CHAPTER 307

FORMERLY

SENATE BILL NO. 320

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2005; 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, 2005, 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 2005, 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Section Any previous Act inconsistent with the provisions of this Act is hereby repealed to the extent of such inconsistency.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 29 Del. C. § 5903, prior to July 1, 1987, shall remain exempt for this current fiscal year, except as otherwise specified in this Act.

Section (a) Notwithstanding the provisions of 29 Del. C. § 6334(c), for Fiscal Year 2005, 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.

(b) Notwithstanding the provisions of 29 Del. C. § 6340(a), Section 1 of this Act summarizes salary and wage and other employment costs into a single line entitled Personnel Costs.

(c) For Fiscal Year 2005, the payroll recovery rate for the Worker’s Compensation Program shall be 1.23 percent.

(d) For Fiscal Year 2005, the payroll recovery rate for the Deferred Compensation Program shall be .13 percent. This rate shall be combined with the Fiscal Year 2005 payroll recovery rate for Worker’s Compensation. An amount equal to thirteen one-hundredths (.0013) of the total payroll recovery shall be transferred from the Office of the Budget to the Office of the State Treasurer after each pay cycle is completed. The funds shall be used exclusively for the state match of the Deferred Compensation Program.

(e) Section 1 of this Act provides funding for a state employee pension rate of 13.25 percent. The components of the rate are 4.91 percent for the pension liability, 5.91 percent for retiree health insurance costs, and 2.43 percent for the Post-Retirement Increase Fund.

(f) Section 1 of this Act provides funding for a judicial pension rate of 22.56 percent.

(g) Section 1 of this Act provides funding for a new State Police pension rate of 13.03 percent.

(h) The abbreviations set forth in this Act for authorized positions or funding mean the following:

GF – General Fund

ASF – Appropriated Special Funds

NSF – Non-appropriated Special Funds

TFO – Trust Fund Operations

TFC – Trust Fund Capital

FTE – Full-Time Equivalent

(i) All Merit Rules referenced in this Act refer to the Merit Rules in effect June 30, 2004.

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.

(i) The defined labor market survey for Fiscal Year 2005 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) In the event of non-participation by one or more of the above organizations, a like government organization may be substituted in its place with the approval of the State Personnel Director, State Budget Director and the Controller General.

(iii) The findings of the survey in Section 8(a) for Fiscal Year 2005 shall be calculated in the same manner as Fiscal Year 2004, using a comparable weighting formula and other components.

Effective July 1, 2004, 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 16,509** 19,551 23,461

2 16,736 20,920 25,104

3 17,911 22,389 26,867

4 19,161 23,951 28,741

5 20,506 25,632 30,758

6 21,940 27,425 32,910

7 23,473 29,341 35,209

8 25,117 31,396 37,675

9 26,878 33,597 40,316

10 28,758 35,948 43,138

11 30,769 38,461 46,153

12 32,924 41,155 49,386

13 35,230 44,037 52,844

PAY 80% of 100% of 120% of

GRADE Midpoint Midpoint Midpoint

14 37,691 47,114 56,537

15 40,333 50,416 60,499

16 43,158 53,948 64,738

17 46,178 57,723 69,268

18 49,409 61,761 74,113

19 52,868 66,085 79,302

20 56,573 70,716 84,859

21 60,530 75,663 90,796

22 64,767 80,959 97,151

23 69,302 86,628 103,954

24 74,157 92,696 111,235

25 79,345 99,181 119,017

26 84,898 106,123 127,348

* - Annual Salary in Whole Dollars.

** - Minimum State Salary.

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 16,683 20,854 25,025

2 17,852 22,315 26,778

3 19,102 23,877 28,652

4 20,438 25,547 30,656

5 21,871 27,339 32,807

6 23,401 29,251 35,101

7 25,039 31,299 37,559

8 26,793 33,491 40,189

9 28,668 35,835 43,002

10 30,674 38,343 46,012

11 32,819 41,024 49,229

12 35,119 43,899 52,679

13 37,577 46,971 56,365

14 40,209 50,261 60,313

15 43,022 53,778 64,534

16 46,036 57,545 69,054

17 49,256 61,570 73,884

18 52,703 65,879 79,055

19 56,394 70,492 84,590

20 60,343 75,429 90,515

21 64,568 80,710 96,852

22 69,088 86,360 103,632

23 73,921 92,401 110,881

24 79,098 98,872 118,646

PAY 80% of 100% of 120% of

GRADE Midpoint Midpoint Midpoint

25 84,634 105,792 126,950

26 90,558 113,198 135,838

* - Annual Salary in Whole Dollars.

(iv) Merit Rule 4.13.3 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 Health & Social Services Drug Control and Enforcement Agents

Chief Drug Control and Enforcement

Drug Control Administrator

Department of Correction Food Service Quality Control Administrator

Community Work Program Coordinator

Director of Probation and Parole

Pre-Trial Presentence Manager

Probation and Parole Officer

Probation and Parole Regional Manager

Probation and Parole Supervisor

Probation and Parole Operations Manager

Support Services Manager–DCC

Special Services Manager

Trainer/Educator I, II, III

Correctional Treatment Administrator-DCC

Correctional Treatment Administrator-SCI

Correctional Officer

Correctional Security Superintendent

Warden and Deputy Warden

Department of Agriculture Meat Inspectors/Supervisor

Meat and Poultry Inspector Officer

Food Products Inspection Administrator

Fire Prevention Commission Training Administrator I

Department of Safety and Homeland Security Telecommunications Specialist Series (ERC)

Telecommunications Central Control Specialist

Series

Department of Transportation Toll Collectors

Toll Collection Supervisor

Transportation Management Center

Toll Corporals

Toll Sergeants

(v) During the fiscal year ending June 30, 2005, 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) 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(b)(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, 2004, 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, 2005. 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, 2005. 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, 2004, prior to the application of the general increase outlined in Section 8(c)(1)(i), whose salary in effect as of June 30, 2004, 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, 2004, after the application of the general increase outlined in Section 8(c)(1)(i) whose salary in effect as of June 30, 2004, 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, 2004. 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, 2004, the shift differential rates paid to registered nurses in accordance with the provisions of Merit Rule 4.15 shall be the same amount in effect as of June 30, 2000.

(c) SALARY INCREASES FOR FISCAL YEAR 2005.

The amount appropriated by Section 1 of this Act for salaries includes the estimated amount needed to provide for a general 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, 2004, the salary of each employee shall be increased by adding the Fiscal Year 2004 pay supplement to an employee’s base salary then applying 3 percent or $750.00 whichever is greater.

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

(2) (i) The provisions of Subsection (c) 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 (c) of this Section shall not apply to the Governor, members of the General Assembly, Deputy Attorneys General covered by the attorney pay plan, Associate Public Defenders covered by the attorney pay plan, 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 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 Safety and Homeland Security, employees of the Department of Technology and Information, 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(c)(1)(i)(ii), due to an unsatisfactory performance rating in accordance with Merit Rule 13.3, shall become eligible for the salary increase upon meeting job requirements as defined by their supervisor, but the salary increase will not be retroactive.

(iv) Notwithstanding Chapters 4.0 and 5.0 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 the Fiscal Year 2004 pay supplement added to their base salary plus a 3 percent salary increase effective July 1, 2004. This plan shall continue in Fiscal Year 2005 as it was established in 71 Del. Laws, c. 354 § 247. In addition, the salary levels established in the Competency Based Pay Plan shall be increased by 3 percent effective July 1, 2004.

(v) Notwithstanding Chapters 4.0 and 5.0 of the Merit rules, any attorney covered under the salary matrices approved for the Office of the Attorney General and the Public Defender shall receive the Fiscal Year 2004 pay supplement added to their base salary plus a 3 percent salary increase, effective July 1, 2004. In Fiscal Year 2005, the salary plans approved for the Office of the Attorney General and Public Defender shall continue as established. In addition, the salary matrices approved for said plans shall be increased by 3 percent effective July 1, 2004.

(2) The amount appropriated by Section 1 of this Act for Salaries provides increases for:

(a) Statutory step increases for Department of Education and Delaware Technical and Community College plans A and D, as provided in Title 14,

(b) Negotiated, collective bargaining increases for Uniformed members of the Delaware State Police and full-time and regular part-time non-merit Telecommunications Specialists, Senior Telecommunications Specialist, Telecommunication Shift Supervisors, Telecommunication 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 Safety and Homeland Security, and

(c) Federal salary plan increases for Delaware National Guard employees.

(2) Section 1 of this Act appropriates funding in Personnel Costs to the Office of the Attorney General (15-01-00) and to the Public Defender (15-02-00) to be used to pay for salary matrices as approved by the Joint Finance Committee, notwithstanding Chapters 4.000 and 5.000 of the Merit Rules. These salary matrices are intended to maintain the salaries of these attorneys at competitive rates. A committee consisting of the Attorney General, the State Personnel Director, the Budget Director and the Controller General will biannually review the Department of Justice Salary Plan. A committee consisting of the Public Defender, the State Personnel Director, the Budget Director and the Controller General will biannually review the Public Defender Salary Plan.

(d) MAINTENANCE REVIEWS.

(1) 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, 2004, provided that such reclassifications/regrades have been processed as part of the regular budgetary process and the funds for such reclassifications/regrades have been appropriated. Maintenance Review classification determination may be appealed to the Merit Employee Relations Board in accordance with 29 Del. C. § 5915. Paygrade determinations shall not be appealed.

(2) Any such title changes which the State Personnel Director determines to be warranted as a result of a consolidation review shall be implemented as they are completed and approved by the Budget Director and the Controller General. A consolidation review is for the specific purpose of combining current class titles and class specifications that are in the same occupational area and require sufficiently similar knowledge, skills, abilities and minimum qualifications. A consolidation review will not impact the current levels of work and corresponding pay grades in a class series. It will only affect the current title assigned to positions, the corresponding class specification, levels of work and minimum qualifications will be written general in nature rather than agency or program specific.

(e) 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, 2005, or July 1, 2005, 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.

(f) OTHER RECLASSIFICATIONS.

Other than those reclassifications/regrades approved in accordance with Section 8(d) or 8(e), no position shall be reclassified or regraded during the fiscal year ending June 30, 2005.

(g) 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 14 Del. C. § 1305, 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 14 Del. C. § 1305(b), divided by 0.7 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.

(h) 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) Consistent with Chapter 13 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, 2005.

(3) Employees who retain salary upon voluntary demotion in accordance with Merit Rule 4.7 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.

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

Merit Rule 4.14 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.

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

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.

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

The Merit Rule 4.16 notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for call back pay regardless of their classification.

(l) STANDBY PAY - HIGHWAY EMERGENCY RESPONSE TEAM.

The Merit Rule 4.17 notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for standby pay regardless of their classification.

(m) SALARY PLAN - PUBLIC EDUCATION.

Salary schedules and staffing formulas contained in 14 Del. C. c. 13, shall be revised as specified in this Subsection.

(1) Amend 14 Del. C. § 1305(a), by striking the indexed schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

Bach. Bach. Mast. Mast. Mast.

Degree Degree Degree Degree Degree

“Yrs. Plus 15 Plus 30 Plus 15 Plus 30 Plus 45

of No Bach. Grad. Grad. Mast. Grad. Grad. Grad. Doctor’s

Exp. Degree Degree Credits Credits Degree Credits Credits Credits Degree

0 0.9610 1.0000 1.0390 1.0780 1.1365 1.1755 1.2145 1.2536 1.2926

1 0.9707 1.0098 1.0488 1.0878 1.1463 1.1853 1.2243 1.2633 1.3023

2 0.9795 1.0195 1.0585 1.0975 1.1560 1.1950 1.2340 1.2731 1.3121

3 1.0146 1.0536 1.0926 1.1317 1.1902 1.2292 1.2682 1.3072 1.3462

4 1.0439 1.0800 1.1151 1.1512 1.2038 1.2389 1.2828 1.3218 1.3608

5 1.0800 1.1151 1.1512 1.1863 1.2389 1.2750 1.3101 1.3462 1.3813

6 1.1151 1.1512 1.1863 1.2214 1.2750 1.3101 1.3462 1.3813 1.4164

7 1.1512 1.1863 1.2214 1.2575 1.3101 1.3462 1.3813 1.4164 1.4525

8 1.1863 1.2214 1.2575 1.2926 1.3989 1.4340 1.4700 1.5052 1.5412

9 1.2214 1.2575 1.2926 1.3277 1.4340 1.4700 1.5052 1.5412 1.5763

10 1.3277 1.3638 1.4700 1.5052 1.5412 1.5763 1.6115

11 1.3638 1.3989 1.5052 1.5412 1.5763 1.6115 1.6475

12 1.4340 1.5412 1.5763 1.6115 1.6475 1.6826

13 1.4700 1.5763 1.6115 1.6475 1.6826 1.7177

14 1.6115 1.6475 1.6826 1.7177 1.7538

15 1.7177 1.7538 1.7889

In addition to the indices specified in the schedule contained in this subsection, the following shall apply to certain individuals paid in accordance with this schedule who were employed by a school board in Delaware on June 30, 1994:

(1) An employee with no degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.227 for the fiscal year ending June 30, 1995, at an index of 1.264 for the fiscal year ending June 30, 1996, at an index of 1.300 for the fiscal year ending June 30, 2000, and at an index rate of 1.2926 for the fiscal year ending June 30, 2005 and for subsequent fiscal years

(2) An employee with no degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, and at an index rate of 1.2926 for the fiscal year ending June 30, 2005 and for subsequent fiscal years.

(3) An employee with no degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 2000, and at an index rate of 1.2926 for the fiscal year ending June 30, 2005 and for subsequent fiscal years.

(4) An employee with a Bachelor's Degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, at an index of 1.300 for the fiscal year ending June 30, 1996, at an index of 1.336 for the fiscal year ending June 30, 2000, and at an index of 1.3277 for the fiscal year ending June 30, 2005 and for subsequent fiscal years.

(5) An employee with a Bachelor's Degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, and at an index rate of 1.3277 for the fiscal year ending June 30, 2005 and for subsequent fiscal years.

(6) An employee with a Bachelor's Degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, at an index of 1.336 for the fiscal year ending June 30, 2000, and at an index rate of 1.3277 for the fiscal year ending June 30, 2005 and for subsequent fiscal years.

(7) An employee with a Bachelor's Degree plus 15 credits who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, and at an index rate of 1.3989 for the fiscal year ending June 30, 2005 and for subsequent fiscal years.

(8) An employee with a Bachelor's Degree plus 15 credits who was paid in accordance with the 11-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, at an index of 1.409 for the fiscal year ending June 30, 2000, and at an index of 1.3989 for the fiscal year ending June 30, 2005 and for subsequent fiscal years.”

(2) Amend 14 Del. C. § 1305(b), by deleting the first sentence and inserting in lieu thereof the following sentence:

“The base salary amount for this section, for the fiscal year ending June 30, 2005, shall be $24,923.”

(3) Amend 14 Del. C. § 1308(a), 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 13,556 15,049 15,861 16,309 17,053

1 14,102 15,595 16,365 16,816 17,566

2 14,646 16,097 16,870 17,324 18,080

3 15,193 16,600 17,374 17,829 18,593

4 15,704 17,102 17,878 18,336 19,167

5 16,187 17,605 18,383 18,869 19,746

6 16,669 18,107 18,918 19,441 20,327

7 17,151 18,607 19,488 20,013 20,906

8 17,634 19,170 20,057 20,585 21,487

9 18,117 19,737 20,626 21,157 22,066

10 18,599 20,303 21,194 21,731 22,646

11 19,139 20,870 21,763 22,303 23,225

12 19,683 21,435 22,333 22,874 23,806

13 20,228 22,003 22,903 23,447 24,385

14 20,774 22,570 23,471 24,021 24,964

15 21,319 23,137 24,040 24,590 25,547

16 21,863 23,702 24,610 25,162 26,126

17 22,410 24,270 25,180 25,735 26,705

18 22,953 24,836 25,749 26,306 27,285

19 23,498 25,404 26,318 26,881 27,866

20 24,041 25,970 26,886 27,453 28,444

"Years of Senior Financial Administrative

Experience Clerk Secretary Secretary Secretary Secretary

21 24,599 26,549 27,468 28,037 29,037

22 25,171 27,142 28,063 28,634 29,643”

(4) Amend 14 Del. C. § 1311(a), 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 16,494 17,000 17,257 18,274 18,745 19,193

1 16,875 17,382 17,639 18,656 19,223 19,770

2 17,257 17,764 18,021 19,053 19,725 20,341

3 17,638 18,146 18,401 19,481 20,222 20,914

4 18,021 18,526 18,785 19,914 20,657 21,488

5 18,401 18,906 19,195 20,345 21,220 22,061

6 18,785 19,340 19,627 20,772 21,720 22,633

7 19,195 19,772 20,055 21,200 22,219 23,207

8 19,627 20,199 20,486 21,631 22,719 23,780

9 20,055 20,629 20,914 22,061 23,215 24,355

10 20,486 21,059 21,345 22,491 23,717 24,926

11 20,914 21,491 21,776 22,919 24,215 25,501

12 21,353 21,934 22,218 23,354 24,725 26,089

13 21,801 22,386 22,671 23,799 25,246 26,691"

(5) Amend 14 Del. C. § 1322(a), by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

“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 15,226 16,156 17,083 18,009 18,922 20,046 20,604

1 15,690 16,616 17,547 18,474 19,340 20,183 21,025

2 16,156 17,083 18,009 18,922 19,761 20,604 21,446

3 16,616 17,547 18,474 19,340 20,183 21,025 21,867

4 17,083 18,009 18,922 19,761 20,604 21,446 22,288

5 17,547 18,474 19,340 20,183 21,025 21,867 22,710

6 18,009 18,922 19,761 20,604 21,446 22,288 23,167

7 18,474 19,340 20,183 21,025 21,867 22,710 23,631

Yrs of

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

8 18,922 19,761 20,604 21,446 22,288 23,167 24,098

9 19,340 20,183 21,025 21,867 22,710 23,631 24,562

10 19,761 20,604 21,446 22,288 23,167 24,098 25,024

11 20,183 21,025 21,867 22,710 23,631 24,562 25,487

12 20,604 21,446 22,288 23,167 24,098 25,024 25,954

13 21,025 21,867 22,710 23,631 24,562 25,487 26,417

14 21,446 22,288 23,167 24,098 25,024 25,954 26,885

15 21,867 22,710 23,631 24,562 25,487 26,417 27,351

16 22,300 23,182 24,106 25,035 25,962 26,889 27,825

17 22,742 23,670 24,591 25,518 26,447 27,370 28,310”

(6) Amend 14 Del. C. § 1322(c), 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 9.34 10.15

1 9.47 10.26

2 9.62 10.39

3 9.71 10.49

4 9.83 10.63

5 9.99 10.80

6 10.14 10.90

7 10.23 10.98

8 10.30 11.08

9 10.41 11.20

10 10.52 11.34

11 10.71 11.47

12 10.83 11.61

13 10.95 11.73

14 11.08 11.83

15 11.20 11.98

16 11.35 12.14

17 11.49 12.23

18 11.64 12.32

19 11.79 12.43"

(7) Amend 14 Del. C. § 1324(b), by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

“Years of Experience Service Aides Instructional Aides

0 12,775 15,030

1 13,111 15,442

2 13,448 15,854

3 13,789 16,268

4 14,125 16,679

5 14,461 17,094

6 14,798 17,506

7 15,136 17,919

8 15,473 18,329

9 15,812 18,742

10 16,148 19,153

11 16,483 19,531

12 16,823 19,904

13 17,159 20,280

14 17,495 20,652

15 17,833 21,031

16 18,171 21,404

17 18,508 21,780

18 18,845 22,153

19 19,181 22,529

20 19,487 22,904

21 19,800 23,287

22 20,120 23,716"

(8) Each school district shall continue to use salary schedules not less than those in 14 Del. C. § 1322, for all school lunch employees.

