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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- SEVENTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 2, A. D.
1973
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A. D.
1974
PART I
VOLUME LVIX
CH 99999 PRINTING CO., WILMINGTON, DCLAWARIC
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 59 - Part 1 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Charles Printing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-SEVENTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 2, A. D. 1973 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 8, A. D. 1974 PART I VOLUME LVIX CH 99999 PRINTING CO., WILMINGTON, DCLAWARIC CHAPTER 1 FORMERLY SENATE BILL NO. 2 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 3 AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IM-PROVEMENT AND EXPENDITURE IN THE NATURE OF CAPITAL INVESTMENT AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONEY TO THE STATE BOARD OF EDUCATION. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each branch thereof concurring therein): Section 1. There is appropriated to the State Board of Ed-ucation the sum of $1,268,000 for construction of Howard Vo-Tech High School in Wilmington, or so much thereof as may be necessary for carrying out the purposes of this Act, which shall be in addition to the $8,367,000 previously authorized and appropriated for said purpose. Section 2. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in this Act, and are to include but not be limited to design, planning, land acquisition, acquisition of utility and service areas, construction, repairing, remodeling, equipping, landscaping, and inspection costs but are not to be used for ordinary or normal mainte-nance expense. Section 3. None of the monies appropriated by this Act shall be expended after June 30, 1975, unless the project has progressed into any or all of the following phases prior to July 1, 1975: Initial Engineering, Planning, Procurement, Construc-tion. Section 4. The said sum of $1,268,000 or so much thereof as may be necessary for carrying out the purposes of this Act, shall be borrowed by the issuance of bonds and bond anticipa- 1 2 Chapter 1 tion notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chapter 74, Title 29, Delaware Code, and Chapter 75, Title 29, Delaware Code, where applicable. Section 5. There is appropriated from the General Fund of the State such sums as may be necessary for the expenses inci-dent to the issuance of the bonds and notes herein authorized, and such further sums as may be necessary to pay any interest which becomes due on such bonds and notes during the current fiscal year and such further sums as may be necessary for the re-payment of the principal of any of the said bonds which become due during the current fiscal year. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Offi-cers. Any monies received from the premium and accrued in-terest on the sale of said bonds shall be deposited to the credit of the General Fund. Section 6. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act and for each subsequent fiscal year or biennium, shall contain under the Debt Service Item provisions for the payment of interest and princi-pal maturities of the bonds (or notes which are not to be funded by the issuance of bonds) issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provisions or committed by preced-ing statutes for other purposes are hereby pledged for the re-demption and cancellation of said bonds and payment of interest thereon. Section 7. The sums of money appropriated and allocated for school construction purposes pursuant to Section 1 of this Act shall be expended in accordance with the provisions of this Act, and Chapter 75, Title 29, Delaware Code. Section 8. No money appropriated and allocated by this Act for school construction purposes pursuant to Section 1 of this Act shall be expended for educational supplies of an ex-they are used ; provided, however, that nothing herein contained Chapter 1 3 pendable nature which are consumed or materially changed as shall preclude the purchase of all educational supplies necessary for the initial operation of schools so built, altered or added to in accordance with the provisions of the School Construction Capi-tal Improvements Act, being, Chapter 75, Title 29 of the Dela-ware Code. Section 9. (a) In compliance with Section 7526 of Title 29, Delaware Code, the State Board of Education shall allocate such portions of the total appropriation for the total cost of the school construction authorized by Section 1 hereof as shall be necessary to provide for the customary audit function, but in no event, shall such allocation exceed one-half percent of such total cost. The State Auditor of Accounts shall be responsible for arranging the audit function in accordance with Section 2906 and Section 2907 of Title 29, Delaware Code. In compliance with Section 7526 of Title 29, Delaware Code, the State Board of Education shall allocate such portions of the total appropriation for the total cost of school construction authorized by Section 1 hereof as shall be necessary to provide for the customary supervision (construction inspection serv-ices), but in no event shall such allocation exceed one percent of such total cost. In contracting for the supervision (construction in-spection services) as prescribed in Section 9 (b) hereinabove, the State Board of Education shall give first preference to an experi-enced Delaware organization, able to, and offering to provide quality service on a "non-profit, at cost" basis, and in so contract-ing it shall not be subject to the bidding laws as prescribed by Chapter 69, Title 29, Delaware Code. If no such organization is able to or is willing to offer to perform such specialized service on such "non-profit, at cost" basis, then the State Board of Educa-tion may contract for such services with profit making organiza-tions on a bid basis as prescribed by Chapter 69, Title 29, Dela-ware Code. Section 10. Any funds borrowed pursuant to this Act and remaining unexpended after the completion of the project au-thorized by this Act and any funds borrowed pursuant to this Act and remaining unexpended because the project authorized by 4 Chapter 1 this Act is not timely undertaken, shall be deposited in a special account and appropriated against future capital improvement bond requirements. Section 11. No bonds or notes shall be issued or monies bor-rowed on behalf of this State, pursuant to this Act, after June 30, 1978, except as provided in Chapter 75, Title 29, Delaware Code. Section 12. No bonds or notes shall be issued or sold, or monies borrowed on behalf of this State, pursuant to this Act, without the full guarantee to the buyer that the State of Dela-ware is an equal opportunity employer. Section 13. This Act may be known, styled or referred to as the "Howard Vo-Tech High School Construction Act." Approved January 31, 1973. 5 CHAPTER 2 FORMERLY SENATE BILL NO. 34 AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS TO THE DEPARTMENT OF JUSTICE FOR THE PUR-POSE OF PROVIDING ADDITIONAL CONTRACTUAL SERVICES AND CAPITAL OUTLAY. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $25,000 is hereby appropriated to the Department of Justice for the fiscal year ending June 30, 1973, in the following categories and amounts: Contractual Services $14,300 Capital Outlay 10,700 $25,000 Section 2. This Act shall be considered a supplementary appropriation and the monies appropriated shall be paid from the General Fund of the State Treasury from monies not other-wise appropriated. Section 3. If any of the funds in the above categories re-main unexpended upon June 30, 1973, such funds shall thereupon revert to the General Fund of the State Treasury. Approved March 13, 1973. CHAPTER 3 FORMERLY SENATE BILL NO. 100 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND AN ACT BEING CHAPTER 277, VOL-UME 49, LAWS OF DELAWARE, AS AMENDED, EN-TITLED "AN ACT TO REINCORPORATE THE TOWN OF LAUREL" TO PROVIDE A PROCEDURE FOR BOR-ROWING MONEY AND ISSUING BONDS. 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. Section 15, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amended by striking out all of Section 15, Chapter 277, Volume 49, Laws of Delaware, as amended, and substituting in lieu there-. of the following: Section 15. Borrowing of Money and issuance of Bonds Limitation of Bonded Indebtedness. The Town Council may borrow money and issue bonds on cer-tificates of indebtedness to secure the payment thereof on the faith and credit of Mayor and Council of Laurel to provide funds for the erection, the extension, the enlargement, the purchase or repair of any plant, machinery, appliance or equipment; for the supply or the manufacture and distribution of electricity or gas for light, heat or power purposes; for the furnishing of water to the public ; for the construction, repair or improvement of highways, streets or lanes, or for the paving, curbing or erection of gutters along the same; for the construction or repair of sew-ers or sewage disposal equipment ; to defray the cost or the share of the Town of the cost of any permanent municipal improvement or improvements ; provided, however, that the borrowing of money therefor shall have been authorized by the Town Council in the manner as follows : (a) Council by resolution shall propose to the residents and property owners of the Town that a stated amount of money shall Chapter 3 7 be borrowed for any of the above purposes. The resolution shall state the amount of money desired to be borrowed, the purpose for which it is desired, the manner of securing the same, and other pertinent facts relating to the loan which are deemed per-tinent by the Town Council and in their possession and shall fix a time and place for a public hearing on the said resolution. Notice of the time and place of the public hearing on the resolution authorizing said loan shall be printed in a news-paper having a general circulation in the Town of Laurel, or, in the descretion of the Town Council, distributed in circular form at least one (1) week before the time set for the said public hearing. After the public hearing, a second resolution shall then be passed by Council giving final authorization for the loan if, in the opinion of the individual members of Council, no cause has been shown why the bond issue should not be undertaken ; provided, however, that the resolution for the final authorization of the loan shall be passed by a majority of two-thirds (2/3) of all the elected members of Council. The form of bond or certificate of indebtedness, the in-terest rate, the time or times of payment of interest, the class or classes of bonds, the time or times of maturity, and provisions as to registration shall be determined by the Council after said public hearing. The bonds may be sold at either public or private sale as determined by the Town Council. The Council may pro-vide in its budget and in the fixing the rate of tax for the pay-ment of principal and interest of said bonds at the maturity or maturities thereof a sinking fund therefor. The full faith and credit of Mayor and Council of Laurel shall be deemed to be pledged for the due payment of the bonds and the interest there-on issued pursuant to the provisions hereof when the same have been properly executed and delivered for value and there shall be no limitation upon the amount of taxes which may be raised by taxation for the payment of interest on and principal of any bonded indebtedness whether before or after the passage of this Act. The bonds shall be signed by the Mayor of the Town, the President of the Town Council and attested by the Town Clerk and the corporate seal of the municipality or a facsimile 8 Chapter 3 thereof shall be affixed to the bonds and any coupons attached thereto shall bear the facsimile signature of the Mayor. The bonds and the income therefrom shall be exempt from all taxa-tion by the State of Delaware or any political subdivision, agency or authority thereof. Section 2. The provisions of Section 1 of this Act shall become effective upon approval by the Governor of the State of Delaware and shall remain effective for a period of one year from that date; provided however, that any bond issue commenced within the said period of one year from the date of approval of this Act by the Governor shall be completed under the provisions of Section 1 of this Act notwithstanding that the bonds may be delivered after the expiration of one year from the date of ap-proval of this Act by the Governor of the State of Delaware. The maximum amount of bonded indebtedness which may be incur-red pursuant to Section 1 of this Act shall not exceed Four Hun-dred Twenty-five Thousand Dollars ($425,000). Section 3. After the expiration of one year from the date this Act is approved by the Governor of the State of Delaware, the Town Council may borrow money and issue bonds or certifi-cates of indebtedness to secure the payment thereof on the faith and credit of the Town of Laurel, to provide funds for the erec-tion, the extension, the enlargement, the purchase or the repair of any plant, machinery, appliance or equipment, for the supply, or the manufacture and distribution of electricity or gas for light, heat or power purposes ; for the furnishing of water to the public; for the construction, repair or improvements of high-ways, streets, or lanes, or the paving, curbing or erection of gutters along the same; for the construction or repair of sewers or sewage disposal equipment; or to defray the cost or the share of The Town of the cost of any permanent municipal improve-ments; provided however, that the borrowing of money therefor shall have been authorized by the Town Council and shall have been approved by the electors in the manner and at the time fol-lowing: (a) Council by resolution shall propose to the electors of the Town by resolution that a stated amount of the money shall be borrowed for any of the above purposes. The resolution shall state that amount of the money desired to be borrowed, the pur- Chapter 3 pose for which it is desired, the manner of securing the same, and other pertinent facts relating to the loan which are deemed pertinent by the Town Council and in their possession, and shall fix a time and place for hearing on the said resolution. Notice of the time and place of the hearing on the reso-lution authorizing said loan shall be printed in a newspaper hav-ing a general circulation in the City and or, in the discretion of the Town Council, distributed in circular form at least one week before the time set for said hearing. A second resolution shall then be passed by Council ordering a special election to be held not less than thirty days and not more than sixty days after said hearing to borrow the said money, for the purpose of voting for or against the pro-posed loan. The passing of the second resolution calling the spe-cial election shall ipso facto be considered Council's determina-tion to proceed in the matter in issue. The notice of the time and place of holding the said spe-cial election shall be printed in two issues of a newspaper having general circulation in the Town of Laurel within thirty days prior to the election, and/or distributed in circular form at least fifteen days prior to the election or both at the discretion of the Council. At the special election, every owner of property, whether an individual, partnership or corporation, shall have one (1) vote and the said vote may be cast either in person or by proxy. In the case of property owned jointly by husband and wife, the vote shall be cast by either the husband or wife who first presents himself at the polls. In the case of all other prop-erty owned by more than one property owner either as tenants in common or as joint tenants with the right of survivorship, the vote shall be cast by either tenant in common or by either joint tenant who first presents himself at the polls. Property owners whose property is exempt from taxation or is not as-sessed shall not be entitled to vote. The Town Council shall cause to be prepared, printed and have available a sufficient number of ballots not less than five (5) days prior to the date of the Special Election. The Mayor shall appoint three (3) persons to act as a Board of Special Election to conduct the Special Election. 