Laws of the State of Delaware - Volume 61 - Part 1 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- NINTH
GENERAL ASSEMBLY
SPECIAL SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 4, A. D.
1977
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
1977
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1978
PART I
VOLUME LXI
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 61 - 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-NINTH GENERAL ASSEMBLY SPECIAL SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 4, A.D. 1977 FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A.D. 1977 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A.D. 1978 PART I VOLUME LXI 1 CHAPTER 1 FORMERLY SENATE BILL NO. 41 AN ACT TO AMEND CHAPTER 1, TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 6103(b}, Chapter 1, Title 26 of the Delaware Code, by striking, in the last sentence, the phrase "a practicing member of the Bar of this State and". Approved January 13, 1977. CHAPTER 2 FORMERLY SENATE BILL NO. 16 AN ACT TO AMEND CHAPTER 5, TITLE 28, OF THE DELAWARE CODE RELAT-ING TO HARNESS RACING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §507, Chapter 5, Title 28 Delaware Code by striking the words "Department of Administrative Services" as the same appear therein in their entirety and substituting in lieu thereof the word "Commission". Approved January 15, 1977. CHAPTER 3 FORMERLY SENATE BILL NO. 29 AN ACT TO AMEND CHAPTER 69, TITLE 29 OF THE DELAWARE CODE RELAT-ING TO PUBLIC WORK CONTRACTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §6903 (a), Chapter 69, Title 29 of the Delaware Code by adding thereto a new paragraph (4) to read as follows: "(4) Where, because of changed situations, unforeseen conditions, strikes and Acts of God, change orders or extra work determined to be necessary and requested by the agency, and not specified in the agency's solicitation or advertise-ment for bids and in the contract as awarded, the awarding agency may issue a change order setting forth the change, addition or extra work required to be undertaken by the contractor on a public works contract, which shall not (1) be subject to the competitive bidding requirements of this Section, or (2) invalidate the contract, provided that such change is within the scope of the contract as set forth in the Standard Specifications, Special Provisions or simi-lar publication of the Agency." Section 2. Amend §6931 (a), Chapter 69, Title 29, Delaware Code by striking the period "." immediately following the word "head" as the same appears in the first sentence and inserting the following: "and except where professional services are determined by the agency to be necessary during the course of comple-tion of a previously awarded public works contract and the agency determines that the interest of the State would be best served by procuring such additional or supplemental professional services from a firm already under contract for the project or public works contract for which supple-mental or additional professional services are required, provided that such additional or supplemental professional services are within the scope of the contract". Section 3. Amend Section 6937 (a), Chapter 69, Title 29 of the Delaware Code by deleting the figure "5,000" and inserting in lieu thereof the figure "25,000". Approved January 15, 1977. 3 4 CHAPTER 4 FORMERLY SENATE BILL NO. 58 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CRAFTER 11, TITLE 29 OF THE DELAWARE CODE BY CREATING A DIVISION OF MAINTENANCE, COMMUNICATIONS AND CAPITAL SECURITY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DE AWARE: Section 1. Amend Chapter 11, Title 29 of the Delaware Code by adding thereto a new Subchapter III to read as follows: "SUBCHAPTER III. DIVISION OF MAINTENANCE, COMMUNI-CATIONS AND CAPITAL SECURITY §1131. Division of Maintenance, Communications and Capital Security There is established a Division of Maintenance, Comm-unications and Capital Security, which Division shall be under the direction and supervision of the Legislative Council. §1132. Director; personnel; Merit System The Division of Maintenance, Communications and Capital Security shall be administered by a director who shall be selected by the Legislative Council by majority vote. All employees of the Division of Maintenance and Communications, heretofore established by Executive Order No. 7 approved April 6, 1973, including the Director, shall be transferred to the Division of Maintenance, Communica-tions and Capital Security and shall be deemed to be em-ployees of such Division and employees of the State in class-ified service with all the benefits accrued as merit employ-ees as of the effective date of this subchapter. §1133. Powers; duties and functions The Division of Maintenance, Communications and Capi-tal Security shall have all the powers, duties and functions heretofore vested in the Division of Maintenance and Comm-unications established by Executive Order No. 7 approved April 6, 1973, and such other powers, duties and functions as may be assigned to it by law or by Legislative Council by majority vote." Chapter 4 5 Section 2. All personnel, funds, property, books, records, papers, plans and other materials including, but not limited to, any equipment in possession of any agency of the State and used in connection with the function hereby transferred to the Legis-lative Council shall on the effective date of this Act be deliv-ered into the custody of the Legislative Council. The service and employee positions to be transferred to the Legislative Council as contemplated by this section must be approved by the Controller General and the Budget Director. Approved January 15, 1977. 6 CHAPTER 5 FORMERLY HOUSE BILL NO. 5 AN ACT TO AMEND CHAPTER 82, TITLE 29, DELAWARE CODE, RELATING TO THE ESTABLISHMENT OF A DIVISION OF MOTOR FUEL TAX WITHIN THE DEPARTMENT OF PUBLIC SAFETY. WHEREAS, pursuant to 0203 (4) of Title 29, Delaware Code, the Secretary of Public Safety, with the concurrence of the Governor, has the power to establish divisions within the Depart-ment; and WHEREAS, in the judgement if the Secretary of the Department of Public Safety it was necessary that when the duties, powers and functions of the Motor Fuel Tax law and the Motor Carriers Fuel Purchase Act were transferred from the Department of Finance to the Department of Public Safety such transfer warranted the creation of a Division of Motor Fuel Tax; and WHEREAS, on October 11, 1973 Governor Tribbitt issued Execu-tive Order No. 21 creating a Motor Fuel Tax Division within the Department of Public Safety; and WHEREAS, the only legal basis for the Division is Executive Order No. 21 which does not have the legality of a statute. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 82 of Title 29, Delaware Code by adding thereto a new section to be designated as 0223 to read as follows: 48223. Division of Motor Fuel Tax The Division of Motor Fuel Tax is established and shall be responsible for the performance of all the powers, duties and functions pursuant to Chapters 51 and 52 of Title 30, Delaware Code. All employees of the Division of Motor Fuel Tax, heretofore established pursuant to Executive Order No. 21, including the Director, shall be transferred to the Department of Public Safety and shall be deemed to be employees of such office and employees of the State in classified service with all the benefits accrued as merit employees as of the effective date of this Act." Approved January 15, 1977 7 CHAPTER 6 FORMERLY HOUSE BILL NO. 34 AN ACT MAKING AN APPROPRIATION TO THE DIVISION OF REVENUE TO PAY A REFUND TO DISTRIBUTORS OF TOBACCO PRODUCTS WHO WERE EXEMPT-ED FROM TAXATION ON GROSS RECEIPTS. WHEREAS, by Chapter 273, Volume 60, Laws of Delaware, retail and wholesale distributors of tobacco products were exempted from paying a gross-receipts tax computed on a base that included State excise taxes on cigarettes; and WHEREAS, retail and wholesale distributors of tobacco prod-ucts nevertheless paid into the State during FY 1970 the sum of $18,600; and WHEREAS, this sum should now be refunded to the wholesale and retail distributors of cigarettes. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. There is hereby appropriated to the Division of Revenue the sum of $18,600 to be used to refund to retail and wholesale distributors of cigarettes suns paid by them during FY 1970, although they had been exempted by Chapter 273, Volume 60, Laws of Delaware from paying a gross-receipts tax based on the State excise tax on cigarettes. Section 2. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from moneys not otherwise appropri-ated. Section 3. The funds herein appropriated shall be expended only in the manner set forth herein and any funds appropriated but unexpended by June 30, 1977, shall revert to the General Fund. Apprthved January 15, 1977. 8 CHAPTER 7 FORMERLY SENATE BILL NO. 68 AN ACT TO AMEND CHAPTER 83, PART V, TITLE 11 OF THE DELAWARE CODE RELATING TO POWERS AND DUTIES OF STATE POLICE AND LOCAL POLICE OFFICERS ASSISTING STATE POLICE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §8302, Chapter 83, Part V, Title 11 of the Delaware Code by striking subsection (a) of said section, and substituting in lieu thereof the following: "(a) State Police shall have police powers similar to those of sheriffs, constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all acts of violence, and enforce all laws relating to the safety of persons and property." Approved January 27, 1977. AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE OFFICE OF LIEUTENANT GOVERNOR FOR THE PURPOSE OF EMPLOYING AN ADMIN-ISTRATIVE ASSISTANT. CHAPTER 8 FORMERLY SENATE BILL NO. 89 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 2. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 1. The sum of $5,917.00 is hereby appropriated to the office of Lieutenant Governor for the purpose of employing an Administrative Assistant, said sum to be appropriated in the following manner: Section 3. The funds hereby appropriated remaining unex-pended on June 30, 1977 shall revert to the General Fund of the State of Delaware. Approved February 1, 1977. 9 Salary and wage of employee $5,050.00 FICA 296.00 Pensions 571.00 $5,917.00 10 CHAPTER 9 FORMERLY HOUSE BILL NO. 37 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 16, TITLE 2, DELAWARE CODE, RELATING TO THE POWERS OF A LOCAL TRANSPORTATION AUTHORITY TO FIX RATES FOR THE AGED. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §1606, Chapter 16, Title 2 of the Delaware Code by striking subsection (13) and substituting in lieu thereof the following: "(13) Fix from time to time, after a public hearing, and without approval of the Public Service Commission or any other agency of the State, schedules, routes, rates or fares, and charges for services furnished or operated by the authority pursuant to this Chapter. A local transpor-tation authority shall fix the rate of fare or charge for individuals 65 years of age or older at a sum which is not more than 15 cents a zone." Approved February 4, 1977. 11 CHAPTER 10 FORMERLY SENATE BILL NO. 82 AN ACT TO AMEND CHAPTER 19, PART II, TITLE 9 OF THE DELAWARE CODE RELATING TO FIRE AND POLICE PROTECTION IN NEW CASTLE COUNTY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 19, Part II, Title 9 of the Dela-ware Code by adding thereto a new section, designated as §1903, which new section shall read as follows: 41903. County Police; mergers No merger of the New Castle County Police with any other police force or agency shall be valid unless and until it is approved by the General Assembly." Approved February 7, 1977. 12 CHAPTER 11 FORMERLY SENATE BILL NO. 80 AN ACT TO AMEND CHAPTER 691, VOLUME 60, 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 MONIES TO VARIOUS AGENCIES OF THE STATE AND TO BORROW MONEY TO BE USED FOR THE LOCAL SHARE OF SCHOOL CONSTRUCTION PROGRAMS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONIES TO THE STATE BOARD OF EDUCATION ON BEHALF OF LOCAL SCHOOL DISTRICTS." WHEREAS, the Capital Improvement Act of 1977 provided funds in the amount of $500,000 to the Department of Correction for the purpose of planning, engineering and feasibility study for the placement of a Women's Correctional Institution; and WHEREAS, there remains a $125,000 surplus in the appropri-ation; and WHEREAS, appropriations for $100,000 have not been provided to make available a central administration office for the Depart-ment of Correction; and WHEREAS, the Board of Education of the Smyrna School District has determined that the Thomas D. Clayton School is a surplus facility and it fails to meet acceptable standards for an educa-tional program; and WHEREAS, the Board of Education of the Smyrna School District will make a property transfer for the Thomas D. Clayton School and grounds to the Department of Correction for $25,000 to erect, on a 6' concrete slab, an American metal building or equal, approxi-mately 78 feet by 30 feet storage shed to be used by the Smyrna School District in return for the Thomas D. Clayton School. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all the members elected to each House thereof concurring therein): Section 1. Funds appropriated in Chapter 691, Volume 60, Laws of Delaware for the planning, engineering and feasibility study for the placement of a Women's Correctional Institution surplus funds ($100,000) shall be used for the purpose of making renovations and providing equipment to occupy the Thomas D. Clayton School as the Central Administration Office for the Department of Correction, and provide $25,000 to construct one (1) metal building, approximately seventy-eight (78) feet by thirty (3) feet, for a storage facility to the Smyrna School District. Approved February 7, 1977. CHAPTER 12 FORMERLY SENATE BILL NO. 69 AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO THE OFFICE OF THE STATE TREASURER FOR THE PURPOSE OF MEETING THE FARMERS BANK COMMISSION'S EXPENSES THROUGH JUNE 30, 1977. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $18,500 is hereby appropriated to the Office of the State Treasurer for the purpose of meeting the Farmers Bank Commission's expenses through June 30, 1977. Section 2. This Act is a supplementary appropriation bill and the funds hereby 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 herein appropriated which remain un-expended or unencumbered on June 30, 1977, shall revert to the General Fund of the State of Delaware. Approved February 7, 1977. 13 14 CHAPTER 13 FORMERLY HOUSE BILL NO. 65 AN ACT MAKING A SUPPLEMENTARY APPROPRATION TO THE BUREAU OF ADULT CORRECTION FOR ADDITIONAL FOOD SERVICE EMPLOYEES IN THE NEWLY CONSTRUCTED KITCHEN AT THE SUSSEX CORRECTIONAL INSTITUTION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $9,500 is hereby appropriated to the Bureau of Adult Correction for the following purposes: Salaries and Wages of Employees (2) $7,310 Salaries - Hazardous Duty 500 Salaries - Shift Differential 280 F.I.C.A. - Employee Share 470 Pensions 940 TOTAL $9,500 / Section 2. This is a supplementary appropriation and the funds hereby 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 remaining un-expended or unencumbered as of June 30, 1977, shall revert to the General Fund of the State of Delaware. Approved February 7, 1977. of $64,123 is Section 2. This is a supplementary appropration and the funds hereby 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 remaining un-expended or unencumbered as of June 30, 1977 shall revert to the General Fund of the State of Delaware. Approved March 6, 1977. CHAPTER 14 FORMERLY SENATE BILL NO. 24 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE BUREAU OF ADULT CORRECTION FOR ADDITIONAL SECURITY GUARD FORCE COVERAGE AND BUILDING RENOVATION FOR INMATE HOUSING AT THE DELAWARE CORRECTIONAL CENTER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 15 hereby appropriated to the Bureau of Adult Correction for the following purposes: Salaries and Wages of Employees (10) $30,664 Salaries - Hazardous Duty 2,500 Salaries - Shift Differential 1,386 Salaries - Overtime 3,114 F.I.C.A. - Employer's Share 2,203 Pensions 4,256 Contingency Fund - Building Renovation 20,000 TOTAL $64,123 16 CHAPTER 15 FORMERLY SENATE BILL NO. 27 AN ACT TO AMEND CHAPTER 89, TITLE 29, OF THE DELAWARE CODE RE-LATING TO THE CRITERIA FOR THE EMPLOYMENT OF BUREAU CHIEFS IN THE DEPARTMENT OF CORRECTION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §8903(2)(a), Chapter 89, Title 29, Delaware Code by striking the period "." immediately following the word "position" as the same appears in the second sentence of said subsection and inserting the following: or an equivalent combination of education and ex-perience which provides the necessary knowledge and abilities." Section 2. Amend §8903(2)(b) of Chapter 89, Title 29, Delaware Code by striking the period "." immediately after the word "position" as the same appears in the second sentence of said subsection and inserting the following: ", or an equivalent combination of education and experi-ence which provides the necessary knowledge and abilities." Approved March 17, 1977. 17 CHAPTER 16 FORMERLY SENATE BILL NO. 51 AN ACT MAKING A SUPPLEMENTARY APPROPRATION TO LEGISLATIVE COUNCIL FOR THE PURPOSE OF PURCHASING ADDITIONAL SETS OF THE DELAWARE CODE ANNOTATED, 1974. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $11,250 is hereby appropriated to Legislative Council for the purpose of purchasing 75 sets of the Delaware Code Annotated, 1474. Section 2. This is a supplementary appropration and the funds hereby 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 herein appropriated remaining unexpend-ed or unencumbered on June 30, 1977 shall revert to the General Fund of the State of Delaware. Approved March 22, 1977. 18 CHAPTER 17 FORMERLY HOUSE BILL NO. 181 AN ACT PROVIDING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF FINANCE, DIVISION OF REVENUE, FOR SEASONAL EMPLOYEES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. A supplemental appropriation for Seasonal Salaries and Wages in the amount of $167,903 is hereby appro-priated to the Department of Finance, Division of Revenue (25-06-000), for seasonal employees to process the 1976 Personal Income Tax Returns. Section 2. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. The funds hereby appropriated remaining unencumbered or unexpended on June 30, 1977, shall revert to the General Fund of the State of Delaware. Approved March 22, 1977. 19 CHAPTER 18 FORMERLY HOUSE BILL NO. 54 AN ACT TO AMEND CHAPTER 39, TITLE 7 OF THE DELAWARE CODE RELATING TO AUTHORITY OF CONSERVATION DISTRICTS TO CARRY OUT AN INFOR-MATION AND EDUCATION PROGRAM IN THE FURTHERANCE OF THEIR DUTIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 63908, Chapter 39, Title 7 of the Delaware Code by adding thereto a new subsection (9) to read as follows: "(9) To promote the conservation, protection, development and utilization of land and water resources through various informational and educational activities as the Board may deem necessary in the furtherance of its duties under the Chapter." Approved March 22, 1977. 