CHAPTER 84

FORMERLY

HOUSE BILL NO. 290

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2010; 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: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, 2010, 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 2010, 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Section Any previous Act inconsistent with the provisions of this Act is hereby repealed to the extent of such inconsistency.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 2010, the proposed budget plan, as prepared by the Director of the Office of Management and Budget, 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 2010, the payroll recovery rate for the Worker’s Compensation Program shall be 2.00 percent.

(d) Notwithstanding 29 Del. C. c. 60A or any other provision of the Delaware Code or this Act to the contrary, the employer contribution from state agencies and non-state entities to qualified participants of the Deferred Compensation Program shall be suspended beginning July 1, 2008. It is the intent of the General Assembly that this program be reinstated when funding becomes available.

(e) Section 1 of this Act provides funding for a state employee pension rate of 15.27 percent. The components of the rate are 6.71 percent for the pension liability, 7.16 percent for retiree health insurance costs and 1.40 percent for the Post-retirement Increase Fund.

(f) Section 1 of this Act provides funding for a judicial pension rate of 30.89 percent.

(g) Section 1 of this Act provides funding for a new State Police pension rate of 15.81 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

All Merit Rules referenced in this Act refer to the Merit Rules in effect June 30, 2009.

Section MERIT SYSTEM AND MERIT COMPARABLE SALARY SCHEDULES.

(a) All provisions of Subsections (a)(i), (b), (c), and (i) through (l) of this Section shall not apply to those Merit System employees who are covered by the provisions of 19 Del. C. § 1311A. The effective dates of agreements pursuant to 19 Del. C. §1311A shall occur simultaneously with the fiscal year following final agreement between the State of Delaware and ratification of that agreement by the respective certified bargaining unit provided funds are appropriated in Section 1 of this Act for said agreements. Section 1 of this Act makes no appropriation, and no subsequent appropriation shall be made during the fiscal year, for any compensation items as defined in 19 Del. C. § 1311A reached as a result of negotiations, mediation or interest arbitration. Should a bargaining agreement not be finalized by December 1 of each fiscal year, employees represented by the bargaining unit negotiating said agreement shall receive compensation pursuant to the provisions of this Section until such time as an agreement takes effect. A final bargaining agreement shall be defined as an agreement between the State of Delaware and a certified bargaining unit which is not retroactive and in which the agreements completion is achieved through ratification by the respective bargaining unit, mediation or binding interest arbitration.

(i) Effective July 1, 2009, 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 17,082** 20,229 24,275

2 17,316 21,645 25,974

3 18,533 23,166 27,799

4 19,826 24,782 29,738

5 21,217 26,521 31,825

6 22,701 28,376 34,051

7 24,288 30,360 36,432

8 25,987 32,484 38,981

9 27,810 34,762 41,714

10 29,755 37,194 44,633

11 31,836 39,795 47,754

12 34,066 42,582 51,098

13 36,451 45,564 54,677

14 38,998 48,747 58,496

15 41,730 52,163 62,596

16 44,656 55,820 66,984

17 47,780 59,725 71,670

18 51,122 63,902 76,682

19 54,702 68,377 82,052

20 58,534 73,168 87,802

21 62,630 78,287 93,944

22 67,014 83,767 100,520

23 71,706 89,633 107,560

24 76,729 95,911 115,093

25 82,097 102,621 123,145

26 87,842 109,803 131,764

* - Annual Salary in Whole Dollars.

** - Minimu m 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 17,262 21,577 25,892

2 18,470 23,088 27,706

3 19,765 24,706 29,647

4 21,146 26,433 31,720

5 22,630 28,288 33,946

6 24,213 30,266 36,319

7 25,908 32,385 38,862

8 27,722 34,652 41,582

9 29,662 37,078 44,494

10 31,738 39,673 47,608

11 33,958 42,447 50,936

12 36,337 45,421 54,505

13 38,879 48,599 58,319

14 41,603 52,004 62,405

15 44,514 55,643 66,772

16 47,632 59,540 71,448

17 50,964 63,705 76,446

18 54,531 68,164 81,797

19 58,350 72,937 87,524

20 62,437 78,046 93,655

21 66,806 83,508 100,210

22 71,484 89,355 107,226

23 76,485 95,606 114,727

24 81,840 102,300 122,760

25 87,568 109,460 131,352

26 93,698 117,123 140,548

* - Annual Salary in Whole Dollars.

(ii) Merit Rule 4.13.3 notwithstanding, the standard work week for employees in the following classification series as approved by the Director of the Office of Management and Budget and the Controller General shall be 40 hours:

DEPARTMENT CLASS SERIES

Department of State Drug Control Administrator

Department of Correction Quality Improvement Program Administrator

Community Work Program Coordinator

Correctional Food Services Administrator

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 Drug Control and Enforcement Agent

Chief Drug Control and Enforcement Agent

Telecommunications Specialist Series (ERC)

Telecommunications Central Control Specialist

Series

Capitol Police Officer Series

Capitol Police Security Officer

Capitol Police Communications Dispatcher

Department of Transportation Toll Collector

Toll Plaza Manager

Toll Corporal

Toll Sergeant

TMC EPS Technician

TMC Planner IV

(iii) During the fiscal year ending June 30, 2010, the Director of the Office of Management and Budget and the Controller General may designate 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.

(iv) To the extent or where an employee is covered by an existing collective bargaining agreement pursuant to 19 Del. C. § 1311A, the provisions contained within said agreement pertaining to compensation shall apply.

(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 Director of the Office of Management and Budget.

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

(3) The Director of the Office of Management and Budget 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 that the Director of the Office of Management and Budget 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, 2009, 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 Director of the Office of Management and Budget and the Controller General shall establish criteria to allow for selective market variations to be effective January 1, 2010. An appointing authority may apply for selective market variation for January 1, 2010 for job classes or job families that are experiencing severe recruitment and retention issues. Funds must be available within the agency budget to fund the selective market variation until such time as the General Assembly appropriates the necessary 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, 2009, whose salary in effect as of June 30, 2009 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 Director of the Office of Management and Budget. If such an increase does not yield at least a five percent increase, the salary will be further adjusted to yield a total increase of five percent. This procedure applies only to employees newly approved for Selective Market variation on or after January 1, 2009.

(ii) The salary of employees in positions added to the Selective Market Variation Program before June 30, 2009, whose salary in effect as of June 30, 2009, 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 Director of the Office of Management and Budget. 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 shall have their selective market variation pay ranges reduced by 2.5% for Fiscal Year 2010 and salaries adjusted accordingly. All classes shall remain on Selective Market until the selective market ranges meet the merit pay plan ranges or until such time as the classes become covered by a collective bargaining agreement pursuant to the provisions of 19 Del. C. § 1311A.

(9) Effective July 1, 2009, the shift differential rates paid to registered nurses in accordance with the provisions of Merit Rule 4.15 shall reflect the salary scale in effect for the current fiscal year or that which is superseded by a collective bargaining agreement pursuant to the provisions of 19 Del. C. § 1311A.

(c) SALARIES FOR FISCAL YEAR 2010.

The amount appropriated by Section 1 of this Act for salaries provides increases for:

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

(i) Effective July 1, 2009, the salary of each employee shall be reduced by 2.5 percent;

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

(iii) The provisions of Subsection (c) of this Section shall apply to salaries of employees employed in accordance with 29 Del. C. § 5903(17) and 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 Specialists, 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 non-uniformed support staff within the Delaware State Police covered under the Communication Workers of America;

(iv) Delaware National Guard employees will be paid consistent with the federal salary plan;

(v) In Fiscal Year 2010, the Department of Natural Resources and Environmental Control Enforcement competency-based salary matrix amounts will be reduced by 2.5 percent. Salary matrix increases within pay grades will not continue and career ladder movement between pay grades will revert to the regular career ladder process for Fiscal Year 2010; and

(vi) In Fiscal Year 2010, the Office of the Attorney General and the Public Defender’s Office salary matrix amounts will be reduced by 2.5 percent. Salary matrix increases within the same pay grade is only permissible for internal competitive promotions or for an appointed division head for specific identified positions. Career ladder movements between pay grades will revert to the regular career ladder process.

(d) MAINTENANCE REVIEWS.

(1) Any such reclassifications/regrades that the Director of the Office of Management and Budget determines to be warranted as a result of the classification maintenance reviews regularly scheduled by the Office of Management and Budget shall be designated to become effective July 1, 2009, 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 determinations may be appealed to the Merit Employee Relations Board in accordance with 29 Del. C. § 5915. Pay grade determinations shall not be appealed.

(2) Any such title changes that the Director of the Office of Management and Budget determines to be warranted as a result of a consolidation review shall be implemented as they are completed with the concurrence of 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, 2010 or July 1, 2010 if the requested change is certified critical by the appointing authority and is approved by the Director of the Office of Management and Budget and the Controller General prior to the effective date. Critical reclassification requests and pay grade 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, 2010.

(g) STATE AGENCY TEACHERS AND ADMINISTRATORS.

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 a 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. In addition to the above calculation, teachers and administrators qualifying for professional development clusters in accordance with 14 Del. C. § 1305(l) shall receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in 14 Del. C. § 1305(b). This calculation shall not be increased for 11 or 12 month employment. The percentage shall only be applied to the base 10 month salary for 10, 11 and 12 month employees. In accordance with 14 Del. C. § 1305(p), the cluster percentage is capped at 15 percent. The provisions of this Subsection shall not apply to those Merit System employees who are covered by a collective bargaining agreement which has met all provisions of 19 Del. C. § 1311A.

(h) ADMINISTRATIVE REGULATIONS.

(1) The administrative regulations and procedures necessary to implement this Section shall be promulgated by the Director of the Office of Management and Budget and the Controller General.

(2) Consistent with Chapter 13 of the Merit Rules, all state agencies shall implement the performance review prescribed by the Office of Management and Budget after applicable training by the Office of Management and Budget. A performance review shall be completed for employees between January 1 and December 31, 2010.

(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 pay grade lower than or equal to their original pay grade 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. To the extent or where an employee is covered by a collective bargaining agreement pursuant to 19 Del. C. § 1311A, the terms and conditions in said agreement shall supersede this Subsection.

(j) OVERTIME.

(1) Merit Rule Chapter 4 notwithstanding:

(i) All overtime paid at time and half will not commence until an employee has actually worked 40 hours that week.

(ii) Hours worked includes only hours actually worked by the employee.

To the extent or where an employee is covered by a collective bargaining agreement pursuant to 19 Del. C. § 1311A, the terms and conditions in said agreement shall supersede this Subsection.

(1) Department of Transportation personnel responding to weather-related emergencies and 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 40 hours per 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 and 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.

(2) Office of Management and Budget, Facilities Management and Department of Health and Social Services, Management Services personnel who respond to weather-related emergencies and who are not covered under the Fair Labor Standards Act shall be entitled to receive compensation at their straight time rate of pay for all overtime services beyond 40 hours per week. The method of compensation is subject to the availability of funds and/or the operational needs of the respective department.

(3) Delaware Emergency Management Agency personnel responding to emergencies or working at the State Emergency Operations Center (EOC) during activation for weather, technological, or terrorist-related incidents, who are not covered by the Fair Labor Standards Act, shall be entitled to receive compensation at their normal rate of pay for all overtime services beyond 40 hours per week. This shall be in effect only when there is a Declared State of Emergency by the Governor, the State receives a presidential Disaster Declaration, and federal funds are made available to compensate for the overtime worked.

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

Merit Rule 4.16 notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for call back pay regardless of their classification. To the extent or where an employee is covered by a collective bargaining agreement pursuant to 19 Del. C. § 1311A, the terms and conditions in said agreement shall supersede this Subsection.

(l) STANDBY PAY - HIGHWAY EMERGENCY RESPONSE TEAM.

Merit Rule 4.17 notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for standby pay regardless of their classification. To the extent or where an employee is covered by a collective bargaining agreement pursuant to 19 Del. C. § 1311A, the terms and conditions in said agreement shall supersede this Subsection.

(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(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, 2010, shall be $26,276.”

Further amend 14 Del C. § 1305 by deleting sections (e), (f) and (g) and inserting in lieu thereof the following:

“Beginning in fiscal year 2010 and each succeeding fiscal year, salary derived from subsections (a) and (b) of this section for 10 months' employment shall mean a total of 186 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 4 days devoted solely to professional development."

(2) 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 14,824 16,309 17,116 17,562 18,302

1 15,367 16,852 17,617 18,066 18,812

2 15,908 17,351 18,119 18,571 19,324

3 16,452 17,851 18,621 19,074 19,833

4 16,960 18,350 19,123 19,578 20,404

5 17,441 18,851 19,625 20,107 20,980

6 17,920 19,350 20,156 20,677 21,558

7 18,399 19,847 20,724 21,245 22,133

8 18,880 20,407 21,289 21,815 22,712

9 19,360 20,971 21,856 22,383 23,287

10 19,839 21,534 22,420 22,954 23,864

11 20,377 22,097 22,986 23,523 24,440

12 20,918 22,660 23,553 24,090 25,018

13 21,460 23,225 24,120 24,661 25,594

14 22,002 23,788 24,684 25,231 26,169

15 22,544 24,353 25,251 25,798 26,749

16 23,085 24,914 25,817 26,366 27,325

17 23,629 25,479 26,384 26,936 27,901

18 24,169 26,042 26,950 27,504 28,478

19 24,711 26,607 27,515 28,076 29,055

20 25,252 27,169 28,081 28,645 29,630

21 25,806 27,746 28,659 29,226 30,220

22 26,375 28,335 29,251 29,819 30,823

23 26,957 28,937 29,855 30,426 31,438

24 27,552 29,551 30,473 31,045 32,067”

(3) 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

“Years of Custodian Custodian Custodian Maintenance Skilled

Exp. Custodian Firefighter 5 or Fewer 6 or More Mechanic Craftsperson

0 17,746 18,249 18,505 19,516 19,985 20,430

1 18,125 18,629 18,885 19,896 20,459 21,003

2 18,505 19,009 19,264 20,291 20,960 21,572

3 18,884 19,389 19,642 20,717 21,453 22,141

4 19,264 19,767 20,025 21,147 21,886 22,713

5 19,642 20,144 20,432 21,576 22,445 23,282

6 20,025 20,576 20,862 22,000 22,943 23,851

7 20,432 21,005 21,287 22,426 23,439 24,422

8 20,862 21,431 21,716 22,855 23,936 24,992

9 21,287 21,859 22,141 23,282 24,430 25,564

10 21,716 22,286 22,570 23,710 24,929 26,132

11 22,141 22,716 22,999 24,135 25,424 26,703

12 22,578 23,156 23,438 24,568 25,932 27,288

13 23,024 23,606 23,888 25,011 26,450 27,887

14 23,478 24,065 24,350 25,452 26,979 28,500

15 23,943 24,532 24,818 25,920 27,518 29,126”

(4) 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

“Years of

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

0 16,485 17,410 18,332 19,252 20,160 21,278 21,833

1 16,946 17,867 18,793 19,715 20,576 21,415 22,252

2 17,410 18,332 19,252 20,160 20,995 21,833 22,671

3 17,867 18,793 19,715 20,576 21,415 22,252 23,089

4 18,332 19,252 20,160 20,995 21,833 22,671 23,508

5 18,793 19,715 20,576 21,415 22,252 23,089 23,927

6 19,252 20,160 20,995 21,833 22,671 23,508 24,382

7 19,715 20,576 21,415 22,252 23,089 23,927 24,844

8 20,160 20,995 21,833 22,671 23,508 24,382 25,308

9 20,576 21,415 22,252 23,089 23,927 24,844 25,769

10 20,995 21,833 22,671 23,508 24,382 25,308 26,228

11 21,415 22,252 23,089 23,927 24,844 25,769 26,690

12 21,833 22,671 23,508 24,382 25,308 26,228 27,154

13 22,252 23,089 23,927 24,844 25,769 26,690 27,614

14 22,671 23,508 24,382 25,308 26,228 27,154 28,080

15 23,089 23,927 24,844 25,769 26,690 27,614 28,543

16 23,520 24,397 25,316 26,420 27,162 28,084 29,015

17 23,960 24,882 25,799 26,720 27,644 28,562 29,497

18 24,409 25,377 26,291 27,209 28,136 29,048 29,986

19 24,865 25,883 26,791 27,708 28,636 29,543 30,483”

(5) 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 10.35 11.15

1 10.48 11.27

2 10.64 11.40

3 10.73 11.50

4 10.84 11.63

5 11.01 11.81

6 11.14 11.90

7 11.24 11.98

8 11.32 12.08

9 11.42 12.21

10 11.52 12.35

11 11.72 12.47

12 11.84 12.61

13 11.95 12.73

14 12.08 12.83

15 12.21 12.98

16 12.36 13.13

17 12.49 13.23

18 12.64 13.32

19 12.79 13.43

20 12.93 13.52

21 13.07 13.63”

(6) 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 14,645 17,228

1 15,210 17,628

2 15,538 18,030

3 15,866 18,431

4 16,199 18,835

5 16,526 19,236

6 16,854 19,640

7 17,182 20,042

8 17,512 20,445

9 17,841 20,845

10 18,171 21,247

11 18,499 21,648

12 18,825 22,016

13 19,157 22,380

14 19,484 22,747

15 19,812 23,109

16 20,142 23,479

17 20,471 23,843

18 20,800 24,209

19 21,128 24,573

20 21,456 24,940

21 21,754 25,305

22 22,059 25,679

23 22,371 26,097

24 22,688 26,522

25 23,009 26,955”

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

(8) Effective July 1, 2006, the State shall pay 73.0 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 62.0 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.