10 Chapter 3 The Board of Election shall count the votes for and against the proposed loan ; and shall announce the result thereof; shall make a certificate under their hands of the number of votes cast for and against the proposed loan, and shall deliver the same to the Council, which said certificates shall be entered on the minutes of the Council, and the original shall be filed with the papers of the Council. The form of bond or certificate of indebtedness, the in-terest rate, the time of payment of interest, the classes, the time of maturity, and provisions as to the registration shall be deter-mined by the Council after said public hearing. The bonds may be sold at either public or private sale as determined by the Town Council. The Council may provide, in its budget, and in fixing the rate of tax, for the payment of interest and principal of said bonds at the maturity or maturities thereof, a sinking fund therefor. The faith and credit of the Town of Laurel shall be deemed to be pledged for the due payment of the bonds and in-terest thereon issued under the provisions hereof, when the same have been properly executed and delivered for value, and there shall be no limitation upon the amount of taxes which may be raised by taxation for the payment of interest on and principal of any bonded indebtedness whether incurred before or after the passage of this Act. The bonded indebtedness shall not at any time exceed in the aggregate the total sum of Twenty-Five per centum (25%) of the value of the real property situate within the limits of the Town as shown by the last assessment preceding the creation of the said indebtedness. Approved March 20, 1973. 11 CHAPTER 4 FORMERLY HOUSE BILL NO. 20 AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT RE-VISING THE PRIOR CHARTER OF THE CITY OF RE-HOBOTH BEACH AND ESTABLISHING A NEW CHAR-TER THEREFOR AND PRESCRIBING THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHO-BOTH BEACH" TO PROVIDE FOR VACATING AN ELECTIVE OFFICE IN THE EVENT OF BEING FOUND GUILTY OF A FELONY, TO PROVIDE TRAVEL AL-LOWANCE FOR NONRESIDENT COMMISSIONERS, TO ENLARGE THE TIME FOR VOTING AT THE ANNUAL MUNICIPAL ELECTION, TO REDUCE THE AGE FOR PERSONS PERMITTED TO VOTE, AND TO PROVIDE ADDITIONAL JUDGES AT THE ANNUAL MUNICIPAL ELECTION. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each house there-of concurring therein): Section 1. Section 5d, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following: "d. Aside from loss of residence, as in those instances spe-cified in Section 3 of this Charter, if any elected officer be found guilty of any felony, he shall forthwith be disqualified to act as such officer and he shall, ipso facto, vacate his elective office, which office shall be filled by the Commissioners of Rehoboth Beach as in the case of other vacancies." Section 2. Section 5e, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by adding the following sentence at the end of said section: "Each nonresident Commissioner shall receive an allowance for every mile necessarily driven from his permanent home to 12 Chapter 4 Rehoboth Beach in order to attend any meeting of the Commis-sioners of Rehoboth Beach or the meeting of any committee of which he is a member; provided, however, that no such allowance shall be paid for any meeting attended prior to September 1, 1974, said amount per mile to be the same as that permitted to be assessed by the Sheriff of Sussex County for the serving of papers." Section 3. Section 7a, Chapter 197, Volume 54 Laws of Delaware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following: "Section 7-a. Annual Municipal Elections shall be held on the second Saturday in the month of August from 11:00 in the morning, prevailing time, until 7:00 in the evening, prevailing time, at such public place or places as shall be determined by the Commissioners of Rehoboth Beach, due notices of which shall be given by posting notices thereof in five of the most public places within the corporate limits of The City of Rehoboth Beach not less than ten (10) days before the day of such Annual Municipal Election ; provided, however, that in the event there is no con-test for any of the several offices in any year, the polls shall re-main open for only one hour, commencing at 11 :00 in the morn-ing, prevailing time and closing at 12:00 noon, prevailing time, on the second Saturday in August. Persons in the polling place at 7:00 in the evening shall be entitled to vote even though such votes may be cast after 7 :00 in the evening, prevailing time." Section 4. Section 7c, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the following: "c. Every Annual Municipal Election shall be held under the supervision of an Election Board. The Election Board shall con-sist of one (1) Inspector of the Election and such Judges of the Election as shall be appointed by the Commissioners of Rehoboth Beach. The Inspector and such Judges constituting the Election Board shall he qualified voters of The City of Rehoboth Beach and shall be appointed for that purpose by the Commissioners at least two (2) weeks before such Annual Municipal Election. If, a a Chapter 4 13 at the opening of the polls, there shall not be present the mem-bers of the Election Board, then in such case the persons quali-fied to vote at such Annual Municipal Election and then present at the opening of the polls shall, by viva voce, select a qualified voter or voters to act as a member or members of the Election Board to fill such vacancies caused by the absence of members of the Election Board. Members of the Election Board shall be Judges of the Annual Municipal Election and shall decide upon the legality of the votes offered, The Election Board shall keep a true and accurate list of all voters voting at the Annual Munic-ipal Eleetion. The Election Board shall have the power to sub-poena persons, and officers of The City of Rehoboth Beach and books, records and papers relative to the determination of the validity of any vote or votes offered." Section 5. Section 7d, Chapter 197, Volume 54, Laws of Del-aware, as amended, is hereby further amended by striking said section in its entirety and substituting in lieu thereof the follow-ing: d. At such annual election, every person, male or female, who shall have attained the age of Eighteen (18) years and who shall have been a freeholder or leaseholder, as defined in this Charter, in The City of Rehoboth Beach for a period of Three (3) months immediately preceding the date of such Annual Municipal Election, whether or not a resident of the State of Del-aware or of the City of Rehoboth Beach, shall have One (1) vote, provided such person is registered on the "Books of Reg-istered Voters" of The City of Rehoboth Beach as set forth here-in. In addition, every person, male or female, who shall have at-tained the age of Eighteen (18) years on the date of the Annual Municipal Election who shall be a bona fide resident of the State of Delaware and the City of Rehoboth Beach on the date of the Annual Municipal Election shall be entitled to One (1) vote pro-vided such person shall be registered on the "Books of Registered Voters" of The City of Rehoboth Beach as set forth herein. The Commissioners of Rehoboth Beach shall provide Two (2) reg-isters to be known as the "Books of Registered Voters" which are to be kept at the office of the City Manager. The Books of Registered Voters shall contain the following information for each registerer: The names of the voters arranged in alphabeti-cal order, the permanent address of the voter, the local address 14 Chapter 4 of the voter, the birth date of the voter, the date the registerer became a resident of the State of Delaware, the date the regis-terer became a resident of the City of Rehoboth Beach, the date the registerer became a freeholder of the City of Rehoboth Beach and other pertinent information. No person shall be registered upon the Books of Registered Voters unless such person will have acquired the qualifications to vote in the Annual Municipal Elec-tion for the year in which such person registers. A person shall only be required to register One (1) time; provided, however, that if a registered voter fails to vote in Two (2) consecutive Annual Municipal Elections in which there is a contest, his name shall be removed from the Books of Registered Voters and notice sent to said registered voter at his last known address by reg-istered mail with return receipt requested advising that his name has been removed from the list of registered voters and that it will be necessary to register again in order to be eligible to vote in the Annual Municipal Election. The Books of Registered Vot-ers shall be maintained at the office of the City Manager and shall be conclusive evidence of the right of any person to vote at the Annual Municipal Election. A person may register at the Office of the City Manager during the regular office hours on any day and on the day of the Annual Municipal Election by complet-ing such forms as may be provided by The City of Rehoboth Beach. Approved March 22, 1973. CHAPTER 5 FORMERLY SENATE BILL NO. 33 ... AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 497, VOLUME 58, LAWS OF DELAWARE, RELATING TO THE DELAWARE CRIM-INAL CODE. Be it enacted by the General Assembly of the State of Delaware (two-thirds of the members elected to each branch thereof concurring therein): Section 1. Amend Section 7, Chapter 497, Volume 58, Laws of Delaware by striking said section in its entirety, and substitut-ing in lieu thereof the following: "Section 7. This Act shall become effective on July 1, 1973." Approved March 29, 1973. 15 16 CHAPTER 6 FORMERLY SENATE BILL NO. 37 AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIA-TION TO THE LEGISLATIVE COUNCIL OF DELA-WARE FOR EQUIPMENT AND MATERIALS RE-QUIRED AS THE RESULT OF REAPPORTIONMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of thirteen thousand eight hundred twenty-three dollars ($13,823) is hereby appropriated to the Legislative Council of Delaware for equipment and materials required as the result of reapportionment and expansion of Senate and Joint Finance Staffs. Section 2. This Act is a supplementary appropriation Act and the funds hereby appropriated shall be paid from the Gen-eral Fund of the State Treasury from moneys not otherwise ap-propriated. Section 3. The funds herein appropriated shall be expend-ed only in the manner set forth herein, and any funds appropri-ated but unexpended by June 30, 1973 shall thereupon revert to the General Fund of State Treasury. Approved March 29, 1978. CHAPTER 7 FORMERLY SENATE BILL NO. 3 AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR THE LOCAL SHARE OF SCHOOL CONSTRUCTION PROGRAMS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONEYS TO THE STATE BOARD OF EDUCATION ON BEHALF OF LOCAL SCHOOL DISTRICTS. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each branch thereof concurring therein): Section 1. There is appropriated to the State Board of Ed-ucation for school construction purposes in the School Districts hereinafter set forth in Section 2 of this Act the sum of $5,860,257 constituting the sum total of the respective local shares of school construction programs authorized by Annual Capital Improvement Acts of the General Assembly of the State of Delaware or local referendums adopted prior to the effective date of this Act for the financing of which such School Districts have not issued bonds. Section 2. The funds appropriated by this Act may be used for the costs of the purposes for which such local shares were authorized in the respective amounts allocated to each School District as follows : 17 Name of School District Appoquinimink Elementary School Cape Henlopen New High School Chapter & Volume Amount Chap. 578, Vol. 58 $1,105,000 Chap. 578, Vol. 58 2,622,000 Capital Relocatable Classrooms Local 190,000 Conrad Area Renovate Existing Buildings Chap. 578, Vol. 58 1,036,000 Delmar Additions Chap. 299, Vol. 57 170,000 18 Chapter 7 Newark Christiana H.S. and Jr. H.S. Connector Chap. 578, Vol. 58 44,000 Reimburse Land Acquisition Chap. 578, Vol. 58 44,000 New Castle-Gunning Bedford Carrie Downie Heating Plant Chap. 578, Vol. 58 120,000 Seaford Additions Chap. 578, Vol. 58 207,000 State Board of Education Minor Capital Improvements Chap. 578, Vol. 58 322,257 TOTAL $5,860,257 Section 3. The said sum of $5,860,257 or so much as may be necessary for carrying out the purposes of this Act shall be bor-rowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chap-ter 74, Title 29, Delaware Code and Chapter 75, Title 29, Dela-ware Code where applicable and shall not be within any debt or other limitation of the State or be considered as bonds and notes pledging the faith and credit of the State within the meaning of Subchapter 11, Chapter 74, Title 29, Delaware Code. Section 4. There is appropriated from the General Fund of the State such sums as may be necessary for the expenses in-cident to the financing of such sums and such further sums as may be necessary to pay any interest which becomes due on any bonds and notes during the fiscal year and such further sums as may be necessary for the repayment of the principal of any of the bonds which become due during the fiscal year. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the State Treasurer by and with the approval of the Issuing Officers. Section 5. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act and for each subsequent fiscal year or biennium, shall contain under the Debt Service item provisions for the payment of interest and prin-cipal maturities of the bonds (or notes which are not to be fund- I Chapter 7 19 ed by the issuance of bond) issued under the authority of this Act and such of the revenues of the State of Delaware as are not prohibited by constitutional provisions or committed by pre-ceding statutes for other purposes are hereby pledged for the re-demption and cancellation of said bonds and payment of interest thereon. Section 6. Such sums hereby appropriated shall be expend-ed in accordance with the provisions of this Act, and Chapter 75, Title 29, Delaware Code. Section 7. Any funds borrowed pursuant to this Act and re-maining unexpended after the completion of the programs au-thorized by this Act and any funds borrowed for a school dis-strict pursuant to this Act and remaining unexpended because a project authorized by this Act is not timely undertaken, shall be deposited in a special account for that school district and ap-propriated against their future capital improvement bond re-quirements. Any funds that shall accrue to any school district in this State from the Treasury of the United States for building purposes shall be deposited in the State Treasury and shall be allocated by the State Board of Education to the School District for which the funds are appropriated. The said funds shall be in addition to any other local share and/or State share. Approved March 29, 1973. 20 CHAPTER 8 FORMERLY HOUSE BILL NO. 54 AN ACT TO AMEND CHAPTER 277, VOLUME 49, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO RE-INCORPORATE THE TOWN OF LAUREL" TO PRO-VIDE FOR THE APPOINTMENT OF THE CHIEF OF POLICE FOR AN INDEFINITE TERM. 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. Section 23, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amend-ed by striking out the words "Chief of Police" as the same appear in Paragraph 6 of said Section. Section 2. Section 30, Chapter 277, Volume 49, Laws of Delaware, as amended, be and the same is hereby further amend-ed by adding at the end of the first Paragraph thereof the fol-lowing: The Mayor of the Town of Laurel shall appoint a Chief of Police. The person so appointed by the Mayor shall not take office until he is confirmed by an affirmative vote of a majority of all the elected members of the Town Council. The Chief of Police shall hold office for an indefinite term and may be removed by a majority vote of all the elected members of the Town Council. At least thirty (30) days before such removal shall become effective the Council shall, by a majority vote of all its members, adopt a preliminary resolution stating the reasons for his removal. The Chief of Police may reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Town Council, by a majority vote of its mem-bers, may adopt a final resolution of removal. By the preliminary resolution, the Town Council may suspend the Chief of Police from duty with or without salary, as set forth in the preliminary resolution. No person shall be appointed to the office of Chief of Chapter 8 21 Police of the Town of Laurel if he is at the time of his appoint-ment holding the office of Mayor of the Town of Laurel or the office of Councilman of the Town of Laurel. The Chief of Police shall be responsible for the administration of the affairs of the Police Force placed in his charge and to that end he shall have the power to appoint and remove all members of the Police Force as authorized by ordinance or resolution of the Town Council. All appointments made by the Chief of Police shall be without defi-nite term. All such members of the Police Force appointed by the Chief of Police may be removed by him at any time. The Town Council of the Town of Laurel shall sit as a Board of Appeal for the protection of the members of the Police Force at those times when a majority of all the members of the Town Council are agreed that a review of the action of the Chief of Police in remov-ing a member of the Police Force would be in the best interests of the Town of Laurel. The decision of the Town Council of the Town of Laurel in such cases shall be final and conclusive. Approved April 3, 1978. 22 CHAPTER 9 FORMERLY SENATE BILL NO. 59 AN ACT RELATING TO A SURVIVOR'S PENSION FOR MRS. ROBERT T. HOFFMAN, WIFE OF ROBERT T. HOFFMAN, AN EMPLOYEE OF THE NEWARK SCHOOL DISTRICT. WHEREAS, Robert T. Hoffman had been employed by the Newark School District as a faithful teacher and coach for al-most fifteen years, short of 58 days; and WHEREAS, Robert T. Hoffman died suddenly of a heart attack on March 15, 1972, leaving a widow; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The Board of Trustees is hereby directed to ac-cept the application of Mrs. Robert T. Hoffman for a survivor's pension from her late husband, Mr. Robert T. Hoffman, in ac, cordance with the Pension Act of the State of Delaware and fur-ther directed to determine the said Mrs. Robert T. Hoffman to be eligible for a survivor's pension under the provisions of Sec-tion 5528, Title 29, Delaware Code. Approved April 4, 1973. CHAPTER 10 FORMERLY SENATE BILL NO. 21 AN ACT PROVIDING FOR THE CONVEYANCE OF CER-TAIN LANDS BY THE BOARD OF EDUCATION OF THE NEWARK SCHOOL DISTRICT TO THE DELA-WARE ACADEMY OF SCIENCE, INC., FOR EDUCA-TIONAL PURPOSES. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House thereof concurring therein): Section 1. In accordance with Section 4520, Title 7, Dela-ware Code, the Board of Education of the Newark School District is hereby authorized to convey to the Delaware Academy of Sci-ence, Inc., approximately 2.06 acres of land and improvements formerly known as the Iron Hill District situate in Pencader Hundred, New Castle County, Delaware described in accordance with that survey made by C. C. Tarbutton on January 2, 1923 and also of record as R45-521 in Deed Record K, Volume 23, Page 216 with the following deed stipulations : That said property be used solely for educational pur-poses; That said property cannot be subsequently sold, leased, or transferred to any other corporation, group or individual without further legislative approval ; That the exterior and any addition thereto to said property shall retain its present design in order to preserve its historic value; and That said property shall revert to the Board of Educa-tion of the Newark School District in the event the Delaware Academy of Science, Inc. ceases to exist; or for violation of the provisions of (a), (b), or (c) above. Section 2. The effective date of this Act shall be July 1, 1973. Approved April 6, 1973. 23 24 CHAPTER 11 FORMERLY HOUSE BILL NO, 142 AN ACT TO AMEND SUBCHAPTER III, CHAPTER 3, TITLE 9, OF THE DELAWARE CODE RELATING TO AWARD OF CONTRACTS FOR PUBLIC WORK OR GOODS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 371(a), Subchapter 111, Chapter 3, Title 9 of the Delaware Code, by striking the amount "$1,000" and substituting the amount 12,500" in lieu thereof. Approved April 10, 1973. CHAPTER 12 FORMERLY HOUSE BILL NO. 75 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO EMPOWER AND DIRECT THE DEPARTMENT OF ADMINISTRATIVE SERVICES TO GRANT A LONG TERM LEASE TO THE CAPITOL LITTLE LEAGUE, ALLOWING THE CAPITOL LITTLE LEAGUE TO OC-CUPY A PORTION OF CERTAIN PREMISES OWNED BY THE STATE OF DELAWARE. WHEREAS, a State owned property located on Newport Gap Pike immediately adjacent to the old New Castle County Workhouse and formerly occupied by the Division of Adult Cor-rections is now vacated, which land is further bounded and de-scribed on a plat which is entitled : DETAIL "A"; and WHEREAS, the Department of Administrative Services has no foreseen need for the premises, and the Capitol Little League is greatly in need of space for purposes of expansion ; and WHEREAS, the members of the 127th General Assembly are well aware of the benefits derived by the community from the activities of Little Leagues in general and of the activities of the Capitol Little League in particular. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The Department of Administrative Services is hereby authorized, empowered, directed and required to make provision for the needs of the Capitol Little League in any con-sideration of the use of the State-owned property located on Newport Gap Pike immediately adjacent to the old New Castle Adult Corrections. County Workhouse and formerly occupied by the Division of Section 2. The Department of Administrative Services is hereby authorized and directed to grant a ten year lease with 25 26 the right of renewal annually for an additional ten year term for the property to the Capitol Little League at an annual rental rate of $1.00 per year and under such other terms and conditions as the Department of Administrative Services deems necessary not limited to but including the assumption of full liability by the Little League for loss due to fire, theft and injury to person or property (accidental or intentional). Any clause notwith-standing in the lease, if the Capitol Little League terminates its program or terminates possession of the present site, the lease will then be terminated and full rights of the property, with im-provements, will revert to the State. Provided further, in consideration of such lease, the Capitol Little League shall assume the responsibility of preparing the site for program purposes. Approved April 11, 1973. Chapter 12 CHAPTER 13 FORMERLY HOUSE BILL NO. 162 AS AMENDED BY HOUSE AMENDMENTS NO. 1, 2 AND 4 AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO THE DIVISION OF CENTRAL DATA PROCESSING, DEPARTMENT OF ADMINISTRATIVE SERVICES FOR OPERATIONAL COSTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the Division of Central Data Processing, Department of Administrative Serv-ices. the amount of $80,000 for salaries of employees. Section 2. This Act shall be known as a supplementary ap-propriation and the funds appropriated shall be in addition to any funds heretofore appropriated and shall be paid by the State Treasurer from General Fund monies not otherwise appropri-ated. Section 3. Funds appropriated herein which remain unex-pended on June 30, 1973, shall revert to the General Fund. Approved April 12, 1973. 27 28 CHAPTER 14 FORMERLY HOUSE BILL NO. 39 AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2 AN ACT RETURNING ARDEN SCHOOL AND ITS SITE TO THE TRUSTEES OF ARDEN. WHEREAS, the site of the Arden School was secured by the Board of Education of Arden School District No. 3, New Castle County, State of Delaware, from the Trustees of Arden in 1924 for the sum of one dollar; and WHEREAS, a schoolhouse was constructed thereon by the Arden School District No. 3 and maintained by them until the merger of said School District with the Mount Pleasant School District in July, 1969; and WHEREAS, due to the loss of enrollment, the small size of building and site, and the approaching need of costly major electrical and heating renovations, the Board of Education of the Mount Pleasant School District deems its continued use as an instructional facility not feasible ; and WHEREAS, the building and site could serve as a cultural and civic center for Arden; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each branch thereof concurring therein): Section 1. In consideration of the sum of one dollar ($1.00) to be paid by the Trustee of Arden to the Treasurer of the State of Delaware, the site and school building of the Mount Pleasant School District located in Arden shall be transferred to the Trustees of Arden, in accordance with the provisions of §4520 (d), Chapter 45, Title 7 of the Delaware Code. Section 2. This Act shall become effective June 30, 1973. Approved April 12, 1973. CHAPTER 15 - FORMERLY HOUSE BILL NO. 85 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO RE-INCORPORATE THE CITY OF LEWES" AND PROVID-ING AUTHORIZATION FOR COUNCILMEN TO SIGN APPROPRIATIONS WARRANTS PURSUANT TO OR- ' DINANCES OR RESOLUTIONS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of the members elected to each House con-curring therein): Section 1. Amend Section 19, Chapter 170, Volume 57, Laws of Delaware, by striking subsection (h) of said section, and substituting in lieu thereof the following: "(h) Warrants pursuant to ordinances or appropriation res-olutions made by the City Council shall be signed by any two elected officials of the City or by any elected official of the City and the City Manager. The Mayor of the City of Lewes shall pre-pare and submit to the City Council such reports as may be re-quired by that body. He shall perform such other duties as may be prescribed by this Charter, or required of him by ordinance or resolution of the City Council." Approved April 12, 1973. 29 30 CHAPTER 16 FORMERLY HOUSE BILL NO. 99 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND SECTION 1143, CHAPTER 11, TITLE 12, DELAWARE CODE, RELATING TO SALE OF PER-SONAL PROPERTY BY STATE ESCHEATOR. Be it emoted by the General Assembly of the State of Delaware: Section 1. Subsection (a) of Section 1143, Chapter 11, Title 12, is amended to read in its entirety as follows : "(a) All abandoned property, other than money, delivered to the State Escheator pursuant to this chapter, shall be sold or disposed of within 15 months after such delivery, at public auc-tion to the highest bidder or in such manner and at such times as the State Escheator, in his discretion, shall determine to be in the best interest of the State. In the case of stocks, bonds or other securities, disposition may be made by sale through a registered broker on a recognized securities exchange or over the counter market, or, if there is no ready market for such security, by ne-gotiation or public auction. Section 2. Effective Date. This Act shall take effect on date of enactment. Approved April 12, 1973. CHAPTER 17 FORMERLY HOUSE BILL NO. 140 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT AUTHORIZING THE TRANSFER OF CONSTRUC-TION FUNDS PRESENTLY APPROVED FOR CON-STRUCTION OF THE HENRY B. DUPONT MIDDLE SCHOOL AND ALEXIS I. DUPONT HIGH SCHOOL, TO BE EXPENDED IN THE RENOVATION OF THE ALEXIS I. DUPONT MIDDLE SCHOOL. WHEREAS, the residents of the Alexis I. duPont School District approved funds for construction of school facilities ; and WHEREAS, the construction of said facilities cost less than the estimated cost; and WHEREAS, the Alexis I. duPont School District contrib-uted 49.3% of the total cost of the above facilities; and WHEREAS, the State Board of Education approved the re-quest for transfer of said funds; and WHEREAS, the funds will make it possible to start immedi-ately on the renovations of the Alexis I. duPont Middle School; and WHEREAS, the above renovations will include the enclos-ing of open stairways, constructing fire breaks, constructing a fire escape, and other changes necessary to meet present safety standards. NOW, THEREFORE, Be it enacted by the General Aesembly of the State of Delaware: Section 1. The Alexis I. duPont School District is hereby permitted to transfer the amount of one hundred thousand dol-lars ($100,000.00) of local funds toward the renovation of the Alexis I. duPont Middle School from construction funds previ-ously approved for construction of the Henry B. duPont Middle School and the addition to the Alexia I. du Pont High School. Approved April 13, 1973. 