(9) Effective July 1, 2004, the State shall pay 68.0 percent of the annual salary rate for school lunch employees as set forth in the salary schedules in 14 Del. C. § 1322(a)(b), and 60.0 percent of salary rate for school lunch employees as set forth in the salary schedule 14 Del. C. § 1322(c). 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 29 Del. C. § 5501.

(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 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 14 Del. C. c. 13, 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.

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

(1) For each fiscal year, the minimum increase for 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.

(2) Amend 14 Del. C. §9219(a), by striking the indexed schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:

Bach. Bach. Mast. Mast. Mast.

Degree Degree Degree Degree Degree

“Yrs. Plus 15 Plus 30 Plus 15 Plus 30 Plus 45

of No Assoc. Bach. Grad. Grad. Mast. Grad. Grad. Grad. Doctor’s

Exp. Degree Degree Degree Credits Credits Degree Credits Credits Credits Degree

0 0.902 0.961 1.000 1.039 1.079 1.118 1.157 1.197 1.236 1.255

1 0.927 0.986 1.025 1.064 1.103 1.143 1.183 1.222 1.261 1.281

2 0.951 1.011 1.049 1.087 1.128 1.167 1.206 1.246 1.285 1.306

3 0.958 1.014 1.051 1.088 1.138 1.177 1.215 1.253 1.292 1.310

4 0.965 1.019 1.054 1.089 1.149 1.187 1.224 1.260 1.298 1.316

5 1.001 1.054 1.089 1.126 1.161 1.197 1.233 1.268 1.305 1.322

6 1.036 1.089 1.126 1.161 1.197 1.233 1.268 1.305 1.340 1.358

7 1.073 1.126 1.161 1.197 1.233 1.268 1.305 1.340 1.375 1.394

8 1.108 1.161 1.197 1.233 1.268 1.305 1.340 1.375 1.412 1.429

9 1.143 1.197 1.233 1.268 1.305 1.340 1.375 1.412 1.447 1.465

10 1.152 1.233 1.268 1.305 1.340 1.375 1.412 1.447 1.482 1.500

11 “ 1.242 1.305 1.340 1.375 1.412 1.447 1.482 1.519 1.536

12 “ “ 1.313 1.375 1.412 1.447 1.482 1.519 1.554 1.572

13 “ “ “ 1.384 1.447 1.482 1.519 1.554 1.590 1.607

14 “ “ “ “ 1.456 1.519 1.554 1.590 1.626 1.644

15 “ “ 1.359 1.403 1.492 1.554 1.590 1.626 1.661 1.679

16 1.367 1.412 1.501 1.590 1.626 1.661 1.698 1.715

17 “ “ “ “ “ 1.598 1.635 1.670 1.706 1.724

18 “ “ “ “ “ “ “ “ “ “

19 “ “ “ “ “ “ “ “ “ “

20 “ “ “ “ “ 1.626 1.670 1.715 1.759 1.805

21 “ “ “ “ “ 1.635 1.680 1.724 1.769 1.814

Bach. Bach. Mast. Mast. Mast.

Degree Degree Degree Degree Degree

Yrs. Plus 15 Plus 30 Plus 15 Plus 30 Plus 45

of No Assoc. Bach. Grad. Grad. Mast. Grad. Grad. Grad. Doctor’s

Exp. Degree Degree Degree Credits Credits Degree Credits Credits Credits Degree

22 “ “ “ “ “ “ “ “ “ “

23 “ “ “ “ “ “ “ “ “ “

24 “ “ “ “ “ “ “ “ “ “

25 “ “ “ “ “ 1.670 1.715 1.759 1.805 1.849

26 “ “ “ “ “ 1.680 1.724 1.769 1.814 1.858

INDEX DERIVATION

Base = 1.00

The base salary for 10-month employees shall be calculated by taking the salary derived at Bachelor's degree, 0 years from Section 1305(b), Title 14, Delaware Code, and dividing by .684 to account for 100% state funding.”

Section Salaries and wage rates for state employees who are not covered by the provisions of 14 Del. C. c. 13, 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 Department of Safety and Homeland Security, 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 the Delaware Center for Educational Technology, 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, 2004, 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(b) and (c) of this Act and Merit System Rules 4.6 and 4.12; 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, 2004, is below the minimum salary of the assigned paygrade of the pay plan shall be raised to the minimum salary.

(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.

Section (a) For the fiscal year ending June 30, 2005, the salaries displayed below represent the salary effective on July 1, 2004.

General All Other

Budget Unit Line Item Funds Funds

(01-01-01) Representative 36.5

(01-02-01) Senator 36.5

(02-01-00) Chief Justice - Supreme Court 157.7

(02-01-00) Justice - Supreme Court 152.0

(02-02-00) Chancellor - Court of Chancery 150.3

(02-02-00) Vice Chancellor - Court of Chancery 145.0

(02-03-00) President Judge - Superior Court 150.3

(02-03-00) Associate Judge - Superior Court 145.0

(02-03-00) Commissioner- Superior Court 88.9

(02-03-00) New Castle County Prothonotary 59.5

(02-03-00) Kent County Prothonotary 52.8

(02-03-00) Sussex County Prothonotary 52.8

(02-06-00) Chief Judge - Court of Common Pleas 148.7

(02-06-00) Judge - Court of Common Pleas 141.2

(02-06-00) Commissioner - Court of Common Pleas 88.9

(02-08-00) Chief Judge - Family Court 150.3

(02-08-00) Associate Judge - Family Court 145.0

(02-08-00) Commissioner - Family Court 88.9

(02-13-00) Chief Magistrate - Justice of the Peace Courts 104.1

(02-13-00) Magistrate - Justice of the Peace Courts - 1st Term 59.9

(02-13-00) Magistrate - Justice of the Peace Courts - 2nd Term 62.0

(02-13-00) Magistrate - Justice of the Peace Courts - 3rd Term 64.0

(02-17-00) St. Court Administrator – Off. of the St. Court Administrator 111.8

General All Other

Budget Unit Line Item Funds Funds

(02-18-00) Public Guardian 62.4

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

Board 51.1

(02-18-00) Executive Director - Child Placement Review Board 56.4

(10-01-01) Governor 114.0

(10-02-00) Budget Director 117.4

(10-02-08) Director - SAC 82.2

(10-03-01) Director - Delaware Economic Development Office 109.8

(10-04-00) Personnel Director 109.8

(10-07-01) Executive Director - CJC 83.2

(10-07-01) Director – Domestic Violence Coordinating Council 61.4

(10-07-02) Executive Director – DELJIS 73.9

(10-08-01) Director - Delaware State Housing Authority 102.6

(11-00-00) Chief Information Officer 138.2

(12-01-01) Lieutenant Governor 64.9

(12-02-01) Auditor 93.2

(12-03-01) Insurance Commissioner 93.2

(12-05-01) State Treasurer 97.4

(15-01-01) Attorney General 120.8

(15-01-01) Chief Deputy Attorney General 113.9

(15-02-01) Public Defender 120.8

(15-02-01) Chief Deputy Public Defender 113.9

(15-03-01) Parole Board Chairman 70.0

(20-01-00) Secretary - State 109.8

(20-02-00) Director - Human Relations 65.7

General All Other

Budget Unit Line Item Funds Funds

(20-03-00) Director – Division of Archives 79.3

(20-05-00) Director - Corporations 99.9

(20-06-00) Director - Historical and Cultural Affairs 82.4

(20-07-00) Director - Arts 72.3

(20-08-00) State Librarian 78.1

(20-15-00) State Banking Commissioner 99.2

(25-01-00) Secretary – Finance 117.4

(25-05-00) Director - Accounting 95.3

(25-06-00) Director – Revenue 110.7

(25-07-00) Director - State Lottery 93.6

(30-01-00) Secretary - Administrative Services 102.4

(30-01-00) Director - Administration 81.1

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

Board 70.5

(30-03-00) Public Advocate 75.6

(30-03-00) Director - Public Service Commission 80.9

(30-03-00) Director - Professional Regulation 78.5

(30-04-00) Director – Support Services 26.7 51.8

(30-05-00) Director - Facilities Management 86.5

(30-05-00) Executive Secretary - Architectural Accessibility Bd. 42.4

(35-01-00) Secretary - Health and Social Services 117.4

(35-01-00) Director - Management Services 91.5 10.3

(35-04-00) Chief Medical Examiner 140.1

(35-05-00) Director - Public Health 146.5

(35-06-00) Director – Substance Abuse and Mental Health 126.1

General All Other

Budget Unit Line Item Funds Funds

(35-07-00) Director - Social Services 51.0 51.0

(35-08-00) Director - Visually Impaired 72.1

(35-09-00) Director - Long-Term Care Residence Protection 81.9

(35-10-00) Director - Child Support Enforcement 27.0 54.8

(35-11-00) Director – Developmental Disabilities Services 101.9

(35-12-00) Director - State Service Centers 81.9

(35-12-00) Director - Community and Volunteer Services 67.1

(35-14-00) Director - Services for Aging and Adults

with Physical Disabilities 81.9

(37-01-00) Secretary - Services for Children,

Youth and Their Families 109.8

(37-01-00) Director - Management Services 92.8

(37-04-00) Director - Child Mental Health Services 92.8

(37-05-00) Director - Youth Rehabilitative Services 92.8

(37-06-00) Director - Family Services 92.8

(38-01-00) Commissioner - Correction 117.4

(38-01-00) Bureau Chief - Management Services 84.5

(38-04-00) Bureau Chief - Prisons 101.9

(38-06-00) Bureau Chief - Community Corrections 97.0

(40-01-00) Secretary - Natural Resources and

Environmental Control 109.8

(40-01-00) Deputy Secretary - Natural Resources

and Environmental Control 95.3

(40-05-00) Director - Fish and Wildlife 43.7 43.7

(40-06-00) Director - Parks and Recreation 88.2

General All Other

Budget Unit Line Item Funds Funds

(40-07-00) Director - Soil and Water Conservation 87.4

(40-08-00) Director - Water Resources 90.0

(40-09-00) Director - Air and Waste Management 90.0

(40-09-00) Director - Boiler Safety 56.8

(45-01-00) Secretary – Safety and Homeland Security 109.8

(45-01-00) Director - Del. Emergency Management Agency 36.3 36.3

(45-03-00) Commissioner – Alcoholic Beverage Control 102.4

(45-04-00) Director - Alcoholic Beverage

Control and Tobacco Enforcement 72.7

(45-06-00) Superintendent - State Police 135.2

(45-06-00) Assistant Superintendent - State Police 124.1

(55-01-01) Secretary - Transportation 109.8

(55-02-01) Director – Technology and Support Services 103.6

(55-03-01) Director - Planning 103.6

(55-04-01) Director – Maintenance and Operations 103.6

(55-06-01) Director - Delaware Transit Corporation 103.6

(55-08-30) Chief Engineer 103.6

(55-11-10) Director - Motor Vehicles 103.6

(60-01-00) Secretary - Labor 9.7 89.2

(60-06-00) Director - Unemployment Insurance 84.9

(60-07-00) Director - Industrial Affairs 84.9

(60-08-00) Director - Vocational Rehabilitation 84.9

(60-09-00) Director - Employment and Training 8.5 76.4

(65-01-00) Secretary - Agriculture 102.4

(65-01-00) Deputy Secretary - Agriculture 76.1

General All Other

Budget Unit Line Item Funds Funds

(70-01-01) Commissioner - Elections 71.8

(70-02-01) Administrative Director - New Castle County Elections 68.0

(70-02-01) Deputy Administrative Director - New Castle

County Elections 68.0

(70-03-01) Administrative Director - Kent County Elections 68.0

(70-03-01) Deputy Administrative Director - Kent County Elections 66.7

(70-04-01) Administrative Director - Sussex County Elections 68.0

(70-04-01) Deputy Administrative Director - Sussex County Elections 66.7

(75-01-01) State Fire Marshal 48.3 23.9

(75-02-01) Director - State Fire School 72.2

(76-01-01) Adjutant General 95.2

(95-01-00) Secretary of Education 138.2

(95-01-00) Deputy Secretary of Education 113.4

(95-06-00) Executive Secretary - Advisory Council on Career

and Vocational Education 89.8

(95-08-01) Executive Director - Higher Education Commission 74.7

(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), and (vii).

(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 in the event the salary is higher than the amount listed in Section 10(a).

(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) The salary in Section 10 for the Superintendent and Assistant Superintendent of the State Police has been calculated in accordance with 11 Del. C. § 8303. If the salary of the highest paid Major increases during the fiscal year, the salaries of the Superintendent and the Assistant Superintendent shall be increased in accordance with 11 Del. C. § 8303. If the salary of the highest paid Major decreases during the fiscal year, the incumbent Superintendent’s and Assistant Superintendent’s salaries shall not change.

(c) Effective May 1, 2005, 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 2005 and the number of points of any recommended changes for any position for Fiscal Year 2006.

(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, 2004

General All Other

Budget Unit Line Item Funds Funds

(10-04-00) Board Members - Pensions 15.0

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

(15-03-01) Board Members - Parole 46.1

(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 155.0

(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 13.6

(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 29 Del. C. § 710 by deleting subsections (a) in its entirety and substituting in lieu thereof the following:

"(a) The Lieutenant Governor shall receive an annual salary of $64,900 for serving as President of the Senate, of which $11,124 shall be for performing other duties."

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 29 Del. C. c. 33.

Section Amend Title 29, Section 8308 (g) by deleting the figure “$100” as it appears therein and inserting in lieu thereof the figure “$150.”

Section Effective January 18, 2005, the annual salary for the Governor shall be increased to $132.5 pursuant to the Delaware Compensation Commission Final Report, dated January 9, 2001. The report has the force and effect of law since it was not rejected in full by the General Assembly prior to February 1, 2001.

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 Vacant positions in pay grades 1 - 5 will be filled by agency recruitment efforts unless an eligibility list is required by federal law for a position.

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. The final audit costs will be provided to the agencies and schools by the Office of Auditor of Accounts by August 31 of each calendar year.

(b) Process audit cost payment documents (Intergovernmental Vouchers and invoices from accounting firms) 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 17 Del. C. § 137.

Section With the exception of the custodial work associated with Legislative Hall and the Governor's Office, the Department of Administrative Services 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 Chapters 4.0 and 5.0 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 the fiscal year, the provisions of 29 Del. C. § 6502(a), 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 All agencies receiving an Energy appropriation in Section 1 of this Act must work through Department of Natural Resources and Environmental Control and the Executive Department, Office of the Budget 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 Natural Resources and Environmental Control 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 (a) 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 a report on their use of their videophone(s) by December 1 of each year. This report shall be based on a period from July 1 through June 30 and shall contain information such as, but not limited to, 1) the number of videophones used; 2) the types of activities for which the videophone(s) is/are used; 3) the number of times the videophone(s) was/were 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).

(b) The Department of Correction shall submit a report of videophone usage to the Budget Director, Controller General and members of the Joint Finance Committee by December 1 of each year. This report shall be based on a period from July 1 through June 30 and shall include a detailed description of the actual savings, deferred costs and previously anticipated savings and deferrals that were not realized.

Section Notwithstanding any other provision of the Delaware Code or this Act to the contrary, the Office of the Budget, 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.

Section Pursuant to Merit Rules 4.4.2 and 4.4.3, an agency that requests approval of a starting rate higher than 85 percent of midpoint, or that requests that incumbents be leveled up to the advanced salary of newly hired employee, shall provide documentation that sufficient funds exist within the agency’s base budget to fund such actions. An agency that requests approval of a starting rate higher than 85 percent of midpoint shall also indicate if the approval of such starting rate will result in a request to level up the salary of existing employees, and shall indicate if sufficient funds exist within the agency’s base budget to fund such a leveling up action.

Section Effective July 1, 2000 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 In accordance with the provisions of 29 Del. C. § 5106, effective for all fiscal years commencing after June 30, 2003, exceptions to the standard practice of paycheck deductions shall be made for employees paying dues to the Delaware State Education Association (DSEA). For all employees designating that DSEA membership dues be deducted from their bi-weekly paycheck shall have those dues deducted from the 22 pay periods occurring within the 10 month school year. This change will facilitate the maintenance of the state payroll system as well as establish a consistent process for managing the collection of dues from members of the Delaware State Education Association.

Section Notwithstanding Chapter 10.0 and Chapter 19.0 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 Employees of the State of Delaware who are enrolled in a health insurance benefit plan must re-enroll in a plan of their choice during the open enrollment period as determined by the State Employee Benefits Committee. Should such employee(s) neglect to re-enroll in the allotted time, said employee(s) and any spouse or dependents shall be automatically re-enrolled in their previous plan as long as verification of employment is provided by the employee and the State Personnel Office.

Section Notwithstanding any provision of the Delaware Code to the contrary, 29 Del. C. §5207 shall not apply to individuals employed in accordance with 29 Del. C. §5903 (17).

Section (a) For the fiscal year ending June 30, 2004, any sums in the following accounts shall remain as continuing appropriations and shall not be subject to a reversion until June 30, 2005. Any appropriation listed below that has a balance of zero on June 30, 2004 shall not continue.

