CHAPTER 395
FORMERLY
SENATE BILL NO. 420

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2001; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.

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

Section The several amounts named in this Act, or such part thereof as may be necessary and essential to the proper conduct of the business of the agencies named herein, during the fiscal year ending June 30, 2001, are hereby appropriated and authorized to be paid out of the Treasury of the State by the respective departments and divisions of State Government, and other specified spending agencies, subject to the limitations of this Act and to the provisions of Title 29, Part VI, Delaware Code, as amended or qualified by this Act, all other provisions of the Delaware Code notwithstanding. All parts or portions of the several sums appropriated by this Act which, on the last day of June 2001, shall not have been paid out of the State Treasury, shall revert to the General Fund; provided, however, that no funds shall revert which are encumbered pursuant to Title 29, Section 6521, Delaware Code.

The several amounts hereby appropriated are as follows:

GENERAL

Section Any previous Act inconsistent with the provisions of this Act is hereby repealed to the extent of such inconsistency.

Section If any provision of this Act, or of any rule, regulation or order thereunder, or the application of such provision to any person or circumstances, shall be invalid, the remainder of this Act and the application of such provisions of this Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid shall not be affected thereby.

Section The monies appropriated in Section l of this Act shall be paid by the State Treasurer from the General Fund, except as otherwise referenced in Section l.

Section The provisions of this Act to the contrary notwithstanding, any section, chapter or title of the Delaware Code and any Laws of Delaware providing for the application of "Sunset" shall be operative for those agencies, commissions or boards effective during the current fiscal year.

Section Due to the pilot budget format, the restructuring of divisions into programs within divisions has created more exempt positions per division than allowed by law for the participating departments; therefore, all exempt positions authorized by Title 29, Section 5903, Delaware Code, prior to July 1, 1987, shall remain exempt for this current fiscal year, except as otherwise specified in this Act.

Section The abbreviations set forth in this Act for special fund authorized positions or funding mean funding from the following:

ASF - Appropriated Special Funds

NSF - Non-appropriated Special Funds

TFO - Trust Fund Operations

TFC - Trust Fund Capital

Section MERIT SYSTEM AND MERIT COMPARABLE SALARY SCHEDULES

(a) The General Assembly of the State of Delaware supports the statewide policy that the pay plan for Merit System employees be developed in accordance with the results of valid surveys of salaries provided by a defined labor market. The Director of State Personnel shall conduct such surveys on a yearly basis and report the findings of such surveys by December 15 to the Governor and members of the General Assembly who will be responsible for recommending and approving yearly adjustments as are necessary to maintain the competitive posture of the plan. As the Director of State Personnel has conducted the required surveys for the fiscal year ending June 30, 2001, and as the Governor and members of the General Assembly have reviewed the findings of such surveys, effective July 1, 2000, the following pay plans are established for state merit system employees:

Annual Salary

STATE OF DELAWARE PAY PLAN*

(Standard Work Schedule of 37.5 Hours Per Work Week)

PAY 80% of 100% of 120% of

GRADE Midpoint Midpoint Midpoint

1 15,450*** 18,245 21,894

2 15,618 19,523 23,428

3 16,714 20,893 25,072

4 17,880 22,350 26,820

5 19,135 23,919 28,703

6 20,474 25,592 30,710

7 21,903 27,379 32,855

8 23,438 29,298 35,158

9 25,081 31,351 37,621

10 26,837 33,546 40,255

11 28,713 35,891 43,069

12 30,724 38,405 46,086

13 32,875 41,094 49,313

14 35,173 43,966 52,759

15 37,638 47,047 56,456

16 40,274 50,343 60,412

17 43,093 53,866 64,639

18 46,106 57,633 69,160

19 49,335 61,669 74,003

20 52,792 65,990 79,188

21 56,486 70,607 84,728

22 60,439 75,549 90,659

23 64,671 80,839 97,007

24 69,201 86,501 103,801

25 74,042 92,553 111,064

26 79,225 99,031 118,837

* - Annual Salary in Whole Dollars

** - Minimum Salary shall be $15,450.

STATE OF DELAWARE PAY PLAN*

(Standard Work Schedule of 40 Hours Per Work Week)

PAY 80% of 100% of 120% of

GRADE Midpoint Midpoint Midpoint

1 15,569 19,461 23,353

2 16,659 20,824 24,989

3 17,825 22,281 26,737

4 19,072 23,840 28,608

5 20,410 25,513 30,616

6 21,837 27,296 32,755

7 23,366 29,207 35,048

8 25,002 31,253 37,504

9 26,752 33,440 40,128

10 28,624 35,780 42,936

11 30,626 38,282 45,938

12 32,772 40,965 49,158

13 35,066 43,832 52,598

14 37,522 46,902 56,282

15 40,147 50,184 60,221

16 42,960 53,700 64,440

17 45,965 57,456 68,947

18 49,181 61,476 73,771

19 52,625 65,781 78,937

20 56,310 70,388 84,466

21 60,254 75,317 90,380

22 64,471 80,589 96,707

23 68,981 86,226 103,471

24 73,812 92,265 110,718

25 78,978 98,723 118,468

26 84,506 105,633 126,760

* - Annual Salary in Whole Dollars

(i) Merit Rule 5.0200 notwithstanding, the standard work week for employees in the following classification series and designated positions assigned to the Department of Transportation’s Transportation Management Center as approved by the Personnel Director, Budget Director and Controller General shall be 40 hours:

DEPARTMENT CLASS SERIES

Department of Correction Community Work Program Coordinator

Correctional Officer

Correctional Security Superintendent

Director of Community Services

Pre-Release Services Administrator

Pre-Trial Presentence Manager

Probation & Parole Officer I

Probation & Parole Officer II

Probation & Parole Regional Manager

Probation & Parole Supervisor

Senior Probation and Parole Officer

Support Services Manager – DCC

Special Services Manager

Training and Staff Development Officer

Treatment Administrator - DCC

Warden

Department of Public Safety Telecommunication Specialist (ERC)

Telecommunication Central Control Specialist

Department of Transportation Toll Collectors

Toll Supervisors

Toll Corporals

Toll Sergeants

Department of Agriculture Meat Inspectors

Meat and Poultry Inspection Coordinators

State Fire School Emergency Services Training Administrator

(ii) During the fiscal year ending June 30, 2001, the State Personnel Director may designate, with the concurrence of the Budget Director and the Controller General, other appropriate classes or groups of employees to work and be paid according to a standard work week of 40 hours. Such designation shall be based upon the operational necessity of agencies to require employees to regularly and consistently work in excess of 37.5 hours per week and upon the availability of any required funding.

(b)LABOR MARKET SURVEY.

(i) The defined labor market survey in Section 8(a) for Fiscal Year 2001 shall be limited to those governments and institutions of higher education as follows:

DELAWARE Other Counties and Municipalities Other States

New Castle County Cecil County, Maryland Maryland

Kent County Caroline County, Maryland Pennsylvania

Sussex County Salisbury, Maryland New Jersey

Wilmington Chester County, Pennsylvania North Carolina

Newark Delaware County, Pennsylvania Massachusetts

Dover Salem County, New Jersey New York

University of Delaware Virginia

(ii) The findings of the survey in Section 8(a) for Fiscal Year 2001 shall be calculated in the same manner as Fiscal Year 2000, using a comparable weighting formula and other components.

(c)SELECTIVE MARKET VARIATIONS.

Recognizing the need for flexibility to respond to critical external market pressures, selective market variations are permitted to the uniform pay plan structure for job classes that are key to the performance of state functions.

(1) The appointing authority shall identify job classes or job families to be considered for selective market variations according to turnover rates, recruitment problems, vacancy rates, feasibility for the work to be performed on a contractual basis and other criteria established by the State Personnel Director.

(2) Upon receipt of the identified classes, the State Personnel Director shall survey the appropriate labor market to determine the state's position in this labor market.

(3) The Budget Director, the State Personnel Director and the Controller General shall review the information provided in Sections 8(c)(1) and (2) and shall recommend approval or disapproval for the classes for selective market compensation variations.

(4) Any such selective market variations which the State Personnel Director, the Budget Director and the Controller General have determined to be warranted and have been approved by the Joint Finance Committee, shall be designated to become effective July?1, 2000, provided that such variations have been processed as part of the regular budgetary process and the funds for such changes shall be appropriated.

(5) The State Personnel Director shall establish criteria with the State Budget Director and the Controller General to allow for selective market to be effective January 1, 2001. An appointing authority may apply for selective market variation for job classes or job families that are experiencing severe recruitment and retention issues for January 1, 2001. Funds must be available within the agency budget to fund the selective market variation until such time as the General Assembly appropriates such funds.

(6) Upon approval, the minimum, mid-point and maximum salary values shall be raised according to the results of the labor market surveys for the job class. For the purposes of this section, the minimum value of the salary scale shall remain at 75 percent of midpoint and the maximum value shall remain at 125 percent unless the minimum value under the selective market range for a class is less than the minimum value of the merit system pay range. The minimum for the class on selective market shall be no less than the merit system pay range minimum value. No further increases shall be applied to the scale and/or the midpoints.

(7) Employees assigned to job classifications approved under the selective market variation program shall have their salaries adjusted in accordance with the following:

(i) The salary of employees in positions added to the selective market variation program on or after July?1,?2000, prior to application of the general increase outlined in Section 8(d)(1), whose salary in effect as of June 30, 2000, is below the adjusted minimum salary for the assigned job classification shall be increased to the adjusted minimum salary or an advanced starting salary recommended by the State Personnel Director and the salary of employees whose current salary falls within the adjusted salary range shall not be increased.

(ii) The salary of employees in positions added to the selective market variation program before June?30,?2000, after the application of the general increase outlined in Section?8(d)(1), whose salary in effect as of June 30, 2000, is below the adjusted minimum salary for the assigned job classification shall be increased to the adjusted minimum salary or an advanced starting salary recommended by the State Personnel Director and the salary of employees whose current salary falls within the adjusted salary range shall not be increased.

(8) All classes assigned to selective market variation who have not met the criteria to qualify for an adjustment for two consecutive years, shall have their midpoints reduced by seven percent effective July 1, 2000. All classes whose selective market midpoint is not seven percent higher than the midpoint of the regular merit State of Delaware payscale once the general increase has been applied shall move back on to the State of Delaware Pay Plan. The process by which job classes are removed from selective market variation to the regular merit State of Delaware Pay Plan will not result in a reduction in salary for current incumbents who will move from selective market variation to the regular merit State of Delaware Pay Plan.

(9) Effective July 1, 2000, the shift differential rates paid to registered nurses in accordance with the provisions of Merit Rule 5.1425 shall be the same amount in effect as of June?30, 1999.

(d)SALARY INCREASES FOR FISCAL YEAR 2001.

The amount appropriated by Section l of this Act for salaries includes the estimated amount needed to provide for a general salary increase for each state employee, unless as otherwise excepted by subsections of this Section. This increase is to be provided as follows:

(1) Salary adjustments for departments 01 through 77 and Delaware Technical and Community College Plan B:

(i) Effective July 1, 2000, the salary of each employee shall be increased by 3.0 percent or by $1,500.00, whichever is greater.

(ii) Salaries of employees employed in accordance with Title 29, Section 5903(17), Delaware Code, shall be excluded from Subsection (d)(1)(i) of this Section and may receive a salary increase at the discretion of the agency.

(2) (i) The provisions of Subsection (d) of this Section shall not apply to the employees of the General Assembly - House or the General Assembly - Senate. Salaries for those employees will be established by the Speaker of the House of Representatives and the President Pro-Tempore of the Senate, respectively.

(ii) The provisions of Subsection (d) of this Section shall not apply to the Governor, members of the General Assembly, Deputy Attorneys General covered by the pay plan adopted for FY 2000, DNREC employees covered by the competency based pay plan, Uniformed State Police, all full-time and regular part-time non-merit Telecommunications Specialists, Senior Telecommunications Specialist, Telecommunication Shift Supervisors, Telecommunications Central Control Specialists, Senior Telecommunications Central Control Specialists and Telecommunications Central Control Shift Supervisors employed in the Communications Section of the Division of State Police in the Department of Public Safety, employees of the University of Delaware, Delaware State University and members and employees of the Delaware National Guard, excluding the Adjutant General. Funds have been appropriated in Section 1 of this Act for Delaware State University and for the University of Delaware to provide for an increase in salaries paid from General Funds.

(iii) Any Merit System employee who is denied the general salary increase referred to in Section 8(d)(1)(i)

(ii) due to an unsatisfactory performance rating in accordance with Merit Rule 5.1000, shall become eligible for the salary increase upon meeting job requirements as defined by their supervisor, but the salary increase shall not be retroactive.

(iv) Notwithstanding Chapters 5.0 and 6.0 of the Merit rules, any Merit System employee who is covered by the Competency Based Pay Plan provided to the Controller General’s Office on June 8, 1998, shall receive a 3% salary increase effective July 1, 2000. This plan shall continue as it was established in 71 Laws of Delaware, Chapter 354, Section 247, in fiscal Year 2001. In addition, the salary levels established in the competency Base Pay Plan shall be increased by 3% effective July 1, 2000.

(v) Notwithstanding Chapters 5.0 and 6.0 of the Merit rules, any Deputy Attorney General covered under the salary plan approved for Fiscal Year 2000 and established in 72 Laws of Delaware, Chapter 94, shall receive a 3% salary increase effective July 1, 2000. This plan shall continue as established and in addition, the salary levels contained in the approved matrix shall be increased by 3% effective July 1, 2000.

(e) MAINTENANCE REVIEWS.

Any such reclassifications/regrades which the State Personnel Director determines to be warranted as a result of the classification maintenance reviews regularly scheduled by the State Personnel Office shall be designated to become effective July 1, 2001, provided that such reclassifications/regrades have been processed as part of the regular budgetary process and the funds for such reclassifications/regrades shall be appropriated. Maintenance Review classification determination may be appealed to the Merit Employee Relations Board in accordance with Title 29, Section 5915 Delaware Code. Paygrade determinations shall not be appealed.

(f) CRITICAL RECLASSIFICATIONS.

The classification of any position whose salary is covered by the appropriations in Section 1 of this Act, may be changed to be effective January?1, 2001, or July 1, 2001, if the requested change is certified critical by the appointing authority; and approved by the State Personnel Director, Budget Director and Controller General prior to the effective date. Critical reclassification requests and paygrade determinations shall not be appealed to the Merit Employee Relations Board.

(g) OTHER RECLASSIFICATIONS.

Other than those reclassifications/regrades approved in accordance with Section 8(e) or 8(f), no position shall be reclassified or regraded during the fiscal year ending June?30, 2001.

(h) STATE AGENCY TEACHERS AND ADMINISTRATORS.

The salaries of teachers and administrators employed by state agencies and who are paid based on the Basic Schedule contained in Title 14, Section 1305, of the Delaware Code, as amended by this Act, shall receive as salary an amount equal to the index value specified in the appropriate training and experience cell multiplied by the base salary amount defined in Section 1305(b), Title 14, Delaware Code, divided by .7 for ten months employment. If employed on an 11 or 12 month basis, the ten-month amount shall be multiplied by 1.1 or 1.2, respectively.

(i) ADMINISTRATIVE REGULATIONS.

(1) The administrative regulation and procedures necessary to implement this Section shall be promulgated by the State Personnel Director, Budget Director and Controller General.

(2) During the fiscal year ending June 30, 2001, paragraph 5.1100 of the Merit Rules for a Merit System of Personnel Administration shall be null and void.

(3) Consistent with Chapter 16 of the Merit Rules, all state agencies shall implement the performance review prescribed by Office of State Personnel after applicable training by the Office of State Personnel. A performance review shall be completed for employees between January 1 and December 31, 2001.

(4) Employees who retain salary upon voluntary demotion in accordance with Merit Rule 13.0340 shall be ineligible for a promotional increase upon promotion to a paygrade lower than or equal to their original paygrade prior to voluntary demotion for a one year period from the date of their voluntary demotion.

(j) HOLIDAY PAY - DEPARTMENT OF TRANSPORTATION TOLL COLLECTION AND TRANSPORTATION MANAGEMENT CENTER EMPLOYEES.

(1) Merit Rules 5.1410 and 5.1411 notwithstanding, all Department of Transportation employees directly engaged in toll collection operations, or directly engaged in the Transportation Management Center’s 24-hour operation, shall be entitled to receive compensation at their normal rate of pay for holidays in lieu of compensatory time, and they shall also be entitled to receive compensation in accordance with the Fair Labor Standards Act.

(k) OVERTIME FOR WEATHER RELATED EMERGENCIES - DEPARTMENT OF TRANSPORTATION EMPLOYEES.

(1) Department of Transportation personnel responding to weather related emergencies, who are not subject to the Fair Labor Standards Act, shall be entitled to receive compensation at one and one half times their normal rate of pay for all overtime services performed beyond the normal work week. This shall apply to employees classified through the Area Supervisor level. All additional personnel assigned to assist the area yards during weather related emergencies, who are above the level of Area Supervisor, shall be entitled to receive compensation at their straight time rate of pay for all overtime services performed beyond the normal work week.

(l) CALL BACK PAY - HIGHWAY EMERGENCY RESPONSE TEAM.

(1) The Merit Rules notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for call back pay regardless of their classification.

(m) STANDBY PAY - HIGHWAY EMERGENCY RESPONSE TEAM.

(1) The Merit Rules notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for standby pay regardless of their classification.

(n) SALARY PLAN - PUBLIC EDUCATION.

Salary schedules and staffing formulas contained in Title 14, Chapter 13, Delaware Code, shall be revised as specified in this Subsection.

(1) Amend Title 14, Subsection 1305(b), Delaware Code, by striking the words, “2000 shall be $21,669.00.” as it appears therein and by substituting in lieu thereof the value, “2001, shall be $22,560.00.”

(2) Amend Title 14, Subsection 1308(a), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

“Years of Senior Financial Administrative

Experience Clerk Secretary Secretary Secretary Secretary

0 11,373 12,794 13,618 14,099 14,898

1 11,892 13,331 14,159 14,643 15,449

2 12,410 13,871 14,702 15,189 16,002

3 12,930 14,412 15,243 15,732 16,553

4 13,448 14,951 15,784 16,277 17,106

5 13,968 15,491 16,327 16,822 17,657

6 14,485 16,030 16,869 17,367 18,210

7 15,004 16,568 17,411 17,911 18,761

8 15,523 17,109 17,953 18,455 19,314

9 16,041 17,648 18,494 19,000 19,865

10 16,560 18,187 19,035 19,546 20,417

11 17,079 18,726 19,576 20,090 20,969

12 17,597 19,265 20,120 20,634 21,522

13 18,116 19,805 20,662 21,179 22,073

14 18,635 20,345 21,202 21,725 22,624

15 19,154 20,884 21,744 22,268 23,178

16 19,672 21,423 22,286 22,812 23,729

17 20,192 21,963 22,829 23,357 24,280

18 20,709 22,502 23,371 23,901 24,832

19 21,228 23,042 23,912 24,448 25,385

20 21,745 23,581 24,453 24,992 25,936

21 22,276 24,132 25,007 25,548 26,500

22 22,821 24,696 25,574 26,117 27,077

(3) Amend Title 14, Subsection 1311(a), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

Chief Chief

Custodian Custodian

Supervising Supervising

“Years of Custodian 5 or Fewer 6 or More Maintenance Skilled

Exp. Custodian Fireman Custodians Custodians Mechanic Craftsman

0 14,271 14,814 15,089 16,179 16,685 17,130

1 14,679 15,224 15,499 16,590 17,159 17,679

2 15,089 15,632 15,909 16,997 17,636 18,224

3 15,498 16,042 16,317 17,405 18,110 18,769

4 15,909 16,450 16,728 17,817 18,524 19,315

5 16,317 16,857 17,132 18,226 19,060 19,860

6 16,728 17,271 17,543 18,633 19,535 20,405

7 17,132 17,681 17,951 19,041 20,011 20,951

8 17,543 18,088 18,361 19,451 20,486 21,496

9 17,951 18,497 18,769 19,860 20,959 22,044

10 18,361 18,907 19,178 20,270 21,436 22,587

11 18,769 19,318 19,589 20,676 21,911 23,134

12 19,186 19,739 20,010 21,091 22,396 23,694

13 19,613 20,170 20,441 21,515 22,892 24,268

(4) Amend Title 14, Subsection 1322(a), Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"(a) School food service managers who have the qualifications required by the department with the approval of the State Board of Education and who work on a program of at least seven (7) hours per day of the 10-month school year (185 days) shall receive annual salaries in accordance with the following schedule:

SCHOOL FOOD SERVICE MANAGERS

Number of Pupils in School Served by Cafeteria

Yrs of

Exp. Below 351 351-500 501-800 801-1200 1201-1600 1601-2000 2000+

0 12,963 13,847 14,729 15,611 16,497 17,677 18,263

1 13,404 14,285 15,172 16,054 16,936 17,821 18,705

2 13,847 14,729 15,611 16,497 17,377 18,263 19,146

3 14,285 15,172 16,054 16,936 17,821 18,705 19,588

4 14,729 15,611 16,497 17,377 18,263 19,146 20,030

5 15,172 16,054 16,936 17,821 18,705 19,588 20,473

6 15,611 16,497 17,377 18,263 19,146 20,030 20,913

7 16,054 16,936 17,821 18,705 19,588 20,473 21,355

8 16,497 17,377 18,263 19,146 20,030 20,913 21,799

9 16,936 17,821 18,705 19,588 20,473 21,355 22,241

10 17,377 18,263 19,146 20,030 20,913 21,799 22,680

11 17,821 18,705 19,588 20,473 21,355 22,241 23,122

12 18,263 19,146 20,030 20,913 21,799 22,680 23,566

13 18,705 19,588 20,473 21,355 22,241 23,122 24,007

14 19,146 20,030 20,913 21,799 22,680 23,566 24,452

15 19,588 20,473 21,355 22,241 23,122 24,007 24,895

16 20,042 20,927 21,807 22,691 23,574 24,456 25,347

17 20,507 21,392 22,269 23,151 24,035 24,914 25,808

Salaries provided for in this schedule shall be paid to the school food service manager of a single cafeteria. A food service manager responsible for the preparation of food for more than one (1) cafeteria shall receive $400 for each additional cafeteria. A manager of satellite cafeteria(s) shall receive the salary provided for in this schedules less $200. A satellite cafeteria is defined as one where no basic food preparation takes place. A manager who manages more than one (1) cafeteria shall receive the salary provided in this scale using the total school enrollments of all cafeterias managed. The salaries listed in this schedule for school food service managers shall be increased for additional training as defined by the State Board of Education as follows:

One Year of College $ 452

Two Years of College $ 682

Bachelor’s Degree $1,360

(5) Amend Title 14, Subsection 1322(c), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

"SCHOOL LUNCH COOKS AND GENERAL WORKERS"

Years of Experience General Worker Cook/Baker

0 7.67 8.44

1 7.80 8.55

2 7.94 8.67

3 8.02 8.77

4 8.14 8.90

5 8.30 9.06

6 8.43 9.16

7 8.52 9.24

8 8.59 9.32

9 8.69 9.44

10 8.80 9.58

11 8.97 9.70

12 9.09 9.83

13 9.21 9.94

14 9.32 10.04

15 9.44 10.19

16 9.59 10.33

17 9.72 10.42

18 9.86 10.51

19 10.00 10.61

(6) Amend Title 14, Subsection 1324(b), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

"(b) Aides actually working and paid ten months per year shall receive annual salaries in accordance with the following schedule:

Years of Experience Service Aides Instructional Aides

0 10,629 12,775

1 10,949 13,168

2 11,270 13,560

3 11,594 13,954

4 11,915 14,345

5 12,234 14,740

6 12,555 15,132

7 12,876 15,525

8 13,197 15,916

9 13,520 16,309

10 13,840 16,700

11 14,159 17,095

12 14,482 17,486

13 14,802 17,879

14 15,122 18,270

15 15,444 18,666

16 15,766 19,057

17 16,086 19,450

18 16,407 19,841

19 16,729 20,234

20 17,049 20,627

21 17,377 21,027

22 17,712 21,435

(7) Amend Title 14, Subsection 1326(a), Delaware Code, by striking schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

“Class A - $104.00 per day

Class B - $ 83.00 per day

Class C - $ 66.00 per day

(8) Each school district shall continue to use salary schedules not less than those in Title 14, Section 1322, Delaware Code, for all school lunch employees.

(9) Effective July 1, 2000, the State shall pay 65 percent of the annual salary rate for school lunch employees as set forth in the salary schedules in Title 14, Section 1322(a) and (b), Delaware Code, and 50 percent of salary rate for school lunch employees as set forth in the salary schedule in Title 14, Section 1322(c), Delaware Code. The remaining percentage of the hourly salary rate for school lunch employees shall be paid from local funds. The State shall pay other employment costs for school lunch employees at the ratio of state supported salaries to total salaries, provided for by this Section, for school lunch employees.

(10) No provision in this Act shall be construed as affecting the eligibility of school lunch employees as an employee under Title 29, Section 5501, Delaware Code.

(11) Section 1 of this Act provides an amount for salaries and other employment costs for Formula Employees in Public Education. Additional amounts are included in some Block Grants and Pass Through Programs (95-03-00). Local school districts must charge payroll for local share salary supplements and other employment costs and fringe benefits on a semi-monthly basis simultaneously with state-share charges. The amount of salary and other employment costs that can be charged to state appropriations for any one-day period or for any one individual cannot exceed the amount the individual is entitled to receive based on the state salary schedules provided by this Act and Title 14, Chapter 13, Delaware Code, divided by the number of pays the individual has chosen to schedule per year. The provisions of this Section do not apply to Division III - Equalization (Appropriation 0186) which may be charged for local contractual obligations before local current operating funds are used.

(o) SALARY PLAN - DELAWARE TECHNICAL AND COMMUNITY COLLEGE.

(1) For each fiscal year, the minimum increase for a Plan A or Plan D employee shall be one-half of the general increase of the current fiscal year for all eligible merit and merit comparable state employees.

Section (a) Except as specifically authorized to the contrary by the Delaware Code, no state employee whose title is designated in this Act shall receive total compensation whether in wages, salary, wages-in-kind or food allotment bonus or overtime from agencies of this State in excess of the total amount specified in such line item regardless of the source of funds involved. No full-time, part-time or casual/seasonal employee of the State of Delaware shall receive any additional stipend for the purchase of food or be supplied with food or be reimbursed for food that was consumed during normal working hours within the State; except as provided in Title 29, Chapter 51, Section 5112 (b), Delaware Code; or unless approval has been granted by the Budget Director and the Controller General; provided, however that this Section shall not apply to State Police recruits during the period of their training. In the event that an employee shall receive excessive compensation, the amount of the appropriation from the General Fund shall be reduced by the amount of such excessive compensation and the Attorney General shall take such steps as are necessary to recover from such employee any such excessive amount as has actually been paid. In the event the "All Other" part of the salary is made up entirely of federal funds, and such federal funds are terminated or reduced, the state appropriation is hereby increased to provide the "Total Salary" indicated. An agency may provide housing for such employee without reduction in the salary provided such housing is on the site of the principal location of employment and further provided that the head of the department or agency has determined that such location of the employee is necessary to the operation of the agency and that the employee has no other employment. No agency shall provide an employee with a housing allowance or compensation for housing.

(b) A state employee whose salary is designated in this Act may perform additional duties for a state agency other than his/her principal employing agency, with the consent of his/her principal employing agency, and may be paid additional compensation therefore, provided such additional duties are not a part of his/her regular duties for the principal employing agency and not rendered during time paid for by the principal employing agency. All wage payments resulting from the performance of such additional duties, including FLSA overtime, shall be the responsibility of the secondary employing agency unless otherwise authorized by the Budget Director and the State Personnel Director.

Section (a) For the fiscal year ending June 30, 2001, the salaries displayed below represent the salary effective on July 1, 2000.

General All Other

Budget Unit Line Item Funds Funds

(01-01-01) Representative 32.2

(01-02-01) Senator 32.2

(02-01-00) Chief Justice - Supreme Court 137.0

(02-01-00) Justice - Supreme Court 132.1

(02-02-00) Chancellor - Court of Chancery 130.5

(02-02-00) Vice Chancellor - Court of Chancery 125.9

(02-03-00) President Judge - Superior Court 130.5

(02-03-00) Associate Judge - Superior Court 125.9

(02-03-00) Commissioner - Superior Court 75.1

(02-03-00) New Castle County Prothonotary 55.0

(02-03-00) Kent County Prothonotary 48.7

(02-03-00) Sussex County Prothonotary 48.7

(02-06-00) Chief Judge - Court of Common Pleas 129.1

(02-06-00) Judge - Court of Common Pleas 122.6

General All Other

Budget Unit Line Item Funds Funds

(02-06-00) Commissioner - Court of Common Pleas 75.1

(02-08-00) Chief Judge - Family Court 129.1

(02-08-00) Associate Judge - Family Court 122.6

(02-08-00) Commissioner - Family Court 75.1

(02-13-00) Chief Magistrate - Justice of the Peace Courts 90.3

(02-13-00) Magistrate - Justice of the Peace Courts - 1st Term 51.8

(02-13-00) Magistrate - Justice of the Peace Courts - 2nd Term 53.5

(02-13-00) Magistrate - Justice of the Peace Courts - 3rd Term 55.2

(02-17-00) St. Court Administrator – Off. of the St. Court Administrator 103.7

(02-18-00) Public Guardian 57.6

(02-18-00) Executive Director - Violent Crimes Compensation Board 55.3

(02-18-00) Executive Director - Foster Care Review Board 52.1

(10-01-01) Governor 114.0

(10-02-00) Budget Director 105.3

(10-02-07) Director - SAC 76.1

(10-03-01) Director - Delaware Economic Development Office 98.4

(10-04-00) Personnel Director 98.4

(10-07-01) Executive Director - CJC 77.1

(10-07-01) Director – Domestic Violence Coordinating Council 56.7

(10-07-02) Executive Director - DELJIS 68.3

(10-08-01) Director - Delaware State Housing Authority 90.7

(10-09-00) Executive Director - Information Services 105.3

General All Other

Budget Unit Line Item Funds Funds

(12-01-01) Lieutenant Governor 60.0

(12-02-01) Auditor 83.4

(12-03-02) Insurance Commissioner 83.5

(12-05-01) State Treasurer 87.3

(15-01-01) Attorney General 108.4

(15-01-01) Chief Deputy Attorney General 105.7

(15-02-01) Public Defender 108.4

(15-02-01) Chief Deputy Public Defender 105.7

(15-03-01) Parole Board Chairman 68.6

(20-01-00) Secretary - State 98.4

(20-02-00) Director - Human Relations 60.7

(20-03-00) Director – Division of Archives 62.0

(20-05-00) Director - Corporations 80.8

(20-06-00) Director - Historical and Cultural Affairs 76.3

(20-07-00) Director - Arts 62.0

(20-08-00) State Librarian 72.3

(20-15-00) State Banking Commissioner 92.0

General All Other

Budget Unit Line Item Funds Funds

(25-01-00) Secretary – Finance 105.3

(25-05-00) Director - Accounting 88.3

(25-06-00) Director – Revenue 102.7

(25-07-00) Director - State Lottery 82.6

(30-01-00) Secretary - Administrative Services 91.8

(30-01-00) Director - Administration 75.1

(30-01-00) Executive Director - Public Employment Relations Board 65.2

(30-03-00) Public Advocate 66.1

(30-03-00) Director - Public Service Commission 74.9

(30-03-00) Director - Professional Regulation 68.0

(30-04-00) Director - Support Operations 66.0

(30-05-00) Director - Facilities Management 80.2

(30-05-00) Executive Secretary - Architectural Accessibility Bd. 39.0

(30-06-00) Director - Purchasing 69.2

(35-01-00) Secretary - Health and Social Services 105.3

(35-01-00) Director - Management Services 85.0 9.4

(35-04-00) Chief Medical Examiner 130.1

(35-05-00) Director - Public Health 136.1

(35-06-00) Director - Alcoholism, Drug Abuse & Mental Health 117.1

General All Other

Budget Unit Line Item Funds Funds

(35-07-00) Director - Social Services 47.2 47.3

(35-08-00) Director - Visually Impaired 66.7

(35-09-00) Director - Long-Term Care Residence Protection 75.8

(35-10-00) Director - Child Support Enforcement 25.0 50.8

(35-11-00) Director - Mental Retardation 94.5

(35-12-00) Director - State Service Centers 75.8

(35-12-00) Director - Community Services 62.0

(35-14-00) Director - Services for Aging and Adults with Physical Disabilities 75.8

(37-01-00) Secretary - Services for Children, Youth and Their Families 105.3

(37-01-00) Director - Management Services 82.4

(37-03-00) Director - Child Mental Health Services 105.8

(37-05-00) Director - Youth Rehabilitative Services 88.9

(37-06-00) Director - Family Services 96.8

(38-01-00) Commissioner - Correction 98.4

(38-01-00) Bureau Chief - Management Services 78.2

(38-04-00) Bureau Chief - Prisons 94.5

(38-06-00) Bureau Chief - Community Corrections 90.0

General All Other

Budget Unit Line Item Funds Funds

(40-01-00) Secretary - Natural Resources and Environmental Control 98.4

(40-01-00) Deputy Secretary - Natural Resources and Environmental Control 75.4

(40-05-00) Director - Fish and Wildlife 40.5 40.5

(40-06-00) Director - Parks and Recreation 81.7

(40-07-00) Director - Soil and Water Conservation 81.0

(40-08-00) Director - Water Resources 83.4

(40-09-00) Director - Air and Waste Management 87.6

(45-01-00) Secretary - Public Safety 98.4

(45-01-00) Director - Boiler Safety 52.4

(45-01-00) Director - Del. Emergency Management Agency 31.9 31.9

(45-04-00) Director - Alcoholic Beverage Control 67.3

(45-06-00) Superintendent - State Police 109.9

(45-06-00) Assistant Superintendent - State Police 100.8

(45-07-00) Director - Motor Vehicles 80.5

(55-01-01) Secretary - Transportation 98.4

(55-01-01) Chief Engineer 96.1

(55-02-01) Director - Administration 81.5

(55-03-01) Director - Transportation Planning 96.1

General All Other

Budget Unit Line Item Funds Funds

(55-04-01) Director - Highway Operations 96.1

(55-06-01) Director - Delaware Transit Corporation 96.1

(55-07-10) Director – Pre-Construction 96.1

(60-01-00) Secretary - Labor 9.2 82.6

(60-06-00) Director - Unemployment Insurance 78.6

(60-07-00) Director - Industrial Affairs 78.6

(60-08-00) Director - Vocational Rehabilitation 78.6

(60-09-00) Director - Employment and Training 7.8 70.8

(65-01-00) Secretary - Agriculture 92.0

(65-01-00) Deputy Secretary - Agriculture 70.5

(70-01-01) Commissioner - Elections 63.2

(70-02-01) Administrative Director - New Castle County Elections 59.9

(70-02-01) Deputy Administrative Director - New Castle County Elections 58.7

(70-03-01) Administrative Director - Kent County Elections 59.9

(70-03-01) Deputy Administrative Director - Kent County Elections 58.7

(70-04-01) Administrative Director - Sussex County Elections 59.9

(70-04-01) Deputy Administrative Director - Sussex County Elections 58.7

General All Other

Budget Unit Line Item Funds Funds

(75-01-01) State Fire Marshal 44.6 22.2

(75-02-01) Director - State Fire School 66.8

(76-01-01) Adjutant General 82.2

(95-01-00) Secretary of Education 124.1

(95-01-00) Deputy Secretary of Education 105.3

(95-06-00) Executive Secretary - Advisory Council on Career and Vocational Education 83.2

(95-08-01) Executive Director - Higher Education Commission 67.8

(b) (i) Salaries of designated positions in Section 10(a) of this Act shall have no further increase applied by any other section of this Act, except as provided in Section 10(b)

(ii), (iii), (iv), (vii) and (viii).

(ii) If a position in Section 10(a) becomes vacant during the fiscal year, the appointing authority shall submit a request with appropriate justification to the State Personnel Director to establish the salary commensurate with the qualifications of the proposed incumbent and within the position’s evaluated pay range. In reviewing requests made pursuant to this paragraph, the State Personnel Director shall provide an analysis of the request and shall solicit the advice and written consent of the Budget Director and the Controller General.

(iii) Regardless of the provisions of this Act, any state employee who is offered a promotional opportunity to become a division level manager shall be eligible for a five percent promotional salary increase. This eligibility shall be conditioned on a determination that the duties and responsibilities of the division level manager position are at least one paygrade higher than the position proposed to be vacated based on a comparison of equivalent value. For the purpose of this subsection, the equivalent value of one paygrade is defined as seven percent difference in the constant fiscal year dollar value of the evaluated pay range midpoint of the division level manager position compared to the position that the employee is vacating. The appointing authority may request a promotional increase in excess of five percent based upon the qualifications of the selected candidate. The request and appropriate justification shall be submitted to the State Personnel Director. In reviewing requests made pursuant to this paragraph, the State Personnel Director shall provide an analysis of the request and shall solicit the advice and written consent of the Budget Director and the Controller General.

If an employee is offered an appointment to a division level manager position that has an equivalent value equal to or less than the pay grade assigned to the position the employee is vacating, the employee may retain his/her current salary provided it does not exceed the midpoint of the evaluated pay range for the division level manager position. The appointing authority may request the retention of salary in excess of the midpoint of the evaluated pay range for the division level manager position by submitting appropriate justification to the State Personnel Director. In reviewing requests made pursuant to this paragraph, the State Personnel Director shall provide an analysis of the request and shall solicit the advice and written consent of the Budget Director and the Controller General.

(iv) Positions designated in Section 10(a) of this Act may be paid a salary which is less than the designated salary if the position is filled in an "acting" basis.

(v) An agency may request a dual incumbency for a division director or equivalent position in Section 10(a) for a maximum period of six months for cases involving extended disability or terminal leave, provided that the State Budget Director and the Controller General determine that the position is essential to fill during the interim period it would otherwise be vacant. The agency shall submit a request to the Office of State Personnel. The State Personnel Director shall review this request and seek the advice and written consent of the Budget Director and the Controller General.

(vi) If the incumbent in the position of Secretary - Health and Social Services holds a State Medical license, the salary listed in Section 10(a) of this Act for that position shall be increased by $12.0. Additionally, if the incumbent in the position of Secretary - Health and Social Services is a Board Certified physician, a $3.0 supplement shall be added to the annual salary listed in Section 10(a) of this Act.

(vii) If the highest paid Major receives an additional salary increase during the fiscal year, the salary of the Superintendent and the Assistant Superintendent of the State Police shall be increased in accordance with Title 11, Section 8303, Delaware Code.

(c) Effective May 1, 2001, the Office of State Personnel shall submit to the Joint Finance Committee a listing of employees designated in Section 10(a). The listing shall indicate for each position the number of points applicable for Fiscal?Year?2000 and the number of points of any recommended changes for any position for Fiscal Year 2002.

(d) For this fiscal year, the following represent the maximum salaries appropriated within Section 1 of this Act. These maximum salaries may be increased upon approval of the Budget Director and the Controller General to accommodate changes in statutory requirements.

July 1, 2000

General All Other

Budget Unit Line Item Funds Funds

(10-04-00) Board Members - Pensions 9.6

(15-01-01) Board Members - Consumer Protection 3.5

(15-03-01) Board Members - Parole 19.5

(20-02-00) Board Members - Human Relations 2.5

(25-01-00) Board Members - Revenue 33.0

(30-01-00) Board Members - Public Employment Relations Board 7.4

(30-01-00) Board Members - Merit Employee Relations Board 20.0

(30-03-00) Board Members - Professional Regulation 71.5

(30-03-00) Board Members - Public Service Commission 130.0

(30-05-00) Board Members - Architectural Accessibility Board 2.3

(38-04-00) Board Members - Institutional Classification 12.0

(45-04-00) Board Members - Alcoholic Beverage Control Commission 8.6

(60-07-00) Board Members - Industrial Accident Board 153.0

(65-01-05) Harness Racing Commission 13.6

(65-01-10) Thoroughbred Racing Commission 11.2

(65-01-12) Nutrient Management Commission 22.4

(70-02-01) Board Members - New Castle County Elections 21.5

(70-03-01) Board Members - Kent County Elections 13.0

(70-04-01) Board Members - Sussex County Elections 13.0

(95-01-01) Board Members - State Board of Education 16.8

(95-08-01) Higher Education Commissioners 2.4

(e) Upon the enactment of legislation to standardize property assessments across all three counties and the creation of a State Assessment Practices Board, consisting of seven members, to provide guidance and oversight of the property tax system, there shall be established a salary of $.5 per Board member.

