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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1969
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1970
PART I
VOLUME LVII
CHARLES PRINTING CO.. WILMINGTON, DELAWARE
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 57 - Part 1 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Charles Printing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-FIFTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 7, A. D. 1969 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A. D. 1970 PART I VOLUME LVII CHARLES PRINTING CO.. WILMINGTON, DELAWARE LAWS OF DELAWARE CHAPTER 1 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE SECRETARY OF STATE. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $14,220 is appropriated to the Sec-retary of State for the fiscal year ending June 30, 1969, to be expended for the salaries and wages of 7 additional employees in the Corporation Department. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware, not otherwise appropriated. Section 3. Any money appropriated herein and unex-pended shall revert to the General Fund of the State of Dela-ware on June 30, 1969. Approved January 22, 1969. 2 CHAPTER 2 AN ACT RELATING TO A PENSION FOR NORMAN A. ESKRIDGE, A FORMER MEMBER OF THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE. WHEREAS, Norman A. Eskridge was a member of the General Assembly of the State of Delaware for a period of fourteen years ; and WHEREAS, the State Employees' Pension Plan, set forth in Chapter 25 of Title 29 of the Delaware Code of 1953, as amended, does not provide for pension benefits for Norman A. Eskridge ; and WHEREAS, Norman A. Eskridge is deserving of consid-eration of a state employee's pension because of unusual and unfortunate circumstances ; and WHEREAS, Norman A. Eskridge should receive pension benefits under the State Employees' Pension Plan for the long and loyal service he has rendered to the State of Delaware; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The State Treasurer is directed to accept the application of Norman A. Eskridge for pension benefits under the State Employees' Pension Plan, set forth in Chapter 55 of Title 29 of the Delaware Code of 1953, as amended, and is fur-ther directed to determine that the said Norman A. Eskridge shall be eligible for the minimum pension benefits as set forth in Section 5523 of Title 29 of any other provisions of Chapter 55 of Title 29 of the Delaware Code of 1953, as amended, not-withstanding. Approved January 23, 1969. CHAPTER 3 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE GOVERNOR OF THE STATE OF DELAWARE FOR THE PURPOSE OF EMPLOYING A LEGAL AD-VISOR AND THE NECESSARY SECRETARIAL HELP. WHEREAS, the Executive Director of the Legislative Reference Bureau is appointed by and serves at the pleasure of the Governor ; and WHEREAS, members of the General Assembly from time to time have occasion to call upon the Executive Director ; and WHEREAS, the Executive Director cannot serve two masters simultaneously ; and WHEREAS, it is desirous that the Executive Director be responsive only to the members of the General Assembly ; and WHEREAS, the Executive Director has heretofore pro-vided the legal services necessary to the Governor of the State of Delaware; and WHEREAS, it is the intention of the General Assembly to place the Executive Director and the Legislative Reference Bureau under the General Assembly, thereby taking away from the Governor his legal advisor; and WHEREAS, it is desirable that the Governor have his own legal advisor to serve upon his request and at his pleasure ; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $13,500 is hereby appropriated to the Governor of the State of Delaware for the fiscal year end-ing June 30, 1969 to authorize and permit the Governor to ap-point a legal advisor and the necessary secretarial help, to be 3 4 Chapter 3 appointed by and serve at the pleasdre of the Governor. Said supplementary appropriation shall also cover the acquisition of necessary equipment and supplies for said legal advisor and the secretarial help. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treas-urer out of funds in the General Fund of the State of Delaware, not otherwise appropriated. Section 3. Any money appropriated herein and unex-pended shall revert to the General Fund of the State of Dela-ware on June 30, 1969. Approved January 23, 1969. CHAPTER 4 AN ACT TO AMEND CHAPTER 13, TITLE 29, DELAWARE CODE, RELATING TO REORGANIZATION OF THE LEGISLATIVE REFERENCE BUREAU. Be it enacted by the General Assembly of the State of Delct-ware: Section 1. Section 1301 (b), Title 29, Delaware Code, is amended by striking the words "the Governor" as they appear in the first line of said subsection (b). Section 2. Section 1304 (a), Title 29, Delaware Code, is amended by striking the word "Governor" as it appears in the first line of said section, and inserting in lieu thereof, the word "Bureau." Section 3. Section 1304 (a), Title 29, Delaware Code, is amended by striking the word "Governor" as it appears in the third line of said section, and inserting in lieu thereof, the word "Bureau." Approved January 24, 1969. 5 6 CHAPTER 5 AN ACT TO AMEND CHAPTER 189, VOLUME 56, LAWS OF DELAWARE, BY EXTENDING THE TIME WHEN THE CONSTITUTIONAL REVISION COMMISSION SHALL SUBMIT ITS REPORT AND PROVIDING FOR ADDITIONAL SERVICES OF SAID COMMISSION. Be it enacted by the General Assembly of the State of Dela-ware: WHEREAS, the Constitutional Revision Commission, cre-ated on December 28, 1967, by Chapter 189, Volume 56, Laws of Delaware, has been duly chosen; and WHEREAS, said Commission has been engaged in their assigned constitutional revision for most of the year 1968; and WHEREAS, said Commission has found need for an addi-tional ninety (90) days to more adequately complete its task; and WHEREAS, the Members of said Commission are desirous of knowing the wishes of the members of the General Assembly in regard to their responsibilities in the presentation of their report and the time limit of their tenure as Commissioners ; NOW, THEREFORE: Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Amend Chapter 189, Volume 56, Laws of Dela-ware, by striking out the date "January 10, 1969" where it appears and inserting in lieu thereof the date "April 10, 1969." Section 2. Further amend Chapter 189, Volume 56, Laws of Delaware, by adding thereto a new section No. 6 to read as follows: Chapter 5 Section 6. The members of the Constitutional Revision Commission are directed by the General Assembly to assist in the explanation and enactment of their report, either as a Commission or as individual members, by making themselves available to the General Assembly for a period of one year after the submission of their report. Approved January 31, 1969. 8 CHAPTER 6 AN ACT TO AMEND CHAPTER 11, TITLE 14, DELAWARE CODE RELATING TO CHANGE IN BOUNDARIES OF SPECIAL SCHOOL DISTRICTS AND SCHOOL DIS-TRICTS. WHEREAS, it has been determined that certain minor school district boundary changes in some rural areas of the State may become advisable before the district consolidation provisions of the Educational Advancement Act are promul-gated, to insure the safety and well-being of the school children affected ; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 1106, Chapter 11, Title 14, Delaware Code, is hereby repealed and the following new Section 1106 is enacted in lieu thereof: § 1106. Procedure for changing special school district bound-aries Before the boundaries of a Special School District shall be changed, not fewer than 25 per cent of the number of qualified voters, as defined under Section 314 of this title, and the provisions of Sections 315 and 316 of this title, within the territory to be added to or taken from such Special School District, shall request over their signatures that the State Board of Education change the boundaries. Following consul-tation with the School Boards of the districts affected by the proposed change, the decision of the State Board of Education with respect to any such transfer request shall be final. All obligations of the original district evidenced by bonds shall be prorated based on the ratio of the assessed value of the property within the territory transferred to the total assessed value of the property within the district and such share of the obligations at the time of transfer shall be paid by the transferee district on or before November 1 of each Chapter 6 9 year until such bonds and interest thereon are paid in full. The State Board of Education shall furnish a schedule of payments to each district affected. Section 2. Section 1107, Chapter 11, Title 14, Delaware Code, is hereby repealed and the following new Section 1107 is enacted in lieu thereof : § 1107. Procedure for changing school district boundaries Before the boundaries of a School District shall be changed, not fewer than 25 per cent of the number of qualified voters, as defined under Section 314 of this title, and the pro-visions of Sections 315 and 316 of this title, within the territory to be added to or taken from such School District, shall request over their signatures that the State Board of Education change the boundaries. Following consultation with the School Boards of the districts affected by the proposed change, the decision of the State Board of Education with respect to any such trans-fer request shall be final. All obligations of the original district evidenced by bonds shall be prorated based on the ratio of the assessed value of the property within the territory transferred to the total assessed value of the property within the district, and such share of the obligations at the time of transfer shall be paid by the transferee school district on or before November 1 of each year until such bonds and interest thereon are paid in full. The State Board of Education shall furnish a schedule of pay-ments to each district affected. Section 3. The provisions of, and procedures prescribed within, Sections 1 and 2 hereof shall terminate on June 30, 1969, after which the appropriate provisions of the Educa-tional Advancement Act (H.B. 438-1968) shall prevail. Approved January 31, 1969. 10 CHAPTER 7 AN ACT RELATING TO A PENSION FOR THOMAS N. STAYTON, A FORMER EMPLOYEE OF THE STATE OF DELAWARE. WHEREAS, Thomas N. Stayton was employed by the Game and Fish Commission as a faithful public servant for many years ; and WHEREAS, the present law does not provide for pension benefits for Thomas N. Stayton; and WHEREAS, Thomas N. Stayton is deserving of considera-tion of a state pension because of unusual circumstances; and WHEREAS, Thomas N. Stayton should receive pension benefits for the long service rendered to the State of Delaware ; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The State Treasurer is directed to accept the application of Thomas N. Stayton for a Service Pension in accordance with the Pension Act of the State of Delaware, and further directed to determine the said Thomas N. Stayton to be eligible for said pension. Approved January 31, 1969. CHAPTER 8 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE TO PROVIDE FOR THE ESTABLISHMENT OF INTER-IM BOARDS OF EDUCATION FOR PROPOSED SCHOOL DISTRICTS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Amend Delaware Code, Title 14, Chapter 10, Subchapter III, by adding to that subchapter a new section to read as follows : § 1068. Interim Boards of Education for proposed school dis-tricts, 1969 On or before March 1, 1969 but following the an-nouncement a the final plan for the reorganization of school districts as required in section 1004 (c) of this Title but not later than March 5, 1969, an interim Board of Education shall be created in each proposed school district, which is to be com-posed of more than one component former school district, or a part of a high school district. This Board shall be composed of a membership patterned after that of the proposed district as it will exist on July 1, 1969. In those cases where whole Boards are to be included, the whole incumbent Board shall serve on the interim Board. In those cases where one member of a Board is to serve on the reorganized school district Board, that mem-ber shall be designated by the incumbent Board of the com-ponent former school district. In any case where vacancies oc-cur on such interim Board for any reason, it shall be filled in accordance with existing laws by the incumbent Board of the component former school district. In any case where an existing school district is to become a reorganized school district without a change of its boundaries, the incumbent Board shall serve also as the interim Board. The interim Board herein described shall have all the powers of a Board of Education for a reorganized district as 11 12 Chapter 8 set forth in this Title as these powers refer to a proposed re-organized school district. In establishing an interim Board of Education, the Secretary of the State Board of Education shall notify the sec-retaries of the Boards of Education and Boards of School Trus-tees in the State of Delaware, concerning the necessity for such action and shall in this same notification set the dates on which such interim Board shall be convened and designate the person responsible to serve as temporary chairman for purposes of swearing in the members of the Board, according to the oath of office set forth in section 1053 of this title and for the or-ganization of the interim Board. The interim Board is by this Act discharged on July 1, 1969 and all records of the interim Board shall be turned over to the Board of the reorganized district. Approved February 3, 1969. CHAPTER 9 AN ACT TO PERMIT THE BOARD OF TRUSTEES OF THE JOHN DICKINSON SCHOOL DISTRICT No. 133 TO TRANSFER CERTAIN FUNDS FROM ITS LOCAL DEBT SERVICE ACCOUNT TO ITS SCHOOL CONSTRUCTION ACCOUNT. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all Members elected to each House thereof concurring therein): Section 1. The Board of Trustees of the John Dickinson School District No. 133 is authorized to transfer the sum of $125,000 from its local Debt Service Accounts to its School Construction Account. The sums transferred are to be used for payment of an increase in the local district share to cover the increased cost of construction of an addition and improvements to the Dickinson High School and additional facilities for McKean High School as authorized by House Bill No. 267, House Amendment No. 1 and Senate Amendments Nos. 1, 2 and 3 as it appears in Chapter 121, Volume 56, Laws of Dela-ware. Approved March 19, 1969. /3 14 CHAPTER 10 AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO THE DELAWARE STATE BOARD OF CORRECTION. Be it enacted by the General Assembly of the State of Delet-ware: Section 1. In addition to other sums previously appro-priated, the sum of $390,000 is appropriated to the Delaware State Board of Correction for the fiscal year ending June 30, 1969, to be expended for the purpose of defraying construction of the new Board of Correction facilities at Smyrna. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware. Section 3. All sums not expended by the Board of Correc-tion shall be returned to the General Fund. Approved March 19, 1969. CHAPTER 11 AN ACT TO AMEND TITLE 22, DELAWARE CODE, EN-TITLED "MUNICIPALITIES" BY ADDING THERETO A NEW CHAPTER 9 AUTHORIZING CITIES WITH A POPULATION IN EXCESS OF 50,000 PERSONS TO EN-ACT A TAX ON INCOME OF ITS RESIDENTS; AND A TAX ON THE INCOME OF NON-RESIDENTS ENGAGED IN ANY OCCUPATION, BUSINESS OR PROFESSION WITHIN THE CITY. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Title 22, Delaware Code, is amended by the addition thereto of a new Chapter 9 to read as follows : CHAPTER 9 MUNICIPAL USER TAX §901. Authority to levy, assess and collect tax Any municipality of this State with a population in excess of 50,000 persons is hereby authorized to levy, assess and col-lect a tax for general revenue purposes on earned income of its residents and on any income earned within the city by persons not residing within such city but engaged or employed in any business, profession or occupation within such city. Limitations Any tax assessed within the provisions of this tax shall not exceed 1 per cent of the income of residents of such city per annum ; and 1 per cent of the income of non-residents earned within the city per annum. Income; definition "Income" means the total income from whatever source earned by any resident of such city; and the total income earned within such city by any non-resident of the city. 15 16 Chapter 11 § 904. Regulations Each such municipality is authorized to promulgate and enforce such regulations as it deems necessary for the assess-ment, collection and enforcement of such tax. Severability The provisions of this Act are severable and should any portion of this Act be declared to be invalid for any reason the remaining portions shall continue to be valid and enforceable. Suit in Superior Court Any such municipality which adopts the provisions of this Act is in addition to all other means of enforcement available authorized to bring suit in the Superior Court of the county in which such city is located. This Act shall be effective for the fiscal years 1969-70 and 1970-71 and shall not be effective for any ensuing fiscal year, except for collection and enforcement as to the aforesaid fiscal years. Approved March 31, 1969. , CHAPTER 12 AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF AGRICULTURE FOR TREATMENT OF THE INFESTED FIELDS. WHEREAS, Golden Nematode, the most serious pest threat-ening the American potato industry, has been found on a potato farm in New Castle County; and WHEREAS, approximately 8,500 acres of potatoes, mak-ing up a six million dollar industry, and also a large acreage of tomatoes is threatened by this pest in Delaware ; and WHEREAS, emergency action has been taken to prevent the spread from the infested area ; and WHEREAS, a coordinated Federal-State program of sur-veying certain farms and the immediate treatment of the in-fested fields has been developed with the cost to be shared on equal State-Federal basis. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $150,000 is appropriated to State Board of Agriculture for the fiscal year ending June 30, 1969. Section 2. This Act is a supplementary appropriation and the money appropriated shall be used for the treatment of the infested fields and be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not other-wise appropriated. Section 3. Any money appropriated herein and unex-pended shall revert to the General Fund of the State of Dela-ware on June 30, 1970. Approved April 1, 1969. 17 18 CHAPTER 13 AN ACT TO PERMIT GEORGETOWN SPECIAL SCHOOL DISTRICT TO TRANSFER CERTAIN FUNDS FROM ITS LOCAL DEBT SERVICE TO ITS 1969 MINOR CAP-ITAL IMPROVEMENT ACCOUNT. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all Members elected to each House thereof concurring therein): Section 1. Georgetown Special School District is author-ized to transfer the sum of $4,000 from its local debt service to its 1969 Minor Capital Improvement Account, the funds transferred to be used to implement its 1969 Minor Capital Improvement program. Approved April 6, 1969. CHAPTER 14 AN ACT TO AMEND TITLE 1, DELAWARE CODE, PER-TAINING TO THE DESIGNATION OF LEGAL HOLI-DAYS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 501, Title 1, Delaware Code, is repealed and a new section is enacted to read as follows: § 501. Designation The following days shall be legal holidays in this State: the first of January, known as New Year's Day; the first Mon-day in February, known as Lincoln's Birthday; the third Mon-day in February, known as Washington's Birthday ; Good Fri-day; the last Monday in May, known as Memorial Day ; the fourth of July, known as Independence Day; the first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day ; the fourth Monday in Octo-ber, known as Veterans Day ; the fourth Thursday in Novem-ber, known as Thanksgiving Day ; the twenty-fifth of Decem-ber, known as Christmas; Saturdays; the day of the General Election as it biennially occurs ; and in Sussex County, Return Day, the second day after the General Election, after 12:00 noon. If any of the legal holidays fall on Sunday, the Monday following shall be a legal holiday. If any of the legal holidays other than Saturday fall on Saturday, the Friday preceding shall be a legal holiday. Section 2. This Act shall become effective on January 1, 1971. Approved April 3, 1969. 19 20 CHAPTER 15 AN ACT TO AMEND CHAPTER 171, VOLUME 54, LAWS OF DELAWARE, ENTITLED "AN ACT TO PROVIDE FOR THE ENLARGEMENT AND IMPROVEMENT OF THE SYSTEM OF FREE PUBLIC SCHOOLS OF DELAWARE; APPROPRIATING MONEY FOR SAID PURPOSE; AUTHORIZING THE FINANCING OF SUCH ENLARGE-MENT AND IMPROVEMENT BY THE ISSUANCE OF BONDS AND BOND ANTICIPATION NOTES OF THE STATE AND BY CONTRIBUTIONS FROM CERTAIN SCHOOL DISTRICTS, AND THE CITY OF WILMING-TON, DEFINING SCHOOL DISTRICTS; AUTHORIZING THE ISSUANCE OF BONDS OF CERTAIN SCHOOL DISTRICTS AND THE CITY OF WILMINGTON FOR THE PURPOSE OF RAISING MONEY TO MAKE SUCH CONTRIBUTIONS; AND AUTHORIZING THE ACCEPT-ANCE OF FEDERAL FUNDS FOR BUILDING PUR-POSES AND CREATING LOCAL SCHOOL BUILDING COMMISSIONS" BY REDUCING THE AMOUNTS OF MONEYS APPROPRIATED AND AUTHORIZED TO BE BORROWED. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all Members elected to each House thereof concurring therein): Section 1. Chapter 171, Volume 54, Laws of Delaware, is amended by striking out the words and figures "forty million six hundred and one thousand and two hundred and fifteen dollars ($40,601,215)" where they appear therein and insert-ing in lieu thereof the words and figures "thirty-nine million, two hundred and twenty-eight thousand and fifteen dollars ($39,228,015)." Section 2. Section 13, Chapter 171, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Bridgeville 220 under the heading "Maximum Total Cost" from $247,000 to $200,000 and under the heading "Maximum State Share" from $247,000 to $200,000 and chang-ing the totals accordingly. Chapter 15 21 Section 3. Section 13, Chapter 171, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Claymont Special under the heading "Maximum Total Cost" from $725,000 to $0, under the heading "Maximum State Share" from $435,000 to $0, under the heading "Maxi-mum Local Share" from $290,000 to $0, and changing the totals accordingly. Section 4. Section 13, Chapter 171, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Delmar 163 under the heading "Maximum Total Cost" from $14,000 to $0, under the heading "Maximum State Share" from 88,400 to $0, and under the heading "Maximum Local Share" from $5,600 to $0, and changing the totals accord-ingly. Section 5. Section 13, Chapter 171, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Greenwood 222 under the heading "Maximum Total Cost" from $200,000 to $0, and under the heading "Maxi-mum State Share" from $200,000 to $0, and changing the totals accordingly. Section 6. Section 13, Chapter 171, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Houston 125 under the heading "Maximum To-tal Cost" from $17,000 to $0, under the heading "Maximum State Share" from $10,200 to $0, and under the heading "Maxi-mum Local Share" from $6,800 to $0, and changing the totals accordingly. Section 7. Section 13, Chapter 171, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Milton 8 under the heading "Maximum Total Cost" from $982,000 to $0, under the heading "Maximum State Share" from $589,200 to $0, and under the heading "Maximum Local Share" from $392,800 to $0, and changing the totals accordingly. Section 8. Section 13, Chapter 171, Volume 54, Law of Delaware, is amended by changing the amounts opposite the 22 Chapter 15 school district Odessa 61 under the heading "Maximum Total Cost" from $139,000 to $0, under the heading "Maximum State Share" from $83,400 to $0, and under the heading "Maximum Local Share" from $55,600 to $0, and changing the totals ac-cordingly. Approved April 6, 1969. CHAPTER 16 AN ACT TO AMEND CHAPTER 384, VOLUME 54, LAWS OF DELAWARE, ENTITLED "AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EX-PENDITURES IN THE NATURE OF CAPITAL IN-VESTMENTS AND FOR IMPROVEMENTS TO THE PUBLIC SCHOOL SYSTEM OF THE STATE AND TO ISSUE BONDS AND NOTES THEREFOR, AND APPRO-PRIATING THE MONEY BORROWED TO VARIOUS AGENCIES OF THE STATE" BY REDUCING THE AMOUNTS OF MONEYS APPROPRIATED AND AUTH-ORIZED TO BE BORROWED." Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all Members elected to each House thereof concurring therein): Section 1. Chapter 384, Volume 54, Laws of Delaware, is amended by striking out the words and figures "Twenty-four Million, Seven Hundred ninety-eight thousand, sixty dollars ($24,798,060)" as they appear therein and inserting in lieu thereof the words and figures "Twenty-two Million, Eight Hun-dred thirty-one thousand, six hundred dollars ($22,831,600)". Section 2. Chapter 384, Volume 54, Laws of Delaware, is amended by striking out the figures "7,613,060" as they appear therein and inserting in lieu thereof the figures "5,646,600" and changing the totals accordingly. Section 3. Section 7, Chapter 384, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Felton #54 under the heading "Maximum Total Cost" from $15,000 to $0, under the heading "Maximum State Share" from $9,000 to $0, and under the heading "Maximum Local Share" from $6,000 to $0, and changing the totals ac-cordingly. Section 4. Section 7, Chapter 384, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Delmar Public School #163 under the heading "Maximum Total Cost" from $45,000 to $0, under the heading 23 24 Chapter 16 "Maximum State Share" from $27,000 to $0, and under the heading "Maximum Local Share" from $18,000 to $0, and changing the totals accordingly. Section 5. Section 7, Chapter 384, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Magnolia School #50 under the heading "Maxi-mum Total Cost" from $7,500 to $0, under the heading "Maxi-mum State Share" from $4,500 to $0, and under the heading "Maximum Local Share" from $3,000 to $0, and changing the totals accordingly. Section 6. Section 7, Chapter 384, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Rehoboth Special under the heading "Maximum Total Cost" from $15,000 to $0, under the heading "Maxi-mum State Share" from $9,000 to $0, and under the heading "Maximum Local Share" from $6,000 to $0, and changing the totals accordingly. Section 7. Section 7, Chapter 384, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Wm. C. Jason High under the heading "Maxi-mum Total Cost" from $350,000 to $0, and under the heading "Maximum State Share" from $350,000 to $0, and changing the totals accordingly. Section 8. Section 7, Chapter 384, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district Stanton #38 under the heading "Maximum Total Cost" from $2,787,600 to $1,846,000, under the heading "Maxi-mum State Share" from $1,672,560 to $1,107, 600, and under the heading "Maximum Local Share" from $1,115,040 to $738,400, and changing the totals accordingly. Section 9. Section 7, Chapter 384, Volume 54, Laws of Delaware, is amended by changing the amounts opposite the school district De La Warr #47 under the heading "Maximum Total Cost" from $1,670,000 to $0, under the heading "Maxi-mum State Share" from $1,002,000 to $0, and under the head-ing "Maximum Local Share" from $668,000 to $0, and chang-ing the totals accordingly. Approved April 6, 1969. CHAPTER 17 AN ACT TO AMEND CHAPTER 171, VOLUME 54, LAWS OF DELAWARE, ENTITLED AN ACT TO PROVIDE FOR THE ENLARGEMENT AND IMPROVEMENT OF THE SYSTEM OF FREE PUBLIC SCHOOLS OF DELA-WARE; APPROPRIATING MONEY FOR SAID PUR-POSE; AUTHORIZING THE FINANCING OF SUCH ENLARGEMENT AND IMPROVEMENT BY THE ISSU-ANCE OF BONDS AND BOND ANTICIPATION NOTES OF THE STATE AND BY CONTRIBUTIONS FROM CERTAIN SCHOOL DISTRICTS, AND THE CITY OF WILMINGTON, DEFINING SCHOOL DISTRICTS; AUTHORIZING THE ISSUANCE OF BONDS OF CER-TAIN SCHOOL DISTRICTS AND THE CITY OF WIL-MINGTON FOR THE PURPOSE OF RAISING MONEY TO MAKE SUCH CONTRIBUTIONS; AND AUTHORIZ-ING THE ACCEPTANCE OF FEDERAL FUNDS FOR BUILDING PURPOSES AND CREATING LOCAL SCHOOL BUILDING COMMISSIONS. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all Members elected to each House thereof concurring therein): Section 1. That Chapter 171, Volume 54, Laws of Dela-ware, is amended by adding at the end thereof a new section to be numbered 39 and to read as follows: Section 39. The School Building Commission of Marshall-ton 77 is hereby authorized to expend $11,986.53 for the acqui-sition of 2.1029 acres in connection with the school construc-tion program previously approved by the State Board of Edu-cation, any other provisions of this Act to the contrary not-withstanding. Approved April 6, 1969. 25 26 CHAPTER 18 AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IM-PROVEMENTS AND EXPENDITURES AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIAT-ING THE MONIES TO THE STATE BOARD OF EDU-CATION. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all Members elected to each House thereof concurring therein): Section 1. There is appropriated to the State Board of Education the sum of $180,000, or so much thereof as shall be received from the sale of the bonds and notes hereinafter au-thorized, which shall be used for the purposes set forth in this Act. Section 2. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in Section 7 of this Act and are to include, but not be limited to, design, planning, land acquisition of utility and service areas, con-struction, repairing, remodeling, equipping, landscaping and inspection costs but are not to be used for ordinary or normal maintenance expense of other properties. Section 3. Any of the funds appropriated herein remain-ing unexpended at the end of any fiscal year shall not revert to the General Fund, but shall remain to be used for the purposes set forth in this Act. Section 4. The said sum of $180,000 shall be borrowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chap-ter 74, Title 29, Delaware Code, and Chapter 75, Title 29, Delaware Code, where applicable. For purposes of identification, the bonds issued pursuant to this authorization Act may be known, styled or referred to as "Capital Improvement Bonds of 1970" Chapter 18 27 Section 5. There is appropriated from the General Fund of the State such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein author-ized, and such further sums as may be necessary to pay any interest which becomes due on such bonds and notes during the current fiscal year and such further sums as may be neces-sary for the repayment of the principal of any of the said bonds which become due during the current fiscal year. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Any monies received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund. Section 6. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act and for each subsequent fiscal year or biennium, shall contain under the Debt Service Item provisions for the payment of interest and prin-cipal maturities of the bonds (or notes which are not to be funded by the issuance of bonds) issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon. Section 7. The sum of $180,000 appropriated herein, or so much thereof as is necessary to carry out the purpose of this Act, shall be expended by the State Board of Education for construction or improvement of school facilities as more par-ticularly set forth in Section 8 of this Act. Section 8. The sum of $180,000 appropriated by Section 7 of this Act to the State Board of Education for school construc-tion or improvement purposes, or so much thereof as shall be necessary to carry out the purposes of this Act, shall be allo-cated by the State Board of Education to the Middletown School District for the purpose of completely replacing the windows and the heating system in the present high school 28 Chapter 18 building, according to the following tabulation of maximum totals and shares, or in the proportion represented by said maximum total and shares : Total State Local Cost Share Share Middletown School District $300,000 $180,000 $120,000 Section 9. Any funds borrowed pursuant to this Act and remaining unexpended after the completion of the programs authorized by this Act and any funds borrowed pursuant to this Act and remaining unexpended because a project authorized by this Act is not timely undertaken, shall be deposited in a spe-cial account and appropriated against future capital improve-ment bond requirements. Any Federal funds received as reim-bursement for funds appropriated by this Act shall be deposited in a special account and applied against future capital improve-ment bond requirements. Section 10. None of the monies appropriated by this Act shall be expended before July 1, 1969. None of the monies ap-propriated by this Act shall be expended unless a contract for the expenditure of such monies is entered into before July 1, 1971, and the actual work on the contract is commenced prior to July 1, 1971. Section 11. No bonds or notes shall be issued or monies borrowed on behalf of this State, pursuant to this Act, after June 30, 1975, except as provided in Chapter 75, Title 29, Dela-ware Code. Section 12. This Act may be known, styled or referred to as the "Annual Capital Improvement Act of 1970". Approved April 6, 1969. 'CHAPTER 19 AN ACT TO AMEND VOLUME 56, CHAPTER 292, LAWS OF DELAWARE, BY PROVIDING THAT THE BOARDS OF EDUCATION OF CERTAIN REORGANIZED SCHOOL DISTRICTS MAY LEVY AND COLLECT TAXES AFTER JULY 1, 1969 AT A RATE AUTHORIZED BY REFERENDUM PRIOR TO JULY 1, 1969. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Volume 56, Chapter 292, Laws of Delaware, is hereby amended by adding at the end of Section 1010 of Section 6 thereof a new subsection (g) as follows : (g) Notwithstanding any provision of this Chapter the School Board of a reorganized school district which consists of a single component former school district may, during and after the first fiscal year of operation, levy and collect taxes on the basis of a rate of taxation as prescribed by Section 1917 of this Title, which rate of taxation is higher than the rate of taxation specified in subsection (a) of this section, provided such higher rate of taxation has been approved by the voters of the component former school district at a special election held prior to July 1, 1969. Approved April 6, 1969. 29 30 CHAPTER 20 AN ACT TO AMEND CHAPTER 398, VOLUME 53, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 284, VOL-UME 54, LAWS OF DELAWARE, BY PROVIDING FOR THE USE OF UNEXPENDED FUNDS FOR OTHER REPAIRS AND IMPROVEMENTS TO THE FACILITIES OF THE DEPARTMENT OF MENTAL HEALTH. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each Branch thereof concurring therein): Section 1. Chapter 398, Volume 53, Laws of Delaware, as amended by Chapter 284, Volume 54, Laws of Delaware, is hereby further amended by adding a new section at the end thereof to read as follows : Section 12. Any sum remaining unexpended after the aforementioned projects are completed, but not in excess of $50,000.00, may be used for electrical heating or other repair or replacement on the third floor of the Main Building at Dela-ware State Hospital. The Funds appropriated by this Act shall be continued and not revert as otherwise required by law until December 31, 1969, other provisions of this Act notwithstanding. In the event any of said remaining unexpended sum shall have been reverted to a special account prior to the enactment of this Act, it shall be transferred back to the original appropriation account. Approved April 16, 1969. CHAPTER 21 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO BRANDY WINE HUNDRED FIRE CO., FIVE POINTS FIRE CO., AND CRANSTON HEIGHTS FIRE CO. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all the Members elected to each House concurring therein): Section 1. The sum of $227.36 is appropriated to the fol-lowing fire departments in the amounts shown for money ex-pended for meals during the emergency period prior to July 1, 1968: TOTAL $227.36 Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treas-urer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. Any money appropriated herein and unex-pended shall revert to the General Fund of the State of Dela-ware on June 30, 1969. Approved April 17, 1969. 31 Brandywine Hundred Fire Co. $ 32.14 Five Points Fire Co. 130.00 Cranston Heights Fire Co. 65.22 32 CliAinkR AN ACT TO AMEND CHAPTER 108, VOLUME 47, LAWS OF DELAWARE, ENTITLED "AN ACT EXTENDING THE CORPORATE LIMITS OF THE TOWN OF CAM-DEN" BY ADDING A NEW AREA THERETO. WHEREAS, a referendum was duly held pursuant to reso-lution first adopted by the Town Council of The Town of Cam-den and pursuant to Chapter 120, Volume 42, Laws of Delaware, as amended; and WHEREAS, a majority of the qualified voters and real estate owners of the territory proposed to be annexed and in-cluded in the limits of the said Town of Camden voted ap-proval to be included within the limits of The Town of Camden; NOW, THEREFORE: Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House thereof concurring therein): Section 1. Chapter 108, Volume 47, Laws of Delaware, be and is hereby amended by adding thereto a new section to be known as Section 1, Section (2) F. and which shall read as follows : Section 1. Section (2) F. ALL THAT CERTAIN tract, piece, or parcel of land situated in North Murderkill Hundred, Kent County and State of Delaware, lying on the Northwesterly side of U. S. Route 13 A, known as Main Street Extended, lead-ing from Camden to U. S. Route 13 and bounded as follows: On the Southeast in part by lands now or late of Mrs. A. B. Carter, lands now or late of Charles C. Carter, lands now or late of Edward H. Nelson, lands now or late of VFW Post No. 3238, lands now or late of William C. Burke, lands now or late of Archibald C. Jones, lands now or late of Estella M. Clark, and aforesaid U.S. Route 13A; On the Southwest by Chapter 22 33 the town limits of the Town of Camden; On the Northwest by the bed of Howell Mill Pond; On the Northeast by lands now or late of Elizabeth H. Goggins. BEGINNING at a point in the Northwesterly side of afore-said U. S. Route 13A at a corner for lands of aforesaid Mrs. A. B. Carter, THENCE by same and in part with lands of aforesaid Charles C. Carter and lands of aforesaid Edward H. Nelson, the following four courses and distances: (1) North forty-one (41) degrees forty-five (45) minutes West, two hun-dred (200.0) feet to a point; (2) South forty-eight (48) de-grees fifteen (15) minutes West, one hundred sixty-five and eighteen hundredths (165.18) feet more or less, to a point in line of lands of Nelson; (3) North thirty-nine, (39) degrees West, three hundred five and seventy-four hundredths (305.74) feet more or less, to a point; (4) South forty-eight (48) de-grees fifteen (15) minutes West, one hundred thirty-five and eighty-three hundredths (135.83) feet more or less, to a point in line of the present limits of the Town of Camden, as shown on a plan entitled "Plot of Lord Brothers Land" as shown in Plot Book 7, Page 34. THENCE with the present limits of the Town of Camden, as shown on aforesaid plot, North forty-one (41) degrees West, six hundred ninety-four (694.00) feet to a point. THENCE continuing with the limits of the Town of Camden, North thirty-six (36) degrees West, six hundred ninety-two (692.00) feet more or less, to a point near the original high water line of aforesaid Howell's Pond. THENCE by same, with its various meanderings, its tie line being gen-erally North eighty-two (82) degrees thirty-nine (39) minutes fifty-nine (59) seconds East, eight hundred forty-one and eight hundredths (841.08) feet more or less, to a point in line of lands of aforesaid Goggins. THENCE by same, South forty-one (41) degrees forty-five (45) minutes East, one thousand one hundred two and eighty-four hundredths (1,102.84) feet more or less, to a point, corner for lands of aforesaid Clark. THENCE by same and in part with lands of aforesaid Jones, lands of aforesaid VFW Post No. 3238, and lands now or late of aforesaid Burke, the following four courses and distances : (1) South forty-seven (47) degrees thirty-three (33) minutes twenty-three (23) seconds West, three hundred eleven and seventy hundredths (311,70) feet to a point in line of aforesaid 34 Chapter 22 VFW Post; (2) North forty-two (42) degrees twenty-six (26) minutes thirty-seven (37) seconds West, twenty-five (25.00) feet to a point; (3) South forty-seven (47) degrees thirty-three (33) minutes twenty-three (23) seconds West, one hun-dred fifty (150.00) feet to a point; (4) South forty-two (42) degrees twenty-six (2-6) minutes thirty-seven (37) seconds East, three hundred twenty-five (325.00) feet to a point in the North-westerly side of aforesaid U. S. Route 13A. THENCE by same, seventy-four and ninety-five hundredths (74.95) feet more or less, to the point and place of beginning, CONTAINING twenty-four (24.0) acres of land, more or less. This act shall be effective immediately. Approved April 17, 1969. CHAPTER 23 35 AN ACT TO AMEND SECTIONS 396, 631, AND 632, TITLE 11, DELAWARE CODE, RELATING TO PENALTIES FOR THE OFFENSES OF UNLAWFUL ENTRY, GRAND LARCENY AND PETIT LARCENY. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. § 39-6, Title 11, Delaware Code, is amended by striking "or imprisoned not more than three (3) years, or both." in line four (4) thereof and inserting in lieu thereof the following: "and be imprisoned not more than five (5) years." Section 2. § 631, Title 11, Delaware Code, is amended by striking "3" before "years" in line ten (10) thereof and insert-ing in lieu thereof the figure "5". Section 3. § 632 (a), Title 11, Delaware Code, is amended by striking "or imprisoned not more than one (1) year, or both." after "$500" in lines six (6) and seven (7) thereof and inserting in lieu thereof the following: "and be imprisoned not more than three (3) years." Approved April 24, 1969. 36 CHAPTER 24 AN ACT TO AMEND CHAPTER 429, VOLUME 55, LAWS OF DELAWARE, ENTITLED "AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IlVIPROVMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL IN-VESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING $42,639,992.00 TO VARIOUS AGENCIES OF THE STATE", BY REDUCING THE AMOUNT OF MONEYS APPROPRIATED AND AUTHORIZED TO BE BORROWED. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all members .elected to each branch con-curring therein): Section 1. Chapter 429, Volume 55, Laws of Delaware, is amended by striking out the figures "$42,639,992" where they appear therein and inserting in lieu thereof the figure "$41,446,270." Section 2. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amount in Section 7 (n) from $18,303,992 to $17,110,270 and changing the total of this sec-tion accordingly. Section 3. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amount in Section 8 following the words "sum of" from $18,303,992 to $17,110,270. Section 4. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amounts in Section 8 (d) opposite the school district Delmar #163 under the heading "Maximum Total Cost" from $18,000 to $0, under the heading "Maximum State Share" from $11,000 to $0, and under the heading "Maxi-mum Local Share" from $7,000 to $0, and changing the totals accordingly. Section 5. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amounts in Section 8 (e) opposite Chapter 24 37 the school district Ellendale #125 under the heading "Maxi-mum Total Cost" from $275,000 to $0, under the heading "Max-imum State Share" from $165,000 to $0, and under the heading "Maximum Local Share" from $110,000 to $0, and changing the totals accordingly. Section 6. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amounts in Section 8 (f) opposite the school district Felton #54 under the heading "Maximum Total Cost" from $765,000 to $87,130, under the heading "Max-imum State Share" from $459,000 to $52,278, and under the heading "Maximum Local Share" from $306,000 to $34,852, and changing the totals accordingly. Section 7. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amounts in Section 8 (h) opposite the school district Greenwood #91 under the heading "Maxi-mum Total Cost" from $220,000 to $0, under the heading "Max-imum State Share" from $132,000 to $0, and under the heading "Maximum Local Share" from $88,000 to $0, and changing the totals accordingly. Section 8. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amounts in Section 8 (g) opposite the school district Georgetown Special under the heading "Max-imum Total Cost" from $708,000 to $0, under the heading "Maximum State Share" from $425,000 to $0, and under the heading "Maximum Local Share" from $283,000 to $0, and changing the totals accordingly. Section 9. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amounts in Section 8 (1) opposite the school district New Castle Special under the heading "Max-imum Total Cost" from $90,000 to $0, under the heading "Maxi-mum State Share" from $54,000 to $0, and under the heading "Maximum Local Share" from $36,000 to $0, and changing the totals accordingly. Section 10. Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amount in subsection 8 (s) oppo- 38 Chapter 24 site the words "Alfred I. duPont" under the heading "Maxi-mum State Share" from $995,020 to $955,020. Section 11. Subsection 11 (a), Chapter 429, Volume 55, Laws of Delaware, is amended by changing the amount therein from $6,919,000 to $4,526,000. Section 12. Section 11, Chapter 429, Volume 55, Laws of Delaware, is amended by adding a new subsection to read: (i) Accelerated Major Corridor Highway Improvement Program $2,393,000. Approved April 24, 1969. 