Fiscal Year Account

Appropriation Codes Remarks

2004 01-01-01-01-40 Travel

2004 01-01-01-01-41 Leg-Mileage

2004 01-01-01-01-50 Contractual

2003/2004 01-01-01-01-60 Supplies

2004 01-01-01-01-70 Capital

2004 01-01-01-01-81 Committee Expenses

2003/2004 01-02-01-01-40 Travel

2003/2004 01-02-01-01-41 Leg-Mileage

2003/2004 01-02-01-01-50 Contractual

2004 01-02-01-01-60 Supplies

2003/2004 01-02-01-01-70 Capital

2003/2004 01-02-01-01-81 Committee Expenses

2003/2004 01-05-01-01-40 Travel

2004 01-05-01-01-41 Leg-Mileage

2003/2004 01-05-01-01-50 Contractual

2003/2004 01-05-01-01-51 State Governments

2004 01-05-01-01-60 Supplies

1998 01-05-01-01-85 Delegation Expenses

2003 01-05-01-01-98 One-Time

2004 01-08-01-01-51 Print Laws

2004 01-08-01-01-70 Capital

2001 01-08-01-01-85 Tri-Cent Committee

2001 01-08-01-01-98 One-Time

2004 01-08-02-01-40 Travel

2004 01-08-02-01-50 Contractual

2003/2004 01-08-02-01-60 Supplies

2004 01-08-02-01-70 Capital

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

2002/03/04 01-08-02-01-81 Contingency – Legislative

2004 01-08-02-01-82 Family Law Commission

2003/2004 01-08-02-01-85 Formula Update

1998/99/2000/01/02/03/04 01-08-02-01-86 Juvenile Detention Oversight Committee

1996 01-08-02-01-87 Contingency - Legal

2001/02/03/04 01-08-02-01-90 Neighborhood Schools

2001/02/03/04 01-08-02-01-91 Clean Air

2004 01-08-02-01-93 JFC/CIP Cnt

2003/2004 01-08-02-01-97 Contingency – Intern

2004 01-08-02-01-98 One-Time

2002/03/04 01-08-02-02-00 TriCent Committee

2004 01-08-02-08-01 Technical Equipment

2002 01-08-02-09-85 Senior Center Projects

2002 01-08-02-09-87 Fox Point Park

2004 01-08-06-01-50 Contractual

2003 02-13-10-01-98 One-Time

2004 02-17-01-01-80 Retired Judges

2004 02-17-01-01-84 Conflict Attorneys

2004 02-17-01-01-85 CASA Attorneys

2004 02-17-01-01-86 Family Court Civil Attorneys

2004 02-17-01-01-88 Court-Appointed Attorneys/Involuntary Commitments

2004 02-17-01-01-89 Interpreters

2003/04 02-17-01-01-90 New Castle County Courthouse

2003 02-17-01-01-98 One-Time

2003 02-17-01-02-00 Computer Training

2004 02-18-01-01-80 Special Needs Fund

2004 02-18-03-01-80 Ivyane Davis Scholarship Fund

2001/03 10-02-01-01-85 Data Development

2002/03/04 10-02-01-01-91 Budget Automation

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

2003/04 10-02-01-02-02 Evaluation Project

2001 10-02-01-02-04 Security

2004 10-02-03-01-50 Contractual

2003/04 10-02-03-01-83 Self Insurance

2003/04 10-02-04-01-85 Legal Fees

2003/04 10-02-04-01-89 Salary/OEC

2000 10-02-04-01-99 Technology Initiative

2003/04 10-02-04-02-55 Livable Delaware

2003/04 10-02-06-01-96 Contingency Fund

2001/04 10-03-01-01-87 Welfare Reform

2004 10-03-01-01-88 Workplace Literacy

2004 10-03-01-01-98 One-Time

2004 10-03-03-01-83 World Tr Ct

2004 10-03-03-01-86 Trade

2004 10-04-02-01-81 Employee Recognition

2004 10-04-02-01-87 School-to-Work

2004 10-04-02-01-96 Data Development

2004 10-04-04-01-99 First Quality

1997 10-05-01-01-80 Pilot Projects

2003/04 10-05-01-01-81 Education

2003/04 10-05-01-01-82 Program Evaluation

2003 10-05-01-01-84 Uninsured Action Plan

2004 10-05-02-01-80 Operations

2004 10-05-03-01-80 Operations

2003/04 10-07-01-01-88 Grants 02

2000 10-07-02-01-96 Technology

2003 11-02-02-01-99 Technology

2002/04 12-03-01-01-95 First Quality

2004 20-01-05-01-80 Delaware Heritage Commission

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

2003/04 20-03-01-01-82 Historical Markers

1999/00/01/02/03/04 20-03-01-01-98 One-Time

2004 20-06-04-01-84 Operations

2004 20-06-04-01-85 Art Object Refurbishment

2003 20-06-04-01-98 One-Time

2004 20-07-01-01-82 Arts Grants

2003/04 20-08-01-01-80 Library Standards

2004 20-08-01-01-81 Delaware Electronic Library

1995 20-08-01-01-82 Wilmington Library

2003/04 20-08-01-01-86 DelNET

2004 25-05-01-01-50 Contractual Services

2004 30-05-10-01-59 Energy

2001/02 30-05-10-01-98 One-Time

2004 35-01-20-01-83 EBT

2002 35-01-20-01-97 Development

2000 35-01-20-01-99 Technology

2004 35-05-20-01-82 Immunizations

2004 35-05-20-01-83 Hepatitis B

2004 35-07-01-01-50 Contractual Services

2004 35-07-01-01-80 Medicaid-State

2004 35-07-01-01-89 Medicaid Non-State

2000 35-07-01-01-97 Medicaid Management Information System

2002 35-07-01-01-97 Technology

2004 35-07-01-02-01 FMAP

2004 35-11-30-01-80 Community Services

2004 35-11-30-01-81 Purchase of Care

2004 35-11-30-01-82 Stockley Transition

2004 35-12-10-01-84 Kinship Care

2004 37-01-50-01-81 MIS Development

2004 38-01-10-01-99 MIS

2004 38-01-30-01-80 Medical

2004 38-01-31-01-80 Drug Treatment

2001 38-01-40-01-95 First Quality

2003/04 38-01-40-01-99 Maintenance and Restoration

2004 38-04-01-01-85 Distance Learning

2003 38-04-01-01-86 Security Equipment

2004 38-04-09-01-95 First Quality

2003 40-05-04-01-81 WNEV

2002/03/04 40-08-01-01-80 Delaware Estuary

2004 40-08-01-01-95 First Quality

2003 40-08-02-01-97 First Quality

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

2002 40-08-07-01-81 Whole Basin TMDL

2003/04 40-08-07-01-82 TMDL

2004 40-09-03-01-83 Recycle Committee

2004 45-01-01-01-86 Real Time Crime Report

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

2003 45-01-30-01-97 Federal Disaster Relief

2001/02/03 45-01-30-01-98 One-Time

2003 45-06-05-01-96 Specialized Equipment

2003 45-06-10-01-82 First Quality

2004 45-06-10-01-95 First Quality

2003 45-06-11-01-77 Cars & Wagons

2004 60-01-10-01-95 First Quality

2004 60-09-20-01-82 Summer Youth Program

2004 60-09-20-01-88 Skill Grant

2004 65-01-08-01-80 Plant Pest

2002/03/04 70-01-01-01-81 School Elections

2003/04 70-01-01-01-83 Voter Purge

2003/04 70-01-01-01-98 One-Time

2001 70-01-01-02-00 Reapportionment

2003/04 70-01-01-02-01 Technology Development

2004 70-02-01-01-80 Mobile Registration

2004 70-02-01-01-81 School Elections

2003/04 70-02-01-01-98 One-Time

2001 70-02-01-02-00 Reapportionment/Address Verification

2004 70-03-01-01-80 Mobile Registration

2003/04 70-03-01-01-81 School Elections

2003/04 70-03-01-01-98 One-Time

2004 70-04-01-01-80 Mobile Registration

2003/04 70-04-01-01-81 School Elections

1997/2003/04 70-04-01-01-98 One-Time

2002 75-01-01-01-97 Data Development

2001 75-02-01-01-98 One-Time

2004 95-01-01-01-89 State Board of Education

2003 95-01-01-01-93 Building Improvement

2004 95-01-01-01-94 Educator Certification and Development

2001/02 95-01-01-01-98 One-Time

2002/03/04 95-01-01-02-00 Standards and Assessment

2004 95-01-01-02-02 DSTP – On Grade Assessment

2004 95-01-01-02-03 Pupil Accounting

2004 95-01-01-02-12 Professional Standards Board

2004 95-01-01-02-27 DSTP – Off Grade Assessment

2004 95-01-01-02-28 DSTP – Retest/EOS/AI

2004 95-01-01-02-29 Infrastructure Capacity

2003/04 95-01-01-02-30 Educator Accountability

2001 95-02-02-02-02 Educator Accountability

2003 95-02-02-02-04 School Building Awards

2004 95-02-02-02-04 School Improvement

2003/04 95-03-10-01-91 Professional Development

2004 95-03-15-01-27 Smithsonian Project

2004 95-03-15-01-31 Parents as Teachers

2003/04 95-03-20-01-27 Student Discipline Program

2003/04 95-03-20-01-53 3-5 Program

2004 95-03-20-01-82 Early Childhood Assistance

2004 95-03-20-01-90 Prison Education

1999/2002/03 95-03-20-01-98 One-Time

2003/04 95-04-01-01-90 Public School Transportation

2004 95-07-01-01-80 Operations

2004 95-08-01-01-83 Scholarship

1998 95-08-01-01-84 DHEC

2000/02/03/04 95-08-01-01-85 Ferguson DSTP Scholarship

2000/01/02/03/04 95-08-01-01-88 Physician Loan

2002/03/04 95-08-01-01-89 Legislative Essay

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

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

2002 95-18-00-02-41 Construction Pressure

(b) Funds appropriated for the following programs shall be appropriated on a 15 month basis and not be subject to reversion until September 30, 2005: Tuition Reimbursement (appropriation 0189), Student Mentoring (appropriation 0207), Discipline Part II (appropriation 0201), LEP (appropriation 0233), Professional and Curriculum Development (appropriation 0205), Professional Mentoring (appropriation 0151), Teacher to Teacher Instructional Cadre (appropriation 0206). Program expenses may not be incurred subsequent to the start of the regular 2005-2006 school year.

(c) Funds appropriated to Extra Time for Students (appropriations 0203 and 0204) shall not be subject to reversion until December 31, 2005.

(d) For the fiscal year ending June 30, 2004, any sums in Fiscal Year 2004 Appropriation 0213 (Charter School Operations) for Public Education, shall remain as continuing and not be subject to reversion until June 30, 2005.

(e) For the fiscal year ending June 30, 2004, any sums for Fiscal Year 2004 Division II – All Other Costs (Appropriation 0165), Division II – All Other Costs for Vocational Education (Appropriation 0265), Division II – Energy (Appropriation 0159), Division III – Equalization (Appropriation 0186), Education Expense and Property Tax Relief Funds (Appropriation 0287), School Building Awards (Appropriation 0243), School Improvement Funds (Appropriation 0244), and Innovative After School Initiative (Appropriation 0245) shall become a continuing appropriation in each local school district for the period of one fiscal year.

(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.

(g) Section 1 of this Act provides funds for Delaware State University, Operations (90-03-00) for MCI/Equipment. These funds shall not be subject to reversion until June 30, 2007.

(h) The Department of Transportation 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.

(i) The Department of Transportation 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.

(ii) For fiscal year ending June 30, 2004, any authorizations in the following accounts shall remain as continuing appropriations and shall not be subject to deauthorization until June 30, 2005:

Fiscal Year Account

Appropriation Code Remarks

2003/04 55-01-01-68-00 Operations/Capital

2004 55-01-01-68-05 Salary Contingency

1999/2003 55-01-01-68-06 Environmental Contingency

2003/04 55-01-01-68-15 Personnel Costs

2000/02/03/04 55-01-02-68-00 Operations/Capital

2003 55-01-02-68-05 E-ZPass Contingency

2003 55-01-02-68-09 PY Operations

2003/04 55-01-02-68-15 Personnel Costs

2003/04 55-01-03-68-00 Operations/Capital

2003/04 55-01-03-68-15 Personnel Costs

2004 55-01-04-68-01 Travel

2004 55-01-04-68-02 Contractual/Supplies

2004 55-01-04-68-04 Capital Outlay

2004 55-01-04-68-15 Personnel Costs

2003/04 55-02-01-68-01 Travel

2002/03/04 55-02-01-68-02 Contractual/Supplies

2003/04 55-02-01-68-03 Energy

2003/04 55-02-01-68-04 Capital Outlay

2003/04 55-02-01-68-15 Personnel Costs

2004 55-02-03-68-01 Travel

2004 55-02-03-68-02 Contractual/Supplies

2004 55-02-03-68-04 Capital Outlay

2004 55-02-03-68-15 Personnel Costs

2001/02/03/04 55-03-01-68-00 Contractual/Supplies

2003/04 55-03-01-68-15 Personnel Costs

2003/04 55-04-01-68-00 Operations/Capital

2003/04 55-04-01-68-15 Personnel Costs

2004 55-04-70-68-00 PY Carryover

2001/02/03/04 55-04-70-68-02 Contractual/Supplies

2003/04 55-04-70-68-03 Energy

2003/04 55-04-70-68-04 Capital Outlay

2003/04 55-04-70-68-05 Storm Contingency

2003/04 55-04-70-68-15 Personnel Costs

2003/04 55-04-90-68-01 Travel

2002/03/04 55-04-90-68-02 Contractual/Supplies

2003/04 55-04-90-68-03 Energy

2003/04 55-04-90-68-04 Capital Outlay

2004 55-04-90-68-05 E-ZPass Operations

2004 55-04-90-68-06 E-ZPass Transponders

2003/04 55-04-90-68-15 Personnel Costs

2003/04 55-06-01-85-70 Transit Administration

2004 55-06-01-85-71 Transit Ops Plng/Cust Serv

2003/04 55-06-01-85-72 Transit Operations

1987 55-06-01-85-80 DTA Operations

2004 55-06-01-85-81 Newark Transportation

2004 55-06-01-85-83 Kent & Sussex

2004 55-06-01-85-89 Taxi Service

2004 55-08-10-68-00 PY Carryovers

2004 55-08-10-68-15 Personnel Costs

2004 55-08-20-68-15 Personnel Costs

2004 55-08-30-68-01 Travel

2004 55-08-30-68-02 Contractual/Supplies

2004 55-08-30-68-04 Capital Outlay

2004 55-08-30-68-15 Personnel Costs

2004 55-08-40-68-02 Contractual/Supplies

2004 55-08-40-68-03 Energy

2004 55-08-40-68-04 Capital Outlay

2004 55-08-40-68-15 Personnel Costs

2004 55-11-10-68-00 PY Carryovers

2004 55-11-10-68-01 Travel

2004 55-11-10-68-04 Capital Outlay

2004 55-11-10-68-07 Contractual Services

2004 55-11-10-68-08 Supplies and Materials

2004 55-11-10-68-15 Personnel Costs

2004 55-11-10-68-20 Motorcycle Safety

2004 55-11-10-68-21 Off Highway Vehicles

2004 55-11-20-68-07 Contractual Services

2004 55-11-20-68-08 Supplies and Materials

2004 55-11-20-68-15 Personnel Costs

2004 55-11-20-68-22 CDL Fees

2004 55-11-30-68-01 Travel

2004 55-11-30-68-04 Capital Outlay

2004 55-11-30-68-07 Contractual Services

2004 55-11-30-68-08 Supplies and Materials

2004 55-11-30-68-15 Personnel Costs

2004 55-11-30-68-23 Odometer Forms

2004 55-11-30-68-24 Special License Plates

2004 55-11-30-68-25 DMVT

2004 55-11-50-68-01 Travel

2004 55-11-50-68-07 Contractual Services

2004 55-11-50-68-08 Supplies and Materials

2004 55-11-50-68-15 Personnel Costs

TOBACCO – MASTER SETTLEMENT AGREEMENT

Section (a) Section 1 of this Act includes Appropriated Special Funds of $25,749.7 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

$ 48.1 1.0 ASF FTE – Assistance to the Commission on health issues

$9.0 Casual and Seasonal assistance

(15-01-01) Attorney General

$148.8 2.0 ASF FTEs - legal matters relating to tobacco laws and regulations

(35-05-20) Health and Social Services – Community Health

$500.0 Disease Cost Containment

$1,728.4 New Nurse Development Program at Delaware Technical and Community College

$169.0 Personnel Costs associated with Tobacco Control Programs

This Act makes an appropriation to the Division of Community Health Services for Tobacco Fund Contractual Services. Of that appropriation, funds are allocated as follows:

$3,490.0 Tobacco prevention through Community Based organizations.

$ 150.0 Christiana Care for research and testing regimens of detecting lesser known illnesses

$130.0 Kent County/ Sussex Co. Consumer Health Services – Delaware Academy of Medicine

$100.0 Gift of Life

$ 50.0 Urban Health Project

$129.9 Delaware Ecumenical Council

$200.0 Children and Families First – Resource Mothers Program

$ 47.6 University of Delaware – Delaware School Survey

Also appropriated in this Act is $5,000.0 for Cancer Council Recommendations, of this amount funding is included for the following agencies:

$150.0 Cancer Care Connection

$200.0 The Wellness Community

$75.0 Delaware Breast Cancer Coalition

$150.0 Breast and Cervical Cancer Treatment (37-07-01)

(35-05-30) Health and Social Services – Emergency Medical Services

$133.5 Public Access Defibrillation initiative

(35-06-40) Health and Social Services – Alcoholism, Drug Abuse, and Mental Health

$200.0 Transitional housing for persons completing detoxification

$500.0 Heroin Residential Program

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

$6,900.0 Prescription Drug Program

$1,171.2 SSI coverage for persons who lose benefits due to unearned income; Health care coverage and supplemental payments necessary to insure federal Medicaid matching funds for former SSI persons who lose benefits due to unearned income

$100.0 Medicaid Non-State - Breast and Cervical Cancer Treatment

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

$430.0 Attendant care

$1,277.6 SSI Supplement

(35-14-01) Health and Social Services-Services for Aging and Adults with Physical Disabilities

$351.2 Assisted Living

(37-06-20) Department of Children, Youth and Their Families – Prevention/ Early Intervention

$110.0 Tobacco Prevention Programs for Youth

(45-04-10) Safety & Homeland Security – Alcoholic Beverage Control and Tobacco Enforcement

$499.0 Enhanced Enforcement and 3.0 FTE Agents and 1.0 FTE Clerical

(95-01-01) Public Education – State Board of Education and Department of Education

$77.7 1.0 ASF FTE School Health Coordinator for statewide training

$120.0 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 or other research-based programs

All of the above allocations are contained in the specified budget units 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. The Budget Director is charged with reviewing proposed project disbursements to insure that the resources are being spent in an efficient and effective manner. In this effort, the Budget Director may consult with the Chairs of the Joint Finance Committee.