(9) No provision in this Act shall be construed as affecting the eligibility of school lunch employees as an employee under 29 Del. C. § 5501.

(10) 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.

Section Salaries and wage rates for state employees who are not covered by the provisions of 14 Del. C. c. 13, 19 Del. C. § 1311A, 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 Director of the Office of Management and Budget 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, 2009, the Director of the Office of Management and Budget shall publish a list of exempt positions and the comparable Merit System class and/or pay grade 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 that authorizes the establishment of the exempt position(s). The Director of the Office of Management and Budget 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 pay grade 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 Director of the Office of Management and Budget and the Controller General. In order to permit the development of the comparability list, state agencies shall provide to the Director of the Office of Management and Budget 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 Director of the Office of Management and Budget shall not be withheld unreasonably. Those positions assigned on a list of comparability that are assigned a comparable class and/or pay grade in the Merit System shall be paid in accordance with Sections 8(b) and (c) of this Act and Merit System Rules 4.4.3, 4.5, 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, 2009 is below the minimum salary of the assigned pay grade 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, 2010, the salaries displayed below represent the salary effective on July 1, 2009.

General All Other

Budget Unit Line Item Funds Funds

(01-01-01) Representative $ 41,680

(01-02-01) Senator 41,680

(02-00-00) Judicial Secretaries 46,655

(02-00-00) Judicial Secretaries to Presiding Judges 48,800

(02-01-00) Chief Justice - Supreme Court 194,750

(02-01-00) Justice - Supreme Court 185,050

(02-01-00) Judicial Secretary to the Chief Justice 49,385

(02-01-00) Supreme Court Judicial Secretary 48,800

(02-02-00) Chancellor - Court of Chancery 185,750

(02-02-00) Vice Chancellor - Court of Chancery 174,950

(02-03-00) President Judge - Superior Court 183,650

(02-03-00) Associate Judge - Superior Court 168,850

(02-03-00) Commissioner - Superior Court 104,250

(02-03-00) New Castle County Prothonotary 63,910

(02-03-00) Kent County Prothonotary 57,085

(02-03-00) Sussex County Prothonotary 57,085

(02-06-00) Chief Judge - Court of Common Pleas 183,650

(02-06-00) Judge - Court of Common Pleas 168,850

(02-06-00) Commissioner - Court of Common Pleas 104,250

(02-08-00) Chief Judge - Family Court 183,650

(02-08-00) Associate Judge - Family Court 168,850

(02-08-00) Commissioner - Family Court 104,250

(02-13-00) Chief Magistrate – Justices of the Peace Courts 121,750

(02-13-00) Magistrate - Justices of the Peace Courts - 1st Term 70,750

(02-13-00) Magistrate - Justices of the Peace Courts - 2nd Term 73,250

General All Other

Budget Unit Line Item Funds Funds

(02-13-00) Magistrate - Justices of the Peace Courts - 3rd Term 75,550

(02-13-00) Judicial Secretary to the Chief Magistrate 46,655

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

Administrator 123,385

(02-17-00) Judicial Secretary to the State Court Administrator 48,800

(02-18-00) Public Guardian 67,030

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

Board 59,230

(02-18-00) Executive Director - Child Placement Review Board 60,985

(10-01-01) Governor 171,000

(10-02-00) Director - Office of Management and Budget 139,475

(10-02-08) Director - SAC 87,215

(10-02-50) Executive Secretary - Architectural Accessibility Board 49,190

(10-03-01) Director - Delaware Economic Development Office 120,755

(10-07-01) Executive Director - CJC 88,775

(10-07-01) Director - Domestic Violence Coordinating Council 66,055

(10-07-02) Executive Director - DELJIS 81,265

(10-08-01) Director - Delaware State Housing Authority 112,660

(11-00-00) Chief Information Officer 151,565

(12-01-01) Lieutenant Governor 74,345

(12-02-01) Auditor 102,715

(12-03-01) Insurance Commissioner 102,715

(12-05-01) State Treasurer 107,300

(15-01-01) Attorney General 137,425

(15-01-01) Chief Deputy Attorney General 120,950

(15-02-01) Public Defender 132,650

General All Other

Budget Unit Line Item Funds Funds

(15-02-01) Chief Deputy Public Defender 120,950

(15-03-01) Parole Board Chairman 74,930

(20-01-00) Secretary - State 120,755

(20-01-00) Executive Director - Public Employment Relations

Board 85,315

(20-02-00) Director - Human Relations 70,345

(20-03-00) Director - Division of Archives 76,295

(20-04-00) Public Advocate 80,780

(20-04-00) Director - Public Service Commission 90,920

(20-04-00) Director - Professional Regulation 92,480

(20-05-00) Director - Corporations 107,980

(20-06-00) Director - Historical and Cultural Affairs 88,970

(20-07-00) Director - Arts 77,075

(20-08-00) State Librarian 79,315

(20-15-00) State Banking Commissioner 105,445

(25-01-00) Secretary - Finance 139,475

(25-05-00) Director - Accounting 101,255

(25-06-00) Director - Revenue 117,925

(25-07-00) Director - State Lottery 99,695

(35-01-00) Secretary - Health and Social Services 139,475

(35-01-00) Director - Management Services 97,800 10,865

(35-02-00) Director - Medicaid and Medical Assistance 54,430 54,430

(35-04-00) Chief Medical Examiner 187,885

(35-05-00) Director - Public Health 160,875

(35-06-00) Director - Substance Abuse and Mental Health 136,015

(35-07-00) Director - Division of Social Services 54,430 54,430

(35-08-00) Director - Visually Impaired 83,605

General All Other

Budget Unit Line Item Funds Funds

(35-09-00) Director - Long-term Care Residents Protection 87,700

(35-10-00) Director - Child Support Enforcement 28,910 58,695

(35-11-00) Director - Developmental Disabilities Services 108,760

(35-12-00) Director - State Service Centers 87,700

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

with Physical Disabilities 87,700

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

Youth and Their Families 125,630

(37-01-00) Director - Management Services 99,110

(37-04-00) Director - Child Mental Health Services 99,110

(37-05-00) Director - Youth Rehabilitative Services 99,110

(37-06-00) Director - Family Services 99,110

(38-01-00) Commissioner - Correction 139,475

(38-01-00) Bureau Chief - Management Services 97,060

(38-04-00) Bureau Chief - Prisons 108,760

(38-06-00) Bureau Chief - Community Corrections 103,690

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

Environmental Control 120,755

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

and Environmental Control 101,350

(40-05-00) Director - Fish and Wildlife 46,630 46,630

(40-06-00) Director - Parks and Recreation 93,940

(40-07-00) Director - Soil and Water Conservation 93,260

(40-08-00) Director - Water Resources 93,260

(40-09-00) Director - Air and Waste Management 95,890

(40-09-00) Director - Boiler Safety 61,180

General All Other

Budget Unit Line Item Funds Funds

(45-01-00) Secretary - Safety and Homeland Security 125,630

(45-01-00) Director - Del. Emergency Management Agency 39,025 39,025

(45-03-00) Commissioner - Alcoholic Beverage Control 108,470

(45-04-00) Director - Alcohol and Tobacco Enforcement 76,930

(45-06-00) Superintendent - State Police 147,745

(45-06-00) Assistant Superintendent - State Police 120,605

(55-01-01) Secretary - Transportation 130,600

(55-01-02) Director - Finance 109,835

(55-02-01) Director - Technology and Support Services 110,320

(55-03-01) Director - Planning 110,320

(55-04-01) Director - Maintenance and Operations 110,320

(55-06-01) Director - Delaware Transit Corporation 110,320

(55-08-30) Chief Engineer 116,075

(55-11-10) Director - Motor Vehicles 110,320

(60-01-00) Secretary - Labor 11,265 101,395

(60-06-00) Director - Unemployment Insurance 93,355

(60-07-00) Director - Industrial Affairs 90,920

(60-08-00) Director - Vocational Rehabilitation 90,920

(60-09-00) Director - Employment and Training 90,920

(65-01-00) Secretary - Agriculture 112,660

(65-01-00) Deputy Secretary - Agriculture 81,560

(70-01-01) Commissioner - Elections 76,780

(70-02-01) Administrative Director - New Castle County Elections 72,685

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

County Elections 71,225

(70-03-01) Administrative Director - Kent County Elections 72,685

General All Other

Budget Unit Line Item Funds Funds

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

Elections 71,225

(70-04-01) Administrative Director - Sussex County Elections 72,685

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

Elections 71,225

(75-01-01) State Fire Marshal 54,865 25,820

(75-02-01) Director - State Fire School 80,680

(76-01-01) Adjutant General 115,295

(95-01-00) Secretary of Education 151,565

(95-01-00) Deputy Secretary of Education 124,070

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

and Technical Education 92,770

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

(ii) If a position in Section 10(a) becomes vacant during the fiscal year, the appointing authority shall submit a request with appropriate justification to the Director of the Office of Management and Budget 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 Director of the Office of Management and Budget shall provide an analysis of the request and shall solicit the advice and written consent of 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 pay grade 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 pay grade 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 Director of the Office of Management and Budget. In reviewing requests made pursuant to this paragraph, the Director of the Office of Management and Budget shall provide an analysis of the request, and shall solicit the advice and written consent of 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 Director of the Office of Management and Budget. In reviewing requests made pursuant to this paragraph, the Director of the Office of Management and Budget shall provide an analysis of the request, and shall solicit the advice and written consent of, the Controller General.

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

(v) An agency may request a dual incumbency for a division director or equivalent position in Section 10(a), provided that the Director of the Office of Management and Budget 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 Management and Budget. The Director of the Office Management and Budget shall review this request and seek the advice and written consent of 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 for the Superintendent and Assistant Superintendent of the State Police shall remain as listed in Section 10 of this Act during the fiscal year. Upon vacancy of the Superintendent or Assistant Superintendent, the salary in Section 10 shall be calculated in accordance with 11 Del. C. § 8303. No changes shall be made to the salaries of any incumbent Superintendent or Assistant Superintendent of the State Police during the fiscal year; and necessary adjustments shall be made through the normal budgetary process.

(c) Effective May 1, 2010, the Office of Management and Budget 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 Hay points applicable for Fiscal Year 2010 and the number of Hay points of any recommended changes for any position for Fiscal Year 2011.

(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 Director of the Office of Management and Budget and the Controller General to accommodate changes in statutory requirements.

July 1, 2009

General All Other

Budget Unit Line Item Funds Funds

(10-02-32) Board Members - Pensions 15.0

(10-02-50) Board Members - Architectural Accessibility Board 2.3

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

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

(20-01-00) Board Members - Public Employment Relations Board 7.4

(20-01-00) Board Members - Merit Employee Relations Board 20.0

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

(20-04-00) Board Members - Professional Regulation 71.5

(20-04-00) Board Members - Public Service Commission 155.0

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

(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 230.0

(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

Section Merit Rule 4.13.7 notwithstanding, merit compensatory time will not be forfeited if not used within 180 calendar days of accrual.

Section With the exception of the custodial work associated with Legislative Hall and the Governor's Office, the Office of Management and Budget may not hire any permanent, full-time custodial employees in any fiscal year without the concurrence of the Controller General.

Section Chapters 4.0 and 5.0 of the Merit Rules notwithstanding, the Director of the Office of Management and Budget 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 are designed to achieve a net reduction in costs to the State. Such projects may include elimination of preemployment testing for certain classifications, eliminating the cap on vacation carryover, 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 Director of the Office of Management and Budget and the Controller General of their effectiveness at the end of each period. To the extent or where employees participating in pilot projects pursuant to this section are covered by a collective bargaining agreement pursuant to 19 Del. C. § 1311A, any such pilot project shall not include employee incentives or compensation contrary to that provided in the negotiated collective bargaining agreement.

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 Director of the Office of Management and Budget and the Controller General a signed copy of its approved district budget.

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 Management and 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 Management and 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 Director of the Office of Management and Budget and the 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 Director of the Office of Management and Budget, 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 Management and 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 Notwithstanding Merit Rules 4.4.2 and 4.4.3, an agency that requests approval of a starting rate higher than 85 percent of the midpoint, or that requests that incumbents be leveled up to a newly-hired employee, shall provide documentation showing 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 the existing employees, and shall indicate if sufficient funds exist within the agency’s base budget to fund such a leveling-up action. Notwithstanding any provisions of this Act or the Delaware Code to the contrary, no provision of Chapter 4.0 of the Merit Rules shall be considered compensation for the purposes of collective bargaining and leveling up can only occur with the concurrence of the Director of the Office of Management and Budget and the Controller General. The Director of the Office of Management and Budget and Controller General, with the concurrence of the co-chairs of the Joint Finance Committee shall promulgate policies and procedures to implement this section.

Section The State Employee Benefits Committee shall have the authority to transfer Medicare Part D Retiree Drug subsidy from the Employees’ Health Insurance Fund to the other Post Employment Benefits Fund to provide a source for future payment of retiree health benefits.

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 Director of the Office of Management and Budget and the Controller General, 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 Office of Management and Budget.

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 Notwithstanding the provisions of any other law, any non-state organizations identified in 29 Del. C. § 5209 and not participating in the State Group Health Insurance Program as of June 30, 2009, shall be prohibited from participation for the fiscal year ending June 30, 2010.