39 CHAPTER 25 AN ACT TO AMEND CHAPTER 121, VOLUME 56, LAWS OF DELAWARE, ENTITLED "AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EX-PENDITURES IN THE NATURE OF CAPITAL INVEST-MENTS AND TO ISSUE BONDS AND NOTES THERE-FOR AND APPROPRIATING THE MONEYS TO VARI-OUS AGENCIES OF THE STATE" BY REDUCING THE AMOUNT OF MONEYS APPROPRIATED AND AUTH-ORIZED TO BE BORROWED. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all members elected to each branch con-curring therein): Section 1. Chapter 121, Volume 56, Laws of Delaware, is amended by striking out the figures 133,857,600" where they appear therein and inserting in lieu thereof the figures 133,532,600". Section 2. Chapter 121, Volume 56, Laws of Delaware, is amended by changing the amount in Section 7 (m) from $10,643,200 to $10,818,200 and changing the total of this sec-tion accordingly. Section 3. Chapter 121, Volume 56, Laws of Delaware, is amended by changing the amount in Section 8 following the words "sum of" from $10,643,200 to $10,318,200. Section 4. Chapter 121, Volume 56, Laws of Delaware, is amended by changing the amounts in Section 8 (c) opposite school district Bridgeville #90 under the heading "Maximum Total Cost" from $541,000 to $0, under the heading "Maximum State Share" from $325,000 to $0, and under the heading "Maxi-mum Local Share" from $216,000 to $0, and changing the totals accordingly. Section 5. Subsection 11 (a), Chapter 121, Volume 56, Laws of Delaware, is amended by changing the amount therein from $6,484,000 to $8,910,000. 40 Chapter 25 Section 6. Section 11, Chapter 121, Volume 56, Laws of Delaware, is amended by inserting a new subsection to read : (n) Accelerated Major Corridor Highway Improvement Program $2,574,000. Approved April 24, 1969. 41 cHArmR 26 AN ACT TO AMEND CHAPTER 167, VOLUME 55, LAWS OF DELAWARE, ENTITLED "AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL IN-VESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONEY BORROWED TO VARIOUS AGENCIES OF THE STATE" BY REDUCING THE AMOUNT OF MONEYS APPRO-PRIATED AND AUTHORIZED TO BE BORROWED. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all members elected to each House con-curring therein.): Section 1. Chapter 167, Volume 55, Laws of Delaware, is amended by striking out the words and figures "Thirty-four Million, Nine Hundred Forty-eight Thousand Dollars ($34,948,000) " as they appear therein and inserting in lieu thereof the words and figures "Thirty-four Million, Six Hun-dred Forty-two Thousand Dollars ($34,642,000)". Section 2. Chapter 167, Volume 55, Laws of Delaware, is amended by changing the amount in Section 7 (g) from $9,563,000 to $9,257,000 and changing the total of this section accordingly. Section 3. Section 8, Chapter 167, Volume 55, Laws of Delaware, is amended by striking out the figures "$9,563,000" where they appear therein and inserting in lieu thereof the figures 19,257,000". Section 4. Section 8, Chapter 167, Volume 55, Laws of Delaware, is amended by changing the amount opposite the school district Oak Grove #130 under the heading "Maximum Total Cost" from $675,000 to $165,000, under the heading "Maximum State Share" from $405,000 to $99,000, and under the heading "Maximum Local Share" from $270,000 to $66,000, and changing the totals accordingly. 42 Chapter 26 Section 5. SubsectiOn '1.1.:7(4.,;.Chapter 167, Volume 55, Laws of Delaware, is amended by striking that subsection in its entirety ands-Thseiting in lieu thereof a:'neW subsection 11 (a) to read: - - - (a) General Highway Program (New Castle Avenue; Wil-mington; Delaware Route 2.; belayvire.Avenue, Wilmington and U. S. 113 in Kent and, Suseex.6unties). $3,012,000 _ :i Section 6. Section 11, Chapter, 167, Volume 55, Laws of Delaware, is amended :iv inserting .a new subsection to read: (i) Accelerated Major' Corridor Highway Improvement Program $2,760,000. Approved April 24, 1969. CHAPTER 27 AN ACT TO AMEND CHAPTER 81, TITLE 9, DELAWARE CODE, RELATING TO THE LIMITATIONS UPON TAX-ING POWER BY EXEMPTING LANDS AND IMPROVE-MENTS OF THE LAMBORN LIBRARY ASSOCIATION FROM ASSESSMENT AND TAXATION. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 8105, Title 9, Delaware Code, is amend-ed by inserting at the end of the list of names of organizations that are exempt from real property taxation a new organization known as the Lamborn Library Association. Approved April 24, 1969. 43 44 CHAPTER 28 AN ACT AMENDING CHAPTER 121, VOLUME 56, LAWS OF DELAWARE, ENTITLED "AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EX-PENDITURES IN THE NATURE OF CAPITAL INVEST-MENTS AND TO ISSUE BONDS AND NOTES THERE-FOR AND APPROPRIATING THE MONEYS TO VARI-OUS AGENCIES OF THE STATE" BY CHANGING THE PURPOSE FOR WHICH CERTAIN MONIES APPRO-PRIATED TO THE DEPARTMENT OF MENTAL HEALTH MAY BE EXPENDED. Be it enacted by the General Assembly of the State of Dela, ware (three-fourths of all the members elected to each branch thereof concurring therein): Section 1. Chapter 121, Volume 56, Laws of Delaware, is hereby amended by striking out the words "(f) Department of Mental Health" as they appear in Section 7 of said Chapter and by inserting in lieu thereof the following: "(f) Department of Mental Health (to include $65,000 for the improvement of the water supply and/or distribution sys-tem at Governor Bacon Health Center)." Approved April 24, 1969. 45 CHAPTER 29 AN ACT TO AMEND CHAPTER 429, VOLUME 55, LAWS OF DELAWARE, BY PROVIDING FOR THE USE OF UNEXPENDED FUNDS FOR OTHER REPAIRS AND IMPROVEMENTS TO THE FACILITIES OF THE DE-PARTMNT OF MENTAL HEALTH. Be it enacted by the General Assembly of the State of Dela-ware (three-fourths of all the members elected to each branch thereof concurring therein): Section 1. Chapter 429, Volume 55, Laws of Delaware, is hereby amended by adding a new section at the end thereof to read as follows : Section 20. Any part of the sum appropriated to the Department of Mental Health pursuant to Section 7 (e) remain-ing unexpended after the completion of each of the related projects set forth in the 1967 Annual Capital Projects Schedule may be used by the Department as follows : A sum not to exceed $115,000 for repair, replacement and improvements of the water and heating systems at the Hospital for the Mentally Retarded. Contracts for the repair, replacement and improvements herein authorized may be initiated at any time prior to De-cember 31, 1969, any other provisions of this Act notwithstand-ing. Approved April 24, 1969. 46 CHAPTER 30 AN ACT TO AMEND SECTION 1067, TITLE 14, DELAWARE CODE, RELATING TO ELECTIONS FOR THE BOARD OF EDUCATION IN THE MILFORD SPECIAL SCHOOL DISTRICT. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 1067, Title 14, Delaware Code, is amend-ed to read as follows : § 1067. Election in Milford Special School District in 1969 for the Board of Education On the regularly designated day for school board elections in the school districts of this State in the year 1969, the qualified voters of the entire Milford Special School District, as it is then constituted, shall elect one member of the Board of Education of Milford Special School District, notwithstanding any provi-sion to the contrary in Chapter 3 of this title. The individual shall be elected for a term of five years. The individual shall be elected at large in the entire Milford Special School District and shall serve in addition to the four then incumbent previous-ly elected school board members. Thereafter school board mem-bers in the school district shall be elected in accordance with Section 1051 and Section 1052 of this chapter. No fewer than two members shall be residents of Kent County and no fewer than two members resident of Sussex County. Approved April 24, 1969. CHAPTER. 31 AN ACT MAKING A SUPPLEMENTARY' APPROPRIATION TO THE DELAWARE JUNIOR MISS PAGEANT FOR THE PURPOSE OF PROVIDING FUNDS FOR DELA-WARE'S JUNIOR MISS tTO ATTEND THE NATIONAL JUNIOR MISS PAGEANT, AND TO 'DEFRAY RELATED EXPENSES. ' WHEREAS, Delaware's Junior Miss has represented the State of Delaware well in both local. and national- events in the past; and WHEREAS, the members of the 125th General Assembly desire for the State of Delaware to be represented at the Na-tional Junior Miss Pageant; NOW, THERE-FORE,' . . Be it enaated by the Geiieral AseirtAi Of the State of Dela-ware (three-fourths of all members elected to each House there-of concurring therein): s' Section 1. The sum of wop is .hereby appropriated to the Delaware Junior Miss Pageant to PrdAde funds to defray the reasonable and necessary expenses involved in sending Dela-ware's Junior Miss to the National Junior 'Miss Pageant. Section 2. This Act shall be considered a supplementary appropriation and the MOriles"hekieby" iittoropriated shall be paid from the General FUnd of the State TidaAury from monies not otherwise appropriated. 4 ; ; Section 3. if any of such funds so appropriated remain unexpended upon Itine. 30; 1969,- midi funds shall thereupon revert to the General Fund of the State Treasury. Approved April 24, 1969, r 47 48 CHAPTER 32 AN ACT AMENDING TITLE 6, DELAWARE CODE OF 1953, BY PROTECTING THE PUBLIC WELFARE, EFFEC-TUATING THE RIGHTS OF ALL PERSONS TO FULL AND EQUAL ACCESS TO HOUSING OFFERED TO THE PUBLIC FOR SALE OR RENT, DEFINING UN-LAWFUL PRACTICES INVOLVING DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION OR NA-TIONAL ORIGIN, EMPOWERING AND DIRECTING THE STATE HUMAN RELATIONS COMMISSION TO ADMINISTER THE LAW AND PROVIDING CRIMINAL PENALTIES FOR VIOLATIONS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Title 6, Delaware Code of 1953, is amended by adding a new chapter thereto reading as follows : CHAPTER 46 EQUAL RIGHTS TO HOUSING § 4601. Definitions As used in this chapter "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occu-pancy as, a residence by one or more families, together with any land which is offered for sale or rent therewith, and also means any vacant land which is offered for sale or rent for the construction or location thereon of any such building, structure, or portion thereof. "To rent" includes to lease, to sublease, to let and other-wise to grant, continue or renew for a consideration the right to occupy premises not owned by the occupant. A dwelling shall be considered as "Offered to the public for sale or rent" if the owner of the dwelling or his agent, (a) Chapter 32 49 shall publish, post, display or circulate, or cause to be published, posted, displayed or circulated, any sign, notice, circular, poster, advertisement or the like which discloses or indicates that such dwelling is for sale or rent, or (b) shall hire, employ or con-tract with any person for the purpose of having such other person offer such dwelling for sale or rent, or (c) shall offer such dwelling for sale or rent as a normal activity of a busi-ness of the owner involving sale or rental of dwellings. "Family" includes a single individual. "Person" includes one or more individuals, corpora-tions, partnerships, associations, labor organizations, legal rep-resentatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees,trustees in bankruptcy, receivers and fiduciaries. "Commission" means the State Human Relations Com-mission. § 4602. Purpose and construction This chapter is intended to eliminate, as to housing offered to the public for sale or rent, discrimination based upon race, color, religion or national origin, and to provide an administra-tive procedure through which disputes concerning the same may effectively and expeditiously be resolved with fairness and due process for all parties concerned. This chapter shall be liberally construed to the end that its purposes may be accomplished and all persons may fully enjoy equal rights and access to housing for themselves and their families. § 4603. Unlawful practices Except as provided in § 4604, it shall be an unlawful prac-tice for any person, because of race, color, religion or national origin of another person, to: refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny to any person, a dwelling offered to the public for sale or rent; expel any person from a dwelling; 50 Chapter 82 discriminate against any person in the price, terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services .or facilities in connection therewith; make, print, or publish or cause to be made, printed or published any notice, statement, or advertisement, with re-spect to the sale or rental of a dwelling that indicates any pref-erence, limitation, or discrimination based on race, color, re-ligion, or national origin, or an intention to make any such pref-erence, limitation, or discrimination; represent to any person that any dwelling is not avail-able for inspection, sale or rental when, such dwelling is in fact so available; induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or per-sons of a particular race, color, religion or national origin ; deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling; or discrimi-nate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance ; deny any person access to. or membership or partici-pation in any multi-listing service,' real estate brokers' organ-ization or other service organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, mem-bership or participation; or assist, induce, incite or coerce another person to com-mit any of the unlawful practices specified in this section. § 4604. Limitations on applicability of Chapter The provisions of this chapter shall not apply to : (a) dwellings owned and operated for other than a com-mercial purpose by (i) a religious organization, association or society or (ii) any non-profit institution or organization oper-s Chapter 32 51 ated, supervised or controlled by or in conjunction with a re-ligious organization, association or society; (b) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four fam-ilies living independently of each other, if the owner thereof actually maintains and occupies one of such living quarters as his residence. § 4605. Enforcement and procedure on complaint (a) Any person believing himself to be aggrieved by an unlawful practice as defined in Section 4603 may file with the Commission a complaint in writing. Such complaint shall be filed within 20 days after the date of the alleged unlawful prac-tice, or, if the occurrence thereof was not immediately known to the aggrieved person, then within 20 days after actually /earning thereof, but in no case more than six months after the alleged unlawful practice. Such complaint shall state : the name and address of the complainant; the name and address, if known, of the person or per-sons who allegedly committed the unlawful practice; the location of the dwelling involved ; the date when the alleged unlawful practice occurred ; a statement of the facts upon which the complainant bases his contention that the respondent violated the provisions of this act; such other information as may be required by the Commission. (b) The complaint shall be