20 CHAPTER 19 FORMERLY HOUSE BILL NO. 94 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT AUTHORIZING STANDING COMMITTEES OF THE 129TH GENERAL ASSEMBLY TO EMPLOY PROFESSIONAL STAFF ASSISTANCE SUBJECT TO APPROVAL OF THE LEGISLATIVE COUNCIL AND PROVIDING THE FUNDS THEREFOR. WHEREAS, under the provisions of Chapter 689, Volume 60, Laws of Delaware, and originally designated as House Bill No. 1298, the Committee, established pursuant to House Joint Resolution No. 26 of the 128th General Assembly, was empowered to continue to study the administration and operation of the public school system and further authorized the Committee to employ a consultant and provided an appropriation for such consultant; WHEREAS, Chapter 511, Volume 60, Laws of Delaware, also known as the 1977 Budget Appropriation Act, and originally designated as House Bill No. 1274, appropriated $25,000 to the Office of Controller General for the purpose of complying with the intent of House Bill No. 1298; WHEREAS, none of the appropriated funds have been expended to date; WHEREAS, members of the 129th General Assembly have expressed the desire for standing legislative committees to take a more active role in the legislative process; and WHEREAS, for the standing legislative committees to take a more active role will require competent professional staff assistance. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The provisions of Chapters 511 and 689, Volume 60, Laws of Delaware, to the contrary notwithstanding, amend Section 1, Chapter 511, Volume 60, Laws of Delaware, by striking the line item "Personal Services $25,000" in the Office of Con-troller General (101-08-002) in its entirety as it appears in said Chapter 511, and substituting in lieu thereof the following line item "Salaries - Casual and Seasonal for Standing Legislative Committees $25,000." Chapter 19 21 Section 2. Requests from Chairmen of standing legislative committees for professional staff assistance shall be submitted in writing to the Legislative Council for approval or disapproval. Approvals for professional staff assistance shall be allowed Within the limits of the appropriation and as provided by guide-lines established by the Legislative Council. Section 3. The Legislative Council in reviewing all requests from chairmen of standing legislative committees, shall give first priority approval consideration to the requests from the chairman of the House and Senate Education Committees. Section 4. Any of such funds remaining unexpended on June 30, 1977, shall revert to the General Fund of the State of Delaware. Section 5. This Act shall become effective upon signature of the Governor._ Approved March 25, 1977. 22 CHAPTER 20 FORMERLY HOUSE BILL NO. 172 AN ACT TO RESCIND THE SALARY SUPPLEMENT FOR STATE EMPLOYEES AUTHORIZED BY TITLE 29, DELAWARE CODE, SECTION 6532, AND SCHEDULED FOR APRIL 1, 1977. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The cost of living salary supplement authorized by Section 6532, Title 29, Delaware Code, and scheduled to take effect April 1, 1977, is hereby rescinded. Approved March 25, 1977. CHAPTER 21 FORMERLY HOUSE BILL NO. 110 AN ACT TO AMEND CHAPTER 3, TITLE 29, DELAWARE CODE BY PROVIDING FOR THE DESIGNATION OF THE OFFICIAL MINERAL OF THE STATE OF DELAWARE. WHEREAS, members of the Delaware Mineralogical Society have found that the State of Delaware has omitted from the Delaware Code the official designation of a State mineral; and WHEREAS, many states have designated an official State mineral to accompany their State flag, State flower, State bird and State bug; and WHEREAS, the mineral herein designated as the official State mineral is fitting to accompany Delaware's other official symbols; and WHEREAS, the proposed State mineral, Stillimanite, is wide-spread throughout the schists of the Delaware Piedmont and occurs as large masses and stream-rounded boulders at the Brandywine Springs State Park; and WHEREAS, the mineral Stillimanite is suitable for lapidary work and under the name Fibrolite it was recognized by geologists in Delaware prior to 1830. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 3, Title 29, Delaware Code by adding thereto a new section to be designated as 5310 to read as follows: "5310. State Mineral. The official State mineral for the State of Delaware shall be Stillimanite." Approved March 24, 1977. 23 24 CHAPTER 22 FORMERLY HOUSE BILL NO. 93 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF JUSTICE FOR OPERATION EXPENSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of forty-four thousand eight hundred ten dollars ($44,810) is hereby appropriated to the Department of Justice for operation expenses for fiscal year ending June 30, Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not other-wise appropriated. Approved March 17, 1977. 1977. Salary of State Detectives Salary 18,072.00 Pension 2,042.00 F.I.C.A. 966.00 21,080.00 Personal Services 4,500.00 Contractual Services 15,230.00 Supplies and Materials 4,000.00 44,810.00 CHAPTER 23 FORMERLY SENATE BILL NO. 33 AN ACT TO GRANT APPROVAL TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO PURCHASE A TRACT OF LAND WITHIN WALTER S. CARPENTER, JR. STATE PARK, WHITE CLAY CREEK HUN-DRED, NEW CASTLE COUNTY, NEWARK, DELAWARE. WHEREAS, pursuant to the Capital Improvement Bonds Act of 1976, being Chapter 271, Volume 60, Laws of Delaware, money was appropriated to the Department of Natural Resources and Environ-mental Control; and WHEREAS, part of that money was set aside in the 1976 Annual Capital Project Schedule for the acquisition of land; and WHEREAS, Chapter 271, Volume 60, Section 17, Delaware Laws prohibits the Department of Natural Resources and Environmental Control from purchasing any land, the purchase price of which is in excess of $50,000, without prior approval of the General As-sembly; and WHEREAS, the Department of Natural Resources and Environmen-tal Control have taken steps to purchase a tract of improved land consisting of approximately 14.1087+ acres known as the Madsen Tract located adjacent to Walter S. Carpenter, Jr. State Park near Newark, Delaware; and WHEREAS, appraisals have been completed on the Madsen Tract; and the fair market value for the Madsen Tract is $129,000.00; and WHEREAS, the Department of Natural Resources and Environmen-tal Control entered into an option for the said Madsen Tract for the fair market value, expiring January 28, 1977; and WHEREAS, a land survey will be completed by a registered Delaware land surveyor verifying the tract acreage; and WHEREAS, the tract of land is adjacent to Walter S. Carpenter State Park which will enhance the expansion of recreational and preservation activities in compliance with the park master plan. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The Department of Natural Resources and Environ-mental Control is hereby granted approval by the 129th General Assembly of the State of Delaware, pursuant to Chapter 271, Volume 60, Laws of Delaware, Section 17 to acquire the parcel of 25 26 Chapter 23 land known as the Madsen Tract within Walter S. Carpenter State Park formerly known as White Clay Creek State Park, situated in White Clay Creek Hundred, New Castle County, near Newark, Delaware at the established fair market value plus required closing costs. Section 2. Said purchase shall be made in compliance with Title 29, Chapters 93 and 95, Delaware Code and P. L. 91-646 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Section 3. The purchase price shall be matched with Federal Land and Water Conservation Funds to the fullest extent possible. Approved April 6, 1977. CHAPTER 24 FORMERLY HOUSE BILL NO. 218 AN ACT TO PROVIDE FUNDS FOR THE DESIGN, DEVELOPMENT AND CONSTRUC-TION OF THE DELAWARE AGRICULTURE MUSEUM BY APPROPRIATING AND TRANSFERRING FUNDS FROM THE CAPITAL INVESTMENT FUND TO THE DELAWARE AGRICULTURAL MUSEUM ASSOCIATION; AND FURTHER AUTHO-RIZING AND EMPOWERING THE BOARD OF TRUSTEES OF DELAWARE STATE COLLEGE TO LEASE TEN ACRES OF LAND TO THE DELAWARE AGRICUL-TURAL MUSEUM ASSOCIATION FOR THE SITE OF THE AGRICULTURE MUSEUM; AND FURTHER REPEALING CHAPTER 656, VOLUME 60, LAWS OF DELAWARE. WHEREAS, the General Assembly and the people of Delaware appreciate the contribution of the State's agriculture industry; and WHEREAS, the General Assembly desires to insure that a public museum be established to exhibit and explain the various farming implements, handicrafts and farming skills used in food and farm production; and WHEREAS, a part of the campus of Delaware State College is an ideal location for the Agriculture Museum; and WHEREAS, this land could accommodate the Agriculture Museum; and WHEREAS, the Delaware Agricultural Museum Association, a group of highly esteemed and reputable citizens interested in preserving for posterity, the history of Agribusiness in Delaware is prepared to design, develop and maintain an Agriculture Museum on land controlled by the Board of Trustees of Delaware State College. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each House thereof concurring therein): Section 1. Amend Chapter 656, Volume 60, Laws of Delaware by repealing said Chapter in its entirety. Section 2. Any funds transferred from the Capital Invest-ment Fund to the Division of Historical and Cultural Affairs pur-suant to the provisions of Chapter 656, Volume 60, Laws of Delaware that remain unexpended or unencumbered and all books, records, papers, equipment and all other tangible or intangible property purchased with funds earmarked for the Delaware Agri-culture Museum shall be transferred to the Delaware Agricultural 27 28 Chapter 24 Museum Association not less than thirty days from the effective date of this Act. Section 3. The Delaware Agriculture Museum shall be located on a ten (10) acre site more or less on the campus of Delaware State College. The Board of Trustees of Delaware State College is hereby authorized and empowered to enter into a ninety-nine (99) year lease agreement with the Delaware Agricultural Museum Association for a site location for the Delaware Agriculture Museum. Section 4. The Delaware Agricultural Museum Association through the Board of Trustees of Delaware State College, shall, upon the expiration of the lease agreement authorized herein, have the option to renew the lease for the same period of time and under the same conditions of rental. Section 5. In the event the land leased in accordance with the provisions of this Act permanently cease to be used by the Delaware Agricultural Museum Association for an Agricultural Museum, then all lands leased under the provisions of this Act, including improvements thereon, shall revert to the Board of Trustees of Delaware State College. Section 6. The sum of $1,200,000 is hereby appropriated and transferred, when first available, from the Capital Investment Fund, established by Chapter 62, Title 29, Delaware Code, to the Delaware Agricultural Museum Association to be used exclusively to accomplish the design, development and construction of a Delaware Agricultural Museum. Section 7. The funds hereby appropriated and transferred from the Capital Investment Fund to the Delaware Agricultural Museum Association remaining unexpended or unencumbered four (4) years from the effective date of this Act shall revert to the Capital Investment Fund. Section 8. The Delaware Agricultural Museum Association shall be responsible for the maintenance and operation of the Agriculture Museum. Approved April 8, 1977. CHAPTER 25 FORMERLY SENATE BILL NO. 78 AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE STATE BOARD OF EDUCATION FOR THE TRANSPORTATION REIMBURSEMENT OF PUPILS ATTENDING NON-PUBLIC AND NON-PROFIT SCHOOLS. WHEREAS, appropriations for the transportation of eligible elementary and secondary pupils to non-public and non-profit schools are based on the number of pupils receiving reimbursement for transportation for the preceding school year; and WHEREAS, there has been an increase this year of over 2,000 pupils attending non-public and non-profit schools who are eli-gible for a transportation reimbursement; and WHEREAS, the Department of Public Instruction has determined the need for additional funds to comply with the mandate of §2905, Title 14 of the Delaware Code. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of two hundred fifty-eight thousand dollars ($258,000.00) is hereby appropriated to the State Board of Education for the purpose of providing a transportation reim-bursement for eligible elementary and secondary pupils attending non-public and non-profit schools during the 1976-77 school year. Section 2. This Act shall be known as a supplementary approp-riation and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury from funds not otherwise approp-riated. Section 3. Any funds hereby appropriated which remain unex-pended on June 30, 1977, shall revert to the General Fund of the State Treasury. Approved April 21, 1977. 29 30 CHAPTER 26 FORMERLY SENATE BILL NO. 47 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO OFFICE OF THE COM-MISSIONER, DEPARTMENT OF CORRECTION, FOR CONTINUATION OF THE STAFF TRAINING PROGRAM FOR CORRECTIONAL OFFICERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $41,300 is hereby appropriated to the office of the Commissioner, Department of Correction for the pur-pose of continuing the staff training program for correctional officers. Section 2. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not other-wise appropriated. Section 3. The funds hereby appropriated remaining unexpended or unencumbered as of June 30, 1977 shall revert to the General Fund of the State of Delaware. Approved April 21, 1977. 31 CHAPTER 27 FORMERLY SENATE BILL NO. 172 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE STATE TREASURER FOR REVENUE REFUNDS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of eight million five hundred thousand dollars ($8,500,000.00) is hereby appropriated to the State Treasurer for revenue refund requirements for the fiscal year ending June 30, 1977, which refunds shall be distributed as follows: Section 2. This Act shall be considered a supplementary appropriation and the funds provided herein shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 3. Any funds appropriated herein and unexpended as of June 30, 1977, shall revert to the General Fund of the State of Delaware. Approved April 22, 1977. Personal Income Tax $7,600,000.00 Corporation Income Tax 405,000.00 Other Division of Revenue 68,000.00 School Interest 50,000.00 Fines 1,200.00 Motor Vehicle Division Refunds 2,800.00 Motor Fuel Tax Refunds 324,000.00 Del. Tech. Tuition Refunds 38,000.00 Insurance Refunds 3,000.00 Miscellaneous 8,000.00 $8,500,000.00 32 CHAPTER 28 FORMERLY SENATE BILL NO. 32 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENTS NO. 5 AND 6 AN ACT TO AMEND CHAPTER 9, TITLE 5 OF THE DELAWARE CODE RELATING TO THE FARMERS BANK. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each House thereof concurring therein): Section 1. Amend Chapter 9, Title 5 of the Delaware Code by adding thereto a new section, §935, to read as follows: "§935. Indemnification of Farmers Bank Directors by the State (a) Unless the amounts sought in indemnity are payable under a valid and enforceable insurance policy: (I) The State shall indemnify any director who is not or was not an officer of the Farmers Bank who was or is a party to or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Farmers Bank) by reason of the fact that he was or is a director of the Farmers Bank, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably in-curred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in the best interests of the Farmers Bank and with respect to any criminal action or proceeding, had no reasonable cause to believe his con-duct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, convic-tion, or upon a plea of nob o contendere or its equi-valent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Farmers Bank, and, with res-pect to any criminal action or proceeding, had reaso-nable cause to believe that his conduct was unlawful. (2) The State shall indemnify any person who was or is a director, and who is not or was not an officer of the Farmers Bank, and who was or is a party or is threatened to be made a party to any threatened, pen- Chapter 28 33 ding or completed action or suit by or in the right of the Farmers Bank to procure a judgment in its favor by reason of the fact that he was or is a director of the Farmers Bank against expenses (inoluding attorneys' fees) actually and reasonably incurred by him in con-nection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation and except that no indemni-fication shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the corporation unless and only to the extent that the Court of Chancery or the court in which such action or suit was brought shall determine upon application that, despite the adjudi-cation of liability but in view of all the circumstances of the case, such person is fairly and reasonably en-titled to indemnity for such expenses which the Court of Chancery or such other court shall deem proper. (3) To the extent that a director who is not or was not an officer of the Farmers Bank has been success-ful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections (a)(1) and (2) or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith. Any indemnification under subsection (a) (unless ordered by court) shall be made by the State only as autho-rized in the specific case upon a determination that indem-nification of the directors is proper in the circumstances because the Director has met the applicable standard of con-duct set forth in subsection (a) of this section. Such determination shall be made by a vote of the members of the Farmers Bank Commission at least two-thirds of the members therein concurring. Unless such expenses are payable under a valid and enforceable insurance policy, and upon the recommendation of the Attorney General, reasonable expenses incurred by a director who is not or was not an officer of the Farmers Bank in defending a civil or criminal action, suit or proceeding shall be paid by the State in advance of the final dispo-sition of such action, suit or proceeding in the specific case upon receipt of an undertaking by or on behalf of the director, to repay sudh amount unless it shall ultimately be determined that he is entitled to be indemnified by the cor-poration as authorized by this section. 