(f) Amend Title 29, Section 710, Delaware Code by deleting subsection (c) in its entirety and substituting in lieu thereof the following:

"(c) Any member of the Senate or the House of Representatives who is elected or appointed to any of the following positions shall, while serving in such position, receive additional yearly compensation as follows:

1. President Pro Tempore of the Senate $12,298.00

2. Speaker of the House of Representatives 12,298.00

3. Majority and Minority Leader of the Senate 9,578.00

4. Majority and Minority Leader of the House 9,578.00

5. Chairperson and Vice Chairperson of the Joint Finance Committee 8,868.00

6. Majority and Minority Whip of the Senate 6,032.00

7. Majority and Minority Whip of the House 6,032.00

8. Members of the Joint Finance Committee 7,451.00

9. Chairperson & Vice Chairperson of the Capital Improvement Program Committee 3,543.00

10. Members of the Capital Improvement Program Committee 2,981.00

11. Members of the Joint Sunset Committee 2,981.00

A member of the General Assembly shall be entitled to receive the higher of any one of the above stipends and receive one-half of the amount of a second stipend of an equal or lesser amount. Eligible recipients of a second stipend may choose not to accept such additional stipend. The stipend(s) included herein shall commence immediately when such member is elected or appointed to such position(s). Payments to such members shall be as described in Title 29, Chapter 27, Section 2712 of the Delaware Code.

Section A Committee consisting of representatives from the Office of State Personnel, the Office of the Budget and the Controller General’s Office shall be formed to make recommendations regarding options for State pay plans, including competency based pay, for State employees. These recommendations shall be submitted to the Chairs of the Joint Finance Committee and the Governor on or before December 15, 2000.

Section Effective January 16, 2001, the annual salary for the Governor shall be increased to $114.0, pursuant to the Delaware Compensation Commission Final Report, dated January 14, 1997. The report has the force and effect of law since it was not rejected in full by the General Assembly prior to February 1, 1997.

Section The salaries contained in Section 10(a) of this Act may be increased according to the recommendations of the Delaware Compensation Commission Report as contained in Title 29, Chapter 33, Delaware Code, as amended in this Act.

Section Effective January 16, 2001, the annual salary of the Lieutenant Governor shall be increased to $60.0.

Section The Office of State Personnel shall evaluate the Hay Points assigned to the Department of Elections positions in Section 10(a) of this Act. Should that evaluation result in a promotion, new salaries may be effective October 1, 2000, contingent upon approval of the Director of State Personnel, Budget Director and Controller General.

Section Salaries and wage rates for state employees who are not covered by the provisions of Title 14, Chapter 13, Delaware Code, or by the Merit System, excluding employees of the General Assembly - House or the General Assembly - Senate, Uniformed State Police, all full-time and regular part-time non-Merit Telecommunications Specialists, Senior Telecommunications Specialists, Telecommunication Shift Supervisors, Telecommunications Central Control Specialists, Senior Telecommunications Central Control Specialists and Telecommunications Central Control Shift Supervisors employed in the Communications Section of the Division of Public Safety, Delaware State Police, employees of the University of Delaware, employees of Delaware State University, employees of Delaware Technical and Community College who are paid on the Administrative Salary Plan or Faculty Plan, Plans D and A respectively, Executive Director of Educational Technology Center, members and employees of the Delaware National Guard and employees whose salaries are governed by Section 10 of this Act, shall have the following:

(a) The salary of employees shall be comparable to salaries and wage rates paid from funds appropriated by the State to employees with similar training and experience who serve in similar positions in the Merit System. In the event that there are no similar positions in the Merit System, the State Personnel Director shall establish an exempt position classification only for the purpose of assigning a salary or wage rate to said position. On or before August 15, 2000, the State Personnel Director shall publish a list of exempt positions and the comparable Merit System class and/or paygrade for each position. In addition, such listing shall show the name of the incumbent, if the position is filled, and shall show the statutory citation which authorizes the establishment of the exempt position(s). The State Personnel Director shall provide copies of such listing to members of the Joint Finance Committee and the Controller General. No exempt employee shall be hired until an approved comparability has been assigned to the position. No reclassification/regrading, change in paygrade comparability of a filled or vacant exempt position, or change of a Merit System position to an exempt position otherwise permitted under Delaware Law shall become effective unless approved by the State Budget Director, State Personnel Director and the Controller General. In order to permit the development of the comparability list, state agencies shall provide to the State Personnel Director job descriptions of all exempt positions and position classification questionnaires describing the duties and responsibilities of each of the positions. The certification of comparability by the State Personnel Director shall not be withheld unreasonably. Those positions assigned on a list of comparability that are assigned a comparable class and/or paygrade in the Merit System shall be paid in accordance with Sections 8(c) and (d) of this Act and Merit System Rules 13.0110 and 5.0900 through 5.0931; no other salary increases shall be given to such employees unless specifically authorized in this Act.

(b) The salary of employees whose salary in effect as of June 30, 2000, is below the minimum salary of the assigned paygrade of the pay plan shall be raised to the minimum salary. This adjustment shall be made in accordance with the general increase contained in Section 8(d)(1)(i).

(c) Notwithstanding any other provision of the Delaware Law or this Act to the contrary, civilian employees of the Delaware National Guard shall be compensated at a salary and wage rate established by the Federal Civil Service Commission.

(d) Merit Rules 5.0900 through 5.0931 and the applicable appeal rights provided in Title 29, Section 5915, Delaware Code, shall apply retroactively to any employee who was an incumbent in a merit comparable position that was reviewed for class/paygrade comparability with an effective date of July 1, 1990 or July 1, 1991.

Section Any employee eligible for termination pay, whose regular pay was from special funds, shall have termination pay paid from special funds. If the employee's regular pay is from both General Funds and special funds, termination pay shall be on a pro rata basis. The intent of this Section is that if any school district charges their local share to Division III - Equalization Funds, that for termination pay purposes only, these funds are considered special funds. Exceptions to this method of payment must have the approval of the Budget Director and the Controller General. All agencies shall absorb termination pay within the appropriations set forth in Section 1 of this Act.

Section All agencies or schools receiving federal funds subject to the federal Single Audit Act shall:

(a) Include in program budgets an amount sufficient to cover actual program audit costs incurred by the Office of Auditor of Accounts. Such amount shall be based on estimated audit costs determined and provided by the Office of Auditor of Accounts.

(b) Process audit cost payment documents (Intergovernmental Vouchers) within 30 days of receipt of same from the Office of Auditor of Accounts.

Section All state agencies and departments that own land shall inform the Budget Director, the Controller General, the Secretary of Administrative Services, and the General Assembly, quarterly, as to any and all developments relating to the possible new use, lease or sale, of any portion of said land. This section shall not apply to lands owned by the Department of Transportation that are intended for transportation purposes except as provided in Title 17, Section 137, Delaware Code.

Section No agency shall engage a consultant or authorize expenditure of any General or special funds for the purpose of studying personnel policies and/or the wage and salary classification of employees without the written authorization of the Personnel Director, the Budget Director and the concurrence of the Controller General.

Section All state agencies are directed to remit payment for services rendered by the Division of Support Operations (Mail/Courier Services, Telephone Services, Printing and Publishing and Fleet Management) within 30 days after receipt of invoice. Services may include postal metering, paper supplies, facsimile, printing, telephone, photocopiers, printing and vehicle rental, Carvel Building parking, and vehicle fuels.

Section All outside graphics and printing services for state agencies shall be obtained from the Division of Support Operations or, if appropriate, the Director of the Division of Support Operations may award a contract in accordance with Title 29, Chapter 69, Delaware Code.

Section If a timely payment problem exists, the Department of Administrative Services may require all agencies and school districts paying telephone system payments through the department to make monthly estimated payments toward their telephone bills. The estimated payment is due within five working days of the beginning of each month. The estimated payment should equal the average of the last three months of actual reconciled payments; or payments based on a schedule established by the department. The department will continue to be responsible for the actual payments to the telephone companies and the reconciliation of accounts with the user agencies and school districts.

Section With the exception of the custodial work associated with Legislative Hall and the Governor's Office, the Department of Administrative Services (30-00-00) may not hire any permanent, full-time custodial employees in any fiscal year without the approval of the Budget Director and the Controller General.

Section It is hereby directed that the Indirect Cost Recovery Program, Office of the Budget, may recover indirect costs from non-federal special funded regulatory and service agencies. Costs that are allocated to a state agency under this authority shall be billed to the state agency, and the cost is payable to the General Fund of the State. The source of payment for the billed indirect cost shall be any revenue source except the General Fund. If the billed agency is authorized to bill and recover direct expenses, the agency shall recover indirect costs in the same manner. The effort initiated in Fiscal Year 1993 covering State Banking Commission, Professional Regulation and Public Service Commission shall continue in Fiscal?Year?2001.

Section Notwithstanding the provisions of Title 29, Section 6340(a), Delaware Code, Section 1 of this Act summarizes salary and wage and other employment costs into a single line entitled "Personnel Costs."

Section Chapters 5.0000 and 6.0000 of the Merit Rules notwithstanding, the State Personnel Director, in accordance with the Budget Director and the Controller General, shall have the authority to designate and approve pilot projects within specified agencies. Such pilot projects shall accrue to the mutual benefit of the State as an employer and its affected employees in the Department of Health and Social Services, the Department of Services for Children Youth and Their Families, the Department of Correction, and the Department of Transportation. These pilot projects may include employee incentives which have the impact of reducing overtime usage in these departments, and which are designed to achieve a net reduction in costs to the State. Such projects may include elimination of pre-employment testing for certain classifications, eliminating the cap on vacation carry-over, gain sharing, and the substitution of certain fixed state holidays by floating holidays. Such pilot projects shall not exceed a period of two years duration, subject to renewal on a six month basis, and shall include a written assessment to the Budget Director and the Controller General of their effectiveness at the end of each period.

Section For Fiscal Year 2001, the provisions of Section 6502(a), Title 29, Delaware Code, shall be waived for school districts. In its place, school districts shall be required to provide to the Budget Director and Controller General a signed copy of its approved district budget for expenditures, including positions to be funded from all funds, as well as any other information required by the Budget Director (provided the Budget Director furnishes official blank forms for such data).

Section Notwithstanding the provisions of Title 29, Section 6334(c), Delaware Code, for Fiscal Year 2002, the proposed budget plan, as prepared by the Budget Director, shall be in such a format that it can readily be analyzed and comprehensive in nature.

Section All agencies receiving an Energy appropriation in Section 1 of this Act must work through the Division of Purchasing, Department of Administrative Services, and the State Budget Office, Executive Department, to attain any contract(s) dealing with the retail wheeling of natural gas or electricity. This includes agencies 01 through 95 with the exception of the University of Delaware.

During the current fiscal year, all energy use systems for new facilities, rental/leasing changes, and/or renovations to energy use systems must be coordinated with the Energy Office within the Department of Administrative Services, Division of Facilities Management and with the Executive Department, Office of the Budget.

Any internal program unit/budget unit having energy funding (electricity, natural or propane gas and heating oils) for the purpose of reimbursing a host internal program unit/budget unit must release the remaining sums to the host internal program unit/budget unit in the event that the tenant internal program unit/budget unit vacates the premises. It is the responsibility of the host internal program unit/budget unit to initiate the transfer request. Those agencies which are budgeted energy as a result of occupying a portion of a host facility’s property, and do not directly pay energy bills, may not transfer energy funds other than to the host agency.

Section Members of the Board overseeing the Delaware Qualified Tuition Savings Program may be reimbursed for mileage expenses incident to their duties.

Section Increased use of videophones and related technologies by agencies comprising the criminal justice system is beginning to have a positive impact on the operations of these agencies. One such positive impact is the reduction in the number of trips Department of Correction personnel need to make to transport offenders from the secure facilities in the prisons to the courts for various hearings and other procedural matters. To help quantify these positive impacts, agencies with videophones obtained through the Videophone Committee of the Criminal Justice Council shall submit to the Budget Director and Controller General an annual report on their use of their videophone(s). This report shall be submitted no later than December 1, 2000, and shall contain information such as but not limited to 1) the number of videophones used; 2) what types of activities the videophone(s) are used for; 3) the number of times the videophone(s) was used for each activity; 4) any savings or deferred costs resulting from the use of the videophone(s); 5) any costs directly associated with the use of the videophone(s); and 6) future plans for the use of the videophone(s).

Section The Department of Corrections shall submit a report of videophone usage to the Budget Director, Controller General and members of the Joint Finance Committee annually by December?1. This report shall include a detailed description of the actual savings, deferred costs and previously anticipated savings and deferrals that were not realized.

Section Amend the Classified Service Merit Rule No. 5.1453 to reflect the rate of pay per month for Level A to be $150 and Level B to be $75.

Section Notwithstanding any other provision of the Delaware Code or this Act to the contrary, the State Budget Office, subject to the approval of the Controller General, is authorized to make technical adjustments to the personnel complement of any agency as appropriated in Section 1 of this Act in those situations where, due to the rounding of split-funded positions, such an adjustment is necessary so that an agency may establish its authorized complement. The provisions of this section are retroactive to January 1, 1999.

Section Chapters 5.0000 and 6.0000 of the Merit Rules notwithstanding, the State Personnel Director in accordance with the Budget Director and the Controller General shall have the authority to approve statewide pilot projects including compensation for the purpose of attracting and retaining information technology personnel to State government. These pilot projects shall include, but are not limited to; the development of a competency based pay structure for information technology personnel, job rotation opportunities across various agencies, the development of technology resource groups, training opportunities and coordinating with the University of Delaware, Delaware State University and the Delaware Technical and Community College to develop formal cooperative education programs in information technology.

Section For FY 2001, Merit Rule 5.0711 shall be amended to authorize the appointing authority to approve a starting rate or promotional rate up to 85 percent of midpoint where the applicant’s qualifications are clearly over and above those required by the minimum for the class specification.

Section Effective July 1, 1999 all employee benefit deductions shall be made on a pre-tax basis. Employees who have currently designated employee deductions on a post-tax basis shall continue to have those deductions on a post-tax basis as long as the employee remains in a benefit program or the employee makes a change to pre-tax employee benefit deductions.

Section In an effort to reduce the financial impact of worker’s compensation and property losses to the State, the agencies and school districts shall work with the Insurance Coverage Office to implement safety and return to work policies. Any employee who has been on Worker’s Compensation shall be a preferential hire for any position for which the employee is qualified. In accordance with State law, the employee shall receive a salary supplement based on that employee’s prior earnings in the event the new salary is less than their current salary.

Section Amend 29 Del. Code 3303(b) by striking the fourth sentence in its entirety and replacing as follows:

“The rate of remuneration established in the report for offices which salaries are more than $25,000, except for the Governor, shall not exceed 120% of the remuneration received in the fiscal year in which the report is submitted.”

Section Section 1 of this Act appropriates $504.0 to the Office of the State Treasurer to establish an employee match component to the State of Delaware Deferred Compensation Program.

The fundamental structure, eligibility guidelines and match amounts are described in legislation sponsored by the members of the Joint Finance Committee. Further rules, stipulations and guidelines for administration of the program may be set by the Deferred Compensation Council.

Section Amend 29 Del. Code 5956 by striking 5956(g) in its entirety. This Act shall be effective June 1, 2000.

Section Not withstanding Chapter 2.0 and Chapter 12 of the Merit Rules, upon approval by the Budget Director, Controller General and the State Personnel Director temporary appointees may be assigned to the same position as that already assigned to a permanent employee in order to complete a special project.

Section Amend Title 29, Chapter 33, §3303 (a) by inserting “associate judges and court commissioners” after the words “all judges”.

Section (a) For the fiscal year ending June 30, 2000 any sums in the following accounts shall remain as continuing appropriations and shall not be subject to a reversion until June 30, 2001.

Fiscal Year Account

Appropriation Codes Remarks

2000 (01-05-01-01-40) Travel

1999/00 (01-05-01-01-41) Legislative Travel

2000 (01-05-01-01-50) Contractual

1998/99 (01-05-01-01-50) Contractual Services

1998-99 (01-05-01-01-85) Delegation Expense

2000 (01-08-01-01-85) TriCent Committee

2000 (01-08-02-01-50) Contractual

1997/98/99 (01-08-02-01-80) Senior Center Reporting

1998 (01-08-02-01-85) Formula Update

1999 (01-08-02-01-50) Contractual Services

2000 (01-08-02-01-60) Supplies and Materials

1998 (01-08-02-01-70) Capital Outlay

2000 (01-08-02-01-86) Juvenile Detention Oversight Committee

1998/99 (01-08-02-01-86) Juvenile Detention Oversight Committee

1996 (01-08-02-01-87) Contingency – Legal

1999 (01-08-02-01-98) One-Time

2000 (02-06-10-01-95) First State Quality Improvement Program

1999/00 (02-13-10-01-95) First State Quality Improvement Program

2000 (02-17-01-01-86) State Court Administrator Search/Kent County Judicial Furniture

1998 (02-17-04-01-80) Computer Projects

1999 (02-17-04-01-81) Special Projects

1998 (02-17-04-01-85) Development Fund

1997 (02-17-04-01-97) Technology Initiatives

1999 (02-17-04-01-98) Flexible Technology Development Fund

1994 (02-17-04-01-98) One-Time Item (Civil CMS)

1997/99/00 (10-02-01-01-82) Computer One-Time

1998/99/00 (10-02-01-01-85) Data Development

2000 (10-02-01-01-91) Budget Automation

1998/00 (10-02-01-01-97) PHRST

1998 (10-02-01-01-98) One-Time (Automated Release Date Project)

2000 (10-02-01-01-99) Technology

1997 (10-02-01-02-01) Infrastructure

1998/00 (10-02-01-02-02) Evaluation Project

1999 (10-02-07-01-98) One-Time (SAC)

1997/99/00 (10-02-04-01-85) Legal Fees

2000 (10-02-04-01-89) Salary/OEC

1999/00 (10-02-04-01-92) Family Services Cabinet Council

1996 (10-02-04-01-93) Crime Bill Match

1997/98/00 (10-02-04-01-99) Technology Initiative

1999 (10-02-04-02-01) Home Visit

2000 (10-02-04-02-09) KIDS Count

2000 (10-02-04-02-18) Judicial Nominating Committee

2000 (10-03-01-01-87) Welfare Reform

2000 (10-03-01-01-88) Workplace Literacy

2000 (10-03-02-01-98) One-Time Items

1999 (10-03-03-01-87) Welfare Reform

1998/99 (10-03-03-01-88) Workplace Literacy

2000 (10-04-02-01-81) Employee Recognition

2000 (10-04-02-01-87) School-to-Work

1999/00 (10-04-02-01-98) First Quality Fund

2000 (10-04-05-01-86) Self Insurance

1995/97 (10-05-01-01-80) Pilot Programs

1999/00 (10-05-02-01-80) Operations

1997 (10-09-01-01-99) Technology Initiative

1996 (10-09-40-01-98) One-Time – LIS

2000 (15-02-01-01-98) One-Time

2000 (20-01-04-01-98) One-Time

2000 (20-03-01-01-81) Document Conservation

2000 (20-03-01-01-98) One-Time

1998 (20-03-01-01-80) Historic Markers

1997/99 (20-03-01-01-98) One-Time

1999/00 (20-06-01-01-98) Oral Histories

2000 (20-06-04-01-98) One-Time

2000 (20-08-01-01-80) Library Standards

2000 (20-08-01-01-81) Delaware Electronic Library

2000 (20-08-01-01-86) DELNET

1999 (25-05-01-01-97) Dual Payroll

1999 (25-05-01-01-99) Technology

1998 (30-01-40-01-98) Collaborative Bargaining

1998 (30-04-50-01-98) Consolidation of State Telephone 800 Numbers

1997/98/99/00 (35-01-20-01-83) Electronic Benefit Transfer

1995 (35-01-20-01-87) Electronic Benefit Transfer

1999/00 (35-01-20-01-97) Development

2000 (35-01-20-01-84) Nursing Home

2000 (35-01-20-01-98) One-Time

1997/98 (35-01-20-02-05) Technology

1999 (35-05-20-01-51) Contractual

2000 (35-05-20-01-82) Immunizations

2000 (35-05-20-01-83) Hepatitis B

1998 (35-05-20-01-98) Managed Care Home and Food Inspections

1999/00 (35-05-20-01-98) One-Time

2000 (35-05-20-01-80) School Based Heath Clinics

1996 (35-06-10-01-98) Managed Care One-Times

2000 (35-06-10-01-81) First Quality

1997 (35-07-01-01-99) DCIS

1997 (35-08-01-01-98) Adaptive Equipment

2000 (35-09-01-01-98) One-Time

2000 (35-12-10-01-98) One-Time

2000 (35-12-10-02-00) Federal Match

2000 (35-12-20-01-98) One-Time

1999 (37-01-10-01-97) Home Visiting Program Follow Up

2000 (37-01-10-01-84) Home Visiting

2000 (37-01-15-01-50) Silver Lake Leasing

2000 (37-01-50-01-81) MIS Development

2000 (37-01-50-01-98) One-Time (Client Records Project)

1995 (37-05-50-01-98) Ferris Retraining

2000 (38-01-01-01-82) Education Enhancement

2000 (38-01-01-01-83) Advertising Enhanced CO Recruitment

2000 (38-01-10-01-86) Warehouse

2000 (38-01-10-01-95) First State Quality Improvement Program

1998 (38-01-10-01-97) Technology Initiatives (DACS)

1999/00 (38-01-10-01-99) MIS/Technology

1999 (38-01-20-01-98) DCC Expansion Kitchen Start Up

2000 (38-01-30-01-80) Medical Services

2000 (38-01-31-01-80) Substance Abuse Treatment

1999/00 (38-01-40-01-99) Maintenance and Restoration

2000 (38-04-01-01-82) Drug Testing

2000 (38-04-01-01-88) Out-of-State Boarding

2000 (38-04-03-01-86) DCC Expansion Operating Start Up

1998 (38-04-03-01-98) DCC Expansion One-Time Items

2000 (40-01-01-01-96) Development Fund Project

1999/00 (40-01-01-01-97) MCI/Equipment

1999 (40-01-01-01-98) Technology

1999/00 (40-08-01-01-80) Delaware Estuary

1999 (40-08-02-01-98) First State Quality Fund

2000 (40-08-02-01-98) One-Time (LIMS Project)

1998 (40-08-05-01-97) Permitting Project

1999/00 (40-08-07-01-81) Whole Basin TMDL

1997/98/99 (40-09-03-01-80) HSCA Loan/Super Fund

1998 (40-09-03-01-82) Debris Disposal

2000 (45-01-01-01-98) Computer Equipment

1986 (45-01-01-03-81) Hazardous Waste Revolving Fund

2000 (45-01-20-01-98) 800 MHz Training

2000 (45-01-30-01-97) Hurricane Floyd

2000 (45-01-30-02-00) LEPC Expenses

1999 (45-04-10-01-98) Re-engineering Study

2000 (45-04-10-01-80) Tobacco Enforcement

2000 (45-04-10-01-97) One-Time – Advert. and Database Replacement Study

1999 (45-06-01-01-98) Child Abuse Intervention Training

1998 (45-06-01-01-98) Academy Curricula and Training Study

1996 (45-06-05-01-80) CMP Project

1996 (45-06-05-01-81) AVL Tech

1998 (45-07-01-01-98) Telephone System

1995/99 (45-07-01-01-99) Anti-Theft Project

1999 (45-07-10-01-98) GDL Program

1998 (45-07-10-01-97) Point Changes

2000 (60-09-20-01-87) Welfare Reform

2000 (60-09-20-01-88) Individual Skills Grant

2000 (65-01-02-01-98) One-Time

2000 (70-01-01-01-97) Data Development/Printers

2000 (70-01-01-01-98) Voter Education Initiative

1997 (70-04-01-01-98) Road Naming/911 Project

1998 (75-01-01-01-98) Staff Computer Training

2000 (75-02-01-01-97) Student Records System

2000 (75-03-01-01-98) One-Time

2000 (75-03-01-09-76) GIA Section 2

2000 (76-01-01-01-69) MCI-DNG

2000 (90-03-01-01-99) Agricultural Match

2000 (95-01-01-01-89) State Board of Education

2000 (95-01-01-01-91) Professional Standards Council

1999/00 (95-01-01-01-93) Building Improvement

1999 (95-01-01-01-98) One-Time

1999/00 (95-01-01-02-00) Standards and Assessment

2000 (95-01-01-02-02) Delaware Student Testing Program

1999 (95-01-01-02-08) Family Involvement

1999 (95-01-01-02-11) FSCC-HV

2000 (95-01-01-02-27) Off Grade/EOS Testing

1999/00 (95-03-10-01-91) Professional Development

1996/97/98 (95-03-10-01-93) Shared Decision Making

2000 (95-03-15-01-27) Smithsonian Project

2000 (95-03-15-01-31) Early Education Center

2000 (95-03-20-01-27) Student Discipline Program

2000 (95-03-20-01-53) 3-5 Program

2000 (95-03-20-01-82) Early Childhood Assistance

1999 (95-03-20-01-98) One-Time

2000 (95-04-01-01-90) Public School Transportation

2000 (95-07-01-01-80) Operations

2000 (95-08-01-01-83) Scholarship

1998 (95-08-01-01-84) DHEC

2000 (95-08-01-01-85) Ferguson DSTP Scholarship

1997 (95-08-01-09-75) GIA Section 1

1998 (95-08-01-09-77) GIA Tuition

1994 (95-13-00-01-48) Teacher in Space

2000 (95-17-00-02-02) Discipline

2000 (95-23-00-02-02) Discipline

2000 (95-32-00-02-31) Brandywine Springs-Equalization

2000 (95-33-00-02-02) Discipline

(b) For the fiscal year ending June 30, 2000, any sums in Fiscal Year 1999 appropriations 0207 (Student Mentoring) and 0208 (Magnet Grants) for Public Education shall remain as continuing and not be subject to reversion until September?30,? 2000. Program expenses may not be incurred subsequent to the start of the regular 2000-2001 school year.

(c) For the fiscal year ending June 30, 2000, any sums in appropriation 0193 (Shared Decision Making) for Fiscal Year?1996, Fiscal Year 1997 and Fiscal Year 1998 for Public Education shall remain as continuing and not be subject to reversion until June 30, 2001.

(d) Funds appropriated under Sections 369, 397(a)(3), (5) and (7), and Section 421 of this Act shall be appropriated on a 15 month basis and not be subject to reversion until September 30, 2001. Program expenses may not be incurred subsequent to the start of the regular 2001-2002 school year.

(e) For the Fiscal Year ending June 30, 2000, any sums in Fiscal Year 2000 appropriation 0213 (Charter School Operations) for Public Education shall remain as continuing and not be subject to reversion until June 30, 2001.

(f) Of the Continuing Appropriation for Fiscal Year 1996, (01-08-02-01-87), up to $100.0 may be used for the Legislative Clean Air Policy Committee, Inc. legal and consulting expenses. With the approval of Legislative Council, up to $20.0 may be used for technical assessment.

TOBACCO – MASTER SETTLEMENT AGREEMENT

Section Section 1 of this Act includes Appropriated Special Funds of $9,864.1 from funds received as a result of the Master Settlement Agreement on tobacco funds. These funds are allocated as follows:

(10-05-01) Health Care Commission

$1,000.0 Uninsured Action Plan;

500.0 Diabetes;

47.5 1.0 ASF FTE – Assistance to the Commission on health issues;

9.0 Casual and Seasonal assistance

(15-01-01) Attorney General

$ 110.0 2.0 ASF FTE’s - legal matters relating to tobacco laws & regulations

(30-05-10) Administrative Services - Facilities Management

$1,900.0 DHSS – Minor Capital Improvements

(35-01-10) Health & Social Services – Secretary

$ 250.0 Disabled Client Survey

(35-5-20) Health & Social Services – Community Health

$ 55.0 Chronic Disease Program;

2,135.5 Tobacco prevention through Community Based organizations including $110.0 for Department of Services for Children, Youth, & their Families;

150.0 Research and testing regimens of detecting lesser known illnesses

(35-5-30) Health & Social Services – Emergency Medical Services

$752.9 Public Access defibrillation initiative

(35-6-40) Health & Social Services – Alcoholism, Drug Abuse, and Mental Health

$ 200.0 Transitional housing for persons completing detoxification

(35-07-01) Health & Social Services – Social Services

$328.0 Prescription Drug Program (difference from FY00 funding);

1,485.0 SSI coverage for persons who lose benefits due to unearned income;

408.7 Increase Medicaid eligibility for pregnant women/infants to 200% of poverty

(45-4-1) Public Safety – Alcoholic Beverage Control

$315.5 3.0 FTE Agents and 1.0 FTE Clerical for Enhanced Enforcement (of which $79.0 is one time funding)

(95-1-1) Public Education – State Board of Education and Department of Education

$77.0 1.0 ASF FTE School Health Coordinator for statewide training;

70.0 Professional development of public school staff, promotion of prevention activities in private schools, and prevention and health promotion supplies in public schools;

70.0 Pilot Life Skills Training Program

All of the above allocations are contained in the specified budget unit in Section 1 of this Act including associated positions and line item funding. The funds herein appropriated shall be disbursed in accordance with the recommendations of the Delaware Health Fund Advisory Committee as amended by the Joint Finance Committee.

All remaining unallocated funds shall be invested by the Cash Management Policy Board and any interest accrued shall be deposited to the credit of the funds of the Master Settlement Agreement.

LEGISLATIVE

Section Of the total positions authorized in Section 1 of this Act for the Division of Research (01-08-01), the position of Research Assistant to the House and Senate Sunset Standing Committees shall be an exempt position and shall report to the Director.

Section Section l of this Act provides an appropriation to the Office of the Controller General (0l-08-02) for Other Items: Legislative Council. Requests from the Chairs of Standing Legislative Committees for professional staff assistance shall be submitted to the Legislative Council for approval or disapproval. Approvals for professional staff assistance shall be allowed within the limits of the appropriation and as provided by guidelines established by the Legislative Council.

Section Section 1 of this Act provides an appropriation to the Office of the Controller General (01-08-02) for Contingency - Legislative Council. Requests from various task forces and committees of either the House of Representatives or the Senate for travel expenses, meeting expenses, contractual services and any other expenses shall be submitted to the Legislative Council for consideration.

Section The Hay points and the salary schedule for the Controller General shall be calculated in a manner comparable to division directors.

Section Section 1 of this Act makes an appropriation to the Office of the Controller General (01-08-02) for legal expenses regarding neighborhood schools. Expenditures of such funds shall be approved by both the Speaker of the House and the President Pro Tempore of the Senate on issues arising from planning for and implementation of neighborhood schools.

JUDICIAL

Section Section 1 of this Act, provides the Department of Services for Children, Youth and Their Families, Appropriated Special Fund (ASF) authority in the amount of $34.8 in order to provide public notice of court action(s) involving minors under the department's custody whose parents' whereabouts are unknown, per Family Court rules. Any other fees, assessments, costs or financial obligations imposed by Family Court for the issuance and service of subpoenas or summons by way of court rules, regulations or administrative procedures may not be charged to the Department of Services for Children, Youth and Their Families. Any such costs associated with these procedures shall be the financial responsibility of Family Court.

Section Section 1 of this Act contains position authorizations and associated appropriations to the Justices of the Peace Courts (02-13-10) included exclusively for the purpose of maintaining business hours in the following courts as specified:

J.P. Court #2 (Lewes) 10 eight-hour shifts per week

J.P. Court #4 (Seaford) 10 eight-hour shifts per week

J.P. Court #10 (Prices Corner) 12 eight-hour shifts per week

J.P. Court #15 (Claymont) 10 eight-hour shifts per week

J.P. Court #20 (City of Wilmington) 21 eight-hour shifts per week

Section Law clerk positions in the Court of Common Pleas (02-06-00) and the Staff Attorney position in the Justices of the Peace Court (02-13-00) shall be exempt positions and shall be excluded from classified service as defined under Title 29, Delaware Code, Section 5903.

Section Section 1 of this Act appropriates $424.8 in Contractual Services to the Office of the State Court Administrator (02-17-01) for Victim Offender Mediation Programs. The Victim Offender Mediation Committee will determine which programs are to be awarded funds from this appropriation.

Section This Act appropriates $110.8 ASF in personnel costs to the Court of Common Pleas (02-06-00) for 2.0 ASF FTE Court Clerks and 1.0 ASF FTE for a Fiscal Administrative Officer to help with the collection of court receivables inherited from the former City of Wilmington Municipal Court. Notwithstanding other statutes to the contrary, the Court of Common Pleas is authorized to retain a portion of the fines and fees collected from these receivables in an amount sufficient to cover the personnel costs of these positions. Adjustments to the Appropriated Special Fund spending authority for the Court of Common Pleas (02-06-00) can be made upon the concurrence and approval of the Budget Director and the Controller General.

Section Section 1 of this Act appropriates $215.5 in personnel costs and 5.0 FTEs to the Superior Court (02-03-10) for Drug Court positions funded by an expiring federal grant. Upon the expiration of the grant, the existing 5.0 Non-appropriated Special Fund positions will be converted into General Fund positions.

Section Section 1 of this Act appropriates $120.0 in Personnel Costs and 4.0 GF FTEs to the Court of Common Pleas (02-06-00) for the implementation of civil restraining orders. These positions are subject to enactment of Senate Bill 237 of the 140th General Assembly, or similar legislation, relating to civil restraining orders and the Court of Common Pleas. If this bill, or similar legislation, is not enacted these appropriations shall revert to a Budget Office Contingency.

EXECUTIVE

Section (a) Section 1 of this Act appropriates $2,000.0 to the Office of the Budget (10-02-01) for Data Processing – Development Projects which contemplates information technology planning, development and procurement services for the following state department/agencies development projects and feasibility studies:

DEPARTMENT / AGENCY SERVICE NEED

Office of the Budget

Family Services Cabinet Council

Master Client Index

Agriculture

Delaware Nutrient Management Commission Database

Office of Information Services

Operations Oracle Licensing

Health and Social Services

Social Services MMIS Development

Child Support Enforcement DACSES Modifications

Natural Resources and Environmental Control

Office of the Secretary

Data Integration

Allocation of the funds appropriated for this purpose shall be made by the Budget Director in consultation with the affected department/agency head. Service need allocations shall not be transferred to another department or service need unless approved by the Budget Director. In the event there are federal funds available for match in support of a project or projects, the Budget Director and the Controller General may transfer such funds as are necessary for matching purposes to the department/agency involved.

(b) No computer or computer-programming related systems project identified in Subsection (a) of this Section may be initiated by the departments/agencies during this fiscal year, unless covered by a formalized plan approved by the department/agency head and the Budget Director. After the Budget Director approves a formalized project, he/she shall forward a copy to the Controller General and the Director of the Office of Information Services. Such project will be in the form approved by the Budget Director, or his/her designee, and shall include:

(i) statement of work to be done;

(ii) existing work to be modified or displaced;

(iii) total cost of systems development and conversion effort, including systems analysis and programming cost, establishment of master files, testing, documentation, special equipment costs, including full overhead, savings or additions in positions and operating costs that will result after development or conversion;

(iv) other advantages or reasons that justify the work;

(v) source of funding for the work and whether or not work is within scope of work envisioned under this Section; and

(vi) estimated costs of such project shall include a three-year projection, i.e., current fiscal year and two succeeding fiscal years.

(c) No project is to be undertaken which is beyond the scope of work approved by the department/agency head and the Budget Director. This requirement applies to all computer or computer-programming related systems development performed by the Office of Information Services and approved by the Office of the Budget, department/agency itself or an outside consultant or contractor. Further, this requirement applies to new computer programs or systems purchased or otherwise acquired and placed in use.

(d) Status reports supplied by the Budget Office and approved by the Office of Information Services and the Controller General, sufficiently descriptive in nature of each project, shall be completed by each department/agency and provided quarterly to the Budget Director, the Director of the Office of Information Services and the Controller General.

(e) In support of all projects executed between the Office of Information Services and the Office of the Budget and the concerned department/agency, Information Services shall maintain staff support to the benefit of department/agency at the projected level of effort (subject to recruitment delays) until the project work has been accomplished.

(f) No funds appropriated in Section 1 of this Act may be used to employ data or word processing professionals in support of current or proposed data or word processing systems without prior written approval of the Budget Director.

Section The General Assembly finds that the establishment of the federal TANF block grant has left the state vulnerable to deficits from caseload increases attributable to an economic downturn. In order to minimize such exposure, the funds within the Reserve Account for CSCRP Disallowances (10-02-01-80-51), and any funds which may become available from a one-time federal surplus resulting from the old AFDC (Title IV-A) and JOBS (Title IV-F) Programs, shall be available to mitigate to the extent possible, projected deficits in TANF supported programs within the Division of Social Services, Department of Health and Social Services. The use of such funds for such purposes shall require the approval of the Budget Director and Controller General.

Section Section 1 of the Act contains an appropriation in Office of the Budget, One-Time Items and Contingencies (10-02-04) for Contingency - Salary. The Budget Director with the concurrence of the Controller General is authorized to transfer agency salary funds through transfers in order to adjust for salary savings, the general salary increase contained in Section 8 of this Act.

Section The amount appropriated to the Office of the Budget, Contingency and One-Time Items, Prior Years' Obligations, shall be used to pay personnel costs, reimbursement of overpayment of fringe benefits, and other obligations except coding errors by a school district which require adjustment of the state's accounts. Any use of the Prior Years' Obligations account by any agency receiving funds in Section 1 of this Act, in excess of the amount reverted from the applicable line code on June 30 of the fiscal year in which the expense was incurred, will require the requesting agency or school district to reimburse the Prior Years' Obligations account by the amount equal to the excess requested. A line code reversion sum does not negate the necessity of encumbering sufficient funds to cover known expenses, proof of circumstances beyond an agency's ability to encumber must be documented on the request for transfer to be excluded from the reimbursement clause. All requests for prior year funds to complete the payment of one-time items will require a reimbursement to the Prior Years' Obligations account by the requesting agency from any appropriation other than personnel costs. The reimbursement can be removed from the current fiscal year's budget. The reimbursement clause shall not apply to legal judgments against the agency or school district. A reimbursement under this Section shall not be deemed to be prohibited by Title 10, Section 8111, Delaware Code.

Section For Fiscal Year 2001, Title 29, Chapter 65, Section 6529, Delaware Code is interpreted to include the ability to implement a hiring review process. All State agencies with the exception of Legislative, Judicial, Higher Education and School Districts shall be subject to the provisions of Section 6529 as interpreted by this section. Implementation of a hiring review process shall require all positions to be reviewed and approved by the Budget Director and the State Personnel Director prior to filling. All non-cabinet agency hiring requests shall also require the review and approval of the Controller General prior to filling.

Section Section 1 of this Act appropriates $100.0 to Office of the Budget Contingencies and One-Time Items (10-02-04) for Tax Warrant Adjustment. Upon the approval of the Budget Director and the Controller General, $50.0 shall be transferred to both Kent and Sussex County for reimbursement of interest lost due to the change in the deadline for the delivery of school property tax warrants.

Section The appropriation in Section 1 of this Act to the Office of the Budget, Contingency and One-Time Items (10-02-04) for Contingency, Appropriated Special Funds for $20,000.0 shall be used to make adjustments in the amount of state special fund appropriations in the event additional state special funds are received which were not previously anticipated. Such adjustments shall be made in accordance with the approval of the Budget Director and the Controller General.