signed under oath by the com-plainant and sworn to before a person authorized to adminis-ter oaths. (c) Upon receipt of a complaint, the Commission shall send a copy of the complaint to the respondent by registered or certified mail. (d) As soon as practicable, the Chairman of the Commis-sion shall appoint a panel of three Members of the Commission 52 Chapter 32 who shall promptly conduct such investigations and hold such hearings, public or private, as they deem necessary and proper. The panel they so appoint shall, as a part of their investigation, endeavor to eliminate any unlawful practice and the conse-quences thereof by inducing compliance through informal meth-ods of conference, persuasion and conciliation. (e) Within 45 days after the filing of a complaint, the panel of Commissioners, or a majority of them, shall submit a written report of their findings to the Chairman. If a majority of the Commissioners determine that the respondent did not commit an unlawful practice, the Chairman shall issue an order of the Commission dismissing the complaint. If a majority of the Commissioners determine that the respondent committed an unlawful practice, the Chairman shall execute with the respondent an agreement which shall provide that the respond-ent shall refrain from any unlawful practice and contain such other terms as are reasonable to effectuate the purpose of this chapter, including provisions to provide relief from the conse-quences of the unlawful practice and provisions to insure future compliance with the law by the respondent. In the event that the respondent shall refuse to execute such an agreement, the Chairman shall issue an order of the Commission specifying the unlawful practice committed by respondent, stating the findings of the panel of Commissioners who investigated the complaint, and directing the respondent to discontinue such unlawful prac-tice and to comply with such other stated terms as are rea-sonable to effectuate the purposes of this chapter, except, how-ever, that no such order shall issue unless a hearing, private or public, has been held. (f) If a majority of the Commissioners appointed find that probable cause exists for believing that the allegations of the complaint are true and constitute an unlawful practice as defined in Section 4603 and that the complaint was not filed for harassment or frivolous purposes, said Commissioners, in the name of the Commission and represented by the Attorney Gen-eral, may petition the Court of Chancery for appropriate in-junctive relief against the respondent, including orders and de-crees restraining the respondent from selling, renting or other-wise making unavailable to the complainant the dwelling spe-cified in the complaint pending final determination of proceed- Chapter 32 53 ings under this chapter. No such injunctive relief shall be granted except after hearing, notice of which shall be given to the respondent at least three days prior thereto by the Com-mission by registered mail. The Court shall have power to grant such relief as it deems just and proper except as otherwise pro-vided herein. The respondent may file an answer to the com-plaint and appear at such hearing in person or otherwise, and submit testimony and evidence. The Court shall not issue any order or decree restraining the respondent from selling, rent-ing or otherwise making the dwelling specified in the complaint unavailable to the complainant for a period either exceeding 30 days from the day such order or decree was issued, or until a final order has been issued by the Chairman of the Commission as provided in this section, whichever event shall occur first. § 4606. Power to determine compliance The Commission shall have the power independently to de-termine compliance with the provisions of this chapter. In pur-suance thereof, the Commission, or any panel of three Com-missioners appointed by the Chairman, may conduct such in-vestigations and hold such hearings, public or private, as are deemed necessary and proper. Upon finding that an unlawful practice has been committed by any person the Chairman shall give notice thereof to the person involved and shall endeavor to execute an agreement with such person as provided in Section 4605. If the person refuses to sign such an agreement, an order may be issued as provided in Section 4605, except that no such order shall issue unless (i) a hearing, public or private, is first held in accordance with the provisions of this chapter, and (ii) the date of the issuance of the order is within one year of the commission of the unlawful practice. The order shall be served forthwith on the respondent personally or by registered or cer-tified mail. The Chairman may relax the terms or conditions of any order or agreement under this section if performance would cause an undue hardship on the respondent or any other person and if not otherwise inconsistent with the purpose of this chapter. § 4607. Regulations The Commission shall have the power to make and revise 54 Chapter 32 or rescind such regulations as it may deem necessary or appro-priate to administer the provisions of this chapter, and such regulations shall, except as may be otherwise provided by the Commission, take effect upon publication. § 4608. Investigations and hearings Investigations shall be conducted and hearings, public or private, shall be held under this chapter in accordance with the regulations of the Commission ; provided, however, that in the holding of hearings, public or private: (i) at least 3 days' notice shall be given to all parties, (ii) testimony shall be given under oath, (iii) all parties shall be entitled to be heard in person or by attorney and to present evidence, and (iv) the right of cross-examination shall be preserved. § 4609. Compelling attendance of witness and production of documents; subpoenas; oaths; witness fees and mile-age In any proceeding under this chapter any Member of the Commission may administer oaths, and may compel the attendance of witnesses and the production of papers, books, accounts and other documents by issuing in the name of the Commission, subpoenas which shall be served by any employee or Member of the Commission or by any sheriff, deputy sheriff, or constable, with return thereof made to the Commission. Any witness appearing in response to a subpoena shall receive fees and mileage allowances computed at the rate al-lowed to witnesses in the Superior Court. § 4610. Refusal to obey subpoena, answer questions or pro-duce documents; contempt If a person is subpoenaed and fails to obey the command of such subpoena without reasonable cause, or if a person in attendance refuses without lawful cause to be examined or to answer any proper question, or to produce papers, books, ac-counts or other documents when ordered to do so by a Member of the Commission, the Commission may apply to the Superior Court in and for the county where such hearing is being held for an order returnable in not less than two or more than ten Chapter 32 55 days directing such person to show 'cause before the Court why he should not comply with the subpoena or. order. Upon the return of such order the judge before whom the matter comes on for hearing shall examine under oath the person whose tes-timony may be relevant to be heard and if the judge determines that the person refused without legal excuse to obey the com-mand of such subpoena or to be examined, or to answer a legal or pertinent question, or to produce a book or paper which he was ordered to produce, the judge may order such person to comply forthwith with the subpoena or order and any failure to obey such order of the court or judge may be punished by the court or judge as a contempt of the Superior Court. § 4611. Right of appeal; procedure; scope of review Any complainant or respondent aggrieved by an order under this chapter shall have a right of appeal by serving upon the Commission and all adverse parties and filing, within 15 days of the date of the issuance of the order, a notice of appeal in the Superior Court in the county in which the un-lawful practice is alleged to have been committed. The grounds of the appeal shall be specifically set forth in the Notice of Appeal. Service of the Notice of Appeal upon any Member of the Commission shall be deemed service upon the Commission. The Commission shall be represented by the Attorney General. The Commission shall cause to be filed forthwith a certified copy of its record in the proceedings. Un-less otherwise ordered by the court, the filing of the appeal shall act as a stay of the order appealed from until disposition of the appeal. The cause of appeal shall be tried de novo and pro-ceedings shall be held as in other civil actions. § 4612. Enforcement of Commission orders The Attorney General, upon the written request of the Chairman and on behalf of the Commission as plaintiff, shall commence a civil action in the Court of Chancery for the en-forcement of any order or agreement under this chapter. 56 Chapter 32 § 4613. Violations and penalties Any person, who, upon prosecution instituted by the Attor-ney General or the Commission, or upon prosecution instituted by any other person after certification by the Commission as provided in Section 4514 of Title 6, shall be found guilty of an unlawful practice proscribed by Section 4603, shall be guilty of a misdemeanor and shall be fined not more than $500.00 or imprisoned for not more than ninety days, or both. SECTION 2. If any clause, sentence, paragraph or part of this Act or the application thereof to any person or circum-stances, shall, for any reason, be adjudged by a court of com-petent jurisdiction, to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Approved April 25, 1969. 57 CHAPTER 33 AN ACT DECLARING THE POLICY OF THIS STATE RE-GARDING REORGANIZATION OF THE EXECUTIVE BRANCH OF THE GOVERNMENT AND CREATING A GOVERNOR'S TASK FORCE ON GOVERNMENT REOR-GANIZATION TO PLAN AND IMPLEMENT THE RE-ORGANIZATION OF THE EXECUTIVE BRANCH OF THE STATE GOVERNMENT AND PRESCRIBING CERTAIN POWERS AND RESPONSIBILITIES FOR SUCH TASK FORCE AND MAKING A SUPPLEMEN-TARY APPROPRIATION TO THE GOVERNOR'S OF-FICE TO CARRY OUT THE PURPOSES OF THIS ACT. WHEREAS, the executive responsibility in the State of Delaware has been diffused, scattered, and inherently unre-sponsive to the citizens because of the form and structure of the executive branch of government which has existed in Dela-ware; WHEREAS, various studies have been undertaken and completed and many recommendations have been made in the past but concrete plans for a comprehensive executive reorgan-ization have not been formulated or implemented heretofore; WHEREAS, a process of planning and implementation of a comprehensive reorganization of the Executive Branch should begin at this time under the direction of the Governor with the assistance of a task force and staff as hereinafter provided. NOW, THEREFORE, be it enacted by the 125th General Assembly of the State of Delaware: Section 1. It is declared to be the public policy of this State that the commission form of government shall be abol-ished and a cabinet form of government shall be adopted so that the Office of Governor shall possess the supreme executive power vested in it by the Constitution of this State. Section 2. There is hereby created a Governor's Task Force on Government Reorganization (hereinafter "Task 58 Chapter 33 Force") which shall be constituted and empowered as follows: The Task Force shall be an instrument of the office of the Governor and shall carry out such duties in regard to reorganization of the executive branch of the State government as the Governor shall direct. The Task Force shall consist of not less than three nor more than nine citizens of this State who shall be appointed by the Governor and serve at the pleasure of the Governor and without compensation, save for reimbursement of expenses. The Task Force shall have the right of access to all records, proceedings and personnel of the commissions and de-partments of the executive branch of the State government to carry out the purposes of this Act. The Task Force is empowered to retain such staff and consultants and to purchase such equipment and supplies as shall be necessary to carry out the purposes of this Act and as shall be within the appropriation to the Task Force. Section 3. It is hereby appropriated to the Office of the Governor the sum of $10,000 to carry out the purposes of this Act from the effective date hereof to the end of the current fiscal year. This appropriation shall be considered a supple-mentary appropriation and the funds hereby appropriated shall be paid out of the funds of the State Treasury from funds not otherwise appropriated and shall be additional to any other funds appropriated to the Office of the Governor. The funds appropriated hereby shall be used only for the purposes speci-fied, and any unexpended funds shall revert to the general funds of the State Treasury on June 30, 1969. Section 4. The existence of the Governor's Task Force on Government Reorganization created by this Act shall terminate upon December 31, 1970. Approved April 25, 1969. CHAPTER 34 AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS TO THE DEPARTMENT OF PUBLIC WELFARE FOR THE PURPOSE OF PROVIDING OPERATIONAL WEL-FARE GRANTS, STAFF SALARIES AND ADMINIS-TRATIVE EXPENSES FOR THE BALANCE OF THE FISCAL YEAR ENDING JUNE 30, 1969. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $502,978 is hereby appropriated to the Department of Public Welfare for the fiscal year ending June 30, 1969, in order that it be able to continue providing operational welfare grants for the balance of the fiscal year in the following categories and amounts : General assistance $206,419 Aid to families with dependent children 159,900 Direct carechild welfare services 115,883 Aid to the permanently and totally disabled 20,776 Total $502,978 59 Section 2. The sum of $72,400 is hereby appropriated to the Department of Public Welfare for the fiscal year ending June 30, 1969, for the purpose of providing for administrative expenses and for staff salaries for the balance of the fiscal year in the following categories and amounts: Section 3. This Act shall be considered a supplementary appropriation and the monies hereby appropriated shall be Contractual services $11,000 Blue Cross and Blue Shield 60,000 Supplies and materials 1,200 Travel 200 Total $72,400 60 Chapter 34 paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 4. If any of the funds in the above categories remain unexpended upon June 30, 1969, such funds shall there-upon revert to the General Fund of the State Treasury, Approved April 29, 1969. CHAPTER 35 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE STATE DEPARTMENT OF JUSTICE FOR SALARIES AND OPERATIONAL EXPENSES. WHEREAS, the State Department of Justice was created by Act of the General Assembly effective January 1, 1969; and WHEREAS, funds were not appropriated by said Act to provide for certain additional salaries and operational expenses for the Department of Justice through the end of the current State fiscal year; and WHEREAS, the sum of $45,230 was advanced to the De-partment of Justice from the Governor's Contingency Fund for the purpose of providing for a portion of such additional salaries and operational expenses until such time as the General Assembly would convene; and WHEREAS, certain additional funds are needed for the operation of the Department of Justice through the end of the current fiscal year, and it is also necessary to return the afore-said amount previously advanced to the Governor's Contingency Fund ; NOW, THEREFORE Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $67,854.36 is hereby appropriated to the State Department of Justice for the purpose of additional salaries and operational expenses during the fiscal year ending June 30, 1969. The aforementioned sum shall be allocated as follows : Salaries from April 1, 1969 through June 30, 1969 $22,624.36 To be returned to the Governor's Contin-gency Fund for salaries and opera-tional expenses previously advanced through March 30, 1969 $45,230.00 61 Total $67,854.36 62 Chapter 35 Section 2. This Act shall be known as a Supplementary Appropriation Act and the funds appropriated shall be paid by the State Treasurer from the General Fund. Any portion of the sum appropriated remaining unexpended on June 30, 1969 shall revert to the General Fund. Approved April 29, 1969. CHAPTER 36 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO DELAWARE STATE COLLEGE. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $52,000 is appropriated to Dela-ware State College for the fiscal year ending June 30, 1969, to be expended as follows: 63 Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treas-urer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. Any money appropriated herein and unex-pended shall revert to the General Fund of the State of Dela-ware on June 30, 1969. Approved April 29, 1969. (a) Cost of emergency repairs $30,000 (b) Cost of extra policemen 22,000 Total $52,000 64 CHAPTER 37 AN ACT TO PROVIDE FOR THE INVESTMENT OF FUNDS BELONGING TO PATIENTS OF INSTITUTIONS UN-DER THE JURISDICTION OF THE BOARD OF TRUS-TEES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE FOR THE USE OF THE INCOME THEREFROM BY THE INSTITUTIONS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Title 16, Delaware Code, is amended by adding thereto a new Chapter to read : CHAPTER 60. PATIENTS' TRUST FUND § 6001. Definitions As used in this Chapter "Institution" means any institution operated, main-tained, or under the supervision of the Board of Trustees of the Department of Mental Health. "Patient" means any person admitted or committed to, or placed in any such institution for the purpose of treat-ment. § 6002. Co-mingling of funds Any institution which has funds belonging to any patient of the institution, or deposited for the benefit of any patient, may co-mingle such funds by depositing them in any interest or income bearing bank account, or savings and loan associa-tion account, provided such accounts or depaiits are fully guar-anteed by the Federal Savings and Loan Insurance Corpora-tion or other agency of the United States. § 6003. Records of owners The ownership of the principal amount of the funds shall be continued in the respected patients and be accounted for on appropriate records of the institution. Chapter 37 65 § 6004. Use of interest The interest or other income from such deposits earned either before or after the effective date of this Act shall be de-posited with the State Treasurer in a special account and shall be used by the institution to purchase supplies and equipment for the rehabilitation or recreation of the patients of the insti-tution. § 6005. Audit of funds The funds received or retained pursuant to this Chapter shall be audited from time to time by the Auditor of Accounts. Approved April 29, 1969. CHAPTER 38 : ! -AtT iitriAmi*p SOrritiN TITLE 20, DELA-WARE CODE, limAtinsid T0 PENSION BENEFITS' FOR STATE PARAPLEGIC VETERANS. . , . 13e zt elriaeted by the General Aiieliz6V of the State of ware: .1: Section 1. Section 1001 (a) , Title'20;lberaWare Code, 18 hereby,{4merIded: byLstrikingythe figures "60O" as they -appear in,,ithe, -.Ago& Pf aid subsection,, and inserting- in lieu thereof, the figures "1200". Approved April 29, 1969. 66i v*;,11..,i;;) CHARTER. 39) *NI ACT r,r,Q; AAIPAP,14IPPAW4AP LAWS, c1i4Pn.4 7)4, iSECPON; 4PY.:XPP 'icHAYT.P.4-, 01% JITP.E 9 0F7.1JE.;PEIANYAIW I.COPP OPP. P17,0111 9, PCINW4PTPP .,54:$$P$.5iYANIT LN RE- ,: iSPEPT T Ct TPE.:i POSTING; VT. A. SE$4Mg15.1'.' i'M$TS cf):LINTY? ) L Be it enacted by the General Assembly of the State of Dela- 2PRNi 't) ;10. Section 1. 32 Delaware Laws, Chapter :.7,10. ,Section. revised in Chapter 83, Title 9, Delaware Code, § 811.'"(a), (3) is,apiended by striking. out all of the said subsection 3 and in-serqniand eng-eiiiikl in Ireii thereof the .f011okVing new Seetion:: (3) StiSsex.,COunty, by .February assessinetts open for inspection in the office of the Board. ":. :Approve'd Apiil 29; 11969'.''''." 1. zr-!. - .HH.. '3; 673 ; t". . . -, I. f ' H ;;;'. .:ir 1. .; . 1:;, ........... 11 7" .1t) r/, C:1" r);?;:ir..t e.,d oi 'if, 7'4 '",f Ic;;11:1 u: 'Lf11 71W0111"17171 )ff.11111::?..f-ticrso-f 68 CHAPTER 40 AN ACT TO AMEND "AN ACT CHANGING THE CORPO-RATE NAME OF 'THE COMMISSIONERS OF THE TOWN OF CAMDEN' TO 'THE TOWN OF CAMDEN' AND ESTABLISHING A CHARTER THEREFOR" RE-LATING TO INCREASING THE LIMIT OF THE AMOUNT TO BE RAISED BY TAXATION TO TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS. Be it enacted by the General Assembly of the State of Dela-ware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Subsection (13), Section 15, of Chapter 159, Volume 43, Delaware Laws, as amended by Chapter 271, Vol-ume 49, Delaware Laws, is amended to read as follows : (1) The limit of the amount to be raised by taxation under this Section shall not exceed the sum of Twenty-Five Thousand ($25,000.00) Dollars in any one year clear of all de-linquencies and expenses of collection ; provided, however, that the Council of the said Town, whenever authorized by referen-dum vote duly held and conducted in all respects as provided for in Section 5 of this Act, may raise by taxation any amount above and exceeding the sum of Twenty-Five Thousand ($25,000.00) Dollars. At such referendum one set of ballots used shall have written or printed thereon the words "for increased taxation", another set of ballots shall have written or printed thereon the words "against increased taxation" and both sets of ballots shall specify thereon the amount proposed to be raised; when, however, any sum in excess of Twenty-Five Thou-sand ($25,000.00) Dollars shall have been authorized and ap-proved at such referendum, it shall be lawful to raise by taxa-tion such approved sum from year to year without the neces-sity of holding a referendum election each year, when, however, it shall be proposed to increase the sum to be raised each year by taxation above the amount approved at tha last referendum when in order to authorize any such increase a new referendum shall be necessary and whenever any increased sum shall be authorized at any referendum said sum shall represent the Chapter 40 69 maximum amount authorized to be raised from year to year by taxation until any increase shall have been authorized by refer-endum duly held as aforesaid. Approved April 29, 1969. CHAPTER 41 AN ACT TO AMEND SECTION 504, TITLE 7, DELAWARE CODE, RELATING TO AN INCREASE IN LICENSE FEES TO BE PAID BY RESIDENTS OF THIS STATE FOR HUNTING AND TRAPPING LICENSES AND FISHING LICENSES. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 504, Title 7, Delaware Code, is amended by striking the figure "3" as it appears in the first line of said section, and inserting in lieu thereof, the figure 445". Section 2. Section 504, Title 7, Delaware Code, is amended by striking the figure "2" as it appears in the second line of said section, and inserting in lieu thereof, the figure "4". Approved April 29, 1969. CHAPTER. 42 AN !ACT TO AMEND SECTION 509 (2), TITLE 7, DELA-WARE CODE, ; RELATING TO NON-RESIDENT FISH-ING LICENSE FEES. 'Be it'en,acted by the General Assembly of the State of Dela-ware: Section 1. Section 509 (2), Title 7, Delaware Code, is amended to read as follows: (2) A non-resident for a fee of $9.60 may obtain a license to fish in the waters of this State until June 30 next following the date of its issuance when it is otherwise lawful to do so. A non-resident for the fee of $3.20 may obtain a license to fish in the waters of this State for a period of seven consecutive days from the date of its issuance when it is otherwise lawful to do so. Approved April 29, 1969. 72 CHAPTER 43 AN ACT TO AMEND CHAPTER 10 OF PART 1, TITLE 14 OF THE DELAWARE CODE, RELATING TO THE RE-ORGANIZATION OF SCHOOL DISTRICTS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 1006, Subchapter I, Chapter 10, Part 1, Title 14, Delaware Code, is amended by adding a new subpara-graph (c) as follows: (c) All bond issues or portions thereof, approved by the voters of a component former school district or districts prior to July 1, 1969 and remaining unissued on July 1, 1969 may be issued by the reorganized school district and such bonds shall become the common obligation of all of the residents of the reorganized school district and the principal and interest on such bonds shall be paid by means of a common tax levied uniformly throughout the reorganized school district. Section 2. Subparagraph (c) of Section 1006, Subchap-ter I, Chapter 10, Part 1, Title 14, Delaware Code, is hereby redesignated (d). Section 3. This Act shall take effect on July 1, 1969. Approved April 29, 1969. CHAPTER 44 AN ACT MAKING SUPPLEMENTARY APPROPRIATION TO THE DELAWARE STATE DEVELOPMENT DE-PARTMENT FOR THE PURPOSE OF PROVIDING FUNDS FOR A DEPARTMENT REPRESENTATIVE TO ATTEND THE FLORIDA FESTIVAL OF STATES IN ST. PETERSBURG, FLORIDA IN APRIL, 1969, AND TO DEFRAY RELATED EXPENSES. WHEREAS, it is desirable for the State of Delaware to be represented at the Florida Festival of States to be held in St. Petersburg, Florida in April, 1969; and for the Delaware State Development Department to have a representative attend said Festival to carry out the purpose of the Department, including the promotion of a Delaware High School Band attending said festival; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Dela-ware: Section 1. The sum of $900 is hereby appropriated to the Delaware State Development Department to provide funds to the Department to defray the reasonable and necessary expenses involved in sending one Representative of the Department to St. Petersburg, Florida, to attend and participate in the Florida Festival of States to be held in April, 1969; said Representa-tive to attend said Festival to further the purposes of the De-partment as set forth in 29 Delaware Code, Section 4101. Section 2. This Act shall be considered a supplementary appropriation and the monies hereby appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 3. If any of such funds so approriated remain unexpended upon June 30, 1969, such funds shall thereupon revert to the General Fund of the State Treasury. Approved April 29, 1969. 73 74 CHAPTER 45 AN ACT TO AMEND CHAPTER 29, TITLE 29, DELAWARE CODE, RELATING TO THE DUTIES OF THE AUDITOR OF ACCOUNTS AND AUDITING EXPENSES RE-LATED THERETO. WHEREAS, it has been determined that present statutes, and procedures promulgated thereunder, with respect to the responsibilty of performing, or the contracting for the perform-ance of, post-audits of the financial transactions of all State agencies, do not provide for appropriate division of responsi-bility, preclusion of conflicts of interest or essential cost con-trol, NOW, THEREFORE: Be it enacted by the General Assembly of the State of Dela-ware: Section I. Section 2906, Chapter 29, Title 29, Delaware Code, is hereby repealed and the following new Section 2906 is enacted in lieu thereof: § 2906. Duties of Auditor of Accounts The Auditor of Accounts shall conduct post audits of all of the financial transactions of all State agencies. Insofar as possible such audits shall be made annually, and in any event annual audits shall be made with respect to the Office of the State Treasurer, the Office of the State Tax Commissioner and all agencies collecting State revenues of $500,000 or more each year or expending State funds of $500,000 or more each year. At least quarterly during each fiscal year, the Auditor of Accounts shall arrange for an audit to determine that the books and records maintained by the Office of the State Treas-urer are kept in accordance with generally accepted accounting principles and are reconciled with the various bank accounts. In conjunction therewith, the Auditor of Accounts shall recon-cile the records maintained by the office of the State Treasurer with the fund balances maintained and reported by the Budget Director. Chapter 45 175 The Auditor of Accounts shall have sole responsibility for the arrangements under which such agency post-audits shall be conducted, or the selection of certified public account-ants, who shall make such post-audits. No other state agency or member, official or employee thereof shall have any part in, or responsibility for, the choice or selection of certified public accountants, nor shall they make any arrangements, agreements or contracts for the employment of certified public accountants, for the purpose of making agency post-audits. The expenses incurred for the performance of such agency post-audits upon authorization of the Auditor of Ac-counts, shall be charged to the appropriate agency accounts, in accordance with the budgeted capital or general fund appro-priations of the General Assembly. If there be any question as to the proper accounts to be charged, the question shall be resolved by agreement between the Auditor of Accounts and the Budget Director. No provisions of this Section 2906 shall serve to nullify the provisions of Section 5109, Title 14 which shall remain in full force and effect, however any other provision of the Dela-ware Code which stands in conflict with the provisions of this section shall be null and void. Section 2. Section 2907, Chapter 29, Title 29, Delaware Code, is hereby repealed and the following new Section 2907 is enacted in lieu thereof : § 2907. Scope of Audits The audits shall be sufficiently comprehensive to pro-vide, but not limited to, assurance that reasonable efforts have been made to collect all monies due the State; that all monies collected or received by any employee or official have been de-posited to the credit of the State; and that all expenditures have been legal and proper and made only for the purposes con-templated in the funding acts or other pertinent regulations. The audits shall be made in conformity with generally accepted auditing principles and practices. Approved April 30, 1969. 76 CHAPTER 46 AN ACT TO AMEND CHAPTER 10, TITLE 14, DELAWARE CODE, RELATING TO THE ADJUSTED TAX RATE OF REORGANIZED SCHOOL DISTRICTS. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 1010 (a) and (b), Chapter 10, Title 14, Delaware Code, is amended by adding the following sentence at the end of each of the said sections : In no case shall the school boards of districts ordered to consolidate school districts having one-through-nine grades with a co-terminus superimposed high school district set a tax rate for its operational budget where the rate will be more than forty cents per one hundred dollars of assessed valuation higher than the highest rate for operational budget of either of its former component one-through-nine grade school districts plus the rate for the superimposed high school district for fiscal year July 1, 1968 to June 30, 1969. Section 2. § 1010 (e) , Chapter 10, Title 14, Delaware Code, is amended by striking the date "April 1, 1969" where it appears therein and inserting in lieu thereof the date "May 1, 1969." Approved April 30, 1969. 77 CHAPTER 47 AN ACT TO AMEND SECTIONS 356 AND 357, TITLE 30, DELAWARE CODE, RELATING TO THE PRINTING AND DISTRIBUTION OF TAX RETURN FORMS BY THE TAX COMMISSIONER. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Section 356, Title 30, Delaware Code, is amend-ed by adding at the end thereof the following: "Upon such approval of the Tax Board, the Tax Commis-sioner shall, on or before October fifteenth of each successive year, cause to have printed in sufficient numbers all the blanks necessary for the making of all state tax returns." Section 2. Section 357, Title 30, Delaware Code, is amend-ed by striking therefrom the words "February fifteenth" and by inserting in lieu thereof the words "December first." Approved April 30, 1969. 78 CHAPTER 48 AN ACT TO AMEND PART III, TITLE 21, DELAWARE CODE, BY ADDING A NEW CHAPTER 46, RELATING TO THE ADVERTISEMENT AND SALE OF MASTER KEYS AND PROVIDING FOR PENALTY FOR VIOLA-TION THEREOF. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Amend Part III, Title 21, Delaware Code, by adding thereto a new Chapter 46 to read as follows: CHAPTER 46. ADVERTISEMENT AND SALE OF MASTER KEYS § 4601. Introduction, sale, distribution, or advertisement for sale to public of motor vehicle master keys; penalty Whoever knowingly introduces, or manufactures for introduction, into this State or transports or distributes in this State any motor vehicle master key shall be fined not more than $2,000 or imprisoned not more than five (5) years, or both. Whoever knowingly disseminates or knowingly causes to be disseminated any advertisement or sale to the public of this State motor vehicle master keys shall be fined not more than $2,000 or imprisoned not more than five (5) years, or both. As used in this section, "master key" means any key adapted to fit the ignition switch of two or more motor vehicles, the ignition switches of which are designed to operate by dif-ferent keys. § 4602. Exemptions The provisions of § 4601 of this title shall not apply to (1) The introduction, manufacture for introduction, trans-portation, distribution, sale or possession in this State of motor vehicle master keys for use in the ordinary course of business by any bona fide locksmith, vehicle manufacturer, lock manu- Chapter 48 79 facturer, common carrier, contract carrier, new or used car dealer, rental car agency, automobile club or association, or any department, agency, or instrumentality of (a) the State of Dela-ware, the United States, or (b) any political subdivisions of any such entity. The shipment, transportation, or delivery for ship-ment in this State of motor vehicle master keys in the ordinary course of business of any common carrier or contract carrier. Any person, corporation, agency, association, club, de-partment, or carrier possessing any master key pursuant to this section shall, within 30 days after the adoption of this act and every 6 months thereafter, submit to the Motor Vehicle Com-missioner of the State of Delaware a list describing all master keys which it possesses. Any person, corporation, agency, asso-ciation, club, department, or carrier which submits a list pur-suant to this paragraph, which list does not contain any master key which was described in any previous list to the Motor Ve-hicle Commissioner shall, in writing, notify the Motor Vehicle Commissioner of the reason for omission. Whoever knowingly fails to comply with this paragraph shall be fined not more than $2,000 or imprisoned not more than five (5) years or both. Approved April 30, 1969. 80 CHAPTER 49 AN ACT TO AMEND CHAPTER 32, VOLUME 47, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPO-RATE THE TOWN OF FREDERICA" BY INCREASING THE AMOUNT OF ANNUAL TAX TO BE RAISED BY THE COUNCIL AND BY INCREASING THE AMOUNT WHICH COUNCIL IS PERMITTED TO BORROW EACH YEAR. Be it enacted by the General Assembly of the State of Dela-ware (two-thirds of all 'members elected to each branch thereof concurring therein): Section 1. Section 6 of Chapter 32, Volume 47, Laws of Delaware, entitled "An Act to Reincorporate The Town of Frederica" is amended by striking out the words and figures "Five Thousand Dollars ($5,000.00) " as they appear in lines three and four thereof and by inserting in lieu thereof the words and figures "Fifteen Thousand Dollars ($15,000.00)." Section 2. Section 16 of Chapter 32, Volume 47, Laws of Delaware, entitled "An Act To Reincorporate The Town of Frederica" is amended by striking out the words and figures "One Thousand Dollars ($1,000.00)" as they appear in lines two and three thereof and by inserting in lieu thereof the words and figures "Fifteen Thousand Dollars ($15,000.00)." Approved April 30, 1969. CHAPTER 50 AN ACT TO AMEND CHAPTER 239, VOLUME 27, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF VIOLA", BY ES-TABLISHING A NEW CHARTER THEREFOR. Be it enacted by the General Assembly of the State of Dela-ware (two-thirds of all members elected to each House concur-ring therein): Section 1. That the inhabitants of the Town of Viola, Kent County, Delaware, are hereby constituted a municipal corporation and body politic. The name and style of said cor-poration shall be "The Commissioners of Viola" by which name the said corporation may sue and be sued, plead and be impleaded, complain, answer and defend in all courts of this State, and the said corporation shall have and use a common seal of its own devising with power to alter and renew the same. Section 2. The boundaries of said corporation herein-after designated as the Town of Viola, shall be as follows, viz : Beginning at a point in the County Road leading from Canter-bury to Willow Grove, about 995 feet west of the center of the Delaware Railroad tracks ; thence running in a northerly direc-tion a line parallel with said railroad about 974 feet to a point in lands of Purnal F. Friedel ; thence running in an easterly direction a line parallel with W. Howard Street in said town across the tracks of the Delaware Railroad about 2,468 feet to a point in lands formerly of Ed. Todd ; thence running in a southerly direction a line parallel with said Delaware Railroad about 1,987 feet to a point near the late William Evens house ; thence running in a westerly direction a line parallel to said E. Howard Street across the said railroad about 2,468 feet to a point near Virgil Jarrell's house; thence running in a northerly direction about 1,013 feet to the place of beginning. Section 3. The said corporation shall be governed by a Board of Commissioners. They shall elect a President from their own number and shall elect a Treasurer and a Clerk from among the citizens of the said corporation. 81 82 Chapter 50 Section 4. A town election shall be held on the last Satur-day in March, and on the same date in each and every year thereafter in the said town of Viola at the Viola Community House therein between the hours of two o'clock P.M. and four o'clock P.M. Such election may be held by the President of the Commissioners or any other voter in his absence, and two citi-zens chosen by the legally qualified voters present at the open-ing of the polls, who shall be judges of said election, and shall decide the legality of the votes offered. They shall receive the ballots, ascertain the result and cer-tify the same on the books of the Commissioners. At every such election every resident of said town twenty-one years of age or older shall be entitled to a vote. At the annual election held the last Saturday in March, 1969, there shall be chosen two Commissioners to serve for the term of two years or until their successors shall be duly chosen and qualified. At the annual election held on the last Saturday in March, 1970, there shall be chosen three Commissioners to serve for a term of two years or until their successors have been chosen and qualified. At every subsequent annual election the successors to the Commis-sioners whose terms shall have expired shall be chosen to serve for the term of two years, or until their successors have been duly chosen and qualified, and if any vacancy or vacancies shall occur among them by death, resignation, refusal to serve or otherwise, the remaining Commissioners, shall have the power to fill such vacancy or vacancies until the ensuing annual elec-tion, at which time such vacancy or vacancies shall be filled by election of Commissioners to fill out the whole of the unex-pired term of the Commissioner or Commissioners in whose stead they shall be elected. No one shall be eligible to the office of Commissioner unless he has been a resident of said town for a period of at least one year. In the event of a tie vote for the office of the Commissioner, the Commissioners whose term shall not have expired shall cast the deciding votes. All persons de-siring to be candidates at any annual election shall file with the President of the Commissioners. A written statement of their candidacy at least ten days previous to said election and a vote cast for any person whose candidacy has not been so filed shall not be counted. Section 5. There shall be four stated meetings in every Chapter 50 83 year of the said Commissioners, viz : on the last Saturday in March, June, September and December, at which meetings they may pass ordinances and rules for the good government of said town, the lighting and improvement of the streets, the paving or other improving of the sidewalks, the planting and protec-tion of ornamental trees, the repairs and making of public pumps, and for all matters relating to the general welfare of said town provided the same shall not be repugnant to the con-stitution and the laws of the State and of the United States. By such ordinances they may impose fines, penalties and forfeitures and provide for their collection. Also, the President shall, at the request of two or more Commissioners, call a special meeting of the Commissioners whenever they may deem such meeting necessary, and at such meeting they shall have the right to transact any business they may have power to transact at regu-lar meetings. The said Commissioners shall, at their first meet-ing after the election, elect one of their number as President whose duty it shall be to preside at the meetings of the said Commissioners, have the general supervision of all streets in said town, and of the persons who may be employed by the town Commissioners, receive written complaints signed by the citizens making said complaint of nuisances and violations of the laws and ordinances, and present the same to the Commis-sioners at the first stated meeting for action, and such viola-tion or infraction of the laws or ordinances that shall require immediate attention to cause the same to be proceeded on be-fore the Alderman or the nearest available Justice of the Peace to the place where the offense or infraction is alleged to have been committed. He shall sign all warrants on the treasurer for the payment of money and shall perform such other duties as may be prescribed by the ordinances. Section 6. That the Commissioners herein named and their successors in office shall, at their first stated meeting in every year, determine the amount of tax to be raised in said town for that year, not exceeding fifteen hundred dollars in-cluding tax on real and personal property and capitation; and they shall appoint an assessor, who may or may not be one of their number, to make an assessment of persons and property in said town ; and shall also appoint a collector and treasurer, who may or may not be one of their number. The Collector and Treasurer may be the same person. It 84 Chapter 50 shall be the duty of the assessor of said town, within two weeks from his appointment, to make a true, just and impartial valua-tion and assessment of all the real estate not now exempt from taxation for municipal purposes and assessable personal prop-erty within said town, and also an assessment of all the citizens residing in said town above the age of twenty-one years, as well as those owning real estate as those not owning real estate, at least One Dollar per head as tax provided that all vacant lots, pieces and parcels of land within the limits of the town, as the limits may be determined and designated, exceeding five acres in quantity, shall be exempt from taxation for the use and purposes of said town of Viola, but all such lots and pieces and parcels of land exceeding five acres as aforesaid, having a dwelling house thereon shall be assessed and taxed as and for one town lot, and the said assessor shall forthwith, after mak-ing such assessment, deliver to the Commissioners for the time being a duplicate containing the names of all persons assessed and the amount of assessment, distinguishing the real and per-sonal assessment of each. When the assessment is returned, the Commissioners shall give five days' public notice of the fact, and that they will sit together at a certain place, on a certain day, from two to four o'clock in the afternoon, to hear appeals from said assessment ; they shall have power on such day to add to or decrease any assessment. When the appeal day is passed, they shall without delay cause the assessment list to be transcribed and the transcript to be delivered to the collector, who shall thereupon collect from each taxable his proportion of the tax laid, and pay over the whole amount, deducting commission and delinquencies which shall be allowed by the Commissioners to the treasurer by the first day of June next after the receipt of his duplicate. The collector shall have the same power for the collection of said taxes, as are conferred by law, upon collectors of County taxes; provided, however, that in making said assessment for the town of Viola all machinery in any factory now in said town or that hereafter may be erected shall be exempt from taxation for town purposes, and that only the real estate and buildings, belonging to said factory shall be taxed. On all taxes paid after the first day of January next suc-ceeding the delivery of the annual assessment list to the Collec-tor of Taxes shall be added an amount equal to the amount of Chapter 50 85 one per centum per month for each and every month such taxes shall remain unpaid and shall be collected in the same manner as the original amount of the tax. Section 7. A remedy by distress as now prescribed by law is hereby preserved to the Collector of Taxes for the collection of any taxes, assessments or other charges for which he may be responsible. At