(b) Effective June 15, 2004, 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. All funds from the above allocations left unexpended or unencumbered shall be transferred back to the Cash Management Policy Board and reinvested.

(c) These funds shall be available for Fiscal Year 2005 only.

Section The Department of Health and Social Services currently anticipates funding various tobacco prevention programs with proceeds from the Tobacco Master Settlement Agreement within the Division of Public Health, Community Health (35-05-00). In the event the resources allocated in Section 1 of this Act do not fully fund the programs, the department may request additional funds from the Budget Office subject to the approval of the Controller General.

Section Section 1 of this Act makes an ASF appropriation to the Department of Health and Social Services, Division of Social Services (35-07-00) for the Prescription Assistance Program and other programs funded with Tobacco Settlement funds. These funds may be used for both the client services and administrative costs of the programs.

Section The Delaware Health Fund Advisory Council is directed to submit their proposed recommendations each fiscal year to the Office of the Budget no later than November 15th per Senate Bill 8 as amended of the 140th General Assembly. It is the intent of the General Assembly that the Delaware Health Fund Advisory Council will present their proposed recommendations before the Joint Finance Committee in a public budget hearing.

FEDERAL FISCAL RELIEF

Section (a) Section 1 of this Act includes Appropriated Special Funds of $41,000.0 from funds received from the Federal Fiscal Relief Fund established in 74 Del. Laws, c. 49. These funds are intended to be one-time appropriations and not built into the base budget of the State. These funds shall be allocated as follows:

(10-02-04) Office of the Budget, Contingencies and One Time Items

$19,000.0 Innovative Technology Fund

$1,000.0 Advanced Planning and Acquisition Fund

$1,000.0 Federally Qualified Health Centers

(10-08-01) Delaware State Housing Authority

$6,000.0 Housing Development Fund

(35-05-20) Health and Social Services – Community Health

$10,000.0 Cancer Council Recommendations – Year 2

(40-06-02) Natural Resources and Environmental Control – Parks and Recreation

$3,000.0 State Park Water Quality Initiative

(95-02-02) Public Education, School District Operations

$1,000.0 Full Day Kindergarten Efficacy Study

(b) Subsection (a) of this section appropriates $19,000.0 ASF for an Innovative Technology Fund. This fund shall be used for the development costs of the enhanced 800 MHz system and the ERP – Financials Project. The expenditure of these funds shall be in conformance with the provisions of Section 52 of this Act.

(c) Subsection (a) of this section appropriates $1,000.0 ASF for Federally Qualified Health Centers (FQHC). These funds are appropriated in support of the role of the FQHC’s in the Delaware Health Care Access Program (CHAP). The objective of the CHAP is to find low-cost health care services for uninsured people with incomes 100 percent to 200 percent of the federal poverty level. The Delaware Health Care Commission shall develop criteria for the awarding of these funds placing priority on addressing existing gaps in service across Delaware. Upon completion of the award criteria, said funds shall be transferred to the Delaware Health Care Commission to be used as one-time grant awards to fund facility expansion costs within the CHAP system. The maximum state grant for an expansion project will be $500,000.

(d) Subsection (a) of this section appropriates $1,000.0 ASF for the Advanced Planning and Acquisition Fund. Should legislation redefining this fund in support of the goals of Livable Delaware not be enacted, this authorization shall be deleted and the funds retained in the Federal Fiscal Relief fund.

(e) Subsection (a) of this section appropriates $6,000.0 ASF to the Housing Development Fund. These funds shall be used in support of the Council on Housing Affordable Housing recommendations to include:

(i) $4,000.0 ASF for the preservation of affordable housing by financing the rehabilitation of existing, subsidized housing in exchange for significantly extending the obligations of private owners to participate in federally sponsored subsidized housing programs. Of the that appropriation, $1,000.0 ASF shall be used in support of the Wilmington Housing Partnership (WHP) Residential Improvement and Stabilization Effort (RISE) program. The RISE program is targeted toward three areas in Wilmington: Boulevard/North Brandywine, West Center City/West Side and Browntown/Hedgeville. Prior to the full disbursement of these funds, the WHP must demonstrate a leveraging of other private and public funds of at least $3,000.0; this entire dollar amount does not need to be raised up front but rather only that amount needed on a project-by-project basis;

(ii) $1,000.0 ASF for the revitalization of Delaware communities by financing the rehabilitation of existing housing units for purchase by first-time homebuyers;

(iii) $500.0 ASF to leverage additional federal subsidies for affordable rental housing units for the elderly and very low income families; and

(iv) $500.0 ASF to increase low-income housing initiatives.

(f) Subsection (a) of this section appropriates $10,000.0 ASF for Cancer Council Recommendations – Year 2. These funds shall be available for expenditure through 6/30/06. These funds shall be utilized in accordance with the report and shall include, but not be limited to, the following:

(i) Increase screening and early detection of colorectal cancer;

(ii) Care coordination for all cancer patients;

(iii) Pay for cancer treatment for the uninsured; and

(iv) Integrated prevention and awareness programs.

(g) Subsection (a) of this section appropriates $3,000.0 ASF for State Park Water

Quality Initiative. These funds are intended to enhance the water quality at the following Delaware State Parks:

Delaware Seashore State Park $1,000.0 ASF

Lums Pond State Park $1,400.0 ASF

Fort duPont State Park $ 100.0 ASF

Project engineering/contract administration $ 500.0 ASF

(h) Subsection (a) of this section appropriates $1,000.0 ASF for Pilot programs to determine the efficacy of delivering differing full day kindergarten programs.

(i) The Department of Education shall determine the potential capital, operating and other costs involved in implementing various forms of full day kindergarten in each school district and charter school. This information shall be provided to the Budget Office, Controller General and the Joint Finance Committee by August 15, 2004.

(ii) Of the $1,000.0 ASF, up to $850.0 shall be utilized to pilot and evaluate full day kindergarten programs. Funding shall provide no more than ten pilot programs statewide, targeting existing and newly proposed full day kindergarten programs. The Department of Education shall administer a competitive grant process focusing on a variety of education models. Grants shall be awarded no later than October 15th. Programs eligible for funding shall be required to provide outcome data, evaluation methods and quantitative and qualitative information to assist in determining the efficacy of different full-day kindergarten programs.

(i) The remaining $150.0 shall be utilized by the Department of Education to develop data collection protocols for full day kindergarten programs and a comprehensive screening method to aid schools and parents in determining a student’s readiness for full-day kindergarten programs.

(ii) To facilitate the Pilot and Best Practice Program, the Joint Finance Committee Chairs, the Budget Director and the Controller General shall have the authority to establish up to two committees. One committee shall be focused on operational issues and a second committee shall be focused on policy issues and best practice as provided above.

(i) All remaining unallocated funds, as well as funds from the above allocations left unexpended or unencumbered, unless continued into the next fiscal year, shall revert to the Federal Fiscal Relief fund. For Fiscal Year 2005, this subsection shall not apply to funds appropriated for Cancer Council Recommendations – Year 2.

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 Contingencies: 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 Contingencies: 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 Controller General shall receive compensation at a rate of a Tier 1 level Cabinet position as determined by the Compensation Commission. Such compensation may be adjusted by the Legislative Council as defined in 29 Del. C. §1110(e).

Section Section 31 of this Act provides continuing appropriations 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 contains position authorizations and associated appropriations to the Justices of the Peace Courts (02-13-10) included for the purpose of maintaining business hours in the following courts as required by caseload and permitted by staffing:

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 This Act appropriates Appropriated Special Funds to the Court of Chancery (02-02-00) and to the Court of Common Pleas (02-06-00). Notwithstanding other statutes to the contrary, the Court of Chancery is authorized to retain a portion of the fees, costs and interest it will collect in an amount sufficient to cover the personnel and operating costs of the statewide Register in Chancery office. Notwithstanding other statutes to the contrary, the Court of Common Pleas is authorized to retain a portion of the fines and fees collected from receivables inherited from the former City of Wilmington Municipal Court in an amount sufficient to cover the personnel and operating costs of the two Court Clerks, one Judicial Case Processor and one Fiscal Administrative Officer assigned to collect these receivables. Adjustments to the Appropriated Special Fund spending authority for these courts may be made upon the concurrence and approval of the Budget Director and the Controller General.

Section (a) Notwithstanding any other provisions of the Delaware Code to the contrary, any unencumbered Victim Compensation Fund balance in excess of $5,000,000 as of June 30 shall be deposited into the Crime Rehabilitation Fund. From the Crime Rehabilitation Fund, $429.3 ASF shall be transferred to Contractual Services in the Office of the Attorney General (15-01-01) to fund family violence services in New Castle County and $230.2 ASF shall be transferred to said appropriation to fund family violence services in Kent and Sussex counties; $273.8 ASF shall be transferred to Victims Rights in the Office of the Attorney General; and $94.0 ASF shall be transferred to Contractual Services in the Department of Correction, Community Corrections, Probation and Parole (38-06-02) to support a community restorative justice program in New Castle County.

(b) Any unencumbered Crime Rehabilitation Fund balance in excess of $1,500,000 as of June 30 shall be deposited into the General Fund.

(c) The language contained in this section is to be considered temporary and shall be subject to review by the Budget Director, the Controller General, and the co-chairs of the Joint Finance Committee on an ongoing basis.

Section Section 1 of this Act appropriates $22.0 in Contractual Services to Justices of the Peace Courts (02-13-10) to support lease obligations associated with the establishment of a new Justice of the Peace Court 1 facility located in the Town of Frankford.

Section Upon the approval of a plan submitted to the Budget Director, Controller General and the co-chairs of the Joint Finance Committee, the Chief Justice shall have the flexibility to transfer positions from individual courts to the Administrative Office of the Courts for the purpose of further centralizing personnel, finance, collections and filing/records management functions therein. Notwithstanding any other provisions of this Act or the Delaware Code to the contrary, positions and related operating funds may be transferred from Supreme Court (02-01-00), Court of Chancery (02-02-00), Superior Court (02-03-00), Court of Common Pleas (02-06-00), Family Court (02-08-00) and Justices of the Peace Courts (02-13-00) to the Administrative Office of the Courts, Office of the State Court Administrator (02-17-01), the Administrative Office of the Courts, Office of State Court Collections Enforcement (02-17-03) or the Administrative Office of the Courts, Judicial Information Center (02-17-04). Only positions from the courts or other judicial positions located in New Castle County may be considered for transfer under this section. In the cases where Merit System positions are transferred, the incumbents shall retain their Merit System status.

Section Judicial (02-00-00) is hereby authorized to utilize existing resources to address the residual inequity that may exist between the Court Administrator of Justices of the Peace Courts (02-13-00) and the Court Administrators of Superior Court (02-03-00), Court of Common Pleas (02-06-00) and Family Court (02-08-00). No additional funding shall be allocated for the aforesaid purpose.

Section Section 1 of this Act appropriates $67.8 in Personnel Costs and 2.0 FTEs to Family Court (02-08-00) for positions funded by an expiring federal grant. Upon the expiration of the grant, the existing 2.0 Non-appropriated Special Fund positions will be converted to General Fund positions.

Section Section 1 of this Act appropriates $23.2 in Personnel Costs and 1.0 FTE to the Administrative Office of the Courts, Office of the State Court Administrator (02-17-01) for a position funded by an expiring federal grant. Upon the expiration of the grant, the existing 1.0 Non-appropriated Special Fund position will be converted to a General Fund position.

Section Section 1 of this Act provides funding of $146.9 to a Child Death, Near Death and Still Birth Commission (02-18-06) created by Senate Bill 279 of the 142nd General Assembly. This appropriation includes 2.0 General Fund FTEs and $77.2 in Personnel Costs, $2.0 in Travel, $3.5 in Supplies and Materials, $10.0 in Contractual Services, and $15.0 in One-Time costs. In addition, 1.0 General Fund FTE and $39.2 is being transferred to the Commission from the Department of Services for Children, Youth and Their Families, Child Mental Health Services, Periodic Treatment (37-04-30). If Senate Bill 279 or similar legislation is not enacted, these appropriations shall revert to the General Fund.

Section The Department of Correction and the Administrative Office of the Courts, Office of State Court Collections Enforcement (02-17-03) shall submit a report with recommendations for cooperatively and effectively collecting supervision fees. The report, due to the Controller General and the Budget Director by March 1, 2005, shall consider the following:

1) the resources necessary to the Office of State Court Collections Enforcement for the collection of supervision fees;

2) a description of the resources formerly appropriated to both the Office of State Court Collections Enforcement and the Department of Correction for the purpose of collecting supervision fees and a current account of those resources;

3) the data needed by the Office of State Court Collections Enforcement from the Department of Correction and the format in which the data is needed;

4) policy for collecting fees from individuals with multiple probation sentences;

5) policy for the collection or the purging of unpaid balances of supervision fees from the current system;

6) necessary changes to the Delaware Code for implementation; and

7) other items deemed appropriate.

EXECUTIVE

Section (a) Section 1 of this Act appropriates $1,825.0 to the Office of the Budget (10-02-01) for Technology Development. For Fiscal Year 2005 the following projects may receive an allocation for planning, development, procuring services or conducting a feasibility/investment analysis provided they meet all of the requirements contained within this Section:

DEPARTMENT / AGENCY SERVICE NEED

Judicial

Family Court Phone System

Executive

Office of the Budget DataMIL Migration

Technology and Information

Operations Office Biggs Data Center Upgrade

Office of Criminal Justice Technology System Standards

Legal

Office of Attorney General Information Technology Projects

Public Defender Information Technology Projects

Health and Social Services

Substance Abuse and Mental Health Clinical Care Automated System

Child Support Enforcement Technology Design

Fire Prevention Commission

Office of the State Fire Marshal Pen-based Technology

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

(b) In no instance shall any information technology (IT) project identified in Subsection (a) of this Section be initiated by the department/agencies during this fiscal year, until its formalized plan is approved by the department/agency head, the Budget Director and state Chief Information Officer. The project plan and the request for funding to be transferred shall consist of a business case for the project which includes:

(i) needs analysis;

(ii) business process to be impacted/re-engineered;

(iii) risk assessment;

(iv) stakeholder impact assessment;

(v) cost-benefit analysis;

(vi) an analysis of the total cost of ownership which includes costs incurred during all phases of the development and operational life cycles.

In no instance shall any project be approved by the Budget Director if any portion of the above project plan requirements are absent in the department/agency’s request for a transfer of funds.

(c) No IT project receiving funds through Subsection (a) is to be undertaken which is beyond the scope of work approved by the department/agency head and the Budget Director. Changes in scope or cost that fundamentally alter the original intent of an approved project shall be communicated to the Budget Director, Controller General and the state Chief Information Officer. Departments/agencies failing to communicate this information in a timely manner may result in the project being postponed or terminated. This requirement applies to all Information Technology (IT) or technology related systems development performed by the Department of Technology and Information, the department/agency itself, or an outside consultant or contractor. Further, this requirement applies to IT applications or systems purchased or otherwise acquired and placed in use.

(d) Funding shall be transferred on a phase by phase basis. Except for the initial transfer where the project plan needs to be approved, subsequent funding transfer requests shall be contingent upon the receipt and review of quarterly project status reports by the Budget Director, Controller General and Chief Information Officer. In instances where the project requires a transfer prior to the deadline for the quarterly report, a report of the project’s status at the time of the request will be necessary.

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

(f) In no case shall funds appropriated in Section 1 of this Act be used to employ data or word processing professionals in support of current or proposed information technology projects without the express written approval of the Budget Director.

Section All agencies are directed to remit payment for services rendered by the Department of Technology and Information within 30 days of receipt of invoice. Services may include, but are not limited to, postal metering, distribution supplies, telecommunication and telephone services, professional services, and data processing services.

If a timely payment problem exists, the Department of Technology and Information may require all agencies and school districts receiving services to make monthly estimated payments toward their invoice. The estimated payments should be equal to the average of the last three months of reconciled payments; or payments based on a schedule established by the department. The department will continue to be responsible for the actual payments to telephone companies and other vendors. In addition, the department will be responsible for the reconciliation of accounts with the user agencies and school districts.

Section The General Assembly finds that the establishment of the federal Temporary Aid to Needy Families (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 Children’s Services Cost Recovery Program (CSCRP) Disallowances (10-02-01-80-51) shall be available to mitigate to the extent possible, projected deficits in TANF supported programs within 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 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 10 Del. C. § 8111.

Section (a) For Fiscal Year 2005, 29 Del. C. § 6529 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 29 Del. C. § 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.

(b) In the event the authority granted in subsection (a) of this section is implemented, Chapters 3.0000 and 13.0000 of the Merit Rules notwithstanding, the State Personnel Director with the approval of the State Budget Director shall have the authority to extend temporary promotions based on agency need until the hiring review process has ended. At the time the hiring review process has ended, those temporary promotions granted during the hiring review process shall be subject to the limitations identified in the Merit Rules governing the duration of temporary promotions.

Section The appropriation in Section 1 of this Act to the Office of the Budget, Contingencies and One-Time Items (10-02-04) for Contingency, Appropriated Special Funds for $23,000.0 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 provides an appropriation to Office of the Budget, Contingencies and One-Time Items (10-02-04). It is the intent that the appropriation for One-Time Appropriations in the amount of $2,683.8 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 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 Fiscal Year  2006 Appropriation Bill.