Section Section 1 of this Act includes a contingency of $200.0 in the Executive Department, Office of the Budget, One-Times and Contingencies (10-02-04) for West Nile Virus. With the approval of the Budget Director and the Controller General, all or part of these funds shall be transferred to state agencies to combat a potential outbreak of the West Nile Encephalitis Virus

Section Section 1 of this Act provides an appropriation to Office of the Budget, Contingency and One-Time Items (10-02-04). It is the intent that the appropriation for One-Time Appropriations in the amount of $8,811.4 shall be non-recurring expenditure items. The Budget Director shall transfer the appropriations as itemized to the departments. Each receiving department shall identify the line item, object code and, for all practical purposes, complete and separate accountability for each appropriation amount transferred. No appropriation shall be transferred without the Budget Director and the Controller General approvals. Any one-time appropriation for computer/word processing hardware, software and telecommunications, which contemplates the development of computer-related systems, shall be transferred into the line Computer One-Time Projects in Office of the Budget Administration (10-02-01). The expenditure of computer or computer related funds shall be subject to the restrictions of the Development Fund.

Further, it is the legislative intent that none of the appropriations for One-Time Appropriations be included, or be considered, as a part of the budget request for the FY 2002 Appropriation Bill.

Where applicable, the appropriations to Office of the Budget, Contingency, One-Time Appropriations (10-02-04), are subject to the following terms and conditions:

Fiscal Year Account

Appropriation Codes Remarks

Appropriation Codes Remarks  
(01-08-01 Legislative Stationery $70.0
(01-08-01) Phone System $80.6
(01-08-01) Furniture $11.0
(01-08-01) MIA Memorial on the Green $30.0
(01-08-02) Statewide Redistricting $75.0
(01-08-02) Computer Training $10.0
(02-03-10) Board of Canvass $30.0
(02-06-10) Office Furniture and Equipment for Clerks $12.4
(20-06-10) Electronic Cash Register for Collections $2.4
(02-08-10) Pro Se Program Center Supplies $9.6
(02-08-10) Pro Se Program Staff Attorney Furniture and Equipment $1.5
(02-08-10) Pro Se Program Attorney Computers $2.5
(02-08-10) Pro Se Program Center Audio Visual Equipment $1.2
(02-08-10) Pro Se Program Center Computers $5.6
(02-08-10) Court Security (Door Locks, Alarms, etc.) $27.6
(02-08-10) Court Security (CCTV) $20.9
(02-08-10) Court Security (Metal Detectors) $18.0
(02-08-10) Court Security (800 MHz Radios) $81.0
(02-13-10) Uniforms $2.4
(02-13-10) Weapons $2.8
(02-17-04) PC, Printer and Server Replacements $110.9
(02-17-04) Infrastructure Support Field and Help Desk Software $40.0
(02-17-04) Infrastructure Support Field and Help Desk Furniture $9.0
(02-17-04) Infrastructure Support Field and Help Desk Computers $21.0
(10-01-01) Computer Equipment $28.0
(10-02-01) Computer Equipment $7.5
(10-02-07) Sentencing Study $100.0
(10-02-07) RDBB Offset for Use of SAC FTE 27.2
(10-03-01) Computers and Software $18.0
(10-03-03) Fraun Hofer $200.0
(10-07-02) DELJIS Relocation $92.7
(12-02-01) Travel and Training Related to SAP Accounting System $35.4
(12-02-01) Peer Review, External Quality Control Review $15.0
(12-05-01) RFP 403(b) $30.0
(15-01-01) Computer Maintenance/Wiring for Kent County Space $40.0
(15-01-01) Office Equipment/furniture for Kent County Space $40.0
(15-02-01) Computer Upgrades $25.0
(15-02-01) Furniture and Equipment $19.0
(15-02-01) Network Upgrades (Rewire New and Existing Buildings) $10.0
(15-02-01) MPCJF Wiring (Fix Water Damaged Wiring) $4.0
(15-02-01) Computer Training (IT Staff) $18.0
(15-03-01) Computer Upgrades $6.0
(20-01-03) Heavy Equipment Purchase (Front-end Loader) $27.2
(20-01-03) Excavator $48.0
(20-01-03) Turf Utility Vehicles (3) $20.4
(20-01-03) Riding Mulch Mower $9.9
(20-01-03) Flat Bed Utility Vehicle $9.3
(20-03-01) Historical Markers $70.0
(20-03-01) Revolutionary War Marker $7.5
(20-03-01) Metal of Honor Grove $10.0
(20-06-04) Computer Upgrades for J-V Museum $14.0
(20-06-04) Truck and Equipment Replacements $48.0
(20-08-01) DE Libraries Centennial Celebrations $75.0
(30-05-10) Accessibility Survey $82.1
(30-06-10) Projector $3.5
(35-05-20) Office of Narcotics & Dangerous Drugs Vehicle $30.0
(35-05-20) Narcotics Vehicle $25.0
(35-12-10) Customer Service Training $50.0
(37-01-20) Truancy Bill $200.0
(37-05-30) Staff Development Supplies & Capital Items $5.0
(37-05-50) Probation Officers – Furniture & Equipment $15.0
(38-01-02) Office Furniture, Equipment and Computer Equipment for HR/EDC FTEs $9.0
(38-01-02) Ammunition for CEIT Classes $75.0
(38-01-02) Supplies for CEIT Classes $75.0
(38-01-10) Furniture and Computers for JIS FTEs for DACS Maintenance $9.0
(38-01-10) Replacement Computers $210.0
(38-01-20) Kitchen Start Up and Supplies for DCC Max $50.0
(38-01-20) Kitchen Start Up and Supplies for KWRC $20.0
(38-01-20) Kitchen Start Up and Supplies for Central VOP $10.0
(38-01-40) Vehicle for MPCJF CO/Maintenance Mechanics (Day-Shift) $17.5
(38-04-01) Security Equipment for Institutions $100.0
(38-04-03) AFIS – Finger Print Machine $75.0
(38-04-03) 3 Vans $70.0
(38-04-06) Furniture, Equipment and Computer for Correctional Counselor $4.5
(38-04-06) Computers for Record Clerk Positions $5.0
(38-04-06) Furniture and Equipment for Record Clerk Positions $22.5
(38-04-09) Radios for Prison Industries FTEs $1.6
(38-04-09) Sewing Machines $16.0
(38-06-02) Furniture, Equipment and Computer for Middletown Staff $9.0
(38-06-02) Start Up Costs for Middletown Office $50.0
(38-06-02) Furniture, Equipment and Computers for PO’s Apprehension Unit $31.5
(38-06-08) Furniture, Equipment and Computers for KWRC Staffing $31.5
(38-06-10) Furniture, Equipment and Computers for Central VOP Staff $31.5
(40-05-04) Moving Expenses $6.0
(40-05-04) Office Furniture $5.0
(40-06-02) 4-Wheel Drive Beach Patrol Vehicle for Cape Henlopen $30.0
(40-06-02) Killens Pond $30.0
(40-06-02) Bellevue – Golf Vehicles $17.2
(40-07-01) Dredging Study for the Inland Bays $25.0
(40-09-01) Debris Disposal Fund $250.0
(40-09-01) Debris Disposal Fund Supplies and Materials $17.1
(40-09-01) Debris Disposal Contractual $42.9
(40-09-03) Furniture and Equipment $12.0
(45-01-30) HB 427 – DEMA Assistance and Relief Fund $50.0
(45-01-30) Retrofit New Castle County Decon Trailer $28.0
(45-01-30) Retrofit Sussex County Decon Trailer $19.0
(45-02-10) Equipment and Uniforms for new Capitol Security Officers at CSOB $16.5
(45-02-10) Start Up Costs for Court Security $33.2
(45-06-01) New School Resource Officer Training Supplies $14.4
(45-06-01) Upgrade State Police Applicant Tracking System $8.0
(45-06-04) Computer Crime Unit Hardware $25.0
(45-06-04) New School Resource Officer Personnel Costs while in Academy $75.6
(45-06-05) Computer Crime Unit Hardware $33.0
(45-06-07) Replacement for Radars $52.0
(45-06-09) Replacement for Vests $50.8
(45-06-09) Replacement for Weapons: Handguns, Shotguns $57.2
(45-06-10) 800 MHz Radios for New School Resource Officers $16.4
(45-06-11) Patrol Vehicle Replacement $400.0
(45-06-11) Replacement for Front Seat Barriers $22.5
(45-07-10) Spanish Drivers Manual $10.0
(60-01-10) WIA Awareness/Marketing Campaign $6.5
(60-01-30) Additional Copies of Delaware Legal Handbook $5.5
(60-01-30) Public Forums and Workshops $35.0
(60-01-30) Release of Women in Delaware Status Report $2.5
(60-09-20) PC, Furniture and Telecommunications Equipment $5.0
(65-01-01) Replacement of Computer Server $35.0
(65-04-01) Blackbird Forest Storage Building $25.0
(65-04-01) Fire Fighting Equipment for Redden and Blackbird Forests $22.0
(70-01-01) FY 2001 Primaries and General Elections $329.3
(70-01-01) Hardware and Software for Reapportionment $60.0
(70-02-01) FY 2001 Primaries and General Elections $1,495.3
(70-02-01) Office Chairs $4.2
(70-02-01) 2000 Elections Fail-Safe Enhancement $48.0
(70-02-01) Satellite Office $30.0
(70-03-01) FY 2001 Primaries and General Elections $285.4
(70-03-01) Polling Place Rent Increase $5.1
(70-04-01) FY 2001 Primaries and General Elections $245.4
(70-04-01) Polling Place Rent Increase $5.0
(70-04-01) New Telephone System $11.5
(75-01-01) Radio Equipment for the New Castle County Office $20.0
(75-01-01) 10 Units for Pen Based Technology $50.0
(75-01-01) Smoke Detectors $10.0
(75-02-01) Combustive Gas Analysis Study $25.0
(75-02-01) Air Compressor $20.0
(75-03-01) EMT-B Training Reimbursement $160.5
(76-01-01) Upgrade PC Systems to Link to State Database $25.0
(76-01-01) Promotional Video $40.0
(77-01-01) Computer Upgrades $3.0
(90-01-02) Replacement of 1994 Field Vehicle $24.0
(90-01-02) Spacial Data Conversion $75.0
(90-04-02) Replacement of Broken Heat Pumps at Owens Campus $25.0
(90-04-04) Short-term MCI Projects at Stanton and Wilmington Campuses $50.0
(90-04-06) Space Conversion for Information Systems Division FTEs at Terry Campus $25.0
(95-01-01) Diploma Index Standard Setting $15.0
(95-01-01) School Library Resources $780.0
(95-01-01) Neighborhood Schools $250.0
(95-01-01) Summer School Committee $20.0
(95-01-01) National CCSSO Annual Conference $20.0
(95-01-01) State Board of Education Accountability Survey $40.0
(95-03-10) Diploma-at-a-Distance Computer Equipment $40.0
(95-03-20) ECAP Classroom Relocation/Renovation Costs $25.0
(95-08-01) Computer Equipment $1.7

Section Section 1 of this Act appropriates $71.0 to the Office of the Budget, Contingency and One-Time Items (10-02-04) for the Family Services Cabinet Council. These funds may be used by the Cabinet Council to continue development of interagency policy initiatives concerning children and families, including those that may be brought to its attention by the General Assembly:

1. Determine how to measure and report on the status of children and families to assist, evaluate and track state and county-wide services related to child and family well-being;

2. Determine how to use collected tracking information to inform decision-makers concerning policies affecting children and families in Delaware and to strengthen public action on behalf of children and families with the state;

3. Identify additional funds from federal and private sources to maximize the resources of the state to enhance the well-being of children and families;

4. Create an on-going forum and process to facilitate integrative, collaborative planning of programs and services for children and families within Delaware.

The Family Services Cabinet Council is authorized to receive and spend non-state and non-federal money for the purposes listed above. Any such funds received shall be set up in an account to be administered by the Office of the Budget.

The Cabinet Council is encouraged to use the Delaware Kids Count Project as a resource in the collection and analysis of data on children and family issues.

The Cabinet Council is encouraged to explore with the University of Delaware and Delaware State University to determine how these institutions can participate consistent with their land grant mission.

The Cabinet Council shall report quarterly to the Controller General on expenditure of funds in FY 2001.

Additionally, $21.0 of this appropriation shall be used to support the University of Delaware, Cooperative Extension newsletter series, Great Beginnings.

Section Section 1 of this Act provides one-time funding of $25.0 to the Office of the Budget Contingencies and One-Times for the Delaware High School Football Championship. These funds are to be used for the Championship games of both Division I and Division II to be held at the University of Delaware, Delaware Stadium. Another location, if agreed to by the Delaware State High School Football Tournament Committee, may be selected. If funds are not expended during Fiscal Year 2001 for Championship games held at the University of Delaware, the funds may be continued to Fiscal Year 2002 or until such time the University is the sight of the Championship games. Proceeds from these two events shall be used as necessary to cover the cost of holding these Championship games at the Delaware Stadium in subsequent years unless another location is agreed to.

Section Section 1 of this Act appropriates $1,244.8 to the Office of the Budget, Contingencies and One-times, Motor Fuel Tax operations (10-02-04). The purpose of this funding is to reimburse the Transportation Trust Fund of the Department of Transportation, Office of Financial Management and Budget (55-01-02) for the operating cost of Motor Fuel Tax.

Section Section 1 of the Act makes an appropriation of $100.0 to the State Budget Office, Statistical Analysis Center (10-02-07) for the purpose of conducting a comprehensive study of Delaware’s criminal justice system. The Sentencing Accountability Commission (SENTAC) shall submit a plan prior to researching the study to the Budget Director and the Controller General for approval. SENTAC shall submit a final report to the Office of the Controller General and the Budget Office by January 17, 2002.

Section Section 1 of this Act makes an appropriation of $50.0 in Appropriated Special Funds to the Criminal Justice Council (10-07-01) for SENTAC. These funds shall be used contractually for the Statistical Analysis Center (10-02-07) in order to provide an in-depth look at Level IV drug treatment programs. SENTAC, in conjunction with the Statistical Analysis Center, shall submit a plan prior to conducting the study to the Budget Director and the Controller General for approval. SENTAC shall submit a final report to the Office of the Controller General and the Budget Office by January 17, 2002.

Section Notwithstanding the provisions of any other law, for the fiscal year ending June 30, 2001 interest earnings of the Delaware Strategic Fund as provided for in Section 5027, Title 29 of the Delaware Code, shall be used in the following manner and not to exceed the amounts so noted:

(i) the first $350.0 shall be used for the general operating expenses of the Delaware Small Business Development Center.

(ii) the second $300.0 shall be used to continue the Delaware Business Marketing Program within the Delaware Economic Development Authority (10-03-03). It is the intent of the General Assembly that these funds shall be used to match non-state contributions to the Delaware Business Marketing Program. Receipt of non-state funds shall be deposited in a special fund for business marketing and recruitment purposes only. Expenditures of the program shall be divided between non-state contributions and the state matching funds such that non-state contributions are not less than one half of total expenditures. These funds shall not be used for hiring full-time employees. On or before April 1, 2001, the Director of the Delaware Economic Development Office shall provide to the Budget Director and the Controller General a report on the Delaware Business Marketing Program. The report shall include an itemized list of non-state funds received, total expenditures and an assessment of the performance of the program to date.

(iii) the third $100.0 shall be used for general operating expenses of the Working Capital Delaware Program (YWCA of New Castle County).

(iv) any remaining funds shall be used for the purposes of the Delaware Strategic Fund.

Section Section 1 of this Act appropriates $65.0 for Other Items to Delaware Economic Development Authority (10-03-03). Of this amount, $15.0 shall be allocated for the Delmarva Advisory Council.

Section The Delaware Economic Development Authority (10-03-01) will continue to use revenue from Blue Collar Training Fund for the Workforce Development Grant. Funding for this grant shall be maintained at current levels.

Section Amend Section 6102(b) Title 30, Chapter 61, Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

“(b) The proceeds of this tax shall be distributed as follows: Five percent to the State General Fund, one percent to the Beach Preservation Program of the Department of Natural Resources and Environmental Control of the State, one percent annually shall be designated, in the proportion in which collected, to the duly established convention and visitors bureau in each county and one percent to the Delaware Tourism Office.”

Section Of the Appropriated Special Funds allocated to the Delaware Tourism Office pursuant to Section 6102(b), Title 30, Chapter 61, Delaware Code contained in Section 1 of this act, $200.0 ASF shall be used to fund a matching grants program and $50.0 ASF shall be used to for a grant program where no match is required. Funds awarded as either grants or matching grants shall not be used for overhead or personnel related costs by the recipient entities. The Delaware Tourism Office, in cooperation with the Tourism Advisory Board shall develop rules and regulations for the application and award of the grants and matching grants. The Delaware Tourism Office shall provide the Controller General and Budget Director with a report by April 1, 2001 detailing the usage of the funds herein authorized. Said report shall also contain an assessment of the effectiveness of the programs in increasing tourism throughout the State.

Section Section 1 of this Act authorizes $27.0 ASF within the Delaware Tourism Office for the National High School Federation Wrestling Tournament. This is a one-time authorization for expenditure during Fiscal Year 2001.

Section Section 1 of this Act authorizes a one-time $50.0 ASF within the Delaware Tourism Office for the production of a book featuring Delaware Historical Markers for distribution by the Tourism Office. Notwithstanding any law to the contrary, the Delaware Public Archives, in consultation with the Tourism Office shall execute a contract for the production of 2,500 copies to be distributed as follows: 100 copies to the Speaker of the House of Representatives, 100 copies to the President Pro Tempore of the Senate and one copy to each incumbent legislator. The Tourism Office shall use the remaining copies for promotional purposes, which may include sale.

Section Section 1 of this Act authorizes $250.0 ASF within the Delaware Tourism Office for the Kalmar Nyckel. Said authorization is contingent upon the concurrence of the Board of Directors of the Riverfront Development Corporation.

Section Section 1 of this Act authorizes $5.0 ASF within the Delaware Tourism Office for the Juneteenth Celebration. This is a one-time authorization for expenditure during Fiscal Year 2001.

Section Section 1 of this Act appropriates $337.7 to the Office of State Personnel, Operations (10-04-02) for Generic Aides/Handicapped Employees. This appropriation is intended to encourage and enable qualified mentally and physically handicapped persons to obtain state employment in a State agency or school district per the provisions of Title 29, Chapter 59, Section 5924 of the Delaware Code.

Section Section 1 of this Act provides authorization for a Staff Development Officer to be funded with Appropriated Special Funds in the Office of State Personnel, Staff Development and Training (10-04-04). The position will support statewide training programs for state managers, supervisors and employees. It is the intent of this Act to support these statewide training programs, in part, with funds generated from the assessment of charges for courses on agencies participating in certain classes held by the Office of State Personnel. The Office of State Personnel may set charges for courses to sustain or create training programs with the funds placed in an Appropriated Special Fund account established by the Budget Director.

Section Section 1 of this Act provides an appropriation of 2.0 ASF FTEs and $84.7 ASF in the Office of State Personnel (10-04-00). The State Personnel Director shall be the appointing authority and the two ASF FTEs will be housed in the State Personnel Office. These positions shall be Personnel Officers who will work on personnel issues for the Department of Transportation. The source of funding shall be the Department of Transportation, Division of Administration (55-02-01).

Section For Fiscal Year 2001, the provisions of Title 29, Section 5905(b)(1), Delaware Code, shall be waived for any merit exempt employee on the PHRST project who is not covered by Merit Rule 6.0224, and the State Personnel Director shall have the same authority provided in Merit Rule 6.0224, in unusual circumstances and upon written request from the appointing authority, to authorize carrying over annual leave in excess of the maximum amount for PHRST project merit exempt employees.

Section The State Employees Pension Benefits Review Committee will continue to review the pension plan by using appropriate and accepted comparative analysis, including, but not limited to, the benefit structure of the various state pension systems for the purpose of evaluating current pension plan benefits and recommending changes.

The committee membership will consist of the Chairman and the Vice Chairman of the Legislative Joint Finance Committee, one member of the Senate appointed by the President Pro Tem, one member of the House of Representatives appointed by the Speaker, three members appointed by the Chairman of the Board of Pension Trustees, one member of the Pension Advisory Council, the Pension Administrator, the State Personnel Director, the Budget Director, and the Controller General.

The Budget Office, the Controller General's Office, and the Pension Office shall provide the committee with staff support and such other resources as the committee may require.

Section Whenever the annual valuation of the market value of the assets of the Special Pension Fund exceeds the actuarial value of benefits available to persons entitled to receive special pensions by a factor of at least 20 percent, the Board of Pension Trustees, in its sole discretion, may transfer the excess over 20 percent or any part of it to the State Employees Pension Fund for the benefit of that Fund.

Section Section 1 of this Act provides funding for a state employee pension rate of 7.44 percent. The components of the rate are approximately 1.67 percent for the pension liability, 3.44 percent for the retiree health insurance liability and 2.33 percent for the Post-Retirement Benefit Fund. The 1991 Early Retirement Option (ERO) accounts for approximately .71 percent of the pension liability and .55 percent of the retiree health insurance liability.

Section The Board of Pension Trustees may allocate the pension/health insurance monies received from the State during any month to ensure that funds are available to pay health insurance premiums for retirees in each month.

Section Notwithstanding Section 5502(a)(3), Title 29 of the Delaware Code, pension benefit payments during fiscal year 2001 to the incumbent in position number 038593 who retired effective 12/31/98, shall not be reduced for earned income in excess of the allowable limit.

Section The duties of the State Personnel Director shall include the administration and management of a statewide human resource information system and upon implementation, serve as the administrator of all data and processes supported by the system throughout the State, including all government agencies, school districts, Delaware State University and Delaware Technical and Community College.

Section The Delaware Health Care Commission (10-05-01) is hereby authorized to reimburse Commission members for mileage associated with Committee responsibilities.

Section The line item, Subvention, in Section 1 of this Act, Delaware Institute of Dental Education and Research (10-05-03), as provided by Title 14, Chapter 88, Delaware Code, provides for three dental internships and sufficient funds to contract with the Delaware Psychiatric Center to continue the Dental Internship Program. This program also will serve clients in the Community Mental Retardation Program.

Section Section 1 of this Act appropriates $1,832.5 to the Delaware Institute of Medical Education and Research (10-05-02). This amount shall be allocated as follows:

Jefferson Medical College $1,000.0

Philadelphia School of Osteopathic Medicine 62.5

University of Delaware 50.0

Medical Center of Delaware 200.0

Scholarships/Loans 420.0

Loan Repayment 100.0

$1,832.5

Any changes in this allocation must receive prior approval from the Budget Director and the Controller General.

Of the scholarship/loan allocation identified above, $400.0 is to be used to provide financial assistance in the form of loans for students attending Jefferson Medical College and $20.0 is to be used for students attending Philadelphia College of Osteopathic Medicine allocated by the DIMER Board. Beginning July 1, 1993, persons receiving loans who had not previously received loans shall be required to repay those loans. Persons who first received scholarships before July 1, 1993, may voluntarily elect to participate in the loan program. These loans shall be repaid under terms and conditions that will be set by the Delaware Higher Education Commission who shall be responsible for the record-keeping. Loan recipients may discharge their repayment obligation by agreeing to serve in Delaware providing primary care services, not including residency training, such as pediatrics, internal medicine, family medicine or obstetrics/gynecology. The service obligation shall be calculated so as to make equal the ratios represented by the loan to the annual tuition and the time of service to a calendar year. The loan repayment allocation of $100.0 shall be used to recruit physicians, either medical doctors or doctors of osteopathic medicine, to Delaware. Recruitment tools include, but are not limited to, loan repayments as approved by the Delaware Health Care Commission.

Section (a) Section 1 of this Act appropriates to the State Housing Authority (the "Authority") $7,252.1 for its discretionary operating expenses. Discretionary operating expenses include personnel costs, travel, contractual services, supplies and materials and other normal business expenses of the Authority which are not required to be made pursuant to bond resolutions, trust indentures, agreements with the Federal Department of Housing and Urban Development, or otherwise required by operating agreements of the Authority.

(b) Nothing herein shall be construed to require any prior approval for the Authority to meet its previously contracted obligations, including debt service requirements under bond resolution or trust indenture of the Authority, nor shall anything contained herein require any such prior approval for any expenditure by the Authority under any such bond resolution or trust indenture or under any agreement with the Federal Department of Housing and Urban Development.

Section Of the general funds appropriated in Section 1 of this Act to the Delaware State Housing Authority for the Housing Development Fund, $480.0 shall be loaned to The Ministry of Caring for the Sacred Heart Village Assisted Living project. The terms of said loan shall be at the discretion of the Housing Authority and in accordance with Subsection 4030(c), Title 31, Delaware Code.

Section The Delaware State Housing Authority is hereby authorized to use up to $325.0 of the interest income from the Housing Development Fund for the support of administrative functions associated with that fund.

Section Section 1 of this Act appropriates funding for a Senior Secretary in Criminal Justice Council (10-07-01) to be used as dedicated secretarial support for the Executive Director of the Domestic Violence Coordinating Council. This position shall be an exempt position and shall be excluded from classified service as defined under Title 29 Delaware Code, Section 5903.

Section The Statistical Analysis Center (10-02-07) is authorized a one-time expenditure of $4.2 from its Continuing Appropriation (99-10-02-07-01-98) in this Act for computer equipment replacement.

Section Amend Title 11, Delaware Code by adding thereto a new Chapter 89 within Part V Law Enforcement Administration as follows:

“CHAPTER 89. STATISTICAL ANALYSIS CENTER

§ Section 8901. Established; employees.

(a) There is hereby established the Statistical Analysis Center within the Office of the Budget. The Director of the Statistical Analysis Center shall be qualified by training, education or experience to carry out the mission of the Statistical Analysis Center and shall report to the Budget Director.

(b) The Director of the Statistical Analysis Center may employ such personnel as are necessary to carry out the functions of this chapter, subject to the approval of the Budget Director and within the limits of any appropriation made by the General Assembly. The staff of the Statistical Analysis Center is hereby placed under the authority of and is subject to the oversight and supervision of the Budget Director.

§ Section 8902. Mission.

The Statistical Analysis Center shall provide the State with a professional capability for objective, interpretive analysis of data relating to crime and criminal justice issues in order to improve the effectiveness of policy making, program development, planning, and reporting.

§ Section 8903. General powers and duties.

In pursuit of its mission, the Statistical Analysis Center shall have the following powers, duties and functions:

(1) Generate statistical and analytical products concerning crime and the criminal justice system in the State;

(2) Provide statistical and analytical services from available information upon request;

(3) Provide technical assistance in the identification of sources, collection, analysis, interpretation, and dissemination of criminal justice statistics to state and local governmental agencies;

(4) Identify, collect, analyze and disseminate statistics regarding the resources expended on criminal justice in the state;

(5) Promote the orderly development of criminal justice information and statistical systems within the state;

(6) Maintain a state level capability for providing state and local governments with access to federal resources in criminal justice statistical information in cooperation with the U.S. Department of Justice,

(7) Serve as the clearinghouse and point of contact for the U.S. Department of Justice and for state agencies, local government agencies, the courts, and appropriate non-governmental organizations;

(8) Direct or participate in the research design for the analysis of crime or criminal justice issues for the State; and

(9) Conduct research and provide analyses as required to determine the impact proposed policy changes may have on the criminal justice system.

§ Section 8904. Access to information and data.

The Statistical Analysis Center shall have full access to all information and data in any form, including computerized files and official records, to accomplish its research and analysis. All data referencing individuals shall be used only for research purposes and shall not in any way be shared or portrayed as to identify any individual so as to meet both state and federal security and privacy laws. It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report that may be requested by the Statistical Analysis Center.

§ Section 8905. Criminal justice agencies and courts to provide assistance.

It shall be the duty of all criminal justice agencies and courts of the State or any political subdivision thereof to provide such assistance as may reasonably be requested by the Statistical Analysis Center to carry out its mission under this chapter.”

Section An Implementation Committee for the Office of the Budget, Statistical Analysis Center (SAC), shall be established to review how SAC will carry out its mission and responsibilities under the administration of the Office of the Budget. The committee shall evaluate and make recommendations on the method of allocating resources; recurring project assignments; guidelines to establish procedures prioritizing ad hoc research report requests; guidelines for a peer review committee that would review research design, methodology, and statistical integrity of the analytical process; and other issues as needed. This committee shall consist of ten members as follows:

1. Budget Director or his designee;

2. Controller General or his designee;

3. Director of the Statistical Analysis Center;

4. Chair of the Criminal Justice Council;

5. Commissioner of the Department of Correction or his designee;

6. Secretary of the Department of Public Safety or his designee;

7. Secretary of the Department of Services for Children, Youth and Their Families or his designee;

8. One member to be designated by the Chief Justice of the Supreme Court;

9. One member of the Department of Justice, to be designated by the Attorney General; and

10. One member of the Office of the Public Defender, to be designated by the Public Defender.

The SAC Implementation Committee shall submit a report of its findings and recommendations to the Budget Director on or before December 31, 2000.

Section Section 1 of this Act includes 1.0 FTE in the Executive Department, Office of the Budget, Statistical Analysis Center (10-02-07) for the Director of the Statistical Analysis Center. This position shall be exempt from the Merit System until such time as the current incumbent vacates the position, at which time the position shall be classified by the Director of State Personnel in accordance with the Merit System, Title 29, Chapter 59, Delaware Code.

Section In an effort to manage the cost/benefit of professional services, the Office of Information Services is hereby authorized to implement a pilot project to utilize the services of Limited Term employees in lieu of contractual services. Requests, accompanied by an implementation plan and/or status report, from the Executive Director of the Office of Information Services for transfer of unexpended contractual services to personnel costs, for purposes of this pilot within the Office of Information Services, may be made upon approval of the Budget Director and the Controller General. OIS employees hired as Limited Term under this section shall be hired within the procedures of the Merit Rules and compensated at rates within salary ranges as specified in the Merit System and Merit Comparable Salary Schedules.

Section A Committee consisting of representatives from the Office of the Controller General, the Office of the Budget, the Governor’s Office, the Public Service Commission and the Office of Telecommunication Management within the Office of Information Services shall be formed to make recommendations regarding the State’s E911 System. These recommendations shall address funding for equipment, maintenance and operations, as well as operational and contractual issues. The Committee shall report its findings to the Governor, Controller General, Co-Chairs of the Joint Finance Committee and Budget Director by December 1, 2000.

OTHER ELECTIVE OFFICES

Section The Auditor of Accounts (12-02-00) is hereby directed to audit the state-funded portion of the finances of the University of Delaware as authorized by Title 14, Chapter 51, Section 5109, Delaware Code. The Contractor conducting the audit shall be selected jointly by the University of Delaware and the State Auditor.

Section Of the total positions authorized in Section 1 of this Act for the Auditor of Accounts (12-02-01), the position of Community Relations Officer shall be exempt from classified service.

Section Section 1 of this Act reflects for the Auditor of Accounts (12-02-01) sufficient state-match funding for federally-mandated audit services. If, during the first three months of any fiscal year, the State Auditor should experience a cash flow deficit in fulfillment of federal audit responsibilities, the Budget Director, upon the request of the State Auditor, shall attempt to advance sufficient funding from the Indirect Cost Account.

Section Section 1 of this Act provides the ASF appropriation for the Fraud Unit within the Insurance Commissioner’s Office (12-03-01). Merit positions hired for this unit may not be hired above 85 percent of the mid-point of the position’s paygrade without permission of the Office of State Personnel and the Office of the Budget.

Section Section 1 of this Act contains ASF position authorizations and associated appropriations for the Bureau of Examination, Rehabilitation and Guaranty within the Insurance Commissioner's Office (12-03-02). Said authorizations and appropriations include an authorization for 1.0 Director of Administration and 1.0 Arbitration Secretary, both of which shall be exempt.

Section The Office of State Treasurer (12-05-00) is authorized to establish and maintain a special fund (NSF) appropriation to be credited with stale check write-off amounts. Use of this account is limited to the processing of stale check reissues by the Office of the State Treasurer. On June 30 of each fiscal year, the unexpended stale check write-off balance in excess of $100.0 shall be credited to the General Fund. If during a fiscal year, there is an insufficient amount to process reissues, a revenue refund shall be made from the General Fund to the NSF appropriation.

Section Section 1 of this Act provides an ASF appropriation of $1,904.0 to the State Treasurer, Administration (12-05-01), Cash Management Policy Board, authorized by Title 29, Chapter 27, Delaware Code, for the purpose of providing staff support and operational expenses, including payment of fees for banking services. The $1,904.0 in interest income on bank deposits shall be coded as special fund revenue to provide funds for operation of the Cash Management Policy Board.

Section Section 1 of this Act authorizes $370.0 for Expense of Issuing Bonds in the Office of the State Treasurer, Debt Management (12-05-03), for payment of expenses relating to the issuance of State long-term debt. Disbursement from the Expense of Issuing Bonds fund shall not be made without the prior approval of the State Treasurer and the Secretary of Finance.

Section Section 1 of this Act establishes a special fund appropriation entitled Electronic Data Interchange, in the Office of the State Treasurer, Administration (12-05-01) Cash Management Policy Board to support the Electronic Data Interchange/Electronic Funds Transfer initiative. Use of these funds shall be coordinated with and approved by the Executive Director of the Office of Information Services and the Secretary of Finance.

Section Notwithstanding Section 6059, Title 29, Delaware Code, the program participants shall pay for all costs, excluding personnel, associated with the administration of the Deferred Compensation Program.

LEGAL

Section Section 1 of this Act authorizes an appropriation for contractual services for the Office of Attorney General (15-01-01). Of this amount, $773.6 shall be used for the purpose of providing services covering family violence in New Castle County, and $393.6 shall be used for the purpose of providing services covering family violence in Kent and Sussex counties.

Section Section 1 of this Act provides an appropriation of $564.5 in Appropriated Special Funds and 11.0 ASF positions to the Office of the Attorney General (15-01-01) to support the Securities Division. The Attorney General is authorized to collect and use revenues from the increased fees realized by Title 29, Subsection 2512; Title 6, Chapter 73, Delaware Code (Delaware Securities Act). Balances at the end of any fiscal year in excess of $100.0 collected from these fees shall be deposited into the General Fund.

Adjustments to Appropriated Special Fund spending authority for the Office of the Attorney General (15-01-01) can be made upon the concurrence and approval of the Budget Director and the Controller General.

Section Of the total Deputy Attorneys General authorized in Section 1 of this Act to the Office of Attorney General (15-01-01):

(a) Two shall be assigned to the Family Court for service in Kent and Sussex counties. Two additional Deputy Attorneys General shall be assigned to the Family Court in Kent and Sussex counties for the purpose of prosecuting juvenile misdemeanor cases;

(b) One special fund Deputy Attorney General shall be assigned to the Family Court to be used to increase the existing staff assigned to prosecute child support cases;

(c) Two special fund Deputy Attorneys General shall be assigned to the Family Court to enhance prosecution of domestic violence cases;

(d) One shall be exclusively dedicated to Labor Law Enforcement in the Department of Labor, Division of Industrial Affairs (60-07-01). The cost of this employee and all expenses associated with his/her employment shall be included in the annual tally per Title 19, Subsection 2392 (c) (1) of the Delaware Code and the semi-annual administrative assessment per Subsection 2392 (d) of the same Title;

(e) One half (.5) shall be assigned to the Foster Care Review Board;

(f) Three shall be assigned to provide legal representation as required to the Department of Correction;

(g) Two shall be assigned to the Domestic Violence Units serving Kent and Sussex counties, two Administrative Assistants shall also be assigned to these units;

(h) One shall be devoted exclusively to the handling of Office of State Personnel and other related personnel issues and is not intended to supplant existing Deputy Attorney General assignments in this area;

(i) The Attorney General shall provide legal assistance/representation as needed for the implementation of Title 6, Chapter 46, Delaware Code (Delaware Fair Housing Act) until funds in the "Special Administration Fund" are sufficiently available;

(j) The Attorney General shall provide 1.0 ASF Deputy Attorney General assigned to the State Lottery Office to assist the State Lottery Director in the implementation of Volume 69, Chapter 446, Laws of Delaware;

(k) The Attorney General shall assign 1.0 General Fund Deputy Attorney General to provide legal services to the Delaware Economic Development Office;

(l) One Special Fund Deputy Attorney General shall be assigned to provide legal representation to the boards and commissions under the Department of Administrative Services, Division of Professional Regulation. A second split-funded (.5 GF and .5 ASF) Deputy Attorney General shall be assigned to provide additional contract review, general legal services and legal counsel as needed for the Department of Administrative Services, Division of Professional Regulation;

(m) One split-funded (.5 NSF FTE and .5 GF FTE) Deputy Attorney General and 1.0 ASF FTE Deputy Attorney General shall be assigned to the Department of Services for Children, Youth and their Families, Division of Family Services to work on termination of parental rights, pursuit of custody, adoption and provide other legal advice and appearances related to the work done by this Division;

(n) One General Fund support staff position shall be assigned to augment the Special Fund positions assigned to Family Court in Kent and Sussex counties per the Juvenile Accountability Incentive Block Grant;

(o) Four split-funded (1.0 GF and 3.0 NSF) positions, one Deputy Attorney General, two Investigators, and one Secretary, shall be assigned to the Medicaid Fraud Unit to be used for investigating incidents of abuse and neglect in Delaware nursing homes;

(p) One Special Fund Deputy Attorney General IV shall be assigned to the Department of Services for Children, Youth and Their Families, Division of Family Services to work on termination of parental rights, pursuit of custody, adoption and provide other legal advice and appearances related to the work done by this division. Such work shall specifically include thoroughly preparing termination and temporary custody cases, in concert with division investigators and their supervisors, sufficiently before trial so as to ensure these cases are presented properly and effectively;

(q) One Special Fund Deputy Attorney General shall be assigned to the Drug Unit to handle forfeiture cases statewide. Said Deputy Attorney General position shall be funded from assets and/or proceeds from the disposition of seized property resulting from forfeitures;

(r) One Special Fund Deputy Attorney General and two Special Fund support staff shall be assigned to handle personal injury litigation involving state-owned vehicles; and

(s) One split-funded (0.5 ASF FTE and 0.5 GF FTE) Deputy Attorney General shall be assigned to the Department of Agriculture. Fifty percent of this position shall be assigned to work on issues related to nutrient management and shall be funded by General Funds; 50 percent of this position shall be assigned to work on issues related to the Thoroughbred Racing Commission and Harness Racing Commission, and shall be funded by Appropriated Special Funds.

(t) One Deputy Attorney General shall be assigned to the Delaware State Police.

(u) Section 1 of this Act appropriates two special fund positions (one Deputy Attorney General IV and one Paralegal) relating to the tobacco settlement; in an effort to supplement and enhance the on-going aggressive enforcement efforts by the Attorney General’s Office of Delaware’s Tobacco laws pertaining to youth access and to enforce the Master Settlement Agreement in an effort to prevent the loss of settlement dollars.

(v) The Attorney General shall submit a semi-annual report to the Budget Director and Controller General that details the number of Deputy Attorney General FTEs, the source of their funding and the divisions to which they are assigned. These reports are due on November 30 and May 15.

Section Section 1 of this Act makes an appropriation of $15.0 to the Office of the Attorney General (15-01-01) in Appropriated Special Funds to establish an Attorney General Opinion Fund. The Office of the Attorney General is authorized to publish and sell the opinions of the Attorney General; to deposit the proceeds of any sales in a special fund to be designated "Attorney General Opinion Fund"; and to expend all monies deposited in such fund for any expense connected with the publishing or sale of opinions of the Attorney General. Copies of the published opinions will be distributed at no cost to the General Assembly, the Governor and state agencies. If at the end of the fiscal year, the amount deposited in this fund exceeds $15.0, the amount exceeding $15.0 shall be deposited into the General Fund.

Section Section 1 of this Act makes an appropriation of $852.3 Appropriated Special Funds, $400.0 General Funds and 22.0 positions, split-funded 66 percent Appropriated Special Funds and 34 percent General Funds to the Office of the Attorney General to support the Child Support Enforcement function. The Child Support Enforcement function in the Attorney General's Office will operate on a reimbursement basis, wherein the State makes the initial expenditures and is reimbursed from federal funds controlled by the Department of Health and Social Services. The reimbursement rate for operations will be 66 percent of total direct costs; the reimbursement rate for indirect costs will be 25 percent of federal dollars spent on direct salary costs.