31 32 CHAPTER 18 FORMERLY HOUSE BILL NO. 77 AN ACT TO AMEND AN ACT ENTITLED: AN ACT TO IN-CORPORATE THE TOWN OF HENLOPEN ACRES. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House con-curring therein): Section 1. Section 1, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the words "Mayor and Commissioners of Henlopen Acres" and substituting in lieu thereof the words "The Town of Henlopen Acres". Section 2. Section 3, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by deleting from said Section the last sentence thereof. Section 3. Subsection (d), Section 5, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (d), Section 5, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: "(d) At the Annual Municipal Election, every person, male or female, who shall have attained the age of eighteen (18) years on the date of the Annual Municipal Election, and who shall be a citizen of the United States of America and a bona fide resident of the Town of Henlopen Acres shall have one (1) vote and also, every person, male or female, who shall be a freeholder in the Town of Henlopen Acres, whether or not a resident of the Town of Henlopen Acres, shall have one (1) vote." Section 4. Subsection (a), Section 8, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking the words "one day" as the same appear in the first sen-tence thereof and substituting in lieu thereof the words "three days". Chapter 18 33 Section 5. Subsection (a), Section 9, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (a), Section 9, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: Each candidate shall file with the Town Clerk or Mayor of the Town of Henlopen Acres on or before the close of business on the Second Friday in July preceding the Annual Municipal Election letter or other certificate setting forth that he will be a candidate for a certain designated office, such letter to be effec-tive shall be received prior to the time set forth herein." Section 6. Subsection (b), Section 10, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (b), Section 10, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: Voting machines shall be used in all Annual Munic-ipal Elections in which there is a contest for any elective office. Paper ballot may be used in any Annual Municipal Election in which there is no contest for any elective office." Section 7. Subsection (a), Section 21, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (a), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: "(a) The Commissioners of Henlopen Acres or the Board of Assessment, if appointed as set forth in this Charter, may, prior to the second day in June of each year, make a just, true and im-partial annual valuation or assessment of all real estate and all improvements located thereon situate within the corporate limits of the Town of Henlopen Acres, or the Commissioners of Hen-lopen Acres may, by Resolution, adopt as the annual assessment for the Town of Henlopen Acres the assessment for real estate and improvements located thereon as compiled by the Board of Assessment of Sussex County. In making such assessment, the rules and exemptions now applicable by law to the making of a County assessment of property shall be applicable insofar as consistent with the provisions of this Charter. All real estate -.1 34 Chapter 18 and improvements located thereon shall be described with suf-ficient particularity to be identified. Real estate and improvements thereon shall be assessed to the owner or owners if they be known. If the owner or owners cannot be found or ascertained, the real estate and any improvement thereon shall be assessed to "Owner Unknown". A mistake in the name of the owner or owners, or a wrong name, or an assessment to "Owner Unknown" shall not affect the validity of the assessment of any municipal tax or assessment based thereon ; provided the assessment shall specify the last record owner or owners thereof as the same shall ap-pear from the records in the Office of the Board of Assessment in Sussex County." Section 8. Subsection (b), Section 21, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "January" as the same appears in said subsection (b), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the word "June". Section 9. Subsection (c), Section 21, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out all of subsection (c), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: The annual assessment list shall distinguish the real and personal assessment of each person and shall also be ar-ranged so that the land, the improvements thereon and the per capita assessment shall appear in a separate column of spaces. In making its assessment, the Commissioners of Henlopen Acres, or the Board of Assessment, as the case may be, shall make its valuation accordingly." Section 10. Subsection (d), Section 21, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out the first sentence of said subsection (d), Section 21, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following; The real estate, together with improvements located thereon of the Board of Assessment, if appointed, shall be as-sessed by the Commissioners of Henlopen Acres." Chapter 18 35 Section 11. Subsection (a), Section 22, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "January" as the same appears in sub-section (b), Section 21, Chapter 504, Volume 57, Laws of Dela-ware, and substituting in lieu thereof the word "June". Section 12. Subsection (c), Section 22, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (c), Section 22, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: "(c) The Commissioners of Henlopen Acres shall then pro-ceed to determine, assess, fix and/or levy the following: the rate of tax on real estate and on improvements lo-cated thereon per One Hundred Dollars ($100.00) of assessed value; and/or the amount of personal or per capita tax upon each qualified voter; and/or the rate of tax upon all poles, construction, erections, wires and appliances, more particularly mentioned or intended so as to be in subsection 26 (25) of this Charter, as amended; and/or the several rates to be charged for furnishing water service, sewer service, electric service, gas service; and/or the several license fees to be charged for carrying on or conducting of the several businesses, professions, or occupations more particularly mentioned or intended so as to be in Section 26 (26) of this Charter, as amended; and/or the rates or fees to be charged in respect to any other authorized source of revenue in their best judgment and estima-tion in order to realize the amount to be raised from each source determined by them to be used, as aforesaid ; provided, however, that sources 4, 5 and 6 may be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal year basis and at any other regular or special meeting of the Commissioners of Henlopen Acres as they, in their discretion, shall determine." 36 Chapter 18 Section 13. Subsection (d), Section 22, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "January" as the same appears in sub-. section (d), Section 22, Chapter 504, Volume 57, Laws of Dela-ware, and substituting in lieu thereof the word "June". Section 14. Subsection (d), Section 22, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out the last sentence of subsection (d), Section 22, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: "In addition to the information contained in the assessment list, it shall likewise contain information as to the rate of tax upon real estate and upon improvements located thereon per One Hundred Dollars ($100.00) of assessed value thereof." Section 15. Subsection (d), Section 23, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out the word "March" as the same appears in subsec-tion (c), Section 23, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the word "September". Section 16. Subsection (a), Section 25, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (a), Section 25, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: The fiscal year for the Town of Henlopen Acres shall be from July 1st of one year to June 30th of the next succeeding year ; provided, however, that for the period from the end of the present fiscal year until June 30, 1973, the Commissioners of Henlopen Acres shall provide a pro-rated budget." Section 17. Subsection (b), Section 25, Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by striking out all of said subsection (b), Section 25 Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: Annually each year and not later than the last week in May, the Town Clerk and the Treasurer shall prepare a rough Chapter 18 87 draft of a Town Budget. From this rough draft, the Commission-ers of Henlopen Acres shall, not later than July 10th of each year, prepare the Town Budget, containing the financial plan for con-ducting the affairs of the Town of Henlopen Acres for the ensuing fiscal year." Section 18. Subsection (a), Section 26, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out Paragraph 16 of said subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: "16. To levy and collect taxes for any and all municipal pur-poses upon all real estate and improvements located thereon." Section 19. Subsection (a), Section 26, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by striking out Paragraph 19 as it appears in subsection (a), Section 26, Chapter 504, Volume 57, Laws of Delaware, and sub-stituting in lieu thereof the following : "19. To borrow money in the name of the Town for any proper municipal purpose, and in order to secure the payment of the same to issue bonds or other kinds or forms of certificate or certificates of indebtedness, pledging the full faith and credit of the Town or such other security or securities as the Commis-sioners of Henlopen Acres shall select for the payment of the principal thereon and the interest due thereon, all of which bonds or other kinds or forms of certificates of indebtedness is-sued by the Town of Henlopen Acres shall be exempt from all State, County or Municipal taxes ; provided, however, that in no event shall the indebtedness of the Town of Henlopen Acres, for any and all purposes, at any time, exceed in the aggregate fifteen percent (15%) of the assessed value of all real estate, including improvements thereon, located within the corporate limits of the Town of Henlopen Acres subject to assessment for the purpose of levying the annual tax hereinbefore mentioned." Section 20. Subsection (a), Section 26, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by adding at the end thereof a new paragraph, to be designated as Paragraph 25, to read as follows : 38 Chapter 18 To levy and collect taxes upon all telephone, telegraph, power poles, pipelines, rail lines or other constructions or erec-tions of a like character erected within the corporate limits of the Town, together with the wire or other applicances thereto or thereon attached; expressly excepting all telephone, tele-graph, power lines or poles and rail lines owned or operated by any railroad or railway company engaged in interstate com-merce, for any and all purposes, and to this end may at any time direct the same to be included in or added to the Town Assess-ment. In case the owner or Lessee of such constructions or erec-tions, wires or other appliances shall refuse or neglect to pay the taxes levied thereon, in addition to the remedies for the col-lection of taxes set forth in Section 27 of this Charter, the Com-missioners of Henlopen Acres shall have the authority to cause the same to be removed." Section 21. Subsection (a), Section 26, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by adding at the end thereof a new paragraph, designated as Paragraph 26, to read as follows: To license, tax, and collect fees annually for any and all municipal purposes (including the cost and expense of adver-tising the Town) of such various amounts as the Commissioners of Henlopen Acres from time to time shall fix from any individ-ual, firm, association or corporation carrying on or practicing any business, profession or occupation within the corporate limits of the Town of Henlopen Acres; provided, however, that nothing herein shall be so construed as to make it mandatory upon a resident of the State of Delaware to apply for a license in order to sell in the Town of Henlopen Acres farm produce or products grown upon a farm owned by the vendor or any member of his family with whom he resides. Section 22. Subsection (a), Section 26, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended by adding at the end thereof a new paragraph, to be designated as Paragraph 27, to read as follows: To levy and collect a person or per capita tax upon all persons otherwise qualified to vote at any Annual Municipal Election to be used for any and all municipal purposes and not Chapter 18 39 to exceed the sum of Five Dollars ($5.00) in any one year for each such person." Section 23. Chapter 504, Volume 57, Laws of Delaware, be and the same is hereby amended by adding a new section follow-ing Section 30 to be designated as Section 30A, to read as fol-lows: SEWER SYSTEM "Section 30A. The Commissioners of Henlopen Acres are hereby vested with full power and authority to provide, con-struct, extend, maintain, manage and control a sewer system for the health, sanitation and convenience of the inhabitants of the Town of Henlopen Acres on, over, under or through the streets, alleys, lanes, roadways or other highways; or on, over, under or through the lands of any person. The Commissioners of Hen-lopen Acres shall have the power to enact Ordinances, Rules and Regulations regarding the sewerage system and sewage treat-ment plant, if any, of the Town and the use thereof and the amounts to be paid by the users thereof and to fix fines and pen-alties, or both, for the wilful or negligent injury or damage to or interference with the said sewerage system or sewage treat-ment plant of the Town. The Commissioners may, at their option, furnish sewer facilities to places and properties outside the lim-its of the Town of Henlopen Acres upon such special terms, charges and conditions as the Commissioners may deem wise. In a proper case, the Commissioners of Henlopen Acres may re-quire any property in the Town to be connected with the sewer system and may compel the owner to pay the charge of such con-nection and the tapping fee charge therefor, and in respect there-to may use Any method provided in this Charter for the collection thereof. The Commissioners may, at their option, contract for and purchase sewer disposal service from Sussex County or any other municipality or political subdivision of the State of Del-aware, and to resell the same to users within or without the Town of Henlopen Acres with the same powers as though such service had been initially provided by the facilities therefor of the Town of Henlopen Acres itself. The Commissioners