Laws of the State of Delaware - Volume 60 - Part 1 - Page 1 |
Previous | 1 of 1249 | Next |
|
small (250x250 max)
medium (500x500 max)
large ( > 500x500)
Full Resolution
All (PDF)
|
This page
All
Subset |
LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- EIGHTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1975
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1976
PART I
VOLUME LX
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 60 - Part 1 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-EIGHTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A.D. 1975 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A.D. 1976 PART I VOLUME LX LAWS OF DELAWARE CHAPTER 1 FORMERLY HOUSE BILL NO. 1 AN ACT TO AMEND CHAPTER 63, PART VI, TITLE 29 OF THE DELAWARE CODE RELATING TO THE BUDGET APPROPRIATION BILL; AND PROVIDING A DATE FOR SUBMISSION OF A PROPOSED BUDGET TO THE GENERAL ASSEMBLY. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §6335, Chapter 63, Part VI, Title 29 of the Delaware Code by striking the words "within 5 days after the organization of both Houses" as the same appear in the first paragraph of said section, and substituting the words "on or before February 1 of each year" in lieu thereof. Approved January 15, 1975. 3 4 CHAPTER 2 FORMERLY HOUSE BILL NO. 17 AN ACT TO AMEND CHAPTER 33, PART HI, TITLE 19, DELAWARE CODE, RELATING TO UNEM-PLOYMENT COMPENSATION AND PROVIDING FOR "TRIGGERING ON" AND "OFF" OF EMERGENCY EMPLOYMENT BENEFITS TO EXHAUSTEES DURING THE CURRENT ECONOMIC CRISIS. WHEREAS, inflation, unemployment and the number of workers who have exhausted their rights to Unemployment Insurance benefits is at a high level detrimental to our State's economy; and WHEREAS, the Congress of the United States has passed legislation to provide for extension of benefits to unemployed workers who have exhausted their rights to benefits under State Unemployment Insurance laws; and WHEREAS, it is essential, both to many families who are in need through no fault of their own and to the economy of our State, that relief from this condition be granted at the earliest possible moment during this period of winter hard-ship. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §3326 (a) (2), Title 19, Delaware Code, by adding at the end thereof the following new sen-tence: "Effective with respect to compensation for weeks of unemployment beginning before December 31, 1976, and beginning after December 31, 1974, there has been a National 'on' indicator beginning any extended benefit period as if the phrase 4.5 percent read 4 percent." Chapter 2 5 Section 2. Amend §3326 (a) (3), Title 19, Delaware Code, by adding at the end thereof the following new sen-tence: "Effective with respect to compensation for weeks of unemployment beginning before December 31, 1976, and beginning after December 31, 1974, there has been a National 'off indicator ending any extended benefit period as if the phrase 4.5 percent read 4 percent." Section 3. Amend §3326 (4) (A), Title 19, Delaware Code, by adding the following clause between the words "years" and "and": "shall be waived until December 31, 1976". Section 4. Amend §3326 (5) (A), Title 19, Delaware Code, by adding the following clause after the words calendar years: "shall be waived until December 31, 1976." Section 5. This Act shall become effective im-mediately. Approved January 21, 1975. 6 CHAPTER'3 FORMERLY HOUSE BILL NO. 50 AN ACT MAKING A SUPPLEMENTARY AP-PROPRIATION TO THE LEGISLATIVE COUNCIL OF DELAWARE. WHEREAS, the present rapid rate of price increases, particularly in the area of paper needs, which price has doubled over the previous year, has greatly affected the Legislative Council budget for fiscal year 1975; and WHEREAS, proper equipment is desperately needed in the House and Senate to properly perform the duties of the 128th General Assembly in the areas of typing and processing legislation; and WHEREAS, many purchases of material for use by both the House and Senate are made through Legislative Council, and purchases are necessary by the individual houses to meet the legal requirements regarding legislation; and WHEREAS, services performed by Legislative Council to the General Assembly and their constituency have con-siderably increased, thereby necessitating additional overtime functions by the Legislative Council staff; and WHEREAS, a federal ruling regarding overtime pay vs. compensatory time is now pending in the U. S. Supreme Court, and the State Personnel Commission has not yet reached an independent conclusion regarding same. NOW THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $17,036. is appropriated to the Legislative Council (01-08-001) for the balance of the fiscal year ending June 30, 1975 as follows: Chapter 3 Line 16 - Overtime Salaries $ 1,540 Line 50 - Contractual Services Legislative Council 999 House 25 Senate 216 Line 60 - Supplies & Materials Legislative Council 5,717 House 1,500 Senate 1,500 Line 70 - Capital Outlay Legislative Council 539 House 2,500 Senate 2,500 $17,036 Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Approved February 4, 1975. 8 CHAPTER 4 FORMERLY HOUSE BILL NO. 96 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 5, TITLE 28, DELAWARE CODE, RELATING TO RACING DATES AND THE STATE TAX AND LICENSEE'S COM-MISSIONS ON PARI-MUTUEL AND TOTALIZATOR POOLS AT HARNESS RACING TRACKS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §522, Chapter 5, Title 28, Delaware Code, by striking subsection (c) of said section in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The commission shall, on or before the 15th day of September of the year preceding that for which a license is desired, award all dates for harness horse racing in this State for the succeeding year; but the dates so awarded, shall not exceed 150 days in the aggregate for New Castle County, 200 days in the aggregate for Kent and Sussex Counties. The commission may in its discretion authorize any person, corporation or association licensed under this Chapter to transfer all or a portion of the racing dates awarded to such licensee under this section to the track of any other person, corporation or association licensed under this Chapter to conduct racing in this State; provided, however, each licensee in Kent County which has requested and been awarded racing dates in any calendar year shall conduct a minimum of 8 weeks of racing at the track of such licensee during said year. Each licensee upon request shall be guaranteed a minimum of 8 weeks of racing. In awarding such dates, the commission shall observe previous traditional seasons. If the harness racing dates as applied for do not conflict with each other, the commission shall award the dates applied for. If the racing dates as applied for conflict with each other, the commission shall award each of such applicants at its discretion; provided, however, that there shall be no racing between the Chapter 4 9 Saturday before and the Saturday after Christmas unless Christmas falls on Saturday or Sunday in which case there shall be no racing between Monday before Christmas and the Monday after Christmas. The action of the commission shall be final." Section 2. Amend §555, Chapter 5, Title 28, Delaware Code by redesignating subsection (b) thereof as subsection (c) and striking the letter "(a)" as the same appears in line 2 of said subsection and substituting in lieu thereof the letters"(a) or (b)". Section 3. Amend §555, Chapter 5, Title 28, Delaware Code, by striking subsection (a) thereof in its entirety and inserting in lieu thereof the following: "(a) Every person engaged in the business of conducting a harness racing meet under this Chapter shall pay as a tax to this State a percentage of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every race track licensed under this Chapter and on all races that day at such track. The percentage of such pari-mutuel and totalizator pools to be paid as such tax shall be as follows: 1 1/2% if the total daily contributions to such pools do not exceed $400,000; 3 1/2% if the total daily contributions to such pools exceed $400,000 but do not exceed $600,000; 6% if the total daily contributions to such pools exceed $600,000. The tax shall be computed daily and shall be paid by certified check on a weekly basis. Each check shall be transmitted by the licensee to the Secretary of Finance no later than Wednesday following the week for which the tax is due. (b) The tax imposed in subsection (a) shall remain in effect until March 31, 1976. Subsequent to March 31, 1976, every person engaged in the business of conducting a harness racing meet under this Chapter shall pay as a tax to this State 5 1/2% of the total contributions to all pari-mutuel and totalizator pools conducted or made on any and every racetrack licensed under this Chapter and on every race at such track, plus 1/2 of the odd cents of all redistributions to 10 Chapter 4 be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated upon the basis of each dollar wagered. If a minus pool is created, the association may break to the lowest multiple of 5. The tax shall be paid by certified check on a weekly basis and each check shall be transmitted by the licensee to the Secretary of Finance no later than Wednesday following the week for which the tax is due." Section 4. Amend §556, Chapter 5, Title 28, Delaware Code, by striking said section in its entirety and inserting in lieu thereof a new §556 to read as follows: "§556. Licensee's commissions on pari-mutuel and totalizator pools The commission shall authorize commissions pur-suant to subsection (b) of this section on pari-mutuel or totalizator pools to all licensees operating a racing meet pursuant to this Chapter. The commission shall be a portion of the total daily contributions to all pari-mutuel or totalizator pools conducted or made at the racing meet and at every race at the meet, plus the odd cents of all redistributions to be made on all pari-mutuel or totalizator pool con-tributions, exceeding the sum equal to the next lowest of ten, such odd cents to be calculated upon the basis of each dollar wagered. IF TOTAL DAILY CONTRIBU-COMMISSION TIONS TO SUCH POOLS ARE: In the event the commissions authorized by this section shall exceed 12 1/2%, one half of the excess over and above such 12 1/2% shall be distributed in purses. The commissions authorized in subsections (a) and (b) of this section shall remain in effect until March 31, 1976. Subsequent to March 31, 1976, the Commission shall authorize as commissions on pari-mutuel or totalizator pools to the licensee operating a harness racing meet, 12 1/2% of the total contributions to all pari-mutuel and 16 1/2% $1.00 to $400,000 14 1/2% $400,001 to $600,000 12% over $600,000. Chapter 4 11 totalizator pools conducted or made at the harness racing meet, and at every harness race at the meeting, plus 1/2 of the odd cents of all redistributions to be made on all pari-mutuel or totalizator pool contributions exceeding the sum equal to the next lowest multiple of ten, such odd cents to be calculated upon the basis of each dollar wagered." Approved February 4, 1975. 12 CHAPTER 5 FORMERLY SENATE BILL NO. 86 AN ACT TO AMEND CHAPTER 225, VOLUME 59, LAWS OF DELAWARE, AS AMENDED, BY EXTENDING ITS EXPIRATION DATE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 225, Volume 59, Laws of Delaware, as amended, by striking the date "January 31, 1975", as it appears in Section 4 thereof and substituting in lieu thereof the date "June 30, 1975". Approved February 5, 1975. 13 CHAPTER 6 FORMERLY HOUSE BILL NO. 22 AN ACT TO AMEND CHAPTER 65, PART IV, TITLE 11, DELAWARE CODE, RELATING TO THE RETIREMENT OF CERTAIN PERSONS WITHIN THE DIVISION OF ADULT CORRECTIONS BY DELAYING THE EFFECTIVE DATE OF SUCH AMENDED SECTIONS. WHEREAS, the 127th General Assembly amended Chapter 65, Part IV, Section 6555, Title 11, Delaware Code, being House Bill No. 706, as amended by House Amendments No. 1, 3, and 4; and WHEREAS, this bill, which appears as Chapter 532, Volume 59, Laws of Delaware, was approved by the Governor on July 26, 1974; and WHEREAS, certain questions have been raised con-cerning this bill. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Subchapter IX, Chapter 65, Part IV, Section 6555, Title 11, Delaware Code, by designating the effective date of the Act to be July 1, 1975. Approved February 5, 1975. 14 CHAPTER 7 FORMERLY SENATE BILL NO. 1 AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL INVESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONIES TO VARIOUS AGENCIES OF THE STATE. 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 agencies of this State set forth in Section 7 hereof the sum of $17,448,000 or so much thereof as may be necessary for carrying out the pur-poses of this Act, which shall be used for the purposes set forth in Section 7 of this Act. Section 2. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in Section 7 of this Act, and are to include but not be limited to design, planning, land acquisition, acquisition of utility and service areas, construction, repairing, remodeling, equipping, landscaping, and inspection costs but are not to be used for ordinary or normal maintenance expense of highways, bridges or other properties. Section 3. None of the monies appropriated by this Act shall be expended after June 30, 1977, on any of the individual projects unless such projects have progressed into any or all of the following phases prior to July 1, 1977: Initial Engineering, Planning, Procurement, Construction. Section 4. The said sum of $17,448,000 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 Chapter 7 15 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 Chapter 74, Title 29, Delaware Code, and Chapter 75, Title 29, Delaware Code, where applicable. For purposes of identification, the bonds issued pursuant to this Authorization Act may be known, styled or referred to as "Emergency Capital Improvement Bonds of 1975". Section 5. There is appropriated from the General Fund of the State such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein 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 repayment of the principal of any of the said bonds which become due during the current fiscal year. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Any monies received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund. Section 6. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act and for each subsequent fiscal year or biennium, shall contain under the Debt Service item provisions for the payment of interest and principal 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 consititutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon. Section 7. The monies appropriated herein, or so much thereof as is necessary to carry out the purposes of this Act, shall be expended by the following State agencies or their successors by project. 16 Chapter 7 (a) DEPARTMENT OF HIGHWAYS AND TRAN-SPORTATION Mass Transit $ 764,000 Bicycle Paths 250,000 Corridor Projects 4,918,000 Non-Corridor Projects 1,720,000 Engineering and Contingencies 1,250,000 Advance Engineering and Planning 680,000 Fringe Benefits - Blue Cross and Blue Shield, Pensions and FICA 1,060,000 $10,642,000 (b) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Water Pollution Control - Construction Grants $ 5,000,000 State Comprehensive Outdoor Recreation Plan 50,000 Beach Erosion Control 500,000 Total $ 5,550,000 (c) DELAWARE NATIONAL GUARD (1) Army Aviation Support Facility $ 193,000 Total $ 193,000 (e) DEPARTMENT OF HEALTH AND SOCIAL SER-VICES Tilton Building - Governor Bacon Health Center $ 900,000 HMR - Furnishing and Equipment 163,000 Total $ 1,063,000 GRAND TOTAL $17,448,000 Chapter 7 17 Section 8. The monies allocated in Section 7 of this Act for the Department of Highways and Transportation shall be expended for highway construction or related purposes, but they shall not be used for office supplies or for office equipment and furnishings. The monies authorized in Section 7 of this Act and termed Engineering and Contingencies shall be accounted for by project. No monies allocated in Section 7 shall be used to finance the rehabilitation and resurfacing of roads by the "tar-and-chip" method. Section 9. Any funds borrowed pursuant to this Act and remaining unexpended after the completion of the programs authorized by this Act and any funds borrowed pursuant to this Act and remaining unexpended because a project authorized by this Act is not timely undertaken, shall be deposited in a special account and appropriated against future capital improvement bond requirements. Section 10. No bonds or notes shall be issued or monies borrowed on behalf of this State, pursuant to this Act, after June 30, 1980, except as provided in Chapter 75, Title 29, Delaware Code. Section 11. All State departments and agencies shall submit all architectural, structural, electrical, and mechanical plans, specifications and cost estimates during the design and development phases and prior to bid to the State Architect. The State Architect shall be responsible for reviewing and approving these plans prior to bid ad-vertisement and no construction contracts (except Highway construction contracts and school district minor capital improvements) shall be executed without the prior approval of the State Architect. 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 Delaware is an equal opportunity employer. Section 13. Each State agency receiving funds by this Act must, on a semi-annual basis beginning with April 1, 18 Chapter 7 1975, report to the State Planning Office the status of every capital improvement project for which they have received funds either in this Bond Act or in any previous Bond Act or in any previous Bond Act and for which the project is not complete as of the effective date of this Act. Section 14. This Act may be known, styled or referred to as the "Emergency Capital Improvements Act of 1975". Approved February 14, 1975. 19 CHAPTER 8 FORMERLY SENATE BILL NO. 104 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT MAKING AN APPROPRIATION TO THE DIVISION OF HISTORICAL AND CULTURAL AFFAIRS TO BE USED AS MATCHING FUNDS TO ASSIST IN THE RENOVATION OR RESTORATION OF THE GRAND OPERA HOUSE TO PROVIDE DELAWARE WITH A CENTER FOR THE PER-FORMING ARTS IN CONNECTION WITH THE BICENTENNIAL CELEBRATION AND THE REBUILDING OF THE CITY OF WILMINGTON, DELAWARE. WHEREAS, the year 1976 will mark the Bicentennial of the founding of the United States of America of which the State of Delaware was the First State; and WHEREAS, in connection with the joyous and festive celebration of the Nation's Bicentennial, it is important and fitting that there be a center for the performing arts in the First State; and WHEREAS, on December 7, 1974, the Honorable Sherman W. Tribbett, Governor of the State of Delaware, declared that the "Grand Opera House will henceforth be known as The Delaware Center for the Performing Arts"; and WHEREAS, the Grand Opera House in Wilmington, Delaware, has -- even in its unrenovated condition -- demonstrated its potential for fulfilling this needed role; and WHEREAS, the Grand Opera House represents an integral part of the rebuilding of downtown Wilmington and its pedestrian mall; and WHEREAS, a Bicentennial Concert by the world famous Philadelphia Orchestra under Maestro Eugene Ormandy is planned for May, 1976, at which a Bicentennial Work by Aaron Copeland will be premiered; 20 Chapter 8 NOW, THEREFORE, . Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated and trans-ferred One Million Dollars ($1,000,000), when first available, from the Capital Investment Fund, established by Chapter 62, Title 29 of the Delaware Code, to the Division of Historical and Cultural Affairs (20-06-000) to be employed on a match-ing basis solely to assist in the renovation and restoration of the Delaware Center for the Performing Arts in connection with Delaware's Bicentennial Celebration and to complement the rebuilding of downtown Wilmington. Section 2. The appropriation made by this Act shall be employed on a dollar-for-dollar matching basis on the condition that the Grand Opera House shall certify that it has raised or has available for commitment to the project Two Million, Eight Hundred Thousand Dollars ($2,800,000) on or before May 1, 1975. Section 3. Any money appropriated herein and unexpended or unencumbered as of June 30, 1976, shall revert to the Capital Investment Fund. Approved February 15, 1975 21 CHAPTER 9 FORMERLY HOUSE BILL NO. 68 AN ACT TO AMEND SECTIONS 8903 AND 8915(a), CHAPTER 89, TITLE 29, DELAWARE CODE, RELATING TO MONIES RECEIVED FROM THE SALE OF LOTTERY TICKETS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §8903, Title 29, Delaware Code, by adding subsection (e) to the definitions as follows: "(e) 'net monies' shall mean all monies received from the sale of lottery tickets after first deducting sales agent commissions and payment of prizes under $100." Section 2. Amend §8915(a), Title 29, Delaware Code, by inserting in the first sentence between the words "and" and "placed" the following: "all net monies shall be". Section 3. Amend §8915(a), Title 29, Delaware Code, by adding at the end ofv the second sentence after the word "sold" and before the period the following: "which percentage shall include prizes already award-ed". Approved March 19, 1975. 22 CHAPTER 10 FORMERLY HOUSE BILL NO. 76 AN ACT TO PROVIDE A PENSION FOR MARTIN J. FINERTY, A FORMER STATE EMPLOYEE. WHEREAS, Martin J. Finerty served the people of the State of Delaware in an exemplary fashion as a fireman for the City of Wilmington; and WHEREAS, Martin J. Finerty has served for ten years and eleven months as an employee of the University of Delaware in continuation of his dedication to public service; and WHEREAS, Martin J. Finerty has been forced by medical reasons beyond his control to terminate his work with the University of Delaware. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 55, Title 29, Delaware Code, for the sole purpose of permitting the State of Delaware to give Martin J. Finerty a pension. The Board of Pension Trustees is hereby directed to accept the application of Martin J. Finerty for service pension benefits and to deter-mine that Martin!. Finerty is eligible for such benefits, all statutory provisions and regulations to the contrary not-withstanding. The pension benefits of Martin J. Finerty shall be based upon ten years and eleven months State service. Section 2. This Act shall be retroactive to July 1, 1974. Approved March 24, 1975. CHAPTER 11 FORMERLY HOUSE BILL NO. 13 AN ACT TO AMEND CHAPTER 91, TITLE 9, DELAWARE CODE, RELATING TO UNIFORM MILEAGE PAYMENTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §9121 of Chapter 91, Title 9, Delaware Code, by striking said section in its entirety and substitute in lieu thereof a new §9121 to read as follows: "9121. Uniform mileage payments The authorized mileage rate for officers or employees of the several counties who receive mileage from the respective County Governments shall be no more than 15 cents per mile to be determined by Levy Court or County Council." Section 2. This Act shall become effective July 1, 1975. Approved March 24, 1975. 23 24 CHAPTER 12 FORMERLY HOUSE BILL NO. 11 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND AN ACT ENTITLED: "AN ACT TO RE-INCORPORATE THE TOWN OF DELMAR" RELATING TO ORDINANCES AND THE POWER TO BORROW MONEY. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 21, Chapter 182, Volume 45, Laws of Delaware, by striking the first paragraph beginning with the words "The Council" and ending with the word "following", and substitute in lieu thereof a new paragraph which shall read as follows: "The Council may borrow money and issue bonds or certificates of indebtedness to secure the payment thereof, on the faith and credit of the Town of Delmar for the payment of current operating expenses and obligations; for the purchase, erection, extension, enlargement or repair of any plant, machinery, ap-pliances or equipment, for the supply or the manufac-ture and distribution of electricity, gas, light, heat or power purposes or the furnishing of water to the public, for the construction, repair or improvement of highways, streets or lanes, or paving, curbing or erec-tion of gutters along the same for the construction or repair of sewers, or sewage disposal equipment or to defray the cost of the share of the Town of the cost of any permanent municipal improvement; provided, however, that the borrowing of the money thereof shall be authorized by the Town Council and approv-ed in a manner hereafter designated. The borrowing of moneys for the refunding of indebtedness of the Town or for the payment of current operating ex-penses and indebtedness of the Town in an amount Chapter 12 25 not to exceed one hundred thousand dollars ($100,000.00), shall require only the approval and authorization of the Council at two regular scheduled Mayor and Council meetings, the second of which shall be held at least thirty days and not more than sixty days following the date of the first approval. All other borrowing of funds shall be in a manner and at the time following:" Section 2. Amend Section 22, Chapter 182, Volume 45, Laws of Delaware, by striking the first paragraph of Section 22 and substituting in lieu thereof the following: "The Council is hereby vested with authority to enact ordinances or resolutions relating to any subject within the powers and functions of the town, or relating to the government of the Town, its peace and order, its sanitation, beauty, the health, safety, conve-nience and comfort of its population, and the protec-tion and preservation of property, and to fix, impose and enforce the payment of fines and penalties for the violation of such ordinances or resolutions, and no provision of this subject shall be held to be restrictive of the power to enact ordinances or resolutions on any subject not specifically enumerated." Approved March 26, 1975. ..a 26 CHAPTER 13 FORMERLY HOUSE BILL NO. 122 AN ACT TO PROVIDE A SUPPLEMENTAL AP-PROPRIATION TO THE DIVISION OF MAINTENANCE AND COMMUNICATIONS, DEPARTMENT OF ADMINISTRATIVE SER-VICES, FOR OPERATIONAL COSTS THROUGH JUNE 30, 1975. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated the sum of $351,200 to the Division of Maintenance and Communica-tions, to meet operational deficiencies for the Fiscal Year ending June 30, 1975, in the following category: Contractual Services $351,200 Section 2. The sums appropriated herein shall be considered a supplementary appropriation and shall be paid by the State Treasurer from General Fund monies not otherwise appropriated. Any funds remaining unexpended as of June 30, 1975, shall revert to the General Fund of the State. Approved March 27, 1975. CHAPTER 14 FORMERLY HOUSE BILL NO. 130 AN ACT TO AMEND CHAPTER 51, TITLE 30, DELAWARE CODE, RELATING TO THE MOTOR FUEL TAX BY INCREASING THE TAX ON SPECIAL FUEL. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §5132, Title 30, Delaware Code, by striking the figure "8" as the same appears in the first sentence thereof, and substituting in lieu thereof the figure 619ff Section 2. Effective Date. This Act shall become effective on April 1, 1975. Approved March 27, 1975. 27 28 CHAPTER 15 FORMERLY HOUSE BILL NO. 131 AN ACT TO AMEND CHAPTER 19, TITLE 30, DELAWARE CODE, RELATING TO THE COR-PORATION INCOME TAX. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 1905, Title 30, Delaware Code, by striking it in its entirety and substituting in lieu thereof a new Section 1905 to read as follows: 11905. Payment of Tax. The tax imposed by this Chapter shall be payable as follows: Calendar Year Corporations. Fifty percent of the estimated tax liability for the current taxable year shall be paid with the tentative return filed on April 1 of the current taxable year, and the balance of the estimated tax shall be paid in installments as follows: 20% on the 15th day of June of the taxable year; 20% on the 15th day of September of the taxable year; and 10% on the 15th day of December of the taxable year. Fiscal Year Corporations. Fifty percent of the estimated tax liability for the current taxable year shall be paid with the tentative return filed on the first day of the fourth month of the current taxable year, and the balance of the estimated tax shall be paid in installments as follows: 20% on the 15th day of the sixth month of the taxable year; 20% on the 15th day of the ninth month of the taxable year; and 10% on the 15th day of the twelfth month of the taxable year." Section 2. Effective Date. This amendment shall apply to taxable years beginning on or after January 1, 1975. Approved March 27, 1975. CHAPTER 16 FORMERLY HOUSE BILL NO. 132 AN ACT TO AMEND CHAPTER 41, TITLE 30, DELAWARE COM., TO CHANGE THE DATE OF PAYMENT OF THE TELEPHONE AND TELEGRAPH EXCISE TAX. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subsection (b) of Section 4101, Title 30, Delaware Code is amended by striking the words "first day of July" appearing in the first sentence thereof, and by inserting in lieu thereof the words "fifteenth day of June." Section 2. Subsection (b) of Section 4102, Title 30, Delaware Code is amended by striking the words "first day of July" appearing in the first sentence thereof, and inserting in lieu thereof the words "fifteenth day of June." Approved March 27, 1975. 