Notwithstanding the provisions of Title 29, Chapter 64, Subsection 6404 (h)(1)(2)(3), of the Delaware Code, the Attorney General's Office shall be allowed to retain the federal reimbursement of direct costs in an Appropriated Special Funds account to pay the Appropriated Special Funds share of operating expenses associated with the Child Support function.

The Attorney General's Office shall also be allowed to retain up to a maximum of $30.0 of the departmental portion of indirect cost recoveries for this function to support the agency's overhead and $16.3 to be applied to the state's share for four clerical positions. The statewide portion of indirect cost recoveries will be deposited to the indirect cost account in the Budget Office. The remainder of the indirect cost recoveries and any unused portion of indirect cost funds in the Attorney General's Office will be deposited into a separate account in the Office of the Treasurer, to be established by the Budget Office, and retained to be used to support the General Fund portion of the budget for this function in subsequent years.

Adjustments to Appropriated Special Fund spending authority for the Office of the Attorney General (15-01-01) can be made upon the concurrence and approval of the Budget Director and the Controller General.

Section Notwithstanding any other laws to the contrary, including, but not limited to, Part VI of Title 29, Delaware Code, the Attorney General is authorized to enter into a contract for the production, distribution and marketing of the video entitled “Crossing the Line” on such terms and conditions as the Attorney General deems appropriate. All revenues received by the Attorney General from such contract shall be deposited in a Non-Appropriated Special Fund. Revenues received and deposited into such NSF account shall be used for the purpose of reproducing, marketing, and distributing copies of this film.

Section Section 1 of this Act appropriates $35.0 in personnel costs and 1.0 General Fund position to the Office of the Attorney General (15-01-01) for a Social Worker position, currently funded by an expiring federal grant, that assists elderly and juvenile victims of crime. Upon the expiration of the grant, the existing 1.0 Non-appropriated Special Fund position will be converted into a General Fund position.

Section Section 1 of this Act appropriates funding in personnel costs to the Office of the Attorney General (15-01-01) to be used to pay for the salary matrix in the Department of Justice as approved by the Joint Finance Committee, notwithstanding Chapters 5.000 and 6.000 of the Merit Rules. This salary matrix is intended to maintain the salaries of Deputy Attorneys General at competitive rates. Deputy Attorneys General who were eligible for a salary increase greater than 15 percent in Fiscal Year 2000 shall be provided with the additional increase during Fiscal Year 2001. A committee consisting of the Attorney General, the State Personnel Director, the Budget Director and the Controller General will bi-annually review the Department of Justice Salary Plan.

Section Section 1 of this Act appropriates $276.4 in personnel costs and 6.0 FTEs to the Public Defender (15-02-01) positions dedicated to the Videophone Project, currently funded by an expiring federal grant. Upon the expiration of the grant, the existing 6.0 NSF FTEs positions will be converted into General Fund positions.

Section Section 1 of this Act appropriates $271.5 in the Office of the Budget Contingency and One-Time Items. These funds shall be used to implement a salary matrix in the Public Defender’s Office as approved by the Joint Finance Committee, notwithstanding Chapters 5.000 and 6.000 of the Merit Rules.

The salary matrix and promotional criteria shall be distributed to all eligible Public Defenders on July 3, 2000. Public Defenders shall receive an increase to the new entry-level salary of the matrix or the salary increase provided for in Section 8(d)(1) of this Act, whichever is greater, effective July 1, 2000.

A review committee shall be made up of 2 representatives from the Public Defender’s Office and 3 representatives from the State Personnel Office. This committee shall determine the initial employee distribution throughout the salary matrix based on documentation provided by the employee. In the event that an employee does not agree with their initial placement, the employee may appeal via an interview and final determination shall be made by the review committee. This decision shall not be subject to further appeal.

Public Defenders shall be considered for promotional increases, effective October 1, 2000, based on the approved salary matrix. Salary increases shall not exceed 15 percent of an employee’s salary as of June 30, 2000. In the event that an employee is eligible for an increase greater than 15 percent, the difference shall be provided in the subsequent fiscal year. Additional increases due to promotional raises shall be provided in the subsequent fiscal year. The State Personnel Director and the Public Defender shall provide a written assessment of the program to the Budget Director and the Controller General by February 1, 2001. Thereafter, a committee consisting of the Public Defender, the State Personnel Director, the Budget Director and the Controller General will periodically review the Public Defender salary plan.

STATE

Section Section 1 of this Act appropriates $330.1 ASF and 1.0 ASF Information Resources Specialist to Office of the Secretary, Administration (20-01-01). This position and funds shall be dedicated to public information access programs in conjunction with the Government Information Center. This position shall serve as a resource for state and local governments in facilitating access to public information through the effective utilization and coordination of information technology media. The activities of this position may include, but are not limited to web page design and the development of best practices in information dissemination. The Department shall report to the Budget Director and Controller General by April 1, 2001, as to the activities and accomplishments of this effort.

Section Section 1 of this Act provides an appropriation to Office of the Budget, Contingency and One-time Items (10-02-04). Of that amount, $10.0 shall be used for the Medal of Honor Grove at Valley Forge. These funds shall be used for repairs and improvements for the Memorial honoring Delaware Medal of Honor recipients. The Secretary of State shall oversee this project with State dollars not being expended until matching funds are available from private and other sources.

Section Section 1 of this Act appropriates $25.0 in the line item “Historical Marker Maintenance” to the Department of State, Division of Delaware Public Archives (20-03-01). Of this amount, $10.0 shall be used for replacement, $10.0 used for repair and refurbishing and $5.0 for contractual assistance.

Section Section 1 of this Act provides an appropriation to Office of the budget, Contingency and One-time Items (10-02-04). Of this amount, $7.5 shall be used for Revolutionary War Markers for Delaware troops. This will fund approximately 8 markers.

Section Section 1 of this Act provides an appropriation to the Department of State, Office of the Secretary, Delaware Commission on Veteran's Affairs (20-01-02) for contractual services. Of that amount, $49.9 shall be used to provide mental health services for veterans in Kent and Sussex counties.

Section Section 1 of this Act establishes a special fund appropriation entitled Technology Infrastructure Fund, in the Division of Corporations (20-05-01). All revenues derived as a result of 69 Laws of Delaware, Chapter 52, will be deposited into this fund to be used for technological and infrastructure enhancements, ongoing maintenance, operational expenses for the Division of Corporations, and for electronic commerce initiatives. Quarterly reports regarding the status of this fund shall be made by the Department of State to the Budget Director and the Controller General.

Section Amend Section 2311, Title 29, Delaware Code by striking subsection (e) in its entirety and substituting in lieu thereof the following:

(e) “The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2000 shall be $1,300,000.00 and any amount in excess thereof shall be transferred to the General Fund of the State. The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2001 and any subsequent fiscal year thereafter shall be $1,000,000.00 and any amount in excess thereof shall be transferred to the General Fund of the State.”

Section Section 1 of this Act provides an appropriation to the Department of State, Division of Historical and Cultural Affairs, Office of Administration (20-06-01) for "Delaware Heritage Commission". Of that amount, $15.0 shall be used at the discretion of the Delaware Heritage Commission for scholar awards, challenge grants and publications.

Section Pursuant to Title 29, Delaware Code, Section 5903(4), the position of Director of the Delaware Heritage Commission (20-06-01) shall be exempt from the Merit System.

Section The Delaware Heritage Commission shall investigate which out of print books and writings on Delaware history should be considered for republication. Further, the Delaware Heritage Commission shall investigate what writings in these categories would be valuable for republication. A report shall be made to the Controller General and Budget Director by December 1, 2000.

Section Section 1 of this Act provides a special fund appropriation to the Department of State, Division of Historical & Cultural Affairs for conference center operations. The department is hereby authorized to retain revenue received from land and building rentals at Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickinson Plantation and the Meeting House Galleries to support these operations.

Section Notwithstanding the provisions of Title 29, Delaware Code, Section 6102 (a), and Title 5, Delaware Code, Section 1106, the Office of the State Bank Commissioner is authorized to retain $100.0 of the Bank Franchise Tax for costs associated with the collection and administration of the Bank Franchise Tax.

Section Section 1 of this Act makes an appropriation to the Division of Libraries in the amount of $2,121.6 for Library Standards. Of that amount, the Division of Libraries may reserve up to $212.1 for planning and evaluation grants to determine each library’s attainment of state and federal library standards. The remaining funds shall be paid to libraries in two installments equal to 50 percent of the total amount allocated to that library, one installment upon signature of the contract and the second installment in January of the fiscal year. Funds granted to any library under the provisions of Title 29, Chapter 66, Delaware Code, if unspent at the end of the fiscal year shall not revert to the General Fund, but instead shall be held in an account for the benefit of the library from which the unspent funds came. These funds may be spent in subsequent years for purposes described in Title 29, Chapter 66, Delaware Code. The use of such carryover funds shall not be used as part of any subsequent years' formula payment.

FINANCE

Section The Department of Finance, Office of the Secretary, is authorized during Fiscal Year 2001 to maintain special funds with the State Treasurer for the acquisition of technology and payment of other costs incidental to the implementation and maintenance of computer systems at the Department of Finance. Deposits to the special funds shall be from the collection of delinquent taxes and shall not exceed $2,400.0. Of this amount, $700.0 shall be used for the purpose of maintaining the Division of Revenue’s mainframe computer system and the programs that reside thereon, the provisions of Subchapter IV or Chapter 63 of Title 29, Section 6301 et seq. of the Delaware Code notwithstanding. Of the said $700.0, $130.0 shall be used to contract for system maintenance with the Office of Information Services.

Section The Division of Revenue is authorized to establish and maintain a special fund with the State Treasurer for the purposes of contracting for the collection of delinquent State taxes and other debts that the Division of Revenue has undertaken to collect. The contracts may provide for either or both: (a) collection or assistance in collection of delinquent accounts from businesses or persons; (b) audit of business taxables under the direct supervision of the Division of Revenue management; or (c) audit of physical inventory of alcoholic beverage wholesalers. Deposits to the special fund shall be from the collection of delinquent taxes under such contracts. A detailed report on all expenditures from and collections to this special fund shall be sent annually to the Budget Director and the Controller General. Unencumbered balances on June 30 in excess of $150.0 shall revert to the General Fund.

Section The Director of the Division of Revenue shall have the authority to accept, on whatever terms and conditions he/she may establish, payment by credit card of taxes, fees and other obligations which the Division of Revenue has undertaken to collect. The Director is authorized to enter into contracts for the processing of credit card payments and fees associated with such contracts. Up to $80.0 of the delinquent collections in the Appropriated Special Fund line may be used to pay for fees and expenses associated with the collection of taxes by credit cards.

Section The Director of the Division of Revenue shall have the authority to enter into agreements according to which contingency and other fees are provided to finders of property to be escheated to the State or to other persons identifying abandoned property by means of audit or otherwise. When the Director deems it to be appropriate, he/she may enter into escrow, custodian, or similar agreements for the purpose of protecting the state's interest in property to be escheated or fees payable pursuant to the aforesaid agreements. The Director may direct that payment for said fees or other costs incident to escheat of property under the aforesaid agreements, including litigation expenses incident to escheat administration be made out of such money held in the escrow, custodian or other account established under this paragraph. No account shall be used to pay for employees of the Division of Revenue. Section 1 of this Act establishes an Appropriated Special Fund account "Escheat" from which charges relating to receiving and processing remittances and reports by holders, and claims by owners of abandoned property, as well as advertising and travel fees and associated costs may be paid and into which abandoned property remittances may, at the discretion of the Director, be deposited. Unencumbered balances on June 30, in excess of $75.0, shall revert to the General Fund. A semi-annual report of amounts in escrow or custodian accounts shall be furnished to the Budget Director and the Controller General.

Section The Division of Revenue is authorized to require payment of fees for issuance of certificates or other documents reflecting the status of taxes, if any, owed by the taxpayer requesting such certificate. In addition, the division is authorized to specify payment of fees for collection of debts owed to claimant agencies. Payment of these fees shall be deemed to reduce the contractual services expenditures of the division and shall be recorded as expenditure-reducing items.

Section Pursuant to Section 4815 (b) (2), Title 29 of the Delaware Code, funds from the State Lottery Fund shall be released to an appropriately established account within the Division of Alcoholism, Drug Abuse and Mental Health on or before the fifteenth day of each month, the amount of which shall be determined based on the results of video lottery operations conducted during the immediately preceding month.

Section (a) In the event that the State Lottery’s amount of contractual services shall exceed the amount in Section 1 of this Act due to increased lottery ticket sales, the Appropriated Special Fund Budget in Section 1 of this Act may be amended by the Secretary of Finance, the Controller General and the Budget Director; provided that the total operating budget for this fiscal year shall not exceed 20 percent of gross sales as limited by Title 29, Section 4815(a) of the Delaware Code.

(b) In the event the State Lottery’s amount of contractual services shall exceed the amount in Section 1 of this Act due to increased video lottery net proceeds, the Appropriated Special Funds Budget in Section 1 of this Act may be amended by the Secretary of Finance, the Controller General and the Budget Director, as limited by Title 29, Section 4815(b) of the Delaware Code.

ADMINISTRATIVE SERVICES

Section During Fiscal Year 2001, notwithstanding the provisions of Section 5915, Title 29 of the Delaware Code, the Merit Employee Relations Board shall hear all maintenance review classification appeals before it in chronological order, beginning with the oldest such appeal unless all parties are in agreement with other such arrangements.

Section Section 1 of this Act appropriates contractual services to Office of Disability Affairs (30-01-20). Of this amount, $20.0 shall be used to offset reductions in the Partners in Policymaking Program.

Section Upon receipt of information from the DMA (Delaware Manicurist Alliance), the Board of Barbering and Cosmetology shall publish a newsletter periodically to its members containing pertinent materials relative to nail technology.

Section All acquisition of copiers in state buildings which are managed by the Division of Facilities Management (30-05-00), Department of Administrative Services (30-00-00), must have the approval of the Secretary of Administrative Services.

Section Notwithstanding the provisions of Title 29, Subsection 8806(e) of the Delaware Code, funds generated by Delaware Surplus Services and deemed to be surplus by the Secretary of Administrative Services, shall be transferred to the Division of Facilities Management (30-05-10) by the Budget Office for the maintenance and restoration of state buildings and grounds maintained by the Department of Administrative Services.

Section During Fiscal Year 2001, the Department of Administrative Services, Division of Facilities Management (30-05-10), shall retain the rental fees as Appropriated Special Funds for the buildings known as the Daniel L. Herrmann Courthouse and the Sussex County Courthouse. The retained portion must be deposited as per state laws and shall be disbursed per Section 1 of this Act.

Section For energy backcharge purposes, the Department of Administrative Services (host department) Fiscal?Year?2001 Energy Budget assumes that Motor Fuel Tax uses ten percent of the new Public Safety Building, for which energy payment is the responsibility of the host department. The Department of Transportation is responsible for paying the Motor Fuel Tax portion of the energy bills upon request for payment by the host department.

Section (a) Section 1 of this Act appropriates $10,820.8 and $1,900.0 ASF to the Department of Administrative Services, Facilities Management (30-05-10). These funds shall be expended for minor capital improvements and equipment on behalf of the following state agencies and shall not be subject to reversion or deauthorization until June 30, 2003:

Agency General Fund Special Fund

Judicial $ 250.0

Department of State 522.3

Department of Administrative Services 4,147.0

Department of Administrative Services (Asbestos/UST) 709.0

Department of Health and Social Services 2,427.0

DHSS – Long Term Care Facilities/Tobacco Settlement Funds $1,900.0

Department of Services for Children, Youth and Their Families 382.0

Department of Correction 2,000.0

Department of Public Safety 139.8

Delaware National Guard 243.3

(b) The Secretary of the Department of Administrative Services shall work in concert with the State Court Administrator in the Administrative Office of the Courts, Office of the State Court Administrator to prioritize projects and ensure completion of necessary renovations and equipment acquisitions within the court system.

Section Notwithstanding the provisions of Section 5117, Title 29, Delaware Code, state agencies may pay for employee parking in the Government Center Parking Garage as long as such payments are continuances of payments made prior to May 31, 1998. Such payments shall cease when the employee leaves the positions he or she occupied prior to May 31,?1998.

Section Personnel in the Department of Administrative Services, Division of Facilities Management who respond to weather related emergencies, and are not covered under FLSA, shall be entitled to receive compensation at their straight time rate of pay for all overtime services performed beyond the normal work week. The method of compensation is subject to the availability of funds and/or the operational needs of the Department of Administrative Services, Division of Facilities Management.

Section Section 1 of this Act appropriates $800.0 to the Department of Administrative Services, Facilities Management (30-05-10). These funds for state agency underground storage tanks shall not be subject to reversion until June 30, 2003.

Section Section 1 of this Act provides an appropriation of $3,486.0 in contractual services and $502.6 in supplies and materials to the Division of Facilities Management (30-05-00). Of these amounts, $92.2 and $10.2, respectively, are for the operation and maintenance of the Kent County Courthouse. The purchase of the Kent County Courthouse is planned for Fiscal Year 2001. Should such purchase not occur, the Budget Director and the Controller General are authorized to transfer said funds to the Office of the Budget, Contingencies and One-Time Items (10-02-04) for Salary Contingency.

Section Effective January 2, 2001, all office and reception space on the eleventh floor of the Carvel State Office Building shall be allocated between the Judiciary and the General Assembly as follows:

The Judiciary may occupy the same square footage and space occupied by the Judiciary as of July 1, 2000. The remaining space on the eleventh floor shall be allocated to the Delaware General Assembly divided equally between the House and the Senate.

The Department of Administrative Services shall provide necessary assistance in relocating those other agencies currently occupying space on the eleventh floor.

HEALTH AND SOCIAL SERVICES

Section Section 1 of this Act includes a NSF appropriation within the Division of Social Services (35-07-00) of $32,291.0. It is anticipated that this sum shall be spent as follows: Cash Assistance, $20,000.0; Emergency Assistance, $595.0; Employment and Training, $5,296.0; Administrative and Other Costs, $6,400.0.

Section Results of investigations conducted by the Audit and Recovery Management Services concerning any and all public welfare programs administered by the Department of Health and Social Services that indicate possible error or fraud shall be transmitted to the Office of the Attorney General directly by the Secretary of the Department of Health and Social Services without approval by any other authority. The Office of the Attorney General shall prosecute those cases deemed actionable and return the rest to the Department of Health and Social Services for collection of overpayment. The Secretary of the Department of Health and Social Services shall file a quarterly report directly with the Budget Director, the Controller General, the Director of Research of Legislative Council, members of the Joint Finance Committee, and the Chairmen of the House and Senate Committees on Health and Social Services by the last day of the next month after the end of a quarter, which report shall not be subject to prior review by any other authority.

Section Notwithstanding any other provisions of the Delaware Code, the merit position Nursing Home Director I, Governor Bacon Health Center (B.P. #4554) shall become exempt at such time as the current incumbent vacates such position:

When this position becomes vacant, the State Personnel Director shall take the appropriate steps to carry out the provisions of this section.

Section (a) The amount appropriated by Section 1 of this Act to the Department of Health and Social Services for Title XIX Federal Programs (Medicaid) - Other Than State Institutions shall be expended solely in accordance with the following conditions and limitations:

(i) This appropriation shall be used for the purpose of continuing the program of medical assistance provided within the state plan under Title XIX of the Social Security Act and the requirement of Section 121(a) of P.L. 89-97 and all subsequent amendments enacted by the Congress of the United States and commonly known as Title XIX of the Social Security Act;

(ii) The state plan of medical care to be carried out by the Department of Health and Social Services shall meet the requirement for Federal Financial Participation under the aforementioned Title XIX, and the sums expended by the Department pursuant to this Act shall be limited to:

(1) Services mandated by the Health Care Financing Administration (HCFA), including:

>a) Acute care inpatient general hospital services (other than services in institutions for tuberculosis or mental diseases)

b) Outpatient hospital services

c) Rural health clinic services and federally-qualified health center services

d) Laboratory and X-ray services

e) Nursing facility (NF) services

f) Early and periodic screening, diagnosis and treatment (including routine eye care, dental services and other medically necessary services that are not covered for the general population) for individuals under age 21 only known as EPSDT

g) Family planning services (including voluntary sterilization)

h) Physician services

i) Home health services including assistive technology such as durable medical equipment and supplies, prosthetics and orthotics, PT, OT and speech and hearing services

j) Nurse-midwife services

k) Services furnished by a certified nurse practitioner

l) Transportation

m) Medicare premiums and/or coinsurance and deductible amounts as mandated for dual Medicare/Medicaid eligibles, Qualified Medicare Beneficiaries, Specified Low Income Beneficiaries, and individuals qualified under Section 4732 of the Balanced Budget Act of 1997

n) Additional services mandated by HCFA through future revisions to the Social Security Act

(2) Optional services, including:

a) Podiatry services

b) Clinic services, including mental health clinics, ambulatory surgical centers (ASCs) or free-standing surgical centers (FSSCs) and rehabilitation facilities.

c) Pharmaceutical products

d) Services for individuals age 65 or older in institution for mental diseases (ICF/IMDs)

e) Institutional services for the mentally retarded (ICF/MRs)

f) Emergency hospital sites not approved by Medicare (for clients traveling out-of-state)

g) Private duty nursing

h) Non-traditional services provided under a federally approved waiver for maintaining individuals in the community as an alternative to institutionalization

i) Hospice services

j) Rehabilitation and specialty hospital services

k) Other medically necessary services that are funded by the State

(3) To the following groups/individuals who are determined eligible under the Title XIX Program:

a) Pregnant women, and infants under the age of one, with family income up to 200 percent of the poverty limit;

b) Children up to age 6 (through age 5) with family income up to 133 percent of the poverty limit;

c) Children up to age 19 (through age 18) with family income up to 100 percent of the poverty level;

d) Pregnant teens;

e) Children whose families, sponsors or foster parents receive benefits under Title IV-E and IV-D of the Social Security Act and/or who meet Medicaid income and resource requirements;

f) Foster children and children in private facilities (under age 21) for whom a public agency is assuming full or partial financial responsibility;

g) Children (under age 21) for whom any Division within the Department of Services for Children, Youth and Their Families has custody or consent to place, who have been removed from their own home, and who are in a medical facility for a temporary planning period prior to placement;

h) Children under age 18 who receive General Assistance (GA);

i) Federal or State-funded adoption assistance children;

j) Infants placed with private agencies for adoption;

k) Children age 18 or under who require an institutional level of care, who qualify as blind or disabled, and who have personal income and resource below the limit for Supplemental Security Income (SSI), but who can be cared for safely and cost-effectively at home, may be covered;

l) Families who would have qualified for the following groups which have been replaced with Temporary Assistance for Needy Families (TANF) program effective March 10, 1997;

m) Cash assistance recipients;

n) Cash assistance applicants with a budgeted need of less than $10;

o) Work Transition/Prospective - including:

1. Families who lose eligibility for cash assistance due to new or increased earnings remained eligible for Medicaid for up to 24 additional months, or

2. Families who lose eligibility for cash assistance due to new or increased income from child support remain eligible for Medicaid for four additional months.

p) Income Deeming Eligibles - When income deemed from a step-parent, grandparent, sibling or the sponsor of an alien makes an individual ineligible for cash benefits, Medicaid determines eligibility excluding that deemed income;

q) Individuals who are categorically related to the Supplemental Security Income (SSI) program, including:

1) SSI Beneficiaries,

2) Recipients of Mandatory State Supplement Payments,

3) Recipients of Optional State Supplement Payments,

4) Deemed SSI Clients due to:

• Loss of SSI due to an increase in Social Security benefits,

• Disabled individual's loss of SSI due to employment,

• Disabled Widows and Widowers, or

• Adult Disabled Children.

r) Qualified Medicare Beneficiaries (QMBs);

s) Qualified Working Individuals (QDWIs);

t) Specified Low Income Medicare Beneficiaries (SLIMBs);

u) Institutionalized Individuals with incomes at or below a percentage of the SSI standard as specified by the legislature (250 percent in 1997);

v) Waivered individuals for home and community-based services as an alternative to institutionalization at the same percentage of SSI specified in subsection u above, including

1) Mentally Retarded,

2) AIDS/HIV, or

3) Elderly and Disabled.

w) Adults with incomes less than or equal to 100 percent of the Federal Poverty Level if enrolled in a managed care organization.

(b) The amount appropriated by Section 1 of this Act to the Department of Health and Social Services for Title?XIX?- State Institutions shall be expended solely in accordance with the following conditions and limitations:

(i) Such appropriation shall be expended for the purpose of providing medical services to patients eligible under the Federal Title XIX Medicaid Program residing in various facilities of, or under the jurisdiction of, the Department of Health and Social Services;

(c) Funds appropriated by Section 1 of this Act for Title XIX OTSI or State Institutions may be expended by the Department of Health and Social Services for administrative costs involved in carrying out the purpose of this Section if approved by the Budget Director.

The funds hereby appropriated for Title XIX OTSI or State Institutions shall be expended only on condition that the program is approved and federal matching funds are provided by the appropriate federal agency.

Section The Division of Public Health (35-05-00) currently operates the following programs for which a fee for service is charged to cover the cost of the program:

Child Health

Vanity Birth Certificate

Public Water

Medicaid Enhancements

Infant Mortality

Medicaid Aids Waiver

Children with Special Needs

Family Planning

Newborn

Indirect Costs

Vaccines

Food Inspection

Medicaid Contractors/Lab Testing and Analysis

Tuberculosis (TB)

Sexually Transmitted Diseases (STD)

Child Development Watch

Preschool Diagnostic and Development Nursery (PDDN)

Home Visits

Food Permit

Water Operator Certification

Long Term Care Prospective Payment

Long Term Care IV Therapy

Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and expend fees from the aforementioned accounts, except as noted below. Corresponding Appropriated Special Fund spending authority has been provided in Section 1 of this Act.

The Children with Special Needs and Child Health programs shall continue to deposit 30 percent of program collections to the General Fund.

Section The sum of $170.0 is hereby advanced from the General Fund of the State to the Management Services IPU (35-01-20), in order that the Public Welfare Revolving Fund emergency checks can be paid on a timely basis and without interruption.

Section Section 1 of this Act includes an appropriation to the Department of Health and Social Services, Division of Public Health, Director's Office/Support Services (35-05-10) for contractual services. Of that amount, $446.4 shall be used for the purpose of providing school nursing services five days a week to non-public schools in New Castle County and Kent County.

The Secretary of the Department of Health and Social Services will ensure that the contracts with the various schools in this program are executed no later than August 15 of each year. The Secretary will also ensure that timely payments are made to all contractors.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Public Health, Community Health (35-05-20), in the line item, "Office of Narcotics and Dangerous Drugs", in the amount of $40.0. This amount shall be used at the discretion of the Drug Control Administrator and shall not be utilized for normal operating budget items attributed to the Office of Narcotics and Dangerous Drugs.

Section Section 1 of this Act includes an appropriation for the Department of Health & Social Services, Division of Public Health, Community Health (35-05-20). Of that amount, $22.0 shall be used to fund 1.0 GF position for a Senior Secretary for the Radiation Authority.

Further, Section 1 of the Act includes an appropriated special fund appropriation (ASF) to this IPU (35-05-20) for “Indirect Costs”. Of that amount, $100.0 ASF shall be used to publish and distribute Rules and Regulations of the Radiation Authority.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20), for contractual services. Of that amount, $84.0 shall be available for medicine, equipment and part-time nursing services for a community-based adult health services clinic serving the Claymont area of New Castle County.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) for contractual services. Of that amount, $65.0 shall be used to contract for mammography screening. These services shall be provided by the mobile mammography van. In addition to the above General Funds, $19.0 shall be made available from the Preventive Health and Health Services Block Grant or other federal funds.

Section Section 1 of this Act provides an appropriation of $120.0 to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) to provide vaccinations to individuals who are members of volunteer ambulance companies or volunteer fire companies acting as “first responders” in the State of Delaware. The Division of Public Health shall purchase vaccine and administer or contract vaccine at local fire stations or other sites mutually agreed upon by the fire companies and the Division of Public Health. No such vaccinations shall be furnished until after certification by the volunteer fire or ambulance company on a form provided by the Division of Public Health, indicating that the person for whom the vaccination is desired, is a member in good standing of a volunteer ambulance or volunteer fire company in the State of Delaware. A record of the names and addresses of all persons immunized shall be maintained by the Division of Public Health. To insure the success of this program, the Division of Public Health and representatives of the Delaware Volunteer Firemen’s Association shall work collaboratively in the best interests of all parties. The Division of Public Health may promulgate reasonable rules and regulations regarding the vaccination of volunteer firemen and individuals who volunteer for ambulance companies. If resources allow, after the needs of the volunteer community have been met, similar assistance may be offered to other fire and ambulance companies such as the Wilmington City fire company. Such funds, as are necessary from this fund, may also be spent to provide any required post vaccination antibody testing in order to assure adequate protection has been achieved.

Section Section 1 of this Act provides an appropriation for the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) to provide hepatitis B and other necessary childhood vaccinations for children between infancy and young adulthood who are uninsured, are not eligible for any Federal program providing the vaccination, and are otherwise medically indigent.

Section The State desires to establish a permanent funding program for rodent control activities at the local level by providing the City of Wilmington $15.0; New Castle County $15.0; Kent County $10.0; and Sussex County $10.0. The Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) shall dispense these funds to local governments in lump sum payments to be made no later than September 1, 2001; establish program objectives and spending guidelines; require regular expenditure reporting to the State; and allow unexpended funds to carry over at the local level into the next fiscal year.

Section Section 1 of this Act provides an appropriation to the Department of Health & Social Services, Division of Public Health, Community Health, Office of Narcotics and Dangerous Drugs (35-05-20) for personnel costs. Of that amount, $30.8 and 1.0 GF position is to fund an additional Drug Control Enforcement Officer over the FY 2000 complement.

Section Section 1 of this Act provides an appropriation to the Department of Health & Social Services, Division of Public Health, Community Health (35-05-20) for “School Based Health Centers”. Of that amount, $131.0 shall be used as inflation and $150.0 as a volume adjustment for existing centers as of June 30, 2000.

Section The Department of Health and Social Services, Alcoholism, Drug Abuse and Mental Health (35-06-00) will be able to bill for additional Medicaid Revenue due to a waiver of the Institution for Mental Diseases exclusion, as part of the Medicaid Managed Care waiver. This additional revenue shall be deposited to the General Fund, and the division shall make every effort to ensure that these bills are submitted to the appropriate entities in an expeditious manner.

Section Section 1 of this Act provides General Funds in the amount of $2,800.0 in the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health. This amount is supported by disproportionate share revenues of $2,000.0 that are projected to be collected from the federal government during Fiscal Year 2001. The department shall deposit disproportionate share revenues to the General Fund and shall continue to maintain its efforts to ensure that the State receives its allotted disproportionate share payments from the federal government. The department shall report quarterly to the Budget Director and the Controller General on disproportionate share revenue received.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health, Inpatient Mental Health (35-06-30), for contractual services. Of that amount, $41.2 shall be made available for a Nurse Intern Program to enable graduate nurses to take graduate courses to increase their skills in specialty areas.

It is understood that participants in this program will provide clinical services with compensation to Delaware Psychiatric Center during the duration of their graduate level education. It is further understood that these individuals shall remain in the employ of Delaware Psychiatric Center for a minimum of one year after graduation or reimburse the State for any and all tuition received.

Section Section 1 of this Act provides funds for a Dietitian position in the Inpatient Mental Health (35-06-30). The purpose of this position is to allow the IPU to provide services by a registered Dietitian as required for certification. This position shall also provide dietitian services to the Terry Children's Psychiatric Center. The charges associated with food contracts between Inpatient Mental Health (35-06-30) and the Terry Children's Psychiatric Center for Fiscal Year 2000 shall be finalized by October 1, 2000.

Section Inpatient Mental Health maintains appropriation account 35-06-30-98-37 to receive reimbursement for providing a work study program for local nursing schools and for assigning residents to work in non-psychiatric services at area hospitals on a rotating basis, respectively. Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and expend the proceeds from the aforementioned accounts.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Alcoholism, Drug Abuse and Mental Health, Alcoholism and Drug Abuse (35-06-40) in contractual services. In addition to this General Fund appropriation, the Director of the Division of Alcoholism, Drug Abuse and Mental Health, shall ensure that the amount of $60.0 be expended from available federal funds to contract for employment, alcohol, and drug counseling and referral services for youth and adults to encourage an alcohol and drug-free environment in South Wilmington; and that the amount of $35.0 be expended from available federal funds to contract for employment, alcohol, and drug counseling and referral services for youth and adults to encourage an alcohol and drug-free environment in the Claymont community.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health, Alcoholism and Drug Abuse (35-06-40) for personnel costs. Included in this appropriation is 1.0 FTE exempt position #1389. When this position becomes vacant, it shall be reclassified to a comparable Merit System Classification.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Social Services (35-07-00), for Title XIX Federal Programs (Medicaid). Notwithstanding any provisions of the Delaware Code to the contrary, the Division shall deposit any drug rebate funds into the Social Service's Medicaid grant line.

Section (a) Section 1 of this Act appropriates $1,875.9 in Social Services (35-07-00) under Early Intervention for the Part C Birth to Three Program. The Interagency Resource Management Committee (IRMC) shall consult and advise the lead agency in setting program eligibility standards and shall have the authority to allocate such funds, and may advise on the use of other funds specifically designated for this project. The IRMC shall also have the authority to maintain up to 35.5 positions and establish or contract for an additional 4.0 positions needed to provide appropriate services for Children Birth to Three, selected through the early intervention process and to ensure coordination with the Program for Children with Disabilities. In addition, the IRMC may recommend the transfer of General Fund positions and/or General Fund dollars from the Department of Health and Social Services as necessary to operate this program. The lead agency shall report to the Budget Director and the Controller General on additional revenues that will be generated from Medicaid matching funds for reimbursable appropriate services that will be deposited into the General Fund in Fiscal Year 2001.

(b) As required by Regulation §303.521 under IDEA, there will be no charge to the parents for the following: “(1)?implementing the Child Find requirements in §303.321; (2) evaluation and assessment, as included in §303.322, and including the functions related to evaluation and assessment in §303.12; (3) service coordination as included in §303.22 and §303.344(g) and (4) administrative and coordinative activities related to the development, review and evaluation of IFSPs in §303.340 through §303.346; and to the implementation of the procedural safeguards in Subpart E and the other components of the statewide system of early intervention services in Subparts D and F.”

(c) The Secretary of the Department of Health and Social Services shall ensure that under the Part C Birth to Three Program, no child will be denied services because of his/her parent's inability to pay. The following will be adhered to by the Department of Health and Social Services in developing Part C/vendor agreements: 1) vendors will agree to bill Third Party Insurance including Medicaid and clients; 2) client fees will be based on the DHSS scale developed by the Ability to Pay Committee and found in the department's policy Memorandum 37; and 3) those agencies who have sliding payment scales currently will be permitted to continue using them as long as those scales do not require a greater financial burden than that of the Department of Health and Social Services scale.

(d) Management Services shall submit a monthly report to the Budget Director and the Controller General outlining the number of children screened and assessed by the program, the number of children receiving services, and the number of children transitioned out of the program.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Social Services (35-07-01), for Title XIX Federal Programs (Medicaid). Notwithstanding the provisions of the Delaware Code to the contrary, the Division shall be permitted to use Medicaid (XIX-OTSI) funds when necessary to reimburse the federal government for its portion of overpayments not collected within sixty (60) days of identification. When such overpayments are collected, the funds collected shall be deposited back into the Medicaid XIX-OTSI account.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Social Services (35-07-01) for "Renal Disease."

The Division of Public Health will provide the following support for the Chronic Renal Disease Program: 1)?provide staff support for the Chronic Renal Disease Advisory Committee, including the maintenance of the committee membership and appointment system; 2) assist in developing programs and other public health initiatives designed to prevent chronic renal disease; and, 3) carry out educational programs for health professionals and the public to increase general knowledge of the prevention and treatment of chronic renal disease.

The Division of Social Services will provide the following support for the Chronic Renal Disease Program: 1)?develop standards for determining eligibility for services provided by the program, with the advice of the Advisory Committee; 2) extend financial assistance to persons suffering from chronic renal disease who meet eligibility criteria; and, 3) periodically provide information to the Advisory Committee on services provided and expenditures for these services. Those clients not Medicaid eligible will receive the same level of services as in previous years.

Section Section 1 of this Act includes 2.0 NSF FTEs in the Department of Health and Social Services, Social Services (35-07-01). These Medicaid Eligibility Specialist positions will be funded through voluntary contributions from the Medical Center of Delaware and from federal matching funds. These positions will expedite the Medicaid Eligibility application process for Medical Center clients, and will ensure that these clients apply for services through Medicaid, if appropriate, thereby maximizing federal revenues for the State of Delaware. Other medical facilities throughout the state may participate in this program.

Section The Secretary of the Department of Health and Social Services shall submit a quarterly report to the Budget Director and the Controller General separating departmental revenue estimates into categories related to the $16,408.7 ASF for the Medicaid program in Social Services, (35-07-00); the $1,385.9 ASF for child support programs in Child Support Enforcement, (35-10-00); the $8,049.6 ASF for programs in Public Health (35-05-00); and the $2,111.3 ASF for programs in Alcoholism, Drug Abuse and Mental Health (35-06-00). This report will aid the Budget Director and the Controller General in determining if the projected revenue will support the Appropriated Special Fund accounts.

Section The Department of Health and Social Services, Division of Social Services (35-07-01) is authorized to establish bank accounts to advance funds from the Employment and Training program to clients or vendors in a timely manner. These advances would be for supportive services or welfare diversion services in the nature of clothing and transportation allowances and other services, to advance client self-sufficiency, as proposed in Delaware’s Welfare Program.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Social Services (35-07-01) for Child Care. Of that amount, $1,200.0 shall be used to increase child care eligibility to 200 percent of the federal poverty level beginning January 1, 2000. The child care eligibility increase shall be annualized in Fiscal Year 2001 with Federal Aid to needy Families (TANF) funds in the amount of $1,200.0.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Social Services (35-07-00) for contractual services. Of that amount, $750.0 is for DCIS II system maintenance. The Division of Social Services shall have the authority to contract for positions needed to provide system maintenance. The Division shall also have the authority, with approval from the Budget Director and Controller General, to transfer a portion of these funds to Personnel Costs and establish up to 3.5 GF positions and 3.5 NSF positions in order to support DCIS II system maintenance.

Section Notwithstanding any other provisions of the Delaware Code, the Chief Physician position (BP #69747) in the Division of Social Services (35-07-00) shall be considered exempt.

Section Delaware Health and Social Services is authorized to contract with a cooperative Multi-State purchasing contract alliance for the procurement of Pharmaceutical Products and allied supplies. The provisions of 29 Del. Code, Chapter 69 shall not apply to such contract. Prior to entering into any such contracts the department will obtain the approval of the Secretary of the Department of Administrative Services.

Section Section 1 of this Act makes an ASF appropriation to the Department of Health and Social Services, Social Services (35-07-00), for the Prescription Drug Program. These funds may be used for both client services and administrative costs. Drug rebates received for this program shall be deposited into the Prescription Drug Program account.

Section The State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112), as amended. The Department of Health and Social Services shall act as the sole state agency with the Secretary of the Department as the State Officer, and Visually Impaired (35-08-00) as the Designated State Unit for all monies from the Act that are designated for persons with visual impairment and blindness, as defined in a Cooperative Agreement dated December 1985, between Visually Impaired and Vocational Rehabilitation (60-08-00), Department of Labor. The department shall cooperate with the U.S. Department of Education, Rehabilitation Services Administration and, in accordance with all state laws, prepare the State Plan and carry out the Rehabilitation Act of 1973 and amendments thereto.