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

Account Fiscal Year

Codes Remarks Appropriation

(01-08-01) Legislative Stationery 20.0

     

(02-02-10) Equipment, Computers, Furniture 15.6

(02-03-10) Board of Canvas 25.0

(02-06-10) Equipment, Computers, Furniture 4.5

(02-18-06) Equipment, Computers, Furniture 15.0

     

(10-02-01) Colonial Conference Championship Tournament 30.0

(10-02-01) NASBO 15.0

(10-02-08) Delaware Sentencing Research and Evaluation Committee 40.0

(10-03-03) Small Business Development Center 50.0

     

(12-05-01) Governors Task Force on Financial Independence 50.0

     

(20-03-01) Historical Markers 102.5

(20-03-01) 100th Anniversary of Archives 50.0

(20-03-01) American Originals Exhibit 150.0

(20-06-01) Potterer William Hare Book Publication 10.0

(20-06-04) Robinson House Painting 10.0

(20-06-04) Washington-Rochambeau Revolutionary War Route 25.0

(20-07-01) Update of Arts Economic Impact Study 50.0

(20-07-01) Statewide Arts Guide 50.0

     

(35-04-01) Computers and Office Furniture 3.4

     

(40-05-06) Computers 10.0

(40-06-02) Vehicles 60.0

(40-06-03) Kayaks & Trailers 6.8

     

(45-02-10) Body Armor 16.1

(45-02-10) Equipment for new FTEs 12.2

(45-06-09) Body Armor Replacements 94.5

(45-06-09) Shotgun Replacements 19.5

(45-06-09) Holster Replacements 60.0

     

(65-01-01) Crop Insurance 600.0

     

(70-01-01) 2004 General Election 88.0

(70-02-01) New Castle County - 2004 General Election 149.0

(70-03-01) Kent County - 2004 General Election 120.7

(70-04-01) Sussex County - 2004 General Election 114.5

     

(90-01-02) Vehicle 16.5

     

(95-01-01) Full-Day Kindergarten Efficacy Study 50.0

(95-01-01) Diploma Indicator Alignment Study 50.0

(95-08-01) Carson Scholarships 500.0

Section (a) Section 1 of this Act appropriates $100.0 to the Office of the Budget, Contingencies and One-Time Items (10-02-04) for the Capitol Police/DABTCE Agent Pay Plan. Funding in this appropriation shall be used to provide a salary calculated at 95 percent of midpoint for all incumbents and new personnel in the following positions: Capitol Police and the Division of Alcoholic Beverage Control and Tobacco Enforcement (DABTCE) Agent Recruits, Capitol Police Officer I’s, ABC & Enforcement Field Supervisors, Capitol Police Staff Sergeants, Lieutenants and Captains.

(b) All other promotions within the divisions of Capitol Police and DABTCE shall receive the standard 5 percent promotional increase.

Section (a) Section 1 of this Act appropriates $1,143.6 to the Office of the Budget, Contingencies and One-Time Items (10-02-04) for the Correctional Officer Task Force. Funding in this appropriation shall be used to create a new Hazard Duty Level A-1 at the rate of $2,520.00 annually to include Correctional Officer series and Probation Officer series positions. Hazardous Duty Level A-1 will effectively increase the allocation of Hazardous Duty Level A currently provided to Correctional Officer and Probation Officer Series positions by $600.00 annually.

(b) The Department of Correction is hereby authorized to develop a recruitment incentive pilot program. The pilot project shall be approved by the Budget Director and Controller General prior to implementation.

Section Section 1 of this Act appropriates $100.0 in the Office of the Budget, Contingencies and One-Time Items (10-02-04) for Delaware Intelligence Analysis Center. Funding in this appropriation shall be used by the Department of Safety and Homeland Security, State Police (45-06-00) for contractual support to develop a formalized plan for the implementation of the aforementioned center. The Department of Safety and Homeland Security shall submit a detailed plan to include, but not be limited to, associated cost projections. This plan shall be submitted to the Budget Director and Controller General for approval no later than December 1, 2004.

Section Section 1 of this Act includes 1.0 FTE in the Executive Department, Office of the Budget, Statistical Analysis Center (10-02-08) 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 and 29 Del. C. c. 59.

Section The Statistical Analysis Center (10-02-08) shall submit by July 15 an annual project schedule for the fiscal year that details the staff workload and time allocation. Requests for (special) projects to be included in this schedule should be made in advance to the Statistical Analysis Center. This schedule shall be reviewed by the Criminal Justice Council and approved by the Budget Director and the Controller General. No changes shall be made to the annual project schedule without the approval of the Budget Director. After July 15, all ad hoc requests for projects seeking completion during the fiscal year shall be reviewed by the Budget Director. Work shall not commence on these projects without the approval of the Budget Director.

Section Notwithstanding the provisions of any other law, for the fiscal year ending June 30, 2005 interest earnings of the Delaware Strategic Fund as provided for in 29 Del. C. § 5027, shall to the extent of such interest earnings, be used in the following order and manner, not to exceed the amounts so noted:

(i) The first $320.9 shall be used for the general operating expenses of the Delaware Economic Development Office, as determined by the Director of the Delaware Economic Development Office.

(ii) The second $125.0 shall be used for the general operating expenses of the economic development trade office in Taiwan.

(iii) The third $350.0 shall be used for the general operating expenses of the Delaware Small Business Development Center.

(iv) The fourth $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 together with non-state contributions to the Delaware Business Marketing Program. Non-state contributions may be made in cash, or in-kind. Non-state cash contributions shall be deposited in a special fund for business marketing and recruitment purposes only. Non-state in-kind contributions shall be valued at their fair market value and recorded in records maintained by the Delaware Economic Development Authority in connection with the Delaware Business Marketing Program. Expenditures of the program shall be divided between non-state contributions and state funds for any fiscal year’s appropriations such that non-state contributions are not less than fifty percent of total expenditures. Of the fifty percent non-state contributions, up to twenty-five percent shall be cash contributions, and up to twenty-five percent shall be in-kind contributions. These funds shall not be used for hiring full-time employees. On or before April 1, 2005, 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 cash and in-kind contributions received, total expenditures and an assessment of the program to date.

(v) The fifth $150.0 shall be used to provide customized information technology training to small and medium-sized businesses through grants made by Delaware Technical and Community College I. T. Learning Center. Funds allocated to the Workforce Development section during Fiscal Year 2002, to the extent not already distributed or committed, shall also be allocated to said Learning Center.

(vi) Any remaining funds shall be used for the purposes of the Delaware Strategic Fund.

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

Section Section 1 of this Act includes a General Fund appropriation for Contractual Services within (10-03-01) Office of the Director. Of these funds, $49.5 shall be used to extend the contractual administration for the Neighborhood Assistance Tax Credit Act (Senate Bill 248) of the 140th General Assembly through the fiscal year ending June 30, 2005.

Section Section 1 of this Act appropriates $650.0 to the Office of the Budget, Contingencies and One-Time Items (10-02-04) for Population Placements. The Budget Director and Controller General shall transfer said funds to the appropriate departments to address priority areas in the care of special populations.

Section Section 1 of this Act appropriates $2,095.5 ASF to the Delaware Tourism Office. Of this amount, $632.9 shall be allocated to "Other Items" as designated in Section 1 of this Act and payable by the Delaware Tourism Office in quarterly allotments. The first installment shall be paid by September 30, 2004 or as otherwise approved by the Budget Director and the Controller General.

Section Of the Appropriated Special Funds allocated to the Delaware Tourism Office (10-03-02) pursuant to 30 Del. C. § 6102(b) contained in Section 1 of this act, $160.0 ASF shall be used to fund a matching grants program and $40.0 ASF shall be used 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, 2005, detailing the usage of the funds herein authorized. Said report shall also contain an assessment of the economic impact of the grants programs and effectiveness of extending visitors stays. If subsequent to the enactment of this Act, Public Accommodations revenue should prove greater than the budgeted amount of Fiscal Year 2005, the first $50.0 ASF shall be used to restore full funding for the Matching Grants and Grant appropriation to $250.0 ASF. In this event, the Matching Grant portion of the distribution shall be $200.0 ASF and the Grant portion shall be $50.0 ASF.

Section Section 1 of this Act authorizes ASF positions and funding to the Delaware Tourism Office (10-03-02). Should said ASF authorization prove inadequate to support the authorized positions as contained in Section 1 at any time during Fiscal Year 2005, the Budget Director and Controller General are hereby authorized to transfer sufficient funding from any other source to Tourism's Personnel Cost line.

Section Of the Appropriated Special Funds allocated to the Delaware Tourism Office (10-03-02) pursuant to 30 Del. C. § 6102 (b) contained in Section 1 of this Act, $250.0 is authorized for the Kalmar Nyckel. During the period beginning July 1, 2004, and ending on June 30, 2005, the State of Delaware, through the Delaware Tourism Office, and the Riverfront Development Corporation, shall be entitled to charter the Kalmar Nyckel. Said use is to include docked guest entertaining privileges and /or day sails at no cost for as many State of Delaware guests as is consistent with Kalmar Nyckel safety policies. Scheduling for State and Riverfront Development Corporation use of the Kalmar Nyckel shall be at mutually agreeable times and locations to the Kalmar Nyckel, the Delaware Tourism Office on behalf of the State of Delaware and the Riverfront Development Corporation.

Section The Delaware Economic Development Office shall provide a bi-annual update to the Budget Director, Controller General and the Co-Chairs of the Joint Finance Committee regarding the implementation of the industry/cluster based organization. The bi-annual report, due no later than December 1st and May 15th of each year, shall include a status report on the implementation of the industry clusters, progress of the overall refocusing effort and any proposed changes in implementation of said clusters.

Section Employees of the Delaware Economic Development Office shall be eligible for the full general salary increase irrespective of their position within their assigned pay grade as part of the reorganization to a cluster based organizational structure.

Section Notwithstanding any other provision to the contrary, the Riverfront Development Corporation (RDC) shall be authorized to compensate on a one-time basis payment for work completed by any state employee assigned on a full-time basis to the RDC.

Section Any other statutory provision notwithstanding, any change to the Merit Rules required by an Act of the Legislature, shall be codified in the Merit Rules by the Office of State Personnel.

Section Section 1 of this Act appropriates 2.0 ASF FTEs in the Office of State Personnel (10-04-00). The State Personnel Director shall be the appointment authority for these positions, which shall be Human Resource Officers who will work on personnel issues for the Department of Transportation. The source of funding for these positions shall be the Department of Transportation, Human Resources (55-01-04) and that agency shall reimburse the Office of State Personnel quarterly for all Personnel Costs and Other Employee Costs associated with these two positions.

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 Pursuant to House Bill No. 100 of the 141st General Assembly, the Budget Director and the Controller General are authorized to undertake an assessment in building the cost of said initiative into the rates for State employee health benefits for Fiscal Year 2006.

Section Notwithstanding any provision to the contrary, for the purposes of developing and implementing PHRST Time & Labor, e-Recruit and other PeopleSoft modules, necessary adjustments to existing State human resource procedures shall be implemented during Fiscal Year 2005 with the written approval of the co-chairs of the Joint Finance Committee, the Director of the Office of State Personnel, the Budget Director, and the Controller General.

All state organizations shall use all components of the PHRST system if so designated by the State’s Enterprise Resource Planning Executive Sponsors.

Section (a) 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 may transfer the excess over 20 percent or any part of it to the State Employees Pension Fund for the benefit of that Fund.

(b) For Fiscal Year 2005, the projected Closed State Police Plan surplus shall be used to reduce the Closed State Police pension and retiree health 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 The Board of Pension Trustees and the State Employee Benefits Committee shall continue to review disability benefits offered for state employees including sick leave, donated leave, disability pension, short-term disability and long term disability. The review shall include, but not be limited to, an evaluation of the current programs in place and future recommendations to integrate these benefits. A report shall be provided to the Governor and co-chairs of the Joint Finance Committee before December 31, 2004.

Section The State Personnel Director, in conjunction with the State Employee Benefits Committee, shall review all current health plan offerings and provide recommendations to the Joint Finance Committee no later than November 15, 2004. This shall include, but not be limited to, recommendations for a revision of the basic plan, incorporation of a health savings account, and overall state contribution structure for current and future employees. Notwithstanding the provisions of 29 Del. C. §5202, 5203 and 5204, upon approval from the Joint Finance Committee and the State Employee Benefits Committee, the State Personnel Director is authorized to solicit requests for proposals and award contracts establishing alternative plans prior to March 1, 2005, in time for open enrollment and the fiscal year beginning July 1, 2005.

Section The line item, DIDER Operations, in Section 1 of this Act, Delaware Institute of Dental Education and Research (10-05-03), as provided by 14 Del. C. c. 88, 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 $250.0 to the Delaware Health Care Commission (10-05-00) for the Uninsured Action Plan. It is the intent of the Administration and the General Assembly that these funds shall be used for the continuation of the services provided under the plan after all other available funds for this purpose have been exhausted. The Commission shall submit a report to the Budget Director and the Controller General no later than August 1, 2004 detailing the plan for the expenditure of these funds.

Section Section 1 of this Act appropriates $2,067.5 to the Delaware Institute of Medical Education and Research (DIMER) (10-05-02). This amount shall be allocated as follows:

Jefferson Medical College $1,000.0

Philadelphia School of Osteopathic Medicine 237.5

University of Delaware 50.0

Christiana Care Health System 200.0

Scholarships/Loans 480.0

Loan Repayment 100.0

$2,067.5

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

Of the Scholarship/Loans allocation identified above, $400.0 is to be used to provide financial assistance for students attending the Jefferson Medical College and $80.0 is to be used for students attending Philadelphia College of Osteopathic Medicine. The DIMER Board will be responsible for restructuring the grant/loan program in effect since 1993 into either a scholarship program or a loan program with more favorable tax consequences than the previous program. Any loan or scholarship program developed by the DIMER Board will be repaid under terms and conditions that will be coordinated with the Delaware Higher Education Commission, who shall be responsible for monitoring and enforcement. In designing either a scholarship or loan program, the DIMER Board will consider the need to assure that there is a continuing supply of physicians for Delaware. 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 repayment programs. Scholarships, loans and loan repayment programs will be approved by the Delaware Health Care Commission, the Budget Director and the Controller General.

Section Section 1 of this Act appropriates funding for a 1.0 FTE 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 29 Del. C. § 5903.

Section In order to ensure that allocated resources are utilized efficiently and are compliant with generally accepted accounting rules, the Delaware Justice Information System (10-07-02) shall submit a quarterly report to the Budget Director and the Controller General detailing the purposes for which any and all funds appropriated from federal, state, or other sources were expended.

Section There is hereby established the Delaware Sentencing Research and Evaluation Committee. The Committee shall be a permanent committee, and shall consist of the incumbent members of the SENTAC Research Committee. The Office of the Budget and the Controller General shall be notified of Committee meetings and a representative of each invited to attend and participate in all such meetings. The immediate past Chair of the Sentencing Accountability Commission (SENTAC), Honorable Richard S. Gebelein, will serve as Committee liaison to SENTAC, and will present all findings and reports to SENTAC in a timely fashion for their review and comment.

The Delaware Sentencing Research and Evaluation Committee shall recommend a plan annually to the Joint Finance Committee for the purpose of sustaining the comprehensive study of Delaware’s Criminal Justice System begun by the SENTAC Research Committee. The Committee will report regularly to the Joint Finance Committee on analysis, research, and evaluation findings, and will recommend system improvements based on these findings.

The Statistical Analysis Center will provide support for the research plan as directed by the Committee and approved by the Office of the Budget. The Statistical Analysis Center is authorized at any time to contract employees on behalf of the Committee if and as funds become available from whatever source, as directed by the Committee and approved by the Office of the Budget. Notwithstanding the provisions of 29 Del. C. § 69, the Committee is authorized to seek and receive public and private funds and to enter into contracts as necessary to fulfill its mission.

The Committee Chairman shall have the right to appoint other Committee members as he sees fit. The Committee will have the right to seek input from executive agencies and courts in order to fulfill its mission, and all agencies shall provide relevant data, information, representation and additional support as requested.

In aid of the mission of the Committee, $40.0 in General Funds shall be appropriated to the Budget Office Contingencies and One-Times (10-02-04) to be paid over to the Delaware Sentencing Research and Evaluation Committee.

TECHNOLOGY AND INFORMATION

Section The Chief Information Officer shall not make any changes to the department’s compensation plan regarding any aspect of employee compensation without the approval of the State Personnel Director, Budget Director and the Controller General. Further, sufficient funding within the department must be available for any change to be approved.

Section The state government of Delaware, recognizing the inherent value in implementing common standards, has chosen Windows 2000 as its statewide network platform and messaging system. In an effort to establish a single, common electronic messaging platform throughout the state, no state agency/department shall migrate, change or switch to an alternative messaging platform without the express written consent of the Chief Information Officer, the State Budget Director and the Controller General. Any agency seeking exemption from this requirement must submit a request to the Chief Information Officer stating clearly reasons for migrating to an alternative platform.

Section The Department of Technology and Information shall publish the statewide telephone directory during Fiscal Year 2005. State agencies shall provide annual updates to the department by the date specified by the department.

Section The Department of Technology and Information (11-00-00) shall receive a lump sum appropriation calculated as a fixed percentage of all salaries as appropriated to the Department in Section 1 of this Act. The lump sum amount shall be the product of the general salary increase in Section 8 of this Act and Personnel Cost lines less non-salary driven OEC components. Overtime and Casual and Seasonal components of the Personnel Cost lines shall not be part of the calculation. The resultant lump sum amount may be distributed to employees as determined by the Chief Information Officer. However, in no case shall individually awarded increases exceed ten percent of an individual’s base salary, nor shall the aggregate amount awarded exceed the product of the calculation as described above. Further, in no case shall individually awarded amounts be given retroactively.

Section It is the intent of the General Assembly that the Department of Technology and Information, in conjunction with the Department of Correction, shall prepare a report on inmate telephone services; the report shall include a description of the past operating procedures and policies, and any recommended modifications. The Department shall submit said report to the Budget Director, the Controller General, and the Joint Finance Committee by March 31, 2005.

OTHER ELECTIVE

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 The positions of Director and Deputy Director of the Department of Insurance, Fraud Prevention Bureau (12-03-01) will be classified as merit positions.

Section Section 1 of this Act contains ASF position authorizations and associated appropriations for the Bureau of Examination, Rehabilitation and Guaranty, Insurance Commissioner (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 Section 1 of this Act provides an ASF appropriation of $3,247.9 to the State Treasurer, Administration (12-05-01), Cash Management Policy Board, authorized by 29 Del. C. c. 27, for the purpose of providing staff support and operational expenses, including payment of fees for banking services. The $3,247.9 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 establishes a special fund appropriation entitled Electronic Data Interchange, 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 Chief Information Officer of the Department of Technology and Information and the Secretary of Finance.

