Laws of the State of Delaware - Volume 70 - Part 1 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- EIGHT
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1995
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 9, A. D.
1996
VOLUME LXX
Part I
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 70 - Part 1 |
| Description | Laws of the State of Delaware. The One Hundred And Thirty-Eight General Assembly First Session Commenced And Held At Dover On Tuesday, January 10, A.D. 1995 Second Session Commenced And Held At Dover On Tuesday, January 9, A.D. 1996 Volume LXX Part I. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY-EIGHT GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A.D. 1995 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 9, A.D. 1996 VOLUME LXX Part I Vol. 70 CHAPTER 1 FORMERLY SENATE BILL NO. 1 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE PUBLIC UTILITY TAX. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §5502(b) of Title 30 of the Delaware Code by striking paragraph (2) of said subsection in its entirety and substitute in lieu thereof a new paragraph (2) to read as follows: 12) A tax is imposed upon any distributor of electricity commodities or services to business locations used primarily for the manufacture (as 'manufacturing' is defined in §2701 of this title and shall not include scientific, agricultural or industrial research, development, or testing) of goods within this State; for food processing (as food processing is described in §2903 of this title), agribusiness processing, or the hatching of chickens in conjunction with either food processing or agribusiness processing within this State; which tax shall be at the rate of 2% of the gross receipts or" tariff charges received by the distributor for said commodities or services distributed within this State. For purposes of this paragraph, in order for a business location to be 'used primarily for the manufacture of goods or food and agri-business processing within this State,' more than 70% of the employees employed at the business location must be employed in such activity exclusively within this State. Employees employed, by way of example and not limitation, in the management or administrative support of facilities other than or in addition to a Delaware manufacturing or food or agri-business processing facility are not employed exclusively in the manufacture of goods or food and agri-business processing within this State. For purposes of this subsection, the 'business location' means all contiguous real property in which the manufacturer or food or agri-business processor, as the case may be, has an interest, including a possessory interest. For purposes of this section 'agribusiness processing' means any processing, working, development, change, conditioning or reconditioning of raw materials or products into products of a different character, or effecting any combination or composition of materials, the inherent nature of which is changed such that the resulting product is food for consumption by livestock or is fertilizer for agricultural use." Section 2, This Act shall be effective for services or commodities distributed on or after January 1,1995. Approved February 3,1995 2 Vol. 70 CHAPTER 2 FORMERLY SENATE BILL NO. 2 AN ACT TO AMEND PART II OF CHAPTER 21, TITLE 21, DELAWARE CODE RELATING TO SPECIAL FARM VEHICLE REGISTRATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §2113(2)(b), Title 21, Delaware Code by striking the number "5" as the same appears therein and substituting in lieu thereof the number "10". Approved February 3, 1995 CHAPTER 3 FORMERLY SENATE BILL NO. 15 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 43, TITLE 29 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF NOTARIES FOR POLICE AGENCIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. AMEND §4305, Chapter 43, Title 29 of the Delaware Code by adding thereto a new inserting a new "subsection (d)" to read as follows: "(d) The Governor shall, upon the request of the Chief of Police or acting Chief of Police of a unit of government whose personnel are full-time police officers and statutorily responsible for the prevention or investigation of crime involving injury to persons or property and who are authorized to execute search warrants and to make arrests, appoint a sufficient number of notaries public as may be requested by the Chief of Police or acting Chief of Police for the proper administration of their agencies. The appointments shall be for a term of four years, without charge to the appointee, Chief of Police or acting Chief of Police or police agency. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgments, except on documents and papers in connection with, and for the benefit of, their respective police agency. The notaries public appointed shall make no charge for any service rendered." Approved February I, 1995 vol. 70 3 CHAPTER 4 FORMERLY HOUSE BILL NO. 39 AN ACT TO AMEND CHAPTER 214, VOLUME 65, LAWS OF DELAWARE, AS AMENDED, BEING THE CHARTER OF THE TOWN OF NEWPORT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section 1. Amend Section 1.02, Chapter 214, Volume 65, Laws of Delaware, as amended, by adding to the end of said section the following: " ALL that certain parcel of land being located in Christiana Hundred, New Castle County, State of Delaware, beginning with the intersection of the centerline of Water Street and the centerline of Copper Drive, thence; running North 50 degrees-00'-00, West 40 feet more or less to the said point of beginning, being North 18 degrees-2V-17", West 30.00 feet more or less; thence running South 76 degrees-43'-35" West, with a radius of 5,411.56 feet and a chord of 933.64 feet, curving to the left; thence running South 5 degrees-30'-00", East 30.03 feet more or less, thence running North 76 degrees-44'-00" East with a radius of 5,441.56 feet and a chord of 990.42 feet curving to the right to the said point of beginning, containing 29,620 +/- square feet of land or 0.68 +1- acres. (Ordinance No. 422, July 12, 1990) ALL that piece or parcel of land which joins and is contiguous to a portion of the southerly boundary of the Town of Newport in Christiana Hundred, State of Delaware BEGINNING at the intersection of the easterly terminal of Water Street, at 50 feet wide, with a line drawn parallel with and 60 feet southwardly at right angles from the southerly rail of the southerly tract of the four main line tracks of railroad of the Philadelphia, Baltimore and Washington Railroad Company; Thence from the point and place of Beginning, along the southerly boundary line of said Railroad Company property, and parallel to said southerly rail of southerly track and distant 60.00 feet southerly therefrom when measured at right angles thereto, North 64 degrees-I P- 30" 2.136.64 feet to the point of tangency of a curve having a radius of 2,994.57 feet; Thence along the southerly boundary line of said Railroad Company property and parallel to said southerly rail of the southerly track of a Branch of Railroad known as the Shellpot Branch, and 60.00 feet southerly therefrom and at right angles and radially thereto, the following seven (7) courses and distances: (I) by said curve to the right in an easterly direction, an arc distance of 130.66 feet to the point of tangency of said curve; (2) North 66 degrees-4 1'-30" East, 200.10' to the point of curvature of a curve having a radius of 807.05'; (3) by said curve to the left in a northeasterly direction, an arc distance of 35.21 to the point of tangency of said curve; (4) North 64 degrees-11'-30" East, 1.367.18' to the point of tangency of a curve having a radius of 6,449.69' (5) by said curve to the left in a northeasterly direction, an arc distance of 262.63' to the point of tangency of said curve: (6) North 61 degrees-5 l'-31" East 272.33' to the point of curvature of a curve having a radius of 9.999.39 and (7) by said curve to the right in an easterly direction, an arc distance of 464.71' to a point. Thence North 25 degrees-28'-43" West 5.00' to a point 55.00' southerly from said southerly rail of southerly track of said Shellpot Branch of Railroad. Thence parallel to the said southerly rail and 55.00' southerly therefrom when measured at right angles thereto, the two (2) following courses and distances (1) North 64 degrees-I1 '-1" East, 254.38' to the point of curvature of a curve having a radius of 11,322.70'; and (2) by said curve to the right in an easterly direction an arc distance of 428.55' to a point in the northerly side of interstate highway 1-95 at 400 feet wide. Thence thereby South 40 4 Chapter 4 Vol. 70 degrees-13.-40" West 587.43 to a point in the mean high water line on the north side of the Christina River. Thence along the said mean high water line on the north side of the Christina River, its various meandering courses thereof, in a southwesterly direction, 5840 feet, more or less, to a corner for lands of Matthew K. Keller, Thence along said lands of Matthew K. Kelter the three (3) following described courses and distances: (1) North 44 degrees-04.-22" West, 262.60 to a point; (2) South 78 degrees-47-38" West 84.30' to a point: and (3) South 59 degrees-43.-51" West, 451.97 to a point in the northeasterly side of Marsh Lane at 50 feet wide; Thence along said northeasterly side of Marsh Lane the three (3) following described courses and distances: (1) North 36 degrees-53.-22" West 11.41' to a point (2) North 74 degrees-29.-22" West, 470.73' to a point; and (3) North 70 degrees-00'- 22" West, 254.83' to the point of intersection of the said northeasterly side of Marsh Lane with the southerly side of Water Street extended; Thence along the terminal end of Water Street, North 25 degrees-48'-30" West, 35.93 to a point in the southerly property line of The Philadelphia, Baltimore and Washington Railroad Company property to the first mentioned point and place of Beginning. Containing within the said described metes and bounds, 23.5 +/- acres of land, be the same more or less. (Ordinance No. 426, adopted February 14, 1991) All that certain piece, parcel or tract of land which adjoins and is contiguous to the westerly and southerly boundary of the Town of Newport, in Christiana Hundred, New Castle County, State of Delaware, more particularly described as follows, to wit: Beginning at a point on the southerly side of the Philadelphia, Baltimore and Washington Railroad, said point being 40 feet off the centerline of tracks 2 and 3, a common comer for that portion of lands of Ciba-Geigy which is presently within the Town of Newport and lands herein being described and located the following five courses and distances along the southerly side of the Philadelphia, Baltimore and Washington Railroad from the point formed by the intersection of the southerly side of the Philadelphia, Baltimore and Washington Railroad (49 feet off the centerline of tracks 2 and 3) with the westerly side of James Street (55 feet wide); 1) 49 feet off and parallel to the centerline of tracks 2 and 3, South 88 degrees, 00 minutes, 08 seconds West, 100.00 feet to a point thence; 2) North 01 degrees, 59 minutes, 52 seconds West, 16.00 feet to a point, thence; 3) 33 feet off and parallel to the centerline of tracks 2 and 3, South 88 degrees, 00 minutes, 08 seconds West, 255.00 feet to a point, thence; 4) South 01 degrees, 59 minutes, 52 seconds East, 7.00 feet to a point, thence; 5) 40 feet off and parallel to the centerline of tracks 2 and 3, South 88 degrees, 00 minutes, 08 seconds West, 324.69 feet to the Point of Beginning. Thence, from said Point of Beginning the following twenty courses and distances: (1) through lands now or formerly of Ciba-Geigy and with the Town of Newport limits, South 00 degrees, 03 minutes, 37 seconds East, 734 feet more or less to a point on the northerly low water line of the Christina River, thence, with same; (2) 554 feet, more or less to a comer for lands now or formerly of E. 1. du Pont de Nemours and Company, thence with same the following fourteen courses and distances; (3) North, 224.20 feet to a point, thence; (4) West, 71.25 feet to a point, thence; (5) South 64 degrees, 32 minutes, 45 seconds West, 153.05 feet to a point, thence; (6) West, 267.70 feet to a point, thence; (7) crossing Christina Street, parallel to a 20 foot wide paved roadway and 2.5 feet more or less easterly and parallel to an existing 8" sewer, north, 300.76 feet to a point, thence; (8) 0.5 feet more or less southerly and parallel to the southerly foundation wall of Building A-216, East, 103.20 feet to a point, thence; (9) parallel to Building A-216 and 11.0 feet more or less parallel to Building A-202, North, 192.50 feet to a point, thence; (10) West, 16.20 feet to a point, thence; (II) North 45.30 feet to a point, thence; (12) radially crossing a spur track, North 64 degrees, 54 minutes, 52 seconds East, 20.00 feet (crossing the centerline of the spur track at 10.00 feet) to a point, thence; (13) North, 121.82 feet to a point in the southerly side of an existing walkway for Water Street, thence, with same; (14) East, 116.10 feet to a point, thence; (15) North, 99.35 feet to a non-tangent point of curvature, thence; (16) by an arc curving to the left having a radius of 390.78 feet, an arc distance of 143.91 feet (chord = North 67 degrees, 04 minutes, 05 seconds West, 143.10 feet) to a non-radial point of reverse curvature on the southerly side of the Philadelphia, Baltimore and Washington Railroad, thence; 17) 60 feet off and parallel to the centerline of tracks 2 and 3, by an arc curving to the right having a radius of 9,762.13 feet, an arc distance of 261,66 feet to a point, thence; (18) radially, North 04 degrees, 12 minutes, 22 seconds West, 20.00 feet to a point, thence; (19) 40 feet off and parallel to the centerline of tracks 2 and 3 this and the next course and distance by an arc curving to the right having a radius of 9,782.13 feet, an arc distance of 377.03 feet to a point Chapter 4 Vol. 70 of tangency, thence; (20) North 88 degrees, 00 minutes, 08 seconds East, 192.02 feet to the Point of Beginning. Containing within said metes and bounds 24.854 acres of land, be they the same, more or less. (Ordinance No. 437, November 11, 1993)" Section 2. Amend Section 3-01, Chapter 214, Volume 65, Laws of Delaware, as amended, by adding the following to the end of said section: "in which case the form of government established shall be known as the Council - Town Manager form." Section 3. Amend Section 3-08, Chapter 214, Volume 65, Laws of Delaware, as amended, paragraph B. Appointment and removals by striking the words "and removal" from the fifth