29 30 CHAPTER 17 FORMERLY HOUSE BILL NO. 135 AN ACT TO AMEND SECTION 1154, TITLE 30, DELAWARE CODE, TO REQUIRE MONTHLY DEPOSIT OF INCOME TAXES WITHHELD BY EMPLOYERS WHERE THE AMOUNT EXCEEDS $10.00. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Subsection (c), Section 1154, Title 30, Delaware Code, by striking the words "exceeds $200" and inserting in lieu thereof the words "exceeds $10". Section 2. Effective Date. This amendment shall apply to amounts withheld by employers on and after April 1, 1975. Approved March 27, 1975 CHAPTER 18 FORMERLY HOUSE BILL NO. 137 AN ACT TO AMEND CHAPTER 11 AND CHAPTER 19, TITLE 30, DELAWARE CODE, TO DISALLOW DEDUCTIONS FOR PERCENTAGE DEPLETION OF OIL AND GAS WELLS IN COMPUTING TAXABLE INCOME Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend subsection (a) of Section 1106, Title 30, Delaware Code by adding a new paragraph (3) to read as follows: "(3) The amount of any deduction for depletion of oil and gas wells allowed under Section 611 of the Federal Internal Revenue Code of 1954 to the extent such deduction is determined by reference to Section 613 of the Federal Internal Revenue Code (relating to percentage depletion)." Section 2. Amend Section 1144, Title 30, Delaware Code by striking the period "0" at the end of the first sen-tence and adding the following: "as modified by Section 1106 of this Chapter." Section 3. Amend Section 1903 (a), Title 30, Delaware Code, by adding a new paragraph (5) to the end thereof to read as follows: "5. Any deduction allowed for depletion of oil and gas wells under section 611 of the Federal Internal Revenue Code to the extent such deduction is determined by reference to Section 613 of the Federal Internal Revenue Code (relating to percentage depletion)." Section 4. Effective Date. This Act shall take effect on April 1, 1975. Approved March 27, 1975. 31 32 CHAPTER 19 FORMERLY HOUSE BILL NO. 155 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 5, TITLE 28, DELAWARE CODE, RELATING TO A TAX ON ANY PARIMUTUEL AND TOTALIZATOR SPECIAL POOLS OTHER THAN WIN, PLACE AND SHOW POOLS Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §555, Chapter 5, Title 28, Delaware Code, by adding thereto a new subsection (c) to read as follows: "(c) In addition to the other taxes required by this Section, every person engaged in the business of conducting a harness racing meet under this Chapter shall pay as a tax to this State two percent of the total contributions to all special pari-mutuel and totalizator pools conducted or made on each racing day on any and every race track licensed under this Chapter. Special pari-mutuel and totalizator pool means a separate wagering pool in which an interest is represented by a single wager on two or more horses, and shalt include, but not be limited to daily doubles, exactas, quinellas, perfectas, tri-perfectas, twin doubles, and big exactas." Approved March 27, 1975. CHAPTER 20 FORMERLY HOUSE BILL NO. 204 AN ACT TO AMEND CHAPTER 5, TITLE 28, DELAWARE CODE, ALSO BEING CHAPTER 4, VOLUME 60, LAWS OF DELAWARE RELATING TO PARI-MUTUEL AND TOTALIZATOR POOLS AT HARNESS RACING TRACKS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 555(a) of Chapter 5, Ti-tle 28, Delaware Code by striking said paragraph (a) in its entirety and substitute a new paragraph (a) to read as follows: "(a) Every person engaged in the business of con-ducting a harness racing meet under this Chapter shall pay as a tax to this State a percentage of the total contribu-tions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every race track licensed under this Chapter and on all races that day at such track. The percentage of such pari-mutuel and totalizator pools to be paid as such tax shall be as follows: (1) 1-1/2% if the total daily contributions to such pools do not exceed $400,000, plus 1/2 of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated upon the basis of each dollar wagered. If a minus pool is created, the association may break to the lowest multiple of 5. (2) 3-1/2% if the total daily contributions to such pools exceed $400,000 but do not exceed $600,000, plus 1/2 of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum 33 34 Chapter 20 equal to the lowest multiple of 10, such odd cents to be cal-culated upon the basis of each dollar wagered. If a minus pool is created, the association may break to the lowest multiple of 5. (3) 6% if the total daily contributions to such pools ex-ceed $600,000, plus 1/2 of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated upon the basis of each dollar wagered. If a minus pool is created, the association may break to the lowest multiple of 5. The tax shall be computed daily and shall be paid by certified check on a weekly basis. Each check shall be transmitted by the licensee to the Secretary of Finance no later than Wednesday following the week for which the tax is due." Section 2. Amend Section 556(a), Chapter 5, Title 28, Delaware Code, by striking said subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The commission shall authorize commissions pursuant to subsection (b) of this section on pari-mutuel or totalizator pools to all licensees dperating a racing meet pursuant to this Chapter. The commission shall be a portion of the total daily contributions to all pari-mutuel or totalizator pools conducted or made at the racing meet and at every race at the meet, plus 1/2 of the odd cents of all redistributions to be made on all pari-mutuel or totalizator pool contributions, exceeding the sum equal to the next lowest of ten, such odd cents to be calculated upon the basis of each dollar wagered." Section 3. This Act shall take affect immediately upon the Governor's signature. Approved March 27, 1975. 35 CHAPTER 21 FORMERLY HOUSE BILL NO. 219 AN ACT TO AMEND CHAPTERS 25, 27, AND 29 OF TITLE 30, DELAWARE CODE, RELATING TO A CHANGE IN METHOD OF PAYMENT OF QUAR-TERLY BUSINESS TAXES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend subsection (a), §2502, Title 30, Delaware Code, by striking the word "quarterly" appearing in the third sentence and inserting in lieu thereof the word "monthly". Section 2. Amend §2502(c) of Chapter 25, Title 30, Delaware Code, by striking said subsection in its entirety and substitute in lieu thereof a new subsection (c) to read as follows: "(c) In addition to the license fee required by subsection (a) and (b) of this section, every contractor shall pay a license fee of 1/2 percent of the aggregate gross receipts paid to such contractor which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in com-puting the fee due." Section 3. Amend subsection (d), §2502, Title 30, Delaware Code, by striking the word "quarterly" appearing in the first sentence and inserting in lieu thereof the word "monthly". Section 4. Amend subsection (a), §2702, Title 30, Delaware Code, by striking the word "quarterly" appearing the second sentence and inserting in lieu thereof the word "monthly". 36 Chapter 21 Section 5. Amend §2702(b) of Chapter 27, Title 30, Delaware Code, by striking said subsection (b) in its entirety and substitute in lieu thereof a new subsection (b) to read as follows: "(b) In addition to the license fee required by subsection of this section, every manufacturer shall pay a license fee of 2/10 of one percent of the aggregate gross receipts paid to such manufacturer, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 6. Amend subsection (b), §2902, Title 30, Delaware Code, by striking the word "quarterly" appearing in the second sentence and inserting in lieu thereof the word "monthly". Section 7. Amend §2902(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute in lieu thereof a new subsection to read as follows: "(c) In addition to the license fee required by subsection of this section, every wholesaler shall also pay a license fee at the rate of 1/5 of one percent of the aggregate gross receipts attributable to all goods sold by the wholesaler within this State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 8. Amend subsection (b), §2903, Title 30, Delaware Code, by striking the word "quarterly" appearing in the second sentence and inserting in lieu thereof the word "month ly. ". Chapter 21 37 Section 9. Amend §2903(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute in lieu thereof a new subsection to read as follows: "(c) In addition to the license fee required by subsection (b) of this section, every food processor shall also pay a license fee at the rate of 1/10 of one percent of the aggregate gross receipts attributable to all goods sold by the food processor within this State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 10. Amend subsection (b), §2904, Title 30, Delaware Code, by striking the word "quarterly" appearing in the second sentence and inserting in lieu thereof the word "monthly". Section 11. Amend §2904(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute in lieu thereof a new subsection to read as follows: "(c) In addition to the license fee required by subsection (b) of this section, every grain and feed dealer shall also pay a license fee at the rate of 1/20 of one percent of the aggregate gross receipts attributable to all goods sold by the grain and feed dealer within this State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 12. Amend subsection (a), §2905, Title 30, Delaware Code, by striking the word "quarterly" appearing in the second sentence and inserting in lieu thereof the word "monthly". 38 Chapter 21 Section 13. Amend subsection (b), §2905, Title 30, Delaware Code, by striking it in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) In addition to the license fee required by subsection (a) of this section, every retailer shall pay an annual license fee at the rate of four-fifths of one percent of the aggregate purchase price attributable to all goods purchased for sale within this State which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate purchase price attributable to all goods purchased for sale within this State for the immediately preceding month. The aggregate purchase price attributable to all goods purchased upon which the license fee is computed shall be reduced by $6,666 each month. The $6,666 reduction is not to be accumulated but is applicable for each monthly in-stallment due. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 14. Subsection (c) and (d), §2905, Title 30, Delaware Code, relating to method of payment and forms, are hereby repealed. Section 15. Amend §2906(b) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute a new subsection to read as follows: "(b) AU persons defined in subsection (a) of this section desiring to engage in business in this State shall obtain a license upon making application to the Division of Revenue and paying a fee of $30 for each place of business. If monthly payments thereafter are made in accordance with sub-section( c) of this section, such license shall be valid until the first day of July at which time it may be renewed for a full year and every year thereafter provided that the restaurant retailer makes application therefor and payment of $30 for each place of business plus the fee required by subsection (c) of this section." Section 16. Amend §2906(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute a new subsection (c) to read as follows: Chapter 21 39 "(c) In addition to the license fee required by subsection (b) of this section every restaurant retailer shall pay a license fee at the rate of 1/10 of one percent of the aggregate gross receipts attributable to all goods sol d within the State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts of the immediately preceding month period. In computing the fee due on the aggregate gross receipts for any month, there shall be allowed a deducation of $4,166. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 17. Amend subsection (b), §2907, Title 30, Delaware Code, by striking the word "quarterly" appearing in the second sentence and inserting in lieu thereof the word "monthly". Section 18. Amend §2907(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute a new subsection to read as follows: "(c) In addition to the license fee required by subsection (b) of this section, every farm machinery retailer shall also pay a license fee at the rate of 1/20 of one percent of the aggregati; gross receipts attributable to all goods sold by the farm machinery retailer within this State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 19. Subsections (d) and (e), §2906, Chapter 29, Title 30, Delaware Code, relating to method of payment and forms, are hereby repealed. Section 20. This Act shall take effect on April 1, 1975. Approved March 27, 1975. 3:45 p.m. 40 CHAPTER 22 FORMERLY HOUSE BILL NO. 220 AN ACT TO AMEND CHAPTER 27 OF TITLE 30, DELAWARE CODE, RELATING TO A REVISION OF MANUFACTURERS' LICENSE RE-QUIREMENTS AND TAXES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §2702(a) of Chapter 27, Title 30, Delaware Code, by striking said subsection (a) in its entirety and substitute a new subsection (a) to read as follows: Any person desiring to engage in business in this State as a manufacturer shall obtain a license upon making application to the Division of Revenue and paying a fee of $50 for each place of business. Such license shall be valid until the first of January at which time it may be renewed for a full year and every year thereafter provided that the manufacturer makes application therefor and payment of $50 for each place of business, plus the license fee required by subsection (b) of this section." Section 2. Amend §2702(b) cif Chapter 27, Title 30, Delaware Code, by striking said subsection (b) in its en-tirety and substitute in lieu thereof a new subsection (b) to read as follows: In addition to the license fee required by subsec-tion (a) of this section, every manufacturer shall pay a license fee of 3/10 of one percent of the aggregate gross receipts paid to such manufacturer, which fee shall be pay-able monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Chapter 22 41 Section 3. Subsection (c) of §2702, Chapter 27, Title 30, Delaware Code, is hereby repealed. Section 4. To implement the change in expiration date on licenses as set forth in Section 1 of this Act, all licensees shall pay one-half of the license fee as set forth in Section 1 of this Act on or before July 1, 1975 which will extend those licenses to December 31, 1975. Section 5. This Act shall take effect on April 1, 1975. Approved March 27, 1975. 