34 Chapter 28 (d) The indemnification provided by this section shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under the Certificate of Incorporation or By-Laws of the Farmers Bank, agreement, vote of stockholders or disinterested directors or other-wise, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a direc-tor of the Farmers Bank and shall inure to the benefit of the heirs, executors and administrators of such a person. (e) No indemnity or payments shall be furnished pursuant to this Act: for any act or omission which occurred before July 1, 1976; in any amount in excess of $10,000,000.00 for any and all claims hereunder; for any action, suit or proceeding in any court whether in law or equity or otherwise brought after March 31, 1978; until the surplus capital account of the Farmers Bank has been used for indemnification up to the amount of $1,000,000, or, if the Farmers Bank has $1,000,000 or less in such account, until the entire such account has been used for indemnification. (f) For purposes of this section 'director' shall mean any person who is a Director of the Farmers Bank at the time of the effective date of this section or any person who be-comes a director of the Farmers Bank after the effective date of this section. (g) No payment under this Act shall be approved unless the director seeking such payment shall agree that the State be subrogated, to the extent of such payment, to all rights of recovery of such director, and shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the State effectively to bring suit in the name of the State. (h) This statute shall expire and become void on March 31, 1978 unless extended by further Act of the General Assembly. (i) The Farmers Bank shall pay the State of Delaware a premium for the indemnity coverage provided by this Act at a rate that would be commensurate to that paid a private insurance carrier. The rate charged shall be determined by the Insurance Commissioner." Approved April 28, 1977. CHAPTER 29 FORMERLY SENATE BILL NO. 95 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 72, TITLE 16, DELAWARE CODE, RELATING TO LIQUIFIED PETROLEUM GAS CONTAINERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 72, Title 16, Delaware Code by adding thereto a new section to be designated as §7208 to read as follows: "TIM. Ownership of liquified petroleum gas containers Any liquified petroleum gas containers placed upon land, whether aboveground or underground, by a person other than the owner of the land, pursuant to a lease or bailment agree-ment between the owner of the land and the person placing such containers on the land, be and they are hereby declared to be and shall remain movable property during the term of such lease or bailment, and the ownership thereof shall not be affected by the sale, either private or judicial, through foreclosure, execution process or otherwise, of the land upon which they are placed, nor shall the ownership of such containers by the person placing them upon the land be subor-dinate to the rights of any purchase of the land at any such sale." Section 2. The provisions of this Act shall apply to all liquified gas containers placed upon land by a person other than the owner of the land, either prior to or subsequent to the effec-tive date of this Act. Approved April 28, 1977. 35 36 CHAPTER 30 FORMERLY HOUSE BILL NO. 74 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF JUSTICE FOR EXTRADITION EXPENSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of ten thousand dollars ($10,000) is herLoy appropriated to the Department of Justice for expenses for the extradition of fugitives from other states for the fiscal year ending June 30, 1977. Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved April 28, 1977. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Approved April 28, 1977. 37 CHAPTER 31 FORMERLY HOUSE BILL NO. 291 AN ACT TO AMEND CHAPTER 663, VOLUME 60, LAWS OF DELAWARE, RELATING TO PENSION BENEFITS OF CORRECTIONS OFFICERS. Section 1. Amend Section 1, Chapter 663, Volume 60, Laws of Delaware, by striking therefrom the phrase "May 1, 1977", and in-serting in lieu thereof the phrase "July 1, 1978." Section 2. Amend Section 2, Chapter 663, Volume 60, Laws of Delaware, by striking the phrase "April 30, 1977", and inserting in lieu thereof the phrase "June 30, 1978." 38 CHAPTER 32 FORMERLY SENATE BILL NO. 173 AN ACT TO AMEND THE LAWS OF DELAWARE AS THEY RELATE TO STUDENTS VOLUNTARILY TRANSFERRING FROM ONE PUBLIC SCHOOL DISTRICT TO ANOTHER. WHEREAS, the May 19, 1976 Court Opinion and the June 15, 1976 Judgment of the United States District Court for the District of Delaware in the case of Evans v. Buchanan, C.A. Nos. 1816 - 1822 require that initial desegregatory assignments among the inter-mediate and high schools of eleven (11) school districts in New Castle County be made for the September 1977 term of the public schools; and WHEREAS, while the General Assembly will abide by and comply with all applicable Opinions, Orders, Judgments and Decrees of all Courts of competent jurisdiction on questions involving public education as well as on all other questions, including all appli-cable Opinions, Judgments, Orders and Decrees entered in the legal proceeding known as Evans v. Buchanan, nevertheless the General Assembly does not believe that there is any unconstitu-tional segregation of students of any race in the public schools in the State of Delaware; and WHEREAS, the General Assembly therefore most respectfully disagrees with the May 19, 1976 Opinion and with the June 15, 1976 Judgment of the United States District Court for the District of Delaware in the case of Evans v. Buchanan; and WHEREAS, the said Judgment in Evans v. Buchanan is presently on appeal and the General Assembly wholeheartedly supports the appeal which has been taken by the State Board of Education but recognizes that the aforesaid Judgment has the force of law until and unless it is stayed or reversed and the General Assembly recog-nizes that the Judgment may not be reversed prior to September 1, 1977; and WHEREAS, although the General Assembly does not believe that any desegregation should be required by Court Order, Judgment or Decree because the General Assembly does not believe there is any unconstitutional segregation of students in the public schools of Delaware as recited above, nevertheless for as long as there shall remain outstanding and not reversed, modified or stayed applicable Court Orders, Judgments and Decrees which direct desegregation of students in or among any of the public schools of the State of Delaware, the General Assembly will in good faith attempt to com-ply with them; and WHEREAS, whenever there is reference herein to desegregation, it is to be understood that such reference does not in any way Chapter 32 39 imply or suggest that the General Assembly concurs or agrees with the rulings and holdings of the Opinions, Orders, Judgments and Decrees of the Courts in Evans v. Buchanan, but rather such refe-rence is only to the requirement of desegregatory actions imposed by the Court in Evans v. Buchanan and as to which the Court gave to the General Assembly certain limited or restricted authority to be exercised within the limits and on the conditions set by the Court in its Opinions and Orders, Judgments and Decrees, and such reference is without prejudice to the views of the General Assembly as set forth above; and WHEREAS, the General Assembly desires to encourage the deseg-regation required by the Courts by voluntary means to the greatest extent possible so that students and their parents or guardians or other persons who legally stand in place of their parents, will have the greatest possible opportunity to make their own indi-vidual and informed decisions as to the school districts said students will attend when the students are moved for compliance with a Court Order; and WHEREAS, the General Assembly believes that the students and citizens of the State of Delaware, as well as the public school system of the State of Delaware, will all be best served if the desegregation required by the aforesaid Court Opinion and Judg-ment occurs by voluntary means and with no compulsory, mandated or forced transfers of students among the eleven (11) school districts involved, and the General Assembly needs and desires as much information as time permits to determine the extent to which the required desegregation can take place by voluntary means for the September 1977 term; and WHEREAS, there is already an established statutory pattern for voluntary student transfers, subject to approval by the School Board of the receiving district but not the School Board of the sending district, between the eleven (11) school districts in New Castle County directly affected by the Evans v. Buchanan Opinion and Judgment; and WHEREAS, the General Assembly is informed that each of the said eleven (11) public school districts will have varying amounts of empty available "seats" or classroom space in various grades for the school year commencing September 1977; and WHEREAS, the General Assembly is informed that at the present time an application for student transfer may be given preference on racial grounds because the May 19, 1976 Opinion and the June 15, 1976 Judgment in Evans v. Buchanan have placed northern New Castle County in a "remedy" situation, and the General Assembly is further informed that under the current state of judicial decisions, it is not clear whether, if there were no judicial ruling which put northern New Castle County in a "remedy" situ-ation, an application for student transfer could constitutionally 40 Chapter 32 be given preference by the "receiving" district because of the race of the applicant; and WHEREAS, the General Assembly believes that voluntary Court-ordered desegregation may be best encouraged (a) if the local School Boards accept all applications for transfers by applicants who are members of the race which is in the majority for the 1976-1977 school year in the public school district in which they reside and which is in the minority for the 1976-1977 school year in the school district to which they apply for transfers, unless that particular school district can document that a "seat" or classroom space will not be available for such applicant in the grade he would be attending for the school year commencing in 1977, and (b) if the local School Boards reject all applications by applicants who are members of the race which is in the mino-rity for the 1976-1977 school year in the public school district in which they reside and which is in the majority for the 1976- 1977 school year in the school district to which they apply. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. (a) The State Superintendent of Public Instruc-tion shall promptly collect and compile informational data des-cribing and explaining the various educational programs offered in grades 7 through 12, inclusive, in each of the following eleven (11) public school districts located in New Castle County: I. Alexis I. duPont School District Alfred I. duPont School District Claymont School District Conrad Area School District DeLaWarr School District Marshallton-McKean School District Mount Pleasant School District New Castle-Gunning Bedford School District Newark School District Stanton School District Wilmington Public Schools and shall, with the cooperation of the School Boards and profes-sional staffs of said districts, prepare a description indicating which programs offered by each of said districts are considered by such district or by the State Superintendent of Public Instruc-tion to be unique, specialized, of particularly high quality, or to have special or peculiar advantages for all or for certain students, and containing such other information as the State Superintendent of Public Instruction shall have determined to be appropriate to give each student a full understanding of the opportunities available in all eleven (11) school districts, and Chapter 32 41 the State Superintendent of Public Instruction shall have such information prepared in written form for distribution to students in grades 6 through 10, inclusive, in each of said eleven (11) school districts. In preparing the descriptions and explanations the State Superintendent of Public Instruction may set forth guide-lines for the preparation of said descriptions and explanations and permit the School Boards of the eleven (11) districts to pre-pare as much of the final descriptions and explanation as he deems appropriate. The State Superintendent of Public Instruction shall promptly determine the best and most accurate estimates as are available of the number of available "seats" or amount of class-room space each of the aforesaid eleven (11) districts is expected to have for each of the grades 7 through 11, inclusive, for the school year commencing September 1977. The State Superintendent of Public Instruction shall promptly determine and compile data that will indicate the racial mixture of students in each of the grades 6 through 10, inclusive, in each of the schools in each of the eleven (11) said districts for the current school year of 1976-1977. The State Superintendent of Public Instruction shall promptly determine and compile the numbers of students in each of grades 6 through 10, inclusive, in each of the eleven (11) said districts during the current school year of 1976-1977, and shall also promptly determine and compile the most accurate estimates as are available of the expected number of students in each of the grades 7 through 11, inclusive, in each of the eleven (11) said districts for the school year commencing September 1977. The State Superintendent of Public Instruction shall promptly compile such other information and data as he believes will be relevant and material for students and their parents or guardians or other persons who stand legally in the place of their parents, or for the various School Boards, in deciding on the advisability of making or accepting applications for student trans-fers among the eleven (11) said districts for the school year com-mencing September 1977. The State Superintendent of Public Instruction shall collect all of the data and information required by this Act by a date which he shall have determined and included on a Calendar of Voluntary Transfer Dates and shall complete the printed compi-lation and preparation of the information and data which he is to determine, compile and prepare pursuant to this Act by a date which he shall have determined and included on a Calendar of Volun-tary Transfer Dates. The State Superintendent of Public Instruction shall pre-pare and have a supply of printed forms of application for student 42 Chapter 32 transfer among the eleven (11) said districts for grades 7 through II, inclusive, for the school year commencing September 1977, in such form as he shall determine and in such numbers that there will be a copy available for each student in grades 6 through 10, inclusive, in each of the eleven (11) said districts by a date which he shall have determined and included on a Calendar of Voluntary Transfer Dates. The State Superintendent may prepare the application in a form that will permit an appli-cant to apply to more than one district by means of a single appli-cation and that will require an applicant to state an order of preference among districts. By a date determined by the State Superintendent of Public Instruction and included on a Calendar of Voluntary Trans-fer Dates, he or such representatives as he designates from his own staff and the staffs of the local school districts shall visit during regularly scheduled school hours with all teachers and all students in each of the grades 6 through 10, inclusive, in each school in each of the eleven (11) said districts. During and for the purpose of these visits the students and teachers shall be assembled into such groups as the State Super-intendent of Public Instruction or his representatives deem appropriate, and the State Superintendent of Public Instruction or his representatives shall spend a period of time not less than that determined by the State Superintendent of Public Instruction to be adequate with each such group, explaining and describing the voluntary transfer system as authorized by this Act and by 14 Del. C. §§602 and 603, as amended at that time, and shall distribute to each student present a copy of as much of the printed material compiled and prepared by the State Superintendent of Public Instruction pursuant to this Act as the State Superin-tendent of Public Instruction shall have determined to be approp-riate to give each student a full understanding of the opportuni-ties available in all school districts to which he or she is eligible to transfer to among the aforesaid eleven (11) school districts, and also shall distribute a copy of the form of appli-cation for student transfer, giving appropriate instructions for the completion and signing of such applications and the timing for and location for filing and submitting such applications, all of which shall have been determined by the State Board of Educa-tion. By a date which he shall have determined and included on a Calendar of Voluntary Transfer Dates, the State Superintendent of Public Instruction shall distribute by such means as he shall determine to each student's home (I) such printed material as he shall have determined to be appropriate to give each student and parent, guardian or person who legally stands in the place of a parent, a full understanding of the opportunities available in all school districts to which he or she is eligible to transfer among the aforesaid eleven (11) school districts and (2) a copy of the form of application for student transfer, giving approp- Chapter 32 43 rate instructions for the completion and signing of such appli-cations and the timing for and location for filing and submitting such applications, all of which shall have been determined by the State Board of Education. The State Superintendent of Public Instruction shall submit the Calendar of Voluntary Transfer Dates referred to herein to the General Assembly on or before April 29, 1977. The Calendar of Voluntary Transfer Dates shall include an application closing date in May. Notwithstanding the provisions of 14 Del. C. §603, the instructions prepared by the State Superintendent of Public Instruction for completing and filing applications may provide that the applications are to be filed by the date included in the Calendar of Voluntary Transfer Dates as the application closing date. The State Superintendent of Public Instruction shall com-pile data indicating, by race, and by school district of residence, the number of voluntary transfer applicants for each school dist-rict and the number of applicants accepted by each school district and such other information as he deems appropriate, and shall submit said information to the General Assembly by no later than June 15, 1977. (1) The State Superintendent of Public Instruction shall take such actions as he deems appropriate to coordinate the acceptances of voluntary transfer applications in order to minimize unnecessary transportation expense