Section Notwithstanding any provision in the Delaware Code to the contrary, for the purposes of developing and implementing the Enterprise Resource Planning (ERP) Financial Reengineering Project’s PeopleSoft Financials application, necessary adjustments to existing state accounting, budgeting and financial reporting processes and practices may be implemented during Fiscal Year 2010 with the written approval of the Director of the Office of Management and Budget, Controller General, Secretary of Finance and Chief Information Officer.

Section The responsibilities and authorities established by 75 Del. Laws c. 243 shall remain in effect through Fiscal Year 2010 or until a bill codifying energy procurement is signed into law. The following provisions shall apply:

(a) The Director of the Office of Management and Budget shall provide the Controller General with a detailed description of any significant change in energy procurement strategy and procedures previously approved by the Controller General. The detailed description shall be provided to the Controller General at least two weeks prior to the execution of an energy supply contract that incorporate the changes.

(b) The Director of the Office of Management and Budget shall have the authority to enter into wholesale or retail supply contracts for natural gas and other types of fuel and energy in accordance with the responsibilities and authorities established for the purchase of electricity as per 75 Del. Laws, c. 243.

(c) Aggregation partner, as defined in 75 Del. Laws, c. 243 shall also be construed to mean public libraries, corporations and authorities established by the General Assembly including, but not limited to the Delaware Riverfront Development Corporation, Delaware River and Bay Authority and Diamond State Port Corporation upon approval of the Director of the Office of Management and Budget and the Controller General.

(d) The provisions of 75 Del. Laws, c. 243, Section (b) shall be construed to include electricity, gas and other sources of fuel and energy procured on both retail and wholesale energy markets.

Section This Act appropriates funding for various programs and projects that are passed through to non-state agencies. Agencies receiving pass through funding shall be required to provide a detailed program description and budget expenditure report for which state funds are intended to be used in fiscal year 2009 to the Office of Management and Budget and the Office of the Controller General by September 30, 2008. These agencies shall also identify all other funding received from the State which could include but not be limited to; grants-in-aid, state agency contract funding and tobacco settlement funds.

Section Notwithstanding the provisions of the Administrative Procedures Act, 29 Del. C. c. 101 or any other laws to the contrary, the State Employee Benefits Committee is authorized to amend the rules for Employees Eligible to Participate in the State Group Health Insurance Program by approving such amendments and causing the amendments to be published in the Register of Regulations with such amendments to be effective as of the date of such publication unless otherwise specified by the State Employee Benefits Committee.

Section The Office of Management and Budget, with the concurrence of the Controller General and co-chairs of the Joint Finance Committee, is authorized to continue the pilot web-based procurement program in the Department of Health and Social Services; Department of Natural Resources and Environmental Control, Parks and Recreation; Department of Technology and Information; and Department of Safety and Homeland Security, Delaware Emergency Management Agency and expand such program in up to four additional state agencies during Fiscal Year 2010. To ensure efficiencies in statewide procurement activities, the pilot programs shall include, but not be limited to, placing legal notices in statewide publications of record directing interested bidders to the pilot agencies’ websites for detailed information on procurement opportunities. For purposes of this pilot program, said publication of legal notices shall fulfill the advertising requirement of 29 Del. C. c. 69. Agencies participating in the pilot program shall report on the outcomes of this initiative to the co-chairs of JFC, Controller General, and Director of Office of Management and Budget by May 15, 2010.

Section Notwithstanding the provisions of 24 Del. C. § 1702(9)e, the rendering by a physician located outside the State of a written or otherwise documented medical opinion to a person covered by the State Group Health Insurance Program pursuant to any second opinion or diagnosis evaluation program offered by the State Group Health Insurance Program shall not constitute the practice of medicine.

Section All agency heads shall assure that state employees, where feasible, make use of the videophones available for meetings in lieu of the use of state-owned vehicles.

Section (a) For the fiscal year ending June 30, 2009, any sums in the following accounts shall remain as continuing appropriations and shall not be subject to a reversion until June 30, 2010. Any appropriation listed below that has a balance of zero on June 30, 2009 shall not continue:

Fiscal Year Account

Appropriation Codes Remarks

2009 01-01-01-0140 Travel

2009 01-01-01-0141 Leg-Mileage

2009 01-01-01-0150 Contractual

2009 01-01-01-0160 Supplies

2008 01-01-01-0170 Capital

2009 01-01-01-0181 Committee Expenses

20007/08/09 01-02-01-0140 Travel

2008/09 01-02-01-0141 Leg-Mileage

2008/09 01-02-01-0150 Contractual

2008/09 01-02-01-0160 Supplies

2008/09 01-02-01-0170 Capital

2008/09 01-02-01-0181 Committee Expenses

2008 01-02-01-0182 Ad Substance Abuse

2008/09 01-05-01-0141 Leg Travel

2008/09 01-05-01-0150 Contractual

2008/09 01-05-01-0151 State Governments

2009 01-05-01-0160 Supplies

2006/07/08/09 01-08-01-0151 Print Laws

2009 01-08-01-0170 Capital

2009 01-08-02-0140 Travel

2007/08/09 01-08-02-0150 Contractual

2008/09 01-08-02-0160 Supplies

2009 01-08-02-0170 Capital

2007/08/09 01-08-02-0181 Contingency – Legislative

2008/09 01-08-02-0182 Family Law Commission

2000/09 01-08-02-0186 Juvenile Detention Oversight Committee

2009 01-08-02-0190 Neighborhood Schools

2008/09 01-08-02-0191 Clean Air

2008/09 01-08-02-0193 JFC/CIP Contingency

2008/09 01-08-02-0197 Contingency – Intern

2009 01-08-02-0200 Alternate Energy

2007 01-08-02-0198 One Time Revolutionary War Monument

2006 01-08-02-0200 TriCent Committee

2009 01-08-02-0201 Security

2006 01-08-02-0879 BioTech Engineer

2006 01-08-02-0891 Legislative Hall Improvements

2002 01-08-02-0985 Senior Center Projects

2008 01-08-02-0988 JFC CIP Contract

2006 01-08-02-0989 Senior Center Fund

2009 01-08-03-0150 Contractual

2009 01-08-06-0140 Travel

2009 01-08-06-0150 Contractual

2008 02-01-10-0180 Court on the Judiciary

2009 02-03-10-0180 Jury Expenses

2009 02-17-01-0180 Retired Judges

2009 02-17-01-0184 Conflict Attorneys

2009 02-17-01-0185 CASA Attorneys

2009 02-17-01-0186 Civil Attorneys

2009 02-17-01-0188 Court Appointed Attorneys

2009 02-17-01-0189 Interpreters

2007/08/09 02-17-01-0190 New Castle County Courthouse

2004 02-17-01-0192 COTS Support

2008 02-17-01-0197 Data Development

2009 02-17-04-0182 COTS Maintenance

2009 02-18-03-0180 Ivy Davis

2009 10-02-05-0202 Evaluation Project

2009 10-02-06-0196 Contingency Fund

2007 10-02-08-0286 Race and Incarceration

2008/09 10-02-10-0185 Data Development

2009 10-02-11-0185 Legal Fees

2009 10-02-11-0189 Salary/OEC

2009 10-02-11-0218 Judicial Nominating Committee

2008 10-02-11-0198 One Time

2008 10-02-20-0198 One Time

2007 10-02-20-0274 Recruit and Retention

2009 10-02-31-0150 Contractual

2009 10-02-31-0183 Self Insurance

2008 10-02-50-0190 NCCCH DOC Lot

2009 10-05-01-0181 Education

2006 10-05-01-0185 Universal Health Insurance Study

2009 10-05-02-0180 Operations

2008/09 10-05-03-0180 Operations

2009 10-07-0201-0297 Local Law Enforcement Education Fund

2007 20-03-01-0198 One Time

2007 20-06-04-0181 Museum Conservation Fund

2009 20-07-01-0182 Delaware Art

2009 20-08-01-0180 Library Standards

2008/09 20-08-01-0186 DelNET - Statewide

2008 25-06-01-0199 First Quality

2009 35-01-20-0198 One Time

2008 35-02-01-0190 SBHC Audit

2009 35-02-01-0193 Family Planning Audit

2009 35-05-20-0182 Immunization

2009 35-05-20-0183 Hepatitis B

2009 35-05-30-0977 Paramedic

2008/09 35-06-10-0187 Clinical Care

2009 35-06-20-0181 Group Homes

2009 35-06-30-0182 DPC Contingency

2009 35-07-01-0185 Child Care

2006/07 35-10-01-0197 Data Development

2009 35-11-30-0180 Community Services

2009 35-11-30-0181 Purchase of Care

2006 37-01-20-0180 CAP Phase 2

2009 37-01-50-0181 MIS Development

2007 37-05-10-0151 Transitional Living

2009 37-06-40-0187 Child Welfare

2006/08 38-01-01-0184 Sustainability Contingency

2009 38-01-10-0186 Warehouse

2008/09 38-01-10-0199 MIS

2008/09 38-01-30-0180 Medical Services

2008 38-01-30-0183 Maintenance and Restoration

2009 38-01-30-0184 Maintenance and Restoration

2008 38-01-30-0197 Data Development

2009 38-01-31-0180 Drug Treatment

2008 38-01-40-0200 Maintenance and Restoration

2008 38-06-02-0198 One Time

2008 40-01-01-0195 First Quality

1986 45-01-01-0381 Hazardous Waste Revolving Fund

2009 45-01-30-0201 Emergency Management Fund

2009 45-06-01-0201 DSP Recruitment

2005 60-01-10-0197 First Quality

2009 60-09-20-0188 Skill Grant

2007/08 70-01-01-0184 HAVA Repayment

2009 70-02-01-0201 Technology Development

2009 95-01-01-0131 Parents as Teachers

2008/09 95-01-01-0200 Standards and Assessment

2008/09 95-01-01-0202 DSTP

2008/09 95-01-01-0203 Pupil Accounting

2009 95-01-01-0210 DE Science Coalition

2009 95-01-01-0229 Infrastructure Capacity

2009 95-01-01-0230 Educator Accountability

2007/09 95-02-02-0204 School Improvement

2007/08/09 95-03-10-0191 Professional Development

2009 95-03-20-0181 Unique Alternatives

2009 95-03-20-0190 Prison Education

2008 95-03-20-0198 One Time

2008 95-04-01-0190 Pupil Transportation

2008/09 95-07-01-0180 Operations

2009 95-08-01-0183 Scholarships

2008/09 95-08-01-0185 Ferguson DSTP Scholarship

2007 95-08-01-0188 Physician Loan

2008 95-08-01-0189 Legislative Essay

(b) Funds appropriated for the following programs shall be appropriated on a 15 month basis and not be subject to reversion until September 30, 2010: LEP (appropriation 0233), Professional and Curriculum Development (appropriation 0205), and Student Success Block Grant (appropriation 0234). Program expenses may not be incurred subsequent to the start of the regular 2010-2011 school year. For the fiscal year ending June 30, 2009, the Student Success Block Grant (appropriation 0234) shall be appropriated on a 15 month basis not subject to reversion until September 30, 2009.

(c) For the fiscal year ending June 30, 2009, any sums in Fiscal Year 2009 appropriation 0213 (Charter School Operations) for Public Education, shall remain as continuing and not be subject to reversion until June 30, 2010.

(d) For the fiscal year ending June 30, 2009, any sums for Fiscal Year 2009 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), and Innovative After School Initiative (appropriation 0245) shall become a continuing appropriation in each local school district for the period of one fiscal year.

(e) For the fiscal year ending June 30, 2009, any fiscal year 2007, 2008 or 2009 School Improvement Funds (appropriation 0244) 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) 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.

(h) 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 Director of the Office of Management and Budget and Controller General for approval.

(i) For the fiscal year ending June 30, 2009, any authorizations in the following accounts shall remain as continuing appropriations and shall not be subject to deauthorization until June 30, 2010.

Fiscal Year Account

Appropriation Codes Remarks

2009 55-01-01-6800 Operations/Capital

2009 55-01-01-6805 Salary Contingency

2009 55-01-01-6815 Personnel Costs

2009 55-01-02-6800 Operations/Capital

2003 55-01-02-6809 Prior Year Operations

2009 55-01-02-6815 Personnel Costs

2009 55-01-03-6800 Operations/Capital

2009 55-01-03-6815 Personnel Costs

2009 55-01-04-6801 Travel

2009 55-01-04-6802 Contractual/Supplies

2009 55-01-04-6815 Personnel Costs

2009 55-02-01-6801 Travel

2009 55-02-01-6802 Contractual/Supplies

2009 55-02-01-6803 Energy

2009 55-02-01-6804 Capital Outlay

2009 55-02-01-6815 Personnel Costs

2009 55-03-01-6800 Operations/Capital

2009 55-03-01-6815 Personnel Costs

2009 55-04-01-6800 Operations/Capital

2009 55-04-01-6815 Personnel Costs

2009 55-04-70-6802 Contractual/Supplies

2009 55-04-70-6803 Energy

2009 55-04-70-6804 Capital Outlay

2009 55-04-70-6805 Storm Contingency

2009 55-04-70-6815 Personnel Costs

2009 55-04-90-6801 Travel

2009 55-04-90-6802 Contractual/Supplies

2009 55-04-90-6803 Energy

2009 55-04-90-6804 Capital Outlay

2009 55-04-90-6805 E-ZPass Operations

2009 55-04-90-6815 Personnel Costs

2009 55-06-01-8572 Transit Operations

2009 55-06-01-8581 Newark Transportation

2009 55-06-01-8583 Kent and Sussex

2009 55-06-01-8589 Taxi Service

2009 55-08-10-6815 Personnel Costs

2009 55-08-20-6815 Personnel Costs

2009 55-08-30-6801 Travel

2009 55-08-30-6802 Contractual/Supplies

2009 55-08-30-6803 Energy

2009 55-08-30-6804 Capital Outlay

2009 55-08-30-6815 Personnel Costs

2009 55-08-40-6802 Contractual/Supplies

2009 55-08-40-6803 Energy

2009 55-08-40-6804 Capital Outlay

2009 55-08-40-6815 Personnel Costs

2009 55-11-10-6801 Travel

2009 55-11-10-6804 Capital Outlay

2009 55-11-10-6807 Contractual Services

2009 55-11-10-6808 Supplies and Materials

2009 55-11-10-6815 Personnel Costs

2009 55-11-10-6820 Motorcycle Safety

2009 55-11-20-6804 Capital Outlay

2009 55-11-20-6807 Contractual Services

2009 55-11-20-6808 Supplies and Materials

2009 55-11-20-6815 Personnel Costs

2009 55-11-20-6822 CDL Fees

2009 55-11-30-6801 Travel

2009 55-11-30-6804 Capital Outlay

2009 55-11-30-6807 Contractual Services

2009 55-11-30-6808 Supplies and Materials

2009 55-11-30-6815 Personnel Costs

2009 55-11-30-6823 Odometer Forms

2009 55-11-30-6824 Special License Plates

2009 55-11-30-6825 DMVT

2009 55-11-50-6801 Travel

2009 55-11-50-6804 Capital Outlay

2009 55-11-50-6807 Contractual Services

2009 55-11-50-6808 Supplies and Materials

2009 55-11-50-6815 Personnel Costs

TOBACCO – MASTER SETTLEMENT AGREEMENT

Section (a) Section 1 of this Act includes Appropriated Special Funds of $45,642.3 from funds received as a result of the Master Settlement Agreement on tobacco funds. These funds are allocated as follows:

(10-02-11) Office of Management and Budget – Contingencies and One-Time Items

$3,247.3 2 Year Nursing Expansion

$ 500.0 4 Year Nursing Expansion

(10-02-30) Office of Management and Budget – Statewide Benefits

$ 98.5 Blood Bank Membership Dues

(15-01-01) Attorney General

$ 204.6 2.0 ASF FTEs - legal matters relating to tobacco laws and regulations

(35-01-10) Health and Social Services – Office of the Secretary – Health Care Commission

$1,250.0 Uninsured Action Plan

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

$ 9.0 Casual and Seasonal assistance

(35-02-01) Health and Social Services - Medicaid and Medical Assistance

$4,420.0 Delaware Prescription Assistance Program

$3,054.8 Medical Assistance Transition (MAT) Program

$ 650.0 Increase Medicaid eligibility for pregnant women/infants to 200 percent of poverty

$ 698.8 Medicaid for Workers with Disabilities

$ 499.5 Money Follows the Person

$ 635.1 Delaware Healthy Children Program

$ 1,570.0 Legal Non-Citizen Health Care

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

$ 500.0 Diabetes

$2,189.8 New Nurse Development Program at Delaware Technical and Community College

$ 127.7 Delaware State University Nursing Program

$ 653.7 Personnel Costs associated with Tobacco Control Programs

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

$3,374.2 Tobacco prevention through Community Based organizations

$ 322.1 E-Resources Program - Delaware Academy of Medicine

$ 193.2 Kent County/Sussex County Consumer Health Services - Delaware Academy of Medicine

$ 307.0 Wesley College Nursing Program

$ 122.3 Polytech Adult Education Nursing Program

$ 125.2 Delaware Hospice

$ 115.3 Planned Parenthood of Delaware

$ 100.2 St. Francis Hospital

$ 75.0 Hepatitis B Vaccine

$ 52.4 American Lung Association - Asthma Project

$ 201.3 Child and Families First - Resource Mothers Program

$ 37.6 Kelly Heinz - Grundner Brain Tumor Foundation - Awareness Program

$ 24.2 Neonatal Intensive Care Unit Family Support Project - March of Dimes

$ 20.1 AIDS Delaware

Also appropriated in this Act is $15,714.4 for Cancer Council Recommendations, of this amount, funding is included for the following agencies:

$ 80.5 Delaware Breast Cancer Coalition

$ 600.0 Breast and Cervical Cancer Treatment (35-02-01)

$ 120.8 Cancer Care Connection

$ 161.0 The Wellness Community

$ 238.2 Delaware Helpline

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

$ 250.0 Public Access Defibrillation initiative

(35-06-40) Health and Social Services - Substance Abuse and Mental Health

$ 60.3 Limen House

$ 177.1 Transitional housing for persons completing detoxification

$ 550.0 Heroin Residential Program

$ 38.3 University of Delaware - Delaware School Survey

$ 142.2 Brandywine Counseling

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

$1,240.4 SSI Supplement

(35-11-30) Health and Social Service - Community Services

$ 70.0 Family Support Services

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

$ 760.0 Attendant Care

$ 178.1 Caregiver Support

$ 90.3 Money Follows the Person

$ 43.2 Easter Seals - Respite Care Services

(37-01-60) Services for Children, Youth and Their Families - Prevention/ Early Intervention

$ 110.0 Tobacco Prevention Programs for Youth

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

$ 524.0 Enhanced Enforcement and 3.0 FTE Agents and 1.0 FTE Clerical

(95-01-01) Public Education - Department of Education

$ 77.0 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.

(b) For Fiscal Year 20 10 , effective June 25, 20 10 , all remaining unallocated funds for Fiscal Year 20 10 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 20 10 only.

Section Section 1 of this Act makes an ASF appropriation to the Department of Health and Social Services, Division of Medicaid and Medical Assistance (35-02-00) 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 Committee is directed to submit their proposed recommendations each fiscal year to the Office of Management and 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 Committee will present their proposed recommendations before the Joint Finance Committee in a public budget hearing.

STATE FISCAL STABILIZATION FUND

Section Title XIV of the American Recovery and Reinvestment Act (ARRA) of 2009 enacted by the federal government creates a State Fiscal Stabilization Fund that authorizes and appropriates a total of $53.6 billion in fiscal relief grants for states. Of this appropriation, Delaware will receive $134.8 million which can be utilized over two fiscal years, of which $110.3 million must be used for public and higher education while $24.5 million can be used for general government services.

During fiscal year 2010, Delaware will utilize these funds to provide support to programs previously funded with general fund moneys. The Government Services allocation shall be utilized for the Elder Tax Relief and Education Expense Fund program and Medicaid expenses.

The Education Stabilization allocation shall be utilized over two fiscal years and will ensure that school districts, charter schools and public institutes of higher education receive the same level of resources in fiscal years 2010 and 2011 as in fiscal year 2009.

In public education, state funding for the Reading Resource Teacher program, the Math Specialist program, the Student Success Block Grant, Education Expense and Tax Relief funds, the Limited English Proficient program, the Technology Block Grant and the Academic Excellence Unit Allotment have been eliminated. In Fiscal Year 2010, school districts and charter schools will receive an allocation of State Fiscal Stabilization Funds (SFSF) that is equivalent to the resources received in Fiscal Year 2009 for the eliminated programs. Each school district and charter school has the ability to use their SFSF allocation as they deem appropriate within the federal guidelines however, districts are strongly encouraged to utilize these resources to preserve jobs and advance educational reforms such as increasing teacher effectiveness and providing targeted, intensive support and interventions for struggling schools. School districts and charter schools must submit an application in order to receive the SFSF allocation in accordance with the federal guidance on the State Fiscal Stabilization Funds. The Delaware Department of Education and Office of Management and Budget will issue guidance on the submission of this application by July 15, 2010.

Institutes of higher education will also receive a SFSF allocation that is equivalent to the reduction of general fund support detailed in this act and are encouraged to utilize these resources to mitigate the need for increases in tuition and fees paid by in-state students.

Additionally, all funds allocated through the State Fiscal Stabilization Fund program are subject to the transparency and reporting requirements of the ARRA. School Districts, Charter Schools and Institutes of Higher Education must ensure that they are spending and reporting these funds in accordance with the required provisions.

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 2 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).

JUDICIAL

Section Notwithstanding the provisions of 10 Del. C. §9204, for the purpose of creating cost and operational efficiencies, the Justice of the Peace Court is authorized to consolidate Justice of the Peace Courts 11, 15, the Administrative Office, and Constable Central in New Castle County with written approval from the Director of the Office of Management and Budget and the Controller General. The City of Wilmington Justice of the Peace Court 20 shall be exempt from this section.

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 it will collect in an amount sufficient to cover the personnel and operating costs of three Judicial Case Processors and one Controller. Adjustments to the Appropriated Special Fund spending authority for these courts may be made upon the concurrence and approval of the Director of the Office of Management and Budget and the Controller General.

Section The positions of Master in Chancery/Chief Staff Attorney (BP#s 56683 and 100226), as well as any additional Master in Chancery/Chief Staff Attorney position(s) that may be established in the future for the Court of Chancery (02-02-10), shall receive the same salary as Commissioner in the Superior Court.

Section (a) Notwithstanding any other provisions of the Delaware Code to the contrary, $655.0 shall be transferred from the Victims Compensation Fund for the following purposes: $230.2 ASF shall be transferred to Contractual Services in the Office of the Attorney General (15-01-01) to fund family violence services in Kent and Sussex counties; $273.8 ASF Victims Rights in the Office of the Attorney General; and $151.0 ASF 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) It is the intent of the General Assembly and the Administration that the funds identified in subsection (a) shall be established in the base budget appropriations within the respective departments in the Fiscal Year 2011 budget.

Section Section 1 of this Act appropriates $56.4 in Contractual Services to Justices of the Peace Courts (02-13-10) to support lease obligations associated with the Justice of the Peace Court 1 facility located in the Town of Frankford.

Section Upon the approval of a plan submitted to the Director of the Office of Management and Budget, 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 Section 1 of this Act appropriates $233.7 to the Office of Management and Budget, Contingencies and One-Time Items (10-02-11) for the purpose of providing civil legal services to the indigent. Upon the concurrence and approval of the Director of the Office of Management and Budget and the Controller General, this amount shall be used by the Administrative Office of the Courts, Office of the State Court Administrator (02-17-01) exclusively for civil legal services to the indigent with the guidance of the Delaware Bar Foundation.

Section The Administrative Office of the Courts (AOC) shall coordinate with the Department of Technology and Information to develop electronic document systems projects for the Courts, subject to review and approval by the Technology Investment Council (TIC); provided however, that such review and approval by the TIC shall not apply to existing licensing agreements, contracts or projects related to electronic document systems entered into or approved by the AOC on or prior to June 30, 2006.   Notwithstanding 29 Del. C. c. 69, or any other law to the contrary, the AOC is authorized to enter into licensing agreements or other contracts with private companies on behalf of the Courts for electronic document systems. Such systems shall include filing and publication of judicial opinions and related docket files, electronic tracking and researching services, as well as internet access for video transmission of court proceedings, video conferencing and related technological services.  Fees derived from such contracts or licensing agreements shall be applied by the respective Courts to offset expenses related to e-filing, video conferencing, video streaming, technological improvements, and related court and courtroom improvements.

Section Section 1 of this Act provides an appropriation to the Child Death, Near Death and Stillbirth Commission (02-18-06) for the Fetal Infant Mortality Review. Included in this appropriation are funds for 3.0 FTEs and associated operating costs.

Section Section 1 of this Act makes an appropriation to the Administrative Office of the Courts, Non-Judicial Services, Delaware Nursing Home Residents Quality Assurance Commission (02-18-07) to fund an Administrative Specialist III. This position shall provide clerical support for the Commission. The position shall be hired by and report to the Commission.

Section Section 1 of this Act includes appropriations to the Office of the State Court Administrator (02-17-01) for Conflict Attorneys, Court Appointed Special Advocate (CASA) Attorneys, Family Court Attorneys, and Court Appointed Attorneys. Upon approval by the Director of the Office of Management and Budget and the Controller General, the Chief Justice may use said appropriations, as well as any carryover funding in said appropriations, to address recruitment and retention of contract attorneys under these programs. The Chief Justice may decide upon, but is not limited to, the following options: implement new contract rates, including setting regional or market-based contract rate structures; increase the number of contracts; or split full-time contracts into part-time contracts. The Chief Justice may implement any combination of these or other reasonable options in an effort to maximize the recruitment and retention of qualified attorneys to serve these programs.

EXECUTIVE

Section (a) For Fiscal Year 2010, the following technology development projects are eligible to receive an allocation from 2006 10-02-05-0814 to be used 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

Technology and Information

Data Center and Operations Biggs Mainframe Upgrade

Correction

Administration, Information Technology Sentence Automation System

Allocation of the funds from 2006 10-02-05-0814 for this purpose shall be made by the Director of the Office of Management and Budget in consultation with the affected department/agency head. Project allocations shall not be transferred to another department/agency unless approved by the Director of the Office of Management and Budget. In the event federal funds are available for match in support of a project or projects, the Director of the Office of Management and Budget 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/agency during this fiscal year until its formalized plan has been approved by the department/agency head, Director of the Office of Management and Budget 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/reengineered;

(iii) risk assessment;

(iv) stakeholder impact assessment;

(v) cost-benefit analysis; and,

(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 Director of the Office of Management and Budget if any portion of the above project plan requirements are absent from the department’s/agency’s request for a transfer of funds.

(c) No IT project that receives funds through Subsection (a) that has a scope beyond the scope of work approved by the department/agency head and the Director of the Office of Management and Budget is to be undertaken. Changes in scope or cost that fundamentally alter the original intent of an approved project shall be communicated to the Director of the Office of Management and Budget, Controller General and the state Chief Information Officer. Departments/agencies failing to communicate this information in a prompt manner may cause the project to be postponed or terminated. This requirement applies to all 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 Director of the Office of Management and Budget, 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) In all projects executed between the Department of Technology and Information, the Office of Management and Budget, 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 IT projects without the express written approval of the Director of the Office of Management and Budget.

Section The General Assembly and the Governor are committed to further reducing the size of state government through a thoughtful process that allows for realizing significant savings via attrition and the consolidation and/or possible elimination of certain government services. The Governor’s Performance Review Initiative will identify efficiencies, consolidation opportunities and areas where the State should scale back and/or eliminate certain government services. These opportunities will allow the State to reduce the size of state government by aggressively managing attrition. To that end, Section 1 of this Act includes a reduction of $13,750.0 in Personnel Costs to reflect projected savings as a result of a concerted effort between the Administration and the General Assembly to reduce the state government workforce through attrition. The Director of the Office of Management and Budget, upon the concurrence of the Controller General, shall de-authorize positions as they become vacant throughout the fiscal year. Further, notwithstanding any other provision of law to the contrary, the Director of the Office of Management and Budget shall, upon concurrence of the Controller General, have the authority to reallocate personnel costs as well as positions throughout and among respective state agencies, including the Judiciary and Other Elective offices in order to meet critical workforce needs.

Section Notwithstanding the provision of 18 Del. Code C. c. §708(c)(3), for Fiscal Year 2010, $7,000.0 in surplus funds shall be transferred to the Office of Management and Budget. These funds are available because of not being utilized for post-retirement increases by the eligible counties and municipalities.

Section   Amend 1 Del. C. § 501 by deleting “the third Monday in February, known as Presidents’ Day;” and “the second Monday in October, known as Columbus Day;”. In lieu of, the Director of the Office of Management and Budget shall promulgate policies and procedures to implement 2 floating holidays. 

Section   Amend 29 Del. C. § 5253(b)(1) and (5) by deleting all instances of the number “20” and inserting in lieu thereof the number “60”.

Section Amend 29 Del. C. § 5253(b)(3) by inserting “or reductions in salary instituted” following the word “awarded”.

Section Amend 29 Del. C. § 5253 by striking section (c)(5) in its entirety and substituting in lieu thereof the follow: “(c)(5) Upon the exhaustion of the maximum short-term disability benefit period, any employee, except those entitled to hazardous duty pay as defined in 29 Del. C. § 5933 (c), shall no longer be an employee of the State or any of its political subdivisions provided the employee has exhausted their FMLA entitlement and/or is not FMLA eligible. Employees entitled to hazardous duty pay as defined in 29 Del. C. § 5933 (c) who exhaust the maximum short-term disability benefit period shall no longer be an employee of the State or any of its political subdivisions at the end of their entitlement to hazardous duty pay provided the employee has exhausted their FMLA entitlement and/or is not FMLA eligible.”

Section   Amend 29 Del. C. § 5258 by deleting the number “180” and inserting in lieu thereof the number “90”.

Section Section 1 of this Act appropriates $50.0 in Local Law Enforcement Education to the Office of Management and Budget, Contingencies and One Time Items (10-02-11) for educational reimbursement as provided for in subsection (a).

(a) A certified police officer or other law enforcement officer as defined in 11 Del. C. § 1911(a) or a State of Delaware Probation and Parole Officer employed by the Department of Correction who is employed full-time in the State is eligible for post-secondary education tuition reimbursement under the following conditions:

(1) The officer must make application for tuition reimbursement in accordance with rules and regulations promulgated by the Director of the Criminal Justice Council or the Director's designee.

(2) Education benefits authorized by this Section may be used only at a college or university within the State.

(3) An officer may not attend a class or course of instruction during scheduled work hours unless the officer uses his or her earned leave or earned compensation time.