4:30 p.m. 42 CHAPTER 23 FORMERLY HOUSE BILL NO. 221 AN ACT TO AMEND CHAPTER 29 OF TITLE 30, DELAWARE CODE, RELATING TO A REVISION OF FOOD PROCESSOR, GRAIN AND FEED DEALER AND FARM MACHINERY RETAILER LICENSE REQUIREMENTS, LICENSE FEES AND AD-DITIONAL FEE ON AGGREGATE GROSS RECEIPTS. Be it enacted by the General Assembly of the State of Delaware. Section 1. Amend §2903(b) of Chapter 29, Title 30, Delaware Code, by striking said subsection (b) in its entirety and substitute a new subsection to read as follows: All persons defined in subsection (a) of this section desiring to engage in business in this State shall obtain a license upon making application to the Department of Finance and paying a fee of $50 for each place of business. Such license shall be valid until the first day of January at which time it may be renewed for a full year and every year thereafter provided that the food processor pays the fees required by subsection (c) of this section, makes application therefor and payment of $50 for each place of business." Section 2. Amend §2903(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute a new subsection to read as follows: In addition to the license fee required by subsection (b) of this section, every food processor shall also pay a license fee at the rate of 3/20 of one percent of the aggregate gross receipts attributable to all goods sold by the food processor within this state, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Chapter 23 43 Section 3. Amend §2904(b) of Chapter 29, Title 30, Delaware Code, by striking said subsection (b) in its entirety and substitute a new subsection to read as follows: All persons defined in subsection (a) of this section desiring to engage in business in this State shall obtain a license upon making application to the Department of Finance and paying a fee of $50 for each place of business. Such license shall be valid until the first day of January at which time it may be renewed for a full year and every year thereafter provided that the grain and feed dealer pays the fees required by subsection (c) of this section, makes ap-plication therefor and payment of $50 for each place of business." Section 4. Amend §2904(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute a new subsection to read as follows: In addition to the license fee required by subsection (b) of this section, every grain and feed dealer shall also pay a license fee at the rate of 1/15 of one percent of the aggregate gross receipts attributable to all goods sold by the grain and feed dealer within this State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 5. Amend §2907(b) of Chapter 29, Title 30, Delaware Code, by striking said subsection (b) in its entirety and substitute a new subsection to read as follows: "(b) All persons defined in subsection (a) of this section desiring to engage in business in this State shall obtain a license upon making application to the Department of Finance and paying a fee of $50 for each place of business. Such license shall be valid until the first day of January at which time it may be renewed for a full year and every year thereafter provided that the farm machinery retailer pays the 44 Chapter 23 fees required by subsection (c) of this section, makes ap-plication therefor and payment Of $50 for each place of business." Section 6. Amend §2907(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute a new subsection to read as follows: "(c) In addition the license fee required by subsection (b) of this section, every farm machinery retailer shall also pay a license fee at the rate of 1/15 of one percent of the aggregate gross receipts attributable to all goods sold by the farm machinery retailer within this State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 7. To implement the change in expiration date on licenses as set forth in Sections 1 and 3 of the Act, all licensees shall pay one-half of the license fees as set forth in Sections 1 and 3 of this Act on or before July 1, 1975, which will extend those licenses to December 31, 1975. Section 8. This Act shall take effect on April 1, 1975. Approved March 27, 1975. 4:30 p.m. CHAPTER 24 FORMERLY HOUSE BILL NO. 222 AS AMENDED BY HOUSE AMENDMENTS NO. 2 AND 3 AN ACT TO AMEND CHAPTERS 21, 23, 25 AND 29 OF TITLE 30, DELAWARE CODE, RELATING TO A GENERAL REVISION OF OCCUPATIONAL AND BUSINESS LICENSES AND TAXES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §2301(a) of Chapter 23, Title 30, Delaware Code, by striking said subsection (a) in its entirety and substitute a new subsection (a) to read as follows: "(a) Persons engaged in the occupations listed and defined in this section shall pay annual license taxes at the rates specified below for each place of business. Advertising Agency, $50. 'Advertising agency' in-cludes every person engaged in the business of displaying advertising matter by billboards, posters or circulars, signs or window display or of undertaking the writing or composition of advertisements for other persons on a commission, rental or flat fee basis. Amusement conductor, $50. 'Amusement conductor' includes every person engaged in the business of conducting or maintaining or furnishing on a commission or other basis mechanical devices for entertainment of the general public, for which a charge is made for the use thereof, provided further that an owner of certain of such mechanical devices operated automatically by insertion of a coin or token shall pay an additional license fee for the business as defined and at the rates prescribed as follows: 'Amusement machine owner' embracing every person engaged in the business of owning and operating either on his own account or by his agent or by lease to another from such 45 46 Chapter 24 person or his agent certain of the mechanical devices referred to in this section for furnishing to the public music by the playing of records or transcriptions or which constitute a game or other device designed for public amusement, a fee for a license at the rate of $75 for each machine so owned and operated, provided the coin or token necessary to operate such machine is worth 5 cents or more. Amusement park operator, $50. 'Amusement park operator' includes every person engaged in the business of exhibiting in an open area, park or other open space any 2 or more public amusements such as rides, demonstrations or sideshows or any theatrical performance or musical presentation but not including the conducting or exhibiting of a circus or carnival. Architect, $50. 'Architect' includes every person engaged in the business of designing, planning and technically supervising the construction of any building, edifice or other structural unit. Art school, $50. 'Art school' includes every person engaged in the business of teaching fine arts or the art whose aim is beauty rather than utility, though not necessarily to the exclusion of utility where the two can be obtained. Attorney-at-law, $50. 'Attorney-at-law' includes every individual duly admitted to the bar of any court of this State and engaged in the active practice of such profession, whether self-employed or a member or employee of a law firm or private corporation. Auctioneer, $50. 'Auctioneer' includes every person engaged in the business of crying sales of real or personal property on behalf of other persons for profit, except as otherwise provided by the provisions of this Chapter. Any auctioneer not a citizen of this State shall be required to pay $150 for each county in which he acts as auctioneer. No auctioneer shall be authorized by virtue of license granted to employ any other person to act as auctioneer in his behalf, except in his own store or warehouse or in his presence, nor Chapter 24 47 shall the term 'auctioneer' apply or extend to judicial or executive officer making sales in pursuance of any execution, judgment or decree of any court nor to public sales made by executors or administrators. Automobile race operator, $50. 'Automobile race operator' includes every person in the business of conducting motor vehicle races for profit, including competition involving all recognized classes of stock, modified or sports car, midget racers, drag racers and every type of motor vehicle in any form of race, competition or time trial; for purposes of this license, motorcycle races shall be included. Barber, $50. 'Barber' includes every person operating a business of shaving the beard and cutting, trimming, washing, waving or otherwise dressing the hair of human beings. Barber school, $50. 'Barber school' includes every person engaged in the business of teaching, for a con-sideration, the art of shaving the beard and cutting, trim-ming, washing, waving or otherwise dressing the hair of human beings. Beautician, $50. 'Beautician' includes any person operating a business of doing work which is generally and usually performed by so-called hairdressers, cosmetologists, cosmeticians, beauticians or beauty culturists and however denominated in so-called hairdressing and beauty shops, which work is for the embellishment, cleanliness and beautification of women. Beauty school or school of cosmetology, $50. 'Beauty school or school of cosmetology' includes every person engaged in operating a place or part thereof wherein or whereupon cosmetology or any of its practices are taught, whether such place or establishment is known or designated as a cosmetician, cosmetological or beauty culture school or establishment or by any other name or designation indicating that cosmetology is taught therein to students. 48 Chapter 24 Bowling alley operator, $50. 'Bowling alley operator' includes every person in the business of operating public facilities for the sport of bowling. Broadcasting station, $50. 'Broadcasting station' includes every person engaged in the business of transmitting radio or television communications over assigned frequency and wave lengths and subject to the jurisdiction of the Federal Communications Commission. Broker, $50. 'Broker' includes every person operating a business of buying and selling for the account of other persons for a commission or for profit, stocks, bonds, currency, negotiable paper, securities and any other in-tangible personal property. Car wash, $50. 'Car wash' includes every person operating a continuing business of cleaning, washing or waxing motor vehicles for profit and not for charitable or educational purposes. Certified public accountant, $50. 'Certified public accountant' includes every person qualified and registered under the laws of the State to practice as a certified public accountant and engaged in the active practice of such profession. Cesspool cleaner, $50. 'Cesspool cleaner' includes every person engaged in the business of cleaning cesspools for profit or reward. Chiropodist, $50. 'Chiropodist' includes every person engaged in the practice of caring for the feet of human beings. Chiropractor, $50. 'Chiropractor' includes every person engaged in the practice of treating human ailments by means of muscular or bone manipulation. Circus exhibitor, $500. 'Circus exhibitor' includes every person engaged in the business of exhibiting in a tent, Chapter 24 49 arena or other open space feats of horsemanship, acrobatic stunts, freaks, trained or wild animals and other forms of entertainment commonly known as circus. This paragraph shall not be construed to include any circus or carnival for private profit sponsored by or in which any fire company of the State or any fraternal, veteran's or religious organization shall share in the profits. The license fee for such circus or carnival shall be $200. Dancing school, $50. 'Dancing school' includes every person engaged in the business of using any room, place or space for the purpose of holding classes in dancing and where instruction in dancing is given for hire. Dentist, $50. 'Dentist' includes every person qualified under the laws of the State to practice dentistry and engaged in active practice of such profession. Distributor, $50. 'Distributor' includes every person engaged in the business of distributing samples, handbills or posters for compensation or on commission. Drayman or mover, $50. Drayman or mover' in-cludes every person operating a business of transporting for profit tangible personal property of other persons. Employment agent, $50. 'Employment agent' in-cludes every person operating, for profit, a business of hiring laborers or securing positions for other persons to be em-ployed within the limits of the State. Entertainment agent, $50. 'Entertainment agent' includes every person engaged in or holding himself out to do the business of collecting fees or commissions or other payments for himself or another or others for the exercise by another of the privileges of furnishing musical entertainment for the general public. Finance or small loan agency, $300. 'Finance or small loan agency' includes every person engaged in the business of lending money, with or without security, to other 50 Chapter 24 persons, with repayments of the loans to be made by in-stallments or otherwise but shall not include, either in reference to future or past transactions, banks or trust companies authorized to do banking business in this State under the provision of Title 5. Floor show operator, $50. 'Floor show operator' includes every person engaged in the business of conducting or maintaining or exhibiting in his place of business en-tertainment of the type commonly known as a floor show by one or more entertainers, paid or otherwise, including members of an orchestra furnishing entertainment by song or other means, excepting the playing of instruments as members of such orchestra, provided further that conduct of the business of floor show operator as defined herein shall not render the person liable for a license as a showman under this section. General repairman, $50. 'General repairman' in-cludes every person operating a business of repairing, reconditioning or otherwise restoring to useful service per-sonal property of every kind and description not otherwise provided for under this section. Health spa or health club, $50. 'Health spa' or 'health club' includes every person engaged in the business of operating private health, weight control of physical culture facilities designed to establish and maintain the optimum weight or physical conditioning of other persons. Hotel, $15 for each room and $20 for each suite. 