Section The Secretary of the Department of Health and Social Services shall report to the Budget Director and the Controller General by September 1, 2000, on the status of the implementation of additional dental services to Medicaid eligible children on a statewide basis. The Secretary shall consider the use of dental vans suitably equipped with appropriate dental professionals or other service delivery mechanisms.

Section Section 1 of this Act appropriates $1,867.9 in personnel costs and 35.4 FTEs to Visually Impaired, (35-08-00). This section authorizes 1.0 FTE in addition to the 7.0 FTEs itinerant teachers available to meet caseload requirements for the Braille Literacy Act. This additional FTE may be filled if the September 2000 educational unit count indicates the number of teachers required to meet caseloads for visually impaired students is greater than the Fiscal Year 2001 complement of teachers.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division for the Visually Impaired (35-08-01), for contractual services. Of that amount, $18.9 shall be used to compensate correctional inmates for the purpose of producing Braille materials for visually impaired school children.

Section Section 1 of this Act provides an appropriation of $1,385.9 Appropriated Special Funds (ASF) in the Department of Health and Social Services, Child Support Enforcement (35-10-00), for the operation of the division. Revenue from child support collections shall fund this account and the related 17.3 ASF FTEs. The department shall continue its efforts to maintain collections related to child support programs, and all revenue in excess of the division's ASF authority shall be deposited as designated by Title 29, Section 6102 of the Delaware Code.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Mental Retardation, Institutional Services (35-11-20) for contractual services. Of that amount, up to $10.0 shall be available for services provided by Camp Barnes.

Section The Division of Mental Retardation, Community Services (35-11-30) receives Medicaid reimbursement for the provision of day rehabilitation services provided in state operated day centers. Notwithstanding the provisions of Title 29, Section 6102 of the Delaware Code, the Division shall be allowed to collect and deposit the Medicaid reimbursement in an Appropriated Special Fund account entitled "Day Rehabilitation Services Reimbursement." Receipts in the account may be used to fund community residential and day program contracts currently funded out of the Purchase of Care and Purchase of Community Services lines.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Mental Retardation, Community Services (35-11-30), for contractual services to reimburse facilities to provide sheltered workshop services to clients while they are actively attending sheltered workshop programs. The Director of Mental Retardation shall submit a report detailing the various cost components of each facility's per diem to the Budget Director and the Controller General no later than December 1, 2000. The Director of Mental Retardation shall ensure that only reasonable and appropriate cost items shall be included in each facility's per diem. The reimbursement shall not in the aggregate exceed the appropriation amount in Fiscal Year 2001.

The Division is encouraged, where appropriate, to provide supported employment opportunities for these clients within the appropriation limit.

Section (a) The Division of Mental Retardation (35-11-00) is encouraged, where appropriate, to reallocate resources so as to maximize community-based residential placements for persons with mental retardation. Such reallocation initiatives must be made within the total Division’s appropriation limit with the approval of the Budget Director and the Controller General. These reallocation initiatives shall not compromise the standard of care of the remaining Stockley Center population.

(b) Section 1 of this Act provides an appropriation to the Division of Mental Retardation, Community Services (35-11-20) for the Stockley Transition Plan. This reallocation is the result of the authority found in subsection (a) to reallocate resources to maximize community-based residential placements and shall be monitored to assure the most appropriate levels of care are provided both in the community and at Stockley Center.

(c) Section 1 of this Act also provides an appropriation to the Division of Social Services (35-07-01), for the SSI Supplement and Medicaid – Non-State. Of those amounts, $30.3 and $559.5, respectively, are the result of a reallocation from the Division of Mental Retardation, Community Services (35-11-20) as part of the Stockley Transition Plan and shall be used exclusively for the community placements of Division of Mental Retardation clients. This reallocation is also the result of the authority found in subsection (a) to reallocate resources to maximize community-based residential placements and was needed in order to maximize federal participation in such placements.

Section The Division of State Service Centers, Family Support (35-12-10) maintains appropriation accounts (35-12-10-80-00) and (35-12-10-80-01) for the purposes of lending car seats to families who cannot afford to buy them and to publish a Human Services Directory, respectively.

Section Section 1 of this Act provides an appropriation of $50.0 to the Department of Health & Social Services, Division of State Service Centers, Family Support IPU (35-12-10) for Hispanic Affairs. Members of the Council on Hispanic Affairs shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties.

Section The Division of State Service Centers, Service Center Management IPU (35-12-20), currently operates 14 facilities throughout the State for which a Tenant User Fee for service is charged to partially offset the cost of Service Center Operations. The holding account for this function is entitled "Facility Reimbursement".

Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and deposit to the aforementioned accounts. Corresponding Appropriated Special Fund spending authority has been provided in Section 1 of this Act.

Section Section 1 of this Act provides an appropriation to the Department of Health & Social Services, Division of State Service Centers, Community Services (35-12-30) for “Emergency Assistance”. Of that amount, $57.5 shall be used for inflation for existing shelter service providers as of June 30, 2000.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, State Service Centers, Community Services (35-12-30), for emergency assistance. Some of this appropriation may be used for programs of longer than 30 days duration.

Section The position of Director, Community Services, shall remain exempt from classified service until such time as the position becomes vacant.

Section Notwithstanding any other provisions of the Delaware Code, State employee recognition funds may be used per existing guidelines to include the recognition of volunteers and other non-state employees under IPU (35-12-40) at the discretion of the Secretary of the Department of Health and Social Services.

Section The Division of Services for Aging and Adults with Physical Disabilities (35-14-00) will receive Medicaid reimbursement for the administration of community based services for the Aging and Adults with Physical Disabilities population. Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and deposit the Medicaid reimbursement in an Appropriated Special Fund account entitled "Community Based Services Reimbursement." Receipts in the account may be used to maintain existing services and provide additional services for adults with physical disabilities. Such services are not to exceed the estimated annualized revenue, and are subject to initial and on-going review by the Budget Director and the Controller General.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities (35-14-01), for non-personnel costs. Of that amount, $52.1 shall be utilized for the Joining Generations Program.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services (35-05-20) for personnel costs. Included in this appropriation is 1.0 ASF FTE for a Dental Director position that shall be excluded from classified service as defined under Title 29, Delaware Code, Section 5903.

CHILDREN, YOUTH AND THEIR FAMILIES

Section To maintain the accuracy of information regarding Delaware’s juvenile justice system, specifically its institutions, Levels III, IV and V residential alternative programs and non-secure detention:

(a) All juvenile related SAC positions shall be located in YRS with access to all appropriate computer systems. After July 1, 2000, the Budget Director and the Controller General shall transfer $50.7 in personnel costs; $1.6 in travel; $3.0 in contractual services; $1.3 in supplies and materials; and $4.0 in Capital Outlay.

(b) YRS will provide SAC with copies of the actual documents and access to the originals covering bail disposition, release disposition, adjudicational sentencing disposition, program alternative calendars, rosters, movement information, alternative placement discharge reports, alternative placement fiscal records and other records necessary to verify juvenile offender movements, placements, identifications, and demographics. SAC will also have access to documents maintained by contract programs.

(c) SAC will produce quarterly juvenile offender institution movement and population reports; prepare and monitor the juvenile institution population forecast; and prepare the juvenile institution Levels III, IV and V residential alternative program recidivism study. These reports will be distributed to Legislative committees related to juvenile justice, the Budget Director, the Governor, the Controller General, YRS, and criminal justice agencies.

Section The Secretary of the Department of Services for Children, Youth and Their Families shall keep the Budget Director and the Controller General well informed on a quarterly basis about any and all developments relating to the possible sale of any portion of the Ferris School property and any and all developments relating to the possible new use or sale of any portion of the Woods Haven-Kruse property.

Section In addition to the positions authorized in Section 1 of this Act for the Division of Youth Rehabilitative Services (37-05-00), Secure Care (37-05-50), the Controller General and the Budget Director may authorize additional positions for the youth rehabilitative counselors at the Stevenson House Detention Center if the current staffing is inadequate for the detained population for a continuous period of not less than sixty days.

Section Amend §5916(b), Title 29 of the Delaware Code by inserting the following section:

“(4) Casual seasonal employees performing the same job duties as those eligible employees identified in subsections (1), (2), (3), shall also be deemed eligible. The amount of the monthly hazardous duty pay supplement shall be prorated based on the actual hours worked.”

Section For Fiscal Year 2001, the Division of Management Services (37-01-00) shall have 1.0 FTE exempt position in addition to those authorized by Title 29, Section 5903, Delaware Code. When position #55138 becomes vacant, it shall be classified by the Director of Personnel in accordance with the Merit System, Title 29, Chapter 59, Delaware Code.

Section Funds which are appropriated for foster care of children in Section 1 of this Act in the Department of Services for Children, Youth and Their Families, Family Services (37-06-00), are made available with the goal of limiting the number of children who remain in foster care for more than two years. For the year beginning October 1, 2000, the goal will be 220 children. This goal statement is intended to satisfy the requirements of the Federal Adoption Assistance and Child Welfare Act (P.L. 96-272).

Section The Division of Family Services is hereby directed to formally notify, in advance, the Foster Care Review Board of any meeting, hearing or other event of which the Board desires notification. Said notification shall be directed to the Executive Director of the Board.

Section Section 1 of this Act includes a one-time appropriation of $200.0 in the Office of the Budget, Contingencies and One-time Items (10-02-04). This appropriation is to be transferred to the Department of Services for Children, Youth and Their Families and used for expenses associated with an increased number of clients, in excess of those served in Fiscal Year 1999, referred by the Truancy Courts as a result of House Substitute #1 for House Bill No. 213 or similar legislation. The Department of Services for Children, Youth and Their Families shall submit quarterly reports to the Budget Director and the Controller General on the number of clients served by the Department that were referred for services by the Truancy Court as a result of HS #1 for House Bill No. 213 or similar legislation. These funds shall revert on June 30, 2001, should HS #1 for House Bill No. 213 or similar legislation not be enacted into law.

Section The Secretary of the Department of Services for Children, Youth and Their Families shall certify to the Governor and the General Assembly that the mixing of adjudicated and non-adjudicated youths shall not take place in Ferris School.

Section (a) During Fiscal Year 2001 any employee who is currently enrolled in an education program as part of the Ferris School Restructuring Transition Plan shall continue to receive financial support from the Division of Youth Rehabilitative Services until the completion of a relevant bachelor’s degree. Any remaining balance in 37-05-50-01-98 shall remain authorized and available for training and staff development within the division. Special consideration shall be given to probation and parole officers.

(b) The NSF account (37-05-50-80-04), established in Fiscal year 1996, shall remain authorized until June 30, 2001. This appropriation will allow the Department of Children, Youth and Their Families to receive reimbursements from employees who do not successfully complete Ferris work-force transition training. These Funds may also be used for general training and staff development in DYRS.

Section As a means of monitoring and improving the excessive expenditure of casual/seasonal and overtime in the Division of Youth Rehabilitative Services, Secure Care (37-05-50), the Secretary of the Department of Services for Children, Youth and Their Families shall file a quarterly report with the Budget Director and the Controller General on casual/seasonal and overtime expenditures. The report should include but not be limited to sick leave usage, incidence of tardiness, vacancy rates, training and transportation costs and the use of correctional officers at the Ferris School, New Castle County Detention Center and Stevenson House. The report should reflect all actions (including disciplinary) being taken to expeditiously correct the noted problem areas.

Section Section 1 of this Act includes an appropriation for Salary Contingency-Overtime in the Office of the Budget, Contingencies and One-time Items (10-02-04). Of that amount, the item amounting to $305.8 for overtime in the Department of Services for Children, Youth, and Their Families, Division of Youth Rehabilitative Services, Secure Care (37-05-50) shall be transferred to the Department and used for overtime with the consent of the Budget Director and Controller General after the department has demonstrated that every effort has been made to control and limit the use of overtime.

Section The Department of Services for Children, Youth and Their Families shall submit semi-annual reports to the Budget Director and the Controller General that detail the expenditures of the internal program unit of Community Services (37-05-30) by dispositional guideline level, outlines the numbers of youth served by various programs within the unit and summarizes the personnel complement associated with each program within the unit. These reports shall be due on November?30, 2000, and May 30, 2001.

Section Section 1 of this Act provides an appropriation to the Department of Services For Children, Youth, And Their Families, Division of Youth Rehabilitation Services, Secure Care (37-05-50) for contractual services. Of that amount up to $100.0 may be used for pre-trial diversion in the Superior Court (02-03-10).

Section The Department of Services for Children, Youth and Their Families shall report on a quarterly basis during FY 2001 to the Controller General and Budget Director the status of the Stevenson House Facility in Milford. This report shall include, but not be limited to, staffing vacancies, total budgetary expenditures vs. appropriations, overtime, casual & seasonal expenditures, population statistics, facility condition and capacities, and incident reports.

Section Section 1 of this Act provides an Appropriated Special Fund authorization of $341.7 to the Department of Services for Children, Youth and their Families (37-00-00) for the purpose of supporting the Young Criminal Offender Program located at the Department of Correction, Multi-Purpose Criminal Justice Facility (38-04-06).

Section Section 1 of this Act provides an appropriation to the Department of Services for Children, Youth and Their Families, Child Mental Health Division, Managed Care Organization IPU (37-04-10) for Pass-Throughs. Of that amount, $213.7 and $86.3 from Contractual Services shall be used for the statewide Juvenile Drug Court Program and transferred to SODAT.

Section (a) In addition to the positions authorized in Section 1 of this Act for the Division of Family Services (37-06-00), Intake/Investigation (37-06-30) and Intervention/Treatment (37-06-40), the Budget Director may authorize up to 15 additional training positions for the purpose of training investigative and treatment workers. The Budget Director may authorize additional recruit positions accordingly.

(b) Additional 2.0 General Fund FTEs were authorized in FY 00 in the Division of Family Services, Office of the Director (37-06-10) for the purposes of training workers hired in accordance with Section 230 of this Bill. As the need for the over-hire provisions and the associated training authority is reduced, the Budget Director and the Controller General may eliminate two positions through attrition.

Section For the purposes of retaining and attracting experienced investigation and treatment workers in the Division of Family Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units. It is anticipated that the Division shall hire a minimum of two Family Crisis Therapists per investigation and treatment units, subject to the availability of successful candidates. Current Division of Family Services employees who successfully apply for these positions shall have their position reclassified to Family Crisis Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist shall be effective upon the approval of the State Personnel Director, Budget Director and the Controller General. The Division of Family Services is authorized to transfer positions between budget units in order to adjust its complement to ensure the correct number of FTEs are in each functional unit of the Division. The Division of Family Services shall submit a quarterly report to the Budget Director and the Controller General detailing any adjustments to the complement, the number of Family Crisis Therapists hired and retention statistics.

Section Section 1 of this Act appropriates 6.0 NSF FTEs to provide additional Probation Officers to serve youth on probation or parole in the Division of Youth Rehabilitative Services, Community Services (37-05-30). These additional officers will serve as part of a new program designed to more vigorously enforce violations of probation or parole by DYRS clients. Federal funds shall be available for these positions and to provide residential placements for youths who violate the conditions of their probation or parole. Such placements may be for two weeks for the first offense, three months for the second offense and until the youth reaches age 18 for the third offense.

Section Section 1 of this Act provides an appropriation to the Department of Services for Children, Youth and Their Families, Division of Family Services, Office of the Director (37-06-10) of $423.6 for Pass-Throughs. It includes:

Child Advocacy Center $280.7

People’s Place, Milford $ 67.0

CHILD, Inc. $ 29.5

Watchful Shepherd $ 46.4

Section In addition to the .5 ASF position authorized in Section 1 of this Act to (37-06-10), 2.0 ASF positions are authorized to replace 2.0 NSF FTEs as of October 1, 2000. These positions are to be used to ensure compliance with State laws regarding youth access to tobacco, through activities including recruitment and training of youth to act as cooperative underage witnesses in compliance checks, educating retailers about State tobacco laws, and educating youth about retailer compliance regarding the sale of tobacco to minors and other compliance activities.

CORRECTION

Section Not withstanding Title 29, Chapter 58, Section 5805 and Chapter 55, Section 5502, the Department of Correction is authorized to contract with former employees of the Department of Correction for construction oversight services. The purpose of this authorization is to provide expert oversight for the ongoing prison construction. This section shall be in effect for the fiscal year ending June 30, 2001.

Section (a) Section 1 of this Act includes funding for relief positions in the Human Resources/Employee Development Center IPU of the Department of Correction (38-01-02). These positions shall be used primarily for training relief. The Department of Correction shall provide a quarterly report to the Budget Director and the Controller General detailing the non-training relief assignments of the staff training relief officers.

(b) In addition to the positions authorized in Section 1 of this Act for the Department of Correction (38-00-00), additional positions are authorized in Human Resources/Employee Development Center (38-01-02) for the purpose of training classes. During the training sessions, up to 60 positions will be made available to accommodate the class being trained. Funding is authorized to seed the first-time use of these 60 positions. In order to utilize these positions after the first time use, the department will use salary savings realized throughout the year.

(c) In addition to the positions authorized in Section 1 of this Act for the Department of Correction (38-00-00), additional positions are authorized in Human Resources/Employee Development Center (38-01-02) for the purpose of Probation and Parole Officer Basic Training classes. During the training sessions, up to 25 positions will be made available to accommodate the class being trained. No funding will be authorized for these 25 positions. In order to utilize these positions, the Department will use salary savings realized throughout the year.

Section Section 1 of this Act provides an appropriation to the Department of Correction, Medical Services (38-01-30). Administration of the Medical Services contract shall be the responsibility of the Commissioner of Correction or his designee.

Section Section 1 of this Act makes an appropriation to the Department of Correction, Medical/Treatment Services (38-01-30). Of the total appropriation, $25.0 shall be used for the purpose of inmate hospice care.

Section The Department of Correction, Facilities Maintenance (38-01-40), receives funding for maintenance and restoration projects in the Budget Act. The department must submit a quarterly report to the Budget Director and the Controller General, detailing the expenditure of such funds and the respective projects. The department shall submit a preliminary plan for maintenance projects for Fiscal Year 2002 by October 31, 2000, to the Budget Director and the Controller General.

Section Section 1 of this Act provides an appropriation for the Prison Arts Program funded in the Bureau Chief - Prisons (38-04-01). Included in this appropriation is a 1.0 FTE Administrative Assistant II and $28.0 for personnel costs, $23.0 for supplies and materials, $43.5 for casual/seasonal, $29.5 for contractual services and $4.0 for travel.

Section Section 1 of this Act appropriates the sum of $19.0 in "gate money" or "release money" to the Department of Correction, Prisons, Bureau Chief - Prisons (38-04-01). The General Assembly intends that these funds be used for inmates, who upon their release, are financially unable to obtain transportation away from the facility. The funds thus appropriated shall be used for the express purpose of providing cash payments to eligible inmates being released from an adult correctional facility and shall be expended as follows:

(a) Upon release, a prisoner who within 30 days prior to release has $50.00 or more in his/her inmate account or accounts shall not be eligible for such payment, but shall be paid in cash the amount in his/her inmate account or accounts.

(b) Upon release, a prisoner who has less than $50.00 in his/her inmate account or accounts shall be paid in cash the amount remaining in his/her account or accounts and may be paid an additional sum sufficient to ensure transportation to his/her place of residence. Such sum sufficient, together with the funds available in the inmate account, shall not exceed $50.00.

Any prisoner who, after using option (a) or (b) of this Section, has insufficient funds to provide a one-way bus ticket to his/her place of residence, shall forfeit all such funds and shall be provided with a one-way bus ticket to his/her place of residence, as well as sufficient funding to provide food during travel.

Section Section 1 of this Act provides an appropriation for personnel costs to the Department of Correction, Delaware Correctional Center (38-04-03). Included in this appropriation is $15.0 for legal services as required by the Warden of Delaware Correctional Center.

Section Section 1 of this Act provides an appropriation for personnel costs to the Department of Correction - Delaware Correctional Center (38-04-03). Included in this appropriation is 1.0 position and personnel costs to allow the department to oversee a program to manufacture reading materials in Braille for the visually impaired.

Section Section 1 of this Act appropriates funds to Baylor Women’s Correctional Institution (38-04-05) in contractual services for a contract to provide a program for female offenders at BWCI to address anger and behavior issues from a feminine psychological perspective. The Warden of the facility will submit an annual report to the Joint Finance Committee, Budget Director, Controller General and Commissioner of Correction by June 1 of each year, which will include but not be limited to the mission of the organization, the statement of the problem, a synopsis of the program, the number of participants, statistics relating to recidivism rates of those participating in the program and an annual budget of the organization.

Section (a) Section 1 of this Act makes an appropriation of $4,209.4 to the Department of Correction, Drug and Alcohol Treatment Services (38-01-31) for Drug and Alcohol Treatment Services; and $132.0 to the Bureau Chief - Community Corrections (38-06-01); and $305.9 Probation and Parole (38-06-02). These funds are intended to support drug and alcohol programs provided by the department to individuals in its custody or under its supervision. The administration of these contracts shall be the responsibility of the Commissioner of Corrections or his designee.

(b) On or before August 1, 2000, the department is to submit a plan on how these funds will be spent during the fiscal year. This plan shall be submitted for approval to the Budget Director and the Controller General.

(c) The Commissioner of Correction and the Secretary of Health and Social Services, or their designees, shall jointly participate in developing the appropriate requests for proposals (RFPs) for contract services to provide drug and alcohol treatment. All selected contract providers shall report on a regular basis to the Department of Correction on all follow-up regarding referrals and services provided to the offender population.

Section (a) Of the total positions authorized in Section 1 of this Act for the Morris Correctional Institution (38-04-07), three positions shall be used to continue the existing highway beautification project.

(b) Of the total positions authorized in Section 1 of this Act for the Delaware Correctional Center (38-04-03), four positions shall be used to continue the existing highway beautification project.

(c) Of the total positions authorized in Section 1 of this Act for the Sussex Correctional Institution (38-04-04), four positions shall be used for a highway beautification project.

(d) Section 1 of this Act also makes an appropriation for contractual services to Morris Correctional Institution (38-04-07). Of this amount, $5.0 shall be used for "tipping" fees.

Section Section 1 of this Act provides an appropriation to Community Corrections, Probation and Parole (38-06-02). The department must submit a semi-annual report to the Budget Director and the Controller General that details the expenditure of these funds by SENTAC level (levels I, II and III) and the average personnel complement for each level. These reports are due on December 31 and June 30.

Section Section 1 of this Act provides an appropriation to Community Corrections, Probation and Parole (38-06-02) for contractual services. Of this appropriation, $94.0 shall be used to support a community restorative justice program in New Castle County.

Section Section I of this Act provides an appropriation of 6.0 ASF FTEs and $241.8 ASF in Department of Correction, Multi-Purpose Criminal Justice Facility (38-04-06). These positions shall be Correctional Officers who will supervise inmate work crews primarily for completing projects requested by DelDOT. The source of funding shall be the Department of Transportation, Maintenance (55-04-70). Adjustments to Appropriated Special Fund spending authority for this program can be made upon the concurrence and approval of the Budget Director and the Controller General.

Section Section 1 of this Act provides an appropriation to Community Corrections, House Arrest (38-06-04) for the purpose of supporting a program of home confinement using electronic monitoring devices. The supervision of offenders assigned to home confinement and the use of the electronic monitoring devices shall be restricted to the area within the geographical boundaries of the State of Delaware, unless otherwise determined by the Commissioner of the Department of Correction.

Section Section 1 of this Act appropriates $2,571.8 in contractual services to Department of Correction, Prisons, Bureau Chief-Prisons (38-04-01) for out-of-state boarding of Delaware prisoners in Virginia. As Delaware prisoners are brought back from Virginia, the Department of Correction is authorized to transfer funds from this contractual services appropriation to other Department of Correction budget units and appropriations as needed, subject to the approval of the Budget Director and Controller General.

Section Pursuant to appropriations in the Department of Correction, Prisons (38-04-00) and the Department of Education, Block Grants and Pass Through Programs (95-03-00) in Section 1 of this Act, the Department of Correction and the Department of Education shall enter into an agreement for the operation of prison education services. Under any such agreement the Department of Education shall be responsible for the operation of prison education services. These educational services shall include, but not be limited to, programs provided to juvenile inmates in the Young Criminal Offender Program and inmates between the ages of 18 and 21, including those requiring special educational services. Students served under this program shall not be included in the calculation for unit count purposes as defined in Chapter 17, Title 14, Delaware Code. The Budget Director and Controller General may transfer funds between lines and Departments to pay for this program.

To facilitate the coordination of education services within the prison system the Department of Correction may use an existing vacancy during Fiscal Year 2001 or may reimburse a school district or state agency to cover the salary and expenses for those services. Prison education services shall be provided by utilizing existing teachers that are in the Department of Correction as well as newly authorized teaching positions in the Department of Education. The management of all educational positions shall be provided by the Department of Education. All existing teachers in the Department of Correction may voluntarily transfer to the Department of Education. Any teacher wishing to transfer to the Department of Education shall have until August 15, 2000 to notify both Departments of their intent. Transfers shall be effective September 1, 2000 at which time the associated FTE and funding shall be transferred to the Department of Education. Department of Correction teachers shall have the opportunity each year thereafter to notify both agencies of their intent to transfer to the Department of Education. Such notification shall be made by April 15 of each year to become effective July 1 of that calendar year. Any position transfer made pursuant to this section shall be permanent.

If a remaining Department of Correction teacher applies for and is accepted into a newly authorized position in the Department of Education, the position and associated funding shall be transferred to the Department of Education for the operation of prison education services. If a remaining Department of Correction teacher position becomes otherwise vacant, the position and associated funding shall be transferred to the Department of Education for the operation of prison education services.

Section The Department of Correction, House Arrest (38-06-04) shall provide 24 hour, 7 day a week supervision of community correction’s offenders. The Department shall determine the number of employees needed on duty throughout each 24-hour period and arrange staff coverage accordingly. At no time shall the ratio of Probation Officers I’s to other staff exceed 50 percent during night time and weekend hours.

Section The Merit Rules notwithstanding, Department of Correction employees designated as Correctional Emergency Response Team (CERT) members shall be eligible for standby pay regardless of their classification.

NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Section Section 1 of this Act authorizes the Division of Fish and Wildlife, Wildlife/Fisheries (40-05-02) to spend up to $4,167.6 in Appropriated Special Funds. Within this amount, the division is authorized to undertake capital expenditures to maintain/develop fish and wildlife recreational areas. These expenditures should be in accordance with the Capital Development Plan for the division, submitted as an attachment to the department’s Fiscal Year 2001 Capital Improvement Program. Any deviation from the listed projects must be approved by the Budget Director and the Controller General.

Section Section 1 of this Act contains a one-time appropriation of $25.0 to the Department of Natural Resources and Environmental Control, Division of Soil and Water, (40-07-01) for the completion of the Inland Bays Dredging Study. This appropriation is subject to a $20.0 federal match.

Section The Department of Natural Resources and Environmental Control will provide the Joint Finance Committee with information on the actual cost of all Title V program activities, including permitting, enforcement and monitoring. Reports on each six months of activity will be submitted to the Joint Finance Committee by January 31, 2001, and July 31, 2001, respectively.

Section . Section 1 of this Act appropriates $115.8 to the Division of Water Resources, Watershed Assessment (40-08-07) for Inland Bays Research. The appropriation shall be used to support citizen-monitoring activities including, but not limited to, the Stream Watch Program in the amount of $75.8 and the Inland Bays Citizen Monitoring Program in the amount of $40.0. In addition, $275.0 of the Watershed Assessment (40-08-07) contractual services funding shall be used by the Center for the Inland Bays for programs promoting strategies to improve the quality of water in the Inland Bays.

Section Section 1 of this Act appropriates funds to the Division of Air and Waste Management (40-09-00), for the SARA III Program. All ASF collected in this program shall be distributed to the Local Emergency Planning Committees.

Section Section 1 of this Act appropriates $716.9 in General Funds and $169.5 in Appropriated Special Funds for a dog control contract in the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, (40-05-05). The recipient of this contract will be responsible for the enforcement of Title 7, Chapter 17 (Dogs), of the Delaware Code. Of the total General Fund appropriation, $135.0 is dedicated to fund 4 dog control officers: 2 in New Castle County, 1 in Kent County and 1 in Sussex County.

Section Section 1 of this Act appropriates funds to support a position within the Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Management and Support Section (40-09-01). This position is an Environmental Engineer II/IV and assigned to the Delaware City Petro Chemical Complex. This position will respond to and provide follow-up on complaints from the community on air quality throughout New Castle County. The position incumbent shall submit an annual report to the Joint Finance Committee on February 1st of each year which summarizes the complaints and activities of the previous calendar year.

Section Prior to all new land acquisitions the Department of Natural Resources and Environmental Control will be required to provide cost estimates to the Joint Finance Committee. The cost estimates will include estimates to develop infrastructure, maintenance and the number of positions needed to maintain the land and the associated personnel costs.

Section The Title V Operating Permit Program ASF holding account in Air and Waste Management, Air Quality Management (40-09-02) shall be interest earning for the duration of the program.

Section Any expenditure or transfer of Penalty Fund Revenues must be approved by the State Budget Director and the Controller General. The Department shall submit quarterly reports on the progress of the expenditures and/or projects. All expenditures must be recommended by the Department and approved by the Secretary. All penalty funds will be deposited in the Penalty Fund Account. All of the penalty fund expenditures made by the Department of Natural Resources and Environmental Control in Fiscal Year 2001 shall be reported to the Joint Finance Committee in the Department’s Fiscal Year 2002 budget presentation. Included in this presentation shall be an explanation of the process used to select the recipients of Penalty Fund money.

Section The Division of Fish and Wildlife (40-05-00) is authorized to establish, maintain and administer:

(a) An interest-bearing, Non-appropriated Special Fund known as the Delaware Marsh Management and Maintenance Trust, as allowed by conditions of the DNREC/PSE&G Settlement Agreement of March 23, 1995. The interest income from this Trust Account will be dedicated to implement the Settlement Agreement’s provisions to enhance or restore tidal wetlands habitats for coastal fish and wildlife resources along Delaware Bay and River in Delaware, and to maintain such tidal wetlands habitat enhancements or restoration in perpetuity, as partial compensation for natural resource losses caused by past, ongoing and future operation of the PSE&G Salem Nuclear Generating Station.

(b) A Non-appropriated Special Fund for administration of the dedicated interest earned on the fund established above, with said dedicated interest to be expended to help support or implement compensatory tidal wetlands habitat enhancements or restorations and associated maintenance activities referred to in (a) above.

Section Section 1 of this Act appropriates $4,265.9 to the Department of Natural Resources, Division of Parks and Recreation, Operations and Maintenance Section (40-06-02). Of this amount, $65.0 shall be used to fund casual/seasonal positions for Killens Pond Waterpark and $23.5 shall be used for programs and services at rental facilities at Bellevue State Park.

Section The budget complement of the Department of Natural Resources and Environmental Control, Division of Water Resources, Environmental Services (40-08-02) includes 2.0 General Fund Analytic Chemist FTEs, position numbers 58598 and 8339. When one of these positions becomes vacant, it shall be converted to ASF immediately. The remaining position shall not be converted.

Section Section 1 of the Act appropriates $4,664.0 to the Department of Natural Resources and Environmental Control, Division of Water Resources, Management and Support (40-08-01). Of that amount, $1.0 shall be set aside for the Environmental Science Scholarship program.

Section Section 1 of this Act appropriates $505.4 General Funds to the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, Cultural and Recreational Services, (40-06-03). Of that appropriation $10.1 is to be spent on Promotion and Programs for Trap Pond State Park as follows: $5.0 in Contractual Services, $5.0 in Supplies and Materials and $.1 for Travel.

Section Section 1 of this Act appropriates $501.9 to the Department of Natural Resources and Environmental Control to annualize the competency based pay project. Notwithstanding Chapters 5.0 and 6.0 of the Merit Rules, this pay plan is intended for the enforcement classes within the Divisions of Fish and Wildlife, Parks and Recreation, and Air and Waste Management, and shall be based upon the Competency Based Pay Plan report provided to the Controller General's Office on June 8, 1998.

The competency based pay plan shall provide a plan for employees to follow in order to achieve promotional increases based on objective, measurable, pre-determined standards for all enforcement employees. These standards include, but are not limited to, training and education, certification, time and experience, public relations, performance review and operational readiness.

The promotional increases shall be based on a competency based matrix. The matrix shall provide for promotional standards both within and between pay grades. There shall be three levels that an employee must achieve within one paygrade before in order to be eligible for promotion to a higher paygrade. These three levels are skill building, full performance, and expert. Decisions related to promotion to a higher paygrade shall be determined be an Enforcement Oral Board made up of 2 representatives from the Department of Natural Resources and Environmental Control and 3 representatives from the State Personnel Office.

Section Section 1 of this Act appropriates $454.5 to the Division of Soil and Water Conservation, District Operations (40-07-04) for contractual services. Of that amount, $130.0 shall be used to hire additional field staff personnel for the preparation of nutrient management plans.

Section Section 1 of this Act appropriates funds to the Hazardous Substance Cleanup Act (HSCA) Cleanup Fund in the Division of Air and Waste Management, Waste Management (40-09-03). A maximum of $500.0 ASF per fiscal year will be set aside from the HSCA Cleanup Fund to address orphaned and abandoned underground storage tank (UST) systems. These USTs shall include those where the responsible parties have shown to the satisfaction of the Department of Natural Resources and Environmental Control, that they do not have the ability to pay for the necessary UST system removal and the remediation of any resulting contamination. In such case, the Department shall not seek cost recovery of the funds expended under the HSCA fund.

Section Amend § 2113(e), Title 23, Delaware Code, by striking the phrase “Fisheries Restoration (Dingell-Johnson)” and substituting in lieu thereof the phrase “Sport Fish Restoration”. Also amend § 2113(f), Title 23, Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

Beginning July 1, 2000 and annually thereafter, the funds derived by the State from Boat Registration Fees shall be deposited as Appropriated Special Funds by the Department with the State Treasurer.

Section For Fiscal Year 2001, the Division of Fish and Wildlife is authorized to expend funds derived from the sale of boat registration fees during Fiscal Year 2000 for the purpose of supporting fisheries programs and marine enforcement.

Section Section 1 of this Act makes an appropriation to the Department of Natural Resources and Environmental Control, Division of Water Resources (40-08-01). Of the total appropriation, $120.0 will pass through the Department to fund the Environmental Training Center at Delaware Technical and Community College, Owens Campus. Funding is to be used to provide training for state and local water and wastewater operators.

Section Amend § 8002(c), Title 29, Delaware Code by deleting the following:

“The Secretary may, during an absence from the State, appoint the Deputy Secretary of the Department to serve as Acting Secretary during such absence.”

and replacing it with the following:

“The Secretary or the Acting Secretary may, during an absence from the State, appoint the Deputy Secretary or a Division Director of the Department to serve as Acting Secretary during such absence.”

Section Section 1 of this Act appropriates 1.0 FTE ASF Deputy Attorney General I position to the Department of Natural Resources and Environmental Control, Office of the Secretary (40-01-01) funded through legal assistance expenses recovered through administrative enforcement actions under 7 Del. Code, Chapter 60.

Section It is intent of the General Assembly that the Department of Natural Resources and Environmental Control shall be required, pending legal review, to post on its Internet Web site within three working days, all unclassified misdemeanors issued by the Division of Air and Waste Management Enforcement Officers after such citations have been entered in the courts.

Section The Budget Office Contingency and One-Time Items (10-02-04) contains an appropriation of $310.0 for the Debris Disposal Program. The funding is contingent on passage of Senate Bill 185 of the 140th General Assembly or similar legislation. If this bill or similar legislation is not enacted the appropriation shall revert to the General Fund. The funds appropriated for the Debris Disposal Fund require a 50% match from New Castle County Council.

Section Section 1 of this Act makes an appropriation for contractual services to the Department of Natural Resources and Environmental Control, Division of Water Resources, (40-08-05). Of the total appropriation, $25.0 is dedicated to the Compliance Inspection Program in the Inland Bays/Atlantic Ocean Basin.

Section Section 1 of this Act makes an appropriation for contractual services to Department of Natural Resources and Environmental Control, Division of Parks and Recreation, (40-06-02). Of the total appropriation, $75.0 is dedicated to Greenways and Trails maintenance.

Section Section 1 of this Act makes an appropriation of $30.0 in Contractual Services to the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, (40-05-06). This appropriation is to fund 5 casual/seasonal enforcement officers to patrol the inland bays.

Section Section 1 of this Act makes an appropriation for contractual services to the Department of Natural Resources and Environmental Control, Division of Water Resources, (40-08-01). Of that amount $50.0 shall be used to support the Partnership for the Delaware Estuary.

PUBLIC SAFETY

Section The Department of Public Safety (45-00-00) is hereby authorized to continue the agreement between the Division of State Police (45-06-00) and Sussex County Council to provide up to 15 additional patrol officers in Sussex County.

In Section 1 of this Act, ASF authority has been provided to the Division of State Police, Patrol (45-06-03) in order to accommodate the match requirements stipulated by the agreement. In the event that the aforementioned agreement between the Division of State Police and Sussex County is terminated, this authority shall be deauthorized.

Section Section 1 of this Act makes an appropriation to the Division of State Police, Executive (45-06-01). Included in this amount are funds for implementation of a Career Development Program. Any adjustment received under this program will be added to base compensation and will be included to determine retirement benefits.

Section The Division of State Police receives funds resulting from drug and other seizure activities. If seizure is defined as being under federal jurisdiction, then the funds flow to State Police, Executive (45-06-01), as Non-appropriated Special Funds. The Division shall submit a plan for the expenditure of these funds to the Budget Director and the Controller General. This plan shall be updated quarterly. A quarterly report as to the expenditure of such funds and to the respective projects shall be submitted to the Budget Director and the Controller General.

Section In addition to the positions authorized in Section 1 of this Act for the Division of State Police (45-06-00), additional positions are authorized in Patrol (45-06-03) for the purpose of training State Police recruits. During recruit training, up to 20 positions will be made available to accommodate the class being trained. Funding is authorized for initial use of these positions to accommodate an anticipated graduating class of 15 troopers. The Budget Director may authorize additional recruit positions accordingly.

Section Section 1 of this Act authorized the conversion of 2.3 NSF FTEs within the Department of Public Safety, Division of State Police (45-06-03), funded via the COPS Universal Hiring Program to General Funds. Each of these positions will retain their NSF funding status, until such time as available federal funding is depleted.

Section Section 1 of this Act authorizes the conversion of 5.0 NSF FTEs within the Department of Public Safety funded via the COPS Universal Hiring Program to General Funds: 1.8 FTEs in Capitol Police (45-02-10); 2.0 FTEs State Police, Patrol (45-06-03); and 1.2 FTEs State Police, Special Investigation (45-06-05).

Section Notwithstanding Chapters 63 and 69 of Title 29 of the Delaware Code or any other statutory provision to the contrary, the Department of Public Safety is authorized to enter into agreements with private telecommunications companies to use space for communication facilities on telecommunications towers under their administration. The revenues paid to the State under these agreements shall be designated for use by the Division of State Police in support of mobile data computing telecommunications infrastructure cost, effective retroactively.

Section Notwithstanding the provisions of Section 6102(o)(3), Title 29, Delaware Code, any remaining balance in the Inspection and Maintenance (I/M) Fund shall not be subject to General Fund deposit until June 30, 2001. These funds may be used for costs associated with Division of Motor Vehicle lane construction.

Section Funds remaining in the Department of Public Safety, Division of State Police (45-06-01) FY 1998 one-time appropriation "One-Time Items" originally allocated for the "Promotional Testing Project" shall be a continuing appropriation to be used for the “Academy Curricula and Training Study."

Section The 4.0 FTEs being transferred from the Division of State Police (45-06-00) to the Office of the Secretary, Administration (45-01-01) in Section 1 of this act shall become classified in compliance with the Merit System, Title 29, Chapter 59, by the Director of State Personnel. Any incumbent occupying a position that is “classified” by the Director of State Personnel pursuant to Title 29, Chapter 59, Delaware Code shall be considered qualified without further testing and shall be continued in the position without loss of compensation.