Section The State Treasurer’s Office shall develop a rate for the purpose of recovering costs associated with the state’s acceptance of funds through the use of credit, debit and purchasing cards. Cost recoverable activities shall include online transactions as well as traditional card transactions. The initial rate and periodic necessary adjustments to the rate shall be approved by the Office of the Budget. The Treasurer’s Office may initiate an automated revenue reduction process, equal to the approved rate, for all cash receipts received by the aforementioned methods. The Treasurer’s Office shall provide the agency with a statement of total revenue or payment, less transaction costs and net revenue. In lieu of an automated revenue reduction process the Treasurer’s Office may invoice a state agency for necessary reimbursement. The use of these recovered funds shall be for the sole purpose of payment of Merchant Services fees.

Section The State Treasurer’s Office, with the assistance of the Department of Technology and Information and the Delaware Government Information Center, where appropriate, shall evaluate and approve the payment component of all new web-based technology initiatives involving the electronic remittance of funds to the state. Specifically, those projects promoting the use of online credit card payment, online debit card payment, Automated Clearing House payments, “e-checks” and other forms of electronic funds transfer shall be subject to this joint review and approval process. For those agencies that already use online credit card payment, online debit card payment, Automated Clearing House payment, “e-check” or other forms of electronic funds transfer, those agencies shall be exempt from this requirement unless and until such time as their current electronic payment component must undergo any type of upgrade or the contract is due to expire at which point the agency shall investigate the feasibility of implementing the state’s designated payment component. A standard evaluation form will be designed by the State Treasurer’s Office with the assistance of the Department of Technology and Information and the Government Information Center, where appropriate, and approved by the Office of the Budget.

Section In accordance with 29 Del. C. c. 27, the State Treasurer, with the concurrence of the Department of Technology and Information, may approve pilot projects for the purpose of electronically transmitting remittance advices to those employees or contractors receiving payments via direct deposit and electronic funds transfer. Agencies, including school districts and higher education, shall submit their request and documentation of cost savings in accordance with the guidelines established by the Office of the State Treasurer. The University of Delaware is authorized to continue the distribution of payroll remittance advices. Pilot projects shall be approved for a period of no more than two years, at which time agencies shall report the status of the project and cost savings to the General Assembly, State Treasurer and the Budget Director.

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, $435.5 shall be used for the purpose of providing services covering family violence in New Castle County, and $278.8 shall be used for the purpose of providing services covering family violence in Kent and Sussex counties.

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

(a) 2.0 FTEs Deputy Attorneys General shall be assigned to Family Court for service in Kent and Sussex counties. 2.0 FTEs additional Deputy Attorneys General shall be assigned to Family Court in Kent and Sussex counties for the purpose of prosecuting juvenile misdemeanor cases;

(b) 1.0 ASF FTE Deputy Attorney General shall be assigned to Family Court to be used to increase the existing staff assigned to prosecute child support cases;

(c) 2.0 NSF FTEs Deputy Attorneys General shall be assigned to Family Court to enhance prosecution of domestic violence cases;

(d) 1.0 FTE Deputy Attorney General shall be exclusively dedicated to Labor Law Enforcement in the Department of Labor, Division of Industrial Affairs, Office of Workers’ Compensation, Safety and Health (60-07-01). The cost of this employee and all expenses associated with his/her employment shall be included in the annual tally per 19 Del. C. § 2392(c)(1) and the semi-annual administrative assessment per Subsection 2392(d) of the same Title;

(e) .5 FTE Deputy Attorney General shall be assigned to the Child Placement Review Board;

(f) 3.0 FTEs Deputy Attorneys General shall be assigned to provide legal representation as required to the Department of Correction;

(g) 2.0 FTEs Deputy Attorneys General shall be assigned to the Domestic Violence Units serving Kent and Sussex counties; 2.0 GF Administrative Assistants shall also be assigned to these units;

(h) 1.0 FTE Deputy Attorney General 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 6 Del. C. c. 46 (Delaware Fair Housing Act) until funds in the "Special Administration Fund" are sufficiently available;

(j) 1.0 ASF FTE Deputy Attorney General shall be assigned to the State Lottery Office to assist the State Lottery Director in the implementation of 69 Del. Laws, c. 446;

(k) 1.0 FTE Deputy Attorney General shall be assigned to provide legal services to the Delaware Economic Development Office;

(l) 1.0 ASF FTE Deputy Attorney General shall be assigned to provide legal representation to the boards and commissions under the Department of Administrative Services, Regulation and Licensing, 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) 1.0 split-funded (.5 NSF FTE and .5 FTE) Deputy Attorney General, 1.0 ASF FTE Deputy Attorney General and 3.0 NSF FTEs Deputy Attorneys General (one for each county) shall be assigned to the Department of Services for Children, Youth and Their Families, Family Services to work on termination of parental rights, pursuit of custody and adoption cases and to provide other legal advice and appearances related to the work done by this division;

(n) 1.0 FTE support staff position shall be assigned to augment the NSF positions assigned to Family Court in Kent and Sussex counties per the Juvenile Accountability Incentive Block Grant;

(o) 4.0 split-funded (1.0 and 3.0 NSF) FTEs, 1.0 Deputy Attorney General, 2.0 Investigators and 1.0 Secretary shall be assigned to the Medicaid Fraud Unit to be used for investigating incidents of abuse and neglect in Delaware nursing homes;

(p) 1.0 ASF FTE Deputy Attorney General IV shall be assigned to the Department of Services for Children, Youth and Their Families, Family Services to work on termination of parental rights, pursuit of custody and adoption cases and to 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) 1.0 ASF FTE 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) 1.0 ASF FTE Deputy Attorney General and 2.0 ASF support staff shall be assigned to

handle personal injury litigation involving state-owned vehicles;

(s) 1.0 split-funded (0.5 FTE and 0.5 ASF 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; and

(t) 1.0 FTE Deputy Attorney General shall be assigned to the Delaware State Police.

(u) Section 1 of this Act appropriates two ASF positions (one Deputy Attorney General IV and one Paralegal) relating to the tobacco settlement in an effort to supplement and enhance the ongoing aggressive enforcement efforts of the Office of the Attorney General 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 $1,646.2 ASF, $400.0 GF and 22.0 split-funded FTEs (66 percent ASF and 34 percent GF) to the Office of the Attorney General (15-01-01) 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 29 Del. C. § 6404(h)(1)(2)(3), 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 into 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 and retained 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 may be made upon the concurrence and approval of the Budget Director and the Controller General.

Section Section 1 of this Act makes an appropriation to Contingency─Attorney Pay Plan in the Office of the Budget, Contingencies and One-Time Items (10-02-04). This appropriation is for the purpose of funding the salary matrices of the Office of the Attorney General (15-01-01) and the Office of the Public Defender (15-02-01). Of the total amount, $185.0 is allocated for the Office of the Attorney General, and $65.0 is allocated for the Office of the Public Defender. Upon requesting contingency funds, each agency must submit for approval by the Budget Director and Controller General a report of personnel activity relating to salary plan movements with a description of the need to use said funds. Total personnel expenditures by these agencies may not exceed total personnel appropriations.

Section Section 1 of this Act includes $34.9 ASF in Personnel Costs and 1.0 ASF FTE Administrative Specialist II (BP #8131) in the Office of the Attorney General (15-01-01). In order to provide funding for this position, the Department of Natural Resources and Environmental Control (40-00-00) shall allocate monies to the Office of the Attorney General by July 15 of each fiscal year.

Section Section 1 of this Act appropriates funding for an increase in the Board of Parole member’s per diem salary for Senate Bill 278. If Senate Bill 278 of the 142nd General Assembly or similar legislation is not enacted, these appropriations shall revert to the General Fund.

STATE

Section Section 1 of this Act appropriates $25.0 in the line item Historical Marker Maintenance to the Department of State, Delaware Public Archives (20-03-01). This entire amount shall be used for replacement, repair and refurbishing of historical 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 (a) 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 8 Del. C. § 391(h)(1), 6 Del. C. §15-1207(b)(1), 6 Del. C. §17-1107(b)(1), 6 Del. C. §18-1105(b)(1), and 12 Del. C §3813(b)(1) will be deposited into this fund to be used for technological and infrastructure enhancements, ongoing maintenance, operational expenses for Corporations, electronic government information projects, and library 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.

(b) Of the amount appropriated in Section 1 of this Act, up to $300.0 may be allocated for matching grants pursuant to the Delaware Public Library Technology Assistance Act (Title 29, Chapter 66B) for the purposes of implementing a 3-year replacement cycle for public access hardware and software in Delaware’s public libraries. An additional $100.0 may be provided to the Division of Libraries for other library technology initiatives.

Section Section 1 of this Act contains an authorization for contractual services in the Division of Corporations (20-05-01). Of this amount, $600.0 ASF is for credit card processing fees. Should credit card processing fees exceed this amount during the fiscal year, the Division of Corporations is authorized up to an additional $500.0 ASF for these charges.

Section Section 1 of this Act provides an appropriation to the Department of State, Office of the Secretary, Delaware Heritage Commission (20-01-05). 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 29 Del. C. § 5903(4), the position of Director of the Delaware Heritage Commission (20-01-05) 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, 2004.

Section Section 1 of this Act includes an appropriation to the Department of State, Division of Historical and Cultural Affairs, Delaware State Museums (20-06-04) for a Museum Conservation Fund. Of that amount, up to $25.0 can be used for the purpose of matching private grants to purchase art for placement in state museums.

Section Section 1 of this Act authorizes $15.0 to the Department of State, Delaware State Museums (20-06-04) in the line item "Art Object Refurbishing" for the purpose of refurbishing portraits and art objects in Legislative Hall.

Section Notwithstanding the provisions of 29 Del. C. § 6102(a) and 5 Del. C. § 1106, the Office of the State Banking 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 The Division of Historical and Cultural Affairs shall form and chair a task force whose purpose is to properly observe the anniversary of the Washington-Rochambeau Revolutionary Route (W3R) in 2006 and to develop a plan to permanently showcase the W3R in Delaware so as to explain the history of the Route and the significance of the passage of our Revolutionary War soldiers and French allies south along what is today the East Coast Greenway in Delaware toward their historic juncture at Yorktown and the capture of Lord Corwallis and the British forces invested there.

Said task force shall include, in addition to the Director of the Division of Historical and Cultural Affairs, a representative from: the Delaware Tourism Office; The Delaware Heritage Commission; The City of Wilmington; New Castle County; the W3R Delaware state committee, and East Cost Greenways-Delaware. Other participation as the task force feels appropriate is also encouraged.

The sum of $25.0 is appropriated as a One-Time item in the Office of the Budget (10-02-04) as seed money to support the activities of the task force and to implement such improvements to the W3R in Delaware which further the objectives of the task force and are of a timely nature.

Section The Heritage Commission is authorized to expend $10.0 from the Delaware Heritage Foundation fund originally appropriated in FY 2003 for the Cooch’s Bridge Celebration for the reprinting of “out of print” books.

Section Section 1 of this Act makes an appropriation to Libraries (20-08-01) in the amount of $3,369.5 for Library Standards. Of that amount, Libraries may reserve up to $337.0 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 29 Del. C. c. 66, 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 29 Del. C. c. 66. The use of such carryover funds shall not be used as part of any subsequent years' formula payment.

Section Section 1 of this Act provides a special fund appropriation entitled “Technology Infrastructure Fund”, in the Division of Corporations (20-05-01) in the amount of $3,000.0. Of this amount, $50.0 shall be used to begin expansion of the UdLib/SEARCH project to the State’s public elementary schools.

FINANCE

Section The Department of Finance, Office of the Secretary (25-01-01) is authorized during the fiscal year 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 Office of the Secretary or Revenue (25-06-01). Deposits to the special funds shall be from the collection of delinquent taxes and shall not exceed $1,845.0. Of this amount, $600.0 shall be used for the purpose of maintaining Revenue’s mainframe computer system and the programs that reside thereon, the provisions of 29 Del. C. subchapter IV or 29 Del. C. c. 63 notwithstanding. Of the said $600.0, $130.0 shall be used to contract for system maintenance with the Department of Technology and Information.

Section Revenue (25-06-01) is authorized to establish and maintain a special fund with the State Treasurer for the purpose of contracting and/or employing personnel for the collection of delinquent State taxes and other debts that Revenue has undertaken to collect. The contracts and/or personnel may provide for 1) collection or assistance in collection of delinquent accounts from businesses or persons; and/or 2) audit of business taxables under the direct supervision of Revenue management; and/or 3) audit of physical inventory of alcoholic beverage wholesalers. Deposits to the special fund shall be from the collection of delinquent taxes. 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 $275.0 shall revert to the General Fund.

Section The Director 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 that 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 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. 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 $150.0 shall revert to the General Fund. A semi-annual report of amounts in escrow or in custodian accounts shall be furnished to the Budget Director and the Controller General.

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 29 Del. C. § 4815(a).

(b) 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 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, subject to the limitations outlined in 29 Del. C. § 4815(b).

Section There shall be established a special fund for the purpose of receiving the proceeds of liquidating stock acquired pursuant to 12 Del. C. ch. 11 or liquidating investments described in this section. Such proceeds may at his discretion be invested and reinvested by the Secretary of Finance in issues of the United States Treasury or investments of comparable risk. The Secretary may at his discretion cause amounts in such special fund to be remitted to the General Fund of the State.

Section Pursuant to 29 Del. C. §4815(b)(2), funds from the State Lottery Fund shall be released to an appropriately established account within the Department of Health and Social Services, Alcoholism, Drug Abuse and Mental Health (35-06-00) on or before the fifteenth day of each month, the amount of which shall be based on the results of video lottery operations conducted during the immediately preceding month.

Section Amend 29 Del. C. § 4820(b) by deleting the phrase “provided that the maximum number of video lottery machines under this subsection shall include no more than 30 video lottery machines at each racetrack used exclusively for promotional tournaments in which players are not required to pay any fee to participate” and substituting in lieu thereof the phrase “provided that the maximum number of video lottery machines under this subsection shall not include video lottery machines at each racetrack used exclusively for promotional tournaments in which players are not required to pay any fee to participate. No more than 30 such machines are permissible at each racetrack.”

Section Pursuant to 29 Del. C. § 4805(b)(4), the State Lottery Office (25-07-01) is authorized to enter into an agreement with other state lotteries for participation in multi-jurisdictional, wide-area, progressive video lottery games. The State Lottery Office is authorized to contract with these other state lotteries for the procurement of services for implementation of multi-jurisdictional, wide-area, progressive video lottery games, and the provisions of 29 Del. C. c. 69 shall not apply.

Section Notwithstanding any other provisions of 29 Del. C. c. 48 to the contrary, video lottery agents shall be required to reimburse the State Lottery Office (25-07-01) for the equipment costs and related fees associated with the installation of the ticket-in, ticket-out system for the video lottery machines.

ADMINISTRATIVE SERVICES

Section During Fiscal Year 2005, notwithstanding the provisions of 29 Del. C. §5915, 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 for Partners in Policymaking Program.

Section During the fiscal year, the Department of Administrative Services, Facilities Management (30-05-10), shall retain the rental fees as Appropriated Special Funds for the buildings known as the Kent County Courthouse, O’Brien Building, Family Court Building, the Sussex County Courthouse, Sussex County Chancery Court, Absolom Jones/Belvedere State Service Center and New Castle 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) current fiscal year  Energy Budget assumes that Motor Fuel Tax uses ten percent of the 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 The Secretary of the Department of Administrative Services shall work in concert with the Chief Justice or his designee to prioritize projects and ensure completion of necessary renovations and equipment acquisitions within the court system.

Section Notwithstanding the provisions of 29 Del. C. § 5117, 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, 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, Facilities Management.

Section (a) Notwithstanding any state law to the contrary, the Department of Administrative Services may implement a pilot videoconferencing initiative including the utilization of no more than six videoconferencing units. State agencies participating in the pilot program may be assessed and shall pay the charge initiated in the Fiscal Year 2003 for the usage of videoconferencing services and equipment. Such payments are considered allowable charges to all sources of state funding; sources include General Fund, Appropriated Special Funds, Non-appropriated Special Fund, Federal Funds and Transportation Trust Fund.

(b) The charge assessed to state agencies for videoconferencing services and equipment shall be determined by the Secretary of Administrative Services with the annual prior approval of the Budget Director and Controller General.

(c) Upon approval of the Budget Director and Controller General, the videoconferencing pilot program may be expanded in Fiscal Year 2005.

Section Section 1 of this Act authorizes two (2.0) ASF positions to the Department of Administrative Services, Public Service Commission (30-03-30). If Senate Bill No. 99 of the 142nd General Assembly or similar legislation is not enacted, these positions shall be deauthorized.

HEALTH AND SOCIAL SERVICES

Section Notwithstanding any other provisions of the Delaware Code, the Department of Health and Social Services shall have the authority to fill vacant positions with qualified applicants for the Nursing Assistant, Certified Nursing Assistant, Active Treatment Facilitator, Licensed Practical Nurse, Registered Nurse, Physician, Dentist and Psychiatrist classifications by agency recruitment efforts unless an eligibility list is required by federal law for that position.

Section The Division of Substance Abuse and Mental Health (35-06-00) is encouraged, where appropriate, to reallocate resources so as to create a balanced system of services and treatment among the Delaware Psychiatric Center (35-06-30), community hospitals, and community-based residential placements for persons with mental illness. 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 Delaware Psychiatric Center population.

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. 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 an annual report directly with the Budget Director and the Controller General.

Section Notwithstanding any other provisions of the Delaware Code, the merit position Nursing Home Director I, Governor Bacon Health Center BP #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- Non-State 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.

(b) The amount appropriated by Section 1 of this Act to the Department of Health and Social Services for Title XIX – Medicaid-State shall be expended solely 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 Medicaid Non-State or Medicaid State 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.

(d) The funds hereby appropriated for Medicaid – Non-State 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 except that funds may be expended to cover certain mental health services received by Medicaid eligible clients even though the federal government has terminated matching funds.

(e) The Department of Health and Social Services shall file a report to the Budget Director and Controller General of all services provided by the Medicaid Non-State appropriation. The report shall clearly identify any services that were changed, added or deleted during the current fiscal year. This report is due by May 15 each fiscal year.