'Hotel' includes every person engaged in the business of operating a place where the public may, for a consideration, obtain sleeping accommodations and meals and which, in an incorporated town, has at least 10, and in any other place at least 6 permanent bedrooms for the use of guests. Income tax consultant, $50. 'Income tax consultant' includes every person not licensed as an attorney or ac-countant under this section engaged in the business of providing federal or state income tax assistance to other persons for a fee. Chapter 24 51 Incorporator, $50. 'Incorporator' includes every person operating a business of procuring corporate charters or acting as resident, registration or transfer agent of domestic corporations, except attorneys-at-law having a license to practice such profession in this State. Junk dealer, $50. 'Junk dealer' includes every person engaged in the business of buying and selling old iron, brass, lead, copper or other metals, or combinations thereof, paper, old automobile tires, secondhand personal property of any kind or description whatever, commonly known as junk, and who is not a salvage yard operator as defined in this section. Laundry operator, $50. 'Laundry operator' includes every person engaged in the business of operating a laundry and/or of securing goods or fabrics to be so laundered, whether the actual work of laundering such goods or fabrics is done within or without the State. Linen supplier, $50. 'Linen supplier' includes every person actively engaged in or holding himself out to do the business of supplying, furnishing or making available coats, caps, aprons, uniforms, towels, dresses, diapers, industrial wipers, smocks, linen or other like articles and laundering and otherwise renewing such supplies for profit. Manicurist, $50. 'Manicurist' includes every person operating a business of caring for the appearance of hands. Manufacturer's agent or representative, $50. 'Manufacturer's agent' or 'representative' includes every independent contractor in the business of representing 1 or more manufacturers for purposes of promoting the sale of the goods, product or line of goods or products of such manufacturer or manufacturers within the State. Mercantile agency or collection agency, $50. 'Mercantile agency' or 'collection agency' includes every person operating a business of investigation of financial ratings and credit and/or the collection of commercial ac-counts for other persons, except attorneys-at-law having a license to practice such profession in this State. 52 Chapter 24 Modeling or charm school, $50. 'Modeling or charm school' includes every person engaged in the business of teaching or who holds himself out as capable of teaching, modeling, charm, poise or personal appearance to other persons of either sex. It includes courses in public speaking conducted for profit. Motel, $15 for each room. 'Motel' includes every person engaged in the business of furnishing for a con-sideration, transient guests with sleeping accommodations, private bath and toilet facilities, linen service and a place to park an automobile and who is not in the business of operating a hotel or tourist home as defined in this section. Motion picture theater, $50. 'Motion picture theater' includes every person engaged in the business of displaying motion pictures for public entertainment, regardless of the physical location of the projection facilities, and shall include drive-in theaters. Motor vehicle serviceman, $50. 'Motor vehicle serviceman' includes every person operating a business of repairing, rebuilding, repainting or otherwise reconditioning motor vehicles or their parts. Music school, $50. 'Music school' includes every person operating a business of teaching music to 20 or more pupils for a consideration. It includes the teaching of musical composition as well as the instruction in the use of musical instruments. Nursing, rest or convalescent home (private), $50. 'Nursing, rest or convalescent home (private)' includes every person engaged in the business of operating any institution, building or agency in which accommodation is maintained, furnished or offered for any fee, gift, compensation or reward for the care of aged, infirm, chronically ill or convalescent persons. Optometrist, $50. 'Optometrist' includes every person qualified under the laws of the State to practice op-tometry and engaged in active practice of such profession. Chapter 24 53 Osteopath, $50. 'Osteopath' includes every person qualified under the laws of the State to practice osteopathy and engaged in active practice of such profession. Outdoor musical festival promoter, $500. 'Outdoor musical festival promoter' includes every person engaged in the business of organizing, operating, producing or staging musical entertainment in open spaces and not in a permanent structure for a gathering of 1,000 or more persons who pay a consideration or admission charge to view or hear such musical entertainment. Parking lot or garage operator, $50 for the first lot or garage facility and $25 for each additional facility. Parking lot or garage operator' includes every person engaged in the business of operating any motor vehicle parking facility, whether open or enclosed, with space for 10 or more vehicles. Pawnbroker, $50. 'Pawnbroker' includes every person operating a business of lending money on pledge of tangible personal property or purchasing the same on con-dition of returning it to the seller at a stipulated price and of selling the property in default of the pawner. Pharmacist, $50. 'Pharmacist' includes every person qualified under the laws of the State to practice pharmacy and engaged in active practice of such profession. Photographer, $50. Photographer' includes every person operating a business of taking, making and/or developing photographs or pictures by action of light for profit or reward. Transient photographers without a regular and established place of business within the State shall pay an additional license tax of $25 for each day of operation within the State. Physical therapist, $50. 'Physical therapist' includes every person operating a business of practicing physical therapy as defined in Chapter 26 of Title 24. 54 Chapter 24 Physician and/or surgeon, $50. 'Physician' and/or 'surgeon' includes every person qualified under the laws of the State to practice medicine and surgery and engaged in active practice of such profession. Plant nursery and florist, $50. 'Plant nursery and florist' includes every person in the business of operating a place where trees, shrubs, plants, flowers and the like are cultivated, grown or propagated from seed or otherwise for transplanting, for use as stock, for grafting and for sale. Persons purchasing trees, shrubs, plants, flowers and the like for resale are subject to the appropriate license fee in this part. Pool table operator, $50. 'Pool table operator' in-cludes every person operating a business of maintaining pool or billiard tables for public use. Private detective agency, $50. 'Private detective agency' includes every person engaged in the business of practicing as a private detective as defined in Chapter 13 of Title 24, provided nothing in this section shall be construed to include any person exclusively employed as a guard, watch-man or private patrolman. Professional engineer, $50. 'Professional engineer' includes every person qualified under the laws of the State to practice professional engineering and engaged in active practice of such profession. Psychologist, $50. 'Psychologist' includes every person qualified under the laws of the State to practice psychology and engaged in active practice of such profession. Public accountant, $50. 'Public accountant' in-cludes every person actively operating a business of general public accounting who is not qualified and registered under the laws of the State to practice as a certified public ac-countant. Chapter 24 55 Public bath keeper, $50. 'Public bath keeper' in-cludes every person operating a business of maintaining or operating for the use of the general public for profit, an establishment for baths of any kind or description. Public stenographer, $50. 'Public stenographer' includes every person operating a business, whether full time or part time, of providing stenographic services to the general public. Purchase order system operator, $50. 'Purchase order system operator' includes every person engaged in or holding himself out to do the business of selling orders for or furnishing or guaranteeing the credit on the account of any person for the purchase of goods, wares or merchandise at any store or other establishment for the profit of such ope-rator and shall include factors engaged in such activities but shall not include persons engaged in a business otherwise defined in this subsection as a finance or small loan agency nor any bank, savings bank or other like financial institu-tions. Real estate broker, $50. 'Real estate broker' in-cludes every person certified as such by the Delaware Real Estate Commission and engaged in the real estate business. It includes those among such persons who deal exclusively or partly with rental property. Real estate salesman, $50. 'Real estate salesman' includes every person certified as such by the Delaware Real Estate Commission and engaged in the real estate business. It includes those among such persons who deal exclusively or partly with rental property. Sales representative, $50. 'Sales representative' includes every person who works in excess of 80 hours in any calendar month in the year selling goods or merchandise door to door. It includes soliciting orders and home demon-strations. 56 Chapter 24 Salvage yard operator, $50. 'Salvage yard operator' includes every person in the business of operating a junk yard, salvage yard, automobile graveyard or similar business dealing primarily with scrap metal, salvage materials, junk motor vehicles and other such used or abandoned personal property. Scientific laboratory, $50. 'Scientific laboratory' includes every person who operates as a private business for a profit a scientific or medical laboratory offering testing, research, analytical and other such technical services to the public. Self-service laundry or dry cleaner, $50. 'Self-service laundry or dry cleaner' includes every person engaged in the business of operating a laundry or dry cleaning establishment where the objects to be cleaned may be, and frequently are, placed in and removed from the laundering and/or drying machines or other machines by the customers, whether or not such machines are operated by deposit of coins and whether or not an attendant is available to assist the customers in the operation of the machines. A person operating a self-service laundry shall not be regarded as a laundry operator within the meaning of this section unless such person also operates laundry services which do not fall within the above definition of a self-service laundry or dry cleaner. Showman, $250. 'Showman' includes every person engaged in the business of conducting or operating for profit a public theatre, house or other enclosed place for the exhibition of stage shows or musical presentations, animal shows, carnivals for private profit and all other amusements of like character. Taxicab or bus operator, $30, for the first motor vehicle; $20, for each additional motor vehicle. 'Taxicab or bus operator' includes every person engaged in the business of the operation of motor vehicles in transporting persons for hire in the accommodation of the general public. This tax shall not apply, however, in the operation of school buses used solely in the transportation of children to and from kin- Chapter 24 57 dergarten, grade school, vocational school and high school. Taxidermist, $50. 'Taxidermist' includes every person who prepares, stuffs or mounts for hire, the skins of birds, quadrupeds, fish or other animals. Television repairman, $50. 'Television repairman' includes every person operating a business of installing, adjusting, repairing or reconditioning television receivers. Telephone answering service, $50. 'Telephone answering service' includes every person operating a business of providing private operators or automatic equipment for answering private or business telephones in order to take the messages from and/or provide information to callers on the lines thereby served. Textile renovator, $50. 'Textile renovator' includes every person operating a business, other than in a private capacity, of pressing, cleaning, washing, scouring, bleaching, dyeing or otherwise reconditioning and/or accepting for reconditioning any article of clothing or of any woven or knitted fabric of every form and nature, whether the actual reconditioning is done within or without the State. Tourist home, $10 for each room. "Tourist home' includes every person who operates a place where tourists or transient guests, for a consideration, may obtain sleeping accommodations and which has at least 5 permanent bedrooms for the use of tourists or transient guests and who is not in the hotel or motel business as defined in this section. Trailer park, $7 for each space as specified on a plot plan or as designated by the owner. 'Trailer Park', which may also be identified as a Mobile Home Park, Recreational Vehicle Park, or a Tenting Recreation Park, includes any person engaged in the business of operating any place where space is furnished for units to park and hook up to or use sanitary and/or electrical facilities. Transportation agent, $50. 'Transportation agent' includes every person operating a business of selling tickets on 58 Chapter 24 behalf of other persons, for transportation by common carriers on a commission basis or for profit. Airline tickets sales office, $50. 'Airline ticket sales office' includes every person who operates an office engaged in the business of selling tickets for the transportation of passengers on his own airliner. Travel agency, $150. 'Travel agency' includes every person in the business of operating a full service travel bureau or department which assists in the planning and acquisition of tickets for contemplated trips of its customers by land, sea or air and for related accommodations. Tree surgeon, $50. 'Tree surgeon' includes every person skilled in the science of tree care who presents himself to the public for compensation as a practicing tree expert, whether he terms himself tree expert, arborist, tree specialist, tree surgeon, et cetera. Undertaker, $50. 'Undertaker' includes every person engaged in the business and qualified under the law of the State to be so engaged as undertakers and in active conduct thereof. Veterinarian, $50. 