Section Section 1 of this Act provides $73.2 and 3 Physical Plant Maintenance/Trades Mechanic I FTEs to the Department of Public Safety, Building Maintenance and Construction (45-06-02). These positions shall report to Delaware State Police Troop 1, Troop 2 and Troop 6.

TRANSPORTATION

Section All state agencies are directed to remit payment for services rendered by the Department of Transportation within (30) days after receipt of invoice. Services may include fuel billing, sign manufacturing, photocopies, specialized transit services, etc. Partial payments or estimated payments will not be permitted.

Section The department shall provide a quarterly report of potential liabilities and expenditures from the Environmental Contingency account to the Office of Controller General and the Budget Office.

Section The Delaware Transportation Authority budget, as set forth in memorandum form in Section 1 of this Act, shall be expended in accordance with the following limitations:

(a) Debt Service estimates are for current project financing as authorized by Title 2, Chapter 13, Delaware Code.

(b) Funds provided for "Newark Transportation" are intended to cover the expenses of the public transportation system operated by the City of Newark. The funds may be used to provide up to 100 percent of the total operating cost of the system during the year.

(c) Funds provided for "Kent/Sussex Transportation" are intended for continuation of transportation service for the elderly and handicapped in Kent and Sussex counties. It is intended that management and direction of the service will reside with the Delaware Transit Corporation which may contract for services as they see fit, and that Kent County and Sussex County governments will review and approve allocation of the service levels within each county.

(d) It is intended that funds for "Taxi Service Support" will be maintained at least at the same service level as in the previous year. It is intended that management and direction of these services shall reside with the Delaware Transit Corporation who may contract for this service as required.

(e) Funds of the Delaware Transit Corporation may not be provided as aids to local governments for transportation systems which restrict passengers because of residential requirements. Nothing in this Section is meant to require that governments must operate these transportation systems outside their political boundaries.

(f) Funds provided for “Transit Operations” are intended to include funding to allow the Delaware Transit Corporation or a private contractor to:

1) continue to provide the present level of service to dialysis patients on normal service days during the hours offered in New Castle County by the Delaware Transit Corporation to the extent that such service does not place the Delaware Transit Corporation in violation of the federal Americans with Disabilities Act.

2) provide service to dialysis patients in Kent and Sussex counties during hours identical to those offered in New Castle County.

Section Section 1 of this Act appropriates $828.5 to the Division of Financial Management and Budget (55-01-02) for Operations/Capital. Of this amount, $200.0 shall be allocated to the Maritime Exchange for the Delaware River and Bay.

Section Section 1 of this Act appropriates $9,824.8 to Maintenance Districts (55-04-70) for Contractual/Supplies. Of this amount, $30.0 shall be allocated to the Woodland Ferry.

Section Section 1 of this Act makes an appropriation of $516.9 to the Division of Planning (55-03-01) for Operations/Capital.

(a) Of this amount, $25.0 shall be used for infrastructure research and forums through the University of Delaware, School of Urban Affairs and Public Policy. An additional $25.0 shall be allocated for the purposes set forth in this Section to be funded from eligible Federal Funds. The activities funded by this appropriation shall be approved by the Secretary of the Department of Transportation.

(b) Of this amount, $250.0 shall be used for the purposes of funding research programs of the Delaware Transportation Institute. Use of these program funds are subject to prior approval of the research approach and specific research projects of the Institute by the existing Policy Committee for the Institute, which shall include representation from the Department of Transportation, the University of Delaware, the Chairperson of the House Transportation and Infrastructure Committee, and the Chairperson of the Senate Highways and Transportation Committee and/or the Energy and Transit Committee.

Section The Office of Information Services shall bill the Department of Transportation, Division of Administration (55-02-01) on an actual usage basis.

Section Section 1 of this Act provides an appropriation of $63,620.9 to the Division of Highway Operations (55-04-00). Of that amount $2,515.4 shall be used to implement the National Pollutant Discharge Elimination System (NPDES). The Secretary of Transportation shall report quarterly to the Budget Director and the Controller General on the status of the implementation of NPDES and provide associated cost projections for the remainder of the fiscal year. The Secretary of Transportation shall also report to the Budget Director and the Controller General upon final settlement of the related Consent Decree between the Department of Transportation and its co-defendants; and U.S. Environmental Protection Agency and U.S. Department of Justice, including a summary of settlement terms and applicable fines.

Section Section 1 of this Act authorizes disbursement of $1,770.0 in Transportation Trust Funds for Debt Service, General Obligation.

Section Section 1 of this Act makes various appropriations from the Transportation Trust Fund for all transportation-related operations.

(a) The Department shall promulgate and carry out the policies and procedures necessary to deauthorize any unexpended, unencumbered or unprogrammed operating appropriations remaining at the end of the fiscal year.

(b) The Department shall provide a list of operating appropriations to be continued into the next fiscal year to include the following: 1) unprogrammed appropriations from prior years, and 2) unencumbered or unprogrammed appropriations from the immediately preceding fiscal year. The list shall be comprised of the accounting code, fiscal year and program description for each appropriation to be continued. The Department may request additional authority, on a project by project basis, during the fiscal year. Such requests shall be submitted to the Budget Director and Controller General for approval.

(c) For fiscal year ending June 30, 2000, any authorizations in the following accounts shall remain as continuing appropriations and shall not be subject to deauthorization until June 30, 2001:

Fiscal Year Appropriation Account Code Remarks
1999 (55-01-01-68-00) Operations/Capital
1999 (55-01-01-68-06) Environmental Contingency
2000 (55-01-01-68-00) Operations/Capital
2000 (55-01-01-68-15) Personnel Costs
1997 (55-01-02-68-00) Operations/Capital
1999 (55-01-02-68-00) Operations/Capital
2000 (55-01-02-68-00) Operations/Capital
2000 (55-01-02-68-15) Personnel Costs
1999 (55-01-03-68-00) Operations/Capital
2000 (55-01-03-68-00) Operations/Capital
2000 (55-01-03-68-15) Personnel Costs
1999 (55-02-01-68-01) Travel
1999 (55-02-01-68-02) Contractual/Supplies
1999 (55-02-01-68-03) Energy
1999 (55-02-01-68-04) Capital Outlay
2000 (55-02-01-68-01) Travel
2000 (55-02-01-68-02) Contractual/Supplies
2000 (55-02-01-68-03) Energy
2000 (55-02-01-68-04) Capital Outlay
2000 (55-02-01-68-15) Personnel Costs
1995 (55-03-01-68-00) Operations/Capital
1999 (55-03-01-68-00) Operations/Capital
1998 (55-03-01-68-00) Contractual/Supplies
2000 (55-03-01-68-00) Operations/Capital
2000 (55-03-01-68-15) Personnel Costs
1998 (55-04-01-68-00) Operations/Capital
1999 (55-04-01-68-00) Operations/Capital
2000 (55-04-01-68-00) Operations/Capital
2000 (55-04-01-68-15) Personnel Costs
2000 (55-04-40-68-15) Personnel Costs
1999 (55-04-50-68-02) Contractual/Supplies
1999 (55-04-50-68-04) Capital Outlay
1999 (55-04-50-68-03) Energy
1997 (55-04-50-68-02) Contractual/Supplies
2000 (55-04-50-68-02) Contractual/Supplies
2000 (55-04-50-68-03) Energy
2000 (55-04-50-68-04) Capital Outlay
2000 (55-04-50-68-15) Personnel Costs
1999 (55-04-60-68-00) Operations/Capital
2000 (55-04-60-68-00) Operations/Capital
2000 (55-04-60-68-15) Personnel Costs
1997 (55-04-70-68-02) Contractual/Supplies
1998 (55-04-70-68-02) Contractual/Supplies
1998 (55-04-70-68-03) Energy
1998 (55-04-70-68-04) Capital Outlay
1999 (55-04-70-68-02) Contractual/Supplies
1999 (55-04-70-68-03) Energy
1999 (55-04-70-68-04) Capital Outlay
2000 (55-04-70-68-05) Storm Contingency
2000 (55-04-70-68-02) Contractual/Supplies
2000 (55-04-70-68-03) Energy
2000 (55-04-70-68-04) Capital Outlay
2000 (55-04-70-68-15) Personnel Costs
1998 (55-04-80-68-00) Operations/Capital
1999 (55-04-80-68-00) Operations/Capital
2000 (55-04-80-68-00) Operations/Capital
2000 (55-04-80-68-15) Personnel Costs
1997 (55-04-90-68-00) Operations/Capital
1997 (55-04-90-68-02) Contractual/Supplies
1998 (55-04-90-68-02) Contractual/Supplies
1998 (55-04-90-68-03) Energy
1998 (55-04-90-68-04) Capital Outlay
1999 (55-04-90-68-01) Travel
1999 (55-04-90-68-02) Contractual/Supplies
1999 (55-04-90-68-03) Energy
1999 (55-04-90-68-04) Capital Outlay
2000 (55-04-90-68-01) Travel
2000 (55-04-90-68-02) Contractual/Supplies
2000 (55-04-90-68-03) Energy
2000 (55-04-90-68-04) Capital Outlay
2000 (55-04-90-68-15) Personnel Costs
1995 (55-06-01-85-80) DTA Operations
1987 (55-06-01-85-80) DTA Operations
1998 (55-06-01-85-72) Transit Operations
1999 (55-06-01-85-72) Transit Operations
2000 (55-06-01-85-70) Transit Administration
2000 (55-06-01-85-71) Transit Ops Plng/Cust Serv
2000 (55-06-01-85-72) Transit Operations
2000 (55-06-01-85-81) Newark Transportation
2000 (55-06-01-85-83) Kent & Sussex
2000 (55-06-01-85-89) Taxi Service
1987 (55-06-01-85-99) Capital Outlay
1995 (55-07-10-68-06) Operations/Capital
1996 (55-07-10-68-00) Operations/Capital
1998 (55-07-10-68-00) Operations/Capital
1999 (55-07-10-68-00) Operations/Capital
2000 (55-07-10-68-00) Operations/Capital
2000 (55-07-10-68-15) Personnel Costs

Section Section 1 of this Act makes an appropriation in the amount of $37,894.4 to the Division of Highway Operations, Maintenance Districts (55-04-70) and $7,072.6 to the Division of Highway Operations, Toll Administration (55-04-90). Additionally, the Turnpike Operating Reserve Fund is authorized at $843.8.

The appropriation for both units may be allocated among the State’s toll roads as follows:

LINE ITEM TOLL OPERATIONS MAINTENANCE TOTAL ALL
I-95 SR-1 Interstate, I-95, SR-1
Personnel Costs 2,485.3 2,367.4 3,445.5 8,298.2
Energy 98.4 272.9 242.7 614.0
Capital Outlay 55.0 51.0 66.0 172.0
Contractual/Supplies 1,016.2 700.4 1,749.4 3,466.0
Travel 26.0 0.0 0.0 26.0
TOTALS 3,680.9 3,391.7 5,503.6 12,576.2
TOTAL POSITIONS 67.0 64.0 84.0 215.0

Section Section 1 of this Act makes an appropriation to Maintenance Districts (55-04-70) in the amount of $2,500.0 to establish a Special Line called "Snow/Storm Contingency" that will provide for the expenses of weather/emergency operations. Notwithstanding any other provision of law to the contrary, any sums in this account not expended by the end of a fiscal year, shall be carried over for use in future fiscal years, with appropriate transfers to current fiscal year accounts. The Department shall be allowed to transfer funds from this account to divisions on an as needed basis, for expenditures incurred. The Department may also transfer funds to municipalities and other qualified entities to reimburse them pursuant to contracts entered into by the Department and the municipality to keep transit routes open during snow and storm emergencies. The transfer of funds from this account shall not require the approval of the Budget Director or the Controller General. The Department must provide a semi-annual expenditure report on or before May 1 and November 1 of each fiscal year.

Section Section 1 of this Act includes 1.0 TFO position and $91.6 TFO to implement the recommendations of the 1998 Delaware Department of Transportation Operations Review. The Secretary of Transportation shall submit for approval to the Budget Director and Controller General a plan outlining appropriate position classification including job duties and responsibilities for the 1.0 TFO FTE. Upon formal establishment of this position, the Budget Director and Controller General are authorized to transfer the position with the necessary TFO authorization to the appropriate budget unit.

Section Section 1 of this Act appropriates $95.1 in personnel costs and 1.0 TFO position to the Office of the Secretary (55-01-01). This appropriation is provided to continue funding position #70127 created to administer the Program Management Unit and implement the recommendations of the 1998 Delaware Department of Transportation Operations Review. Upon vacancy by the current incumbent, position #70127 will be deleted.

Section During Fiscal Year 2001, the Department of Transportation shall be prohibited from changing its departmental policy regarding access pipe installation on private homeowner entrances. Specifically, the Department shall not charge said homeowners for the labor costs associated with the installation of the access pipe.

Section Amend §8411, Title 29, Delaware Code by creating a new subsection (8) to read as follows:

“(8) Director of Division of Pre-Construction.”

Section The incumbent in the position of Deputy Director Transportation Engineering (position #10615) on the effective date of this Act shall become the Director of Pre-Construction and shall retain all current duties and responsibilities.

LABOR

Section (a) Section 1 of this Act provides an appropriation of $235.2 to Employment and Training, Training Services (60-09-20) for the Delaware State Summer Youth Employment Program to operate a ten-week program commencing July 1, 2000. This sum is to be allocated in the following manner:

New Castle County (outside the City of Wilmington) $ 70.4

City of Wilmington 70.8

Kent County 47.0

Sussex County 47.0

TOTAL $235.2

(b) Notwithstanding any other provision of the Delaware Code to the contrary, youths chosen for work under this program shall not be less than 14 years of age nor more than 20 years of age (except that work leaders may be 21 years of age) and shall be required to provide evidence of same before becoming eligible. All youths participating in the state-assisted program shall be required to present a letter from their parents or guardian indicating their consent to work and also releasing the State of Delaware and the sponsoring agency from any liability for assignments in the low-risk jobs that will be available.

Preference shall be given to those youths who are members of single-parent households whose income does not exceed $15.0 annually and applicants who qualify, based upon parental income guidelines, for two-parent households of $26.0 or less. Notwithstanding income limits provided for participation in the State Summer Youth Employment Program, consideration may be given to other applicants at a ratio of at least eight applicants qualified on income to three persons considered beyond the income limits.

Any non-profit or tax exempt organization certified by the Department of Labor may be authorized to be a sponsoring agent for the state-assisted youth work program.

Sponsoring agents shall be required to submit a plan or project of activity of meaningful and productive work experience providing such details as the department shall deem necessary before becoming eligible as a sponsoring agent.

The sponsoring agent shall provide one work leader for each 20 youths employed in the program to supervise and monitor the attendance and work performance of the youths selected for the program. Work leaders shall be paid no more than $5.65 per hour and shall work no longer than eight hours per day and five days per week.

In each of the political subdivisions wherein funds have been appropriated, no more than $5.0 shall be expended for administrative purposes and no more than $2.0 shall be expended for equipment, supplies and mileage.

A record of all equipment and supplies purchased with funds herein appropriated shall be kept by the sponsoring agent, and at the conclusion of the ten-week program such supplies and equipment shall be reverted to the Department of Labor.

(c) The funds appropriated for the Delaware State Summer Youth Employment Program shall not be co-mingled with funds appropriated from any other source. The guidelines for youth employment and administrative costs for all persons employed in the State Summer Youth Employment Program shall be based in accordance with prior years practice of payment for services.

Section Section 1 of this Act appropriates $65.0 General Fund Contractual Services to the Division of Employment and Training. This appropriation is to be used to fund a non-profit professional apprenticeship and training program for young Delawareans ages 18-30. The training and apprenticeships shall include leadership skills, team building, problem solving and community issues.

AGRICULTURE

Section Section 1 of this Act appropriates $903.4 in ASF to the Harness Racing Commission and $713.7 in ASF to the Thoroughbred Racing Commission, respectively, for operational expenses. Each Commission’s revenues, derived from fees, fines and licenses, shall be used to cover their respective operational expenditures. Should revenues be insufficient to cover the operational costs of either Commission, funds may be transferred from State Lottery revenues (Title 29, Chapter 48, Section 4815, Delaware Code) to cover such shortfalls with the concurrence of the Budget Director and the Controller General.

Section Section 1 of this Act includes ASF funding and ASF position authorizations in the Department of Agriculture, Harness Racing Commission IPU (65-01-05). Three of these positions shall be used for the State Steward, the Presiding Judge and one Associate Judge. These positions shall be exempt from the classified service as provided in Title 29, Chapter 59 of the Delaware Code. The compensation for these positions shall be determined by the Harness Racing Commission. Persons appointed by the Commission to fill these positions shall be eligible for membership in the State Pension Plan, for coverage under the life and health insurance programs for State employees, and for worker's compensation benefits as State employees, but, because of the nature of these positions, they shall not be eligible for annual leave, sick leave or compensatory time.

Section Section 1 of this Act includes ASF funding and ASF position authorizations in the Department of Agriculture, Thoroughbred Racing Commission IPU (65-01-10). Three of these positions shall be used for the Racing Stewards. These positions shall be exempt from the classified service as provided in Title 29, Chapter 59 of the Delaware Code. The compensation for these positions shall be determined by the Thoroughbred Racing Commission. Persons appointed by the Commission to fill these positions shall be eligible for membership in the State Pension Plan, for coverage under the life and health insurance programs for State employees, and for worker's compensation benefits as State employees, but, because of the nature of these positions, they shall not be eligible for annual leave, sick leave or compensatory time.

Section Section 1 of this Act makes an appropriation to the Nutrient Transport program. These funds are appropriated to support projects that transport poultry and animal waste, including litter, for alternative use projects and for transporting the poultry and animal waste to cropland showing a need for these nutrients as indicated by a nutrient management plan. Of this appropriation, $100.0 shall be used for projects that will remove the nutrients from Delaware and the remainder shall be used for farm to farm relocation within Delaware. Reimbursement of transportation shall not exceed $20 per ton of poultry or non-poultry waste. The program shall be developed and implemented by the Delaware Department of Agriculture according to the guidelines established by the Delaware Nutrient Management Commission. The Delaware Nutrient Management Commission shall provide a report to the Controller General and the Budget Director on the expenditure of these funds on or before December 1, 2000.

Section Section 1 of this Act makes an appropriation to the Nutrient Management Contingency. These funds may be used for the sole purpose of nutrient relocation and/or nutrient management planning.

Section Section 1 of this Act makes an appropriation to the Department of Agriculture, Nutrient Management Section (65-05-12) for Nutrient Transport to be used according to the guidelines established by the Nutrient Management Commission as provided for under Section 2220(a)(4) of Title 3 of the Delaware Code.

Section Amend Title 3, Chapter 22, §2222 (f) by striking it in its entirety and substituting in lieu thereof the following:

“(f) Each appointed member of the Commission shall receive compensation of $100.00 per meeting. Commission members shall be compensated for no more than 16 meetings per year. Commission members shall be entitled to be paid reasonable expenses for traveling to and from any Commission or Commission sub-committee meeting or conference attended on official business for the Commission.”

Section Section One of this Act appropriates $16.5 and .5 GF FTEs to the Department of Agriculture, Plant Industries (65-01-08) to support the Grain Inspection program. The funding and position are contingent on passage of House Bill 600 of the 140th General Assembly or similar legislation. If this bill or similar legislation is not enacted, the appropriation shall revert to the General Fund and the position deleted.

ELECTIONS

Section While conducting an election or referendum for any Public School district, the district may not charge rent or custodial fees associated with the use of its space. For the clarification of County Department of Elections costs relating to public school district elections, Smyrna School District and Milford School District elections will be conducted by Kent County Department of Elections; Woodbridge School District elections will be conducted by Sussex County Department of Elections.

Section The Department of Elections may indemnify and hold harmless any U.S. Government entity for claims of damages arising from the State of Delaware contracting with said entity for the purposes of using their facility as a polling place to conduct elections. Furthermore, the State of Delaware shall purchase insurance against said claims of damage to protect against such claims and indemnify the U.S. Government.

Section Volume 70, Chapter 515, Laws of Delaware transferred the responsibility for the conduct of school board, referenda and bond issue elections to the Department of Elections, should this law be funded by the General Assembly.

Funding included in Section 1 of this Act provides an appropriation to the Department of Elections, Commissioner of Elections (70-01-01) in the amount of $442.2, which includes all costs for transporting voting machines used in all public school elections.

The Department of Elections for the county responsible for conducting a public school election shall appoint, compensate and train an inspector and such election officers as it deems necessary to properly staff the polling places designated for use in a public school election. The respective Department of Elections shall also designate two of the other election officers to join with the inspector in deciding all questions regarding voter eligibility. All other questions concerning operation of the polling place shall be decided by the inspector.

The total statewide expenditures for school elections shall not exceed the amount appropriated in Section 1 of this Act or approved transfers for said purpose.

Section Section 1 of this Act contains an appropriation ,(70-01-01) titled Voter Purging, for the purpose of assisting the Department of Elections with its statewide efforts to maintain the voter rolls in an orderly manner.

Section For purposes of designating and procuring polling places for primary, general and special elections, the respective county department of elections shall pay a rental fee totaling $.2 for each facility used, no matter how many election districts are assigned to that facility.

Section The Department of Elections for New Castle County is authorized to establish a satellite office in the department’s warehouse and is further authorized to perform the same voter registration and absentee voting tasks as performed in accordance with Title 15, Delaware Code, in the department’s Wilmington office.

FIRE PREVENTION

Section During the first six months of Fiscal Year 2001, the State Fire School may borrow a sum not greater than $50.0 ASF from the State Fire Marshal's Office available Appropriated Special Fund revenues. This will permit the State Fire School to operate during the beginning of the fiscal year when its revenue balance is low. The State Fire School shall repay the borrowed amount as revenues allow, but must fully reimburse the State Fire Marshal's Office by June 30, 2001.

Section Section 1 of this Act provides an appropriation of $100.0 to the State Fire Prevention Commission (75-03-01) in the line item "Statewide Fire Safety Education". These funds are to be matched by members of the Delaware Association of Volunteer Firemen and are to be used for the purpose of operating a Statewide Fire Safety Education Program.

Section Of the funds appropriated in Section 1 of this Act to the Fire Prevention Commission (75-03-01) in the line item "Contingency - Extraordinary Expenses", an amount not to exceed $20.0 may be used to reimburse volunteer fire companies which incur extraordinary expenses. These funds may be disbursed to volunteer fire companies only for extraordinary expenses at the discretion of the Fire Prevention Commission upon the request of a volunteer fire company. An extraordinary expense under the provisions of this Act shall be defined as those expenses for which a volunteer fire company would not normally prepare for in its company budget and are not covered by said company's own private insurance.

Section Section 1 of this Act appropriates $5.0 to the State Fire Marshal’s Office (75-01-01) for the purchase of smoke detectors and educational materials for the Juvenile Firesetter Intervention Program. Section 1 also includes a one-time appropriation of $10.0 for the purchase of smoke detectors and educational materials to target low-income families and the hearing impaired.

Section Section 1 of this Act includes a one-time appropriation of $160.5 to the State Fire Prevention Commission (75-03-01) for the reimbursement of EMT B training. Any volunteer EMS provider who received EMT B certification after June 16, 1998, is eligible for reimbursement. Any person receiving reimbursement and does not remain active in the volunteer EMS service for at least six months will be required to return the cost of the tuition to the Fire Prevention Commission.

Section Section 1 of this Act makes a one-time appropriation of $25.0 to the State Fire School (75-02-01) for the establishment of the Combustive Gas Analysis Study with the approval of the Delaware State Fire Commission. This study shall be conducted in conjunction with the National Fire Protection Research Foundation.

NATIONAL GUARD

Section Section 1 of this Act provides an appropriation to Delaware National Guard?(76-01-01)?for energy. Within this appropriation, sufficient energy funds are included to defray energy expenses of the Lora Little School building that are not directly attributable to occupancy by the Delaware National Guard.

HIGHER EDUCATION

Section (a) Section 1 of this Act provides an appropriation for "Operations" of the University of Delaware (90-01-01) and an appropriation for "Operations" of the Delaware Geological Survey (90-01-02). This figure includes total state assistance for University operations costs as well as funds required to be appropriated by Title 29, Section 5505(6), Delaware Code. The appropriation for "Operations" of the University of Delaware includes $2,373.9 for energy.

(b) The University of Delaware shall pay on a regularly scheduled basis as determined by the Secretary of Finance to the State Treasurer, at a rate determined under Title 29, Section 6340, Delaware Code, or otherwise by the Secretary of Finance, the amount of all fringe benefits applicable to salaries and wages paid to employees of the University of Delaware as the term "employee" is defined in Title 29, Sections 5501(a) and 5505, Delaware Code, or any other fringe benefit costs applicable to the University of Delaware.

(c) Section 1 of this Act provides an appropriation for "Operations" of the University of Delaware (90-01-01). Included in that appropriation is the increased amount for library books of $200.0.

(d) Section 1 of this Act provides an appropriation for MCI/Equipment. These funds shall not be subject to reversion until June 30, 2003.

(e) Section 1 of this Act provides an appropriation for “Operations” of the University of Delaware (90-01-01). Included in this appropriation is $47.0 for travel. Of this amount, any funds used for in-state travel shall be subject to the state guidelines on mileage reimbursement.

Section Section 1 of this Act appropriates amounts for "Scholarships", "Agricultural Programs" and "Other Programs" to the University of Delaware (90-01-01). Those amounts shall be allocated as follows:

Scholarships:

General Scholarships $ 2,135.4

Scholarships 1,771.9

Minority Student Recruitment 1,303.4

Aid to Needy Students 1,355.9

Governor’s Scholars Program 486.7

Student Employment Program 136.9

Academic Incentive 114.6

Total $ 7,304.8

Agricultural Programs:

Agricultural Experimental Station $ 650.2

Agricultural Cooperative Extension 772.0

Agricultural Research and Education Center 451.9

Poultry Disease Research 554.5

Crop Extension 278.1

Agricultural Environmental Quality 182.3

Soil Testing and Pesticide Control 314.0

Diagnostic Poultry Program 140.7

Total $ 3,343.7

Other Programs:

Sea Grant $ 486.9

Urban Agent Program 118.2

Public Service and Applied Research Projects 392.8

Research Partnership Fund 1,252.6

Minority Recruitment 255.1

Financial Services Center 31.0

Local Government Research and Assistance 247.6

Graduate Education (Southern Delaware) 71.0

Library Automation 52.0

MALS/BALS - Southern Delaware 61.6

Nurse Practitioner 235.6

Science, Engineering and Technology Service Program 137.8

Management Training and Technical Assistance 57.6

Molecular Biology/Biotechnology Program 438.7

Math/Science Education for DE Teachers 579.9

Advanced Materials 214.9

Center for Community Development and Family Policy 269.9

Training and Research (Educational Management) 104.8

Computer Aided Math Instruction 80.0

Advanced Electronics and Materials Initiative 627.5

Field Hockey Coach 31.8

Delaware Center for Teacher Education 311.4

Research on School Finance Issues 79.4

Delaware Education Research and Development Center 208.6

Delaware Research Scholars Program 96.0

Milford Professional Development School 104.2

Information Technology Partnership 2,275.7

ITV Technician 91.4

Core Content Teacher Education 278.1

Biotechnology 649.6

Computer Aided Instruction, Arts & Science 100.0

Clinical Instruction in Teacher Education 210.0

Early Childhood Education 100.0

Civics Education for Teachers 100.0

Education Resource Center 52.0

Biotechnology Institute 275.0

Total $10,678.7

Section Section 1 of this Act appropriates $1,252.6 for the “Research Partnership Fund” at the University of Delaware, subject to the following:

(a) This appropriation shall be used to match, at least on a dollar-for-dollar basis, grants or contracts from private industry to conduct cooperative research with the University. The objective of the cooperative research efforts shall be to attract new high-technology research facilities and industries to locate within the State of Delaware;

(b) This appropriation shall be used to match “new” money and cannot be allocated to any projects in progress; and,

(c) Approximately 40 percent of the Research Partnership Funds will be used to support small start-up companies located in Delaware, 40 percent will be used to support research within large corporations, and 20 percent will be used to support the University of Delaware Research Institute; and,

(d) The University President shall submit to the Governor, members of the General Assembly, the Budget Director, and the Controller General, within 120 days after the close of each fiscal year, a report containing an account of how these funds were expended; what new industrial research organizations were attracted to the State; and plans for the ensuing fiscal year.

Section Section 1 of this Act provides an appropriation to the University of Delaware (90-01-01) for Agricultural Programs. Within that appropriation are sufficient funds to fully fund 5.0 Agricultural Extension Agents in New Castle County, 3.0 Agents in Kent County and 2.5 Agents in Sussex County. Additional funding is provided for 1.0 Agricultural Extension Engineer to be based at the Agriculture Research and Education Center.

Section Section 1 of this Act provides an appropriation to the University of Delaware for the Milford Professional Development School. The University and the Milford School District shall submit to the Controller General and the Budget Director, by March 1, 2001, a joint report detailing the implementation status of this program as it relates to the appropriation herein.

Section Section 1 of this Act appropriates $163.5 to Delaware State University for the establishment of an Early Childhood Montessori Teacher Training Program in Wilmington. The University shall submit to the Controller General and the Budget Director, by September 1, 2000, a report detailing the progress of this program.

Section Section 1 of this Act makes an appropriation to Delaware State University (90-03-01) for General Scholarships. Of that amount, $22.0 shall be for state scholarships for high ability students, $20.0 shall be for departmental scholarships to attract high achievers into the sciences and $100.0 shall be for scholarships to attract high ability students into the teaching program.

Section For the fiscal year covered by this Act, in order to continue the assessment of procedures implemented during Fiscal Year 1993 intended to reduce the administrative burden incurred as a result of processing accounting transaction data into two independent accounting systems, the Budget Director has authorized Delaware State University to:

(a) Discontinue detail data input to the Delaware Financial Management System (DFMS) for encumbrance and vendor payment transactions related to General Fund, federal financial assistance and college funds;

(b) Effect vendor payment disbursements of the above identified funds on Delaware State University checks, generated through the University Accounting System and drawn on a University bank account; and,

(c) Summarize General Fund and federal financial assistance fund disbursements on a weekly, post disbursement basis, and draw down the corresponding amounts through the standard DFMS Payment Voucher process.

This authorization does not provide for any change to the processing of encumbrances and vendor payment transactions related to Bond/Capital funds; it does not affect payroll processing and does not relax or alter any control requirements prescribed by law or policy related to procurement, encumbrance and payment activity.

The University shall comply with specific procedures developed and prescribed by the Office of the Budget and the Department of Finance, Division of Accounting. In addition, the University shall cooperate fully with the Office of Auditor of Accounts to aid in any review or examination of the University's accounting procedures, records and system.

Operations as enabled by this section shall be periodically reviewed and evaluated during the stated period by the Office of the Budget, the Department of Finance and the Office of Auditor of Accounts. Any procedural/control weaknesses identified shall be addressed and resolved, and this authority may be withdrawn for cause at any time during the stated period, with the allowance that Delaware State University will be provided reasonable time to revert to standard processes.

Section Section 1 of this Act provides funds for Delaware State University (90-03-01) MCI/Equipment. These funds shall not be subject to reversion until June 30, 2003.

Section Contingent upon the passage of House Bill No. 512, amend Section 6503 of Title 14 of the Delaware Code as follows by inserting as new subsections (b)(1), (2), and (3) as follows:

“(b)(1) The University may appoint such number of police officers as are necessary to preserve the peace and good order of the University, and such officers shall be known as the “University Police” and shall be supervised by a Director. They shall have jurisdiction on the University campuses.

(2) The University police shall be law-enforcement officers of the State and conservators of the peace with the right to investigate and arrest, in accordance with the laws of the State, any person for violation of federal or state laws or applicable county or city ordinances when such violations occur on any properties or facilities which are under the supervision, regulation and control of the Delaware State University or on contiguous streets and highways.

(3) The provisions of this section shall neither reduce nor restrict the jurisdiction of other duly appointed peace officers who are empowered to enforce federal or state laws or applicable county or city ordinances on the property of the Delaware State University.”

Section Section 1 of this Act provides an appropriation to Delaware Technical and Community College, Office of the President (90-04-01), for Parallel Program Operations and Parallel Program Academics. This appropriation is to assist in the provision of the Delaware Technical/University of Delaware Parallel Program which will be operated jointly by the two institutions under a contract initiated by Delaware Technical and Community College. Under this contract, the University of Delaware will teach students at Delaware Technical and Community College's facilities. Future budget requests will be made jointly by Delaware Technical and Community College and the University of Delaware, and budget cuts, if necessary, will be shared on a pro rata basis. Approval of tuition and other fees will be made by the Board of Trustees of the institution that delivers the relevant service and after the institutions have reached an agreement for tuition sharing. Representatives from both institutions will meet at least once each semester to review program operations.

Section Section 1 of this Act provides funds for Delaware Technical and Community College (90-04-00) MCI/Equipment. This appropriation may be utilized for the acquisition of computer hardware and software. These funds shall not be subject to reversion until June 30, 2003.

Section Section 1 of this Act contains an appropriation of $247.7 for the Delaware Institute for Veterinary Medical Education (DIVME) (90-07-01). Notwithstanding current Laws of Delaware relating to the DIVME Program, these funds shall be used to provide tuition support for up to eight persons at the Virginia-Maryland Regional College of Veterinary Medicine for Delaware residents accepted to veterinary school. These funds may also be used for assistance of up to two additional Delaware residents accepted to a veterinary medicine program at the University of Georgia.

EDUCATION

Section At the end of Fiscal Year 2000, all Division II – All Other Costs, Division II – Energy, Division III – Equalization Funds and Education Expense and Property Tax Relief Funds shall become a continuing appropriation in each local school district for the period of one fiscal year. The provisions of this Section shall apply only if the end of the year balance is greater than $250.00 in an individual appropriation.

Section The Department of Education, per the implementation of Senate Bill 260 of the 140th General Assembly, is authorized to implement the following:

(a) Salary adjustments for employees paid under Title 14, Chapter 13, Section 1305, Delaware Code, and who are employed on a 10-month contract, shall be retroactive to September 1, 1999, or to the commencement of the 1999-2000 school year, whichever is earlier. For all other employees paid under Section 1305, salary adjustments shall be retroactive to September 1, 1999.

(b) Funding shall be provided for state-funded positions to cover the state share of the retroactive payment for eligible employees for Division I and for state-funded positions outside of Division I.

(c) Local school districts with federally funded employees who are eligible for the retroactive payment shall provide such payment with federal funds. If such funds have expired and/or the federal grant application can not be amended, state funding may be provided to cover the retroactive payment, subject to the approval of the Department of Education.

(d) Payment shall be provided for eligible employees who have achieved certification from the National Board for Professional Teaching. This stipend shall be retroactive to September 1, 1999, or to the commencement of the 1999-2000 school year, whichever is earlier.

(e) Per Title 14, Chapter 5, Section 509, Delaware Code, charter schools shall be provided retroactive payment based on the revised Section 1305, Title 14 salary schedule as set forth in Senate Bill 260.

(f) For eligible educators who are currently on a temporary certificate, a prorated, retroactive payment shall be provided effective May 3, 2000.

For Fiscal Year 2001, employees who have been issued a temporary certificate for a third or fourth year due to failure to pass Praxis I shall continue to receive a 10 percent salary reduction. Employees currently on a temporary certificate as a result of being assigned to an area outside the area of certification shall not receive a 10 percent salary reduction.

For those state-funded eligible employees that are paid the state share of the retroactive salary increase after July 1, 2000, the funding appropriated in Section 1 of this Act to the Department of Education (95-00-00) may be used to absorb these costs. If after making a good faith effort, the local school district, or the Department of Education, is unable to identify and compensate a previously terminated employee prior to June 30, 2001, the obligation for payment of retroactive compensation as provided for in Senate Bill 260 shall become null and void.

For the purposes of implementing stipends for lead mentors, such stipends shall not be paid until the Professional Standards Board, with the approval of the State Board of Education, has authorized the stipend per the provisions of Senate Bill 260.

The effective date of any supplements associated with skills and knowledge, leadership, lead mentor, and other National Board certificates shall be determined by the Budget Director and Controller General, in consultation with the Department of Education, and upon approval by the Professional Standards Board and the State Board of Education.

Section Notwithstanding the provisions of Section 20 of this Act, the Department of Education in conjunction with the Budget Office, the Office of the Controller General and the State Personnel Office shall form a committee to conduct an assessment of salaries currently being provided to educational support personnel. The committee will seek input from various stakeholders. This assessment shall include the evaluation of paraprofessional, custodial, secretarial, and food service salaries. Upon completing such assessment, the committee shall submit any resulting recommendations to the Governor and the Co-Chairs of the Joint Finance Committee on or before December 1, 2000.

Section Section 1 of this Act makes an appropriation to Office of the Budget Contingencies and One-Time Items (10-02-04) for One-Time Appropriations. Of this amount, $780.0 shall be used for School Library Resources per the provisions of Senate Bill No. 334 of the 140th General Assembly or similar legislation. If this bill or similar legislation is not enacted, the appropriation shall revert to the General Fund of the State of Delaware.

Section Amend §509(b)(1), Title 14, Delaware Code by inserting after the third sentence the following:

“Furthermore, a charter school which was in operation as of September 15, 1999, shall receive from the state an amount based on the Education Expense and Property Tax Relief Fund allocations to be determined by weighting the funding that would have been generated by its students had they been counted in their district of residence.”

Section Amend §1318(g), Title 14 of the Delaware Code by deleting the fraction "1/261" as it appears therein and substituting in lieu thereof the fraction "1/222".

Section Amend §1318A(b)(10), Title 14 of the Delaware Code by deleting the number "261" as it appears therein and substituting in lieu thereof the number "222".

Section Amend §1320, Title 14 of the Delaware Code by deleting the fraction "1/261" as it appears therein and substituting in lieu thereof the fraction "1/222".

Section For any section in the Delaware Code that makes reference to the annual work year for teachers and paraprofessionals in terms of days, such reference can be converted to equivalent hours as follows:

180 Regular Days x 7.5 hours = 1,350.0 hours

7 Staff Development Days x 5.5 hours = 38.5 hours

Section Amend Title 14, Section 1321(a), Delaware Code by deleting “10” where it appears in the second sentence of the second paragraph and replacing it with “11”.

Section The annual state salaries contained in Title 14, Chapter 13 are based upon the following:

Schedule Hours Per Day Days Per Year

Schedule 1305 7.5 187

Schedule 1308 7.5 261

Schedule 1311 8.0 261

Schedule 1322(a) 7.0 185

Schedule 1324 7.5 185

Schedule 1326 7.5 Not applicable

Absent an existing collective bargaining agreement to the contrary, district employees who work less than the specified time shall have their annual salary adjusted accordingly. Upon ratification of a new or extension of an existing collective bargaining agreement, the local district shall establish hours and days worked that are consistent with those specified above.

Section During Fiscal Year 2001, the Department of Education shall develop rules and regulations consistent with hours per day with respect to the inclusion or exclusion of lunch plus the amount of time required for the discharge of such duties and services as may be reasonably expected and required.

Section (a) The positions included in Section 1 of this Act that are authorized to the Department of Education shall be assigned in the manner shown on the Organization Chart submitted with the Fiscal Year 2000 Budget Act.

(b) The Secretary of Education is authorized to undertake a review of the organization of the Department of Education pursuant to the provisions of Section 103(a)(4), Title 14, Delaware Code. Upon completion of the review, the Secretary may present a reorganization plan to the co-chairs of the Joint Finance Committee (JFC) and obtain written approval of the co-chairs. Upon approval of the co-chairs, the Secretary shall obtain the written approval of the Governor, as required under Section 103(a)(4), Title 14, Delaware Code. Pursuant to the provisions of Section 103(a)(2), this written approval shall constitute approval for the Secretary to fix the salaries of certain officers within the Department, provided, however, that the level of salary shall be clearly delineated in any reorganization plan presented to the JFC co-chairs and the Governor.