Section Section 1 of this Act includes an appropriation to the Department of Health and Social Services, 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 Personnel in the Department of Health and Social Services, Division of Management Services (35-01-30) 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 Health and Social Services, Division of Management Services.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, 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, 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 $40.0 to the Department of Health and Social Services, 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. 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 Public Health. No such vaccinations shall be furnished until after certification by the volunteer fire or ambulance company on a form provided by 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 Public Health. To insure the success of this program, Public Health and representatives of the Delaware Volunteer Firemen’s Association shall work collaboratively in the best interests of all parties. 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 of $1,000.0 ASF to the Department of Health and Social Services, Division of Substance Abuse and Mental Health, Community Mental Health (35-06-20). The Division of Substance Abuse and Mental Health expects to generate additional retroactive revenue as a result of TEFRA rebasing of Medicare payment rates at Delaware Psychiatric Center. These funds shall be used to fund the rebasing project and to purchase medications for Community Mental Health.

Section Section 1 of this Act provides an appropriation for the Department of Health and Social Services, 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, 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, 2005; 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 Public Health, Community Health (35-05-20) will receive a portion of the Federal Medicaid reimbursement for services to Medicaid eligible students in School Based Health Centers. The division shall be allowed to collect and deposit up to $80.0 of the revenue into an ASF account entitled School Based Health Centers to support the cost of this initiative. Up to $500.0 of the remaining revenue will be deposited into an ASF account in Social Services (35-07-01) and used for expenses associated with the normal operations of the Medicaid-Non-State program. This amount may be increased subject to approval from the Budget Director and Controller General.

Section Section 1 of this Act appropriates $881.8 in Supplies and Materials to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20), of that appropriation $10.0 is to be used to purchase chemical reference materials for the Office of Environmental Health Evaluation.

Section Section 1 of this Act provides funding for the Department of Health and Social Services, Division of Public Health, Community Health, Office of Drinking Water (35-05-20) to administer the Drinking Water State Revolving Fund (DWSRF). This Fund consists of funding from the State 21st Century Fund and United States Environmental Protection Agency and includes appropriations for technical assistance and water operator training for drinking water systems in the State. The Environmental Training Center at the Delaware Technical and Community College and the Delaware Rural Water Association are the sole providers of water operator training and drinking water system technical assistance in Delaware therefore available funding through the DWSRF for training and technical assistance shall be distributed appropriately to these agencies.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Substance Abuse and Mental Health, Delaware Psychiatric Center (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 Delaware Psychiatric Center 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 29 Del. C. § 6102, the IPU shall be allowed to collect and expend the proceeds from the aforementioned account.

Section Section 1 of this Act provides an appropriation of $1,200.0 ASF to the Division of Social Services (35-07-01) for TANF Child Support Pass Through. The Division shall be allowed to collect and deposit funds into this account as a result of child support payments collected by the Division of Child Support Enforcement on behalf of TANF clients. These funds will be used by the DSS to make supplemental payments to clients who are eligible to retain a portion of their child support under State and Federal TANF budgeting rules.

Section Section 1 of this Act makes appropriations to the Department of Health and Social Services, Social Services (35-07-01), for various programs that pay for health care. In the Medicaid program, federal regulations mandate that drug companies must provide rebates in order to participate in the program. Social Services shall establish a drug rebate process for any prescription benefits provided to clients enrolled in the non-Medicaid programs administered by the division including but not limited to: the Delaware Healthy Children program, the Renal Disease program, the Delaware Prescription Assistance program and the Legal Non-Citizen Health Care program. The division shall establish a rebate process that it determines is in the best interests of the citizens who are being served. The rebate amount shall be calculated using the full methodology prescribed by the federal government for the Medicaid program. In addition, the division is authorized to negotiate rebates with drug companies for both Medicaid and other programs. Notwithstanding any provisions of the Delaware Code to the contrary, the division shall deposit any drug rebate funds received as well as third party insurance collections (minus retention amounts) and other collections into the appropriate Social Services program account and use them to meet program costs. These provisions shall be retroactive to July 1, 2003.

Section 1 of this Act also makes appropriations to other agencies of state government for health care programs that purchase drugs. The Department of Health and Social Services shall work with other state agencies to develop a drug rebate process for these programs.

The rebate amounts may be calculated using the full methodology prescribed by the Federal government for the Medicaid program. Rebates received for non-Division of Social Service programs shall be deposited into the General Fund.

The Budget Director and the Secretary of Health and Social Services shall continue to analyze cost containment initiatives in the area of additional drug rebates for prescription drugs. The Budget Director and the Secretary of Health and Social Services shall confer with the Controller General and the co-chairs of the Joint Finance Committee.

Section The Department of Health and Social Services is authorized to contract for the procurement of managed care services for the Diamond State Health Plan. The provisions of 29 Del. C. c. 69 shall not apply to such contracts.

Section (a) Section 1 of this Act appropriates $2,168.8 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 37.5 FTEs and establish or contract for an additional 2.0 FTEs 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 2005.

(b) 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.

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

Public Health (35-05-00) 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.

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 medical facilities and from federal matching funds. These positions will expedite the Medicaid Eligibility application process for Medicaid 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 Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Social Services (35-07-00) for Contractual Services. Of that amount, $750.0 is for DCIS II system maintenance. 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 2.1 General Fund positions and 1.8 NSF positions in order to support DCIS II system maintenance.

Section The Department of Health and Social Services is authorized to contract with a cooperative Multi-State purchasing contract alliance for the procurement of pharmaceutical products, services and allied supplies. The provisions of 29 Del. C. c. 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 appropriates $2,138.5 in Personnel Costs and 40.4 FTEs to Visually Impaired, (35-08-00). This section authorizes 1.0 FTE in addition to the 8.0 FTEs itinerant teachers available to meet caseload requirements for the Braille Literacy Act. This additional FTE may be filled if the September 2004 educational unit count indicates the number of teachers required to meet caseloads for visually impaired students is greater than the Fiscal Year 2005 complement of teachers.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, 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 $1,811.9 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 27.2 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 29 Del. C. § 6102.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Developmental Disabilities Services, Stockley Center (35-11-20) for Contractual Services. Of that amount, up to $10.0 shall be available for services provided by Camp Barnes.

Section Section 1 of this Act appropriates funding to the Developmental Disabilities Services, Community Services (35-11-30) for the Purchase of Community Services. Of this amount, $57.0 shall be used for the Mary Campbell Center.

Section Developmental Disabilities Services, 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 29 Del. C. § 6102, 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 (a) Developmental Disabilities Services (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 Developmental Disabilities Services, Community Services (35-11-30) 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 Social Services (35-07-00), for the SSI Supplement and Medicaid – Non-State. Of those amounts, $30.3 and $559.5, respectively, are the result of a reallocation from Developmental Disabilities Services, Community Services (35-11-20) as part of the Stockley Transition Plan and shall be used exclusively for the community placements of Developmental Disabilities Services 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 Section 1 of this Act provides an appropriation of $1,108.0 ASF to the Division of Developmental Disabilities Services, Community Services (35-11-30) for the Purchase of Care. The division shall be allowed to collect and deposit funds into this account as a result of revenue from implementation of a sliding fee scale, Medicaid transportation reimbursements, patient payments and tenant fees.

Section 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 for Department of Health and Social Services, State Service Centers, Family Support (35-12-10) includes 2.0 FTE (#59625 and #3094) and $80.9 Personnel Costs which support the Delaware Helpline. Upon vacancy, these positions shall be deleted and the corresponding funding shall be transferred to Contractual Services for the Delaware Helpline.

Section Section 1 of this Act includes funding for Contractual Services for Department of Health and Social Services, State Service Centers, Family Support (35-12-10). Of this amount, $10.0 shall be used for the Delaware Helpline. Available funds designated for the Delaware Helpline may be distributed annually in a lump sum at the beginning of the contract year.

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 at the discretion of the Secretary of the Department of Health and Social Services.

Section 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 29 Del. C. § 6102, 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 makes an appropriation to Contingencies and One-Time Items (10-02-04) for Salary/OEC Contingency to the Office of the Budget (10-02-04). Of the total appropriation, up to $100.0 is intended to fund Senate Bill 112 of the 142nd General Assembly or similar legislation.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Office of the State Medical Examiner (35-04-00). Of that appropriation, $41.2 is intended to fund 1.0 FTE, for a Senior Forensic DNA Analyst, $1.0 for Supplies and Materials and $2.0 for Travel and a one-time appropriation of $3.4 for furniture and computers to support these positions. In addition, an additional 1.0 FTE is appropriated with no additional funding for a Forensic DNA Analyst.

Section The Fiscal Year 2004 Appropriations Act appropriated funding for 2.0 FTEs and funding in Personnel and support costs to the Office of the State Medical Examiner (35-04-00). It is the intent of the General Assembly that the positions and funding be used to continue the implementation of House Bill 4 of the 141st General Assembly.

Section Notwithstanding any provisions of the Delaware Code to the contrary, the Division of Social Services (35-07-01) is authorized to make such policy changes in the administration of the Temporary Assistance for Needy Families (TANF) program as may be necessary to assure that Delaware will qualify for the full amount of its federal block grant entitlement. Any changes require the prior approval of the Budget Director and Controller General.

Section In prior fiscal years, Section 1 of this Act appropriated funding to Medicaid State for funding of State-run institutions. This funding had provided a separate line item appropriation, as previously required by the federal government, in order to receive Medicaid matching funds. The same Medicaid matching funds will be received by using the current expenditure of funds that are appropriated to each institution allowing the Medicaid – State appropriation to be eliminated. The elimination of this line item does not represent any reduction of services and only represents accounting for the funds in the most appropriate and efficient manner.

Section Anything in 29 Del. C. c. 58, or the Merit Rules of Personnel Administration to the contrary notwithstanding, employees of the State Department of Health and Social Services, including employees within the Division of Disabilities Services, who served as contract foster care providers for the Division of Developmental Disabilities Services shall be eligible to continue to serve as contractual service providers during Fiscal Year 2005. The Director of the Division of Developmental Disabilities Services shall ensure that foster care providers employed by the Department of Health and Social Services are not monitored or reviewed by other Department employees who are more junior to them and that contractual foster care providers do not serve on the Division’s Placement Review Committee.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Division of Developmental Disabilities Services (35-11-00). Of that amount, $250.0 is to be used to fund day services based on individual support needs (inclusive of adults with extensive personal care needs) and consistent with the Inventory for Client and Agency Planning (ICAP) - based Division of Developmental Disabilities Services rate-setting process.

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:

All juvenile related Statistical Analysis Center (SAC) (10-02-08) positions shall be located in Youth Rehabilitation Services (YRS) (37-05-00) with access to all appropriate computer systems. After July 1, 2004, the Budget Director and the Controller General shall transfer $51.7 in Personnel Costs; $1.6 in Travel; $3.0 in Contractual Services; $1.3 in Supplies and Materials; and $4.0 in Capital Outlay from the Office of the Secretary (37-01-10) to the Statistical Analysis Center (10-02-08).

Section During the fiscal year, the Department of Services for Children, Youth and Their Families may develop proposals to enhance or develop services provided in the State of Delaware. These proposals shall include cost estimates that will demonstrate the cost effectiveness of the new or enhanced services. In the event that a new service would require additional state employees, the department may request new positions that will be funded by a structural change from existing appropriations within the department. Any new positions and funding changes must be approved by the Budget Director and the Controller General.

Section Section 1 of this Act provides an appropriation of $100.0 to the Department of Services for Children, Youth and Their Families, Management Support Services, Office of the Secretary (37-01-10). These funds shall be used to cover additional costs as a result of mandatory minimum sentencing requirements of House Bill 210 of the 142nd Delaware General Assembly.

Section Management Services (37-01-00) shall have 1.0 FTE exempt position in addition to those authorized by 29 Del. C. § 5903.

Section Section 1 of this Act provides an appropriation of $588.5 and $284.3 ASF to the Department of Services for Children, Youth and Their Families, Child Mental Health Services (37-04-00). These funds shall be used to implement a Drug Court Program with Family Court. In addition, funds from the Juvenile Accountability Incentive Block Grant (JAIBG) and recovered Medicaid funds will be directed towards the Drug Court Program. Said funds are intended to serve 140 youth during this fiscal year, with a maximum of 70 youth at any one time.

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, 2004, 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 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 As a means of monitoring and improving the excessive expenditure of casual/seasonal and overtime in 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 shall include, but not be limited to, sick leave usage, vacancy rates, training and transportation costs 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 The Department of Services for Children, Youth and Their Families shall report on a quarterly basis 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 for the purpose of supporting the Young Criminal Offender Program located at the Department of Correction, Prisons, Howard R. Young Correctional Institution (38-04-06).

Section Section 1 of this Act provides an Appropriated Special Fund authorization of $113.3 to the Department of Services for Children, Youth and Their Families for the purpose of supporting a Family Court Commissioner to assist in the Child Protection Registry appeal process as required pursuant to 16 Del. C. c. 9.

Section (a) In addition to the positions authorized in Section 1 of this Act for Family Services, Intake/Investigation (37-06-30) and Intervention/Treatment (37-06-40), the Budget Director may authorize additional training positions for the purpose of training investigative and treatment workers.

(b) An additional 2.0 FTEs were authorized in Fiscal Year 2000 in Family Services, Office of the Director (37-06-10) for the purposes of training workers hired in accordance with (c) of this Section. As the need for the over-hire provisions and the associated training authority is reduced, the Budget Director and the Controller General may eliminate 2.0 positions through attrition.

(c) For the purposes of retaining and attracting experienced investigation and treatment workers in Family Services, the division may competitively recruit for Family Crisis Therapists in their investigation and treatment units. Current 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. 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. 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 provides an appropriation to the Department of Services for Children, Youth and Their Families, Family Services, Office of the Director (37-06-10) of $888.0 for Pass Throughs. It includes:

Child Advocacy Center $587.7

People’s Place, Milford $ 67.0

CHILD, Inc. $233.3

The recipient of said funds shall provide a quarterly report to the Budget Director, Controller General, and the Department of Services for Children, Youth and Their Families. This report shall include, but not be limited to, the following: the number of clients served and/or treated, and a summary of expenditures of said funds.

Section Notwithstanding any provision of the Delaware Code or section of this Act to the contrary, the Department of Services for Children, Youth and Their Families shall have the authority to award new contracts for foster care, group care, shelter care and respite care upon resolution of issues surrounding the request for proposals issued during Fiscal Year 2004. In developing the new request for proposal, the Department shall provide enhanced communication and define expectations to meet the needs of children under care and/or supervision of the Department. Contracts shall not be awarded before March 1, 2005.

Section Funds heretofore appropriated to the Department of Children, Youth and Their Families, Family Services, Office of the Director (37-06-10) for Pass Throughs for the Watchful Shepherd program may be used for similar services provided by the Child Advocacy Center. Such services shall be provided in New Castle, Kent, and Sussex counties. Said funds shall not be included, or be considered, as base budget appropriations for the Fiscal Year 2006 Appropriations Act.

Section If the quarterly average daily population at the New Castle County Detention Center is below 114, the Budget Director and the Controller General may reduce the number of casual seasonal or full time positions through attrition.

Section (a) The Department of Services for Children, Youth and Their Families shall develop a plan to transition the operation of Grace and Snowden Cottages from contracted services to State operated facilities. The Budget Director and Controller General shall approve the transition plan prior to implementation during Fiscal Year 2005.

(b) Upon approval of the Budget Director and Controller General, the Department is authorized to establish up to 29.0 FTEs for educational and secure care operations at Grace and Snowden Cottages. The Department is also authorized to transfer Contractual Services to Personnel Costs to fund the positions established for the operation of said facilities.

(c) Section 1 of this Act makes an appropriation of $100.0 to the Office of the Budget, Contingencies and One-Times (10-02-04) for the transition costs for Grace and Snowden Cottages. These funds shall be transferred to the Department upon approval of the Budget Director and Controller General.

CORRECTION

Section (a) Section 1 of this Act includes funding for relief positions in the Department of Correction, Administration, Human Resources/Employee Development Center (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, additional positions are authorized in Human Resources/Employee Development Center for the purpose of training classes. During the training sessions, up to 100 positions will be made available to accommodate the class being trained. Funding is authorized to seed the first-time use of 30 of these 100 positions. In order to utilize these positions after the first-time use, and to use the remaining 70 positions, 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, additional positions are authorized in Human Resources/Employee Development Center for the purpose of Probation and Parole Officer Basic Training classes. During the training sessions, up to 25 FTEs will be made available to accommodate the class being trained. No funding will be authorized for these 25 FTEs. In order to utilize these positions, the department will use salary savings realized throughout the year.

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 Notwithstanding any provision in Title 29, Chapter 69, Delaware Code or any other law to the contrary, the Department of Correction may approve a subcontractor for the purchase and delivery of pharmaceuticals pursuant to the Contract #2828 for correctional health services.

Section The Department of Correction, Administration, Facilities Maintenance (38-01-40), receives funding for maintenance and restoration projects in the Budget Act. The department must submit a bi-annual 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 the following fiscal year by October 31, 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 Department of Correction, Prisons, Bureau Chief - Prisons (38-04-01). Included in this appropriation is 1.0 FTE Correctional Arts Program Coordinator and Personnel Costs, $4.4 for Supplies and Materials, $8.4 for casual/seasonal, $5.7 for Contractual Services and $0.8 for Travel.

Section Section 1 of this Act makes an appropriation to the Department of Correction, Prisons, Bureau Chief - Prisons (38-04-01), Contractual Services. Of this amount $20.0 shall be used for the purpose of collecting DNA samples. This provides funding for the implementation of House Bill 4 of the 141st General Assembly.

Section Section 1 of this Act provides an appropriation for Personnel Costs to the Department of Correction, Prisons, Delaware Correctional Center (38-04-03). Included in this appropriation is 1.0 FTE and Personnel Costs to allow the department to oversee a program to manufacture reading materials in Braille for the visually impaired. Also 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 appropriates funds to Department of Correction, Prisons, Delores J. Baylor Correctional Institution (38-04-05) in contractual services for a contract to provide a program for female offenders at Delores J. Baylor Correctional Institution 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 $4,284.3 to the Department of Correction, Administration, Drug and Alcohol Treatment Services (38-01-31) for Drug and Alcohol Treatment Services; and $632.0 to the Department of Correction, Community Corrections, Bureau Chief - Community Corrections (38-06-01); and $55.9 to the Department of Correction, Community Corrections, Probation and Parole (38-06-02). Funding in Department of Correction, Community Corrections, Probation and Parole (38-06-02) will be augmented by $250.0 ASF from the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund. All funds described in this section are intended to support drug and alcohol treatment 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 Correction or his designee.