'Veterinarian' includes every person qualified under the laws of the State to practice veterinary medicine and engaged in active practice of such profession. Warehouseman, $50. 'Warehouseman' includes every person operating a business of public storage of tangible personal property, including all services in connection therewith. Wholesale news agency, $50. 'Wholesale news agency' includes every person engaged in the business of conducting a wholesale news agency, except any such person who is licensed as a merchant under Chapter29 of this Title.- Section 2. Amend §2301(b) of Chapter 23. Title 30. Chapter 24 59 Delaware Code, by striking said subsection (b) in its entirety and substitute a new subsection (b) to read as follows: "(b) Upon every person engaging or continuing to engage in any service industry, business, calling or profession not otherwise specifically licensed and taxed under subsection (a) of this section, there is hereby levied and there shall be collected an annual general service license fee of $50." Section 3. §2301, Chapter 23, Title 30, Delaware Code, is amended by redesignating subsections (d), (e), (f), (g), (h), (i) and (j) as subsections (g), (h), (i), (j), (k), (1) and (m) and inserting new subsections (d), (e) and (f) as follows: "(d) In addition to the license fee required by subsection (a) and (b) of this section, every person shall pay an annual license fee payable in quarterly installments on or before the 20th day of each of the months of April, July, October and January of each year at the rate of 3/10 of one percent of the aggregate gross receipts paid to such person during the last preceding three month period ending on the last date of the months of March, June, September and December. The quarterly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing this fee due. (e) For purposes of subsection (d), gross receipts is defined as total consideration received by a licensee for goods sold, services rendered or other income producing transaction within this State. Any licensee functioning in an 'employee' relationship as defined in the Federal Insurance Contribution Act is exempt from the additional license fee imposed by subsection (d) of this Chapter. Gross receipts for paragraphs (1), (7), (15) and (65) of subsection (a) of this Chapter shall consist of commissions and fees earned. For licenses covered under subsection (b) of this Chapter, any exception from the gross receipts definition as set forth herein is subject to the rules and regulations as promulgated by the Secretary of Finance. co Paragraphs (21), (28), (32), (42), (49), (66), (67), (71), 60 Chapter 24 (72), (77), (78), (79), and (81) of subsection (a) of this Chapter shall be exempt from the additional license fee imposed by subsection (d) of this Chapter." Section 4. Amend §2301, Chapter 23, Title 30, Delaware Code, by adding thereto a new subsection (n) to read as follows: "(n) Banks, holding companies, insurance companies, including general agents, agents, brokers and employees licensed under Title 18, Delaware Code, pension plans and/or profit sharing plans whether or not regulated under §401 of the Internal Revenue Code of 1954, as amended, public utilities as defined in Chapter 1 of Title 26 or Chapter 15 of Title 2, Delaware Code, public utility holding companies regulated under the Public Utility Holding Company Act of 1935, savings and loan associations or building and loan associations licensed under Chapter 17 of Title 5, Delaware Code, and similar or related financial institutions licensed or otherwise regulated under the provisions of the Delaware Law or the United States Code are exempt from payment of fees as set forth in subsections (b) and (d) of this section." Section 5. Amend §2502(a) of Chapter 25, Title 30, Delaware Code, by striking said subsection (a) in its entirety and substitute a new subsection to read as follows: "(a) Any resident person desiring to engage in business in this State as a contractor shall obtain a license upon making application to the Division of Revenue and paying a fee of $50. This license must be obtained and proof of license compliance must be made prior to, or in conjunction with, the execution of a contract to such person. Such license shall be valid until the first day of January at which time it may be renewed for a full year and every year thereafter provided that the contractor makes application therefor and payment of $50 plus the license fee required in subsection (c) of this Section." Section 6. Subsection (d) §2502, Chapter 25, Title 30, Delaware Code is hereby repealed. Chapter 24 61 Section 7. Amend §2905 (a) of Chapter 29, Title 30, Delaware Code, by striking said subsection (a) in its entirety and substitute in lieu thereof a new subsection (a) to read as follows: Any person desiring to engage in business in this State as a retailer shall obtain a license upon making ap-plication to the Division of Revenue and paying a fee of $50, plus a fee of $10 for each separate branch or business location. If the monthly payments thereafter are made in accordance with subsection (b) of this section, such license shall be valid until the first day of January at which time it may be renewed for a full year and every year thereafter provided that the retailer makes application therefor and payment of $50 plus $10 for each separate branch or business location." Section 8. Amend §2905(b) of Chapter 29, Title 30, Delaware Code, by striking said subsection (b) in its entirety and substitute in lieu thereof a new subsection (b) to read as follows: In addition to the license fee required by subsection (a) of this section, every retailer shall pay a license fee at the rate of 55/100 of one percent of the aggregate gross receipts attributable to all goods sold or services rendered by the retailer within the State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. In computing the fee due on such aggregate gross receipts for each month, there shall be allowed a deduction of $10,000. For purposes of this subsection, all branches or entities comprising an enterprise with common ownership or common direction and control shall be treated as one, and shall be allowed only one monthly deduction from the aggregate gross receipts of the entire enterprise. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in com-puting the fee due." Section 9. Amend Section 2905, Chapter 29, Title 30, 62 Chapter 24 Delaware Code, by adding thereto a new subsection (c) to read as follows: "(c) Every retailer subject to the provisions of subsection (b) of this Section shall be allowed a credit for any license fee due or paid on the aggregate purchase price attributable to all goods purchased prior to April 1, 1975 against any license fee due or payable on the aggregate gross receipts attributable to goods purchased prior to April 1, 1975 and sold by the Retailer after the effective date of this Act. Section 10. Amend §2906(b) of Chapter 29, Title 30, Delaware Code, by striking said subsection (b) in its entirety and substitute a new subsection (b) to read as follows: "(b) All persons defined in subsection (a) of this section desiring to engage in business in this State shall obtain a license upon making application to the Division of Revenue and paying a fee of $50 plus $10 for each separate branch or location. If monthly payments thereafter are made in ac-cordance with subsection (c) of this section, such license shall be valid until the first day of January at which time it may be renewed for a full year and every year thereafter provided that the restaurant retailer makes application therefor and payment of $50 plus $10 for each separate branch or location." Section 11. Amend §2906(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entirety and substitute a new subsection (c) to read as follows: "(c) In addition to the license fee required by subsection (b) of this section every restaurant retailer shall pay a license fee at the rate of 5/10 of one percent of the aggregate gross receipts attributable to all goods sold within the State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts of the immediately preceding month period. In computing the fee due on the aggregate gross receipts for any month, there shall be allowed a deduction of $5,000. For purposes of this sub-section, all branches or entities comprising an enterprise with Chapter 24 63 common ownership or common direction and control shall be treated as one, and shall be allowed only one monthly deduction from the aggregate gross receipts of the entire enterprise. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." Section 12. Subsection (f) of §2908, Chapter 29, Title 30, Delaware Code, is hereby repealed. Section 13. §2901, Chapter 29, Title 30, Delaware Code, relating to definitions is amended by redesignating paragraph (1) as subsection (a). Section 14. §2901, Chapter 29, Title 30, Delaware Code, is amended by striking in its entirety paragraph (2) and inserting a new subsection (b) to read as follows: "(b) 'Gross receipts' includes total consideration received by a wholesaler or retailer for all goods sold or services rendered within this State." Section 15. §2901, Chapter 29, Title 30, Delaware Code, is amended by striking in its entirety paragraph (4) relating to purchase price. Section 16. §2901, Chapter 29, Title 30, Delaware Code, is amended by redesignating paragraph (3) as sub-section (c) and redesignating paragraph (5) as subsection (d). Section 17. §2901, Chapter 29, Title 30, Delaware Code is amended by redesignating paragraph (6) as sub-section (e) and by redesignating subparagraphs A, B, C, and D as paragraphs (1), (2), (3) and (4). Section 18. Amend §2120, Chapter 21, Title 30, Delaware Code, by striking the period at the end thereof, substituting a comma and adding the following: "unless otherwise expressly provided in this Part." Section 19. Amend §2906, Chapter 29, Title 30, 64 Chapter 34 Delaware Code, by striking said subsection (e) in its entirety. Section 20. Amend §2102, Chapter 21, Title 30, Delaware Code, by striking said section in its entirety and substitute a new section to read as follows: "All State licenses with the exception of liquor, automobile, motorcycle, operator's, stallion or jackass, circus, deadly weapons, oyster of clam, and marriage licenses shall expire annually upon the last day of December next suc-ceeding the date of issue, unless otherwise provided by law." Section 21. To implement the change in expiration date on licenses as set forth in Sections 5, 9 and 20 of this Act, all licensees are required to pay one-half of the respective license fees as set forth in Sections 1, 5, 7 and 9 of this Act on or before July 1, 1975 which will extend those licenses to December 31, 1975. Section 22. Amend §2301 of Chapter 23, Title 30, Delaware Code, by adding thereto a new subsection "o" to read as follows: "(o) Non-profit organizations exempted from Federal Income taxation under Section 501 of the Internal Revenue Code of 1954 as amended shall be exempt from payment of fees as set forth in subsections (b) and (d) of this section." Section 23. The Secretary of Finance shall promulgate, issue and enforce such rules and regulations which are necessary to execute the changes contained in this Act. Copies of said rules and regulations shall be issued to members of the 128th General Assembly no later than May 15 following passage of this Act. Section 24. This Act shall take effect on April 1, 1975. Approved March 27, 1975. 4:30 p.m. CHAPTER 25 FORMERLY HOUSE BILL NO. 244 AN ACT TO AMEND CHAPTER 29 OF TITLE 30, DELAWARE CODE RELATING TO A REVISION OF WHOLESALER LICENSE REQUIREMENTS AND LICENSE FEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §2902(b) of Chapter 29, Title 30, Delaware Code, by striking said subsection (b) in its entirety and substitute in lieu thereof a new subsection (b) to read as follows: "(b) Any person desiring to engage in business in this State as a wholesaler shall obtain a license upon making application to the Department of Finance and paying a fee of $50 for each place of business. Such license shall be valid until the first day of January at which time it may be renewed for a full year and every year thereafter provided that the wholesaler pays the fees required by subsection (c) of this section makes application therefor and payment of $50 for each place of business. Section 2. Amend §2902(c) of Chapter 29, Title 30, Delaware Code, by striking said subsection (c) in its entire-ty and substitute in lieu thereof a new subsection to read as follows: "(c) In addition to the license fee required by subsec-tion (b) of this section, every wholesaler shall also pay a license fee at the rate of 3/10 of one percent of the ag-gregate gross receipts attributable to all goods sold by the wholesaler within this State, which fee shall be payable monthly on or before the 20th day of each month with respect to the aggregate gross receipts for the immediately preceding month. The monthly returns shall be ac-companied by a certified statement on such forms as the Department of Finance shall require in computing the fee due." 65 66 Chapter 25 Section 3. To implement the change in expiration date on licenses as set forth in. Section 1 of this Act, all licensees shall pay one-half of the license fee as set forth in Section 1 of this Act on or before July 1, 1975 which will extend those licenses to December 31, 1975. Section 4. This Act shall take effect on April 1, 1975. Approved March 27, 1975. 4:32 p.m. CHAPTER 26 FORMERLY SENATE BILL NO. 9 AN ACT MAKING A SUPPLEMENTARY AP-PROPRIATION TO THE DEPARTMENT OF FINANCE FOR PAYMENTS OF CLAIMS RELATING TO VETERANS' MILITARY PAY ACT NO. III". WHEREAS, the 127th General Assembly passed Senate Bill No. 454 which provided for an extension of the deadline when claims and payments may be made under the Veterans' Military Pay Act No. III; and WHEREAS, additional claims have been filed sub-sequent to the deadline of June 30, 1974, and the remaining funds reverted to the General Fund of the State of Delaware on September 30, 1974, thus leaving the account depleted; and WHEREAS, there have been at least twelve applications received to date in the Department of Finance with an-ticipation of additional applications. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $6,000 is hereby appropriated to the Department of Finance to be used toward payment of bona fide veterans' claims under guidelines of the Veterans' Military Pay Act No. III. Section 2. Funds appropriated herein shall be paid by the State Treasurer from the General Fund monies not otherwise appropriated. Section 3. Funds herein appropriated and remaining unexpended or unencumbered on June 30, 1975, shall revert to the General Fund of the State of Delaware. Approved March 31, 1975. 