line of the paragraph. Section 4. Amend Section 3-15, Chapter 214, Volume 65, Laws of Delaware, as amended, by deleting the first sentence thereof in its entirety and replacing in lieu thereof the following: "An organizational meeting of the Commissioners of Newport shall be held on the second Thursday in April, immediately prior to the regularly scheduled meeting." Section 5. Amend Section 4-01, Chapter 214, Volume 65, Laws of Delaware, as amended, Paragraph B. Ilse of County Assessments by striking the third sentence in its entirety and replacing in lieu thereof the following: "The Commissioners then shall order the adoption of such County assessment for municipal purposes or the adoption of assessments as determined by the Town assessment authority; provided, however, that adoption of the County assessment for municipal purposes shall not preclude the Town from modifying the County assessment list to take into account new construction, tax exemption status, or use not reflected in the County assessment list, or clear cases of inequitable assessment." Section 6. Amend Section 4-01, Chapter 214, Volume 65, Laws of Delaware, as amended, Paragraph D. Assessment Board of Appeals by striking in its entirety and substituting in lieu thereof the following: D. Assessment Board of Appeals. Each year, at least 30 days before the beginning of the tax year, the Commissioners shall, upon receipt of a application for an assessment appeal, hold a Board of Appeals, during which time the Commissioners shall hear and determine appeals from assessments and shall make such corrections and additions as deemed necessary and proper. The decision of a majority of the Commissioners sitting on appeals shall be final and conclusive in respect to all appeals. No Commissioner shall sit on his/her own appeal, but the same shall be heard and determined by the other Commissioners. After the said valuation and assessment shall be examined and adjusted by the Commissioners, all property taxes shall be levied on real and personal property thus assessed in just and equal proportions. Section 7. Amend Section 4-02, Chapter 214, Volume 65, Laws of 5 6 Delaware, as amended, by deleting all text after the word "shall" in the third sentence, and replacing in lieu thereof the following: "prior to the first day for the fiscal year, the Commissioners shall adopt a tax rate for that year." Section 8. Amend Section 4-03, Chapter 214, Volume 65, Laws of Delaware, as amended, by deleting the first sentence of the section in its entirety without replacement; and that the second sentence of the section be amended to read as follows: "All taxes shall be paid to the Town by the close of business on June 30th, or the next banking day if June 30th falls during a weekend or a holiday, of each year." Section 9. Amend Section 4-04, Chapter 214 Volume 65 Laws of Delaware, as amended, paragraph B. Debt action by deleting the words "Town Clerk" whenever said words occur, and replace in lieu thereof the word "Town". Section 10. Amend Section 5-01, Chapter 214 Volume 65, Laws of Delaware, as amended, by changing the last word of said section from "ordinance" to "ordain". Section 11. Amend Section 5-05, Chapter 214, Volume 65, Laws of Delaware, as amended, by deleting the words "Town Clerk" and substituting in lieu thereof the words "Town Secretary". Section 12. Amend Section 6-02, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking in its entirety and substituting in lieu thereof the following: "All payments out of the Town bank accounts shall be by check. Two signatures must be affixed to all checks. The Mayor, Commissioners and the Town Manager shall be authorized to sign checks." Section 13. Amend Section 6-03, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking in its entirety and substituting in lieu thereof the following: "Section 6-03. Annual Revenue and Operating Budget Annually, and not later than sixty (60) days before the beginning of the fiscal year, the town manager shall submit to the Commissioners a budget for the ensuing fiscal year and an accompanying message. A. Budget Message. The town manager's message shall explain the budget both in terms of work programs and in fiscal terms. It shall describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; summarize Chapter 4 Vol. 70 Chapter 4 Vol. 70 7 the town's debt position; and include such other material as the town manager deems desirable. B. Budget. The budget shall present the financial plan for conducting the affairs of the town for the ensuing fiscal year and shall comprehend all departments, offices and agencies, and all funds and monies anticipated to be realized by and expended by the town during said fiscal year. In organizing the budget, the town manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, activity and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures for the current year. It shall include in separate sections: ( I ) Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs; and (2) Proposed capital expenditures during the ensuing fiscal year. The total of proposed expenditures shall not exceed the total of estimated income." Section 14. Amend Section 6-04, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the following: "Section 6-04. Commissioners Action on the Budget The Commissioners shall cause to be posted in at least five (5) prominent places located in the town, a general summary of the proposed budget, a notice of the times and places where copies of the budget are available for inspection and the time and place for a public hearing on said budget. Such notice shall be posted at least seven (7) days prior to each such hearing. Mier the public hearing, the Commissioners may adopt, by resolution, the budgets with or without amendment. The Commissioners may insert new items or expenditures or may increase, decrease or strike out items of expenditure, except that no item of appropriation of debt service shall be reduced. The budget for the ensuing fiscal year shall be adopted by the Commissioners not later than the last day of the fiscal year currently ending. The tax rate for the ensuing fiscal year shall be adopted at the time the budget is adopted. If it fails to so adopt, the budget submitted by the town manager for operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis with all items in it prorated accordingly, until such time as the council adopts a budget for the ensuing fiscal year. Also, during such period, the Commissioners may appropriate amounts requested by the town manager for specific capital improvement projects, provided that the town manager certify that the necessary funds are available therefore." Section 15. Amend Section 6-05, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the following: "Section 6-05. Budget Amendments after Adoption 8 If at any time during the fiscal year it appears probable to the town manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the council without delay, indicated the estimated amounts of the deficit, any remedial action taken by him, and his recommendations as to any other steps to be taken. The Commissioners shall then take such further action as it deems necessary to prevent or minimize any deficit, and for that purpose, it may reduce one or more appropriations. The town manager may at any time during the fiscal year transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency; and at any time during the fiscal year, upon written request of the town manager, the Commissioners may transfer part or all of any unencumbered appropriation balance from one department, agency to another. All actions taken under the provisions of this section shall be at regular council meetings and shall be recorded in the council minutes." Section 16. Amend Chapter 214, Volume 65, Laws of Delaware, as amended, by re-numbering Section 6-06 to Section 6-07; Section 6-07 to Section 6-08; Section 6-08 to Section 6-09; and Section 6-09 to Section 6-10; and by inserting a new Section 6-06 to read as follows: "Section 6-06. Capital Program A. Submission to the Commissioners. The town manager shall prepare and submit to the Commissioners a five-year capital program at least four (4) months prior to the final date for the submission of the budget. The capital program shall include the following elements and information: A clear general summary of its contents; A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing with appropriate supporting information as to the necessity for such improvements. Cost estimates, method of financing, and recommended time schedules for such improvements; and The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. B. The Commissioner Action on Capital Program. The Commissioners shall hold such deliberations and hearings as it deems desirable conceming the proposed capital program. It shall adopt the final program, with or without amendments, deletions or additions, no later than sixty days prior to the end of the current fiscal year. The town manager shall incorporate the approved capital program and projects for the current year into the budget. C. Definition of "Capital". For the purpose of this section, "capital" shall be defined as any project or equipment, including any extension or addition thereto or thereof, having a life expectancy in excess of, or to be financed over a period greater than six (6) years, or a value exceeding five thousand dollars ($5,000.00). D. Perpetuation of Program. The capital program shall be revised and extended each year with regard to capital improvements still pending or in process Chapter 4 Vol. 70 Chapter 4 Vol. 70 of construction or acquisition. New projects will be added as their need becomes apparent." Section 17. Amend Section 6-08, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking the last sentence in Paragraph B. in. its entirety and substituting in lieu thereof the following: "Provided however; that any sum of money borrowed by the Town Council on the full faith and credit of the Town as aforesaid, shall be paid in full, together with all interest and charges thereon, within a period not to exceed the useful life of the capital asset, or ten (10) years, whichever is less, except for real estate, in which case real estate should be financed within a period not to exceed twenty-five (25) years." Section 16. Amend Section 7-02, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the following: " If and when the Mayor and Commissioners choose not to use the County assessments as specified in Section 4-01, Paragraph B. of this charter, the Mayor, with the advice and consent of three Commissioners shall appoint an officer of the Town who shall have the title of Town Assessor. lie/she shall be a certified real estate assessor in hisTher state of incorporation, and shall have practiced the determination of real estate assessments for at least five years prior to appointment." Section 18. Amend Section 7-03, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking it in its entirety and substituting in lieu thereof the tbllowing: " The Mayor shall appoint, with the approval of three Commissioners, an officer of the town who shall have the title Town Secretary. The Town Secretary shall be appointed at the organizational meeting for a term of one year. The Town Secretary shall authenticate by his/her signature and record in full, in a properly indexed book for that purpose, all ordinances, resolutions, regulations, and meeting minutes adopted and or approved by the council. The Town Secretary shall file and keep in a safe place the Seal of the Town, attest the same when authorized by the Mayor, the Commissioners or the town manager, and perform other duties as may be designated by the Mayor and Commissioners, town manager, this Charter or ordinance." Section 19. Amend Section 7-04, Chapter 214, Volume 65, Laws of Delaware, as amended, by striking the first sentence of the section and substituting in lieu thereof the following: If when the Mayor and Commissioners choose not to appoint a Town Manager as set forth in Article IX of this Charter, the Mayor shall, with the advise and consent of three Commissioners, appoint a Town Clerk." Section 20. Amend Chapter 214, Volume 65, Laws of Delaware, as amended, by striking Section 7-07 Town Fire Marshall in its entirety without replacement; and by renumbering Section 7-08 as Section 7-07; and Section 7-09 as Section 7-08. Section 21. Amend Section 7-07, Chapter 214, Volume 65, Laws of 9 10 Chapter 4 Vol. 70 Delaware, as amended, by adding the following to the end of said section: "The Building Inspector shall report to and received direction from the Town Manager." Section 22. Amend Section 7-08, Chapter 214, Volume 65, Laws of Delaware, as amended, by adding the following to the end of said section: "The Plumbing Inspector shall report to and received direction from the Town Manager." SYNOPSIS I. ARTICLE I, Section 1-02. Geographic 13oundaries This section is amended to reflect the annexation of property which has occurred since the last charter was adopted in 1985. ARTICLE III, Section 3-01. Form of Government Establishes the form of government when a Town Manager is appointed as the "Council - Town Manager" form of government. ARTICLE III, Section 3-08. Commissioners Prohibitions This section is changed so as to not grant the Commissioners license to freely discuss with the Town Manager their views relating to the removal of an employee. Such discussion should be limited due to the fact that the Commissioners are required to serve as a Board of Appeal for employee appeals from disciplinary actions, pursuant to Article IX, Section 9- 4. ARTICLE HI, Section 3-15. Organizational Meeting Changes the time for the annual organizational meeting to the second Thursday in April. ARTICLE IV, Section 4-01. Property Assessment l'roeedure, Changes the circumstances in which the town may modify the County assessment list to include tax exemption status, and to exclude change in ownership; and changes the date requirements for the determination to use County assessments. ARTICLE IV, Section 4-01. Property Assessment Procedure Establishes that upon proper receipt of an application for an assessment appeal, such hearing shall be held. ARTICLE IV, Section 4-02 Levy of Taxes Eliminates outdated reference to the "Town Treasurer position, and established the requirement that the Commissioners establish the tax rate prior to the first day of the fiscal year. ARTICLE IV, Section 4-03. Payment of Taxed Eliminates the reference to the "Town Clerk" position as it relates to the payment of taxes. Chapter 4 Vol. 70 9. ARTICLE IV, Section 4-04. Collection