(b) On or before August 1, 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 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 (a) The Department of Correction shall have the authority, upon the concurrence and approval of the Budget Director and Controller General, to establish up to 6.0 ASF FTEs. The positions shall be Correctional Officers who will supervise inmate work crews assigned to the completion of projects requested by the Department of Transportation. Upon approval, 2.0 ASF FTEs shall be assigned to the Department of Correction, Prisons, John L. Webb Correctional Facility (38-04-02), 2.0 ASF FTEs in Department of Correction, Community Corrections, Plummer Work Release Center (38-06-06) and 2.0 ASF FTEs in Department of Correction, Community Corrections, Central Violation of Probation Center (38-06-10). The source of funding shall be the Department of Transportation, Maintenance and Operations, Maintenance Districts (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.

(b) Of the total positions authorized in Section 1 of this Act for the Department of Correction, the following shall be used to continue the existing highway beautification projects: Community Corrections, Kent County Work Release Center (38-06-08) – at least 3.0 positions, Community Corrections Central Violation of Probation Center (38-06-10) – at least 4.0 positions, and Prisons, Sussex Correctional Institution (38-04-04) – at least 3.0 positions.

(c) Section 1 of this Act also makes an appropriation for Contractual Services to Department of Correction, Community Corrections, Kent County Work Release Center (38-06-08). Of this amount, $5.0 shall be used for “tipping” fees.

Section The Department of Correction, Administration, Office of the Commissioner (38-01-01) shall maintain an overtime expenditure report and shall provide such report quarterly to the Budget Director and Controller General. The report shall include the number of overtime hours worked and the amount of overtime salary expended by each agency within the Department, and shall include a breakdown of the reason for overtime.

Section Prison education services shall be provided by utilizing existing teachers that are in the Department of Correction as well as authorized teaching positions in the Department of Education. The management of all educational positions shall be provided by the Department of Education. Department of Correction teachers shall have the opportunity each year 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 an 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, Community Corrections, 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.

Section For the upcoming fiscal year, the Videophone System Specialist in the Office of the Public Defender (15-02-01) shall work with the Department of Correction under the direction of the Deputy Principal Assistant to the Bureau Chief of Prisons to begin a pilot Distance Learning Program for persons supervised in Level V facilities. The Department shall submit a report on distance learning including pilot project recommendations to the Budget Director and the Controller General by December 31, 2004. Upon approval by the Budget Director and the Controller General, funds up to $30.0 may be used for implementation.

Section The Department of Correction is hereby authorized to review the current security status classification of its facilities and submit a report, including but not limited to, any proposed security level changes deemed necessary and appropriate to accommodate the needs of the Department. Such report shall be submitted to the Budget Director and the Controller General no later than January 1, 2005. No change shall be made to the security status of the facility without the prior approval of the Budget and the Controller General.

Section The State Budget Director, the Director of State Personnel, and the Controller General are directed to work with the Department of Correction on a plan to phase-in implementation of the recommendations of the Task Force on Correctional Officer Compensation, Benefits & Pension Issues (September, 2003). Special attention and analysis shall be on the Correctional Officer Series pay grades and pay ranges. Recommendations shall be made no later than November 15, 2004 to the Governor and Co-chairs of the Joint Finance Committee.

NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Section Section 1 of this Act authorizes Fish and Wildlife, Wildlife/Fisheries (40-05-02) to spend up to $4,132.0 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 Annual Fiscal Year Capital Improvement Program. Any deviation from the listed projects must be approved by the Budget Director and the Controller General.

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 and July 31, respectively.

Section Section 1 of this Act appropriates $111.6 to 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 $35.8. In addition, $270.0 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 1 of this Act makes an appropriation for Contractual Services to the Department of Natural Resources and Environmental Control, Water Resources, (40-08-01). Of that amount $50.0 shall be used to support the Partnership for the Delaware Estuary.

Section Section 1 of this Act appropriates $906.9 in General Funds and any revenues collected 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. The contract will require that at a minimum there will be 6 Dog Control Officers in New Castle County, 3 in Kent County and 3 in Sussex County during Fiscal Year 2005.

Section Section 1 of this Act makes an appropriation for Contractual Services to the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, (40-05-02). Of that total appropriation $25.0 is to be dedicated to beaver control.

Section Section 1 of this Act makes an appropriation to the Department of Natural Resources and Environmental Control. Of that appropriation the Department of Natural Resources and Environmental Control is directed to pay $40.8 to the New Castle Conservation District for the rental of office space, storage facility, and garage for Mosquito Control.

Section Section 1 of this Act appropriates funds to support 2.0 FTEs within the Department of Natural Resources and Environmental Control, Air and Waste Management, Air Quality Management (40-09-02). One position is an Environmental Engineer II/IV assigned to the Delaware City Petro Chemical Complex. The second position is an Environmental Engineer II/IV assigned to Claymont/Edgemoor Industrial Complex and located at the Robinson House. The incumbents shall each submit an annual report to the Joint Finance Committee on February 1 of each year, which summarizes the complaints and activities of the previous calendar year. These positions will respond to and provide follow-up on complaints from the community on the air quality throughout New Castle County.

Section 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, and further allowed by the subsequent Settlement Agreement of June 24, 2001. 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).

Section Section 1 of this Act appropriates $4,070.2 to the Department of Natural Resources, Parks and Recreation, Operations and Maintenance (40-06-02). Of this amount, $115.0 shall be used to fund casual/seasonal positions for Killens Pond Waterpark and $8.5 shall be used for program services and contractual services at the Bellevue State Park system.

Section The budget complement of the Department of Natural Resources and Environmental Control, Water Resources, Environmental Laboratory (40-08-02) includes 2.0 FTEs Analytic Chemist, position numbers BP #58598 and BP #8339. When one of these positions becomes vacant, it shall be converted to ASF. The remaining position shall not be converted.

Section Section 1 of the Act appropriates $2,699.9 to the Department of Natural Resources and Environmental Control, Water Resources, Management and Support – Water Resources (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 $510.4 to the Department of Natural Resources and Environmental Control, 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 for Contractual Services, $5.0 for Supplies and Materials and $.1 for Travel.

Section Section 1 of this Act appropriates $23.9 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 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 Soil and Water Conservation, District Operations (40-07-04) for Contractual Services. Of that amount, $130.0 shall be used for 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 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 Section 1 of this Act makes an appropriation to the Department of Natural Resources and Environmental Control, Water Resources, Management and Support – Water Resources (40-08-01). Of the total appropriation, $220.0 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 Fish and Wildlife is authorized to expend funds carried forward from the sale of boat registration fees, effective Fiscal Year 2000 and thereafter, for the purpose of supporting fisheries programs and marine enforcement.

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 website within three working days, all unclassified misdemeanors issued by Air and Waste Management Enforcement Officers after such citations have been entered in the courts.

Section Section 1 of this Act appropriates 1.0 ASF FTE Enforcement Coordinator position, which shall be exempt from the Merit System, to the Department of Natural Resources and Environmental Control, Office of the Secretary (40-01-01) to be funded through expenses incurred and recovered by the department, related to processing of administrative enforcement actions under 7 Del. C. c. 60. Violators shall be liable for the following expenses of the investigation incurred by the State after the notice of violation is issued: direct costs of the investigation; legal assistance including paralegal assistance; public hearings; all other costs expressly determined by the Secretary as reasonably related to the investigation of the incident; and the indirect costs related to all of the above.

Section Section 1 of this Act makes an appropriation for contractual services to Department of Natural Resources and Environmental Control, Parks and Recreation, Operations and Maintenance (40-06-02). Of the total appropriation, $25.0 is dedicated to Greenways and Trails maintenance.

Section Section 1 of this Act makes an appropriation of $30.0 in Personnel Costs to the Department of Natural Resources and Environmental Control, Fish and Wildlife, Fish and Wildlife Enforcement (40-05-06). This appropriation is to fund five casual/seasonal enforcement officers to patrol the inland bays.

Section Air and Waste Management (40-09-03) shall have 1.0 FTE exempt position in addition to those authorized by 29 Del. C. §5903. When position BP #09228 becomes vacant, it shall be classified by the Director of Personnel in accordance with the Merit System, 29 Del. C. c. 59.

Section Section 1 of this Act includes an appropriation for personnel costs associated with 2.0 additional FTE’s within Parks and Recreation, Planning Preservation and Development (40-06-04) for support of the Indian River Marina. The Department is directed to work with the State Personnel Office to classify 1.0 of the new FTE’s to accurately reflect duties associated with the management of the Indian River Life Saving Station. The remaining 1.0 FTE will be transferred to Fish and Wildlife Enforcement (40-05-06) and classified to accurately reflect duties associated with marina security enforcement.

Section Section 1 of this Act appropriates $2,274.9 in General Funds to Parks and Recreation, Wilmington State Parks (40-06-05). Of this amount $32.0 shall be used for the construction of a water system and $17.5 shall be used for monument and general maintenance within the parks.

Section Section 1 of this Act appropriates $66.3 ASF in Personnel Costs and 1.0 ASF FTE Green Energy Program Administrator, $1.0 ASF in Travel, and $5.0 ASF in Contractual Services from the Green Energy Fund to the Department of Natural Resources and Environmental Control, Office of the Secretary, Energy Office (40-01-05). This funding and position is contingent upon the enactment of House Bill 434 of the 142nd General Assembly. If House Bill 434 is not enacted, this section shall be null and void.

Section Section 1 of this Act appropriates $893.8 in General Funds for contractual services in Parks and Recreation (40-06-00). Of this amount $14.4 shall be used for the leasing of an enforcement vehicle and Interpretive Program vehicle at Killens Pond State Park.

SAFETY AND HOMELAND SECURITY

Section The Department of Safety and Homeland Security is hereby authorized to continue the agreement between State Police (45-06-00) and Sussex County Council to provide up to 24 additional patrol officers in Sussex County.

In Section 1 of this Act, ASF authority has been provided to 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 State Police and Sussex County is terminated, this authority shall be deauthorized.

Section Section 1 of this Act makes an appropriation to 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 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 State Police (45-06-00), additional positions are authorized in State Police, 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 Notwithstanding 29 Del. C. c. 63 and c. 69 or any other statutory provision to the contrary, the Department of Safety and Homeland Security 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 State Police in support of mobile data computing telecommunications infrastructure cost, effective retroactively.

Section Section 1 of this Act provides 3.0 Physical Plant Maintenance/Trades Mechanic I FTEs to the Department of Safety and Homeland Security, State Police, Building Maintenance and Construction (45-06-02). These positions shall report to Delaware State Police Troop 1, Troop 2 and Troop 6.

Section Section 1 of this Act appropriates $180.0 ASF Personnel Costs and 3.0 Traffic Light Enforcement ASF FTEs in Safety and Homeland Security, State Police, Traffic (45-06-07). The source of funding shall be from revenues generated as a result of the Red Light Enforcement Safety Program within the Department of Transportation (55-00-00). Funding and the establishment of these positions are contingent upon the execution of a Memorandum of Understanding between the Department of Safety and Homeland Security and the Department of Transportation.

Section Notwithstanding any other provisions of 29 Del. C. c. 69 to the contrary, the Delaware Emergency Management Agency (45-01-30) is authorized to utilize the United States Department of Defense, Defense Logistics Agency, Defense Supply Center Philadelphia, First/Emergency Responder Equipment Purchase Program or such other similar program for the procurement of material from the Authorized Equipment List of the U.S. Department of Homeland Security’s State Homeland Security Grant Program or such other similar program with funds that may be provided by the U.S Department of Homeland Security, Office for Domestic Preparedness, to the extent that such purchase is authorized by federal laws and/or regulations.

TRANSPORTATION

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 2 Del. C. c. 13.

(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 and Sussex Transportation “E&H” 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) Funds provided for Kent and Sussex Transportation “E&H” includes funding for the Sussex County Reimbursable Program. To improve the operation of this program, the following provisions shall be implemented:

1) Sussex County Council, on behalf of the eligible transportation providers, shall submit annual operating budget requests to the Delaware Transit Corporation by September 1 of each year; and

2) Delaware Transit Corporation shall by May 1 distribute proposed contracts to each of the eligible transportation providers for transportation services commencing the ensuing July 1. Said contracts shall be subject to an annual appropriation for such purpose.

(e) It is intended that funds for Taxi Services Support “E&H” 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.

(f) 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.

(g) 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 $980.6 TFO to Finance (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 makes an appropriation of $830.3 TFO to Planning (55-03-01) for Operations/Capital.

(a) Of this amount, $37.5 shall be used for infrastructure research and forums through the University of Delaware, Institute for Public Administration. An additional $37.5 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 Center for Transportation. Use of these program funds is subject to prior approval of the research approach and specific research projects of the Center by the existing Policy Committee for the Center, 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 Department of Technology and Information shall bill the Department of Transportation, Office of Information Technology (55-02-03) on an actual usage basis, excluding the costs associated with the ongoing operations within Motor Vehicles, Administration (55-11-10), Drivers Services (55-11-20), and Vehicle Services (55-11-30).

Section Section 1 of this Act provides an appropriation to Maintenance and Operations (55-04-00). Of this appropriation, $2,610.0 TFO 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.

Section Section 1 of this Act makes an appropriation in the amount of $52,427.5 TFO to Maintenance and Operations, Maintenance Districts (55-04-70) and $14,315.0 TFO to Maintenance and Operations, Toll Administration (55-04-90). Additionally, the Turnpike Operating Reserve Fund is authorized at $1,334.6 TFO.

The appropriation for both units may be allocated among the State’s toll roads as follows:

Line Item

Toll

Operations

Maintenance

EZPass

Total All

 

I-95

SR-1

     

Personnel Costs

2,935.1

3,309.0

6,587.5

 

12,831.6

Travel

26.0

0.0

0.0

 

26.0

Contractual/Supplies

1,387.6

821.1

1,500.0

5,250.0

8,958.7

Energy

114.8

380.4

409.8

 

905.0

Capital Outlay

91.0

0.0

66.0

 

157.0

TOTALS

4,554.5

4,510.5

8,563.3

5,250.0

22,878.3

FTEs

65.0

74.0

148.0

0.0

287.0

Section Section 1 of this Act provides an appropriation to Maintenance Districts (55-04-70) for Contractual/Supplies. Of this appropriation, $29.5 shall be allocated to the Woodland Ferry.

Section Section 1 of this Act makes various appropriations from the Transportation Trust Fund for transportation-related operations. Chapters 5.0000 and 6.0000 of the Merit Rules notwithstanding, the State Personnel Office, the Budget Director and the Controller General support the Department of Transportation’s (“Department”) efforts to develop and implement two pilot programs to provide employee incentives designed to acknowledge outstanding performance and to achieve a net reduction in costs to the department.

The pilot programs, Shared Savings Program and Quality Service Award Program, shall have oversight by a committee comprised of the Secretary of Transportation, Budget Director, State Personnel Director, State Controller General, a Representative of Council 81 AFL-CIO, a Representative of the Amalgamated Transit Union AFL-CIO-CLC and a Representative of the American Arbitration Association. Guidelines for both pilot programs shall be developed by the department for approval by the Committee. Analytical assistance shall be provided by the staffs of the Finance, Budget Office and Controller General’s Office.

Annual savings realized as a result of proposals implemented under the Shared Savings Program shall be distributed as follows: 50 percent distributed at a per capita rate to all permanent full-time and permanent part-time department employees and 50 percent to the Transportation Trust Fund.

Of the 50 percent share distribution to the Transportation Trust Fund realized from the Shared Savings Program, not more than $200,000 per year shall support the Quality Service Award Program with a maximum award amount of $10,000 per recipient. The department shall submit a written report on the outcome of these pilot programs to members of the General Assembly on or before December 31 of each year.

Shared savings proposals must be submitted to the Secretary of Transportation by October 1 of each year. Implementation of savings proposals shall commence on July 1 of the following year. Upon the conclusion of each fiscal year, the Oversight Committee shall assess the proposals with respect to their actual savings and shall distribute associated Shared Savings Awards by the following December  1st .

Section The Department of Transportation and/or its E-ZPass contractor is prohibited from monitoring the speed of motor vehicles through E-ZPass toll booths for the purpose of issuing traffic citations or the suspension of E-ZPass privileges. Nothing in this section shall prohibit the State Police from enforcing traffic laws including speed enforcement at the E-ZPass toll booths.

Section Section 1 of this Act makes an appropriation to Maintenance and Operations, Maintenance Districts (55-04-70) in the amount of $3,041.0 TFO to establish a Special Line called Snow/Storm Contingency that will provide for the expenses of weather/emergency operations. Notwithstanding any other provision of the 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 shall provide quarterly reports each fiscal year to the Budget Director and the Controller General.

Section In addition to the positions authorized in Section 1 of this Act for the Department of Transportation, Technology and Support Services, Office of Information Technology (55-02-03), additional positions are authorized in Delaware Transportation Authority (55-06-01) for the purpose of information technology support. As remaining positions for the purpose of information technology support become vacant, up to 3.0 FTEs and associated funding from the Delaware Transportation Authority may be reallocated to continue the centralization of the information technology function within Technology and Support Services, Office of Information Technology (55-02-03). The Budget Director and Controller General may authorize this reallocation accordingly.

Section During the fiscal year, 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 Notwithstanding any other provisions of the Delaware Code, the Department of Transportation, Motor Vehicles (55-11-00) shall have the authority to charge state agencies for state identification cards, not to exceed $10 per card. The amount to be reimbursed shall be determined by Motor Vehicles and will be deposited into a holding account coded as special fund revenue and shall not be subject to General Fund deposit or Transportation Trust Fund deposit at any time.

Section Section 1 of this Act appropriates $200.0 TFO to the Department of Transportation, Motor Vehicles, Vehicle Services (55-11-30) for the purpose of replacing vehicle inspection equipment.

Section Notwithstanding the provisions of 29 Del. C. § 6102(o)(3), any remaining balance in the Inspection and Maintenance (I/M) Fund shall not be subject to General Fund deposit until June 30, 2004. These funds may be used for costs associated with Motor Vehicles (55-11-00) lane construction.

Section The Department is directed to submit any proposed reorganization or change in operations that affect delivery of services within Motor Vehicles to the Co-chairs of the Joint Finance Committee for approval before implementation.

LABOR

Section (a) Section 1 of this Act provides an appropriation of $345.2 to Employment and Training, Employment and Training Services (60-09-20) for the Delaware State Summer Youth Employment Program to operate a program commencing July 1, 2004. The budget will take into consideration the funds required to commence the program at the end of Fiscal Year 2005, on or about June 15, 2005. This sum is to be allocated in the following manner:

New Castle County (outside the City of Wilmington) $ 80.4

City of Wilmington 150.8

Kent County 57.0

Sussex County 57.0