(4) An officer may be reimbursed under this program for only two classes or courses of instruction for undergraduate study or one class or course for graduate study each grading period. The classes will be reimbursed at 100 percent of the tuition paid following the completion of the course with a grade of 'C' or better at a college or university within the State for classes related to Corrections, Public Safety, Criminal Justice, Computer Science, Psychology, Sociology, Education and related fields. Related fields shall include any courses necessary to complete a degree program in Criminal Justice, Corrections, Public Safety, Computer Science, Psychology, Sociology, and Education.

(5) A class or course of instruction taken under this Section must:

  (a) improve an officer's competence and capacity in employment;

  (b) have direct value to the State; and

(c) provide knowledge or skills that are not available through in-service or other professional training.

(6) In order to receive tuition reimbursement for a post-secondary class or course of instruction authorized by this Section, an officer must:

(a) Earn a grade no lower than a 2.0 on a 4.0 scale, or its equivalent, for each class or course of instruction for which the tuition reimbursement is granted. In any class or course of instruction for which a specific grade is not issued, the officer must show documentation to verify satisfactory completion; and

(b) Submit to the Director of the Criminal Justice Council or the Director's designee within 30 days after completing a class or course of instruction proof of:

(1) the course title and grade received;

(2) the amount of tuition paid for the course; and

(3) the name of the post-secondary institution where the course was taken.

(7) The Director of the Criminal Justice Council or the designee shall adopt rules and regulations as deemed necessary and proper for the efficient administration of this Section. The rules and regulations must contain appeal procedures.

(8) An officer who receives tuition reimbursement pursuant to this Section but is terminated from law enforcement employment for cause or who otherwise fails to comply with any requirement of this Section shall immediately become ineligible to receive education benefits pursuant to this Section and shall repay all tuition reimbursement previously extended to the employee, including interest on a pro rata basis from the time of termination or noncompliance. The Director of the Criminal Justice Council or the Director's designee shall determine the amount of repayment due by the employee pursuant to this Subsection. If law enforcement employment is terminated for other than just cause, the officer will not be required to repay previously reimbursed tuition.

(9) Nothing in this section is intended to inhibit or deny officer promotion or transfer to other law enforcement agencies within this State.

(10) The Director of the Criminal Justice Council shall include in the agency's annual report:

(a) the number of officers who participated at each post-secondary educational institution during the year;

(b) the total amount of tuition expenditures made pursuant to this Section during the year not to exceed $50,000; and

(c) the total amount required to be repaid to the State by defaulting officers during the year; and Intergovernmental Voucher the total amount actually repaid by defaulting officers during the year.

Section Effective July 1, 2006, BP #879 shall receive compensation at a rate of a tier 3 level Cabinet position as determined by the Compensation Committee.

Section The Director of the Office of Management and Budget, upon concurrence of the Controller General and the Co-Chairs of the Joint Finance Committee, may restructure internal program units to create greater efficiencies within the Office of Management and Budget.

Section Section 1 of this Act appropriates $3,247.3 ASF to the Office of Management and Budget, Contingencies and One-Times Items (10-02-11) from Tobacco Settlement Funds for Two Year Nursing Expansion Initiative. Said funds shall be used to address Delaware Technical and Community College’s (DTCC) recommendations to mitigate the shortage in the nursing and allied healthcare fields. Said funds maybe used to hire up to 36 faculty and staff FTEs relevant to meeting said nursing shortage and shall be transferred to DTCC upon approval of the Director of the Office of Management and Budget, Controller General and Co-Chairs of the Joint Finance Committee.

Section Section 1 of this Act appropriates $500.0 ASF to the Office of the Management and Budget, Contingencies and One Times (10-02-11) from Tobacco Settlement Funds for Four Year Nursing Expansion Initiative. Of the amount appropriated, $250.0 shall be allocated to the University of Delaware and $250.0 shall be allocated to Delaware State University to expand their nursing programs. Both universities shall provide a detailed expansion plan to the Director of the Office of Management and Budget and Controller General no later than July 31, 2009. Said funds shall be transferred to the University of Delaware and Delaware State University upon approval of the Director of the Office of Management and Budget, Controller General and the Co-Chairs of the Joint Finance Committee.

Section Notwithstanding 29 Del. C. c. 69, the Office of Management and Budget is authorized to contract for an upgraded budget development system to enable interface functionality with the State’s new financial system.

Section Notwithstanding any other provision of the Delaware Code or this Act to the contrary, the Office of Management and Budget is authorized to contract with the University of Delaware for statistical analysis of data, for state operated programs, services, policies and/or procedures.

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 (10-02-05-80-51) shall be available to mitigate to the extent possible, projected deficits in TANF supported programs within the Department of Health and Social Services. The use of such funds for such purposes shall require the approval of the Director of the Office of Management and Budget and Controller General.

Section The amount appropriated to the Office of Management and Budget, Contingencies 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 requires 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 2010, 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 Director of the Office of Management and Budget 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 Director of the Office of Management and Budget 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 For Fiscal Year 2010, the Director of the Office of Management and Budget, pursuant to 29 Del. C. § 6529, may implement an overtime management practices review process for all State agencies with the exception of Legislative, Judicial, Higher Education and school districts. Said review shall include, but not be limited to, operational guidelines, guidelines to prohibit excessive utilization, staffing ratios, and standard work week schedules for employees. The Director of the Office of Management and Budget shall report to the Governor and the Co-Chairs of the Joint Finance Committee no later than May 1 of each fiscal year on the status of any review process implemented pursuant to this Section.

Section The appropriation in Section 1 of this Act to the Office of Management and Budget, Contingencies and One-Time Items (10-02-11) for Contingency, Appropriated Special Funds for $27,000.0 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 Director of the Office of Management and Budget and the Controller General.

Section   Notwithstanding 29 Del. C. c. 60B or any other provision of the Delaware Code or this Act to the contrary, the First State Quality Improvement Fund shall be suspended beginning July 1, 2009. It is the intent of the General Assembly that this program be reinstated when funding becomes available. For Fiscal Year 2009, any unencumbered First State Quality Improvement funds or funds available due to project completion shall revert to the General Fund.

Section The Director of the Office of Management and Budget is authorized to create a State of Delaware Merit Employee Mediation Pilot Program within state agencies selected by the Director and, notwithstanding Chapters 12 and 18 of the Merit Rules and/or any provision of Delaware Code to the contrary, the Director of the Office of Management and Budget is further authorized to promulgate rules and regulations to implement the said pilot program. Matters that may be grieved shall be eligible for mediation. Matters that are otherwise not subject to the merit grievance procedure may be eligible for the pilot mediation program. With the consent of the employee and employing agency, participation in the Mediation Pilot Program will be offered as a voluntary alternative to the ordinary grievance procedure. All mediation proceedings shall be deemed confidential. If a grievance is subjected to mediation pursuant to this section, normal timelines associated with the filing of a grievance shall be tolled pending the completion of mediation. If an employee has filed a formal grievance, subsequent mutual consent to mediation will cause the grievance to be held in abeyance pending completion of mediation and the timelines that would otherwise have applied to the grievance shall likewise be tolled pending completion of mediation. Upon completion of mediation, an employee may continue to grieve and the normal timelines provided for grievances shall then apply. The Mediation Pilot Program is not intended to limit other dispute resolution procedures available to an agency or an employee or to deny a person a right granted under federal or other state law, including the right to administrative or judicial hearing.

Section The Director of the Office of Management and Budget shall continue to assume the central leadership role for the Executive branch over all matters relating to Senate Bill 36, of the 144th General Assembly, and any other personnel and labor relations matters affecting the Executive branch and its departments and agencies, including collective bargaining negotiations with employee organizations, labor arbitration, Public Employment Relations Board, Department of Labor, Equal Employment Opportunity Commission, and other administrative proceedings. The Director of the Office of Management and Budget shall also, on behalf of the State, approve and sign all collective bargaining agreements and any other agreement or arrangements made involving employee organizations that represent employees subject to Executive branch authority.

Section Notwithstanding the provisions of any other law, any organization identified in 29 Del. C.  § 5551(6) and not participating in the County and Municipal Pension Plan as of June 30, 2009, shall be prohibited from participation for the fiscal year ending June 30, 2010.  Notwithstanding the provisions of any other law, any organization identified in 11 Del. C.  § 8801(5) and not participating in the County and Municipal Police/Firefighter Pension Plan as of June 30, 2009, shall be prohibited from participation for the fiscal year ending June 30, 2010.

Section In recognition of the cost efficiency opportunities identified by the Leadership for Education Achievement in Delaware (LEAD), beginning in Fiscal Year 2010, the Office of Management and Budget is authorized to establish and implement a pilot centralized procurement program for local school districts, vocational-technical school districts and charter schools. Said pilot program may include, but not be limited to, centralized purchasing of supplies, commodities and non-professional services. The provisions of 29 Del. C. c. 69 shall apply to this pilot procurement program as the Office of Management and Budget, in its sole discretion, may deem appropriate.

Section For Fiscal Year 2010, funding appropriated for 16 Del. C. c.102 shall be suspended. If non-state funding sources become available during the fiscal year, the program shall be reinstated with the approval of the Director of the Office of Management and Budget and the Controller General.

Section Notwithstanding any provision of the Delaware Code to the contrary, the Office of Management and Budget is authorized to analyze and implement the most appropriate mechanism to cover any liabilities as a result of Senate Bill 29 of the 144th General Assembly. Such mechanism may include but not be limited to self-insurance, a fully insured proposal, or some other means to insure against any potential liability.

Section Section 1 of this Act includes 1.0 FTE in the Executive Department, Office of Management and 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 the Office of Management and Budget 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 Director of the Office of Management and Budget and the Controller General. No changes shall be made to the annual project schedule without the approval of the Director of the Office of Management and Budget. After July 15, all ad hoc requests for projects seeking completion during the fiscal year shall be reviewed by the Director of the Office of Management and Budget. Work shall not commence on these projects without the approval of the Director of the Office of Management and Budget.

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

Section Notwithstanding any provision to the contrary, for the purposes of developing and implementing PHRST Time & Labor, a new recruitment system, and other PeopleSoft modules, necessary adjustments to existing State human resource procedures shall be implemented during Fiscal Year 2010 with the written approval of the co-chairs of the Joint Finance Committee, the Director of the Office of Management and Budget 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 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.

Section Amend 29 Del. C. §5533 by adding a new subsection (e) to read as follows:

“(e) Any reduction in a State employee’s salary, mandated as part of the Fiscal Year 2010 Annual Appropriations Act and implemented during Fiscal Year 2010, shall not be used when computing an employee’s final average compensation. Rather, the State employee’s base salary as of June 30, 2009 shall be used in calculating the employee’s final average compensation as defined in §5501 (f) of this Chapter.”

Section Amend 11 Del. C. §8323 adding a new paragraph (j) thereto as follows:

“(j) Any reduction in a member’s salary, mandated as part of the FY2010 budget bill and implemented during FY2010, shall not be used when computing a member’s final monthly salary. Rather, the member’s base salary as of June 30, 2009 shall be used in calculating the member’s monthly salary as defined in §8323(a) of this chapter.”

Section Amend 11 Del. C. §8375, by designating the existing section as subsection “(a)” and adding a new subsection (b) thereto as follows:

“(b) Any reduction in a member’s salary, mandated as part of the FY2010 budget bill and implemented during FY2010, shall not be used when computing an employee’s final average compensation. Rather, the member’s base salary as of June 30, 2009 shall be used in calculating the employee’s final average compensation as defined in §8351(7) of this chapter.”

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 During the fiscal year, the Office of Management and Budget Management, Facilities Management (10-02-50), shall retain the rental fees as Appropriated Special Funds for the buildings known as the Kent County Courthouse, Family Court Building, 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 Section 1 of this Act makes an appropriation of $75.0 ASF in Personnel, $795.2 ASF in Contractual Services, $71.1 ASF in Supplies and Materials and $524.7 ASF in Energy to the Office of Management and Budget, Facilities Management (10-02-50) for maintenance costs associated with the state-wide operations of Division of Motor Vehicles, the Transportation Mobile Center and the DelDOT Administration Building. The Department of Transportation shall remit $733.0 to the Office of Management and Budget on July 15 and January 15th of each fiscal year to cover the operational costs associated with maintaining these facilities. In addition, the Office of Management and Budget shall be responsible for the reconciliation of the account with the Department of Transportation.

Section For energy backcharge purposes, the Office of Management and Budget, Facilities Management (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 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 The Delaware Economic Development Office, Economic Development Authority (10-03-03) 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 appropriates $1,784.3 ASF to the Delaware Tourism Office. Of this amount, $449.0 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 of each fiscal year or as otherwise approved by the Director of the Office of Management and Budget and the Controller General.

Section Notwithstanding the provisions of any other law, for the fiscal year ending June 30,  2010 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 $445.9 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. Should interest earnings not be available by September 1, funding shall be made available directly from the Strategic Fund.

(ii) The second $400.0 shall be used for the general operating expenses of the Small Business Development Center. Should interest earnings not be available by December 31, 2009, the Center shall receive funding directly from the Strategic Fund for said expenses and shall waive further interest earnings for that period.

(iii) The third $300.0 shall be used to continue the Delaware Business Marketing Program within the Delaware Economic Development Authority (10-03-03). Should interest earnings not be available by September 1, funding shall be made directly from the Strategic Fund. It is the intent of the General Assembly that these funds shall be used for business marketing and recruitment. These funds may be used together with non-state contributions to the Delaware Business Marketing Program. However, in the event that non-state contributions are not available, or in the event such contributions are insufficient to fully access the resources of the Delaware Business Marketing Program, it is the intent of the General Assembly that the Delaware Business Marketing Program shall continue to fully operate using only the interest earnings on the Delaware Strategic Fund as provided for in 29 Del. C. § 5027.

In the event that non-state contributions are available, they 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 documented by the Delaware Economic Development Authority in connection with the Delaware Business Marketing Program.

When non-state contributions are used, 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. Allocations shall be made by the Director of the Delaware Economic Development Office with the approval of the Director of the Office of Management and Budget and the Controller General.

On or before April 1, 2010, the Director of the Delaware Economic Development Office shall provide to the Director of the Office of Management and Budget and the Controller General a report on the Delaware Business Marketing Program. The report shall include an itemized list of all non-state cash and in-kind contributions received, total expenditures and an assessment of the program to date.

(iv) The fourth $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.

(v) Any remaining funds shall be used for the purposes of the Delaware Strat egic Fund.

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, $50.0 ASF shall be used to fund a grants program. Funds awarded 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. Of the grant funds allocated to the Delaware Tourism Office, all recipients shall apply for funding through the grant process. If successful in securing a grant, any special appropriations will be reduced by same said amount. The distribution of funds through the grant application process ensures accountability including ROI, out of state distribution plans and clear contribution to the PAT. The Grant program is only to be funded in the event that PAT revenues provide adequate.

Section Notwithstanding the provisions of 29 Del. C. §6102, any Public Accommodations Tax revenue collected in Fiscal Year 2010 in excess of the $1,784.3 ASF appropriated in Section 1 of this Act to the Delaware Tourism Office (10-03-02) shall be deposited to the General Fund.

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 2010, the Director of the Office of Management and Budget 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, $125.0 is authorized for the Kalmar Nyckel. During the period beginning July 1, 2009, and ending on June 30, 2010, 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 Kalmar Nyckel Foundation shall provide to the Office of Management and Budget and the Controller General’s Office quarterly financial reports detailing year to date expenditures and revenues as well projected expenditures and revenues for the remainder of the fiscal year. Such reports shall be due October 1, January 1, March 1, and June 30 of each fiscal year.