of Delinquent Taxes - Generally Eliminates the reference to the "Town Clerk" position as it relates to the collection of taxes. ARTICLE V., Section 5-01. Ordinances Generally Corrected a typographical error in the original by changing the word "ordinance" to "ordain". ARTICLE V, Section 5-05. Authentication and Recordation Replaces the title "Town Clerk" with the title "Town Secretary" as it relates to authentication and recordation of ordinances, resolutions and regulations adopted by the Commissioners. ARTICLE VI, Section 6-02. Payment of Monies out of Town Treasury Removes the reference to the title "Town Clerk" as it relates to the drafting of checks for payment and establishes that any combination of two of the Town Manager and the Mayor and the Commissioners shall be authorized to sign checks. ARTICLE VI, Section 6-03. Annual Revenue and Operatingiludget Establishes formal requirements for the submission and approval of the annual revenue and operating budget. ARTICLE VI., Section 6-04 Commissioners Action on the Budget ARTICLE VI., Section 6-05. Budget Amendments after Adoption Restates the requirements of the Commissioners in regards to action on the budgets. Sets procedures for the funding of town operations and capital projects in the event no budget is adopted prior to the start al the fiscal year. Establishes procedures for the amendment of the budget, including allowing the Town Manager to transfer unencumbered appropriation balances among programs within any department. ARTICLE VI, Section 6-04. The Capital Plan and Capital Budget Restates the formal requirements relating to the proposal and adoption of the capital plan and the capital budget. ARTICLE VI, Section 6-07. Borrowing for Current Expense and Capital Expenditures Changes the term for which monies borrowed must be repaid to not to exceed the useful life of the asset or ten (10) years, whichever is less, except for real estate which should be financed within a period not to exceed twenty five years. ARTICLE VII, Section 7-02. Assessor Restates the requirements for the "Assessor" position, allowing for the position to be vacant in the event the Commissioners choose to adopt the County assessment rolls for the town and restating the qualifications for the position. 11 1 2 Chapter 4 Vol. 70 ARTICLE VII, Section 7-03. Town Secretary Restates the language regarding the "Town Secretary" position. ARTICLE VII, Section 7-04. Town Clerk Restates the charter requirement relating to the "Town Clerk position by establishing that the position shall be used only when there is not a Town Manager appointed by the Commissioners. ARTICLE VII, Section 7-07. Town Fire Marshall Deletes said section without replacement. ARTICLE VII, Section 7-08. Town Building Inspector Restates the charter requirements relating to the "Town Building Inspector" to state that the position shall be under the direction of the Town Manager. ARTICLE VII, Section 7-09. Torm_Plunhing.Insacetur Restates the charter requirements relating to the "Town Plumbing Inspector" to state that the position shall be under the direction of the Town Manager. Approved February 3, 1995 CHAPTER 5 FORMERLY SENATE BILL NO. 14 AN ACT TO AMEND CHAPTER 358, VOLUME 69, LAWS OF DELAWARE RELATING TO IMPLEMENTATION DATE OF THE STATE REGISTER OF REGULATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Chapter 358, Volume 69, Laws of Delaware, being House Bill No. 611 of the 137th General Assembly, by striking the date "March I, 1995" as the same appears therein and substituting in lieu thereof the following: "The State Register shall be implemented six months following the hiring of the Registrar". Approved February 10, 1995 Vol. 70 13 CHAPTER 6 FORMERLY SENATE BILL NO. 20 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTERS 1, 7, 9, II, 22, 23, 27, 29, AND 32 OF TITLE 5, DELAWARE CODE RELATING TO BANKS AND OTHER FINANCIAL INSTITUTIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all members elected to each house thereof concurring therein): Section I. Amend Chapter I of Title 5, Delaware Code, by adding a new section to read as follows: "l44. Restrictions on use of words 'savings' or trust' in corporate name. No financial institution established under this title shall have or use the word 'savings' in its title or name, nor shall any financial institution established, licensed or authorized to transact business under this title which is not a bank and trust company, a limited purpose trust company or a trust company have or use the word 'trust' in its title or name." Section 2. Amend Chapter 7 of Title 5, Delaware Code, by deleting Section 721 in its entirety. Section 3. Amend Section 906 of Title 5, Delaware Code, by deleting the words "; which penalty shall be sued for by the State Bank Commissioner in the name of the State unless he" and inserting in lieu thereof "unless the Commissioner". Section 4. Further amend Section 906 of Title 5, Delaware Code, by adding the following sentence to the end thereof: "Any penalty that may be imposed by the Commissioner hereunder shall be paid to the State Treasurer for deposit in the General Fund." Section 5. Amend subsection (a) of Section 928 of Title 5, Delaware Code, by deleting the words not more than $200 or imprisoned not more than 1 year, or both." immediately following the words "shall be fined" as they appear therein and by inserting in lieu thereof "$1,000 per day in accordance with §143 of this title, except that subsection I43(c) shall not apply. In addition, any such person or agent or official of any such corporation, firm or association of individuals may be imprisoned not more than one year." Section 6. Amend subsection (e) of Section 1101 of Title 5, Delaware Code, by deleting the words "subsection (a)" as they appear in the second sentence and by inserting in lieu thereof "subsection (a)(1)b.". Section 7. Amend subsection (t) of Section 1101 of Title 5, Delaware Code, by deleting the words "subsection (a)" as they appear in the first sentence and by inserting in lieu thereof "subsection (a)(1)b.". Section 8. Amend the title of Section 2206 of Title 5, Delaware Code, by deleting the period (.) at the end thereof and by adding the words "; acquisition" in lieu thereof. Section 9. Further amend Section 2206 of Title 5, Delaware Code, by designating the entire existing section as "subsection (a)" and by adding a new subsection (b) to read as follows: "(b) Upon written request, the Commissioner may in his discretion grant conditional approval for the acquired licensee to conduct its business under its existing license for a 14 Chapter 6 Vol. 70 period not to exceed 60 days in cases where the control of the licensee changes and where a new application for licensure has been filed in accordance with §2203 of this chapter." Section 10. Amend Section 2310 of Title 5, Delaware Code, by deleting the words "on or before January 1, applicant shall file with the Commissioner" as they appear in the first sentence and by inserting in lieu thereof the words "at least 30 days prior to the expiration of such license, applicant shall file with the Commissioner a renewal application together with". Section 11. Further amend Section 2310 of Title 5, Delaware Code, by deleting the words "on or before each January 1" as they appear in the fourth sentence and by inserting in lieu thereof the words "together with a renewal application not less than 30 days prior to the expiration of such license". Section 12. Further amend Section 2310 of Title 5, Delaware Code, by adding the following sentences to the end thereof: The Commissioner may mandate that applications for renewal shall be treated as new applications if said renewal applications are not on file with the Office of the State Bank Commissioner by January 1 of each year. Licensees which have not complied with supervisory letters may be refused license renewal." Section 13. Amend Section 2720 of Title 5, Delaware Code, by deleting the last sentence and by inserting in lieu thereof the following language: "Every holder of a license or a renewal thereof, as provided for in this section, desiring to continue the transaction of business as provided for in this chapter, shall at least 30 days prior to the expiration of such license or renewal thereof make application to the Commissioner on forms to be provided by the Commissioner for a license renewal. The Commissioner may mandate that applications for renewal shall be treated as new applications if said renewal applications are not on file with the Office of the State Bank Commissioner by January 1 of each year. Licensees who have not complied with supervisory letters or who have not paid examination fees when due may be refused license renewal." Section 14. Amend Chapter 29 of Title 5, Delaware Code, by adding a new Section 2903 and redesignating the existing Section 2903 as Section 2904 and renumbering all subsequent sections sequentially thereafter. The new Section 2903 shall read as follows: "§2903, Renewal of license. Every holder of a license or a renewal thereof, as provided for in this section, desiring to continue the transaction of business as provided for in this chapter, shall at least 30 days prior to the expiration of such license or renewal thereof make application to the Commissioner on forms to be provided by the Commissioner for a license renewal. The Commissioner may mandate that applications for renewal shall be treated as new applications if said renewal applications are not on file with the Office of the State Bank Commissioner by January I of each year. Licensees who have not complied with supervisory letters or who have not paid any supervisory assessment or examination fees when due may be refused license renewal." Section 15. Amend Chapter 32 of Title 5, Delaware Code, by deleting the existing Section 3210 in its entirety and by adding a new Section 3210 to read as follows: "§3210. Renewal of license; annual license fee. Every holder of a license or a renewal thereof, as provided for in this section, desiring to continue the transaction of business as provided for in this chapter, shall at least 30 days prior to the expiration of such license or renewal thereof make application to the Commissioner on forms to be provided by the Commissioner for a license renewal. Each licensee shall pay to the Commissioner annually, together with its application for license renewal, a license fee of $200 for the ensuing calendar year. The Commissioner may mandate that applications for renewal shall be treated as new applications if said renewal applications are not on file with the Office of the State Bank Commissioner by January 1 of Chapter 6 Vol. 70 each year. Licensees who have not complied with supervisory letters or who have not paid examination fees when due may be refused license renewal." Section 16. If any provision of this act or the application of any section or part thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this act which can be given effect without the invalid provision or application. Section 17. This act shall take effect immediately upon its adoption except that Sections 6 and 7 all become effective January 1, 1996. Approved February 10, 1995 CHAPTER 7 FORMERLY SENATE BILL NO. 31 AN ACT TO AMEND THE STATUTORY PROVISIONS OF §106 (a), TITLE 13, OF THE DELAWARE CODE RELATING TO THE MARRIAGE OF ELIZABETH BINGHAM AND SCOTT DOUGLAS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Elizabeth Bingham and Scott Douglas are hereby exempted from the provisions of Da C. §106 (a) which state that a clergyman or minister of a recognized religion, or the clerks of the peace of various counties may solemnize marriages; and the Honorable Alexander J. Smalls of the Delaware Court of Common Pleas is hereby authorized to solemnize the marriage between Elizabeth Bingham and Scott Douglas. The Clerk of the Peace for New Castle County shall issue to Elizabeth Bingham and Scott Douglas one official marriage license pursuant to this Act, the provisions of the 13 Del, C. 106 to the contrary notwithstanding. Approved February 10, 1995 15 16 Vol. 70 CHAPTER 8 FORMERLY SENATE BILL NO. 74 AS AMENDED BY SENATE AMENDMENT NOS. 2 AND 4 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein): Section 1: Amend § 6097(c), Title 7, Delaware Code by deleting the existing subsection in its entirety and inserting in lieu thereof the following: "The Department shall collect annual permit fees, payable annually or in quarterly installments, which will result in the collection during calendar years 1995-1999, in the aggregate, from the sources listed in subsection (a) of this section, of a fee in dollars in proportion to tons of emission of each regulated air pollutant, except carbon monoxide, as follows: For sources with emissions between 0-9 tons, $1,000; For sources with emissions between 10-25 tons, $2,000; For sources with emissions between 26-50 tons, $3,000; For sources with emissions between 51-75 tons, $5,500; For sources with emissions between 76-100 tons, $7,000; For sources with emissions between 101-200 tons, $12,000; For sources with emissions between 201-400 tons, $20,000: For sources with emissions between 401-800 tons, $40,000; For sources with emissions between 801-1,600 tons, $75,000; For sources with emissions between 1,601-3,200 tons, $100,000; For sources with emissions between 3,201-6,000 tons, $120,000; For sources with emissions between 6,001-10,000 tons, $130,000; and For sources with emissions greater than 10,000 tons, $225,000. For sources in existence as of December 31, 1990, such fees shall be based upon the inventory of such emissions conducted by the Department set forth in the document entitled "The 1990 Delaware Point Source Emission Inventory of Estimate Actual Regulated Air Pollutants." Sources not in existence as of December 31, 1990, or not included in the above noted document, shall be assessed on the amount of permitted emissions, until such time as estimates of actual emissions can be derived by the Division from records of the source and inspections. Synthetic minor Title V sources shall pay the appropriate Title V fees as established within this subsection. These fees may be increased on annual basis by no more than the Federal Consumer Price Index for the previous calendar year. Any increases in lees are subject to review and approval by the committee established pursuant to Section 6098 of this Chapter. After December 31, 1999, no Chapter 8 Vol. 70 fees shall be collected pursuant to this subsection unless authorized by a further Act of the General Assembly." Section 2. Amend § 6097(d), Title 7, Delaware Code by inserting a period "" after the word "pollutant" and before the word "or" in the first sentence thereof and deleting the remaining text of that sentence. Section 3. Amend § 6098, Title 7, Delaware Code by deleting the last three sentences thereof and inserting in lieu thereof the following: "The Committee shall provide the Governor and the General Assembly with a report on or before February I of each year, for the previous calendar year, identifying the amounts and sources of fees collected pursuant to § 6097 of this subchapter, the expenditures made by the Department to implement the Program, information regarding the performance of the Program, whether the fees collected by § 6097 of this subchapter are adequate to ensure the effective implementation of the Program, and recommendations to remedy or improve any deficiencies or elements of the Program. The Committee shall submit its final report on or before February 1, 2000 and shall cease to exist on that date absent a further Act of the General Assembly." Section 4. The fee schedule established in this Act shall apply retroactively to January I, 1995 provided, however, that any fees paid in 1995 under the Title V Operating Permit Program fee schedule in effect before the enactment of this Act shall be credited against fees due under this Act. Approved Marc!, 28, 1995 CHAPTER 9 FORMERLY SENATE BILL NO.) AN AcT TO AMEND TITLE 21. DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF TI-IE STATE OF DELAWARE: Section 1. Amend Title 21. Delaware Code by striking §2137(d) §2138(d) S2121A(d) §2139(d) S2139A(d) §21398(d) S2139C(d) and S2140(f). Approved April 3. 