Section The Department of Education shall continue to provide funding through its discretionary federal special education funds for a portion of the education costs associated with prison inmates aged 18 to 21 years, who qualify as special education students.

Section The Department of Education shall continue to work towards the implementation of school-level financial data during FY 2001. Due to the State’s movement from the DFMS to ASAP, the Department shall work with the Department of Finance in the design of the new accounting system.

Section For Fiscal Year 2001, the inflation factor for the local per pupil payments required under the state’s Enrollment Choice Program, as specified in Title 14, Section 408(e), Delaware Code, and for the local per pupil payments required under the state’s Charter School Program, as specified in Title 14, Section 509(d), Delaware Code, shall be 2.0 percent.

Section Local school districts shall provide a preliminary report to the Department of Education by March 1, 2001 indicating how funding appropriated for Division II - All Other Costs and Division III - Equalization will be used to support vocational education programs within the district. If the funding expended on vocational programs is less than the amount generated based upon the September 30 unit count, the district shall indicate how the balance of funds will be expended. Local districts shall submit a final report reflecting actual expenditures to the Department of Education by July 31, 2001. The Department of Education shall forward a copy of these reports to the Budget Director and the Controller General.

Section Any course offered at a Vocational Technical high school may be offered in the comprehensive high schools if a sufficient student interest can be demonstrated as determined by the Secretary of Education.

Section Amend Title 14, Chapter 17, Section 1703(j) by deleting the section in its entirety and substituting in lieu thereof the following:

“(j) Effective for the Fiscal Year beginning July 1, 2001, each public high school may hire an occupational/vocational teacher for an additional 37 days for participation in program development and oversight of summer vocational-occupational cooperative programs. Commencing in FY 2002, these teachers shall be entitled to payment of the state share of salaries at the rate of 1/189 of their entitlement for a full school year multiplied by the number of days employed. Commencing in FY 2003 and beyond, these teachers shall be entitled to payment of the state share of salaries at the rate of 1/190 of their entitlement for a full school year multiplied by the number of days employed.”

Section Section 1 of this Act makes an appropriation to Public Education, State Board of Education and State Board for Vocational Education and Department of Education, State Board and Department of Education (95-01-01) for Educator Certification and Development activities. This appropriation is intended to offset Department of Education expenditures in the following areas: standard setting for PRAXIS II; teacher and administrator assessment procedures; revision and update of teacher and administrator evaluation procedures (DPASII); diversity recruiting; professional recertification and expanding the Alternative Route to Teacher Certification program.

Section Section 1 of this Act provides an appropriation of $529.5 to Public Education, State Board of Education and State Board for Vocational Education and Department of Education, State Board and Superintendent and Department of Education (95-01-01) for Standards and Assessment. Part of the Standards and Assessment program agenda is to support the development and completion of performance indicators.

Section Section 1 of this Act makes an appropriation of $35.0 to Public Education, State Board of Education and State Board for Vocational Education and Department of Education, State Board and Department of Education (95-01-01) for Odyssey of the Mind. This appropriation shall be made available to school students to assist in defraying out-of-state travel expenses associated with this program.

Section Section 1 of this Act makes an appropriation of $500.0 to Public Education, State Board of Education and State Board for Vocational Education and Department of Education, State Board of Education and Department of Education (95-01-01) for Student Mentoring. Of this amount $350.0 shall be used by the Department of Education to review and award grants competitively to schools with grades kindergarten through eighth grade. Programs selected shall provided at-risk children with academic tutoring and instruction, with the involvement of parents and volunteer mentors. School districts shall make direct application to the department of behalf of individual school buildings, addressing in their proposal the following: (a) one on one tutoring for academically at risk students; (b) early childhood preventive intervention strategies; (c) adherence to academic standards as adopted by the State Board of Education; (d) parental involvement; and (e) provision of program evaluation and performance evaluation. Local schools are encouraged to utilized such programs for students during non-core academic class time. Grant awards for individual schools, of no more then $30,000 each, shall be determined by the department no later than November 30, 2000, and funds shall be allocated by December 31, 2000. The remaining $150.0 may go to the University of Delaware for the Delaware Mentoring Council for technical assistance and professional development for mentors and other activities.

Section (a) It is the intent of the General Assembly that the sum of $7,119.1 allocated in Section 1 of this Act be used for Minor Capital Improvements and annual maintenance to school buildings. These funds shall not be subject to reversion until June 30, 2003.

(b) This amount shall be paid by the Department of Education to local districts in the following amounts. Districts may use up to 20 percent of the amount shown without the prior approval of a project plan by the Department of Education.

Maximum Maximum

School District State Share Local Share Total Cost

Appoquinimink $267,468 $178,312 $445,780

Brandywine 673,988 449,325 1,123,313

Special 3,841 0 3,841

Christina 1,155,795 770,530 1,926,325

Special 71,407 0 71,407

Colonial 617,138 411,425 1,028,563

Special 11,918 0 11,918

New Castle Vo-Tech 343,248 0 343,248

Red Clay 930,819 620,546 1,551,365

Special 14,380 0 14,380

Caesar Rodney 320,890 213,927 534,817

Special 16,350 0 16,350

Capital 371,890 247,927 619,817

Lake Forest 206,540 137,693 344,233

Milford 227,342 151,561 378,903

Polytech 105,486 0 105,486

Smyrna 202,167 134,778 336,945

Cape Henlopen 236,206 157,471 393,677

Special 14,281 0 14,281

Delmar 43,556 29,037 72,593

Indian River 438,137 292,091 730,228

Special 16,251 0 16,251

Laurel 120,851 80,567 201,418

Seaford 221,609 147,739 369,348

Sussex Vo-Tech 115,335 0 115,335

Woodbridge 107,673 71,782 179,455

East Side Charter 4,728 3,152 7,880

Campus Community 17,729 11,819 29,548

Positive Outcomes 3,546 2,364 5,910

Wilmington Charter 32,621 21,747 54,368

Richard Milburn 5,910 3,940 9,850

Total to Schools $6,919,100 $4,137,733 $11,056,833

STATE BOARD OF EDUCATION 115,000 76,667 191,667

VOCATIONAL EQUIPMENT 85,000 56,667 141,667

TOTAL $7,119,100 $4,271,067 $11,390,167

Section Section 1 of the Act makes an appropriation of $250.0 GF to the Office of the Budget, Contingencies and One-Time Items (10-02-04) to fund House Bill 300 of the 140th General Assembly. Of the $250.0, $150.0 shall be made available to the City of Wilmington for the Wilmington Neighborhood Schools Committee for research and analysis. Of the $150.0, the Department of Education is authorized to transfer up to $50.0 during Fiscal Year 2000 to the City of Wilmington to offset start up costs. The remaining $100.0 shall utilized by the Department of Education and the State Board of Education to support the costs associated with reviewing and analyzing the local district plans and to support with outreach efforts.

Section Amend Title 14, Chapter 2, Section 203, Delaware Code, by inserting between the words “school” and “for” in the first sentence the words “or special programs” and inserting a new sentence at the end of said section to read as follows: “Such special programs may include, but are not limited to, bilingual programs or programs for pregnant students.”

Section Amend Title 14, Chapter 6, Section 604, Delaware Code, by deleting the title “Handicapped children” and inserting in lieu thereof a new Section 604 title to read as follows: “Handicapped and other special programs.”

Section Amend Title 14, Chapter 6, Section 602 (b), Delaware Code, by deleting said subsection and inserting in lieu thereof a new Subsection 602 (b) to read as follows: “In determining the tuition to be charged, the receiving district shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the authorized program and grades and attending all public schools in the receiving district as of September 30 of the current school year. The cost for the current year may be estimated cost and shall include an amount, added or subtracted from the estimate, which amount will represent the difference between the estimated and the actual costs of the tuition charges for the same purpose in the previous year. The resulting figure shall represent the amount of tuition charge per pupil in the current year. In Fiscal Year 1970 or later, the receiving district may include tuition charges for the previous year and the current year.”

Section Amend Title 14, Chapter 6, Section 602 (d), Delaware Code, by deleting said subsection and inserting in lieu thereof a new Subsection 602 (d) to read as follows: “For each pupil attending a public school of another district as of September 30, the receiving district shall bill the sending district and the sending district shall pay the tuition charges per pupil on or before January 1 of the fiscal year in which the bill is submitted to the sending district for payment. In the case of pupils attending the public schools of the receiving district for less than a full term, the tuition charge shall be prorated by reference to the period of time during which such pupils actually attended the receiving district’s schools, provided that attendance for part of any month shall be counted as a full month of attendance.

Section Amend Title 14, Chapter 6, Section 604 (a), Delaware Code, by inserting between the words “persons” and “the” in the second sentence the words “or special programs approved by the Department of Education for non-handicapped persons such as programs for bilingual students or programs for pregnant students,”.

Section Amend Title 14, Chapter 6, Section 604 (b), Delaware Code, by deleting said subsection and inserting in lieu thereof a new Subsection 604 (b) to read as follows: “In determining the tuition to be charged for a pupil attending special classes for the handicapped or approved special programs, such as bilingual programs or programs for pregnant students, operated by a district other than that in which the student resides or by an agency of the State Department of Education, the receiving district or the State Department of Education shall compute the tuition by adding such receiving district’s share of educational related expenses as allowed by the Department of Education regulations. The sum so obtained shall be divided by the total number of pupils in the special program as of September 30 of the current school year. The resulting figure shall represent the amount of the “tuition charge” per pupil.”

Section Section 1 of this Act provides appropriations of $311,045.8 for Formula Salaries and $98,585.3 for Other Employment Costs to Public Education, School District Operations, Division Funding (95-02-01). These amounts provide salaries and other employment costs for the following categories as determined by the September 30 unit count entitlement of each school district: Title 14, Section 1305, Section 1306, Section 1307, Section 1308, Section 1309, Section 1310, Section 1311, Section 1321, Section 1324, Section 1331 and Section 1332, Delaware Code. These appropriations also contain salaries and other employment costs funds for the Americanization Program operated by the Caesar Rodney and Red Clay Consolidated School Districts. These sums are $9.3 and $103.6, respectively.

Section The Department of Education shall transfer $62.5 to the Department of Public Safety, Division of State Police to reimburse qualified applicants for the cost of criminal background checks for the purpose of serving as substitute teachers on a first come, first served basis. The Division of State Police shall send quarterly reports to the Department of Education regarding expenditures of said funds.

Section Section 122(e), Title 14, Delaware Code, requires the Department of Education to review all regulations to ensure that all regulations are current and not burdensome, and (f) and (g) provide a means for districts to pursue waivers of state regulations. The Federal Education Flexibility Partnership Act of 1999 allows districts to apply for waivers of federal regulation in states that have adopted challenging content and performance standards, have aligned assessments to those standards, have established a system of school and district accountability, and allow waiver of State statutory and regulatory requirements relating to education.

Upon federal approval of the Department of Education’s application for Ed Flex, the Department may waive State statutory and regulatory requirements pursuant to the Federal Education Flexibility Partnership Act of 1999. Such waivers must be applied for according to procedures and policies determined by DOE and must be related to Title I, Part B of Title II, Title IV, Title VI, Part C of Title VII, and the Carl D. Perkins Vocational and Technical Education Act of 1998. State programs for which waivers may be granted include, but are not limited to, extra time, school climate and discipline, academic excellence, early reading intervention, student mentoring, professional and curriculum development. The Budget Director and the Controller General shall review and approve the Department of Education waiver process.

Section The Delaware Code notwithstanding, during Fiscal Year 2001, the Budget Director is authorized to continue funding for issues such as, but not limited to, the number of administrative positions and activity busing for which the State was required to provide funding as a result of a 1978 federal court order. This authorization, as it relates to administrative positions, shall apply only to positions filled for employment, and shall not be considered as authorization to fund any cash options pursuant to Chapter 13, Title 14, Delaware Code.

Section Line Item funds appropriated in Section 1 of this Act to Public Education, School District Operations, Other Items (95-02-02) are to cover adjustments in the Appropriation Units of the State Board of Education and State Board for Vocational Education and Department of Education, Block Grants and Pass Through Programs, Pupil Transportation, or the local school districts. Examples of such use are: salary line transfers and adjustments; unit adjustments; state share of tuition payment for private placement of handicapped pupils; for Delaware residents of the Delmar School District attending Maryland schools; expenditures for Americanization classes; and pupil transportation costs.

Section 1 of this Act also provides certain appropriations to Public Education, School District Operations, Other Items (95-02-02) and Block Grants and Pass Through Programs (95-03-00) for school districts in the State. Title 14, Chapter 17, Section 1704, Delaware Code, provides the method of determining the appropriate number of pupil units for each school district based on the September 30 enrollment. Sufficient funds will be placed in the school district accounts to operate for a partial year. Based on the approved Department of Education Unit Count for September 30, adjustments will be made to the district accounts. These adjustments will be accomplished through the transfer process and therefore approved by the Budget Director and the Controller General.

General Fund appropriations to Public Education in Appropriation Units (95-03-00), (95-04-00) and the Delmar Tuition, General Contingency, Teacher of the Year, and Debt Service Appropriations in

Appropriation Units (95-01-00) and (95-02-00) shall not be subject to the limitations as defined for Division I and Division II in Title l4, Chapter l7, Sections l706 and l709, Delaware Code.

Section Section 1 of this Act makes an appropriation to Public Education, School District Operations, Other Items (95-02-02) for Guaranteed Unit Count. The appropriation is sufficient to fund 20 guaranteed units. In the event that more units are required districts shall receive partial unit funding in proportion to the units available.

A school district that loses enrollment as a result of a decision to close a school or program shall not be guaranteed units lost as a result of that decision.

Section Section 1 of this Act provides certain appropriations to Public Education, School District Operations, Other Items and Debt Service in the State. These amounts are not based on the unit system. Allocation of these funds shall conform to the following:

(a) Debt Service amounts are predicated upon the amortization schedule as provided by the State Treasurer.

(b) The line item "Other Items" in the Internal Program Unit Other Items (95-02-02) shall be allocated as follows:

1. Caesar Rodney - Americanization $ 4.7

2. Red Clay - Americanization 9.0

3. Margaret S. Sterck

Residence Other Costs 85.4

Consultant Services 11.0

Preschool Summer Program 6.9

4. Christina Autistic -

Residence - Other Costs 206.5

Contractual Services 11.4

5. John G. Leach 50.0

6. Sussex Orthopedic School 7.5

Total $392.4

Section Section 1 of this Act makes appropriations to Public Education, School District Operations, Division Funding (95-02-01) for Division II - All Other Costs and Energy. During the fiscal year ending June 30, 2001, a school district upon approval of the Budget Director and the Controller General, may transfer part of its allocated appropriation from Division II - Energy to Division II - All Other Costs. A school district may use Division II - Energy funds to obtain engineering studies required for Exxon or Stripper Well funds. A Division II - Energy Unit shall be valued at $1,572.00. A Division II - All Other Costs Unit shall be valued at $3,247.00. The Division II - All Other Costs appropriation shall be used for all school costs (including library resources) except salaries and other employment costs, state and local benefits, debt service, energy, and transportation of pupils to and from their regular sessions of school.

Section Amend Title 14, Section 1321(e)(11) Delaware Code, by deleting the phrase “subsections (e)(1), (2), (3), (4), (9), or (10)” and inserting in lieu thereof “subsections (e)(1), (2), (3), (4), (5), (9) or (10)”

Section Amend §1307(3), Title 14, Delaware Code by deleting the first sentence and inserting in lieu thereof the following:

“(3) During the fiscal year beginning July 1, 2000, and annually thereafter, a school district may employ one full-time assistant principal in a school which enrolls thirty or more Division I units of pupils or ? of a unit for schools which enrolls twenty-five but less than thirty Division I units of pupils; and the school district may employ a second assistant principal when the enrollment reaches fifty-five Division I units or ? of a unit when enrollment reaches fifty units but less than fifty-five units; subsequent assistant principals may be employed on the basis of one assistant principal for each twenty Division I units of pupils beyond the first fifty-five for which the principal and the first two assistant principals are authorized. Any fractional units provided herein must be assigned to the school which generated the fractional unit.”

Section The Department of Education shall submit with its Fiscal Year 2002 operating budget request a proposal to establish a new preschool unit to be added with other units generated under Title 14, Chapter 17, Section 1703, Delaware Code. This unit shall be utilized solely for preschool students eligible to receive services through the Program for Children with Disabilities and those preschool students currently classified as learning disabled, educable mentally handicapped and emotionally disturbed. It is anticipated that such proposal will include the date of the reporting of student enrollment for unit determination to be March 1 of the preceding fiscal year.

Section Amend §1707(c), Title 14, Delaware Code by deleting “110%” wherever it appears therein and substituting in lieu thereof “105%”.

Section Amend §1707(d), Title 14, Delaware Code by deleting “110%” wherever it appears therein and substituting in lieu thereof “105%”.

Section Amend §1707(e), Title 14, Delaware Code by deleting “110%” wherever it appears therein and substituting in lieu thereof “105%”.

Section For Fiscal Year 2001, any school district whose per unit amount for Division III – Equalization funding, as computed under the provisions of §1707, Title 14 of the Delaware Code, is less than the computed per unit amount in Fiscal Year 2000, shall receive Equalization funding based on the Fiscal Year 2000 per unit amount. New units generated in Fiscal Year 2001 will be funded at the Fiscal Year 2001 amount.

Section During Fiscal Year 2001, the Equalization Review Committee as established by §1707(i), Title 14, Delaware Code shall conduct a review of the existing equalization formula. This review shall include, but not be limited to, alternate measures of district wealth and options for bringing more districts onto the formula to ensure a more equitable distribution of resources.

Section Provisions of §6102(r)(2) and (r)(3) Title 29, Delaware Code notwithstanding, during fiscal year 2001, the sum authorized to the Education Expense and Property Tax Relief Fund shall be allocated as follows:

District Increase Support Offset Local

Allocation for Education Current Expense Taxes Total

Appoquinimink $ 0 $ 523,260 $ 523,260

Appoquinimink ILC 18,468 0 18,468

Brandywine 0 2,158,200 2,158,200

Bush 16,350 0 16,350

AI Institute 6,298 0 6,298

Brandywine ILC 75,210 0 75,210

Christina 0 3,691,830 3,691,830

Autistic Program 135,407 0 135,407

REACH 53,533 0 53,533

Sterck 85,023 0 85,023

Christina ILC 170,040 0 170,040

Colonial 0 2,001,240 2,001,240

Leach 75,576 0 75,576

Colonial ILC 42,510 0 42,510

Red Clay 0 2,897,220 2,897,220

Meadowood 75576 0 75,576

Red Clay ILC 122,811 0 122,811

Caesar Rodney 366,662 201,178 567,840

Caesar Rodney ILC 9,204 0 9,204

Charlton 47,554 0 47,554

Capital 0 728,495 728,495

Capital ILC 4,820 0 4,820

Kent Orthopedic 16,874 0 16,874

Lake Forest 279,383 132,847 412,230

Milford 78,709 505,952 584,661

Milford ILC 5,062 0 5,062

Smyrna 65,447 454,553 520,000

Smyrna ILC 5,000 0 5,000

Cape Henlopen 0 24,174 24,174

Delmar 125,000 0 125,000

Delmar ILC 1,303 0 1,303

Indian River 0 592,680 592,680

Laurel 323,853 34,461 358,314

Laurel ILC 5,874 0 5,874

Seaford 263,895 0 263,895

Seaford ILC 6,025 0 6,025

Woodbridge 125,000 0 125,000

New Castle Vo-Tech 0 834,485 834,485

New Castle Vo-Tech ILC 25,192 0 25,192

Polytech 0 125,000 125,000

Polytech ILC 12,272 0 12,272

Sussex Technical 0 0 0

Total $2,643,931 $14,905,575 $17,549,506

Section Section 1 of this Act provides an appropriation of $55,971.1 to School District Operations, Division Funding (95-02-01) for Division III – Equalization. Based on the finding from the 1998 audit of the New Castle County Vo-Tech School District, the Department of Education is authorized to withhold $225,665 from the district’s entitlement in Fiscal Years 2001 and 2002.

Section Section 1 of this Act provides an appropriation of $6,094.3 to Public Education, Block Grants and Pass Through Programs, Adult Education Work Force Training Block Grant (95-03-10). This appropriation shall be allocated by the Department of Education to the following programs/districts:, Adult Trade Extension (statewide), Apprentice Program (statewide), James H. Groves High School (statewide), Adult Basic Education (statewide), New Castle County Learning Center (Christina School District), Delaware Skills Center (New Castle County Vocational Technical School District), Alternative Secondary Education Program (statewide), Communities in Schools of Delaware (Colonial, Brandywine, and Capital School Districts), Marine Mechanics Apprentice Program (Technical School District) and Interagency Council on Adult Literacy. For each program continued in Fiscal Year 2001, each program shall receive no less than the same allocation from this appropriation as its Fiscal Year 2000 allocation, except that the allocations for the following programs shall be increased by the amounts shown: Alternative Secondary Education, $63.5; James H. Grove High School, $287.2; Delaware Skills Center, $41.2; Communities in Schools to expand the program to the Capital School District; $30.0; and Interagency Council on Adult Literacy, $150.0.

Section Section 1 of this Act makes an appropriation of $8,660.9 to Public Education, Block Grants and Pass Through Programs, Professional Accountability and Instructional Advancement Fund (95-03-10).

(a) The following allocations shall be provided:

(1) $225.0 for Alternative Routes programs. $150.0 is provided for the Alternative Routes to Certification program, to be used to implement this project in FY 2001, based upon the recommendations of the Professional Standards Council. The remaining $75.0 may be used for the Summer Institute program.

(2) $184.0 for National Certification Stipends, to be used to defray costs borne by teachers seeking National Board Certification through the National Board for Professional Teaching Standards.

(3) $2,866.5 shall be allocated by the Department of Education to districts for professional and curriculum development activities. Districts shall submit applications to the Department of Education detailing the district’s plan for the utilization of these funds. The Department of Education shall review and approve plans and allocate an amount not to exceed $331.00 per certified employee, based on a district's personnel complement for the 1999-2000 school year. Grants are to be used for developing and implementing curriculum based on the content standards established by the Curriculum Frameworks Commission, as approved by the State Board of Education or for other professional development activities, including, but not limited to: Discipline, Special Education/Inclusion Collaboration/Consensus Building, Conflict Resolution, Shared Decision Making, local school board member training, and Educational Technology. Districts are encouraged to collaborate as a means of maximizing resources as well as focusing district activities on consistent principles. Grants may be utilized for training, planning, in-service programs and contractual services. The Department of Education is authorized to transfer 50 percent of the estimated district grant amount on July 30, 2000. The remaining 50 percent shall be transferred within 30 days of the final approval of the district application for funding.

In the application, districts shall detail the proposed utilization of funds as well as the incorporation of the following criteria:

(a) Integration of the proposal with existing resources and programs such as the Comprehensive Discipline Act, Goals 2000, Delaware Principals Academy, Delaware Teachers Center, Drug Free Schools, Title 1 and 2, Special Education and local funds dedicated to Standards and Assessment.

(b) Inclusion of local staff in planning of the grant proposal, with representation from all involved in student learning, including all professional employees by category. The plan(s) should focus on overall improved student performance, with a built in level of accountability to determine effectiveness.

(4) $140.0 for Delaware Principals Academy activities. The Department of Education shall determine, in coordination with the agency (or agencies) operating this program, the goals and objectives of this program, including how it will further the objectives of Standards and Assessment and integrate Shared Decision Making training into the program focus. The Controller General and the Budget Director shall ensure that the proposed program is cost efficient and meets the objectives outlined in this section before agreeing to transfer the appropriation from the Department of Education to the operating agency. All expenditures from this allocation shall serve principals from the State of Delaware only.

(5) $800.0 for Professional Mentoring. The intent of this appropriation is for exemplary teachers to assist new teachers through leadership and guidance, and includes a training component in order for teachers to become better mentors. This funding level allows for a statewide program.

(6) $600.0 for Tuition Reimbursement of which $50.0 shall be used exclusively for tuition reimbursement for Early Childhood Education courses and $50.0 for summer school courses. This allocation provides, at the discretion of the Department of Education, for the possible operation of a tuition reimbursement program for the purpose of reimbursing public school employees and teachers employed by state agencies for tuition payments for graduate college courses or courses in an Education Technology Certificate Program. Funds may only be used to reimburse certificated non-administrative employees. No payment shall be made unless the course taken relates to the employee’s job assignment and is taken with the prior approval of the employing district board, superintendent or state agency. Local school district boards of education are required to prioritize the allocation of the funds they receive to support the educational advancement efforts of regular education teachers taking special education and/or mainstreaming related courses and other educational priorities established by the local boards of education based on staff development goals or to ameliorate identified deficiencies. This allocation may be used by local school districts to defray the costs for teachers seeking application for National Board Certification from the National Board for Professional Teaching Standards.

Reimbursement for tuition may be made for courses taken during summer school or during the academic year for which a passing grade of B or better is obtained. No reimbursement shall be in excess of the tuition charged a Delaware resident taking a course with an equal number of credit hours at the University of Delaware. Of the total allocation made by Department of Education, a minimum of .75 percent shall be allocated to state agencies and the balance shall be allocated to the several school districts in amounts equal to each school district’s proportion of Division I units to the total number of Division I units statewide on September 30, 2000. Any funds not expended by a school district or a state agency shall be transferred to other districts or agencies. In the event that any district’s allocation is not sufficient to provide total reimbursement to all eligible employees, the district shall pro-rate the funds so that each eligible employee receives a share of the total district allocation equal to the individual employee’s reimbursable expenditure divided by the total reimbursable expenditure of all employees in the district multiplied by the district allocation. Funding for each school district shall be divided into two equal parts. The first one-half shall be prorated as described above among eligible employees who complete their courses prior to February 1, 2001. The second one-half shall be prorated as described above among eligible employees who complete their courses prior to June 15, 2001. In the event that funds remain in either half year, the district shall be authorized to reallocate those funds to reimburse eligible employees in the other portion of the year who did not receive full reimbursement. This Section shall supersede collective bargaining agreements to the contrary.

(7) $628.4 for the Department of Education for the Teacher to Teacher Instructional Cadre which provides for the purchase of release time of exemplary teachers in the content areas in which the State Board of Education has adopted content standards, who will provide assistance to districts on a statewide basis in designing, demonstrating and implementing best teaching practices in the development of curriculum to meet the established standards. The Department of Education is authorized to transfer 50 percent of the estimated district grant amount on July 30, 2000. The remaining 50 percent shall be transferred within 30 days of the final approval of the district application for funding.

(8) $759.4 for the Summer School for Teachers Program. Of this appropriation, $590.3 will be allocated to the University of Delaware and $169.1 to Delaware State University to fund summer programs for the professional development of teachers. It is intended that curriculum of the summer classes offered through this program, to teachers and aides, be consistent with the curriculum standards which are currently under development or have previously been adopted by the State Board of Education. Both the University of Delaware and Delaware State University shall incorporate into their Summer School for Teachers course structure, the appropriate and necessary elements that will enable participants to develop relevant classroom curriculum as well as to gain additional exposure to best teaching practices in the standardized content areas. The Department of Education shall continue to make staff available to assist each institution in the preparation of the summer coursework. Future budget requests for this program will be made by the Department of Education in their annual budget request, following consultation with the University of Delaware and Delaware State University.

(9) $150.0 for the Delaware Center for Teacher Education to support professional and curriculum development activities in the content areas of reading and social studies. The Department of Education shall determine, in coordination with the agency (or agencies) performing such activities, the training goals and objectives, including how the objectives of Standards and Assessment will be furthered. The Department of Education, Controller General and the Budget Director shall ensure that the proposed development activities are cost efficient and meet the objectives outlined in this section before agreeing to transfer the appropriation from the Department of Education to the operating agency.

(10) $100.0 for Delaware Academy of School Leadership activities. The Department of Education shall determine, in coordination with the agency (or agencies) operating this program, the goals and objectives of this program, including how it will further the objectives of Standards and Assessment. The Department of Education, Controller General and the Budget Director shall ensure that the proposed program is cost efficient and meets the objectives outlined in this section before agreeing to transfer the appropriation from the Department of Education to the operating agency.

(b) Any funds remaining subsequent to these allocations may be disbursed at the discretion of the Department of Education for professional accountability and instructional advancement activities.

Section (a) Section 45 of this Act continues appropriations to Public Education, Block Grants and Pass Through Programs, Professional Accountability and Instructional Advancement Fund (95-03-10) for Shared Decision Making. Based on the current level of activity in the program, such funds are sufficient to meet the needs of the Shared Decision Making program in Fiscal Year 2001. The Governor and General Assembly recognize the importance of increased local board and school building level authority as a means toward improving student achievement and increasing accountability. This recognition is consistent with the requirements contained within the Federal Improve America’s Schools Act (IASA) for any school receiving funds under said Act. Pursuant to Chapter 8, Title 14, Delaware Code, individual school buildings within local school districts that have adopted a district transition plan as specified in Section 803(d), Chapter 8, Title 14, Delaware Code, may apply for a school level grant to conduct structured conversations at the school building level, and subsequently develop a school transition plan. These grants shall be funded in the amount of $7.5 per school building and shall be provided to the local school district. As stipulated in Chapter 8, Title 14, Delaware Code, one-third of the amount ($2.5) shall be made available for the school level structured conversation, and the remaining two-thirds ($5.0) will be used to design a transition plan at the school building level. Funding for these grants will be provided through a combination of prior year appropriations within the Professional Accountability and Instructional Advancement Fund (95-03-10) for this purpose, and Federal Goals 2000 funds, if a local district decides to prioritize its Goals 2000 application in favor of Shared Decision Making.

(b) Local School Districts that applied for a district level grant pursuant to Section 807(b), Chapter 8, Title 14, Delaware Code, by April?1,?2001, shall receive a district level grant from prior year funds. Districts are eligible for grants in the amount of $20.0 per district, provided they meet the criteria established in the Delaware Code. Approximately one-third of that award (or $6,667) shall be available for the district level conversations, and the remaining two-thirds (or $13,333) will be used to design a transition plan at the district level.

(c) Local school districts shall address the district’s progress or intentions pursuant to the provisions of Chapter 8, Title 14, Delaware Code in the IASA consolidated application in a format specified by the Department of Education. Local school districts that did not make application for the school level grants specified in Chapter 8, Title 14, Delaware Code, on or before May 1, 2001, shall prioritize the use of Goals 2000 funding based on the competitive criteria developed by the State of Delaware. Any local school district that opts to prioritize the use of Goals 2000 funding in a manner so as to use the funds for the purposes other than Shared Decision Making shall not be eligible for funds for the purposes described in this Section from any source during FY 2001. The Federal Goals 2000 funding for this purpose shall be made available at such time that a local school district meets the requirements contained in Chapter 8, Title 14, Delaware Code. Local school districts that do apply for school level grants as specified in Chapter 8, Title 14, Delaware Code shall make the full amount of the grants available to school buildings for the purposes specified in Chapter 8, Title 14, Delaware Code, regardless of the source of such funding, in the amounts specified in subsection (a) of this Section. Sufficient funding shall be made available to each local school district to provide for these grants and to cover indirect costs and audit fees. Pursuant to the Federal Goals 2000 requirements, each local school district must insure that 50 percent of the total district grant is provided to schools with special needs as defined by the local district. Special needs may be indicated by a high number or percentage of students from low-income families, low student achievement, or other similar criteria developed by the local school district.

(d) It is anticipated that individual school buildings that are successful in developing a school transition plan, and subsequently desire to develop a school improvement plan as specified in Section 806, Chapter 8, Title 14, Delaware Code, will be provided school improvement grants pursuant to said Chapter. It is anticipated that these grants will be composed of the conversion of certain discretionary state resources.

Section Section 1 of this Act makes an appropriation to the State Board of Education Block Grant and Pass Through Programs, Academic Excellence Block Grant (95-03-10). Of the amount appropriated, $23,157.7 shall be used to fund units for academic excellence in the school districts in accordance with Section 1716, Title 14, Delaware Code. The balance of $4,022.3 shall be allocated to school districts in proportion to the number of Division I Units each district enrolls on the last school day in September 2000. School districts may use the funds to: purchase computer hardware, software or services; calculators; library resources; fund homebound instruction costs; provide substitute teachers; provide additional nurses so long as the district is entitled to less than one nurse per school; provide a student work-study program; provide conflict resolution training; provide extended day or extended year programs for students performing below the standard level; provide stipends for professionals engaged in curriculum or professional development activities sponsored by a local school district or the Department of Education, outside of the regular school day. Included in this amount are sufficient funds to increase the daily rate for Class A Substitutes to $104.00, Class B Substitutes to $83.00 and Class C Substitutes to $66.00. School districts may form consortia, utilizing homebound funds, to purchase or provide services. No homebound funds may be spent to provide services to students who have been suspended or expelled from school, except for special education students. The State Board of Education shall provide an annual summary of school district plans for use of Academic Excellence funds to the Budget Director and Controller General no later than December 1 of each year.

Section Section 1 of this Act appropriates $1,002.5 to Public Education, Block Grants and Pass Through Programs, Professional Development and Instructional Advancement Fund (95-03-10) for Reading Cadre.

This appropriation will provide each local school district with the state share of salaries in accordance with Title 14, Section 1305, Delaware Code for 1.0 11-month Reading Specialist. The purpose of this Specialist will be the creation of a Reading to Reading Cadre which will provide assistance to districts in designing, demonstrating and implementing best practices in reading instruction.

The balance of funding may be used by the Department of Education to support Cadre activities.

Section For the fiscal year beginning July 1, 2000, any local school district that has had two consecutive failed current expense tax referendums during the time period July 1, 1998 to January 1, 2001, is authorized to exercise the cash option on Academic Excellence units up to the total number of units provided under that program. This provision will apply for Fiscal Year 2001 only. In addition, districts meeting this criteria are authorized to utilize funds derived from this cash option to pay local salary supplements. Any district that has had a successful current expense tax referendum subsequent to two consecutive failed current expense tax referendums is ineligible for the provisions of this section.

Section Section 1 of this Act appropriates $184.0 within Public Education, Block Grants and Pass Through Programs, Professional Accountability and Instructional Advancement Fund (95-03-10). This appropriation is to be used in Fiscal Year 2001 along with any local school district and privately donated funding, to defray costs for teachers seeking national board certification from the National Board for Professional Teaching Standards (NBPTS). Recognizing the effort involved in pursuing such certification as well as the value it will bring to Delaware teachers and students, a NBPTS certification obtained under this program by an individual paid under Title 14, Section 1305, Delaware Code, excluding superintendents, assistant superintendents, directors, and individuals employed in non-instructional areas detailed in Section 1312(c), and employees at the Department of Education shall result in a salary supplement as specified in Title 14, section 1305(m), Delaware Code. The salary supplement shall be based upon the 10-month base state salary scale for teachers. The Department of Education shall report annually to the Budget Director and Controller General the number of NBPTS certificates obtained under this program. The NBPTS salary supplement shall be valid for a period not to exceed ten years.

Section Section 1 of this Act provides an appropriation of $9.9 to Public Education, Block Grants and Pass Through Programs, K-12 Pass Throughs (95-03-15) for the Delaware Nature Society. It is the intent that this money be used to provide summer programs including an eighth grade program in environmental heritage.

Section Section 1 of this Act provides an appropriation of $230.0 to Public Education, Block Grants and Pass Through Programs, K-12 Pass Throughs (95-03-15) for the READ-ALOUD Delaware Program. READ-ALOUD Delaware is to continue to develop and foster programs for the purpose of encouraging regular reading to preschool-aged children as an effective way to prepare them for learning. The monies passed through to READ-ALOUD Delaware shall be used to provide programs in each county, focused on the more disadvantaged segment of the population of preschool-aged children.

Section Section 1 of this Act provides an appropriation of $97.2 to Public Education, Block Grants and Pass Through Programs, K-12 Pass Throughs (95-03-15) for Advanced Studies. The Department of Education shall transfer this appropriation to the University of Delaware to help fund a summer school program, for college credit, for gifted and talented students.

Section Section 1 of this Act provides an appropriation of $136.5 to Public Education, Block Grants and Pass Through Programs, K-12 Pass Throughs (95-03-15) for the Delaware Institute for Arts in Education. Of this appropriation, $25.0 shall be used to implement a new Wolftrap program. The Department of Education shall transfer this appropriation to the University of Delaware, which acts as the fiscal agent for this statewide program.

Section Section 1 of this Act provides an appropriation of $201.2 to Public Education Block Grants and Pass-Through Programs, K-12 Pass Throughs (95-03-15) for the Center for Economic Education. Of this amount, $30.0 is appropriated to develop a pilot program to test a professional development model for systematically training teachers in content and pedagogy and provide them with ongoing support in the classroom.

Section In order that the children for whom the learning disability and socially or emotionally maladjusted units were devised shall be the sole beneficiaries of all funds available for such children, the State Board of Education shall require strict adherence to approved guidelines before release of any funds designated for such children. The State Board of Education shall particularly ascertain that no educable mentally handicapped are being classified as learning disabled; and that strict guidelines are developed to determine eligibility of socially or emotionally maladjusted children so that this category does not become a catch-all for low-achieving, unmotivated or disruptive pupils without serious physiological or neurological disorders. All pupils classified learning disabled or socially or emotionally maladjusted must be reevaluated at least every two years, except psychological evaluation shall be made at least every three years. The State Board shall report annually to the Budget Director and the Controller General on or before April 1 on the actions and results of actions required by this section.

Section Section 1 of this Act makes an appropriation of $670.9 ASF to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20) for the Children’s Services Cost Recovery Project (CSCRP). All local school districts shall fully participate in the implementation and operation of the project for the fiscal year ending June 30, 2001. Local school district participation shall be on a district-wide basis.

The following resources are appropriated to operate the Children’s Services Cost Recovery Project during the fiscal year ending June 30, 2001. No appropriation is made for the purchase of additional state-owned vehicles pursuant to this section. The appropriated funds for supplies and in-state travel which, pursuant to this section, are passed through to the local school district shall be dedicated to implementing the Children’s Services Cost Recovery Project.

In addition, 14.0 FTE staff positions are appropriated to support this project: 2.0 FTEs shall be located at the Department of Education. The Department of Education is hereby permitted to authorize the hiring of up to 12.0 FTEs in the local school districts for the sole purpose of implementing this section. The 12.0 FTEs in the local school districts shall be paid in accordance with the Financial Secretary Salary Schedules 1308 and 1309 including the local salary supplement in place at the employing school districts. At the discretion of the Department of Education, 1.0 FTE may be paid in accordance with the Administrative Secretary Salary Schedules 1308 and 1309 including the local salary supplement in place at the employing local school district.

All revenue generated through the cost recovery project from local school district sources will, after the deduction of all operational project costs, be divided between the State General Fund and the local school district’s operating funds in a proportion that equals the original sharing of expenses. Any funds returned to a local school district that were generated through recovery on non-transportation services provided by a tuition-based special school must be made available to the special school for expenditure at the special school.

Audit exceptions, including any penalties and fees, will be covered from drawdowns on future recoveries on a similar basis as indicated above.

Section For the purpose of participating in the Children's Services Cost Recovery Project, provisions of the Delaware Code to the contrary notwithstanding, school psychologists certified or otherwise licensed by the State Board of Education in accordance with the provisions of Title 14, Section 1092, Delaware Code, shall be considered in compliance with qualification standards equivalent to state licensure to practice psychology as set forth in Title 24, Section 3508, Delaware Code. Such equivalent state licensure status shall be limited to the delivery of services related to State Board of Education or local school district approved school programs conducted within the course of the regular school day at a State Board of Education or local school district approved school site or least restrictive environment location. The provisions of this Section shall in no way be construed as entitling a person not otherwise qualified to do so to represent himself to the public by any title or description of services incorporating the words "psychology," "psychological," and/or "psychologist" within the meaning of Title 24, Section 3502, Delaware Code, except as may be herein specifically provided.

Section Section 1 of this Act provides an appropriation of $2,479.6 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20) for the operation of the Program for Children with Disabilities. The school districts, in which children reside who are to be provided the special services, are authorized to levy and collect local tuition tax to cover the local share of the program costs.