in Hen-lopen Acres may, by condemnation proceedings, take private land or property or the right to use private land or property under, over or on the surface thereof for the proper operation or 40 Chapter 18 extension of the sewer system or sewage treatment plant in the Town of Henlopen Acres. The proceedings for condemnation un-der this Section shall be the same as prescribed by the general laws of eminent domain in Title 10, Delaware Code of 1953, as amended. Such condemnation proceeding may also be used by the Commissioners of Henlopen Acres in order to acquire private property and comply with any contract for the purchase of sewer disposal service." Section 24, Subsection (m), Section 32, Chapter 504, Vol-ume 57, Laws of Delaware, be and the same is hereby amended, by striking out all of subsection (m), Section 32, Chapter 504, Volume 57, Laws of Delaware, and substituting in lieu thereof the following: "(m) In no event shall the indebtedness of the Town of Hen-lopen Acres, for any and all purposes, at any one time, exceed, in the aggregate, fifteen percent (15%) of the assessed value of all real estate including improvements located thereon situate within the confines of the Town of Henlopen Acres and subject to assessment for the purpose of levying the annual tax herein-before provided." Approved April 16,1973. CHAPTER 19 FORMERLY HOUSE BILL NO. 96 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 11, TITLE 30, DELAWARE CODE, RELATING TO ITEMIZED DEDUCTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subsection (a) of Section 1109, Chapter 11, Title 30, Delaware Code, is amended to read in its entirety as follows : "(a) GeneralIn determining taxable income under this Chapter, in lieu of the standard deduction provided by Section 1108, a resident individual may elect to deduct the sum of the itemized deductions claimed on his Federal return in determining his Federal taxable income or, if the standard deduction was claimed on his Federal return, the sum of the itemized deductions to which he would have been entitled had he itemized his deduc-tions, reduced by: the amount thereof representing income taxes imposed by this State; the amount of any charitable contributions in excess of twenty per cent (20%) of Federal adjusted gross income as modified by Section 1106 of this title; and the amount of any income tax imposed on him for the taxable year by another state of the United States or a political subdivision thereof or the District of Columbia on income derived from sources therein if he elects to take such amount as a credit in accordance with Section 111 (a) of this Chapter." Section 2. Section 1124, Chapter 11, Title 30, Delaware Code, is amended by striking the entire first sentence, and insert-ing in lieu thereof the following new sentence: "In lieu of the standard deduction provided by Section 1123, a nonresident individual may elect to deduct the sum of the item-ized deductions connected with income derived from sources 41 42 Chapter 19 within this State and deducted on his Federal return in deter-mining Federal taxable income, or, if the standard deduction was claimed on his Federal return, the sum of such itemized deduc-tions to which he would have been entitled had he itemized his deductions." Section 3. Effective date. This Amendment shall apply to all taxable years commencing on or after January 1, 1973. Approved April 16, 1973. CHAPTER 20 FORMERLY SENATE BILL No. 117 AN ACT TO AMEND SUBCHAPTER III, CHAPTER 11, TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED LIFE INSURANCE FUNDS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Paragraph 2 of subsection (b) of Section 1182, Chapter 11, Title 12 of the Delaware Code is amended by striking the semicolon at the end thereof and inserting in lieu thereof the following: ", except that amounts under fifty dollars ($50.00) each may be reported in aggregate:" Approved April 19, 1973. 48 44 CHAPTER 21 FORMERLY SENATE SUBSTITUTE NO. 1 FOR SENATE BILL NO. 29 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL. WHEREAS, it has been brought to the attention of the members of the 127th General Assembly that many of the State owned ponds which are maintained primarily for recreational purposes are being choked and congested with aquatic vegeta-tion thus hampering the recreational purposes of these ponds as well as destroying their esthetic nature; and WHEREAS, an effective program of this nature must be carried out during the months of April, May and June to get the best results ; and WHEREAS, the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, do not have the necessary funds or personnel in their budget for this purpose. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $7,605.00 is hereby appropriated to the Department of Natural Resources, Division of Fish and Wild-life, to be used for the purpose of alleviating and controlling aquatic vegetation. Section 2. This Act shall be known as a supplementary ap-propriation for the fiscal year 1973 and the funds appropriated herein shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropri-ated. Section 3. Funds appropriated herein remaining unexpend-ed on June 30, 1973, shall revert to the General Fund of the State of Delaware. Approved April 19, 1973. CHAPTER 22 FORMERLY SENATE BILL NO. 18 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF FINANCE. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the Department of Finance the total sum of $5,000 for the purposes described below in order to enable the Veterans Military Pay Office (25-08- 000) to continue functioning for the balance of the fiscal year ending June 30, 1973. TRAVEL $ 250 Mileage CONTRACTUAL SERVICES 2,750 Postage, Telephone, Rental of Office Equipment, Repair and Servicing Office Equipment, Printing and Binding, Asso-ciation Dues, Conference Fees and Other Contractual Services SUPPLIES AND MATERIALS 2,000 Stationery and Office Supplies, Purchase of Printed Material from U.S. Govern-ment, and Other Supplies and Materials TOTAL $5,000 Section 2. This Act shall be known as a supplementary ap-propriation and the sums appropriation shall be in addition to any funds heretofore appropriated and shall be paid by the State Treasurer from the General Fund monies not otherwise appro-priated. Section 3. Funds appropriated herein which remain unex-pended on June 30, 1973, shall revert to the General Fund. Approved April 19, 1973. 45 46 CHAPTER 23 FORMERLY SENATE BILL NO. 42 AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY FOR THE CONTINUED PAYMENT TO PERSONS WHO SERVED OR WILL SERVE IN THE ARMED FORCES OF THE UNITED STATES DURING THE VIETNAM CONFLICT; TO AUTHORIZE THE IS-SUANCE OF BONDS AND BOND ANTICIPATION NOTES THEREFOR AND APPROPRIATING THE MONEY BORROWED TO THE DEPARTMENT OF FINANCE. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all members elected to each House concurring therein): Section 1. There is appropriated to the Department of Finance the sum of $500,000.00 or so much thereof as shall be received from the sale of Bonds and Notes hereinafter author-ized, which shall be used for the purpose of continued payment of Bonuses to the Veterans of the Vietnam Conflict. Section 2. Any of said appropriated funds remaining un-expended at end of any fiscal year shall not revert to the General Fund, but shall remain to be used for the purposes set forth in this Act. Section 3. The said sum of $500,000.00 shall be borrowed by the issuance of Bonds and Bond Anticipation Notes upon the full faith and credit of the State of Delaware. Such Bonds and Notes shall be authorized and issued as provided in Chapter 74, Title 29, Delaware Code. Such Bonds and Notes may be sold at either public or private sale and my be issued at one time or from time to time as the funds appropriated hereby become necessary. For purpose of identification the Bonds issued pursuant to this au-thorization Act may be known, styled or referred to as Delaware Veterans Bonus Bonds of 1973. Section 4. There is hereby appropriated from the General Fund such sums as may be necessary for the expenses incident to Chapter 23 47 the issuance of the Bonds and Notes herein authorized, and such further sums as may be necessary to pay any interest which be-comes due on such Bonds and Notes during the current fiscal year and such further sums as may be necessary for the repay-ment of the principal of any of the said Bonds which becomes due during the current fiscal year. Vouchers for the payment of the expenses incident to the issuance of Bonds and Notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Vouchers for the payment of interest and repayment of said Bonds and Notes shall be signed by the Secre-tary or his designee of the Department of Finance. Any monies received from the premium and accrued interest on the sale of said Bonds and Notes shall be deposited to the credit of the General Fund. Section 5. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act and for each subsequent fiscal year or Biennium, shall contain under the Debt Service Item provisions for the payment of interest and principal maturities of the Bonds (or notes which are not funded by the issuance of Bonds) issued under the authority of this Act, and such of the revenues of the State of Delaware as are not pro-hibited by Constitutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemp-tion and cancellation of said Bonds and payment of interest thereon. Approved April 19, 1973. 48 CHAPTER 24 FORMERLY HOUSE BILL NO. 130 AN ACT TO AMEND SUBCHAPTER III, CHAPTER 10, TITLE 14 OF THE DELAWARE CODE RELATING TO THE SCHOOL BOARD OF THE CAPE HENLOPEN SCHOOL DISTRICT. WHEREAS, Cape Henlopen School District is composed of several former school districts; and WHEREAS, because of its size and geographical compo-sition, it is believed that a more desirable representation of school board membership can best be provided by a School Board of seven (7) members rather than five (5) members as presently required. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend subchapter III, Chapter 10, Title 14 of the Delaware Code, by adding thereto a new section, designated as §1069, which new section shall read as follows: § 1069. School Board for Cape Henlopen School District Notwithstanding anything contained in this Chapter to the contrary, the School Board of the Cape Henlopen School District shall be composed of seven (7) members. The Cape Henlopen School District is hereby divided into four (4) areas as follows: (a) Area ABeginning at a point on the shoreline of the Delaware Bay approximately half the distance between Shorts Beach and Broadkill Beach; thence following aWesterly direction to Primehook Creek, thence following said creek to a point at Waples Pond where that body of water flows under Route 14; thence following the center of Route 14 to its intersection with Public Road 233; thence following the center of Public Road Chapter 24 49 233 to its intersection with Route 16; thence continuing in a straight line to the Broadkill River; thence following the Broad-kill River to the corporate limits of Milton ; thence following the corporate limits of Milton in a Southerly and Westerly direction to the point where Route 5 crosses said corporate limits; thence following the center of Route 5 for a short distance to its inter-section with Public Road 249; thence following the center of Public Road 249 to the boundary line of the Cape Henlopen School District; thence following the district boundary line, first in a Westerly direction to a point where the school district boundary intersects the shore line of the Delaware Bay; thence following that shore line to the beginning point of Area A. The area described above and under Area A shall be designated as Area A. Area BBeginning at a point on the shoreline of the Delaware Bay immediately Northerly of Route 18, thence follow-ing the center line of Route 18 to the boundary line of the Cape Henlopen School District; thence following that boundary line, first in a Northerly direction to its intersection with Public Road 249; thence following the center of Public Road 249 and the boundary of Area A as described heretofore to a point on the shore line of Delaware Bay described as the beginning point of the description of Area A; thence in an Easterly direction fol-lowing said shoreline to the beginning point in the description of Area B. The area described above under Area B shall be des-ignated Area B. Area CBeginning at a point on the shoreline of the Atlantic Ocean at a point where the Southerly most boundary line of the former Military Reservation known as Fort Miles in-tersects said shoreline; thence following the Southerly most boundary of the former Fort Miles to the Lewes and Rehoboth Canal; thence following a straight line to the center of Public Road 271; thence following the center of that road to its inter-section with Route 14; thence following the center of Route 14 to a point in Route 14 opposite the Easterly corner of Public Road 273 at a point where said public road and Route 14 inter-sect; thence in a direct line to an unnamed creek which empties into a cove immediately East of the Rehoboth Beach Country Club (all property fronting on Public Road 273 shall be consid-ered to be located in Area C) ; thence in a line through Rehoboth 50 Chapter 24 Bay to the Cape Henlopen School District boundary line at Her-ring Creek; thence following the school district boundary line, first in a Westerly direction until the point where it intersects Route 18; thence following the center of Route 18 to its end near to the Delaware Bay ; thence in a continuing line to said shore line and following the shoreline, first in an Easterly direction, to the tip of Cape Henlopen ; thence following the shoreline of the Atlantic Ocean to a point on the shoreline where the South-erly most boundary of the former Fort Miles intersects the shoreline which was described as the beginning of the description of Area C. The area described above and under the heading Area C shall be known as Area C. (d) Area D.Beginning at the same point on the shoreline of the Atlantic Ocean described in Area C as the point where the Southerly most boundary of the former Fort Miles intersects the shoreline and following the description of the boundary line of Area C to a cove immediately Easterly of the Rehoboth Beach Country Club ; thence in a line extending through Rehoboth Bay and around Burton Island and through Indian River Inlet; thence following the shoreline of the Atlantic Ocean to the be-ginning point which is that point on the shoreline where the Southerly most boundary line of the former Fort Miles intersects the ocean shoreline. The area described above shall be known as Area D. School Board members shall be elected in the following man-ner : At the regular school election in 1973 the qualified electors in the school district shall choose one member who is a resident of Area A. At the regular school election in 1974 the qualified elec-tors in the school district shall choose one member who is a resi-dent of Area C; one member who is a resident of the district at large and a second member who is a resident of the district at large; the term of one of the members chosen at large shall be limited to one (1) year. At the regular school election in 1975 the qualified elec-tors in the school district shall choose one member who is a resi-dent of Area B and one member who is a resident of the district at large. Chapter 24 51 At the regular school election in 1976 the qualified elec-tors in the school district shall choose one member who is a resi-dent of the district at large. At the regular school election in 1977 the qualified vot-ers shall choose one member who is a resident of Area D. All subsequent school board elections shall follow a schedule with a five-year sequence as herein listed. 