1995 CHAPTER 10 FORMERLY SENATE BILL NO. 10 AN ACT TO AMEND CHAPTER 128, VOLUME 33, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE niE TOWN OF MIDDLETOWN" TO GIVE THE MAYOR THE LIMITED RIGHT TO VOTE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section 7, Chapter 128, Volume 33, Laws of Delaware, as amended, be and the same is hereby further amended by adding a new paragraph at the end thereof to read as follows: "In addition to the duties and powers set out above, the Mayor shall have the power to vote on any matter before council, but only in the event of a tie vote." Approved April 3, 1995 17 CHAPTER 11 FORMERLY SENATE BILL NO. 12 AN ACT TO AMEND CHAPTER 1, TITLE 23, DELAWARE CODE, RELATING TO PILOTAGE RATES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §131(a)(2), Title 23, Delaware Code, by striking the language commencing with the words "Effective January 1, 1993" and ending with the number and words "$5.02 per unit" and inserting immediately after the words "Effective January 1, 1995 $5.32 per unit" the following: "Effective January I, 1996 $5.75 Effective January I, 1997 $6.21 Effective January I, 1998 $6.58". Section 2. Amend §131(b)(2), Delaware Code, by striking the language commencing with the words "Effective January I, 1993" and ending with the number and words "$5.02 per unit" and inserting immediately after the words "Effective January I, 1995 $5.32 per unit" the following: "Effective January 1, 1996 $5.75 Effective January I, 1997 $6.21 Effective January 1, 1998 $6.58" Approved April 3, 1995 CHAPTER 12 FORMERLY HOUSE BILL NO. 2 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. I AN ACT TO AMEND CHAPTER 21, TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE REGISTRATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend subsection 2140(g), Chapter 21, Title 21 of the Delaware Code by creating a new subsection to be designated as subsection (4), to read as follows: "(4) Members of Delaware Nur Temple, the Marine Corps League, Delaware Veterans of World War 2 Inc., and the Service Alumni Association, provided that at least 100 applications for special plates must be received from members before the Division of Motor Vehicles will approve the issuance of the special plate." Approved April 3, 1995 18 vol. 70 CHAPTER 13 FORMERLY HOUSE BILL NO. 28 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 9, TITLE 10 OF THE DELAWARE CODE RELATING TO HOUSE ARREST FOR ADJUDICATED JUVENILES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §1009(c), Title 10 of the Delaware Code by redesignating paragraph (14) as (15) and adding a new paragraph (14) which shall read as follows: "(14)Order the child to be placed under house arrest under the same requirements set forth in §4332 and Subchapter IX, Chapter 43. Title II of the Delaware Code." Approved April 7, 1995 CHAPTER 14 FORMERLY HOUSE BILL NO. 74 AN Aur To AMEND AN AcT BEING CHAPTER 291. VOLUME 69 LAWS OF DELAWARE, ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1995; Sl'ECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT sTATuToRy PROVISIONS" TO PERMIT THE PURCHASE OF EQUIPMENT FOR ELECTRONIC MONITORING OF ADJUDICATED JUVENILES. BE IT ENACFED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Section 209, page 154. Chapter 291, Volume 69, Laws of Delaware by striking lines 26 and 27 in their entirety. Approved April 7, 1995 Vol. 70 19 20 Vol. 70 CHAPTER 15 FORMERLY SENATE BILL NO. 21 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 9, TITLE 19, DELAWARE CODE RELATING TO EXCLUSIONS FROM MINIMUM WAGE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §901(5) of Title 19, Delaware Code by adding thereto a new subsection (h) to read as follows: "(h) Any inmate in the custody of the Department of Correction and any inmate on work release who participates in the Prison Industries programs or other programs sponsored for inmates by the Department of Correction pursuant to Chapter 65 of Title II or other applicable Delaware law, unless said inmate is employed by an employer other than the State or a political subdivision thereof." Approved April 7, 1995 CHAPTER 16 FORMERLY SENATE BILL NO. 71 AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE ACTIVITIES AND TAXATION OF EDGE ACT CORPORATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section I. Amend §101 (9) Title 5 of the Delaware Code by redesignating the existing paragraph e. as f., and by adding thereto a new paragraph e. as follows: "(e) The underwriting, distributing and dealing in debt and equity securities outside of the United States and the conduct of any activities permissible to a banking organization described in paragraph c. of subsection (7) of this section, or any of its subsidiaries, in connection with the transaction of banking or other financial operations." Section 2. Amend the redesignated paragraph f. of §10I (9) Title 5 of the Delaware Code by striking the letter and punctuation "d." as the same appears in said paragraph, and substituting therefor the letter and punctuation "c.". Section 3. Amend §1101 Title 5 of the Delaware Code by adding thereto a new subsection (h) as follows: "(h) For purposes of this chapter, an Edge Act corporation as defined in §101 (7)c. of this Title which is not 'engaged in banking' as defined at 12 C.F.R. §211.2 (f), or any subsidiary thereof, may elect to be taxed in accordance with Chapter 19 of Title 30 in lieu of this Chapter.". Approved April 12, 1995 Vol. 70 CHAPTER 17 FORMERLY SENATE BILL NO. 82 AN ACT TO AMEND THE LAWS OF DELAWARE RELATED TO HEALTH PLANNING AND RESOURCES MANAGEMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1, Title, 16, Section 9304 of the Delaware Code shall not apply to application number 94-015 submitted to the Bureau of Health Planning by the Mary Campbell Center on December 19, 1994. Approved April 12, 1995 CHAPTER 18 FORMERLY SENATE BILL NO. 43 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 27, TITLE 21 OF THE DELAWARE CODE RELATING TO LICENSE QUALIFICATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend the last sentence of the first paragraph of Subsection 2707(6)(7), Title 21, Delaware Code, by deleting the word "revoke" and substituting in lieu thereof the word "suspend". Approved April 13, 1995 21 22 Vol. 70 CHAPTER 19 FORMERLY SENATE BILL NO. 58 AN ACT TO AMEND CHAPTER 70, TITLE 21, DELAWARE CODE RELATING TO FIRE LANES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 70, Title 21, Delaware Code by striking §7001(f) thereof and substituting in lieu thereof the following: "(f) Whoever violates this section shall be fined not less than $50.00 or more than $100." Approved April 13. 1995 CHAPTER 20 FORMERLY HOUSE BILL NO. 17 AN ACT TO AMEND CHAPTER 5, SUBCHAPTER VII, SUBPART E. TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF "1HE STATE OF DELAWARE: Section I. Amend Chapter 5, Subchapter VII, Subpart F. §1448A, Title 11 of the Delaware Code by striking existing subsection (e) in its entirety and in lieu thereof, substituting the following: "(e) The SBI shall establish a toll-free telephone number which shall be operational between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 5:00 p.m. Sunday for purposes of responding to inquiries as described in this section from licensed manufacturers, licensed importers and licensed dealers. The foregoing notwithstanding, the telephone number need not be operational on Christmas Day, Thanksgiving Day or on Easter Sunday. The SBI shall employ and maintain such personnel as are necessary to administer the provisions of this section." Approved April 13, 1995 vol. 70 CHAPTER 21 FORMERLY HOUSE BILL NO. 32 AS AMENDED BY HOUSE AMENDMENT NO. 2 AN ACT TO AMEND TITLE 29, DELAWARE CODE. BY ADDING THERETO A NEW CHAPTER AUTHORIZING A LEAVE OF ABSENCE WITH PAY FOR STATE EMPLOYEES PARTICIPATING IN SPECIALIZED DISASTER RELIEF SERVICES FOR TI-IE AMERICAN RED CROSS. - BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section I. Amend Title 29, Delaware Code, by adding thereto a new Chapter. which Chapter shall read in its entirety as follows: "Chapter 60. Disaster Service Volunteer Leave. §6001. Short Title. This Act may be cited as the Disaster Service Volunteer Leave Act. §6002. Definitions. As used in this Chapter, unless the context indicates a different intent: 'State Agency' or 'Agency' means any State office, officer, official, department, board, commission, institution, bureau, agency, division or unit of the State, including those within the legislative and judicial branches of State government. 'Disaster' means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures, including both national and State disasters. Certified Disaster Service Volunteer' or 'Volunteer' means any person who has completed the necessary training for and been certified as a disaster service specialist by the American Red Cross §6003. Disaster Service Volunteer Leave. An employee of a State agency who is a Certified Disaster Service Volunteer may be granted leave from work with pay, in accordance with subsection (b) below, for up to an aggregate of fifteen work days, consecutively or non-consecutively, in any twelve-month period to participate in specialized disaster relief services for the American Red Cross in connection with any disaster, upon the request or the American Red Cross for such employee's services and upon the approval of such employee's employing agency. An employee of a State agency granted leave pursuant to subsection (a) above shall be compensated by his employing agency at his regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other (Mtn of pay or compensation in addition to his regular pay. An employee of a State agency who is granted leave pursuant to subsection (a) shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave. 23 24 The State of Delaware shall not be liable for workers' compensation claims arising from accident or injury while the State employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a State agency. In determining whether to grant leave to an employee, his employing agency may consider the needs of the American Red Cross for expertise in a particular certified area. The employee's activities and job functions while on leave, however, shall not be directed by the State but shall be determined and controlled solely by the American Red Cross. An employee who is on leave pursuant to this section shall not be deemed to be an employee of the State for purposes of the Delaware fort Claims Act." Approved April 13, 1995 CHAPTER 22 FORMERLY HOUSE BILL NO. 43 AN ACT TO AMEND CHAPTER 92, TITLE 10 OF THE DELAWARE CODE RELATING TO JUSTICES OF THE PEACE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §9210(d), Chapter 92, Title 10, Delaware Code, by striking the words "Delaware Law School" as they appear therein and substituting in lieu thereof the words "Widener University School of Law". Approved April 13, 1995 Chapter 21 Vol. 70 Vol. 70 25 CHAPTER 23 FORMERLY HOUSE BILL NO. 59 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 9, TITLE 10 OF TI-LE DELAWARE CODE RELATING TO PRIVACY IN FAMILY COURT PROCEEDINGS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §1063, Title 10 of the Delaware Code by striking the existing subsection (b) in its entirety and substituting in lieu thereof the following: "(b) All records concerning any child shall be made available to the Superior Court and the Department of Services for Children, Youth and Their Families, and whenever a child is arrested, convicted or acquitted for a crime classified by Title 11 as a felony, or a class A misdemeanor for juveniles ages 13 through 17, the Clerk of the Family Court, or any state or local police authority, shall release the name and address of the child and the name of the child's parents upon request by a responsible representative of public information media." Approved April 13, 1995 26 Vol. 70 CHAPTER 24 FORMERLY HOUSE BILL NO. 90 AN ACT TO AMEND CHAPTER 21, TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF MOTOR VEI-IICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein): Section I. Amend Chapter 21, Title 21 or the Delaware Code by adding thereto a new section which shall read as follows: "Section 2139D. Special License Plates for Recipients of Medals or Commendations for Valor. (a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for assignment to that vehicle of a special Valor registration number; provided, however, that the owner of the vehicle must possess official documentation which indicates that such owner is the recipient of a medal or commendation for valor while serving in the United States Armed Forces, including, but not limited to, the Congressional Medal of I-ionor, the Silver Star, the Bronze Star, the Flying Cross, the Navy Cross, or a Letter of Commendation if awarded for valor under combat conditions. (2) This section applies only to: A private passenger vehicle; or A truck with a 3/4-ton or less manufacturer's rated capacity. Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is a veteran of World War I, World War II, the Korean Conflict, the Vietnam Conflict, Operation Dessert Storm or other military conflict on foreign soil in which United States armed forces were fora-tally engaged in battle. No fee in addition to the annual registration fee otherwise required by this title is required for registration under this section; provided, however, that an original application under this section shall be subject to a $10.00 administrative fee which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Department projects notwithstanding the provisions of Chapter 13 and 14 of Title 2, Delaware Code to the contrary_ The Department shall reserve sufficient special license plates including the letter "V" and numbered consecutively beginning with the numeral "I" as are necessary to implement this section. In addition, any special license plate issued pursuant to this section shall include an insignia of the specific medal or commendation awarded to the applicant. Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person's estate, requesting that such plate be returned to the Department within ninety (90) days." Approved April 13, 1995 Vol. 70 27 AN ACT TO AMEND THE DELAWARE CODE PAUL HERDMAN. BE IT ENACTED DELAWARE: CHAPTER 25 FORMERLY SENATE BILL NO. 57 AS AMENDED BY SENATE AMENDMENT NO. 1 STATUTORY PROVISIONS OF §106 RELATING TO THE MARRIAGE OF BY TI IE GENERAL ASSEMBLY (a), TITLE 13, OF THE DANA BALICK AND OF THE STATE OF Section I. Dana Balick and Paul Herdman are hereby exempted from the provisions of Section 106(a) of Title 13 of the Delaware Code which states that a clergyman or minister of a recognized religion, or the clerks of the peace of various counties may solemnize marriages; and the Honorable Bernard Balick of the Delaware Court of Chancery is hereby authorized to solemnize the marriage between Dana Balick and Paul Herdman. The Clerk of the Peace for New Castle County shall issue to Dana Balick and Paul Herdman one official marriage license pursuant to this Act, the provisions of Section 106 of Title 13 of the Delaware Code to the contrary notwithstanding. Approved April 13.1995 CHAPTER 26 FORMERLY HOUSE BILL NO. 89 AS AMENDED BY HOUSE AMENDMENT NOS. I AND 2 AND SENATE AMENDMENT NOS. 2 AND 3 AN ACT TO AMEND CHAPTERS 27 AND 41, TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 4177, Title 21 of the Delaware Code by deleting the catchline in its entirety and inserting, in lieu thereof, the following: "§4177. Driving a vehicle while under the influence; evidence; arrests; and penalties." Section 2. Amend Section 4177(a), Title 21 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following: "(a) No person shall drive a vehicle: (I) when the person is under the influence of alcohol; when the person is under the influence of any drug; when the person is under the influence of a combination of alcohol and any drug; when the person's alcohol concentration is .10 or more; or when the person's alcohol concentration is, within four hours after the time of driving, .10 or more." Section 3. Amend Section 4177(b), Title 21 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following: "(b) In a prosecution for a violation of subsection (a) of this section: the fact that any person charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense. it shall be an affirmative defense to a prosecution premised on subsection (a)(5) if the person proves by a preponderance of evidence that the person consumed a sufficient quantity of alcohol after the time of driving and before any sampling to cause the person's alcohol concentration to exceed .10. Such evidence shall not be admitted unless notice of this defense is given to the prosecution at least twenty days before trial. the charging document may allege a violation of subsection (a) without specifying any particular subparagraph of subsection (a) and the prosecution may seek conviction under any of the subparagraphs of subsection (a)." Section 4. Amend Section 4177(c), Title 21 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following: 28 Vol.70 I; Chapter 26 Vol. 70 '(c) For purposes of Subchapter III of Chapter 27 of this title, this section, and §4177B of this title, the following definitions shall apply: (I) 'alcohol concentration of .10 or more' shall mean: an amount of alcohol in a sample of a person's blood equivalent to .10 or more grams of alcohol per hundred milliliters of blood; or an amount of alcohol in a sample of a person's breath equivalent to .10 or more grams per two hundred ten liters of breath. 'chemical test or 'test' shall include any form or method of analysis of a person's blood, breath, or urine for the purposes of determining alcohol concentration or the presence of drugs which is approved for use by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory, any state or federal law enforcement agency, or any hospital or medical laboratory. It shall not, however, include a preliminary screening test of breath performed in order to estimate the alcohol concentration of a person at the scene of a stop or other initial encounter between an officer and the person. 'drive' shall include driving, operating, or having actual physical control of a vehicle. 'vehicle' shall include any vehicle as defined in §I01(48) of this title, any off-highway vehicle as defined in §101(54) of this title, any moped as defined in §101(53) of this title, and any bicycle as defined in §I01(52) of this title. 'while under the influence shall mean that the person is, because of alcohol or drugs or a combination of both, less able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the driving of a vehicle. 'alcohol concentration of .20 or more' shall mean: An amount of alcohol in a sample of a person's blood equivalent to .20 or more grams of alcohol per hundred milliliters of blood; or An amount of alcohol in a sample of a person's breath equivalent to 20 or more grams per two hundred ten liters of breath." Section 5. Amend Section 4177(e), Title 21 of the Delaware Code by adding as the second paragraph thereto the following: "No person who violates subsection (a) of this section shall receive a suspended sentence. However, for the first offense, the period of imprisonment may be suspended." Section 6, Amend Section 4177(1), Title 21 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following: "(f) For purposes of a conviction premised upon subsection (a) of this section, or any proceeding pursuant to this Code in which an issue is whether a person was driving a vehicle while under the influence, evidence establishing the presence and concentration of alcohol or drugs in the person's blood, breath, or urine shall be relevant and admissible. Such evidence may include the results from tests of samples of the person's blood, breath or urine taken within four hours after the time of driving or at some later time. In any proceeding, the resulting alcohol or drug concentration reported when a test, as defined in subsection (c)(2) of this section, is performed shall be deemed to be the actual alcohol or drug concentration in the person's blood, breath or urine without regard to any margin of error or tolerance factor inherent in such tests. ( I ) Evidence of an alcohol concentration of .05 or less in a person's blood, breath or urine sample taken within four hours of driving and tested as defined in subsection (c)(2) of this section is prima facie evidence that the person was not under the influence of alcohol within the meaning of this statute. Evidence of an alcohol concentration of more than .05 but less than .10 29 30 Chapter 26 Vol. 70 in a person's blood, breath or urine sample taken within four hours of driving and tested as defined in subsection (c)(2) of this section shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person wakunder the influence of alcohol. Evidence obtained through a preliminary screening test of a person's breath in order to estimate the alcohol concentration of the person at the scene of a stop or other initial encounter between a law enforcement officer and the person shall be admissible in any proceeding to determine whether probable cause existed to believe that a violation of this Code has occurred. flovvever, such evidence shall not be admissible in the determination of guilt under this section. Nothing in this section shall preclude conviction of an offense defined in this Code based solely on admissible evidence other than the results of a chemical test of a person's blood, breath or urine to determine the concentration or presence of alcohol or drugs. A jury shall be instructed by the court in accordance with the applicable provisions of this subsection in any proceeding pursuant to this Code in which an issue is whether a person was driving a vehicle while under the influence of alcohol or drugs or a combination of both." Section 7. Amend Section 4177(g), Title 21 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following; '(g) (I) For the purpose of introducing evidence of a person's alcohol concentration pursuant to this section, a report signed by the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist who performed the test or tests as to its nature is prima facie evidence, without the necessity of the Forensic Toxologist, Forensic Chemist, or State Police Forensic Analytical Chemist personally appearing in court: that the blood delivered was properly tested under procedures approved by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, or the Delaware State Police Crime Laboratory; that those procedures are legally reliable; that the blood was delivered by the officer or persons stated in the report; and, that the blood contained the alcohol therein stated. (2) Any report introduced under paragraph (1) of this subsection must: identify the Forensic Toxologist, Forensic Chemist or State Police Forensic Analytical Chemist as an individual certified by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, the Delaware State Police Crime Laboratory, or any county or municipal police department employing scientific analysis of blood, as qualified under standards approved by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, or the Delaware State Police Crime Laboratory to analyze the blood; state that the person made an analysis of the blood under the procedures approved by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, or the Delaware State Police Crime Laboratory; and, state that the blood, in his or her opinion, contains the resulting alcohol concentration within the meaning of this section. Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in the report entered pursuant to paragraphs (1) and (2) of this subsection. (3) For purposes of establishing the chain of physical custody or control of' evidence defined in this section, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery stated, without the necessity of a personal appearance in court by the person signing the statement, in accordance with the same procedures outlined in 10 Del. C. §4331(3). Chapter 26 Vol. 70 In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least fifteen days prior to the trial, require the presence of the Forensic Toxologist, Forensic Chemist, State Police Forensic Analytical Chemist, or any person in the chain of custody as a witness in the proceeding." Section 8. Amend Section 4177(h), Title 21 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following: "(h) In addition to any other powers of arrest, any law enforcement officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer. This authority to arrest extends to any hospital or other medical treatment facility located beyond the territorial limits of the officer's jurisdiction provided there is probable cause to believe that the violation of this section occurred within the officer's jurisdiction. This authority to arrest also extends to any place where the person is found within four hours of the alleged driving of a vehicle if there is reason to believe the person has fled the scene of an accident in which he or she was involved, and provided there is probable cause to believe that the violation of this section occurred within the officer's jurisdiction." Section 9. Amend Section 4177B(a)(4), Title 21 of the Delaware Code by striking said paragraph in its entirety and substituting in lieu thereof the following: "(4) did not have an alleged alcohol concentration of .20 or more at the time of driving or within four hours of driving; and". Section 10. Amend Section 4177B(e), Title 21 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following: '(e) For purposes of §§2742, 4177, and 41 77B of this title, the following shall constitute a prior or previous conviction; participation in a course of instruction or program of rehabilitation pursuant to §§2742(h),4177, 4177B, or 4 I 77D of this title, or any similar statute of any state, local jurisdiction, any federal or military reservation, or the District or Columbia, within the five years immediately preceding the date of the present offense, regardless of the existence or validity of any accompanying attendant plea or adjudication of guilt. a conviction pursuant to §4177 of' this title, or a similar statute of any state, local jurisdiction, any federal or military reservation, or the District of Columbia, within the five years immediately preceding the date of the present offense; a conviction, under a criminal statute encompassing death or injury caused to another person by the person's driving, where driving under the influence or with a prohibited alcohol concentration was an element of the offense. For the purpose of computing the periods of time set out in this subsection, the period shall run from the completion of the course of instruction or from the entry of the judgment of conviction, whichever is later, to the date of the commission of the charged offense. In any proceeding under §§2742, 4177, or 4177B of this title a person may not challenge the validity of any prior or previous conviction unless he or she first successfully challenges the prior or previous conviction in the court in which the conviction arose and provides written notice of the challenge in the present proceeding to the prosecution at least twenty days before trial." Section 11. Amend Section 2742(0(2), Title 21 by deleting the entire second sentence of said paragraph and substituting in lieu thereof the following: "For purposes of this subsection an alcohol concentration of .10 or more pursuant to testing provided for in this section, or §4177 of this title, or a positive indication of' the presence of drugs, shall be conclusive evidence of said violation." 