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 (a) Section 1 of this Act includes non-appropriated special fund positions funded through grants administered by the Criminal Justice Council (10-07-01). Further, the Delaware State Clearinghouse Committee may, during the fiscal year, approve additional non-appropriated special fund positions supported by Criminal Justice Council administered grants. By virtue of said positions being included in the Annual Appropriations Act and/or approved by the Clearinghouse Committee does not guarantee future state funding upon expiration of federal grants supporting the positions. Any requests for state funding for said positions shall be prioritized by the affected department in its budget request for Fiscal Year 2011.

(b) The Criminal Justice Council shall submit a report to the Director of the Office of Management and Budget and the Controller General on May 1 of each year. This report shall forecast to the extent possible the number of federal grants and position requests that may be presented as requests to the Delaware State Clearinghouse Committee during the course of the upcoming fiscal year.

(c) Section 1 of this Act includes non-appropriated special fund positions funded through grants administered by the Criminal Justice Council. Any said positions with funding set to expire during this fiscal year shall continue to be funded through June 30, 2010.

Section Section 1 of this Act authorizes the Delaware Justice Information System (10-07-02) to spend up to $260.0 in Appropriated Special Funds. Notwithstanding any provision of the Delaware Code or this Act to the contrary, DELJIS is authorized to utilize these funds to undertake expenditures relating to operational costs.

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 Management and 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 committee chair or his or her designee 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 Management and Budget. The Statistical Analysis Center is authorized at any time to contract employees on behalf of the committee as funds become available, as directed by the committee and approved by the Office of Management and 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.

Section It is the intent of the General Assembly for the Director of the Office of Management and Budget to transfer funds to the Statistical Analysis Center (10-02-08) to support comprehensive research initiatives for the Delaware Sentencing Research and Evaluation Committee (DSREC) pending the receipt of federal funding for such purpose. Should federal funding not be received, the Office of Management and Budget shall continue to support DSREC in an amount not to exceed $40.0.

Section (a) Section 1 of this Act includes an Appropriated Special Fund appropriation within Delaware State Housing Authority (10-08-01). Of these funds, $25.0 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, 2010 . The Neighborhood Assistance Tax Credit Program is intended to foster business investment in low-income communities through financial support to neighborhoods as well as job training, education, crime prevention and community services.

(b) The Delaware State Housing Authority shall submit an annual report to the Director of the Office of Management and Budget and the Controller General by May 1 of each year, which will include but not be limited to a synopsis of the tax credit program, a detailed list of expenditures and a list of projects that have received tax credit awards.

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 Director of the Office of Management and Budget and Controller General. Further, sufficient funding within the department must be available for any change to be approved.

Section Section 1 of this Act includes 12.0 FTEs in the Department of Technology and Information (11-00-00) to address the utilization of existing positions for the ERP project. During the course of the fiscal year, the department shall continue to provide level of staff support previously agreed upon by the Executive Sponsors to ensure the continuation of this project without disruption.

Section The state government of Delaware, recognizing the inherent value in implementing common standards, has chosen Microsoft 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, Director of the Office of Management and Budget and Controller General. Any agency seeking exemption from this requirement must submit a request to the Chief Information Officer clearly stating the reasons why migrating to an alternative platform is necessary and/or desirable.

Section (a) 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 Costs lines less non-salary-driven Other Employment Costs components. Overtime and casual/seasonal components of the Personnel Costs 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.

(b) Pursuant to Section 8, Department of Technology and Information salaries shall be reduced by 2.5% for each employee and subsection (a) of this section shall become null and void.

Section Section 1 of this Act includes 8.0 FTEs in the Department of Technology and Information (11-00-00) to create financial efficiencies through the conversion of eight long-term contractors. The department may continue to fund the existing contractors until said positions are filled, at which time these services shall no longer be supported through contractual arrangements.

OTHER ELECTIVE

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 Director of the Office of Management and Budget, upon the request of the State Auditor, shall attempt to advance sufficient funding from the Indirect Cost Account.

Section For the purpose of the audits contracted by the Auditor of Accounts, agencies will be responsible for the cost of the audit written into the signed contract, if the agency was consulted and agreed to the costs prior to the contract being signed. Any overages billed by the contracted audit will be the responsibility of the Auditor of Accounts office unless the agency was made aware of the additional time needed for the audit and approved the time and the additional costs.

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 $3,504.1 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 $3,504.1 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 Management and 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 Management and Budget.

Section In accordance with 29 Del. C. c. 27, the Office of Management and Budget, Controller General’s Office, Department of Technology and Information and State Treasurer, 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. 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 Director of the Office of Management and Budget.

LEGAL

Section (a) Section 1 of this Act authorizes an appropriation for Contractual Services for the Office of Attorney General (15-01-01). Of this amount, $805.0 shall be used for the purpose of providing services covering family violence in New Castle County, and $611.6 shall be used for the purpose of providing services covering family violence in Kent and Sussex counties.

(b) It is the intent of the General Assembly and the Administration to support Family Violence Prevention programs operated by Child, Inc. and People’s Place II, Inc. Should federal funding not be approved to sustain Fiscal Year 2010 reductions, the Director of the Office of Management and Budget and the Controller General are hereby authorized to transfer funds to the Office of Attorney General

(15-01-01) for the purpose of covering family violence programs.

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 pursuant to 19 Del. C. § 2392(c)(1) and the semi-annual administrative assessment per Subsection 2392(d) of the same Title;

(e) 0.5 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 the Office of Management and Budget and other related personnel issues and is not intended to supplant existing Deputy Attorneys 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 State, Regulation and Licensing, Professional Regulation. A second split-funded (0.5 GF and 0.5 ASF) Deputy Attorney General shall be assigned to provide additional contract review, general legal services and legal counsel as needed for the Department of State, Regulation and Licensing, Professional Regulation;

(m) 1.0 split-funded (0.5 NSF FTE and 0.5 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 the Family Division in Kent and Sussex counties to expedite casing processing in Family Court;

(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 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) .5 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) .5 ASF FTE split-funded Deputy Attorney General shall be assigned to the Department of Agriculture. 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 2.0 ASF positions (one Deputy Attorney General 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 Director of the Office of Management and Budget 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 of each fiscal year.

Section Section 1 of this Act appropriates Personnel Costs 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 39.57 percent of federal dollars spent on direct salary costs.

Notwithstanding the provisions of 29 Del. C. § 6404(h)(1)(2), 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 Office of Management and Budget. 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 Director of the Office of Management and Budget and the Controller General.

Section Section 1 of this Act includes 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 includes Personnel Costs in Consumer Protection and 3.0 ASF FTEs in the Office of the Attorney General (15-01-01) for activities associated with the regulation of credit counseling and debt management companies as authorized in 6 Del. C. c. 24A, the Delaware Uniform Debt-Management Services Act.

Section Section 1 of this Act appropriates Personnel Costs and 2.0 ASF FTEs to the Office of Attorney General (15-01-01) to support the Delaware Drug Nuisance and Social Vices Abatement Act. Implementation of this section is contingent upon the passage of legislation to establish a Civil Enforcement Fund.

Section Section 1 of this Act appropriates Personnel Costs and .5 ASF FTE State Detective (BP#1247) to support the issuance of licenses to carry a concealed deadly weapon. Implementation of this section is contingent upon the passage of House Bill 258 or similar legislation to increase application fees to carry a concealed deadly weapon.

STATE

Section (a) Section 1 of this Act includes Personnel Costs and 3.0 FTEs (BP# 65750, 927 and 9322), $2.0 in Supplies and Materials, $60.0 in Contractual Services, $192.5 in International Trade, $120.0 in World Trade Center, and $10.0 in Italian/American Commission in the Department of State, Administration (20-01-01). The affected employees will remain exempt from classified service in accordance with 29 Del. C. § 5903, and will retain current compensation levels in addition to enacted salary policy.

(b) The appropriations in subsection (a) support the International Development Group which shall be the primary entity for the State related to all international trade matters including: export and import assistance to Delaware citizens and businesses; international trade missions; coordination with other state agencies, departments, international organizations, international commissions and councils.

(c) The International Trade Group shall be designated as the primary contact for the State regarding all international trade matters with the business community; U.S. federal agencies; regional, national and international organizations; foreign governments; and other domestic and international trade organizations world-wide.

(d) The International Development Group shall be responsible to host, arrange and coordinate the schedule for international trade delegations and foreign government officials visiting the State.

Section Section 1 of this Act appropriates $15.0 ASF in the line item Historical Marker Maintenance to the Department of State, Delaware Public Archives (20-03-01). Of this amount, $10.0 ASF 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) up to $1.8 million ASF 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 Director of the Office of Management and Budget and the Controller General.

(b) Of the amount appropriated in Section 1 of this Act, up to $500.0 may be allocated for matching grants pursuant to the Delaware Public Library Technology Assistance Act (29 Del. C. c. 66B) for the purposes of implementing a 3-year replacement cycle for public access hardware and software in Delaware’s public libraries or, if funds are remaining, for other hardware, peripherals and software used to support local library services. An additional $100.0 may be provided to the Division of Libraries for other library technology initiatives.

Section Section 1 of this Act provides an appropriation to the Department of State, Delaware Public Archives (20-03-01) for the Delaware Heritage Office. Of that amount, $15.0 shall be used at the discretion of the Delaware Heritage Office for scholar awards, challenge grants and publications.

Section Section 1 of this Act contains an Appropriated Special Fund authorization for Contractual Services in the Division of Corporations (20-05-01). Of this amount, up to $200.0 may be transferred to a captive insurance regulatory and supervisory fund in the Insurance Commissioner’s Office.

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

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 $150.0 of the Bank Franchise Tax for costs associated with the collection and administration of the Bank Franchise Tax. Also, an additional $75.0 of the Bank Franchise Tax shall be used for costs associated with consumer education and information programs.

Section Section 1 of this Act makes an appropriation to Libraries (20-08-01) in the amount of $2,608.7 GF and $1,760.8 ASF for Library Standards. Of that amount, Libraries may reserve up to $436.9 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 The Department of State shall establish the shift differential for Licensed Practical Nurses employed at the Delaware Veterans Home at 10 percent for 3-11 shifts on weekdays and 7-3 shifts on weekends. The shift differential shall be established at 15 percent for 11-7 shifts on weekdays and 3-11 shifts on weekends. The shift differential for the 11-7 weekend shifts shall be established at 20 percent. To the extent or where an employee is covered by a collective bargaining agreement pursuant to 19 Del. C. § 1311A, the terms and conditions of said agreement shall apply.

Section The Department of  State shall have the authority to fill vacant positions at the Delaware Veterans Home 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 Section 1 of this Act appropriates Personnel Costs and 2.0 ASF FTEs in the Department of State, Regulation and Licensing, Professional Regulation (20-04-01) for the regulatory inspection of controlled substances. This function was reallocated from the Department of Health and Social Services, Public Health, Community Health (35-05-20) during Fiscal Year 2007. All revenue generated by the activities performed by, or on behalf of, the Division’s Office of Controlled Substances, shall be deposited in an ASF account in the Division of Professional Regulation pursuant to 29 Del. C. § 8735 (c). These funds shall be used to fund all costs necessary to defray the expenses of the Office of Controlled Substances, up to the budget authority for any fiscal year or portion thereof.

Section Any temporary shortfall in ASF revenue in implementing the Delaware Cultural Access Fund referenced in House Bill No. 262 may be supplemented by funds received by the Secretary of State through 29 Del. C. §2311.

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 (including the hiring of seasonal employees) 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 $1,500.0. Of this amount, $600.0 shall be used for the purpose of maintaining the State’s mainframe computer system and Revenue’s programs that reside thereon. 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 and personal 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 Director of the Office of Management and Budget 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 $200.0 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 Notwithstanding the provisions of any other law, 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. Notwithstanding the provisions of any other law, 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 Director of the Office of Management and Budget and the Controller General.

Section There shall be established a special fund for the purpose of receiving the proceeds of liquidating stock acquired pursuant to 12 Del. C. c. 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/her discretion cause amounts in such special fund to be remitted to the General Fund of the State.

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 Director of the Office of Management and Budget, 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 in Section 1 of this Act may be amended by the Secretary of Finance, the Controller General and the Director of the Office of Management and Budget, subject to the limitations outlined in 29 Del. C. § 4815(b).

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, Substance 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 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.

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 Certified Nursing Assistant, Active Treatment Facilitator, Activity Therapist, 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 Section 1 of this Act includes $25.0 ASF in the Department of Health and Social Services, Public Health, Delaware Hospital for the Chronically Ill (35-05-40) for Hospice. The division shall be allowed to collect and deposit funds into this account as a result of revenue generated from Hospice services being provided.

Section (a) 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 Director of the Office of Management and Budget and the Controller General.

(b) Section 1 of this Act provides an appropriation of $232.8 ASF in the Department of Health and Social Services, Administration, Management Services (35-01-20), Program Integrity for the operation of the Audit Recovery and Management Services (ARMS) unit. Revenue from ARMS collections related to Public Assistance programs shall fund this account. All revenue in excess of the Program Integrity’s ASF authority shall be deposited as designated by 29 Del. C. § 6102.

Section Section 1 of this Act appropriates $250.0 to the Delaware Health Care Commission (35-01-10) 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 Director of the Office of Management and Budget and the Controller General no later than October 15 of each fiscal year detailing the plan for the expenditure of these funds.

Section (a) Section 1 of this Act appropriates $563.0 to the Delaware Institute of Dental Education and Research (DIDER) (35-01-10). This amount shall be allocated as follows:

Temple University School of Dentistry $287.5

Temple University School of Dentistry-Financial Assistance 27.5

General Practice Residents Support 148.0

Loan Repayment Program 100.0

(b) In accordance with 16 Del. C. c. 99, the appropriation shall provide partial financial support for salaries and benefits for three general practice dental residents. The residents shall continue serving vulnerable populations at sites approved by the Delaware Health Care Commission and resume serving patients at the Delaware Psychiatric Center at such time as program requirements for residency training are met. The Commission shall submit a report to the Director of the Office and Management and Budget and Controller General by May 1 of each fiscal year outlining the expenditure of these funds.

(c) Of the allocation identified above, $100.0 shall be used to recruit and retain dentists and other practitioners eligible under the loan repayment program.

(d) $27.5 of the allocation identified above shall be used to provide financial assistance for the students attending the Temple University School of Dentistry.

(e) $287.5 of the allocation identified above shall be used to support eighteen dental slots at the Temple University School of Dentistry.

(f) Any loan or scholarship program developed by the DIDER Board shall be repaid under terms and conditions coordinated with the Delaware Higher Education Commission, who shall be responsible for monitoring and enforcement. In designing either a scholarship or loan program, the DIDER Board shall consider the need to assure that there is a continuing supply of dentists for Delaware. Scholarships, loans and loan repayment programs shall be approved by the Delaware Health Care Commission, the Director of the Office of Management and Budget and the Controller General.

Section Section 1 of this Act appropriates $2,130.0 to the Delaware Institute of Medical Education and Research (DIMER) (35-01-10). This amount shall be allocated as follows:

Jefferson Medical College $1,000.0

Philadelphia School of Osteopathic Medicine 250.0

University of Delaware 50.0

Christiana Care Health System 200.0

Scholarships/Loans 480.0

Loan Repayment 150.0

Any changes in this allocation must receive prior approval from the Director of the Office of Management and Budget 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. 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 $150.0 shall be used to recruit physicians or other practitioners eligible under the loan repayment program and to recruit and retain practitioners in underserved areas of 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 Director of the Office of Management and Budget and the Controller General.

Section (a) Section 1 of this Act appropriates $2,858.9 in Administration, Management Services (35-01-20) 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.