1978Elect one member who is a resident of Area A. 1979Elect one member who is a resident of Area C and one member who is a resident of the district at large. 1980Elect one member who is a resident of Area B and one member who is a resident of the district at large. 1981Elect one member who is a resident of the district at large. 1982Elect one member who is a resident of Area D. Each school board member shall be elected to a term of five (5) years except as provided in (2) when one member is elected for a one (1) year term. A further exception shall be when such election is to fill an unexpired term as provided in this Chapter, until a successor has been elected and duly quali-fied, said term of such elected school board member to commence on the first day of July following his election. Nominations for each candidate qualified to be a school board member shall provide a declaration of intention as whether the candidate is to serve at large, if elected, or if the candidate is to serve from his legal place of residence whether it be Area A, B, C or D, depending upon board members to be elected in a given year. Nominations in either case shall be by residents of the school district as provided elsewhere in this Chapter. At the election, whether by voting machine or ballot, the names of all persons properly nominated shall be listed alphabetically in appropriate groupings by Area and/or "at large". If in a given year when nominations may be made for members living in a specific area and no nominations are so made, and if during that given year a nomination may also be made for a member to serve "at large", the member "at large" living in the given Area receiving the highest number of votes shall be declared duly elected to the position of school board member ; if the same can-didate should also have received the highest number of votes of 52 Chapter 24 all candidates nominated to serve "at large" then the person receiving the second highest number of votes shall be declared duly elected to the position "at large" in the school district. At the regular election in 1974 the member at large receiving the second highest number of votes shall be declared duly elected to the position of school board member for one (1) year. If as pro-vided herein there is no candidate nominated to serve from Area C and a candidate at large living in Area C is declared duly elected to the position as provided herein then the person receiv-ing the second highest number of votes following the person de-clared duly elected to serve to the position of "at large" member shall be declared duly elected to the position of school board mem-ber for a five (5) year term and the person receiving the third highest number of votes shall be declared duly elected to the posi-tion of school board member for a term of one (1) year. In all school board election nominations may be made and board members chosen at the election by qualified electors of the entire school district thereof. Each school board member so elected shall have those qualifications prescribed by this Chapter and shall meet any other requirements provided in this section." Approved April 19, 1973. CHAPTER 25 FORMERLY HOUSE BILL NO. 221 AN ACT TO AMEND CHAPTER 9 OF TITLE 28, DELA-WARE CODE, RELATING TO PROHIBITION OF HORSE RACING ON CERTAIN RELIGIOUS HOLIDAYS. Be it enacted by the General Anembly of the State of Delaware: Section 1. Amend Chapter 9 of Title 28, Delaware Code, by adding thereto a new section to be designated as §906 to read as follows: § 906. Regulation of public entertainment on religious holidays Horse racing of any kind on Good Friday or Easter Sunday in any county or municipality within the State is hereby pro-hibited. Approved April 19, 1973. 53 54 CHAPTER 26 FORMERLY SENATE BILL NO. 95 AN ACT TO MAKE A SUPPLEMENTARY APPROPRIA-TION TO THE DEPARTMENT OF HEALTH AND SO-CIAL SERVICES, DIVISION OF MENTAL RETARDA-TION, HOSPITAL FOR THE MENTALLY RETARDED AT STOCKLEY. WHEREAS, the Hospital for the Mentally Retarded at Stockley had received an appropriation for $20,400 for the pur-pose of paving two parallel dirt roads on its campus; and WHEREAS, the lowest bid for the contract to perform the said work was $26,800.00; and WHEREAS, the Hospital for the Mentally Retarded at Stockley used $6,400 from the building and Grounds Repair Line Item in its budget to equal the required amount necessary to pave the said roads. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $6,400 is hereby appropriated to the Department of Health and Social Services, Division of Mental Health, Hospital for the Mentally Retarded at Stockley to re-imburse the Building and Grounds Repair Line Item of its budget. Section 2. This Act shall be known as a supplementary ap-propriation for the fiscal year 1973 and the funds appropriated herein shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appro-priated. Section 3. Funds appropriated herein remaining unexpend-ed on June 30, 1973, shall revert to the General Fund of the State of Delaware. Approved April 25, 1973. 55 CHAPTER 27 FORMERLY SENATE BILL NO. 121 AN ACT AUTHORIZING A TRANSFER OF APPROPRI-ATED FUNDS WITHIN THE DEPARTMENT OF PUB-LIC SAFETY TO MEET EMERGENCY SALARY RE-QUIREMENTS. WHEREAS, an inspector employee of the Division of Boiler Safety has suffered a serious illness ; and WHEREAS, the employee is unable to continue working and will go on disability pension; and WHEREAS, the terminal pay for said employee is such that the Division of Boiler Safety will have insufficient appropriated salary funds remaining to employ a replacement inspector ; and WHEREAS, by not replacing the retiring inspector, the State will not collect approximately three thousand dollars ($3,000) in inspection fee revenue for the General Fund ; and WHEREAS, there is a surplus of salary appropriations within the Office of the Secretary, Department of Public Safety; and WHtREAS, said surplus is the result of a temporarily vacant position. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The Department of Public Safety and the De-partment of Finance are hereby authorized to transfer the sum of one thousand, five hundred eighty dollars ($1,580) from the Salaries and Wages of Employees of the Office of the Secretary (45-01-000) to the Salaries and Wages of Employees of the Division of Boiler Safety (45-09-000). Approved April 26, 1973. 56 CHAPTER 28 FORMERLY SENATE BILL NO. 25 AN ACT TO PROVIDE SUPPLEMENTARY FUNDS FOR THE ADMINISTRATION OF THE DRINKING WATER STANDARDS WHICH ARE REQUIRED BY SECTION 122 (3) (C), TITLE 16, DELAWARE CODE. WHEREAS, the 126th General Assembly amended Section 122(3) (C) to require the establishment of drinking water stand-ards, and the State Board of Health adopted regulations which include drinking water standards on May 14, 1971; and WHEREAS, proper and adequate implementation of the standards is not possible unless a sufficient number of personnel and adequate equipment is provided ; and WHEREAS, citizens are complaining that the standards are not being enforced, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $25,760 is appropriated to the De-. partment of Health and Social Services, Division of Public Health, for the administration of a program to implement the drinking water standards for the period extending from Febru-ary through June, 1973. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not other-wise appropriated. Section 3. Any money appropriated herein and unexpended on June 30, 1973, shall revert to the General Fund of the State of Delaware. Approved April 26, 1973. CHAPTER 29 FORMERLY SENATE BILL NO. 14 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 1, TITLE 27 OF THE DEL-AWARE CODE RELATING TO THE FORMATION OF ROMAN CATHOLIC CHURCH CORPORATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §115, Chapter 1, Title 27, Delaware Code, by striking said §115 in its entirety and inserting in lieu thereof a new §115 to read as follows : § 115. Formation of Roman Catholic Church corporations In every congregation of the denomination of Christians known as the Roman Catholic Church, the Ordinary of the Dio-cese and the Pastor of the congregation for the time being, ac-cording to the practice and discipline of the Church, and one other person to be annually designated by the Ordinary, and two other persons to be annually elected by the members of the con-gregation from among their number (the annual election and appointment to be made when designated by the Ordinary in each and every year, and the incumbents to hold office until their respective successors shall be so elected or appointed, as the case may be), shall be constituted a body politic and corporate, under such title as may be assumed by the corporation, and recorded in a certificate under the hands and seals of the corporators first chosen or otherwise entitled to office under the terms of this chapter. The certificate shall be acknowledged before any person entitled to take acknowledgments of instruments to be used in this State and recorded among the corporation records of the County wherein the congregation has or possesses a place of worship. Approved April 26, 1973. 57 58 CHAPTER 30 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 104 AN ACT TO AMEND SECTION 1199, CHAPTER 11, TITLE 30, DELAWARE CODE, RELATING TO PAYMENT OF INTEREST ON OVERPAYMENTS OF PERSONAL IN-COME TAX. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 1199, Chapter 11, Title 30, Delaware Code, is amended to read in its entirety as follows: § 1199. Interest on overpayments General. Subject to the limitations specified in sub-section (b), interest shall be allowed and paid upon any over-payment in respect of the tax imposed by this chapter at the rate of one percent per month or fraction thereof. Limitations No interest shall be allowed on any overpayment of less than one dollar ($1.00). Interest shall be allowed on any overpayment com-mencing with the 46th day after the last date prescribed for filing the return of such tax, or in case the return is filed after such last date, the 46th day after the return is filed. In the case of an overpayment resulting from the filing of a claim for refund or an amended return, interest shall be al-lowed commencing with the 46th day after such claim or amend-ed return is filed. If the Secretary of Finance or his delegate determines that the refund of any overpayment is unreasonably delayed be-cause of any action or inaction by the taxpayer, no interest shall be allowed during such period of delay. Chapter 30 59 (c) Early returns and advance payments. For purposes of this section and Section 1198: Any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day. Any tax paid by the taxpayer before the last day pre-scribed for its payment shall be considered as being made on such last day. The last day prescribed for filing the return or paying the tax shall be the 30th day of the fourth month following the close of his taxable year regardless of any extension of time granted the taxpayer. Any income tax withheld from the taxpayer during any calendar year and any amount paid by the taxpayer as estimated income tax for a taxable year shall be deemed to have been paid by him on the thirtieth day of the fourth month following the close of his taxable year with respect to which such tax consti-tutes a credit or payment. Section 2. Effective date. This Act shall apply to all over-payments of tax under this chapter allowed or paid in respect of taxable years commencing on or after January 1, 1972. Approved April 26, 1973. 60 CHAPTER 31 FORMERLY HOUSE BILL NO. 131 AN ACT AUTHORIZING THE INCUMBENT STATE TREAS-URER TO TRANSFER CERTAIN BALANCES IN AC-COUNTS OF THE STATE OF DELAWARE TO THE CREDIT OF THE GENERAL FUND OF THE STATE OF DELAWARE. Be it enacted by the General Assembly of the State of Delaware: Section 1. The incumbent State Treasurer is authorized to transfer to the credit of the general fund of the State of Dela-ware the amount of $47,334.42 made up of certain balances for which the date for honoring any check or orders drawn there-upon has expired by statute, such amount being the total of balances on deposit to the credit of the State of Delaware in the Farmers Bank of the State of Delaware, Dover, Delaware, in the name and in the accounts as follows : Treasurer of the State of Delaware Name of Account Number of Account Amount General Checking 2217-125-2 $30,148.79 Payroll 2217-123-0 16,089.71 Pension 2217-124-1 1,095.92 $47,334.42 Approved April 26, 1973. CHAPTER 32 FORMERLY HOUSE BILL NO. 172 AN ACT AUTHORIZING AND APPROVING THE SALE OF REAL PROPERTY SITUATED IN WYOMING, DELA-WARE BY THE DELWARE HOME AND HOSPITAL FOR THE CHRONICALLY ILL AT SMYRNA. WHEREAS, certain real property, more particularly here-inafter described, was devised to the Delaware Home and Hos-pital for the Chronically ill at Smyrna, Delaware by the Will of Viola E. Warnick of Wyoming, Delaware; and WHEREAS, the Will of Viola E. Warnick, dated June 9, 1957 and of record in the Office of the Register of Wills in and for Kent County, Delaware in Will Record N, Volume 3, Page 3, provides in part as follows: "I leave to the Welfare Home my real estate in memory of my sister, Mrs. Lundgreen, to be used for refreshments for the dear folks."; and WHEREAS, the Delaware Home and Hospital for the Chronically ill at Smyrna, Delaware is more commonly referred to as the State or Smyrna Welfare Home; and WHEREAS, in order to comply with the terms of the Will of Viola E. Warnick, it would be necessary either to render the property to a condition wherein it would be income-producing or to sell the property to obtain a revenue source; and WHEREAS, because the current estimates for the repair of the said property would be prohibitive in relationship to the income potential of the property, the most desirable alternative would be to sell the property and use the proceeds in accordance with the terms of the Will of Viola E. Warnick; and WHEREAS, the Delaware Home and Hospital for the Chronically Ill at Smyrna, desires to sell and convey the said property but requires statutory authority and the approval of the Legislature to sell and convey the same. 61 62 Chapter 32 NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sale, transfer