CHAPTER 4

FORMERLY

SENATE BILL NO. 9

AN ACT TO AMEND THE FISCAL YEAR 2005 BOND AND CAPITAL IMPROVEMENTS ACT AND TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE RECORDS.

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

Section 1. Amend Chapter 308, Volume 74, Laws of Delaware, Section 3, page 4 by deleting line 15 and inserting the following lines and recalculating all totals and subtotals therein as follows:

  “Christina  - Portable Classrooms              $0                   $1,181,700                $1,181,700

(Local Funds)

Christina -  New Elementary School            $0                  $1,974,100              $1,974,100

(Local Funds)

Christina -  New Middle School                   $0                $2,362,400               $2,362,400

(Local Funds)”.

Section 2. Amend Chapter 308, Volume 74, Laws of Delaware, Section 17, by inserting after line 7, page 14, the following “West Center City Neighborhood Planning Advisory Committee 2005

Community Camera Program”.

Section 3. Amend Chapter 308, Volume 74, Laws of Delaware, Section 36(g) by deleting the phrase “(3) The potential recipient or recipients of the State’s funds must demonstrate a sustained track record of successful investment in Delaware companies and maintaining their presence in the State;” in its entirety and inserting in lieu thereof the following “(3) The potential recipient(s) of the State’s funds must demonstrate an investment history in Delaware companies and maintaining their presence in the State;”.

Section 4. Amend Chapter 308, Volume 74, Laws of Delaware, Section 78, by deleting the number “8,800,000” as it appears therein and inserting the number “9,900,000”.

Section 5. Amend Chapter 308, Volume 74, Laws of Delaware, Section 83 by adding after the words “tax ditch” as they appear on line 17, page 46 the words “or public ditch”.

Section 6. Amend Chapter 308, Volume 74, Laws of Delaware, Section 85 by deleting the words “Two hundred and fifty thousand dollars” as they appear on line 1, page 47 and insert the words “Of the $1,500,000 appropriated for Debris Pits from the Resource, Conservation and Development Fund in Section 14 of this Act, $250,000”.

Section 7. Amend Chapter 308, Volume 74, Laws of Delaware, Section 131 (a) by deleting the word “Five” on line 19, page 70 and replacing with the word “Four” and by deleting the words “Steele Island”. Further amend Section 131(a), line 20, page 70 by deleting the number “715” and replacing it with the number “664”. Further amend section 131(a) by deleting the sentence beginning with the words “At closing,” on line 4, page 71 through and including the words “state of Delaware.” on line 6, page 70.

Section 8. Amend Chapter 308, Volume 74, Laws of Delaware, Section 155, by deleting the words “during Fiscal Year 2005” as they appear on line 2, page 84 and inserting in lieu thereof the words “through Fiscal Year 2006”. Further amend Section 155 by deleting the year “2004” as it appears on line 3, page 84 and inserting in lieu thereof the year “2005”.

Section 9. Amend Chapter 308, Volume 74, Laws of Delaware by adding new Sections 160, 161, 162 and 163 to read as follows:

Section 160. Full Day Kindergarten. In order to maximize certain construction cost efficiencies, local school districts currently undertaking major renovations or capital construction projects shall have the ability to apply for a modified Certificate of Need to increase their local amount for the capital projects required as a result of implementing full day kindergarten. The Department of Education shall review the requests for a modified Certificate of Need and may approve such requests with the concurrence of the Budget Director and the Controller General. Local school districts may utilize Minor Capital Improvement funds as the required local funds and in anticipation of future state match in order to implement the provisions of this section.

Section 161. Kent County Aviation Reprogramming. Of the funds remaining in appropriation Kent County Aviation, Fiscal Year 2005 (10-02-01-0816) $500,000 shall be reprogrammed to the Fiscal Year 2005 Community Redevelopment Fund (10-02-01) and $250,000 shall be reprogrammed to the Carvel Plaza Deck Project, Fiscal Year 2005 (30-05-10-0836).

Section 162. Carvel Plaza Deck. Of the funds remaining in the appropriation Procurement, Fiscal Year 2005 (10-02-04-8200), $325,000 shall be reprogrammed to the Plaza Deck Project, Fiscal Year 2005 (30-05-10) at the Carvel State Office Building; $40,000 shall be reprogrammed to the Police Chiefs Council, Fiscal Year 2005 (10-02-01) in the Budget Office and $50,000 shall be reprogrammed to the Legislative Hall Improvements, Fiscal Year 2005 (01-08-02) in the Office of the Controller General.

Section 163. Sussex County Courthouse. Of the funds remaining in New Castle County Courthouse Heat Remediation, Fiscal Year 2005 (30-05-10-0874), up to $367,000 shall be reprogrammed to the Sussex County Courthouse, Fiscal Year 2005 (30-05-10-0840). Additionally, of the $700,000 appropriated in Section 1 of this Act for Judicial MCI & Equipment, up to $279,000 may be used for the Sussex County Courthouse with the approval of the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program.”

Section 10. Amend §305, Title 21 of the Delaware Code by renumbering the current section (f) as (f) (1).

Further amend current subsection (f) by deleting the phrase “for each copy of each state and/or national driving record” and inserting in lieu thereof the phrase “for each motor vehicle record”.

Further amend Section 305 (f) by inserting a new subsection (f) (2) to read as follows:

“(f) (2) Notwithstanding the provisions of subsection 305 (f) (1) above, the Director of the Division of Motor Vehicles is authorized to enter into contractual agreements for the bulk sale of vehicle records for uses that are permissible under this section. These contracts may include pricing models that are based on the division’s cost to produce, maintain and distribute such records. Purchases of motor vehicle driving history and license records pursuant to the provision of this section shall be governed exclusively by the conditions of subsection 305(f) (1).”

Section 11. If any section, part, phrase or provision of this Act or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Act or the application thereof.

Approved February 7, 2005