67 68 CHAPTER 27 FORMERLY SENATE BILL NO. 116 AN ACT MAKING A SUPPLEMENTARY AP-PROPRIATION TO THE DEPARTMENT OF HIGH-WAYS AND TRANSPORTATION FOR THE PUR-POSE OF PAYING THE AUTOMOBILE REPAIR COST INCURRED BY A CHARLES T. BAEN AS A RESULT OF AN ACCIDENT AT THE IN-TERSECTION OF ROUTES 896 AND 71 LOCATED IN NEW CASTLE COUNTY, DELAWARE. WHEREAS, on November 14, 1974, Mr. Charles T. Baen was driving his vehicle on Route 896 and when he came to the intersection of 896 and 71 while passing under the traffic light located at said intersection the light fell on his car causing damages in the amount of $406.90; and WHEREAS, the Department of Highways and Tran-sportation has not had comprehensive general liability in-surance since March 31, 1971; and WHEREAS, the Department of Highways and Tran-sportation was advised by the Insurance Commissioner that effective with the expiration of the former policy on March 31, 1971, the Department of Highways and Transportation would .have the same type of coverage as other agencies and the type of coverage does not include accidents of this type; and WHEREAS, the accident is not Mr. Charles T. Baen's fault and, therefore, he should not be responsible for repairs which he incurred as a result of a faulty blinker light which is property of the State of Delaware. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Chapter 27 69 Section 1. There is hereby appropriated the sum of $406.90 to the Department of Highways and Transportation for the purpose of paying the auto repair costs incurred by Mr. Charles T. Baen as a result of an accident at the in-tersection of Routes 896 and 71 located in New Castle County, Delaware. Section 2. This Act is supplementary appropriation and the funds appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. The funds hereby appropriated shall be used only for the purpose specified herein and any funds remaining unexpended or unencumbered on June 30, 1975, shall revert to the General Fund. Approved March 31, 1975. 70 CHAPTER 28 SENATE BILL NO. 184 AN ACT TO PROVIDE A SUPPLEMENTARY AP-PROPRIATION TO THE DIVISION OF STATE POLICE, OF THE DEPARTMENT OF PUBLIC SAFETY. WHEREAS, the people of the State of Delaware have had available to them the services of a State Police helicopter; and WHEREAS, recently this use has been curtailed because of damage sustained during a rescue mission; and WHEREAS, the insurance value of the vehicle ($110,000) is less than the replacement value; and WHEREAS, Kent and Sussex Counties have already agreed to assist financially in the purchase of a new helicopter in the amount of $15,000 and $65,000 respectively; and WHEREAS, the purchase price of the helicopter is $207,000; NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $207,000 is appropriated to the Department of Public Safety, Division of State Police, to purchase a helicopter to be used in its regular course of State business. Section 2. The sums of money appropriated by the Counties of the State of Delaware and specifically the Counties of Kent and Sussex to assist in the purchase of the State helicopter shall upon payment be deposited in the General Fund of the State of Delaware, as a partial reim-bursement of funds hereby appropriated. Chapter 28 71 Section 3. The sums of money collected on the State's insurance policy coverage covering the damage to the State helicopter when received shall be deposited in the General Fund of the State of Delaware, as a partial reim-bursement of funds hereby appropriated. Section 4. This Act is a supplemental appropriation for the Fiscal Year 1975 and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 5. Any money appropriated herein which is unexpended or unencumbered on June 30, 1975 shall revert to the General Fund. Approved March 31, 1975 72 CHAPTER 29 FORMERLY SENATE BILL NO. 119 AN ACT AUTHORIZING A SUPPLEMENTAL AP-PROPRIATION TO THE DIVISION OF PUBLIC HEALTH FOR THE PURPOSE OF ESTABLISHING AN EXTENDED CARE UNIT FOR THE CARE AND TREATMENT OF CHRONICALLY ILL ADULTS. WHEREAS, there exists a critical need for additional beds within the Department of Health and Social Services so as to provide for treatment and rehabilitation of chronically ill adult referrals; and WHEREAS, such additional beds would help serve to reduce the long waiting list of geriatric referrals currently existent at the home and hospital; and WHEREAS, there exists available space within facilities at the Emily P. Bissell Hospital; and WHEREAS, a supplemental appropriation of $87,738 would provide adequate operating funds needed to utilize such available space. NOW THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. The Emily P. Bissell Hospital is hereby appropriated the sum of $87,738 to be used in the following manner for the purpose of operating an additional 50-bed unit for the care and treatment of chronically ill adults: (35-05-000) Division of Public Health (35-05-003) Bissell Hospital Salaries & Wages of Employees (35.50) $39,047 Overtime 938 Chapter 29 73 Shift Differential 376 FICA 2,361 Pensions 5,126 Personal Services 600 Travel 200 Contractual Services 9,300 Supplies & Materials 15,800 Capital Outlay 13,990 TOTAL $87,738 Section 2. This Act is a supplemental appropriation for the fiscal year 1975 and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. Any money appropriated herein which is unexpended or unencumbered on June 30, 1975 shall revert to the General Fund. Approved March 31, 1975. 74 CHAPTER 30 FORMERLY SENATE BILL NO. 120 AN ACT AUTHORIZING A SUPPLEMENTAL AP-PROPRIATION TO THE DIVISION OF ADULT CORRECTIONS TO RELIEVE SEVERE OVER-CROWDING IN THE CORRECTIONAL FACILITIES. WHEREAS, there exists a severe overcrowding problem within the adult correctional facilities; and WHEREAS, there exists vacant space within various other facilities within the Department of Health and Social Services; and WHEREAS, a supplemental appropriation of $70,110 would provide adequate operating funds needed to utilize such vacant facilities. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. The Division of Adult Corrections is hereby appropriated the sum of $70,110 to be appropriated in the following manner for the purpose of operating a Pre-Trial Detainees Center: (35-08-000) Division of Adult Corrections (35-08-009) Pre-Trial Detainees Salaries & Wages of Employees (17) $39,233 Overtime 3,770 Hazardous Duty and Shift Diff. 4,073 FICA - Employer's Share 2,754 Pensions 5,979 Personal Services 1,488 Contractual Services 7,408 Supplies & Materials 5,405 TOTAL $70,110 Chapter 30 75 Section 2. This Act is a supplemental appropriation for the fiscal year 1975 and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. Any money appropriated herein which is unexpended or unemcumbered on June 30, 1975 shall revert to the General Fund. Approved March 31, 1975. 76 CHAPTER 31 FORMERLY HOUSE BILL NO. 225 AN ACT TO AMEND CHAPTER 13, TITLE 14 OF THE DELAWARE CODE RELATING TO SALARY SCHEDULES FOR SCHOOL EMPLOYEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Delaware State Board of Education shall revise the salary schedules contained in §1305, §1308, §1309, §1310, §1322 and §1324, Chapter 13, Title 14 of the Delaware Code to reflect an eight percent (8%) salary in-crease, and except for §1322(c), the increase shall be rounded to the nearest whole dollar. Any increase under §1322(c) shall be raised to the nearest cent. The schedules affected by this Act shall be published by the Delaware State Board of Education and referred to the Legislative Council of the State of Delaware and the Revised Code Commission for inclusion in the Delaware Code and other legal publications. Section 2. Section 1 of this Act shall be effective on January 1, 1975. Salary increases provided by this Act shall be passed in full to each employee whose salary is authorized by this Chapter and in compliance with any local school district negotiated contracts. Section 3. In order to carry out the provisions of this Act an amount of $4,291,642.00 is appropriated to the Educational Contingency Fund for payment of salaries and employees' benefits. Such amount shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Any monies ap-propriated herein which are unexpended or unencumbered on June 30, 1975, shall revert to the General Fund. Approved April 2, 1975. V- CHAPTER 32 FORMERLY HOUSE BILL NO. 125 AN ACT INCREASING THE SALARIES OF EMPLOYEES OF DELAWARE STATE COLLEGE AND DELAWARE TECHNICAL AND COMMUNITY COLLEGE, AND PROVIDING A SUPPLEMENTARY APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Effective January 1, 1975, the Board of Trustees of Delaware State College and Board of Trustees of Delaware Technical and Community College, shall revise their salary schedules of all part-time and full-time em-ployees, including faculty members of such colleges on a ten month contract basis to reflect an eight percent (8%) salary increase rounded to the nearest dollar. Salary increases provided by this section shall be passed in full to each employee. Section 2. In order to implement the provisions of this Act the sum of $188,927 is hereby appropriated to the Board of Trustees of Delaware State College for fiscal 1975 and the sum of $227,253 is appropriated to the Board of Trustees of Delaware Technical and Community College for fiscal 1975. Such sums herein appropriated shall reflect employee benefits. Section 3. The effective date of this Act shall be January 1, 1975. Approved April 2, 1975. 77 78 CHAPTER 33 FORMERLY SENATE BILL NO. 178 AN ACT TO AMEND CHAPTER 13, TITLE 14, DELAWARE CODE, RELATING TO SALARIES AND WORKING CONDITIONS OF SCHOOL EMPLOYEES AND TO AMEND CHAPTER 381, VOLUME 59, LAWS OF DELAWARE, THE 1975 BUDGET AP-PROPRIATION ACT, ORIGINALLY DESIGNATED HOUSE BILL NO. 750, AND TO AMEND CHAPTER 523, VOLUME 59, LAWS OF DELAWARE, THE OMNIBUS AMENDMENT TO THE 1975 BUDGET APPROPRIATION ACT, ORIGINALLY DESIG-NATED HOUSE BILL NO. 1113. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §1311(a), Chapter 13, Title 14, Delaware Code, by striking the salary schedule contained therein and inserting in lieu thereof a new salary schedule as follows: Chief Custodian "Years of Custodian Supervising 5 or Experience Custodian Fireman Fewer Custodians Chief Custodian Building and Years of Supervising 6 or Grounds Experience more Custodians Supervisor 0 6019 6258 6376 1 6198 6436 6555 2 6376 6614 6734 3 6555 6794 6913 4 6734 6972 7091 0 6853 7687 1 7032 7925 2 7210 8163 3 7389 8401 4 7567 8639". Chapter 33 79 Section 2. Amend §1311(b) of Chapter 13, Title 14, Delaware Code, by revising the salary figures contained therein to reflect an eight percent (8%) increase, rounded to the nearest whole dollar, and the Delaware State Board of Education shall publish such schedules and refer the same to the Legislative Council of the State of Delaware and the Code Revisors for inclusion in the Delaware Code and other legal publications. Section 3. Amend Chapter 523, Volume 59, Laws of Delaware, by adding thereto a new Section 15 to read as follows: "Section 15. Amend Chapter 381, Volume 59, Laws of Delaware, by striking certain figures in their entirety as they appear, and substituting certain figures in lieu thereof; by adding new line items and figures; with reference to the lines and pages on which the same appear in House Bill No. 750, as hereinafter prescribed: Section 4. Amend Chapter 381, Volume 59, Laws of Delaware, by recomputing all appropriate sub-totals and totals as changed by this Act. Section 5. The effective date of this Act shall be January 1, 1975. Approved April 2, 1975. Page Line Item/Description From To Amount of (Decrease) or Increase (10-02-001) Budget Office 8 New State Employees' Pay 6,366,913 5,941,963 (424,950) Increase (SB 569) 8 New F.1.C.A. - Employer's Share 324,513 299,653 (24,860) 8 New Pensions 808,574 754,604 (53,970) (95-01-000) State Board of Education and State Board for Vocational Education (95-01-003) Education Contingency 66 New Sal. Increase - Custodial Workers -0- 424,950 424,950 Sal. & Wages of Emp. -0- 24,860 24,860 66 New F.I.C.A. - Employer's Share 66 New Pensions -0- 53,970 53,970". 80 CHAPTER 34 FORMERLY SENATE BILL NO. 71 AN ACT TO AMEND CHAPTER 11, PART II, TITLE 9 OF THE DELAWARE CODE AUTHORIZING THE COUNTY COUNCIL OF NEW CASTLE COUNTY TO VEST THE POWERS OF A SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY AND OF A HOUSING AUTHORITY IN COUNTY DEPART-MENTS AND TO AUTHORIZE COUNTY DIREC-TORS TO EXECUTE NECESSARY INSTRUMENTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 11, Part II, of Title 9 of the Delaware Code by adding the following new section: 11168. Vested powers of New Castle County Departments All of the powers of a slum clearance and redevelopment authority which now or hereafter shall be authorized under Chapter 45 of Title 31 of the Delaware Code and all of the powers of a housing authority which are now or hereafter shall be authorized under Chapter 43 of Title 31 of the Delaware Code may be vested by Ordinance of New Castle County in such department or departments of the County government as County Council may determine and County Council may delegate to a department director or directors the authority to execute contracts, deeds, leases, mortgages and other in-struments necessary to carry out the aforesaid powers." Approved April 2, 1975 81 CHAPTER 35 FORMERLY HOUSE BILL NO. 241 AN ACT TO AMEND CHAPTER 55, TITLE 30, DELAWARE CODE, RELATING TO PUBLIC UTILITIES TAXES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §5506, Chapter 55, Title 30, Delaware Code, by adding thereto a new subsection (e) to read as follows: "(e) Gross receipts or tariff charges received by a distributor of electricity, gas or telegraph commodities and services from residential consumers and residential users, and the sale price or tariff charges paid by residential consumers or residential users to distributors of telephone commodities and services shall be exempt from the tax imposed by this Chapter. No distributor of electricity, gas or telegraph commodities and services shall pass on any tax imposed by this Chapter to any residential consumer or residential user of such commodities and services." Section 2. This Act shall become effective on July 1, 1975. Approved April 3, 1975. 1111111.11Mi 82 CHAPTER .36 FORMERLY HOUSE BILL NO. 92 AS AMENDED BY SENATE AMENDMENTS NO. 1 AND 2 AND HOUSE AMENDMENTS NO. 1 AND 2 AN ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO TRANSFER BETWEEN ALL LINES AND DIVISIONS. 