CHAPTER 322

FORMERLY

SENATE BILL NO. 394

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE BY CODIFYING CERTAIN SECTIONS OF THE FISCAL YEAR 2002 BUDGET ACT.

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

Section 1. Amend 3 Del. C. §10108 by striking said section in its entirety and substituting in lieu thereof the following:

“The annual operating budget act shall appropriate ASF revenue to the Thoroughbred Racing Commission for operational expenses. The Commission’s revenues, derived from fees, fines and licenses, shall be used to cover their operational expenditures. The Thoroughbred Racing Commission shall maintain three ASF positions used for Stewards. These positions shall be exempt from the classified service as provided in 29 Del. C. c. 59. 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. Should revenues be insufficient to cover the operational costs of the Commission, funds may be transferred from State Lottery revenues 29 Del. C. § 4815 to cover such shortfalls with the concurrence of the Budget Director and the Controller General.”

Section 2. Amend 3 Del. C. §10009 by deleting said section in its entirety and substituting in lieu thereof the following:

“The annual operating budget act shall appropriate ASF revenue to the Harness Racing Commission for operational expenses. The Each Commission’s revenues, derived from fees, fines and licenses, shall be used to cover their respective operational expenditures. The Harness Racing Commission shall maintain three positions used for the State Steward, the Presiding Judge and one Associate Judge. These positions shall be exempt from the classified service as provided in 29 Del. C. c. 59. 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. Should revenues be insufficient to cover the operational costs of the Commission, funds may be transferred from State Lottery revenues 29 Del. C. § 4815 to cover such shortfalls with the concurrence of the Budget Director and the Controller General.”

Section 3. Amend 3 Del C. c. 22 by adding a new § 2249 with the following language:

2249 Nutrient Management Funding

Funds appropriated to the Nutrient Transport program, in the annual operating budget act are intended 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. It is intended that a portion of these funds will be use to remove the nutrients from Delaware and 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 as provided for under 3 Del. C. § 2220(a)(4). Any appropriation to the Nutrient Management Contingency shall be used for the sole purpose of nutrient relocation and/or nutrient management planning pursuant to these guidelines.”

Approved June 25, 2002