31 32 Chapter 26 Vol. 70 Section 12. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to severable. Section 13. Any action, case, prosecution, trial or any other legal proceeding in progress under or pursuant to the previous wording of the sections amended by this Act, no matter what the stage of the proceeding, shall be preserved and shall not become illegal or terminated upon the effective date of this Act. For purposes of such proceedings in progress the prior law shall remain in full force and effect. Section 14. This Act shall become effective upon signature of the Governor. Approved April 27, 1995 CHAPTER 27 FORMERLY HOUSEBILLNO. 173 AN ACT TO AMEND AN ACT TO AMEND §508 AND §518, TITLE 7 OF THE DELAWARE CODE RELATING TO LICENSE FEES FOR NONRESIDENTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein): Section 1. Amend §508, Title 7 of the Delaware Code by striking it in its entirety and substituting in lieu thereof the following: "§508. License fees for nonresidents. Nonresidents shall pay to the Department or its duly constituted agents the following license fees: $86.00 for a general hunting license. $25.00 for a trapping license. $15.00 for a general fishing license. $5.20 for a 7-day fishing license (good for 7 consecutive days from the date of issuance). $35.00 for a small game hunting license good for 3 consecutive days from the date of issue and not valid for hunting waterfowl, deer or turkeys and not valid for hunting on any publicly owned land. $10.00 for an additional permit to kill a single deer." Section 2. Amend §518, title 7 of the Delaware Code by deleting the dollar value "$5." as it appears in subsection (c) of that section and substituting in lieu thereof: "$6.". Approved April 27, 1995 CHAPTER 28 FORMERLY SENATE BILL NO. 46 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO WAIVER OF INSPECTIONS OF TRUCKS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 2143, Chapter 21, Title 21 of the Delaware Code by adding the following subsection (t) thereto: "(f) The Department shall waive the requirement for inspection for all vehicles or motor vehicles registered under the International Registration Plan pursuant to Chapter 4 of this Title. The Department may adopt rules and/or procedures to implement this subsection." Approved April 27, 1995 CHAPTER 29 FORMERLY SENATE BILL NO. 64 AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2 AN ACT TO AMEND CHAPTER 27, OF TITLE 29 OF THE DELAWARE CODE RELATING TO THE LOCAL GOVERNMENT INVESTMENT POOL. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §2718(a), Title 29, Delaware Code by striking the first sentence commencing with the words "The governing body" and ending with the words "State Treasurer" and substituting a new sentence to read as follows: "The governing body or investing authority of a local government, meaning any city, town, or county in Delaware, or any conservation district organized pursuant to Chapter 39 of Title 7 of the Delaware Code, or any volunteer fire company organized pursuant to Chapter 66 of Title 16 of the Delaware Code, or the Delaware Volunteer Fireman's Association, the three county Volunteer Fireman's Associations, Volunteer Ambulance Companies, and the Volunteer Fireman's Ladies Auxiliary Mutual Relief Association, Inc., may pay moneys of the local government or organization into the Local Government Investment Pool which shall be In the custody of the State Treasurer." Approved April 27, 1995 Vol. 70 33 34 vol. 70 CHAPTER 30 FORMERLY SENATE BILL NO. 127 AN ACT TO AMEND SECTION 106 OF TITLE 13, DELAWARE CODE, RELATING TO THE SOLEMNIZATION OF MARRIAGES BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 106, Title 13, Delaware Code, by redesignating current subsection (d) as (e) and inserting a new subsection (d) as follows: "(d) In the case of absence or disability of the duly elected clerk of the peace, the chief deputy or, if there is no chief deputy, a deputy employed in the office of the clerk of the peace, shall be authorized to solemnize marriages.". Approved May 4, 1995 CHAPTER 31 FORMERLY HOUSE BILL NO. 205 AN ACT TO WAIVE CERTAIN STATUTORY PROVISIONS OF CHAPTER I, TITLE 13 OF THE DELAWARE CODE RELATING TO THE MARRIAGE OF KRIS DEYERLE AND JOSEPH CANNATELLI. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Kris Deyerle and Joseph Cannatelli are hereby exempted from the provisions of 13 ad, C, § 106(a) which state that a clergyman or minister of a recognized religion, or the clerks of the peace of various counties, may solemnize marriages; and the Honorable Vincent Poppiti of the Delaware Family Court is hereby authorized to solemnize the marriage between Kris Deyerle and Joseph Cannatelli. The Clerk of the Peace for New Castle County shall issue to Kris Deyerle and Joseph Cannatelli one official marriage license pursuant to this Act, the provisions of 13 DL C. Chapter 1 to the contrary notwithstanding. Approved May 4, 1995 Vol. 70 35 CHAPTER 32 FORMERLY HOUSE BILL NO. 206 AN ACT TO WAIVE CERTAIN STATUTORY PROVISIONS OF CHAPTER 1, TITLE 13, OF THE DELAWARE CODE RELATING TO THE MARRIAGE OF MEGAN BALLARD AND DAVID MAZER. Section I. Megan Ballard and David Mazer are hereby exempted from the provisions of 13 psi, C., § 106(a) which state that a clergyman or minister of a recognized religion, or the clerks of the peace of various counties may solemnize marriages; and the Honorable Vincent Poppiti of the Delaware Family Court is hereby authorized to solemnize the marriage between Megan Ballard and David Mazer. The Clerk of the Peace for New Castle County shall issue to Megan Ballard and David Mazer one official marriage license pursuant to this Act, the provisions of 13 MI, C, Chapter 1 to the contrary notwithstanding. Approved May 4, 1995 CHAPTER 33 FORMERLY SENATE BILL NO. 50 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 42, TITLE II, DELAWARE CODE, RELATING TO THE METHOD AND IMPOSITION OF SENTENCE OF DEATH. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §4209(f) of Chapter 42 of Title Ii, Delaware Code, by inserting the following immediately after the word "witnesses" as it appears in the first sentence: "which shall not exceed ten". Approved May 15, 1995 36 Vol.70 CHAPTER 34 FORMERLY HOUSE BILL NO. 98 AS AMENDED BY HOUSE AMENDMENT NOS. 1,2 AND 3 AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 4177(d), Title 21 of the Delaware Code by inserting a new paragraph "(3)" to read as follows: "(3) In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection (a) of this section committed while a person who has not yet reached his or her seventeenth birthday is on or within the vehicle shall: a, for the first offense, be fined an additional minimum of $230 and not more than an additional $1,150 and sentenced to perform a minimum of forty hours of community service in a program benefiting children. for each subsequent like offense, be fined an additional minimum of $575 and not more than an additional $2,300 and sentenced to perform a minimum of eighty hours of community service in a program benefiting children. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both subsection (a) of this section and any offense as defined elsewhere by the laws of this State. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible as evidence in the trial of any civil action." Section 2. Amend Section 4I77B(a), Title 21 of the Delaware Code by adding thereto a new subparagraph "(6)" after the phrase "at the time of the offense in question:" as follows: "and (6) is not subject to the enhanced penalties of §4177(d) (3) for carrying a child on or within his or her vehicle while driving under the influence;". Section 3. Amend Section 417713(f), Title 21 of the Delaware Code by changing the number "(5)" to the number "(6)" as it appears in the first sentence of that subsection. Approved May 15, 1995 Vol. 70 37 CHAPTER 35 FORMERLY HOUSE BILL NO. 111 AN ACT TO WAIVE THE STATUTORY PROVISIONS OF CHAPTER 1, TITLE 13, OF THE DELAWARE CODE RELATING TO THE MARRIAGE OF PATRICIA GALLAGHER AND TERRY MC CANDLISH. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE; Section I. Patricia A. Gallagher and Terry L. McCandlish are hereby exempted from the provisions of 13 Del, C, §106(a) which state that a clergyman or minister of a recognized religion, or the clerks of the peace of various counties may solemnize marriages; and the Honorable Carolyn Berger of the Delaware Supreme Court is hereby authorized to solemnize the marriage between Patricia A. Gallagher and Terry L. McCandlish. The Clerk of the Peace for New Castle County shall issue to Patricia A. Gallagher and Terry L. McCandlish one official marriage license pursuant to this Act, the provisions of 13 12e1, C, Chapter 1 to the contrary notwithstanding. Approved May 15, 1995 38 Vol. 70 CHAPTER 36 FORMERLY HOUSE BILL NO. 91 AS AMENDED BY HOUSE AMENDMENT NOS. 1 & 2 AND SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTERS 27 AND 41, TITLE 21 OF THE DELAWARE CODE RELATING TO UNDERAGE POSSESSION OR CONSUMPTION OF ALCOHOL, DRIVERS' LICENSES, AND RULES OF THE ROAD. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thceof concurring therein): Section I. Amend Chapter 41, Title 21 of the Delaware Code by adding thereto a new section "41771" to read as follows: "§ 41771. Driving by person under the age of 21 after consumption of alcohol; penalties. Whoever, being under the age of 21 years, drives, operates, or has actual physical control of a vehicle, an off-highway vehicle, or a moped while consuming or after having consumed alcoholic liquor, shall have his or her driver's license and/or privileges revoked for a period of 2 months for the first offense and not less than 6 months nor more than 12 months for each subsequent offense. If the underage person does not have a driver's license and/or privileges, the person shall be fined $200 for the first offense and not less than $400 nor more than $1,000 for each subsequent offense. In any proceeding under this section, evidence may be admitted of the amount of alcohol in the blood or breath of such underage person as determined by a specimen taken within 4 hours of the time when such person is alleged to have driven, operated, or been in control of a vehicle after having consumed alcoholic liquor as shown by an analysis of his or her breath, blood, urine, or saliva. Evidence that there was at the time of the test an alcohol concentration of .02 or more in his or her blood or breath is prima facie evidence that the person had consumed alcoholic liquor. 'Alcohol concentration of .02 or more in his or her blood or breath' shall mean (I) an amount of alcohol in a sample of a person's blood equivalent to .02 or more grams of alcohol per hundred milliliters of blood; or, (2) an amount of alcohol in a sample of a person's breath equivalent to .02 or more grams per two hundred ten liters of breath. This provision shall not preclude a conviction based upon other admissible evidence. In addition to any other powers of arrest, any police officer is hereby authorized to arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section, regardless of whether the alleged violation was committed in the presence of such officer." Section 2. Amend Section 2740, Title 21 of the Delaware Code by deleting the symbol and substituting in lieu thereof the symbol "§§" and by inserting the phrase, "and 41771" between the number "4177" and the word "or as they appear in the first sentence of said section; and further amend said section by inserting the phrase ", 41771" between the number '4177" and the word "or" as they appear in the second sentence of said section. Section 3. Amend Section 2742(c), Title 21 of the Delaware Code by deleting the comma as it appears the first time in the first sentence of said subsection and substituting in lieu thereof a colon :"; and by redesignating the remaining portion of that subsection as paragraph Section 5. Amend Section 2742(c), Title 21 of the Delaware Code by adding a new paragraph "(2)" to said subsection to read as follows: Upon certification by the police officer that there existed probable cause to believe that the person was in violation of § 41771 of this title or a local ordinance substantially conforming thereto, and the person was arrested on that occasion for a violation of § 41771 of this title or a local ordinance substantially conforming thereto, the Secretary shall revoke the person's driver's license and/or driving privileges for a period of 2 months for the first offense under said section or from 6 to 12 months for each subsequent offense pursuant to said section." Section 6. Amend Section 2742(0(2), Title 21 of the Delaware Code by deleting the phrase "subsection (c)" as it appears in said paragraph and substituting in lieu thereof the phrase "subsection (c)(I)". Section 7. Amend Section 2742(0, Title 21 of the Delaware Code by redesignating the current paragraph "(3)" as paragraph "(4)" and by inserting a new paragraph "(3)" to read as follows: With respect to subsection (c)(2) of this section, whether by a preponderance of the evidence it appears that the person was in violation of § 41771 of this title or a local ordinance substantially conforming thereto. For purposes of this subsection an alcohol concentration of .02 or more pursuant to the testing referred to in this section shall be conclusive evidence of said violation." Section 8. Amend Section 2749, Title 21 of the Delaware Code by inserting the phrase "or § 41771" between the number "4177" and the word "of' as they appear in said section. Section 9. Amend Section 4177F, Title 21 of the Delaware Code, by striking the word 'or' as it appears the first time in that section and inserting the phrase or 41771' between the number "4117E" and the word "of" as they appear in that section. Section 10. Amend Section 2743(b), Title 21 of the Delaware Code, by striking the phrase "§2742(c)" as it appears in that subsection and inserting in lieu thereof the phrase "§2742(c)(1)." Section II. Amend Section 2743(c), Title 21 of the Delaware Code, by striking the phrase 12742(b) or (c)" as it appears in that subsection and inserting in lieu thereof the phrase "§2742(b){1) or (c)( I )." Section 12. Amend Section 274 1(a), Title 21 of the Delaware Code, by inserting the phrase "(1)" between the word "be" and the word "revoked" as they appear in the first sentence in that subsection and by inserting the phrase "if a violation of §4 I 77 is alleged; or (2) revoked for a period of at least 2 months if a violation of §41771 is alleged" between the word "year" and the period "." as they appear in that same sentence. Section 13. Amend Section 2742(b), Title 21 of the