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 1975; and WHEREAS, the authority to make certain transfers within various lines and divisions would eliminate the need of additional supplemental appropriation. 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 financial requirements for the remainder of Fiscal Year 1975. This authority expires on June 30, 1975. Section 2. On or before May 1, 1975, the Secretary of the Department of Health and Social Services is hereby directed to submit a written report to each member of the General Assembly indicating what funds were transferred between lines and/or divisions. This report will show the line and division that the funds were taken from, the line and division that the funds were transferred to and the jurisdiction for the transfer of these funds. Chapter 36 83 Section 3. This bill does not authorize transfer of funds to any line or division which has not previously been authorized by the General Assembly. Approved April 11, 1975. 84 CHAPTER 37 FORMERLY HOUSE BILL NO. 16 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 381, VOLUME 59, LAWS OF DELAWARE, AN ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND TO AMEND CERTAIN PERTINENT STATUTORY PROVISIONS", ALSO KNOWN AS THE 1975 AP-PROPRIATION BILL. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 381, Volume 59, Laws of Delaware, by striking certain figures in their entirety as they appear, and substituting certain figures in lieu thereof, with reference to the lines and pages on which the same appear therein and as hereinafter prescribed: Amount of Decrease Page Line Item/Description From To or Increase (35-13-000) Division of Juvenile Corrections (35-13-008) After Care Approved April 14, 1975. 39 2 Salaries and Wages of (18)$5150.224 (28)$191.836 $41,612 Employees 39 3 F.1.C.A. - Employer's Share 11.438 13,873 2.435 39 4 Pensions 19,079 24.364 5.285. 85 CHAPTER 38 FORMERLY HOUSE BILL NO. 121 AN ACT MAKING A SUPPLEMENTAL AP-PROPRIATION TO THE DEPARTMENT OF HIGH-WAYS AND TRANSPORTATION FOR THE DELAWARE AUTHORITY FOR REGIONAL TRANSIT. WHEREAS, the Delaware Authority for Regional Transit (DART) is constantly meeting increased demands for its services; and WHEREAS, these services are costing more and more as inflation touches every phase of operation; and WHEREAS, in order to operate for the rest of the current fiscal year, the Delaware Authority for Regional Transit requires a supplementary appropriation. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $741,638 is hereby ap-propriated to the Department of Highways and Tran-sportation to be paid to the Delaware Authority for Regional Transit for the fiscal year ending June 30, 1975. Section 2. This Act is a supplemental appropriation for the Fiscal Year 1975 and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Approved April 14, 1975. 86 CHAPTER.39 FORMERLY SENATE BILL NO. 226 AN ACT TO AMEND CHAPTER 588, VOLUME 59, LAWS OF DELAWARE, RELATING TO INVOLUNTARY COMMITMENT OF MENTALLY ILL PERSONS. Be it enacted by the General Assembly of the State of Delaware: AMEND Section 1, Chapter 588, Volume 59, Laws of Delaware by striking the date "April 15, 1975" wherever it appears in Section 1 and inserting in lieu thereof the following: "June 30, 1975". Approved April 15, 1975. CHAPTER 40 FORMERLY SENATE BILL NO. 242 AN ACT TO ALLOW JOHN E. SZOTHIEWICZ , A MINOR, TO MARRY BERNADETTE M. TUCKER. WHEREAS John E. Szothiewicz, a minor, to marry Bernadette M. Tucker; WHEREAS John E. Szothiewicz is under the age of 18, by virute of his birth on November 9, 1957; WHEREAS Title 13, Section 123(a) Delaware Code states that no male under the age of 18 shall marry; WHEREAS John E. Szothiewicz is desirous of marrying Bernadette M. Tucker; WHEREAS the plans for the marriage have been fully made; WHEREAS John E. Szothiewicz plans to marry Ber-nadette M. Tucker on Saturday, April 19, 1975; WHEREAS John E. Szothiewicz was not aware of the fact that he could not marry until he applied for a license to marry on April 17, 1975; NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: John E. Szothiewicz is hereby exempted from the ap-plication of Title 13, Delaware Code, Section 123(a) and is specifically permitted to marry Bernadette M. Tucker on April 19, 1975. Permission is not granted by this act for John E. Szothiewicz to marry Bernadette M. Tucker after April 19, 87 88 Chapter 40 1975. This exception is granted -only from the time of its enactment to 12:00 midnight April 19, 1975. Approved April 18, 1975. i 89 CHAPTER 41 FORMERLY HOUSE BILL NO. 25 AN ACT TO PROVIDE A SUPPLEMENTARY AP-PROPRIATION TO THE DELAWARE NATIONAL GUARD. WHEREAS, units of the Delaware National Guard were called by the Governor to State Duty to assist civilian authorities combating a severe storm of December 1 and 2, 1974; and WHEREAS, the office of the Adjutant General of the Delaware National Guard has submitted its bill for payment for their services; NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $20,760.81 is appropriated to the Delaware National Guard to pay for the services of the Guard during the call of the Governor on December 1 and 2, 1974. Section 2. This Act is a supplemental appropriation for the fiscal year 1975 and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. Any money appropriated herein which is unexpended or unencumbered on June 30, 1975 shall revert to the General Fund. Approved April 18, 1975. 90 CHAPTER 42 FORMERLY SENATE BILL NO. 3 AN ACT DIRECTING THE BOARD OF PENSION TRUSTEES TO RE-EVALUATE PENSION BENE-FITS FOR LAWRENCE THOMPSON, A FORMER BEE INSPECTOR WITH THE DEPARTMENT OF AGRICULTURE. WHEREAS, Lawrence Thompson, a former Bee In-spector with the Department of Agriculture for approximately 15 years, was granted a service pension pursuant to Chapter 359, Volume 59, Laws of Delaware; and WHEREAS, the Board of Pension Trustees authorized a service pension in the amount of $34.55 per month; and WHEREAS, the nature of the work performed by Mr. Thompson was not only hazardous but required him to be on duty 24 hours a day, thus deserving of better consideration, notwithstanding the fact that his salary was incommensurable with his duties. NOW, THEREFORE: Be it enacted by the General Assembly of the State of Delaware: Section 1. The Board of Pension Trustees is hereby directed to re-evaluate pension benefits for Lawrence Thompson and the Board is further directed to determine that Lawrence Thompson shall receive a minimum of not less than one hundred and fifty dollars per month, commencing on the date on which he was granted his original pension of $34.55. Approved April 21, 1975. CHAPTER 43 FORMERLY SENATE BILL NO. 63 AN ACT TO PERMIT THE DELMAR SCHOOL DISTRICT TO TRANSFER CERTAIN FUNDS FROM ITS LOCAL DEBT SERVICE ACCOUNT TO ITS LOCAL CURRENT EXPENSE ACCOUNT. Be it enacted by the General Assembly of the State of Delaware [three-fourths of all members elected to each branch thereof concurring therein]: Section 1. The Board of Education of the Delmar School District is authorized to transfer the sum of $25,500 from its Local Debt Service Account to its local current ex-pense account. The sums herein transferred shall be used to complete the existing construction project, black top bus loading areas, improvement of grounds, landscaping and other minor costs. Section 2. Any funds transferred pursuant to this Act and not expended for the purposes herein specified shall be redeposited in the Local Debt Service Account. Approved April 21, 1975. 91 92 CHAPTER 44 FORMERLY SENATE BILL NO. 72 AN ACT TO PERMIT THE BOARD OF EDUCATION OF THE WOODBRIDGE SCHOOL DISTRICT TO TRANSFER CERTAIN FUNDS FROM ITS LOCAL DEBT SERVICE FUNDS ACCOUNT TO ITS LOCAL CURRENT OPERATING FUNDS ACCOUNT. 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. That the Board of Education of the Woodbridge School District is authorized to transfer the sum of $60,000 from its Local Debt Service Funds Account to its Local Current Operating Funds Account. The sums tran-sferred shall be used for general school purposes. Section 2. Any funds transferred pursuant to this act and not expended for general school purposes shall be redeposited in the Debt Service Account. Approved April 21, 1975. CHAPTER 45 FORMERLY SENATE BILL NO. 69 AN ACT TO AMEND SUBCHAPTER I OF CHAPTER 13, TITLE 9, DELAWARE CODE, RELATING TO THE BOARD OF ASSESSMENT REVIEW. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §1307(a) of Subchapter I, Chapter 13, Title 9, Delaware Code, by striking therefrom the words "In each of the two years following a general reassessment of property in New Castle County" as the same appears in said subsection (a) thereof. Section 2. Amend §1307(b) of Subchapter I of Chapter 13, Title 9, Delaware Code by striking therefrom the words "In each of the two years following a general reassessment of property in New Castle County" as the same appears in said subsection (b) thereof. Approved April 22, 1975. 93 94 CHAPTER 46 FORMERLY SENATE BILL NO. 182 AN ACT TO AMEND CHAPTER 17, TITLE 24, DELAWARE CODE, RELATING TO EXCEPTIONS TO EXAMINATIONS REQUIRED FOR A CER-TIFICATE TO PRACTICE MEDICINE IN STATE INSTITUTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 1735, Title 24, Delaware Code, by adding a new paragraph as follows: "(c) Under such rules and regulations as the Board may adopt, the examination required for a certificate to practice medicine may be waived by the Board in cases wherein a person is employed in this State as an intern, resident, house physician or fellow in any hospital accredited by the Joint Commission on the Accreditation of Hospitals or the American Osteopathic Hospital Association or who is a staff physician employed in any governmental institution. In such cases a person may be given a certificate to practice medicine for a period of time not to exceed the length of time of em-ployment in such hospital or governmental institution, but such certificate shall be subject to yearly renewal and shall limit such practice to the hospital or institution where such person is employed." Approved April 23, 1975. 95 CHAPTER 47 FORMERLY SENATE BILL NO. 100 AN ACT TO AMEND CHAPTER 9, PART I, TITLE 10 OF THE DELAWARE CODE RELATING TO THE ADDITION OF ONE ASSOCIATE JUDGE TO THE FAMILY COURT; AND PROVIDING A SUP-PLEMENTARY APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §906, Chapter 9, Part I, Title 10 of the Delaware Code by striking subsection (b) in its entirety and substituting in lieu thereof the following: "(b) The court shall be composed of eleven judges of equal judicial authority. One judge shall be the Chief Judge, and the remainder shall be Associate Judges. No more than a majority of one judge shall be members of the same political party." Section 2. Amend §906, Chapter 9, Part I, Title 10 of the Delaware Code by striking the figure "6" as the same appears in the third sentence of subsection (e), and sub-stituting the figure 447" in lieu thereof. Section 3. The sum of twenty-nine thousand and five hundred dollars ($29,500.00) is hereby appropriated to the Family Court, which sum shall be used for the addition of one Associate Judge to the Family Court. Section 4. The funds herein appropriated shall be paid from the General Fund of the State Treasury from moneys not otherwise appropriated. Section 5. The funds herein appropriated shall be used only for the purpose specified in Section 3 of this Act, and any funds appropriated but unexpended by June 30, 96 Chapter 47 1975, shall thereupon revert to the General Fund of the State Treasury. Section 6. This Act shall take effect immediately upon signature of the Governor. Approved April 23, 1975. CHAPTER 48 FORMERLY SENATE BILL NO. 17 AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE II, SECTION 15, OF THE 1897 CON-STITUTION OF THE STATE OF DELAWARE, RELATING TO THE COMPENSATION, EXPENSES AND ALLOWANCES OF MEMBERS OF THE GENERAL ASSEMBLY. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 127th General Assembly, being Chapter 447, Volume 59, Laws of Delaware, as follows: "AN ACT PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 15 OF THE 1897 CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE COMPENSATION, EXPENSES AND ALLOWANCES OF MEMBERS OF THE GENERAL ASSEMBLY. Be it enacted by the General Assembly of the State of Delaware [two-thirds of the members of each house thereof concurring therein]: 97 Section 1. Amend Article II, Section 15 of the 1897 Constitution of the State of Delaware by striking the present Section 15 in its entirety, and substituting in lieu thereof a new Section 15 which shall read as follows: 115. Compensation, Expenses and Allowances of Members The President of the Senate and members of the General Assembly shall receive an annual salary and an annual ex-pense allowance for transportation and such other necessary and proper purposes as the General Assembly shall by law provide. Funds appropriated hereunder shall be paid out of the Treasury of the State." 98 CHAPTER 49 FORMERLY HOUSE BILL NO. 139 AN ACT AMENDING CHAPTER 736, VOLUME 57, LAWS OF DELAWARE, ENTITLED "AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL INVESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONEYS TO VARIOUS AGENCIES OF THE STATE." Be it enacted by the General Assembly of the State of Delaware [three-fourths of all the members elected to each branch thereof concurring therein]: Section 1. Chapter 736, Volume 57, Laws of Delaware, is hereby amended by adding a new section at the end thereof to read as follows: "Section 21. Any part of the sum appropriated to the Department of Health and Social Services pursuant to Section 7(a) and identified in the 1971 Capital Projects Schedule as Diagnostic and Detention Center (Design) funds for the Division of Corrections, which remains unexpended and unencumbered upon passage of this act, may be used as follows: A sum not to exceed $238,671.88 for constructing a barracks on the grounds of the Delaware Correctional Center, including fencing and walkways." Approved April 24, 1975. CHAPTER 50 FORMERL |
| Date Digital | 2010 |
| CONTENTdm file name | 3089.cpd |
Description
| Title | Laws of the State of Delaware - Volume 60 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- EIGHTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A. D. 1975 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A. D. 1976 PART I VOLUME LX |
| CONTENTdm file name | 69021.pdfpage |
Tags
Add tags for Laws of the State of Delaware - Volume 60 - Part 1 - Page 1
Comments
Post a Comment for Laws of the State of Delaware - Volume 60 - Part 1 - Page 1
