CHAPTER 224

FORMERLY

HOUSE BILL NO. 364

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1

AN ACT TRANSFERRING FUNDS IN THE FISCAL YEAR 2002 BOND AND CAPITAL IMPROVEMENTS ACT RELATING TO PUBLIC EDUCATION SCHOOL CONSTRUCTION; AMENDING THE FISCAL YEAR 2002 BOND AND CAPITAL IMPROVEMENTS ACT RELATING TO TRANSPORTATION; AMENDING TITLE 29 RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND AMENDING TITLE 29 RELATING TO THE DEVELOPMENT OF IMPACT FEES.

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

Section 1. The General Assembly authorizes the transfer of state funds in the amount of $150,000 originally authorized for Capital, Renovate/Add to B.T./West Dover Elementary; $150,000 originally authorized for Capital, Renovate, Central Middle; and $200,000 originally authorized for Capital, Renovate, William Henry Middle pursuant to Section 3 of Chapter 95, 73 Del. Laws, to the Christina, Statewide Autistic Program Expansion Project to ensure the timely completion of this project. It is the intent of the General Assembly that funding in an amount equal to this transfer shall be reflected as an increase to the lending projects, and as a decrease to the borrowing project in the Fiscal Year 2003 Bond and Capital Improvements Act.

Section 2. The General Assembly authorizes the transfer of state funds in the amount of $1,000,000 originally authorized for Colonial, Renovate Calvin R. McCullough Elementary; $1,000,000 originally authorized for Colonial, Renovate Gunning Bedford Middle; and $1,500,000 originally authorized for Colonial, Renovate John G. Leach School pursuant to Section 16 of Chapter 95, 73 Del. Laws, to the Caesar Rodney, Renovate and Add to Star Hill ES Project to ensure the timely completion of this project. It is the intent of the General Assembly that funding in an amount equal to this transfer shall be reflected as an increase to the lending projects, and as a decrease to the borrowing project in the Fiscal Year 2003 Bond and Capital Improvements Act.

Section 3. The General Assembly authorizes the transfer of state funds in the amount of $1,500,000 originally authorized for New Castle County Vo-Tech, Construct 1000 Pupil High pursuant to Section 3 of Chapter 95, 73 Del. Laws, to the Appoquinimink, Construct 720 Pupil Elementary Project to ensure the timely completion of this project. It is the intent of the General Assembly that funding in an amount equal to this transfer shall be reflected as an increase to the lending project, and as a decrease to the borrowing project in the Fiscal Year 2003 Bond and Capital Improvements Act.

Section 4. Amend Section 94(d), Chapter 95, 73 Del.Laws, by inserting the phrase “and Kent County” after the phrase “Sussex County” appearing in the second sentence thereof.

Section 5. Amend Section 94(d), Chapter 95, 73 Del.Laws, by inserting the following sentence after the second sentence thereof:

“The Section 1 Addendum of this Act also includes sufficient funds for roadway alterations and improvements in or adjacent to State Route 300, relating to a major distribution center proposed for the Smyrna area.”

Section 6. Amend Section 94, Chapter 95, 73 Del.Laws, by deleting the title of the section in its entirety, and inserting in lieu thereof the following:

SR273 Improvements at Quigley Boulevard and Old Baltimore Pike, SR300 Improvements in the Smyrna area, and Service Road Improvements in Kent and Sussex Counties.”

Section 7. Amend Section 94, Chapter 95, 73 Del.Laws by creating a new subsection (j), to read as follows:

“(j) Intersection Operating Capacity Preservation at Old Baltimore Pike and State Route 273. The General Assembly finds as follows:

(1) The intersection at Old Baltimore Pike and State Route 273 is undergoing significant development pressure at a time when the current level of service of this intersection is already unacceptable to the surrounding community.

(2) The Department of Transportation owns a parcel of land adjacent to this intersection, which is capable of being developed for private or public uses.

(3) There are additional parcels of land in the vicinity of this intersection, which if acquired by the Department, could be combined with its existing Department-owned land for public purposes such as wetland mitigation, stormwater management or water quality preservation, transit facilities, or other beneficial purposes such as a location for fire services or other emergency management needs.

(4) It is appropriate for the Department to reduce the development pressures in this area so as to reduce the need to make significant capital improvements along State Route 273 and Old Baltimore Pike, and to preserve for as long as possible the existing level of service at this intersection.

Notwithstanding the provisions of any applicable State law to the contrary, the Department of Transportation is hereby authorized to expend funds appropriated in the Section 1 Addendum to this Act to acquire real property or property rights in the vicinity of this intersection, in order to minimize private development in the area, preserve the existing level of service at the intersection, and to assist in addressing local community needs for emergency services, transit services, and environmental quality improvements, as the Department may deem fitting and proper. Property interests acquired under this section may be obtained by gift, devise, purchase, or in the exercise of the power of eminent domain, by condemnation in the manner prescribed in Chapter 61 of Title 10, Delaware Code, subject to the provisions of Chapter 95, Title 29, Delaware Code. Any subsequent transfer of property or property rights acquired pursuant to this section shall not be subject to the provisions of Section 137 of Title 17 of the Delaware Code, if such transfers are made to a qualified entity engaged in the provision of emergency services.

No sale or commitment of the property shall be made without the concurrence of the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program.

The Department shall report on the progress of this project to the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program by May 1, 2002.”

Section 8. Amend §6404A(a), Title 29 of the Delaware Code by deleting said subsection in its entirety and inserting a new subsection (a) to read as follows:

“(a) The State Police shall have the primary authority to enforce traffic laws on all highways of the State, defined by the Department of Transportation as either full access control or partial access control, including but not limited to Route 1, Route 141 and the Puncheon Run Connector from Route 1 to Route 13, within municipalities in the State unless the State Police have, by specific signed agreement, authorized another jurisdiction to enforce traffic laws on such highways.”

Section 9. Amend §9123(d), Title 29 of the Delaware Code by deleting the date “January 15, 2002” as it appears therein and inserting in lieu thereof the date “May 1, 2002”.

Approved January 24, 2002