Delaware Code, by redesignating the entirety of that subsection as paragraph "(1)" and adding a new paragraph "(2)" to said subsection to read as follows: "(2) Upon certification by the police officer that there existed probable cause to believe that the person had been acting in violation of §41771 of this Title or a local ordinance substantially conforming thereto and that the person refused to submit to a chemical test after being informed of the penalty of revocation for such refusal, the Secretary shall revoke the person's driver's license and/or driving privilege for a period of 2 months for a person with no previous violation of §41771 of this Title or this Section or a similar statute of any state or the District of Columbia or local government; 6 months for a person with a previous violation of such statutes as described above; and 12 months revocation for a person with 2 or more previous violations of such statutes as described above. Section 14. Amend Section 2742(e), Title 21 of the Delaware Code, by inserting the phrase "or §41771" between the numeral "4177" and the word "of" as they appear in that subsection. Chapter 36 39 Vol. 70 Vol. 70 40 Chapter 36 Section 15. Amend Section 2742(f)(1), Title 21 of the Delaware Code, by inserting the phrase "or §4177I" between the numeral "4177" and the word "of" as they appear in that paragraph. Section 16. Amend Section 2743(a), Title 21 of the Delaware Code, by deleting the phrase 12742(b)" as it appears in the paragraph and inserting the phrase "§2742(b)(I)". Section 17. Amend Section 2743 by redesignating subsections "(d)" and "(e)" as subsections "(f)" and "(g)" and inserting new subsections "(d)" and "(e)" to read as follows: "(d) Any revocation pursuant to §2742(b)(2) of this Title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation. (e) Any revocation pursuant to §2742(c)(2) of this Title shall be for a period of 2 months, 6 months or 12 months as appropriate, from the effective date of the revocation." Section 18. This Act shall become effective sixty days (60) after its enactment into Law. Approved May 18, 1995 CHAPTER 37 FORMERLY SENATE BILL NO. 96 AN ACT TO AMEND CHAPTER 27, TITLE 21 RELATING TO CIVIL l'ENALTIES FOR UNLAWFUL APPLICATION FOR, OR USE OF, A DRIVER'S LLCENSE OR IDENTIFICATION CARD. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §2733(a)(5), Title 21 of the Delaware Code by deleting said paragraph in its entirety and substituting in lieu thereof the following: "(5) Has violated subsection (a) or (b) of §2751 of this title;". Approved May 18, 1995 CHAPTER 38 FORMERLY HOUSE BILL NO. 57 AS AMENDED BY HOUSE AMENDMENT NO. 2 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD. WHEREAS, enactment of this legislation will help reduce many bike-related head injuries and deaths suffered by children; and WHEREAS, each year in the United States, eight thousand children are killed and fifty thousand more are permanently disabled; and WHEREAS, in 1990, an estimated three hundred eighty-three thousand, four hundred fifty-nine children were treated in emergency rooms for bike-related injuries; and WHEREAS, seventy-five percent of all bike-related injuries include trauma to the head; and WHEREAS, this Act will help mitigate these injuries within the State of Delaware by requiring children to wear approved bicycle helmets; and WHEREAS, a BIPED (Bicycle Injury Prevention Education, Delaware) program serving a minimum of eight thousand students each year has now been offered to the public for five years NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section I. Amend Subchapter XII, Chapter 41, Title 21 of the Delaware Code by adding thereto a new section to read: "§4 I 98J. Helmet Requirements. A person under sixteen years of age shall not operate, ride upon, or ride as a passenger any bicycle, unless that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standard of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard or subsequent standard) or the Snell Memorial Foundation's 1984 Standard (or subsequent standard) for Protective Headgear for Use in Bicycling. This requirement shall apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle. Any guardian who fails to cause his child to wear a bicycle helmet, as provided herein, shall be fined for the first offense twenty-five dollars, and for each subsequent offense, fifty dollars. The Court may dismiss all charges pursuant to this Section upon presentation of evidence that a violator hereof has purchased or obtained a bicycle helmet which meets or exceeds the standards set forth herein subsequent to the violation. The requirements of this Section shall apply at all times while a bicycle is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes. Failure to wear a bicycle helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of Vol. 70 41 42 Chapter 38 Vol. 70 any accident in which a person under sixteen years of age is injured, nor shall failure to wear a bicycle helmet be admissible as evidence in the trial of any civil action." Section 2. (1) The Delaware Bicycle Council, in cooperation with the Departments of Public Safety and Public Instruction and the Cooperative Extension Services of the University of Delaware and Delaware State University, shall sustain and improve the program of bicycle safety education offered to the public in each of the counties of the State. The State shall initiate a statewide bicycle helmet bank for those that cannot afford to purchase bicycle helmets to be in place by the date this Act becomes effective. This Act shall become effective April 1, 1996. Approved May 23, 1995 CHAPTER 39 FORMERLY HOUSE BILL NO. 110 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 81, TITLE 9 OF THE DELAWARE CODE RELATING TO THE POWER OF THE SUSSEX COUNTY GOVERNMENT TO IMPOSE AND COLLECT A TAX UPON THE PLACEMENT OF A MOBILE HOME. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Chapter 81, Title 9 of the Delaware Code by designating present section 8104 as `§8105' and renumbering the remaining sections of Chapter 81, Subchapter I, Title 9, in sequence and by adding a new section §8104 to read as follows: "§ 8104. Placement of mobile homes subject to Sussex County taxation. Notwithstanding any statue to the contrary, the Sussex County government shall have the power by ordinance to impose and collect a tax, to be paid by the applicant, upon the application for a permit for the placement of a mobile home within the unincorporated areas of the county; provided, however, that any tax upon the placement of a mobile home shall not be greater than one percent of the value of the mobile home as represented by the permit application; and further provided, that nothing herein shall limit or otherwise affect the power of the county to impose and collect by ordinance fees for placement permits for mobile homes; and further provided, that the county government shall by ordinance exempt from taxation mobile homes owned by those organizations contained in § 8105 and § 8106, Subchapter I, Chapter 81, Title 9 of the Delaware Code; and further provided, that the county government shall by ordinance exempt from taxation mobile homes which are not subject to taxation pursuant to § 8363, Subchapter II, Chapter 83, Title 9 of the Delaware Code. The funds realized by the county pursuant to this tax shall be segregated from the county's general fund and the funds, and all interest thereon, shall be expended solely for the benefit of the county's independent libraries. The government of Sussex County may adopt by ordinance or ordinances to provide for the effective administration and regulation of any taxes adopted pursuant to the authority conferred to this Act." Approved May 25, 1995 CHAPTER 40 FORMERLY SENATE BILL NO. 141 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE TO INCREASE THE JURISDICTION OF THE VIOLENT CRIMES COMPENSATION BOARD. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 11 of the Delaware Code by adding a new Section 9019 thereto to read as follows: "§9019. Payment for forensic medical examinations for victims of sexual offense. (a) The cost of a forensic medical examination done for the purpose of gathering evidence that can be used in the prosecution of a sexual offense may be paid from the Victim Compensation Fund. (b) 'Forensic medical examination' shall be defined as medical diagnostic procedures examining for physical trauma, and determining penetration, force, or lack of consent. The cost of the examination shall include collecting all evidence as called for in the sexual offense evidence collection kits and may include any of the following, if done as part of the forensic medical examination: I. Physician's fees for the collection of the patient history, physical, collection of specimens, and treatment for the prevention of venereal disease, including one return follow-up visit; Emergency department expenses, including emergency room fees and cost of pelvic tray, and Laboratory expenses for wet mount for sperm, swabs for acid phosphates and ABH antigen; blood typing; serology for syphilis and Hepatitis B; cultures for gonorrhea, chlamydia, trichomonas, and other sexually transmitted diseases; pregnancy testing; urinalysis; and any other laboratory test needed to collect evidence that could be used in the prosecution of the offense. (c) Hospitals and health care professions shall provide forensic medical examinations free of charge to the victims of sexual offenses. Any hospital or health care professional performing a forensic medical examination shall seek reimbursement for the examination from the patient's insurance carrier, including Medicaid and Medicare, if available. If insurance is unavailable, or does not cover the full costs of the forensic medical examination, the service provider may seek reimbursement from the Compensation Fund. The Board shall authorize the repayment for reasonable expenses incurred during the forensic medical examination. Such reimbursement shall not exceed a maximum amount to be determined by the Board. If the hospital or health care professional has recovered from insurance, the Board shall only provide compensation sufficient to total the maximum amount provided for in the Board's rules and regulations. (d) The victim of the sexual offense shall not pay any out-of-pocket costs associated with the forensic medical examination and shall not be required to file an application with the Board. Notwithstanding other language in this Chapter, all forensic medical examinations of victims of a sexual offense not covered by insurance shall be paid for through the Victim Compensation Fund and such payment shall be considered full compensation to the hospital or health care professional providing such services. (e) In addition to, and at the same time as, any other fine or penalty assessed on any criminal defendant, all defendants convicted of a sexual offense as defined in II Del. C §76I Vol. 70 43 44 Chapter 40 Vol. 70 shall be assessed an additional fine that shall be used to reimburse the Victim Compensation Fund for forensic medical examination payments. All defendants convicted of sexual offenses shall pay $50 for each misdemeanor level count for which they are convicted and $100 for each felony level count for which they are convicted. All fines paid in accordance with this section shall be deposited into the Victim Compensation Fund. (0 Nothing in this section shall preclude victims from applying to the Board for other costs incurred." Approved May 26, 1995 CHAPTER 41 FORMERLY SENATE BILL NO. 144 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE TECHNICAL AND COMMUNITY COLLEGE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 14 of the Delaware Code by adding thereto a new §9 I 1 I to read as follows: 9111. Name of campus in Sussex County. The Sussex County campus of the Delaware Technical and Community College shall be named 'Jack F. Owens Campus'." Approved May 26, 1995 CHAPTER 42 FORMERLY HOUSE BILL NO. 189 AN ACT TO AMEND CHAPTER 83, TITLE 9 OF THE DELAWARE CODE RELATING TO THE VALUATION OF LAND DEVOTED TO AGRICULTURE, HORTICULTURAL OR FOREST USE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend § 8335(d)(I), Chapter 83, Title 9 of the Delaware Code by striking said paragraph in its entirety and substituting in lieu thereof a new § 8335(d)(1) to read as follows: "( I) If in the tax year in which a change in use of land occurs the land was not valued, assessed and taxed under this Chapter, then such land shall be subject to roll-back taxes in the following manner. If the change of the use of land occurs prior to January I, 1996, then such land shall be subject to roll-back taxes for the five tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January 1, 1996, and December 31, 1996, then such land shall be subject to roll-back taxes for the six tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January I, 1997, and December 31, 1997, then such land shall be subject to roll-back taxes for the seven tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January I, 1998, and December 31, 1998, then such land will be subject to roll-back taxes for the eight tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January I, 1999, and December 31, 1999, then such land shall be subject to roll-back taxes for the nine tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs on January I, 2000, or thereafter, then such land shall be subject to roll-back taxes for the ten tax years immediately preceding in which the land was valued, assessed and taxed hereunder." Approved May 26, 1995 Vol. 70 45 CHAPTER 43 FORMERLY SENATE BILL NO. 60 AS AMENDED BY SENATE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 31 AND CHAPTER 33, TITLE 19, OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 3163, Chapter 31, Title 19 of the Delaware Code by adding the phrase "and/or self-employment assistance allowances" after the word "benefits" as this word appears in the first, second, third, fifth and sixth sentences of this section. Section 2. Amend Section 3302, Chapter 33, Title 19 of the Delaware Code by redesignating subsections "5,6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21" of the Delaware Code as they appear therein as subsections "6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22" respectively. Section 3. Amend Section 3302, Chapter 33, Title 19 of the Delaware Code by inserting a new subsection "5" to read: "(5) 'Regular benefits' means benefits payable to an individual under this chapter or under any other State law (including benefits payable to Federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. Chapter 85) other than additional and extended benefits." Section 4. Amend Chapter 33, Title 19, Delaware Code by adding a Section 3328 to read as follows: "Section 3328. Self-employment Assistance Program. (a) As used in this section: 'Self-employment assistance activities' means activities (including entrepreneurial training, business counseling, and technical assistance) approved by the Secretary of Labor or his/her designee in which an individual identified through a worker profiling system as likely to exhaust regular benefits participates for the purpose of establishing a business and becoming self-employed. 