and conveyance of the follow-ing described real property by the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware is hereby specific-ally approved : ALL that certain lot, piece and parcel of land with the im-provements thereon erected, situated in the Town of Wyoming, North Murderkill Hundred, Kent County, and State of Delaware, and lying on West side of West Railroad Avenue formerly Wy-oming Avenue, adjoining lands now or formerly of Elwood F. Marker and wife on north, lands now or formerly of the Aldrich heirs on south, lands now or formerly of Harvey McGinnis and wife on West and lands of others. AND BEING the same lands and premises conveyed unto Viola E. Warnick by deed of May T. Lundgreen, widow, dated June 8, 1951 and of record in the Office for the Recording of Deeds in and for Kent County, Delaware in Deed Record H. Vol-ume 19, Page 249. AND the said Viola E. Warnick did depart this life on or about the 11th day of October, 1958, having first made her Last Will and Testament which is of record in the Office of the Regis-ter of Wills in and for Kent County, Delaware in Will Record N, Volume 3, Page 3, wherein and whereby she did devise said lands and premises to the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware (referred to in said Will as the Welfare Home). Section 2. The Delaware Home and Hospital for the Chron-ically Ill at Smyrna, Delaware is hereby authorized and em-powered to sell and convey said real property, and its Director is authorized to execute a good and sufficient deed to the pur-chaser of said real property conveying to the said purchaser all the right, title and interest of the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware and The State of Delaware in and to said real property. Chapter 32 63 Section 3. After the sale of the said real property and the payment of all costs and expenses properly chargeable against the same, including reimbursement to the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware of any and all expenses incurred by said institution in connection with said sale, the net proceeds realized are to be deposited in a bank ac-count to be entitled "The Lundgreen Memorial Fund" and are to be used solely for the purchase of refreshments for the pa-tients at the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware. The Director of the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware, is hereby authorized to make withdrawals from said account for the pur-pose herein stated at such times and in such amounts as he deems appropriate. Approved April 26,1973. 64 CHAPTER 33 FORMERLY HOUSE BILL NO. 133 AN ACT TO AMEND SECTION 4757, CHAPTER 47, TITLE 16, DELAWARE CODE RELATING TO HYPODERMIC SYRINGES AND HYPODERMIC NEEDLES USED FOR TREATING POULTRY AND LIVESTOCK. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 4757, Chapter 47, Title 16, Delaware Code, by adding a new subsection (e) to said section to read as follows: (e) Nothing in this section shall prohibit the delivery, fur-nishing, sale, purchase, or possession of an instrument commonly known as a hypodemic syringe or an instrument commonly known as a hypodermic needle used or to be used solely and ex-clusively for treating poultry or livestock, and such delivery, furnishing, sale, purchase, possession, or use shall be governed by rules and regulations to be prescribed by the Department of Agriculture. Approved April 26, 1973. CHAPTER 34 FORMERLY HOUSE BILL NO. 222 AN ACT TO AMEND SECTIONS 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1321, 1322, 1324 AND 1326 OF CHAPTER 13, TITLE 14, DELAWARE CODE, BY PROVIDING FOR A FIVE AND ONE-HALF PERCENT (5.5%) SALARY IN-CREASE EFFECTIVE JULY 1, 1973. Be it enacted by the General Assembly of the State of Delaware: Section 1. Effective July 1, 1973, the State Board of Edu-cation shall revise the salary schedules established in Laws of Delaware, Volume 57, Chapter 333, §19, and thereafter appear-ing in Delaware Code, Title 14, Chapter 13, in §1305, §1306, §1307, §1308, §1309, §1310, §1311, §1321, §1322, §1324, and §1326 of the Chapter to reflect a 5.5% salary increase rounded to the nearest dollar. Salary increases provided by this section shall be passed in full to each employee whose salary is authorized by this Chapter. Salary schedules prepared in the fulfillment of this section shall be published and promulgated by the State Board of Edu-cation, and shall be referred to the Legislative Council of the State of Delaware and the Code Revisors for inclusion in the legal publications of the State of Delaware. Approved April 27, 1973. 65 66 CHAPTER 35 FORMERLY HOUSE BILL NO. 236 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF PUBLIC SAFETY, DIVI-SION OF STATE POLICE, FOR PURCHASE OF NEW VEHICLES. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the Depart-ment of Public Safety, Division of State Police (45-06-000), the amount of $391,000 for purchase of new vehicles. Section 2. This act shall be known as a supplementary ap-propriation, and the sum appropriated shall be in addition to any funds heretofore appropriated and shall be paid by the State Treasurer from General Fund monies not otherwise appropri-ated. Funds appropriated herein, which remain unexpended on June 30, 1973, shall revert to the General Fund. Approved April 28, 1973. CHAPTER 36 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 1 AN ACT TO AMEND CHAPTER 1, TITLE 13 OF THE DELA-WARE CODE RELATING TO THE SOLEMNIZATION OF MARRIAGES AND PERSONS AUTHORIZED TO CELEBRATE THE MARRIAGE CEREMONY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §106, subchapter 1, Chapter 1, Title 13 of the Delaware Code, by striking the words "where either of the parties belongs to such religious society" as the same appear in the fourth sentence of subsection (a) of said section. Section 2. This Act shall become effective upon signature by the Governor. Approved April 30, 1973. 67 68 CHAPTER 37 FORMERLY SENATE BILL NO. 173 AN ACT AUTHORIZING THE SOIL AND WATER CONSER-VATION DIVISION OF THE DEPARTMENT OF NAT-URAL RESOURCES AND ENVIRONMENTAL CONTROL TO USE THE STATE DREDGE TO ASSIST THE TOWN OF LEWES WITH THE PLACEMENT OF AN UNDER-WATER CABLE. WHEREAS, the Town of Lewes has requested and needs assistance with the placement of an underwater cable and will pay for assistance; and WHEREAS, the Soil and Water Conservation Division of the Department of Natural Resources and Environmental Con-trol has in the State dredge equipment vital to the placement of said cable; and WHEREAS, the Soil and Water Conservation Division of the Department of Natural Resources and Environmental Con-trol will if authorized fully assist the Town of Lewes at said Town's expense; and WHEREAS, no State project will be hindered or jeopard-ized if such assistance is provided. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The Soil and Water Conservation Division of the Department of Natural Resources and Environmental Control is hereby authorized upon payment for use and obtaining engi-neering plans, supervision and all necessary permits by the Town of Lewes to assist the Town of Lewes in the placement of an underwater cable at a site to be selected by mutual agreement between the Town of Lewes or its agents and the Soil and Water Conservation Division of the Department of Natural Resources and Environmental Control. Approved May 1, 1973. 69 CHAPTER 38 FORMERLY SENATE BILL NO. 57 AN ACT TO AMEND SUBCHAPTER III OF CHAPTER 10, TITLE 14, DELAWARE CODE, RELATING TO THE COMPOSITION OF THE INDIAN RIVER SCHOOL BOARD. WHEREAS, Indian River School District is composed of five former School Districts and Special School Districts; and WHEREAS, because of its size and geographical composi-tion, it is believed that the efficient administration, operation and representation of Indian River School District can best be provided by a School Board of Ten (10) members rather than five (5) members as presently required elected from nearly as equal population areas as is possible. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Subchapter III of Chapter 10, Title 14, Delaware Code, by adding thereto a new section to be designated as Section 1068 to read as follows: § 1068. Indian River School Board Notwithstanding anything contained in this Chapter to the contrary, the School Board of Indian River School District shall be composed of ten (10) members. The Indian River School District is hereby divided into five (5) Representative Districts as follows: 1. District Number 1. Beginning on Route 28 where Fleet-wood Pond Branch crosses Route 28, East on Route 28, crossing Route 113 to the Georgetown town limits (one mile circle) ; right on School Lane following the Southern boundary of the 70 Chapter 38 Town to South Bedford Street; right and South on South Bed-ford Street to Route 318; left on Route 318 and 321 to Route 47; right on Route 47 to Route 30; left and North on Route 30 to Gravel Hill ; right at Gravel Hill on Route 18 to Route 5 at Har-beson ; left on Route 5 to the presently established boundary be-tween Indian River School District and Cape Henlopen School District; thence following the Indian River School District and Cape Henlopen School District boundary, Westerly from Route 5 to the intersection of Routes 238 and 239; thence Westerly on Route 238 to the North Fork of Gravelly Branch; thence South-westerly along Gravelly Branch and Collins Pond to Route 18; left on Route 18 to Route 527; right on Route 527 to its inter-section with Route 526 and Route 516; thence Southeasterly to the intersection of Route 529 and Route 46; Easterly along Route 46 for a distance of approximately one tenth mile to a point where Tyndall Branch crosses Route 46; thence following Tyn-dall Branch, Fleetwood Pond, Fleetwood Pond Branch in a Southeasterly direction to the beginning point on Route 28. The last portion of this description being the established boundary line of the Indian River School District and the Milford School District, the Woodbridge School District, and Seaford School District. 2. District Number 2. Beginning at a point where Fleet-wood Pond Branch crosses Route 28; Southeasterly along said Branch to a point where it crosses Route 444 approximately seven tenths mile North of Route 20; South on Route 444 to Route 20; left on Route 20 to Jones Crossroads; thence South-easterly in a straight line between Jones Crossroads and Pusey's Crossroads to a point on Route 74 approximately 1.1 mile West of its intersection with Route 20; left on Route 74 to Route 20; right on Route 20 to Route 113 (Bob's Diner) crossing Route 113 to State Street and continuing on State Street Easterly to Betts Mill Pond Bridge ; thence following this stream and the South bank of the Millsboro Pond to the Mill Dam at Route 24; thence Easterly along Route 24 to the Herring Creek Branch; thence following the established boundary between Indian River School District and Cape Henlopen School District Westerly and Northerly following a portion of the Beaverdam Creek and Route 259 to its intersection with Route 5. The remaining portion of District Number 2 shall be described by the Southern boundary of District Number 1. Chapter 38 71 District Number 3. Beginning at a point 1.1 mile West of Route 20 on Route 74; thence along the established boundary line between Indian River School District and Laurel School Dis-trict to Pusey's Crossroads at Route 472; left on Route 472 to a point where the Pocomoke River reaches Route 472; thence Southeasterly along the Pocomoke River to Route 424; right on Route 424 to Route 24; left on Route 24 to Route 25; right on Route 25 to Route 26; left on Route 26 to Route 113; right and South for a distance of approximately .5 mile to the Southern boundary of the Town of Dagsboro; thence Easterly along the town boundary line to Pepper Creek ; thence North and East along Pepper Creek to Indian River Bay and Rehoboth Bay to Herring Creek; thence Westerly along Herring Creek to Route 24. The remaining Northern boundary for District Number 3 shall coincide with the description of the Southern boundary of District Number 2. District Number 4. Beginning on Route 113 at its inter-section with Route 26; South on Route 113 to Frankford ; thence following the Southern boundaries of Frankford and Vines Creek to the place where Vines Creek crosses Route 54; thence East along Route 54 to Route 382 (Omar) ; right on Route 382 through Roxana to Route 382A; right on Route 382 to Route 389; right on Route 389 to Route 396; right on Route 396 to the Delaware and Maryland State line. The remaining bound-aries of this District are as follows : The Southern boundary is the Delaware and Maryland State line; the Eastern boundary is the Atlantic Ocean ; the Northern boundary is the Indian River Bay from Indian River Inlet to Pepper Creek and the Southern boundary of the Town of Dagsboro as described as the Southern boundary of District Number 3. District Number 5. Beginning on Route 413B at its intersection with Route 24; South on route 413B; thence follow-ing the established boundary line between Indian River School District and Delmar School District through Pepper Box and Whitesville to the Delaware-Maryland line; thence Easterly along the Delaware-Maryland line to Route 396 at Williamsville; thence Northerly to Dagsboro following the here described West-erly boundary of District Number 4 and Westerly through Mis-sion following the Southern boundary of District Number 3 herein described. 72 Chapter 38 At the regular school election in 1973 the qualified elec-tors shall choose one member from Representative District No. 2 for a term of two years ; one member from Representative Dis-trict No. 3 for a term of 5 years ; and one member from Repre-sentative District No. 5 for a term of 3 years. At the regular school election in 1974 the qualified elec-tors shall choose one member from Representative District No. 1 for a term of 3 years ; one member from Representative District No. 2 for a term of 4 years ; one member from Representative District No. 4 for a term of 5 years and one member from Repre-sentative District No. 5 for a term of 5 years. All subsequent school board elections shall follow the schedule herein listed : Year District Term Each school board member shall be elected for a term of five (5) years, except as provided under paragraphs C and D of this Section, and except when such election is to fill an un-expired term as provided in this Chapter, until a successor has been elected and duly qualified, said term of such elected school board member to commence on the first day of July following his election. Each school board member so elected shall have those qualifications prescribed by this Chapter. Approved May 1, 1973. 