(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 makes an appropriation the Department of Health and Social Services, Administration, Management Services (35-01-20) for the Early Intervention Program. Of that amount, $150.0 is appropriated to provide evaluation and direct services for children.

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 Director of the Office of Management and Budget.

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 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) Funds appropriated by Section 1 of this Act for Title XIX Medicaid may be expended by the Department of Health and Social Services for covered direct client services as well as transportation and disease management. Funds may be expended for other administrative costs involved in carrying out the purpose of this Section if approved by the Director of the Office of Management and Budget.

(c) The funds hereby appropriated for Medicaid 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.

(d) The Department of Health and Social Services shall file a report to the Director of the Office of Management and Budget and Controller General of all services provided by the Medicaid 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 of each fiscal year.

Section Section 1 of this Act makes appropriations to the Department of Health and Social Services, Medicaid and Medical Assistance (35-02-01), 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. The Division of Medicaid and Medical Assistance shall establish a drug rebate process for any prescription benefits provided to clients enrolled in the following non-Medicaid programs administered by the Department of Health and Social Services including but not limited to: the Delaware Healthy Children program, the Renal Disease program, the Cancer Treatment 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 Medicaid and Medical Assistance program account and use them to meet program costs.

Section 1 of this Act also makes appropriations to other agencies of state government for health care programs that purchase drugs. Division of Medicaid and Medical Assistance shall work with other state agencies to develop a drug rebate process for these programs.

The Director of the Office of Management and Budget 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 Director of the Office of Management and Budget and the Secretary of Health and Social Services shall confer with the Controller General and the co-chairs of the Joint Finance Committee.

Section   Amend Title 29, § 6102 of the Delaware Code by creating a new section (v) as follows:

“(v) Notwithstanding any other provision in law to the contrary, the Division of Medicaid and Medical Assistance shall be allowed to deposit the applicable state share of any drug rebate funds, drug settlement proceeds, including qui tam cases, third party collections and other collections related to the provision of health care (minus retention amounts specified in state or federal law), as well as any fines, restitution or punitive damages related thereto into the appropriate Medicaid and Medical Assistance account and use them to meet program costs.”

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

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Medicaid and Medical Assistance (35-02-01) 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.

Medicaid and Medical Assistance 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 assistance to persons suffering from chronic renal disease who meet eligibility criteria; 3) periodically provide information to the Advisory Committee on services provided and expenditures for these services; and 4) coordinate benefits with the Medicare Part D program for non-state employee clients. 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 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 Director of the Office of Management and Budget shall take the appropriate steps to carry out the provisions of this section.

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 fiscal year. The Secretary will also ensure that timely payments are made to all contractors.

Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Public Health, Community Health (35-05-20), for Contractual Services. Of that amount, $77.3 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 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 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 Section 1 of this Act makes an appropriation of $75.0 ASF in Contractual Services from the Tobacco Settlement to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) to implement a Hepatitis B Vaccination Program for Correctional Officers and Probation and Parole Officers within the Department of Correction. For the purpose of this program, Correctional Officers shall be defined as any employee within the Correctional Officer Series through Captain and Probation and Parole Officers shall be defined as Probation and Parole Officers I through Senior Probation and Parole Officers. Public Health shall purchase and administer the vaccine upon request. It is the intent of the General Assembly that in Fiscal Year 2010 the Correctional Officers and Probation and Parole Officers with the most direct prisoner contact will receive the vaccination series and in subsequent years the remaining staff shall be vaccinated.

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 of each fiscal year; 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 $102.0 of the revenue into an ASF account entitled School Based Health Centers to support the cost of this initiative. Up to $600.0 of the remaining revenue will be deposited into an ASF account in Medicaid and Medical Assistance (35-02-01) and used for expenses associated with the normal operations of the Medicaid program. This amount may be increased subject to approval from the Director of the Office of Management and Budget and Controller General.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Public Health, Community Health (35-05-20) for supplies and materials. Of that appropriation, $10.0 is to be used to purchase chemical reference materials for the Office of Environmental Health Evaluation.

Section (a) Section 1 of this Act provides funding for the Department of Health and Social Services, 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 Twenty First 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 current 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.

(b) Notwithstanding the provisions of this section, upon approval of the Director of the Office of Management and Budget and the Controller General, the Office of Drinking Water may administer a competitive Request for Proposal (RFP) process for drinking water system technical assistance, if other providers are available and cost savings exist.

Section Section 1 of this Act appropriates funds to the Division of Public Health, Community Health (35-05-20) and to the Administrative Office of the Courts, Non-Judicial Services, Child Death, Near Death and Stillbirth Commission (02-18-06) for infant mortality. More specifically, the funds are to implement recommendations of the Infant Mortality Task Force. Included are $4,685.7 in the Infant Mortality Task Force and 3.0 FTEs in Community Health (35-05-20) and funding for Personnel Costs in the Infant Mortality Task Force in Child Death, Near Death and Stillbirth Commission (02-18-06). The Department of Health and Social Services shall submit an update on the spending plan for these funds to the Director of the Office of Management and Budget and Controller General no later than November 1 of each fiscal year.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Division of Public Health (35-05-20) for Contractual Services. Of that amount, $39.1 is appropriated to the Gift of Life Program to promote organ and tissue donation in the State of Delaware.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Division of Social Services (35-07-01) for Contractual Services. Of that amount, $101.6 is appropriated to support services for the Ministry of Caring House of Joseph II AIDS hospice.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Division of Public Health (35-05-30) for Contractual Services. Of that amount, $7.8 shall be used to support the Delaware Organ and Tissue Awareness Program.

Section Amend 16 Del. C. § 9808(b) by deleting the sentence “Recertification training and testing costs for those paramedics employed under this Chapter shall be paid at state expense.”

Section Of the funds derived from those State Lottery funds transferred to the Division of Substance Abuse and Mental Health Services of the Department of Health and Social Services pursuant to 29 Del. C. § 4815 (b)(2), $20.0 ASF shall be used by the Division to create and/or continue an Addiction Prevention Program in all Delaware highs schools on the subject of compulsive gambling. These funds shall provide, but not be limited to, the following:

1) a prevention education booklet to be given to every high school student in the State;

2) a teacher guideline instructional booklet to assist teachers to impart this information to

students; and

3) on-site training to teachers on appropriate teaching methods.

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 Director of the Office of Management and Budget and the Controller General. These reallocation initiatives shall not compromise the standard of care of the remaining Delaware Psychiatric Center population.

Section Section 1 of this Act provides an appropriation of $1,000.0 ASF to the Department of Health and Social Services, Substance Abuse and Mental Health, Community Mental Health (35-06-20). Substance Abuse and Mental Health expects to generate additional retroactive revenue as a result of the Tax Equity and Fiscal Responsibility Act (TEFRA) rebasing of Medicare payment rates at Delaware Psychiatric Center. These funds shall be used to fund the rebasing project and support the Division of Substance Abuse and Mental Health programs, including but not limited to purchasing medicines for clients.

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 The Merit Rules notwithstanding, Department of Health and Social Services employees designated as Psychiatrists, as well as the Chief Psychiatrist in the Delaware Psychiatric Center (35-06-30) shall be eligible for standby pay and call back pay.

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 Cash Assistance 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 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 Direct Patient Care Intern Program to enable direct care professionals to take 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 education. It is further understood that these individuals shall remain in the employ of Delaware Psychiatric Center for a minimum of one year after graduation or reimburse the State for any and all tuition received.

Section Section 1 of this Act provides 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 Director of the Office of Management and Budget 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 Notwithstanding any provisions of the Delaware Code to the contrary, Social Services (35-07-01) is authorized to make such policy changes in the administration of the Temporary Assistance for Needy Families (TANF) and Child Care Development Block Grant programs as may be necessary to assure that Delaware will qualify for the full amount of its federal block grant entitlement and any American Recovery and Reinvestment Act (ARRA) funds. Any changes require the prior approval of the Director of the Office of Management and Budget and Controller General.

Section Section 1 of this Act appropriates Personnel Costs and 39.7 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 current fiscal year September educational unit count indicates the number of teachers required to meet caseloads for visually impaired students is greater than the current fiscal year 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, $15.9 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 $2,459.8 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 26.9 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, Division of Child Support Enforcement (35-10-00) for Contractual Services. Of that amount, $211.1 is for programming costs for the DACSES Redevelopment Project. Child Support Enforcement shall have the authority to contract for IT resources needed to augment existing programming staff for the duration of this project. At the project’s conclusion, the division shall have the authority, with approval from the Director of the Office of Management and Budget and Controller General, to transfer these funds to Personnel Costs and establish up to 3.0 General Fund positions and 5.0 NSF positions in order to support DACSES system maintenance.

Section The Division of Developmental Disabilities Services (35-11-00) will rebase, once every one to three years, its Inventory for Client and Agency Planning (ICAP) based rate setting system.  This rebasing will be predicated on raising the direct care staff wage and mirroring elements in the model to keep pace with changing economic conditions on regional and national level that will ensure a livable wage for workers and provide continuity of care to individuals with developmental disabilities.

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 $7.8 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, $44.5 shall be used for the Mary Campbell Center.

Section 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 Director of the Office of Management and Budget and the Controller General. These reallocation initiatives shall not compromise the standard of care of the remaining Stockley Center population.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Division of Developmental Disabilities (35-11-00) for Purchase of Care. Of that appropriation, $50.0 is appropriated to support individuals receiving respite care services at the Fiscal Year 2005 contract levels.

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. Receipts in the account may be used to fund community residential, day program, respite and other related contracts currently funded out of the Purchase of Care and Purchase of Community Services lines.

Section Section 1 of this Act provides an appropriation of $2,094.0 ASF to the Division of Developmental Disabilities Services, Community Services (35-11-30) for 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 and Medicaid receipts from state operated group homes and state operated apartments.

Section (a) Section 1 of this Act for Department of Health and Social Services, State Service Centers, Family Support (35-12-10) includes 1.0 FTE (BP #3094) and Personnel Costs which support the Delaware Helpline. Upon vacancy, this position shall be deleted and the corresponding funding shall be transferred to Contractual Services for the Delaware Helpline.

(b) 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 Section 1 of this Act appropriates $3.0 in Contractual Services to the Department of Health and Social Services, Division of State Service Centers, Community Services (35-12-30). These funds are to be used to reimburse emergency shelters for housing homeless women in Kent County during Code Purple conditions. Code Purple is defined as nights when the temperature is 25 degrees or below or in emergency weather conditions such as an ice storm or a blizzard.

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 Director of the Office of Management and Budget and the Controller General.

Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities (35-14-00) for Respite Care. Of that appropriation, $110.0 is appropriated to support families provided respite care services through the Caregiver Program.

Section Recognizing Delaware has an obligation to establish a rational long term care system to prevent expensive and premature institutionalization and to insure Delaware’s senior and disabled population who are able to remain in their homes and community should receive services needed to remain as independent as possible, it is the intent of the General Assembly that a Task Force on shall be formed to develop the following:

(1) A summary analysis of all existing studies on the subject of long term care housing needs for Delaware’s Aging and Disabled population;

(2) An analysis of programs and innovations in other states that have maximized consumer choice in the selection of a setting in which to receive long-term care services and supports and their ability to be replicated in Delaware.

(3) An analysis of service needs required for individuals to receive long term care in their homes and community, including an analysis of the supply of organizations providing services and existing or anticipated gaps in services required for home or community living;

(4) An analysis and recommended actions the State of Delaware should consider to increase consumer options and ability to choose and to support long term care housing needs for individuals, including affordable and accessible housing and home and community based service required by individuals who desire to receive long term care services in home and community;

(5) An analysis of publicly subsidized and other affordable housing options in Delaware and their role in providing home and community based services to older people and people with disabilities;

(6) An analysis and recommended actions regarding projected demand for skilled nursing facility care; and

The Task Force shall be chaired by the chair, vice-chair, or other committee member designated by the chair of the House Joint Finance Committee, and, in addition to its chair, that the chair appoint the following Task Force members:

(1) one member of the House Health and Human Development Committee;

(2) one member of the Housing and Community Affairs Committee;

(3) Delaware’s Long Term Care Ombudsman;

(4) one representative of the American Hospital Association;

(5) one representative of the Delaware Healthcare Facilities Association;

(6) one representative of AARP;

(7) one representative of Delaware’s physical disabilities community;

(8) one representative from Delaware Medicaid’s Money Follows the Person leadership team;

(9) one representative from the Division of Aging and Adults with Physical Disabilities;

(10) one representative from the University of Delaware’s Center for applied Demography and Survey Research;

(11) one professor of aging from an accredited Delaware University;

(12) one representative from a Delaware Home Health Agency;

(13) one representative from the Delaware Aging Network;

(14) one representative from the Delaware Nursing Home Quality Residents Assurance Commission;

(15) one member from the United Way of Delaware; and

(16) staff support will be available through AARP.

The Task Force will report on its findings to the General Assembly no later than March 15, 2010 .

Section Section 1 of this Act appropriates funding and .5 ASF and .5 NSF position to the Department of Health and Social Services, Division of Aging and Adults with Physical Disabilities for a Home and Community-Based Services Ombudsman (HCBSO). This position will report directly to the State Long-Term Care Ombudsman and will serve as a principal point of contact for adult home and community-based consumers. The HCBSO will function as a mediator and facilitate conflict resolution relative to services for adults residing in home and community-based settings and/or receiving services from providers licensed to provide home and community-based services in the State of Delaware. In addition, the HCBSO will contribute to the development of state long-term care policy by means of sharing data, information, and funding from an array of home and community-based service system monitoring and related activities.

Section Amend 16 Del. C. § 1141(k) by inserting the word “not” between “shall” and “be”. Further amend 16 Del. C. § 1141(k) by deleting the last 2 sentences in its entirety.

Section Amend 16 Del. C. § 1145(n) by inserting the word “not” between “shall” and “be”. Further amend 16 Del. C. § 1145(n) by deleting the last 2 sentences in its entirety.

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 Rehabilitative Services (YRS) (37-05-00) with access to all appropriate computer systems. After July 1, 2009, the Director of the Office of Management and Budget 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 Director of the Office of Management and Budget and the Controller General.

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 operate a Drug Court Program with Family Court. In addition, 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, 2009, 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 (a) As a means of monitoring and continuing to improve the 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 Director of the Office of Management and Budget 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.

(b) The Department of Services for Children, Youth and Their Families shall report on a quarterly basis to the Controller General and Director of the Office of Management and Budget 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 $341.7 ASF 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 $113.3 ASF 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 Director of the Office of Management and Budget 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 29 Del. C. § 9015 (d). As the need for the over-hire provisions and the associated training authority is reduced, the Director of the Office of Management and Budget and the Controller General may eliminate 2.0 positions through attrition.

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 $1,237.9 for Pass Throughs. It includes:

Police Athletic League – Wilmington $ 78.2

Child Advocacy Center $831.1

People’s Place, Milford $ 68.0

The Brandywine Program $ 78.2

CHILD, Inc. $182.4

The recipient of said funds shall provide a quarterly report to the Director of the Office and Management and Budget, 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 If the quarterly average daily population at the New Castle County Detention Center is below 114, the Director of the Office of Management and Budget and the Controller General may reduce the number of casual seasonal or full time positions through attrition.