'Self-employment assistance allowance' means an allowance, payable in lieu of regular benefits and from the Unemployment Compensation Fund established under Section 3161, Chapter 31 of this title, to an individual participating in self-employment assistance activities who meets the requirements of this Section. 'Full-time basis' means that the individual is devoting such amount of time as is determined by the Department to be necessary to establish a business which will serve as a full-time occupation for that individual. (b) The weekly allowance payable under this section to an individual will be equal to the weekly benefit amount for regular benefits payable under Section 3313 of this chapter. The sum of (I) the allowance paid under this Section and (2) regular benefits paid under this chapter with respect to any benefit year shall not exceed the maximum benefit amount as established by Section 33I3(k) of this chapter with respect to such benefit year. 46 vol. 70 (c) The allowance described in subsection (a) shall be payable to an individual at the same interval, on the same terms, and subject to the same conditions as regular benefits under this chapter, except that -- ( I) The requirements of Sections 3314 (1), 3314 (3), and 3315 (3) of this chapter relating to availability for work, active search for work, and refusal to accept work are not applicable to such individual; The reduction provided in Section 3313(i) relating to wages paid is not applicable to income earned from self-employment by such individual; An individual who meets the requirements of this section shall be considered to be unemployed under Section 3302 (16) of this chapter; and An individual who fails to participate in self-employment assistance activities or who fails to actively engage on a full-time basis in activities (which may include training) relating to the establishment of a business and becoming self-employed shall be disqualified for the week such failure occurs. The aggregate number of individuals receiving the self-employment assistance allowance under this section at any time shall not exceed 5 percent of the number of individuals receiving regular benefits for such week. The Secretary of Labor shall prescribe such actions as are necessary to assure the requirements of this subsection are met. Self-employment assistance allowances paid under this Section shall be charged to employers as provided under the provisions of this chapter relating to the charging of regular benefits. Benefits shall be noncharged as provided under Section 3315 of this chapter. The provisions of this section will apply to weeks beginning after the date of enactment or weeks beginning after any plan required by the U. S. Department of Labor is approved by said Department, whichever date is later. The authority provided by this section shall terminate as of the end of the week preceding the date when Federal law no longer authorizes the provisions of this section, unless such date is a Saturday in which case the authority shall terminate as of such date." Approved June I, 1995 Chapter 43 47 Vol. 70 48 Vol. 70 CHAPTER 44 FORMERLY SENATE BILL NO. 13 AS AMENDED BY SENATE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 68, TITLE 9, DELAWARE CODE REGARDING THE MEMBERSHIP OF THE SUSSEX COUNTY PLANNING AND ZONING COMMISSION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §6803(a)(1), Title 9 of the Delaware Code by adding after the phrase "Department of Transportation" and before the phrase "an appointee of the State Board of Health" the following: "An appointee of the Department of Agriculture" Section 2. Further amend §6803(a) by striking the number "10" as it appears in the first sentence and insert in lieu thereof the number "II". Section 3. Further amend §6803(a)(1) by striking the word "five" as it appears therein and insert in lieu thereof the word "six". Section 4. Further amend §6803(a)(1) by striking the words "State Board of I-lealth" as they appear therein and inserting in lieu thereof the words "Department of Health and Social Services". Section 5. Delete §6803 (b), Title 9 of the Delaware Code in its entirety and replace said subsection with the following: "(b) The term of the county govemment member and the County Engineer shall come to an end at the end of the term for which they were elected or chosen respectively. The members of the Commission appointed by the Department of Transportation, Department of Health and Social Services, the Department of Natural Resources and Environmental Control and the Department of Agriculture shall serve at the pleasure of the appointing authority." Approved June I, 1995 vol. 70 49 CHAPTER 45 FORMERLY HOUSE BILL NO. 250 AN ACT WAIVING THE STATUTORY PROVISIONS OF SECTION 107(A) OF CHAPTER 1, TITLE 13, DELAWARE CODE AS IT RELATES TO THE MARRIAGE OF RON FORRISTAL AND SHELLIE MERSINO, NON-RESIDENTS OF THE STATE OF DELAWARE. WHEREAS, Ron Forristal, of Fort Riley, Kansas, wishes to marry Shellie Mersino, of Allentown Pa, both of whom are non-residents of the State of Delaware; and WHEREAS, the couple has become enamored by the beauty of the First State during their annual summer vacations at South Bowers Beach; and WHEREAS, the groom to be, is currently employed with the National Guard in Missouri; and WHEREAS, the couple wish to be married on June 3, 1995, in Delaware; and WHEREAS, because of the working circumstances of both parties, it is extraordinarily difficult for them to comply with the provisions of §I 07(a), Chapter I, Title 13, Delaware Code requiring non-residents to obtain a marriage license at least 96 hours prior to the marriage ceremony. NOW THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Ron Forristal of Fort Riley, Kansas. and Shellie Mersino of Allentown, Pa, are hereby exempted from the provisions of §107(a), Chapter I, Title 13, Delaware Code and are specifically authorized to marry on June 3, 1995, or within 30 days thereafter; the Clerk of the Peace for Kent County shall issue to Ron Forristal and Sheltie Mersino one official marriage license pursuant to this Act, the provisions of §I 07(a) of Chapter I, Title 13, Delaware Code or any other law of this State to the contrary notwithstanding. Approved June I, 1995 CHAPTER 46 FORMERLY SENATE BILL NO. 93 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 33, TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Section 3350(4), Title 19 of the Delaware Code by adding a third sentence to this subsection that reads as follows: "However, in no calendar year shall the "state experience factor" be increased by more than 2.0% from the previous calendar year whenever the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $200 million as of September 30 of that preceding calendar year, and in no calendar year shall the "state experience factor" be increased by more than 4.0% from the previous calendar year." Section 2. Amend Section 3350(9), Title 19 of the Delaware Code by redesignating subsection "(d)" as it appears therein as subsection "(e)". Section 3. Amend Section 3350(9), Title 19 of the Delaware Code by inserting a new subsection (d) to read as follows: "(d) For any calendar year beginning January I, 1996, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $200 million as of the preceding September 30, each employer's new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a "supplemental assessment rate" in accordance with the following table: New Employer/ Basic Assessment Rate 0.1 - 3.9% 4.0 -5.9% 6.0- 7.9% 8.0% = = = Supplemental Assessment Rate .7% .7% .7% .7% Section 4. Amend Section 3350(9), Title 19 of the Delaware Code by adding a new subsection (0 to read as follows: "(0 For any calendar year beginning January 1, 1996, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $200 million as of the preceding September 30, each employer's new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a "supplemental assessment rate" in accordance with the table in paragraph a., paragraph b., or paragraph c. of this subdivision as determined by the balance in the Unemployment Insurance Trust Fund." 50 vol. 70 Chapter 46 Vol. 70 51 Section 5. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code by designating the subsections "(h), (i), (j), (k), (1), and (m), as they appear therein as subsections "(i), (j), (k), (I), (m), and (n)", respectively. Section 6. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code by inserting a new subsection (h) to read as follows: "(h) For claims establishing a benefit year beginning July 1, 1995, and thereafter, an individual's weekly benefit amount shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor more than $300 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, as of the preceding September 30, is less than $200 million. When the Unemployment Insurance Trust Fund balance is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall be no more than $265. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust fund balance is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation for any change in the maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each year." Approved June 8, 1995 52 Vol. 70 CHAPTER 47 FORMERLY HOUSE BILL NO. 67 AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION'S BILLING PROCEDURES FOR CABLE TELEVISION SYSTEMS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein): Section I. Amend §610(a), Subchapter VI, Title 26, Delaware Code by striking said subsection (a) in its entirety and replacing it with a new subsection (a) to read as follows: "(a) The Commission is authorized to bill to and collect the cost of regulation of Cable Television Systems, as a franchise fee from every Commission regulated Franchisee. Such billing and collection shall be accomplished in the following manner: On or before March 31st of each year, each Franchisee subject to the provisions of this subchapter shall file with the Commission a report of Total Annual Basic Service Regulated Revenue containing a statement of its total annual basic service regulated revenues for the immediately preceding calendar year, and a check in payment of the Annual Assessment which shall be an amount equal to the product of two (2) mills multiplied by the total annual basic service regulated revenue of such Franchisee. Whenever the Commission, in a proceeding upon its own initiative or upon complaint or upon written application to it, shall deem it necessary in order to carry out its statutory duties, to investigate the operations, services, practices, accounting records and/or procedures, rates, charges, rules and regulations, of any Franchisee and/or to enter into and hold a hearing or hearings in connection therewith, such Franchisee shall be charged with and pay such portions of the expenses of the Commission, and the compensation and expenses of its agents, representatives, consultants, and employees, including but not limited to those temporarily employed or retained, as is reasonably attributable to such investigation, hearing or hearings or any appeal from a Commission Order. No charge shall be made for the compensation of Commissioners and all such bills shall be due and payable within thirty (30) days of rendition by the Commission. If more than one (1) Franchisee is involved in such proceedings, each shall pay its pro rata share of such expenses as determined by the Commission. If the Annual Assessment or any amount billed by the Commission is not paid within thirty (30) days from the due date the Franchisee shall pay in addition a penalty to the Commission of one (1) percent of the amount due for each month or fraction thereof that such amount is unpaid. The total aggregate amount to be charged by the Commission to any Franchisee under authority of this section in any calendar year shall not exceed 2 percent of such Franchisee's total annual basic service regulated revenue in the last preceding calendar year. This limitation shall not include amounts payable as a penalty. For purposes of this Section, the term "Total Annual Basic Service Regulated Revenue" shall only include the revenue received by the Franchisee from equipment and services which would be subject to Basic Service Rate Regulation by the Commission in the absence of effective competition including the basic monthly service charges for cable television reception service outside the boundaries of incorporated municipalities which on June 28, 1974, have the power either express or implied to grant franchises for a system and shall include moneys received as installation charges, charges for reconnection, inspection, repairs, or modifications of any installation. It shall not include local, state, or federal taxes or money received from : (1) Sale of advertising time on cable channels; (2) the furnishing of special programming not covered by the basic monthly service charge; (3) the furnishing of other communications services either by private contract or as a carrier, including by way of example but not limited to leasing of channels, burglar alarm, AM or FM radio broadcast, data transmission information storage and retrieval, the facsimile reproduction services; and (4) any source other than directly from the installation and carriage of television signals and such other basic cable television services as are subject to regulation by the Commission." Approved June 12, 1995 Chapter 47 53 vol. 70 54 Vol. 70 CHAPTER 48 FORMERLY HOUSE BILL NO. 69 AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AN ACT TO AMEND TITLES 26 AND 29 OF THE DELAWARE CODE RELATING TO THE REGULATION OF PUBLIC UTILITIES. BE IT ENACTED BY THE GENE |
| Date Digital | 2010 |
| CONTENTdm file name | 3103.cpd |
Description
| Title | Laws of the State of Delaware - Volume 70 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY- EIGHT GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A. D. 1995 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 9, A. D. 1996 VOLUME LXX Part I |
| CONTENTdm file name | 82223.pdfpage |
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