1975 District No. 1 5 Years 1975 District No. 2 5 years 1976 District No. 3 5 Years 1976 District No. 5 5 Years 1977 District No. 4 5 Years 1977 District No. 1 5 Years 1978 District No. 2 5 Years 1978 District No. 3 5 Years 1979 District No. 4 5 Years 1979 District No. 5 5 Years i CHAPTER 89 FORMERLY HOUSE BILL NO. 68 73 AN ACT TO AMEND CHAPTER 41, PART IV, TITLE 7 OF THE DELAWARE CODE RELATING TO AGRICUL-TURAL AND SOIL CONSERVATION, AND THE COL-LECTION OF TAXES LEVIED BY A DITCH COMPANY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §4175, Subchapter IV, Chapter 41, Title 7 of the Delaware Code, by striking the second sentence of said section, and substituting in lieu thereof the following: "The money collected, with respect to each ditch company, shall be deposited in a bank by him in one or more accounts as the Receiver of Taxes and County Treasurer shall determine, but records shall be kept by the County Receiver of Taxes and County Treasurer which separately lists each ditch company and separately lists each deposit made by each ditch company." Section 2. Amend §4175, Subchapter IV, Chapter 41, Title 7 of the Delaware Code, by striking the word "separate" as the same appears in the last sentence of said section. Approved May 2, 1973. 74 CHAPTER 40 FORMERLY HOUSE BILL NO. 152 AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK, DELAWARE. WHEREAS, it is deemed advisable that the Charter of the City of Newark, adopted pursuant to the provisions of Chapter 8, Title 22, Delaware Code, and as thereafter amended, be in cer-tain respects further amended and revised; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein): Section 1. Amend Article III, Section 306, Vacancies and Forfeiture of Office, by deleting the third paragraph thereof in its entirety and substituting in lieu thereof a new third para-graph as follows : "A vacancy in the Council, including the office of Mayor, shall be filled for the remainder of the unexpired term, if any, at a special election to be held in the same manner in every re-spect as a regular election, on a date fixed by the Council not less than sixty days nor more than ninety days after the occur-rence of a vacancy. The Council, by a majority vote of all its members shall appoint a qualified person to fill the vacancy un-til the person elected to serve the remainder of the unexpired term, takes office. A vacancy shall be announced at a regular Council meeting and a vote on the person to fill the vacancy shall not be held before the next following regular Council meeting. Despite the quorum provisions hereof, if at any time, the mem-bership of the Council is reduced to less than four (4), the re-maining members may, by majority action appoint additional members to raise the membership to seven. Approved May 2, 1973. 75 CHAPTER 41 FORMERLY HOUSE BILL NO. 112 AS AMENDED BY HOUSE AMENDMENTS NO. 1, 3, 4 AND 5 AN ACT TO AMEND PART II, TITLE 29, DELAWARE CODE PROVIDING THAT ANY BILL OR JOINT RESO-LUTION WHICH APPROPRIATES OR MANDATES OR CONTEMPLATES A SUBSEQUENT APPROPRIATION OR WHICH REDUCES REVENUE MUST HAVE A FIS-CAL PROJECTION ATTACHED. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Part II, Title 29 of the Delaware Code, by adding thereto a new chapter, to be designated as Chapter 19, which shall read as follows: CHAPTER 19. FISCAL PROJECTIONS § 190L Bills and Joint Resolutions which appropriate or man-date or contemplate a subsequent appropriation Any bill or joint resolution in either House of the General Assembly which authorizes expenditures not previously author-ized within the annual budget for the fiscal year in which the ex-penditure is to be incurred or which because of the provisions of the bill or joint resolution would authorize expenditures not spe-cifically provided for in the bill or joint resolution shall include at the time of introduction and have attached thereto a three-year fiscal projection. § 1902. Contents of fiscal projection The three-year projection shall be a statement describing, as accurately as can reasonably be ascertained, all requirements, obligations assumed by the State, and other consequences of the bill or joint resolution having a fiscal impact on the State for each of the three fiscal years following the effective date of the bill or joint resolution. Such fiscal projection shall, where ap- 76 Chapter 41 plicable, include full cost data including, but not limited to, salaries, operating costs, other employment costs (fringe bene-fits), capital outlay and debt service. Fiscal projections required in this chapter shall be prepared on forms prescribed by the Controller General. If the fiscal projection is not prepared by the Controller General, it shall contain a statement by the Controller General that he concurs in the sponsor's projection of the fisca impact of the bill or joint resolution as set forth in the fiscal pro-jection, or that he finds contrary or additional fiscal data which should be included in the fiscal projection. The Controller Gen-eral shall point out particular ways in which the bill or joint res-olution may escalate costs or reduce revenue to the State. The fiscal projection must also state how the estimates were cal-culated and from what facts or assumptions. All fiscal projec-tions shall be reviewed or prepared by the Controller General and the same shall be reported to the sponsor in writing. § 1903. Fiscal projection when revenue reduced Any bill or joint resolution which would have the effect of reducing State revenue must have a one-year projection attached thereto, which projection shall describe, as accurately as can reasonably be ascertained, the loss of revenue to the State for the first full fiscal year after the effective date of the legisla-tion and the rationale used in determining such fiscal impact. The Controller General's responsibility herein shall be the same as in §1902. § 1904. Revision of fiscal projection The Controller General shall revise the fiscal projection with each successive state of the legislative process in which any amendment or substitute bill is introduced which changes the fiscal effect of the bill or joint resolution. Such revised fiscal projections must be included with each such amendment or sub-stitute bill at the time of introduction. Fiscal projections pre-viously attached to the bill or joint resolution shall remain with the bill or joint resolution and shall not be removed. § 1905. Federal matching funds Any bill or joint resolution which provides for the expendi-ture of State funds not authorized in the annual budget bill for Chapter 41 77 the fiscal year in which the expenditure is to be incurred, in order to qualify for or otherwise receive Federal funds, shall include a three-year fiscal projection. The fiscal projection shall describe as accurately as can reasonably be ascertained the total antici-pated expenditures of such program or agency, the total amount to be expended or committed by the Federal government for each of the three fiscal years, the total amount to be expended by the State for each of the three fiscal years, and when the Fed-eral funding is likely to be concluded. § 1906. Effect on legislative analysis No provision of this chapter shall be deemed to prevent or limit the preparation of any analysis of any bill or joint resolu-tion by the staff of the Legislative Council or by attorneys of the Senate or House of Representatives, when such analysis is re-quested by a member of the General Assembly. § 1907. Waiver by majority Each House may waive the requirements of this chapter as to any specific legislation pending before such House by a vote of the majority of all members elected to such House. Section 2. This Act shall become effective thirty (30) days after signature by the Governor. Approved May 1, 1973. 78 CHAPTER 42 FORMERLY SENATE BILL NO. 187 AN ACT MAKING A SUPPLEMENTARY APPROPRIA-TION TO THE COURTS AND TO THE NEW CASTLE COUNTY LAW LIBRARY FOR OPERATIONAL COSTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the Courts the amount of $159,800 and to the New Castle County Law Library the amount of $4,200 for operational costs for the fiscal year ending June 30, 1973, as follows: Superior Court (02-03-000) Jury Costs $96,000 Court of Common PleasKent Conuty (02-04-000) Jury Costs 35,000 Court of Common PleasSussex County (02-05-000) Jury Costs 12,800 Justice of the Peace Court (02-13-000) SalariesDeputy Clerks 16,000 New Castle County Law Library (02-11-000) Capital OutlayBooks 4,200 $164,000 Section 2. This Act shall be known as a supplementary ap-propriation and the sum appropriated shall be in addition to any funds heretofore appropriated and shall be paid by the State Treasurer from General Fund monies not otherwise appropri-ated. Any such funds which remain unexpended as of June 30, 1973, shall revert to the General Fund of the State Treasury. Approved May 11, 1973. CHAPTER 43 FORMERLY HOUSE BILL NO. 228 AN ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO TRANSFER CERTAIN FUNDS. WHEREAS, the Department of Health and Social Services has insufficient general fund appropriations in certain divisions; and WHEREAS, the Department of Health and Social Services' total general fund appropriation is sufficient to cover expenses for the balance of fiscal year 1973; and WHEREAS, the authority to make certain transfers within various lines and divisions would eliminate the need of a supple-mental appropriation of $1,200,000. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The Department of Health and Social Services is hereby authorized, with the approval of the Budget Director, to transfer between all lines and divisions as needed to meet finan-cial requirements for the remainder of fiscal year 1973. This au-thority expires on June 30, 1973. Approved May 11, 1978. 79 80 CHAPTER 44 FORMERLY HOUSE BILL NO. 170 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE II OF THE DELAWARE CODE RELATING TO THE ISSUANCE OF WORTHLESS CHECKS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of the members elected to each branch thereof concurring therein): Section 1. Amend Volume 58, Laws of Delaware, Chapter 497, Section 4206 (a) by striking the period at the end thereof and adding the following: "provided, however, that the court shall require a person con-victed of issuing a worthless check under Section 900 of this Title to make restitution to the person to whom the worthless check was issued." Section 2. This Act shall take effect July 1, 1973. Approved May 14, 1973. 81 CHAPTER 45 FORMERLY HOUSE BILL NO. 210 AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO THE MARYDEL VOLUNTEER FIRE CO, INC. FOR MAINTENANCE AND OPERATIONS OF ITS RESCUE TRUCK. WHEREAS, House Substitute No. 1 for House Bill No. 766 of the 126th General Assembly made an appropriation to numerous fire companies in the amount of $1,250 each, to be used for the maintenance and operation of rescue trucks for the fiscal year beginning July 1, 1972; and WHEREAS, the Marydel Volunteer Fire Co., Inc. was in-advertently omitted from said appropriation bill; and WHEREAS, the Marydel Volunteer Fire Co., Inc. is in dire need of funds for the maintenance and operation of its rescue truck; NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware (three-fourths of the members elected to each branch thereof concurring therein): Section 1. There is appropriated to the Marydel Volunteer Fire Co., Inc. the sum of $1,250 to be used for the maintenance and operation of its rescue truck in public service. Section 2. This Act is a supplementary appropriation Act and the monies appropriated shall be paid by the State Treasurer out of any monies in the General Fund of the State of Delaware not otherwise appropriated. Approved May 14, 1978. 82 CHAPTER 46 FORMERLY SENATE BILL NO. 13 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DEL-AWARE CODE RELATING TO THE OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR DRUGS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §4176, Subchapter IX, Chapter 41, Title 21 of the Delaware Code, by striking the words "For each sub-sequent like offense" as the same appears at the beginning of the second sentence of subsection (a) of said section, and substitut-ing in lieu thereof the words "For each subsequent like offense occurring within five years from the former offense". Section 2. Amend §4176, Subchapter IX, Chapter 41, Title 21 of the Delaware Code, by deleting subsection (d) in its en-tirety. Approved May 15, 1973. 83 CHAPTER 47 FORMERLY SENATE BILL NO. 16 AS AMENDED BY SENATE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 53, PART II, TITLE 14 OF THE DELAWARE CODE RELATING TO THE ACA-DEMIC PROGRAM OF THE UNIVERSITY OF DELA-WARE AND THE REQUIRED COURSE ON DELAWARE HISTORY AND GOVERNMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §5303, Chapter 53, Part II, Title 14 of the Delaware Code, by striking §5303 in its entirety and sub-stituting a new §5303 to read as follows: § 5303. Course on Delaware History and Goverment The University shall provide an elective course on Delaware History and Government for all undergraduates; however, such a course shall be required for social studies teachers; and such course shall be offered as an in-service program for teachers coming to this State from other schools or colleges. Became law on May 15, 1973, without approval of the Gov-ernor, and in accordance with §18, Article 3, As Amended, of the Constitution of Delaware. CHAPTER 48 FORMERLY HOUSE BILL NO. 182 AN ACT TO AMEND TITLE 12, TITLE 14, TITLE 21, TITLE 24, TITLE 29 AND TITLE 31 OF THE DELAWARE CODE RELATING TO AGE OF MAJORITY IN DELAWARE; AND CHANGING THE AGE REQUIREMENTS FOR CERTAIN ACTS, RIGHTS AND PRIVILEGES PRES-ENTLY ENJOYED BY PERSONS TWENTY-ONE YEARS OF AGE AND OLDER. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §4504, Part IV, Chapter 45, Title 12 of the Delaware Code, by striking the figure "21" as it appears both times in subsection (d), and substituting the figure "18" in lieu thereof. Section 2. Amend §4507, Part IV, Chapter 45, Title 12 of the Delaware Code, by striking the figure "21" as the same ap-pears in subsection (d), and substituting the figure "18" in lieu thereof. Section 3. Amend §1912, Chapter 19, Part I, Title 14 of the Delaware Code, by striking the figure "21" as the same appears in the second sentence of the first paragraph, and substituting the figure "18" in lieu thereof. Section 4. Amend §2503, Part II, Chapter 25, Title 21 of the Delaware Code, by striking subsection (c) of said section, and substituting in lieu thereof the following: "(c) The department shall transfer a certificate of title or reg-istration certificate to any person 18 years of age or older if such person is otherwise qualified to obtain such certificate of title or registration certificate. The Department may transfer a certificate of title or regis |
| Date Digital | 2010 |
| CONTENTdm file name | 3087.cpd |
Description
| Title | Laws of the State of Delaware - Volume 59 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- SEVENTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 2, A. D. 1973 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 8, A. D. 1974 PART I VOLUME LVIX CH 99999 PRINTING CO., WILMINGTON, DCLAWARIC |
| CONTENTdm file name | 66349.pdfpage |
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