Section Notwithstanding the provisions of 29 Del. C. § 5916 (e)(3), staff who are employed by the Department of Services for Children, Youth and Their Families and are assigned to work in the Division of Youth Rehabilitative Services facilities shall continue to receive hazardous duty pay, subject to the approval of the Director of the Office of Management and Budget and the 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 Director of the Office of Management and Budget 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 60 positions will be made available to accommodate the class being trained. Funding is authorized to seed the first-time use of 30 of these 60 positions. In order to utilize these positions after the first-time use, and to use the remaining 30 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 23 FTEs will be made available to accommodate the class being trained. No funding will be authorized for these 23 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, Correctional Healthcare Services, Medical Treatment and Services (38-02-01). Of the total appropriation, $25.0 shall be used for the purpose of inmate hospice care.

Section The Department of Correction is authorized to contract for the procurement of health care services to the Department’s incarcerated population. For Fiscal Year 2010, the provisions of 29 Del. C. c. 69 shall not apply to such contracts.

Section The Department of Correction, Administration, Office of the Commissioner (38-01-01) shall provide a report to the members of the Joint Finance Committee, the Controller General and the Director of the Office of Management and Budget relating to bilingual medical services. For each institution, the report shall detail the number of bilingual staff maintained by the medical vendor and the number of inmates who require communication in another language or for whom English is a second language. The semi-annual reports shall be due by the end of October and March.

Section Section 1 of this Act appropriates $40.0 in Personnel Costs to the Department of Correction, Community Corrections, New Castle County Community Corrections (38-06-06) for the purpose of maintenance overtime costs at Riverview Cemetery. Implementation shall not commence until the City of Wilmington agrees to be financially responsible for tipping or hauling expenses associated with Riverview Cemetery.

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, and $23.1 for Operating Costs.

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.

Section Section 1 of this Act provides an appropriation for Personnel Costs to the Department of Correction, Prisons, James T. Vaughn 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.

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, Director of the Office of Management and Budget, 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 $4,381.0 to the Department of Correction, Correctional Healthcare Services, Medical Treatment and Services (38-02-01) for Drug and Alcohol Treatment Services; and $282.0 to the Department of Correction, Community Corrections, Bureau Chief - Community Corrections (38-06-01). 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 Director of the Office of Management and Budget 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 Director of the Office of Management and Budget 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 Director of the Office of Management and Budget 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, 4.0 ASF FTEs shall be assigned to the Department of Correction, Community Corrections, New Castle County Community Corrections (38-06-06) and 2.0 ASF FTEs in Department of Correction, Community Corrections, Kent County Community Corrections (38-06-08). 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 Director of the Office of Management and Budget 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 Community Corrections (38-06-08) - at least 5.0 positions, Community Corrections, Sussex County Community Corrections (38-06-07) - at least 3.0 positions and Community Corrections, New Castle County Community Corrections (38-06-06) - at least 2.0 positions.

(c) Section 1 of this Act also makes an appropriation for Contractual Services to Department of Correction, Community Corrections, Kent County Community Corrections (38-06-08).

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 Director of the Office of Management and Budget 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, as well as the Chief of Security and Inspections (BP #61023), in the Office of the Commissioner (38-01-01), and the Health Services Director (BP #85588) and Treatment Administrators (BP #67423 and 99247) in Medical Treatment and Services (38-02-01) shall be eligible for standby pay regardless of their classification.

Section For the upcoming fiscal year, the Videophones System Specialist in the Office of the Public Defender (15-02-01) shall work with the Department of Correction under the manager of the Research and Planning Unit within the Office of the Commissioner to continue a pilot Distance Learning Program for persons supervised in Level V facilities, employee development and telemedicine. The Department shall submit an annual report on distance learning including pilot project recommendations to the Director of the Office of Management and Budget and the Controller General.

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 Director of the Office of Management and Budget and the Controller General no later than January 1 of each fiscal year. No change shall be made to the security status of the facility without the prior approval of the Director of the Office of Management and Budget and the Controller General.

Section Section 1 of this Act appropriates $64.0 in Contractual Services to Department of Correction, Probation and Parole (38-06-02). These funds shall be used to support reentry services provided by The Way Home.

Section Section 1 of this Act appropriates $47,891.4 to the Department of Correction, Correctional Healthcare Services, Medical Treatment and Services (38-02-01). The Department of Correction shall provide quarterly reports relating to medical vendor performance to the Chairs of the Joint Finance Committee, the Chairs of the House and Senate Correction Committees, the Controller General and the Director of the Office of Management and Budget. Reports shall include, but not be limited to, medical staffing levels, overall performance and plans for improvement.

NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

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 appropriates 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 (40-01-04).

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 (a) Notwithstanding the provisions of 7 Del. C. § 6042(c), Section 1 of this Act appropriates .5 ASF FTE Ombudsman to the Department of Natural Resources and Environmental Control, Office of the Secretary (40-01-01) to be funded through the Community Environmental Fund.

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

Section Section 1 of this Act appropriates funding to Fish and Wildlife, Wildlife/Fisheries (40-05-02) for the Deer Damage Assistance Program. This funding includes Personnel Costs and 1.0 FTE for an Environmental Scientist III, $61.5 in Contractual Services for butchering fees, seminars and deer school.

Section Section 1 of this Act authorizes Fish and Wildlife, Wildlife/Fisheries (40-05-02) to spend up to $4,284.5 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 Director of the Office of Management and Budget and the Controller General.

Section (a) Pursuant to 7 Del. C. c. 17, it is the intent of the General Assembly that the contract for statewide dog control with Kent County SPCA, or its successor, shall be extended to December 31, 2009. During the extended contract period, the department shall maintain all administrative responsibilities for the statewide dog control program.

(b) Until December 31, 2009, the department shall continue to sell dog licenses using the existing fee structure and may retain up to $25.0 in special fund revenue to administer the program. The remaining revenue collected from the sale of dog licenses shall be applied towards the statewide contractual obligation. The remaining contractual obligation shall be borne by the counties in a prorated amount as previously determined by negotiations. Each county shall pay its obligation for the contract extension by July 31, 2009.

(c) It is the intent of the General Assembly that the department shall work with the counties to transfer full authority and control of the statewide dog control program no later than December 31, 2009. Any dog license purchased from the department shall remain valid through the expiration date noted, upon which a county license shall be purchased.

Section Section 1 of this Act makes an appropriation 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 four casual/seasonal enforcement officers to patrol the inland bays.

Section Section 1 of this Act appropriates 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.

Section Section 1 of this Act makes an appropriation 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 Section 1 of this Act makes an appropriation to the Department of Natural Resources and Environmental Control, Parks and Recreation, Operations and Management (40-06-02). 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 $0.1 for Travel.

Section Section 1 of this Act makes an appropriation to the Division of Parks and Recreation, Wilmington State Parks (40-06-05). Of this amount, $35.0 shall be used for monument and general maintenance within the parks, including the maintenance of war memorials and ball fields.

Section Section 1 of this Act provides an appropriation and 1.0 FTE to the Division of Parks and Recreation, Wilmington Parks (40-06-05) to fund a Park Technician II. This position shall be dedicated primarily to the South Park Drive area and the Brandywine Zoo with additional duties throughout Wilmington State Parks.

Section Section 1 of this Act makes an appropriation to Soil and Water Conservation, District Operations (40-07-04) for Contractual Services. Of that amount, $180.0 shall be used for additional field staff personnel for the preparation of nutrient management plans.

Section 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 $42.5 shall be used to support the Partnership for the Delaware Estuary.

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, $245.0 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 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 that amount, $1.0 shall be set aside for the Environmental Science Scholarship program.

Section Section 1 of this Act appropriates $122.6 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 $82.9 and the Inland Bays Citizen Monitoring Program in the amount of $39.7. In addition, $211.1 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 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 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. 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 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). Funds to address orphan underground storage tank (UST) system removal and any remediation of any resulting contamination from UST systems will be established pursuant to the annual expenditure plan for the HSCA Cleanup Fund as required under 7 Del. C § 9104(c)(2). The term orphan UST system shall be defined by the Department’s Fund for the Inability to Rehabilitate Storage Tanks (FIRST) Fund policy and include but not be limited to, situations where the tank owner or responsible party has shown to the satisfaction of the Department that they do not have the ability to pay for the necessary UST system removal and the remediation of any contamination. In such case, the Department shall not seek cost recovery of the funds expended under the HSCA fund.

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 the Office of Management and Budget in accordance with the Merit System, 29 Del. C. c. 59.

Section The General Assembly herein acknowledges that certain programs within the Department are funded all or in part by fee-based revenues. At least every five years the Secretary shall perform a periodic review of fees assessed and collected by the Department to determine the revenue sufficiency of the fees and programs they support.

The review shall identify program elements that are funded through fees and other sources and shall include an evaluation of effectiveness and efficiency. The review may include but is not limited to, identification of operational changes that improve efficiency and effectiveness of operations and reduce costs. The Secretary shall appoint a peer review team consisting of individuals familiar with the program under review and provide them an opportunity for comment on the Department’s findings.

Any changes in fees that require the approval of the General Assembly shall be submitted by the Department as part of the annual budgetary process.

SAFETY AND HOMELAND SECURITY

Section The Department of Safety and Homeland Security is hereby authorized to continue funding its share of the existing 40 patrol officers that have been established through agreements between State Police (45-06-00) and Sussex County Council through the end of Fiscal Year 2009.

The prescribed establishment of 4.0 patrol officers during Fiscal Year 2010 shall be delayed until financial conditions improve. State Police will be authorized to establish these patrol officers as well as all additional patrol officers that are called for through the terms of the agreement as funding becomes available through the normal budgetary process.

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 these agreements. In the event that the aforementioned agreements between State Police and Sussex County Council are terminated, this authority shall be deauthorized.

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 Director of the Office of Management and Budget 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 Director of the Office of Management and Budget 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 Director of the Office of Management and Budget 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 The Department of Safety and Homeland Security, Office of the Secretary, Administration (45-01-01) shall maintain an overtime expenditure report tracking the overtime usage of Capitol Police (45-02-10). This report shall include the number of overtime hours worked as a result of normal operating demand, the number of overtime hours worked as a result of special events demand, the amount of overtime expenditures, and a detailed justification for the usage of the overtime hours. This report shall be submitted to the Director of the Office of Management and Budget and the Controller General on a quarterly basis.

Section Section 1 of this Act appropriates Personnel Costs and 3.0 Traffic Light Enforcement FTEs in Safety and Homeland Security, State Police, Traffic (45-06-07). The source of the funding shall be from revenues generated as a result of the Red Light Enforcement Safety Program within the Department of Transportation.

Section Section 1 of this Act appropriates $20.0 in Contractual Services to Developmental Disabilities Council (45-01-50) for the Partners in Policymaking Program.

Section Section 1 of this Act includes Personnel Costs and 7.0 ASF FTEs; $58.6 ASF in Contractual Services; and $148.2 ASF in Supplies and Materials in the Department of Safety and Homeland Security, State Police, Traffic (45-06-07) for the personnel and operating costs associated with the Truck Enforcement Unit (TEU) to be funded through the Department of Transportation. Any additional enhancements that are made to the TEU to remain in compliance with Title 23, Code of Federal Regulations Part 657, shall occur through the annual budgetary process.

Section Notwithstanding the provisions of 16 Del. C. § 10104, the Department of Safety and Homeland Security shall disburse funds from the E-911 Emergency Reporting System Fund to cover rent obligations at statewide 911 answering points. An annual report on the E-911 Emergency Reporting System Fund shall be submitted to the Director of the Office of Management and Budget and Controller General no later than September 15th of each year identifying prior year revenue and expenditures, and forecasted revenue and expenditures for the current and upcoming three fiscal years.

Section The Department of Safety and Homeland Security shall transfer $107.3 into appropriation 10-02-32-8484 (Disability Insurance Program) as a result of the passage of Senate Bill 304 of the 144th General Assembly.

Section Section 1 of this Act includes $40.0 ASF in Supplies and Materials in State Police, Training for the purpose of recovering costs associated with providing meals to recruits at the State Police Academy.

Section Section 1 of this Act includes $160.0 ASF in Personnel Costs in State Police, Patrol for the purpose of recovering costs associated with providing patrol services at the State Fair.

Section Amend 20 Del. C. § 3107A. by deleting the section in its entirety, and inserting in lieu thereof the following new section:

“3107A. The State Emergency Management Fund

The State Emergency Management Fund is established to provide DEMA with funds to manage natural and man-made disasters when federal funds are not available or when matching funds are required to receive federal funds. The fund may be used to make purchases of life saving or life sustaining equipment; pay for costs associated with the activation of the State Emergency Operations Center; pay for Delaware National Guard costs when deployment is authorized by the Governor; and reimburse state and local employees for travel costs associated with a deployment under the Emergency Management Assistance Compact (EMAC) for authorized missions that will be fully reimbursed by the requesting states. As the requesting states provide reimbursement, funds will be deposited back into the Fund.”

Section (a) Section 1 of this Act includes Personnel Costs and 2.0 ASF FTEs Forensic Chemists in State Police, Criminal Investigation (45-06-04). These positions and their associated funding have been reallocated to reflect the use of revenue generated by increases in the DUI conviction fees to pay for their Personnel Costs.

(b) Notwithstanding any provision of the Delaware Code to the contrary, the first $159.1 generated by the State for DUI fine revenue in accordance with 21 Del. C. c. 41 shall be deposited into an ASF account in State Police, Criminal Investigation and be used to pay for the Personnel Costs associated with the 2.0 ASF FTEs Forensic Chemists. Any additional DUI fine revenue generated shall be deposited to the General Fund.

(c) Should House Bill 152 or similar legislation increasing the DUI conviction fees not be enacted by the 145th General Assembly by July 1, 2009, the Office of Management and Budget, subject to the approval of the Office of the Controller General, shall be authorized to increase the General Fund FTE complement of State Police, Criminal Investigation (45-06-04) by 2.0 FTEs. Additionally the Personnel Costs associated with the 2.0 Forensic Chemists shall be covered by contingency funds within the Office of Management and Budget.

Section (a) Section 1 of this Act includes Personnel Costs and 2.0 ASF FTEs Sex Offender Registry Agents in State Police, State Bureau of Identification (45-06-08). These positions and their associated funding have been reallocated to reflect using revenue generated by the establishment of a Sex Offender Registry Fee to pay for their Personnel Costs.

(b) Should legislation establishing the Sex Offender Registry Fee not be enacted by the 145th General Assembly by July 1, 2009, the Office of Management and Budget, subject to the approval of the Office of the Controller General, shall be authorized to increase the General Fund FTE complement of State Police, State Bureau of Identification (45-06-08) by 2.0 FTEs. Additionally the Personnel Costs associated with the 2.0 Sex Offender Registry Agents shall be covered by contingency funds within the Office of Management and Budget.

TRANSPORTATION

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 $1,320.5 TFO to Finance (55-01-02) for Contractual Services. 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 $1,337.1 TFO to Planning (55-03-01) for Contractual Services.

(a) Of this amount, $50.0 shall be used for infrastructure research and forums through the University of Delaware, Institute for Public Administration. An additional $50.0 shall be allocated for the purposes set forth in this Section to be funded from eligible Federal Funds. The activities funded by this appropriation shall be approved by the Secretary of the Department of Transportation.

(b) Of this amount, $250.0 shall be used for the purposes of funding research programs of the

Delaware 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 Section 1 of this Act makes an appropriation in the amount of $60,197.6 TFO to Maintenance and Operations, Maintenance Districts (55-04-70) and $18,915.9 TFO to Maintenance and Operations, Toll Administration (55-04-90).

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

Line Item

Toll

Operations

Maintenance

E-ZPass

Total All

I-95

SR-1

Personnel Costs

3,250.5

3,992.9

8,128.5

 

15,371.9

Travel