Section Section 1 of this Act provides an appropriation of $2,479.6 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20) for the Program for Children with Disabilities (PCD).

The Interagency Resource Management Committee (IRMC) shall be composed of the following members (or their designee with full voting powers):

Secretary of Education who shall be the chairperson of the IRMC;

Secretary of the Department of Health and Social Services;

Secretary of the Department of Services for Children, Youth and Their Families;

Budget Director;

Controller General.

The affirmative vote of a majority of all members shall be required to take action.

The IRMC shall periodically review eligibility criteria for services under PCD and make recommendations as appropriate.

The IRMC was created to promote interagency collaboration in the service of those eligible for the PCD, to promote the cost-effective use of existing resources -- federal and state, public and private, and to promote the opportunity for coordination with programs for other exceptional children. To accomplish these goals, the IRMC shall do the following:

1. Allocate all funds provided by the State, obtained by it, or under its control, which are designated for the service of children eligible for the PCD.

2. Coordinate resources to support family-centered services for eligible children and their families, as appropriate.

3. Seek to develop collaborative approaches with the institutions of higher education for the service of those eligible for the PCD. Special emphasis shall be placed on the use of existing preschool educator training and child care provider training programs.

4. At its discretion, hire a full-time coordinator who shall report to the IRMC. The coordinator shall serve as liaison to the Department of Education, Instructional Services Branch.

The IRMC may, at its discretion, apply for and allocate grant funds that will serve children eligible for the PCD and further any of the purposes of this Section. Sources of such grant funds may include the federal Childcare Block Grant, Developmental Disabilities Council, federal Child and Maternal Health Grant, federal Title XX, Delaware First Again grants, where appropriate.

The IRMC is hereby granted the power to use any funds under its control and not otherwise restricted to either hire employees or contract for services.

The IRMC shall report to the Governor, President Pro-Tempore of the Senate, and the Speaker of the House on April 15 of each fiscal year. Each report shall include:

1. A summary of IRMC experience in attempting to accomplish its purposes as stated above; and,

2. A recommendation of the IRMC whether and how to institutionalize its activities and functions.

The Budget Director and the Controller General are hereby authorized to transfer additional funds serving this population among the budgets of the departments represented on the IRMC if there is prior agreement by the secretary of the department, as the case may be, to which the funds were previously allocated.

For the purpose of facilitating the continuation of services, programs receiving an allocation under the provisions of this section may receive 20 percent of the prior year's allocation at the outset of each fiscal year. These programs are required to present program proposals to the IRMC as required by the IRMC Policy Coordinator. Upon IRMC approval, adjustments to the program allocations may be made.

The IRMC shall be the designated forum through which the Coordinating Council for Children with Disabilities (CCCD) will provide regular program updates regarding ISIS. The IRMC will also serve as the venue through which additional funding request and/or program needs of ISIS may be presented. An active partnership with the private sector participants of ISIS shall be maintained, with related activities included in the status reports to the IRMC.

Section Section 1 of this Act appropriates $4,196.8 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20) for the Early Childhood Assistance Program. Funds are to be used to provide early childhood programs for four-year olds in accordance with Title 14, Chapter 30. It is anticipated that for Fiscal Year 2001, approximately 843 four-year-old children will be served via this funding. The Interagency Resource Management Committee (IRMC) has administrative responsibility, which includes reviewing and disbursing grant awards; ensuring program compliance; and providing an annual report to the Legislature and Family Services Cabinet Council regarding the activities of the program. The IRMC shall issue a Request for Proposal (RFP) for prospective providers for all classrooms on an annual basis. The Department of Education shall assist with the implementation and ongoing administration of this program. The IRMC shall report to the Budget Director and the Controller General on or before January 1 each fiscal year on the status of the program.

Section Section 1 of this Act provides an appropriation of $145.0 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20) for the expanded responsibilities of the Interagency Resource Management Committee (IRMC) to foster an interagency approach in coordinating the delivery of early care and education services in Delaware, and for the establishment and operation of the Office of Early Childhood.

The IRMC will coordinate the implementation of the recommendations of the October 1999 report: “Early Success: Creating a Quality Early Care and Education System for Delaware’s Children”, where feasible, and, if applicable, subject to an annual appropriation. The IRMC shall report to the Governor, President Pro-Tempore of the senate, and the Speaker of the House on April 15 of each fiscal year. Each report shall include:

1. A summary of IRMC experiences in attempting to accomplish its purposes as stated above; and,

2. A recommendation of the IRMC whether and how to institutionalize its activities and functions.

The IRMC may, at its discretion, apply for grant funds that will further any of the purposes of this section.

The Budget Director and the Controller General are hereby authorized to transfer funds among the budgets of the departments represented on the IRMC if there is prior agreement by the secretary of the department, as the case may be, to which the funds were previously allocated. Such transfers shall be intended to further the purposes of this Section. The IRMC shall be staffed by the Office of Early Childhood in the Department of Education. Such Office shall be composed of a director, an assistant director and a clerical support position. Funding shall be provided by the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families no later than July of each fiscal year to support the operational costs associated with the assistant director and clerical support positions. Funds allocated in the Section are to be used to support the work of the Office and to continue the interagency evaluation process for Delaware’s early childhood programs.

Section Section 1 of this Act makes an appropriation of $14,221.4 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20) for Student Discipline Programs.

(a) A total of $3,420.0 is allocated for the statewide implementation of programs for severe discipline cases. Of that amount, a total of $2,400.0 will be allocated to the three counties in the following manner: 50 percent to New Castle County, 25 percent to Kent County and 25 percent to Sussex County. Of the $2,400.0, $150.0 in New Castle County and $75.0 in both Kent and Sussex Counties must be utilized for transitional services. The remaining $1,020.0 will be disbursed on a competitive basis among the existing school district consortiums or to individual school districts. Of the $1,020.0, $820.0 will be utilized for improvement of academic programs and $200.0 will be utilized for extended year opportunities. If funds provided under this section are used for costs associated with teachers and aides, as provided for in Title 14, Section 1305, Delaware Code, the funds can only be used for costs associated with the state share. Programs receiving funds under this section may utilize no more that $200.0 in total from Pupil Transportation (95-04-01) for transportation expenses.

(b) A total of $6,736.4 is authorized for disruptive students at the school and district levels. The base incentive grants shall be provided to all school districts in the State as follows:

Schools grades K-6: $30.0

Schools grades 7-12: $40.0

If funds provided under this section are used for costs associated with teachers and aides, as provided for in Title 14, Section 1305, Delaware Code, the funds can only be used for costs associated with the state share.

Under Title 14, Chapter 16 of the Delaware Code, local school districts are eligible to receive a supplemental grant, equal to double the base award, for grades 7, 8, 9 and 10, upon approval of the Department of Education and certification in the district’s grant application that the school is in compliance with the provisions of the Delaware Code requiring the establishment of school site-based committees to govern discipline matters.

Each school shall receive no less than the amount received in the Fiscal Year ending June 30, 2000. In order to provide districts with grants in a timely manner, all applications for base grants must be submitted for review by the Department of Education no later than November 15 of each year.

(c) For the purpose of facilitating the continuation of services, districts receiving an allocation under the provisions of subsections (a) and (b) of this section, may receive 50 percent of the prior year’s base grant allocation at the outset of each Fiscal Year. These districts are required to present program proposals to the Department of Education no later than November 15 each year. Upon Department of Education approval, adjustments to program allocations will be made.

(d) The Department of Education shall determine common data definitions and data collection methodologies for each program in this section. Districts shall use such definitions and methodologies and shall complete a full evaluation of each program within 60 days of the close of the school year. Reports shall include, at a minimum, the number of students served, reasons for service, measures of behavioral improvement, measures of academic improvement as appropriate, rates of recidivism within programs, and number and types of referrals for additional services. Such reports will be used to determine needs for program improvement and will be required as a condition of ensuing funding.

(e) A total of $3,565.0 is authorized for prevention components administered by the Family Services Cabinet Council (FSCC) in conjunction with the Department of Education and the Department of Services for Children, Youth and Their Families. Funding shall be provided as follows:

(i) $450.0 for the FSCC to identify three communities in which to develop comprehensive plans for delivering services through a community-based, interagency collaborative effort. The FSCC in conjunction with the Department of Education and the Department of Services for Children, Youth and Their Families shall assist selective communities in developing appropriate pilot projects and may use the funds for any project(s) which they deem likely to demonstrate effective and coordinated prevention strategies.

(ii) $3,015.0 to provide early intervention services through the Department of Services for Children, Youth and Their Families, Family Crisis Therapist Program. Services are intended for grades K-3 and shall address but not be limited to, problems such as Early Onset Conduct Disorder. The Department of Services for Children, Youth and Their Families may enter into contractual agreements, may employ casual/seasonal personnel, or may create the necessary positions with the approval of the Delaware State Clearinghouse Committee and maintain an ASF or NSF account with sufficient spending authority to operate the program.

(iii) For purposes of implementing (i) and

(ii) above, the FSCC with the Department of Education and the Department of Services for Children, Youth and Their Families acting as lead agencies shall administer a competitive Request for Proposal (RFP) process to determine grant awards to local districts. Grant awards shall be for a period of 12 months. Factors that may be utilized in the evaluation of proposals can be, but are not limited to, the following: links to Part II discipline funding or other district resources; the use of collaborative partnerships; the relative need of the local school district community; and the recognition within a proposal of the need to provide services to meet the presenting problems of both the child and the family. To the extent possible, the Department of Services for Children, Youth and Their Families is authorized to pursue Medicaid cost recovery for eligible services provide to Medicaid eligible children. Funds resulting from these efforts may be used to expand these services with prior approval of the Budget Director and the Controller General.

(f) Based on the recommendations that resulted from House Joint Resolution 25 of the 139th General Assembly, a total of $525.0 shall be allocated for the implementation of a three-year pilot alternative school program. The program shall be developed utilizing research based best-practice models as described in “Comprehensive Programs Which Improve Student Discipline, Final Report, April 1999”. The program shall provide year-round services to no more than 100 students. This program shall be considered a special school for the purposes of charging tuition payments to be made by school districts of residence under the statutory provisions of Title 14, Chapter 6, Delaware Code, such that the districts shall fund at least 30 percent of the total cost of the program. The Department of Education and the Department of Services for Children, Youth and Their Families, in collaboration with the New Castle County Consortium, shall oversee administration of the program. Such oversight shall include an annual evaluation of the program. The Department of Services for Children, Youth and Their Families may enter into contractual arrangements to operate the program.

Section Section 1 of this Act provides an appropriation of $6,890.0 GF and $1,961.7ASF to Public Education, Block Grants and Pass Through Programs, Special Needs Programs, Unique Educational Alternatives (95-03-20) to implement Title 14, Section 3124, Delaware Code. For the fiscal year ending June 30, 2001, any placement made pursuant to this Section shall be considered a special program placement and shall be eligible for inclusion in local school district tuition tax rate setting. Districts shall contribute 15 percent of the total cost associated with the placement of any district student in such a program. The provisions of the Delaware Code to the contrary notwithstanding, for the fiscal year ending June 30, 2001, the Department of Education is authorized to continue utilizing funds appropriated in Section 1 of this Act to develop unique educational alternatives, in lieu of private placement, for persons who have been, or who would otherwise be, identified as "complex or rare" and unable to benefit from the regularly offered free, appropriate public educational programs and students in present education programs within this State whose individual education plan requires services not presently available within the present unit funding system. Unique educational alternatives shall be defined and approved by the Department of Education and may include, but not be limited to, related and supportive services.

Section Section 1 of this Act makes an appropriation of $6,890.0 GF and $1,961.7 ASF to the Public Education, Block Grants and Pass Through Programs, Special Needs Programs, Unique Educational Alternatives (95-03-20). Before the Department of Education can authorize expenditures for new placements from this appropriation, the case must be reviewed by the Interagency Collaborative Team (ICT).

The ICT shall consist of:

Division Director, Division of Child Mental Health Services of DSCYF;

Division Director, Family Services of DSCYF;

Division Director, Division of Youth Rehabilitation Services of DSCYF;

Division Director, Division of Mental Retardation of DHSS;

Division Director, Division of Alcoholism, Drug Abuse and Mental Health of DHSS;

Director of the Office of the Budget or designee;

The Controller General or designee;

Director, Exceptional Children's Group, DOE, who will serve as Chair;

Associate Secretary, Curriculum and Instructional Improvement, DOE.

A Director assigned to the ICT may designate staff to represent them on the ICT only if these designated representatives are empowered to act on behalf of the Division Director including commitment of division resources for a full fiscal year.

The ICT shall invite to its meetings:

A representative of a responsible school district for the case under consideration;

The parents of the child;

Other persons the team believes can contribute to their deliberations.

The ICT shall:

Review existing assessments of new referrals;

Prescribe, if required, additional assessments for new referrals;

Review proposed treatment plans of new referrals;

Recommend alternatives for treatment plans of new referrals;

Coordinate interagency delivery of services;

Review at least annually, current Unique Educational Alternatives for the appropriateness of treatment plans and transition planning;

If appropriate, designate a Primary Case Manager for the purpose of coordination of services agencies;

If appropriate, designate agencies to be involved in collaborative monitoring of individual cases.

The ICT will ensure that state costs incurred as the result of a Team recommendation or assessment of a child currently funded from the Unique Educational Alternatives appropriation for this purpose in Section 1 of this Act will be covered from the existing appropriation. New referrals will be assessed in the inter-agency manner described above. The ICT may accept and review cases initiated by other agencies, but in all cases the school district of residence must be involved in the review.

Cases reviewed by the ICT will employ Unique Educational Alternatives funding to cover state costs to the extent determined appropriate by the Interagency Collaborative Team. Other agencies may recognize a portion of the responsibility for the treatment of these children if determined appropriate by the Team. Funds may be transferred upon the approval of the Budget Director and the Controller General.

The ICT shall report on its activities to the Governor, Budget Director, President Pro-Tempore, Speaker of the House and the Controller General by February 15 of each year. The report shall address the status of items addressed in the previous February ICT Annual Report.

Section Section 1 of this Act provides an appropriation of $6,890.0 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs, Unique Alternatives (95-03-20). Funds may only be allocated to the Sussex ICT to provide direct services and supports to interagency students that would be referred to the ICT. The local share of payment shall continue to be subject to the same criteria as all other ICT decisions. This authorization is based on the signed Memorandum of Agreement between the school districts and other ICT agencies.

Section Any placement made pursuant to Section §3124, Title 14, Delaware Code in which the individual involved is a ward of the State shall be funded fully from the State appropriation made for this purpose.

Section Section 1 of this Act provides an appropriation of $629.4 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20) for Exceptional Student Unit - Vocational. This appropriation shall be used to continue the program of vocational education for handicapped students. The funds appropriated shall provide for Divisions I, II, and III funding for a maximum of six units in a single program. The unit shall be based upon 13,500 pupil minutes per week of instruction or major fraction thereof after the first full unit and shall be in addition to the funding otherwise provided under Title 14, Subsection 1703(d), Delaware Code. The deduct contained in Title 14, Subsection 1703 (i), Delaware Code, shall not apply to the units authorized by this Section.

Section (a) Section 1 of this Act provides an appropriation of $10,428.0 to Public Education, Block Grant and Pass Through Programs, Special Needs Program (95-03-20) for Extra Time for Students in Grades K-12. The allocations shall be used exclusively to provide extra instructional time for low achieving students in order that they may improve their academic performance in the four primary content areas (mathematics, science, English language arts, and social studies) as measured against the state standards of such subjects. The only exceptions to this requirement are that up to 15 percent of a district’s allocation may be used for Extended School Year (ESY) requirements, pursuant to the Administrative Manual for Exceptional Children (AMPEC) and up to 10 percent of a district’s allocation may be used to provide services to Limited English Proficient (LEP) students. Of the amount set aside for LEP services, up to 50 percent may be used within the normal school day provided the services are in the form of specialized instruction designed to help LEP students succeed in regular classroom settings. Of the amount appropriated, $400.0 may be used for the Early Intervention Reading Program as specified in this section. The Department of Education is authorized to transfer 25% of the estimated district grant amount on July 30, 2000. The remaining amount shall be transferred within 30 days of the final approval of the district application for funding.

(b) The following criteria shall apply to each of the components of the Extra Time for Students Program.

(1) In order to qualify for an allocation, each district shall submit an application to the Department of Education as part of the districts’ consolidated application. The application must show evidence of building level staff involvement in the development of the district proposal.

(2) The application provided to the Department of Education shall indicate the student populations to be served, the type of program(s) proposed, the levels of academic improvement the additional services are intended to achieve, and the measurement and/or evaluation process the district will use to determine program effectiveness. Associated transportation costs shall also be included in the district application.

(3) Funding for this component shall only be used for academic instruction or remediation programs that are offered to a targeted population of low achieving students. These programs must be provided at a time that is in addition to the regularly scheduled six and one-half hour school day and/or the 180 day school year, sufficient to improve student performance. The Department of Education shall promote the use of “Best Practices” in this area through all available means.

(4) Funds appropriated pursuant to this Section may not be used for curriculum development or staff training functions, but may be used for the purchase of supplies and materials necessary to operate extra time programs. To the extent that these funds are used to pay salary expenses of district instructional staff, these funds may only be used for costs associated with the State share of salaries, as provided under Title 14, Section 1305, Delaware Code.

(5) In order to maximize resources provided under this program, local school districts are encouraged to match their allocation, on a 70/30 state/local basis pursuant to the provisions of Title 14, Chapter 1902(b), Delaware Code.

(6) Local school districts may use funds appropriated pursuant to this Section to contract with private or non-profit instruction or tutoring services provided that there is evidence of building level conversations regarding contracted services.

(7) If, after the applications are received by the Department of Education, a local district does not choose to utilize the full amount to which they are entitled, the Department of Education may allocate any remaining amount through a competitive RFP process.

(8) Funds appropriated pursuant to this Section shall be appropriated on a 15 month basis and shall not be subject to reversion until September 30, 2001. Program expenses, however, may not be incurred subsequent to the start of the 2001-2002 regular school year.

(c) The following criteria shall apply to the component of the program that serves students in any grade levels:

(1) Allocations for this component shall be provided in proportion to the total Division I units in each school district, multiplied by the state portion of the average teacher salary in the district in the immediately preceding fiscal year.

(d) The following criteria shall apply to the Early Intervention Reading Program for which $400.0 is to be utilized.

(1) This funding shall serve students in kindergarten through grade 3 who are identified during their kindergarten and first grade years as being inadequately prepared to succeed in reading or are performing below grade level.

(2) This funding shall be utilized exclusively to provide supplemental services or teaching methods designed to improve the reading abilities of students with the goal being that they achieve and maintain their appropriate grade level reading ability. These services shall utilize intensive systematic multi-sensory phonics as the instructional methodology. The school districts are strongly encouraged to use programs including, but not limited to, Reading Assist and other research based multi-sensory programs.

(3) The funding for this component may provide services outside of the normal school operation timeframe as specified in subsections (c) and (d) of this Section, or may be used during the regular school day, provided however that the services being offered are supplemental to the reading instruction the student would otherwise normally receive.

(e) On or before January 30, May 30, and August 30 of each year, all districts shall submit a report to the Department of Education on Extra Time programs. The report shall include but not be limited to the following: state identification number for each student served, total number of program contact hours per student, content area(s) addressed, and evidence of academic improvement. The Department of Education shall provide a format for such reporting. The Department of Education shall provide an annual report to the Budget Director and Controller General no later than October 15.

Section Section 1 of this Act appropriates funds to provide Extra Time for Students. Local school districts are encouraged to provide the corresponding local match to such appropriations and to provide additional resources to make Extra Time for Students provisions available to any K-3 student who is identified by his or her teacher as functioning below grade level in reading or mathematics. The goal of this provision of resources shall be to have the child function at grade level and to avoid the need for state-mandated academic improvement activities. The Department of Education shall survey local school districts to determine their level of local support for these purposes and their use of state Extra Time for Students funding to help K-3 students function at grade level.

Section Pursuant to appropriations in the Department of Correction (38-04-00) and the Department of Education (95-03-00) in Section 1 of this Act, the Department of Correction and the Department of Education shall enter into an agreement for the operation of prison education services. Under any such agreement the Department of Education shall be responsible for the operation of prison education services. These educational services shall include, but not be limited to, programs provided to juvenile inmates in the Young Criminal Offender Program and inmates between the ages of 18 and 21, including those requiring special educational services. Students served under this program shall not be included in the calculation for unit count purposes as defined in Chapter 17, Title 14, Delaware Code. The Budget Director and Controller General may transfer funds between lines and Departments to pay for this program.

Section 1 of this Act appropriates 32.9 new FTEs, of which up to 4.0 shall be authorized as teachers/supervisors, 24.9 authorized as teachers, 3.0 authorized as secretaries for the Department of Education, and 1.0 education associate to implement the Prison Education Program. The qualification of employees for the prison education program shall be the same as the qualification for employees in the public high schools. Teachers/supervisors shall have teaching responsibilities as defined by job responsibilities and duties developed by the Department of Education.

Salary for employees in the prison education program when paid from funds of this State, shall be in accordance with the regularly adopted salary schedules set forth in Title 14, Chapter 13, Delaware Code. The salary so computed shall be multiplied by 1.2 then divided by.7 as to account for12-month employment and supplements normally provided by local school districts. Employees whose primary job location is onsite within the institution shall also receive hazardous duty supplements as provided in the Merit System. Teachers/supervisors shall receive an administrative supplement of 4%-8% to be determined by the Department of Education with the approval of the Co-Chairs of the Joint Finance Committee.

Upon written request to the Department of Education, existing unit funded Sussex County Technical School District teachers who were assigned to the Sussex Correctional Institution as of May 1, 2000 may be transferred to the Department of Education.

Section Any provisions of the Delaware Code to the contrary notwithstanding, the Department of Education is authorized and directed to provide aides for the purpose of providing mainstreaming services to deaf students as follows:, four in the Capital School District, three in the Lake Forest School District, two each for the Seaford School District and the Woodbridge School District, and one in the Brandywine School District, the Caesar Rodney School District, and the Milford School District.

Section Section 1 of this Act makes an appropriation of $409.7 to Public Education, Block Grants and Pass Through Programs, Special Needs Programs (95-03-20), for Tech Prep 2+2. A Delaware Tech Prep Consortium is formed to provide for overall program development and management, coordination and technical assistance. The Consortium will review and provide technical assistance and in-service training for each proposal submitted to the Department of Education by any partnership initiating or operating a Tech Prep Program. The Consortium will adopt rules and regulations consistent with state regulations and federal legislation.

The Consortium Board of Directors shall include: the President or designee of the Delaware Technical and Community College; the Superintendents of New Castle County Vocational-Technical School District, Kent County Polytech School District and the Sussex County Technical School District; the State Director of Vocational Education, Department of Education, (Ex-Officio); the Executive Director of Delaware Advisory Council on Career and Vocational Education; President or Designee, Delaware State University and Wilmington College and one representative of business and industry. The Superintendent or designee of two comprehensive local school districts will also be appointed consistent with the rules and regulations of the Consortium. Programs will be conducted in all three counties, on all campuses of Delaware Technical and Community College and other postsecondary institutions as specified by the Consortium consistent with federal legislation. All secondary schools are eligible.

Kent County Polytech School District will act as financial agent for the Consortium and an annual financial and program report will be submitted to the co-chairpersons of the Delaware Legislative Joint Finance Committee.

The Consortium may select another member to serve as the financial agent in a subsequent year consistent with the rules and procedures it adopts.

Section Section 1 of this Act makes an appropriation to the State Board of Education, Block Grants and Pass Through Programs, Special Needs Program (95-03-20). Of the amount appropriated, $1,000.0 shall be used to provide services to Limited English Proficient (LEP) students.

The Department of Education shall administer an application process to determine grant awards to local districts.

If funds provided under this section are used for costs associated with teachers and aides, funds can only be used for costs associated with the state share as provided in Title 14, Chapter 13, Sections 1305 and 1324, Delaware Code.

Section (a) Section 1 of this Act provides an appropriation of $3,300.0 to Public Education, Pupil Transportation (95-04-01) for Non-Public School Transportation Reimbursements. This appropriation shall be allocated for qualifying non-public, non-profit schools, based on the procedure adopted by the Joint Finance Committee on April 16, 1981.

(b) Transportation funds for public school districts during the fiscal year ending June 30, 2001, shall be allocated and shall not exceed $49,941.6 (of which $600.0 is designated as a transportation contingency for the Charter and Choice initiatives), according to bus contract or district transportation formula, as adopted by the State Board of Education on July 23, 1987, subject to the following amendments and procedural modifications:

(1) The per gallon price used to calculate the gasoline allowance shall be based on the state contract bid price for unleaded gasoline plus $.07 per gallon for districts and plus $.28 per gallon for contractors. For districts and contractors north of the Chesapeake and Delaware Canal, the per gallon price shall be based on delivery to a large-sized tank (5,000 or more gallons). In the case of contractors located south of the Chesapeake and Delaware Canal, the per gallon price shall be based on delivery to a small-sized tank (275 - 1,900 gallons). Upon determination by the Department of Education that a contractor located North of the Chesapeake and Delaware Canal and operating five or fewer buses does not have existing storage capacity in the large tank range, the per gallon price shall be based on the smaller tank size.

(2) The Fiscal Year 2001 operating allowance will be adjusted for inflation by a rate of three percent.

(3) For the fiscal year ending June 30, 2001, the allowable cost of a new bus purchased by a contractor shall be the Fiscal Year 2000 state bid price for new buses minus two percent for salvage value, plus eleven percent to account for dealer charges and profits not reflected in the state bid price due to the higher number of buses being purchased and the lag time between the ordering and delivery. The Department of Education shall continue to utilize the procedures developed in Fiscal Year 1989 for determining the allowable cost for any size bus that it did not bid in Fiscal?Year?2000. In addition to the procedure for establishing the allowable cost of a new bus specified above, the Department of Education is requested to structure its bids for buses in the fiscal year ending June?30,?2001, in such a manner that public school bus contractors will be permitted to purchase buses from the successful lower bidder at the same price as the State of Delaware. If a contractor elects to purchase a bus at the bid price, that bid price minus two percent for salvage value will be the allowable cost in subsequent reimbursements to the contractor.

(4) The formula rate for reimbursing public school bus contractors for the cost of liability insurance shall be determined by the Department of Education in consultation with the Insurance Commissioner based on the data available on April 30 of the previous fiscal year.

(c) The Department of Education shall amend its transportation formula to permit replacement of a vehicle which has operated 100,000 school-related miles and is seven model-years old or a vehicle which has operated 150,000 school-related miles regardless of the age of the vehicle.

(d) The Department of Education is authorized to amend its formula to allow the purchase of diesel-powered buses as the minimum standard in those sizes where gasoline-powered buses are no longer available.

(e) Except as specified in this Section, or for changes in the price of gasoline, or for the adjustments of those items changed by state or federal laws, the Department of Education shall not change the transportation formula unless the change has been authorized by the General Assembly and an appropriation therefore has been made by the General Assembly.

(f) The Department of Education is authorized to amend its formula such that automatic transmission shall be considered standard equipment on contractor and school district bus purchases.

(g) The Department of Education is authorized to amend its transportation formula to change the miles-per-gallon allotment for 66/72 passenger diesel buses from 9.1 miles-per-gallon to 6.7 miles-per-gallon.

(h) Of the appropriation allocated for public school districts, $64.0 is allocated to purchase a maximum of eight air conditioned buses to transport special need students. The Department of Education is authorized to amend its formula to allow the purchase of air conditioned buses which may be required to transport special education students that have a medical need for air conditioning (specified by a physician), and that go to a special education school.

Section (a) During the fiscal year ending June 30, 2001, the Department of Education is hereby directed to provide bus transportation of public school students previously declared ineligible by the Unique Hazards Committee, including the following:

(1) Students attending the Stanton Junior High School who are now forced to walk along Telegraph Road with a constant threat of injury.

(2) Students attending Mt. Pleasant High School who are now forced to walk along Marsh Road with a constant threat of injury.

(3) Students in the town of Seaford, living west of Conrail and north of the Nanticoke River, who attend the Seaford schools, grades K-6.

(4) Students attending Seaford Central Elementary who live in the area east of Conrail, north of the Nanticoke River, and west of Williams Pond, within the Seaford city limits.

(5) Students attending the Wilmington High School on Lancaster Avenue to Delaware Avenue in the north-south grid and on Jackson Street to duPont Street on the east-west grid.

(6) Students attending Newark High School who live in Windy Hills and are forced to walk along Kirkwood Highway with a constant threat of injury.

(7) Students attending schools in Laurel living in the areas of Lakeside Manor, Route 24 east of Laurel town limits, Route 13A South of Laurel town limits and Dogwood Acres.

(8) Students attending Delcastle Technical High School who live in Newport and are forced to walk along Centerville Road (Rt. 141) with a constant threat of injury.

(9) Students attending Woodbridge Junior-Senior High School who must travel along Route 13A south of Bridgeville, and students living west of Bridgeville who must travel along Route 404 or Route 18.

(10) Students attending Smyrna Middle School who reside in the Sunnyside Acres area between Sunnyside Road and U.S. 13 and who would otherwise be required to walk along U.S. 13 in order to reach school.

(11) Students attending the Concord High School who live south of Naamans Road in the Talleybrook-Chalfonte, Brandywood, Brandon and Beacon Hill areas who must walk along Grubb and/or Naamans Road with a constant threat of injury.

(12) Students attending Richardson Park School and Conrad Junior High School who live on Brookside Drive.

(13) Students attending the Laurel Elementary Schools in Grades K-6 who live in the Town of Laurel and the surrounding areas.

(14) Students attending Dover High School who live in Old Sherwood, south of Waples Avenue.

(15) Students attending the Mt. Pleasant Elementary School, who would be forced to walk along Bellevue Road.

>(16) Students attending the Mt. Pleasant Elementary School, who would be forced to cross over and/or walk along River Road between Lore and Bellevue.

(17) Students attending the Douglas Kindergarten Center, who would be forced to walk along Route 2 (Union Street) or through Canby Park via the paths, with a constant threat of injury.

(18) K-3 - New Todd Estates Development to Jeannie Smith - because of hazards of Route 4 at Pierson Drive intersection.

(19) Children living in West Wilmington Manor who walk to Wilmington Manor Elementary School.

(20) Woodbridge Elementary School students living in the town of Greenwood, west of the railroad tracks.

(21) Woodbridge Jr./Sr. High School students living on Route 13A from Route 13 north of Bridgeville to Bridgeville north of town limits including streets with access to that part of Route 13A.

(22) Talley Jr. High School students who reside in the Ashburn Hills, Greentree, Stoney Brook areas, students who reside in the Woodacre Apartments and students who live along Peachtree Road.

(23) Springer Middle School students residing in Eden Ridge III, Tavistock, Sharpley and Eden Ridge who must cross Concord Pike.

(24) Indian River High School students who live east of Bedford Street.

(25) Smyrna Elementary School students who reside in the proximity of 4272 Judith Road.

(26) Students attending Eisenberg Elementary School who reside in the Castle Hills residential area.

(27) Students attending Castle Hill Elementary School who reside in the Swanwyck area.

(28) Lombardy Elementary School students who must cross Foulk Road.

(29) Central Middle School students who reside in the vicinity of 1508 Dinahs Corner Road.

(30) Students attending the Colwyck Elementary School who live in the Landers Park and Swanwyck Gardens residential areas.

(31) Students attending Central Middle School, living in the area south of Kent General Hospital, to include students living along and south of Westview Terrace, Dover Street, Hope Street and Sackarackin Avenue.

(32) Students of the Appoquinimink School District who reside in Odessa Heights.

(33) Students attending Brandywine High School who live in Concord Manor and are forced to walk along Shellpot Drive and Windley Hill.

(34) Students attending Clayton Elementary, North Elementary or the Bassett Middle School in the Smyrna School District who live on Buresch Drive.

The transportation of the students specified herein shall continue until the funds requested are appropriated and construction is completed. Spur routes shall continue to be served as at present.

Section During the fiscal year ending June 30, 2001, the Department of Education will continue and broaden implementation of the computerized routing system for school bus transportation. During this implementation, the Department is directed to continue to provide bus transportation services to any residential area which has received transportation services since October 1, 1977.

Section The National Highway Traffic Safety Administration (NHTSA) is conducting a two-year research program to consider alternative methods of potentially improving federal school bus passenger crash protection requirements. Based upon NHTSA’s report, the Department of Education will recommend changes to the Delaware school bus specifications so that all school buses will continue to be in compliance with federal safety standards.

Section During the fiscal year ending June 30, 2001, the Department of Education is hereby directed that students attending the Woodbridge School District, who live in the Canterbury Apartments in Bridgeville, will embark and disembark in the parking lot of the apartment complex in lieu of the bus stop area along the heavily traveled U.S. 13.

Section Section 1 of this Act appropriates $53,241.6 to Pupil Transportation (95-04-00) for Public School Transportation. Notwithstanding the provisions of Title 21, Chapter 43, Section 4366, Delaware Code, the following reimbursement methodology is in effect:

(a) For those school districts or private contractors who are operating school buses equipped with cellular phone technology or have no radio or telephonic communication equipment, the Department of Education is authorized to bring said districts and contractors under a State negotiated cellular phone contract such that the State shall pay one-half of the costs associated with the monthly connect charge, subject to the availability of funds.

(b) For those school districts or private contractors who are operating school buses equipped with radio equipment, the department is authorized to reimburse said districts or contractors one-half of the installation cost of the radio equipment on a one-time basis.

Section During Fiscal Year 2001 per the provisions of House Bill No. 442 of the 140th General Assembly, school bus contractors will be compensated at a rate determined by the Department of Education for flashing white lights installed on new buses that will operate on public school contracts. Commencing in Fiscal Year 2002, these school bus contractors will be compensated through the school transportation formula. If this bill or similar legislation is not enacted, this section shall become null and void.

Section Section 1 of this Act appropriates $1,000.0 to the Department of Education - Delaware Center for Educational Technology (DCET) for a Technology Block Grant. DCET shall administer a non-competitive application process to determine grant awards to local school districts and charter schools. Funds provided by this Act shall be used in the following priority order: (1) Supporting the maintenance of existing equipment in the schools either through the use of a full time technology position or contractually, (2) replacement of existing equipment, or (3) such other technology needs as may arise which could improve or enhance the technology capabilities of the district. Such funding distribution shall be calculated on a $20.00 per/pupil cost of technology maintenance. Notwithstanding the funding formula provided herein, each district shall be guaranteed a minimum level of block grant support. The formula developed shall be approved by the co-chairs of the Joint Finance Committee. It shall be the responsibility of the Department of Education to receive and disburse these funds. The Department shall also be charged with the authority to verify the use of the funds and shall require each school district to annually report on expenditures of the funds.

Section Section 1 of this Act appropriates $2,139.4 to the Delaware Center for Education Technology (DCET). It is the intent of the General Assembly that DCET be responsible for an engage in activities related to total project needs and budgets for statewide education technology projects, the establishment of cost-sharing policies, the initiation, procurement and maintenance of statewide education technology contracts, implementation on an on-going basis of professional training programs related to statewide education technology and providing technical assistance to the Department of Education for the initiation of system-wide applications including administrative and curriculum development.

Section Consistent with the provisions of Title 14, Section 509(b), Delaware Code charter schools eligible to receive allocations from the professional accountability and instructional advancement fund, school-based student discipline programs, extra time for students and minor capital improvements program will not be required to submit an application to the Department of Education. Any funds received as a result of the allocation of these programs may be used for current operations, minor capital improvements, debt service payments or tuition payments.

Section Section 1 of this Act makes an appropriation to the Delaware Higher Education Commission (95-08-01) in the amount of $2,208.1 for scholarships and grants. Of that amount, $30.0 shall be used for the Herman M. Holloway, Sr. Scholarship Program per the provisions of Title 14, Chapter 34 of the Delaware Code; $200.0 shall be used for the FAME Scholarship Program; $30.0 shall be used for the MERIT Scholarship Program; $50.0 shall be used for the Professional Librarian/Archives Incentive Program; $40.0 for the Legislative Essay Scholarship; and $50.0 for Critical Teacher Scholarships. Any Herman M. Holloway Sr. Scholarship Program funds remaining after payment of the Holloway Scholarships, may be awarded to Delaware State University students with financial need who applied to the Scholarship Incentive Program.

Section The Delaware Higher Education Commission (DHEC) in the initial award cycle of the SCIP program shall not exceed 120 percent of the annual SCIP appropriation. Funds unused in any given fiscal year may be carried over into a reserve account to be utilized for SCIP awards in the subsequent year with approval of the Department of Education.

Section Section 1 of this Act makes an appropriation to the Delaware Higher Education Commission (95-08-01) in the amount of $2,208.1 for scholarships and grants. Of that amount, $9.7 shall be used for the Charles L. Hebner Scholarship Program per the provisions of House Bill No. 109 of the 140th General Assembly or similar legislation. If this bill or similar legislation is not enacted, the appropriation shall revert to the General Fund of the State of Delaware.

Section Section 1 of this Act makes an appropriation to the Delaware Higher Education Commission (95-08-01) in the amount of $2,208.1 for scholarships and grants. Of this amount, $40.0 shall be used for Legislative Essay Scholarship per the provisions of House Bill No. 545 of the 140th General Assembly or similar legislation. If this bill or similar legislation is not enacted, the appropriation shall revert to the General Fund of the State of Delaware.

Section The Delaware Higher Education Commission (DHEC) and the Department of Education (DOE) shall develop a comprehensive staff integration plan and submit the plan to the Budget Director and Controller General no later than January 1, 2001. The plan shall include but is not limited to recommendations regarding updating the Delaware Code regarding scholarships, the role and responsibility of the Commission, and the role and responsibility of the Department and the State Board of Education with respect to DHEC and staff integration issues. DOE with the approval of the Budget Director and Controller General may implement changes on or after January 1, 2001.

Section Section 1 of this Act appropriates $600.0 to the Department of Education, Delaware Higher Education Commission (95-08-01) for Delaware Student Testing Program Scholarships, to be named the Michael C. Ferguson Achievement Awards. This scholarship program, required by the Education Accountability Act of 1998, will recognize students who demonstrate superior performance on the assessments administered pursuant to 29 Del. C. §151(b) and (c). A total of 600 scholarships at $1,000 each will be awarded to students annually in the following manner: the students with the 150 highest scores on DSTP without reference to any other indicators of performances and the students with the 150 highest scores on DSTP who participate in free and reduced lunch programs in grades eight and ten. The Department of Education will promulgate rules and regulations to implement this program.

Section During the fiscal year ending June 30, 2001, the Department of Education, with the approval of the State Board of Education, is authorized to establish and maintain procedures, by regulation pursuant to Section 3110 (c) of Title 14, Delaware Code, for the conduct of expedited due process hearings which shall be available to children with disabilities and their parents where required by federal or state law, and/or Departmental regulation. For the purposes of such expedited due process hearings, during the fiscal year ending June 30, 2001 the Department of Education is authorized to engage the professional services of a cadre of single hearing officers to preside over such hearings.

Section The Department of Education is authorized to operate a donated leave program beginning in the fiscal year ending June 30, 2000. Such donated leave program shall conform, to the extent practicable, to the provisions of Section 5956, Title 29, Delaware Code.

Section Charter schools for which Fiscal Year 2000 or 2001 shall be their first year of operation shall be eligible to receive an amount equal to $597.96 per full-time professional employee as determined by the September 30 unit count. The funds shall come from the General Contingency and be used in a manner consistent with the funds provided to local school districts for Technology for Staff and Students by the FY 1999 Capital Improvement Act.

Section The Department of Education is exempt from the provisions of Title 29, Chapter 69, Delaware Code, for purposes of contracting with the University of Delaware, Delaware State University, and Delaware Technical Community College.

Section Alternative schools yet to open as of July 1, 2000 shall not be located within 1,000 feet of licensed day care facilities, nursing homes or housing facilities restricted for the use of senior citizens.

Approved July 1, 2000