any time after the delivery of the annual assessment list to the Collector of Taxes the Collector may in the name of the Commissioners of Viola institute suit before any Justice of the Peace of the State of Delaware in any of the counties of the State for the recovery of the unpaid tax assessment or other charge in an action of debt and upon judgment obtained may issue writ of execution as in case of other judgments re-covered before a Justice of the Peace. The said execution shall constitute a lien upon all the per-sonal property of the taxable within the County where the judg-ment shall have been obtained which by virtue of such execution shall be levied upon within thirty days after the issuance thereof and such lien shall have priority over all other liens against said personal property created or suffered by the tax-able except such liens thereon which may be created in regard to County taxes, although such other liens be of a date prior to the time of the attachment of such tax liens. Any time after the delivery of such annual assessment list to the Collector of Taxes the Collector may notify in writing the person, firm or corporation by whom any taxable is employed that the tax assessment or charge due from said employe is due and unpaid. The notice shall be signed by the Collector of Taxes and shall contain correct name of the taxable as it ap-pears on any such list, the amount of the tax, assessment, or other charge due with penalties and interest added if any. Thereupon it shall be the duty of the employer to take from the wages salary or other money then due the taxable the amount of the tax, assessment, or other charge together with penalties and interest added if any owing from the employee and charge the same against him and to pay the same to the Collector of Taxes within ten days. The 'Collector of Taxes shall deliver to the employee a Certificate of Payment which shall be allowed in any accounting between the employer and taxable. If the 86 Chapter 50 employer be notified as aforesaid and having in his hands be-longing to the taxable shall neglect or refusal to comply with the provisions hereof, such employer shall become personally liable for the amount of the tax, assessment or other charges together with penalties and interest due thereon, if any, of the persons as to whom notice was given and the amount thereof may be recovered from such employer in an action of debt before any Justice of the Peace as aforesaid. This process shall be deemed to be in the nature of a garnishment proceeding. Section 8. That the Commissioners, or a majority of them, shall have authority to employ and use the money in the treas-ury of the town for the general improvement, benefit and orna-ment of the said town, as they may deem advisable, and all money paid by the treasurer shall be paid upon order of the Commissioners, or a majority of them, provided that said Com-missioners shall have no authority to create debts on said town to a greater amount than they are authorized to raise by said taxation and receive from the county. Section 9. That any ordinance for the paving or improv-ing the sidewalks shall apply only to those persons owning prop-erty fronting upon them, who, and who alone, shall bear the expenses of making pavements or such other improvements when the same shall be ordered. Provided, that no persons shall be required to pave more than seventy-five feet in any year. If such ordinance be not complied with within three months, the Commissioners may procure the materials and have the work done and collect the expense of the same from the owner of said property in an action at law. Section 10. That the President and Commissioners shall have the superintendence and oversight of all roads and streets now opened, or hereafter to be opened, within the limits of said town, and no overseer of such road or street shall be appointed by the Levy Court of Kent County but the said Levy Court shall annually appropriate for the repair of said roads a sum of money not less than two hundred dollars, and shall make an order for the payment thereof to the treasurer of the town of Viola for the use of said town. Chapter 50. 87. Section 11. That the treasurer and collector shall be sev-erally sworn or affirmed to discharge their respective duties with fidelity; such oath or affirmation may be administered by any person authorized by the laws of this State to administer oaths, or by the President of the Commissioners. They shall also, be-fore entering upon the duties of their office, give bond to the town of Viola, with sufficient surety to be approved by the Commissioners of said town, in the penal sum double the amount of what may be likely to come into their hands, conditioned for the faithful discharge of the duties of their said offices and for the payment to their successors in office of all sums of money belonging to said town which may remain in their hands upon the settlement of their accounts, to which said bonds and condi-tions there shall be annexed a warrant of attorney for the con-fession of judgment for said penalty. The said Treasurer shall pay all orders drawn on him by order of said Commissioners and signed by the president thereof, out of any moneys in his hands belonging to said town. He shall settle his accounts with the said Commissioners annually in the month of March and at such other times as the said Commissioners may require. The treasurer, clerk and assessor of said town shall receive each year a reasonable compensation for their services, to be determined by the Commissioners of said town; provided the compensation of said treasurer, as such, shall not exceed two percent, on all moneys received by him belonging to said town, and of the treasurer acting as collector shall not exceed eight percentum on the taxes collected by him. Section 12. That the town Commissioners at their first meeting or as soon thereafter as convenient, may annually pro-ceed, to elect, by ballot some suitable person, resident in said town to be Alderman of the town of Viola who may or may not be a Justice of the Peace resident of said town to serve as such for the term of one year, or until his successor shall be duly elected, subject, however, to be removed from office at any time by vote of two-thirds of all the Commissioners. Before entering upon the duties of his office he shall be sworn or affirmed by the President of the Commissioners, or by any one of the Com-missioners, to perform the duties of his office honestly, faith-fully, and diligently. In case of temporary disability of the Alderman to perform his duties by reason of sickness or ab- 88 Chapter 50 sence, or otherwise, the same Commissioners may at any meet-ing appoint an acting Alderman for the period of such disability. Section 13. That the Commissioners shall appoint a town clerk, who may or may not be one of their number, who shall keep a record of the proceedings of the Commissioners, and the same shall be evidence. Section 14. That the Commissioner shall appoint one or more persons to serve as police officers for and on behalf of the town of Viola and shall fix his or their compensation. Such police officers shall be under the direction of the President of the Commissioners except as the Commissioners otherwise di-rect. It shall be the duty of such officers to police the town of Viola and they shall have all the powers of municipal police officers and constables of Kent County within the town limits and within one mile adjacent to the corporate limits of said town. Section 15. The Alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses com-mitted in this town, so far as to arrest and hold for bail or fine and imprison offenders ; and, also, all fines, penalties and for-feitures prescribed by this Charter or any law of the state or by an ordinance by the Commissioners and, also, of all neglects, commissions and defaults of any member of the town police force or any other city officer or employee, provided that in the case of the violation of an ordinance he shall impose no fine or penalty in excess of that fixed by the ordinance and shall not commit to prison for a longer term than 30 days in default of the payment of a fine imposed by him. The Kent County Cor-rectional Institution may be used for imprisonment under the provision of this act provided that the Commissioners shall pay for the board of persons committed for breach of ordinances that do not constitute breaches of the general law. Within his jurisdiction as aforesaid the Alderman shall have all the powers and authority of a Justice of the Peace for Kent County. Upon the expiration of the term for which he was chosen, or if any Alderman shall be removed from his office by the Com-missioners as aforesaid provided, he shall deliver to his suc-cessor all the books and papers belonging to this office, and Chapter 50 89 shall pay over at the town treasurer all money in his hands belonging to the town within five days after his removal. Section 16. The said corporation shall have power to lay out, improve, control and police, streets, lanes, alleys, and side-walks in the said town, to regulate, abate, and pass ordinances prohibiting and fixing penalties for, all kinds of nuisances, dis-orders, and practices, and performances which shall be deemed by the Commissioners obnoxious, unhealthy, unsafe, or detri-mental to persons and property within the corporate limits. And to own such property and make such contracts and engage in such business as shall be deemed proper for the improving of the town, for the advantage of its citizens, or for the promotion of the general peace and welfare. Section 17. The Board of Commissioners shall have power, upon the application of ten or more citizens of the town, by petition for the purpose, to locate, lay out, and open any new street, lane or lanes, or alley or alleys, or widen any street, lane or alley heretofore laid out in said town, or reopen any old street or streets, lane or lanes, or alley or alleys, now closed or which may hereafter be closed, which ten or more persons may desire to be located, laid out and opened, or widened or re-opened, allowing to the persons respectively, through and over whose lands such street or streets, lane or lanes, or alley or alleys may pass, such compensation therefor as they shall deem just and reasonable under all circumstances, which compensa-tion, if any be allowed, shall be paid by the treasurer of the town out of the moneys of said town upon warrants drawn upon him by order of the Board aforesaid. Whenever the Board of Commissioners shall have determined to locate and lay out, or widen any street, lane or alley, and shall have fixed the com-pensation therefore, it shall be their duty immediately after the survey and location of the said street, lane or alley, to no-tify, in writing, the owner or owners of the real estate through or over which such street, lane or alley may run, of their de-termination to open or widen the same, and to furnish a gen-eral description of the location thereof, and also the amount of the damages or compensation allowed to each, and if such owner be not resident within the said town to notify the holder or ten-ant of said real estate, but if there be no holder or tenant resi- Chapter 50 dent in said 'town the said notice may be affixed to any part of the premises. If any owner be dissatisfied with the amount of the compensation or damages allowed by the Board of Com-missioners, as aforesaid, he or she may, within ten days ,after such notice, as aforesaid, appeal from the said assessment .of compenation or damages by serving a written notice to that effect on the president of said Board of Commissioners, or the person performing the duties of president of said Board for the time being. In order to prosecute said Appeal, such owner or owners shall within fifteen days after the expiration of the president of Board, or the person performing the duties of president of said Board for the time being, make written appli-cation to the Associate Judge of the Superior Court of this State, resident in Kent County, for the appointment of a com-mission to hear and determine the matter of damages or com-pensation, and thereupon the said associate judge shall issue a commission under his hand directed to five freeholders of the said County, three of whom shall be residents of said town of Viola, and two of whom shall be non-residents of said town, commanding them to assess the damages which the owner of the real estate through or over whose lands said street, lane or alley shall pass, who shall have notified the said Board of their intention to appeal, may incur by reason thereof, and to make return of their proceedings to the said associate judge at a time therein appointed, the freeholders named in such commission being first sworn or affirmed, as in said commission shall be directed, shall view the premises and they, or a majority of them shall assess the damages as aforesaid, and shall make return, in writing, of their proceedings in the premises to the said associate judge, who shall deliver said return to said Board of Commissioners, which' shall be final and conclusive. The said associate judge shall have power to fill any vacancy in the com-mission. The amount of damages being so ascertained, the Board of Commissioners may pay or tender the same to the person or persons entitled thereto, within one month after the same shall be finally ascertained, or if the person or persons so en-titled reside out of, or are absent from town, during said period of one month, or are minors .then the same may be deposited to his or her credit in the Farmers Bank of the State of Dela-ware, at Dover, within said time, and thereupon the said prop-erty or land may be taken or occupied for the uses aforesaid. Chapter 50 91 In the ascertainment and assessment of damages by the free-holders appointed by the associate judge aforesaid, if the dam-ages shall be increased, the costs of the appeal shall be paid by the treasurer of the town out of any money in his hands be-longing to the town, but if said damages shall not be increased the costs of the appeal shall be paid by the party appealing. The fees to the freeholder shall be two dollars per day to each, which shall be taxed as part of the costs. After the damages shall be fixed and ascertained by the freeholders as aforesaid, the Board of Commissioners shall have the option to pay dam-ages assessed, within the time aforesaid and proceed with the said improvements, or, upon the payment of the costs only, may abandon the proposed improvements. Section 18. 'For protection against fire the Commissioners may ,adopt ordinance's with regard to the buildings a |
| Date Digital | 2010 |
| CONTENTdm file name | 3083.cpd |
Description
| Title | Laws of the State of Delaware - Volume 57 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- FIFTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 7, A. D. 1969 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A. D. 1970 PART I VOLUME LVII CHARLES PRINTING CO.. WILMINGTON, DELAWARE |
| CONTENTdm file name | 61215.pdfpage |
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