and to eliminate duplication of acceptances. Section 2. For the purpose of complying with the May 19, 1976 Opinion and June 15, 1976 Judgment in Evans v. Buchanan, and in accordance with the following provisions, the School Boards of the aforesaid eleven (11) school districts are hereby required to accept all applications for transfers for the 1977-1978 school year by applicants who are members of the race which is in the majority of the student population for the 1976-1977 school year in the public school district in which they reside and which is in the minority of the student population for the 1976- 1977 school year in the school district to which they apply, unless the school district to which they apply can document that it is not expected to have an available "seat" or available class-room space for such applicant in the grade he would be attending for the school year commencing in 1977: (a) To be eligible for transfer under this Section 2 a student must, on or before the application closing date determined by the State Superintendent of Public Instruction and included on the Calendar of Voluntary Transfer Dates established in accordance with Section 1 of this Act, have submitted a written application to the school district in which he or she desires to attend school and, simultaneously with submitting said application to such school district, must have submitted a copy thereof to the 44 Chapter 32 school board of the school district in which he or she resides. The school district to which application has been made shall endeavor to notify each applicant of its decision, in writing, on or before June 15 of 1977 and shall simultaneously send a copy of its written notification to the school board of the district in which the student resides or has last attended school. Subject to the provisions of this Section 2, the re-ceiving district shall receive transfers under the provisions of this section on a first come, first served, space available basis. The capacity of any school building shall be the capacity deter-mined by the State Board of Education. Approval for transfer is not required by the sending district. Unless otherwise ordered by a Court of proper jurisdic-tion or by statutory definition, "majority" shall mean at least 51%. Racial groups shall be identified in accordance with the standard identifications used for research purposes by the State Board of Education. The provisions for computing, billing, collecting, and paying of tuition shall be followed as described in Chapter 6, Title 14, Delaware Code, as amended, and tuition shall be paid by the sending district. Transportation for students transferred under provisions of this section may be provided by rules and regulations of the State Board of Education. Section 3. Notwithstanding anything in the laws of Delaware to the contrary, the school boards in the aforesaid eleven (11) school districts shall not accept the voluntary transfer appli-cations filed on or before May 31, 1977 by applicants who are members of the race which is in the minority of the student popu-lation for the 1976-1977 school year in the public school district in which they reside and which is in the majority of the student population for the 1976-1977 school year in the school district to which they apply. Section 4. Amend Section 603 (c), Chapter 6, Title 14, Delaware Code, as heretofore amended, by striking the words "August 1 of 1976 or July 1 of any subsequent calendar year" as they appear in said subsection and by substituting in lieu thereof the following words: "May 31 of 1977 or May 1 of any subsequent calendar year". Chapter 32 45 Section 5. Amend Section 603 (c), Chapter 6, Title 14, Delaware Code, as heretofore amended, by striking the words "on or before August 20 of 1976, in the case of an application made on or before August 1, 1976, and on or before August 1 of the same calendar year in which the application is made, in the case of any calendar year subsequent to 1976" as they appear in said subsection and by substituting in lieu thereof the following words: "on or before June 13 of 1977, in the case of an application made on or before May 31 of 1977, or on or before June 1 of the same calendar year in which the application is made, in the case of any calendar year subsequent to 1977". Section 6. Amend Delaware Code, Title 14, Chapter 6, Section 603, by adding to that Section a new subsection (f) as follows: "(f) When a student has transferred to a new district pursuant to the voluntary transfer provisions, the sending district shall immediately upon request of the receiving district transfer the student's records to the receiving district." Approved May 3, 1977. 46 CHAPTER 33 FORMERLY HOUSE BILL NO. 40 AN ACT TO AMEND CHAPTER 5, PART I, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE; AND PROVIDING PENALTIES FOR THE PROMOTION OF PROSTITUTION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §1351, Chapter 5, Part I, Title 11 of the Delaware Code by striking the words "A misdemeanor" as the same appear in the second paragraph of said section, and substituting the words "E felony" in lieu thereof. Section 2. Amend §1352, Chapter 5, Part I, Title 11 of the Delaware Code by striking the words "class E" as the same appear in the second paragraph of said section, and substituting the words "class D" in lieu thereof. Section 3. Amend §1353, Chapter 5, Part I, Title 11 of the Delaware Code by striking the words "class C" as the same appear in the second paragraph of said section, and substituting the words "class B" in lieu thereof. Approved May 5, 1977. CHAPTER 34 FORMERLY SENATE BILL NO. 171 AN ACT TO AMEND CHAPTER 74, TITLE 3, DELAWARE CODE, RELATING TO THE DIAGNOSIS AND TESTING EXPENSES OF THE EQUINE INFECTIOUS ANEMIA PROGRAM. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 67404, Chapter 74, Title 3, Delaware Code by striking said section in its entirety, and inserting in lieu thereof a new 67404 to read as follows: "67404. Diagnosis and testing; expense The testing and diagnosis of any equine suspected of having Equine Infectious Anemia shall be by the standard 'agar gel immuno-diffusion test' or by such other procedures as prescribed by the Department, and the cost thereof borne by the owner." Section 2. All charges made by the Department since July 1, 1971 for diagnosis of equine infectious anemia are hereby rati-fied and approved. Approved May 5, 1977. 47 48 CHAPTER 35 FORMERLY HOUSE BILL NO. 70 AN ACT TO AMEND CHAPTER 5, TITLE 11, DELAWARE CODE, RELATING TO SHOPLIFTING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 5, Title 11, Delaware Code by striking the number "21" in subsections (c) and (d) of Section 840 and inserting in lieu thereof the number "18". Approved May 7, 1977. 49 CHAPTER 36 FORMERLY CHAPTER NO. 11 AN ACT TO AMEND CHAPTER 55, TITLE 29, DELAWARE CODE, RELATING TO STATE EMPLOYEES' PENSION PLAN. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend subsection (d) of Section 5532, Chapter 55, Title 29, Delaware Code, by striking the following words in their entirety from the first paragraph of said subsection: "to an individual who is 60 years of age or older" Section 2. This Act shall be deemed effective at the same time and date as Chapter 483, Volume 60, Laws of Delaware. Approved May 7, 1977. 50 CHAPTER 37 FORMERLY SENATE BILL NO. 175 AN ACT AUTHORIZING THE DEPARTMENT OF INSURANCE TO TRANSFER BETWEEN LINES. WHEREAS, the Department of Insurance has insufficient General Fund appropriations in certain lines; and WHEREAS, the authority to make certain transfers within various lines would preclude the need for an additional supple-mental appropriation. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The Department of Insurance is hereby authorized, with the approval of the Budget Director, to transfer between the following lines to meet financial requirements for the remainder of fiscal year 1977. From Malpractice Account, Line 82 - $9,229.00 to the following lines: Line 40 Travel $ 650.00 Line 50 Other Contractual Services 3,410.00 Line 50 Telephone 4,791.00 Line 70 Capital Outlay 378.00 TOTAL $9,229.00 Section 2. This authority expires on June 30, 1977. Approved May 10, 1977. CHAPTER 38 FORMERLY HOUSE BILL NO. 312 AN ACT TO PERMIT THE MARRIAGE OF TWO DELAWARE CITIZENS PRIOR TO THE EXPIRATION OF TWENTY-FOUR (24) HOURS FROM THE ISSUANCE OF THE MARRIAGE LICENSE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Notwithstanding any provision of Chapter 1 of Title 13 of the Delaware Code, or any other law of this State to the contrary, the Clerk of the Peace for New Castle County shall on May 11, 1977 issue to Charles Leon Alexander, born 5/24/55, and Susan Carol Swift, born 9/28/55, an official marriage license that will entitle them to be married on that date or within thirty (30) days thereafter. Approved May 11, 1977. 51 52 CHAPTER 39 FORMERLY HOUSE BILL NO. 180 AN ACT AGREEING TO A PROPOSED AMENDMENT TO ARTICLE V. SECTION 4A. OF THE CONSTITUTION OF THE STATE OF DELAWARE TO PERMIT A REGISTERED VOTER TO VOTE AN ABSENTEE BALLOT IF THE VOTER IS ON VACATION. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 128th General Assembly as follows: "AN ACT PROPOSING AN AMENDMENT TO ARTICLE V. SECTION 4A. OF THE CONSTITUTION OF THE STATE OF DELAWARE TO PERMIT A REGISTERED VOTER TO VOTE AN ABSENTEE BALLOT IF THE VOTER IS ON VACATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of the members elected to each branch thereof concurring therein): Section 1. Article 5, Section 4A. of the Constitution of the State of Delaware of 1897 is amended by inserting after the words 'physical disability,' and before the words, 'may cast a ballot,' the following words: 'or because of his or her absence from the district while on vacation"; and WHEREAS, the said proposed amendment was agreed to by two-thirds of all of the members elected to each branch in the said 128th General Assembly. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all the members elected to each branch thereof concurring therein): Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution. Approved April 28, 1977. CHAPTER 40 FORMERLY SENATE BILL NO. 203 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 691, VOLUME 60, LAWS OF DELAWARE, KNOWN AS THE "ANNUAL CAPITAL IMPROVEMENTS ACT OF 1977" AND CHAPTER 719, VOLUME 60, LAWS OF DELAWARE, WHICH AUTHORIZED THE TRANSFER OF FUNDS FROM THE SCHOOL BOND REVERSION ACT TO THE DEPARTMENT OF CORRECTION, FOR THE PURPOSE OF AUTHO-RIZING THE DEPARTMENT OF CORRECTION TO USE CERTAIN FUNDS FOR SPECIFIED PRISON CONSTRUCTION AND RENOVATION PROJECTS. WHEREAS, the Capital Improvement Act of 1977 provided funds in the amount of $500,000 to the Department of Correction for the purpose of planning, engineering and feasibility study for the placement of a Women's Correctional Institution; and WHEREAS, this study has been completed and there remains a surplus of $353,000 in the appropriation; and WHEREAS, Chapter 719, Volume 60, Laws of Delaware, known as Senate Bill 867, authorized the transfer of the sum of $400,000 from the School Bond Reversion Account to the Department of Cor-rection for the erection of six (6) guard towers equipped with lights and other protective devices at the Delaware Correctional Center; and WHEREAS, there remains $374,000 in this appropriation, which amount is insufficient to complete the projects for which the monies were transferred; and WHEREAS, these funds can be better utilized to complete certain construction projects and to undertake other security methods at Delaware Correctional Center and Sussex Correctional Institution. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all the members elected to each House thereof concurring therein): Section 1. Funds appropriated by Chapter 691, Volume 60, Laws of Delaware, and designated in the 1977 Annual Capital Projects Schedule to be used for the planning, engineering, and feasibility study for the placement of a Women's Correctional Institution shall be used for the following purposes, not to exceed the amounts set forth: 53 54 Chapter 40 Sussex Correctional Institution Renovation of facilities - $125,000 Conversion of work release housing to medium security housing - 136,000 Delaware Correctional Center Rick wells replacement - Construction of dog kennels - Section 2. Funds appropriated by Chapter 719, Volume 60, Laws of Delaware, to the Department of Correction for the erec-tion of six (6) guard towers equipped with lights and/or the installation of protective or electronic devices at Delaware 18,400 25,000 $304,400 Correctional Center shall be used for the following projects at Delaware Correctional Center, not to exceed the amounts set forth: Fencing, gates and sally ports $165,324 High-intensity fence lights, light posts and footings 45,600 New concertina wire 36,000 Roadway and sidewalks 53,000 $299,924 Approved May 13, 1977. CHAPTER 41 FORMERLY SENATE BILL NO. 28 AS AMENDED BY SENATE AMENDMENTS NO. 1, 2, 9 AND HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 42 OF TITLE 11, DELAWARE CODE, RELATING TO THE METHOD; PUNISHMENT, AND REVIEW OF PUNISHMENT FOR FIRST DEGREE MURDER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 4209 of Chapter 42, Title 11, Delaware Code, by striking said section in its entirety and sub-stituting in lieu thereof a new Section 4209 to read as follows: "§4209. Punishment, procedure for determining punishment, review of punishment, method of punishment for first degree murder 55 Punishment for First Degree Murder. Any person who is convicted of first degree murder shall be punished by death or by imprisonment for the remainder of his or her natural life without benefit of probation or parole or any other reduction, said penalty to be determined in accordance with the provisions of this section. Separate Hearing on the Issue of Punishment for First Degree Murder. Upon a conviction of guilt of a defen-dant of first degree murder, the Superior Court shall conduct a separate hearing to determine whether the defendant should be sentenced to death or to life imprisonment without bene-fit of probation or parole as authorized by subsection (a) of this section. If the defendant was convicted of first degree murder by a jury, this hearing shall be conducted by the trial judge before that jury as soon as practicable after the return of the verdict of guilty. Alternate jurors shall not be excused from the case prior to submission of the issue of guilt to the trial jury and shall remain separately sequestered until a verdict on guilt is entered. If the verdict of the trial jury is guilty of first degree murder said alternates shall sit as alternate jurors on the issue of punishment. If, for any reason satisfactory to the Court, any member of the trial jury is excused from participation in the hearing on punishment, the trial judge shall replace said member(s) with said alternate(s). If a jury of twelve jurors cannot participate in said hearing a separate and new jury, plus alternates, shall be selected for said hearing in accordance with the applicable rules of the Superior Court and laws of Delaware, unless the defendant(s) and the State 56 Chapter 41 stipulate to the use of a lesser number of said jurors. If the defendant was convicted of first degree murder by the Court, after a trial and waiver of a jury trial or after a plea of guilty or nob o contendere, this hearing shall be conducted by the trial judge before a jury, plus alter-nates, empaneled for that purpose and selected in accordance with the applicable rules of the Superior Court and laws of Delaware, unless said jury is waived by the State and the defendant in which case the hearing shall be conducted, if possible, by and before the trial judge who entered the finding of guilty or accepted the plea of guilt or nob o con-tendere. (c) Procedure at the Punishment Hearing. The sole determination for the jury or judge at the hearing provided for by this section shall be the penalty to be imposed upon the defendant for the conviction of first degree murder. At the hearing, evidence may be presented as to any matter that the Court deems relevant and admissible to the penalty to be imposed. Said evidence shall include matters relating to any mitigating circumstance and to any aggravating circum-stance, including, but not limited to, those aggravating circumstances enumerated in subsection (e) below. Provided that notice in writing of any aggravating circumstances and any mitigating circumstances shall be given to the other side by the party seeking to introduce evidence of such cir-cumstances prior to the punishment hearing, and after the verdict on guilt, unless in the discretion of the Court such advance notice is impracticable. The record of any prior criminal convictions and pleas of guilty or pleas of nobo contendere of the defendant or the absence of any such prior criminal convictions and pleas shall also be admissible in evidence. At said hearing the Court shall pernat argument by the State, the defendant and/or his counsel, on the punishment to be imposed. Said argument shall consist of opening state-ments by each, unless waived, opening summation by the State, rebuttal summation by the defendant and/or his counsel and closing summation by the State. Upon the conclusion of the evidence and arguments the judge shall give the jury appropriate instructions and the jury shall retire to determine the punishment to be imposed. In the instructions to the jury the Court shall include instructions for it to weigh and consider any mitigating circumstances or aggravating circumstances and any of the statutory aggravating circumstances set forth in subsection (e) of this section which may be raised by the evidence. The jury shall be instructed to weigh any mitigating factors Chapter 41 57 against the aggravating factors. (d) Determination of Sentence. A sentence of death shall not be imposed unless the jury or judge, where approp-riate, finds: beyond a reasonable doubt at least one statu-tory aggravating circumstance; and unanimously recommends, after weighing all relevant evidence in aggravation or mitigation which bears upon the particular circumstances or details of the commission of the offense and the character and propensities of the offender, that a sentence of death be imposed. Where the jury, or judge when applicable, submits such a finding and recommendation, the Court shall sentence the defendant to death as provided by subsection (f) below. A finding by the jury of a statutory aggravating circumstance, and a consequent recommendation of death, supported by the evidence, shall be binding on the Court. Refusal or failure of the Court to follow the jury's recommendation for any reason shall be appealable by the State as of right to the Supreme Court within thirty days after imposition of sentence. If the jury, or judge when applicable, cannot unani-mously find that at least one statutory aggravating circum-stance exists and cannot unanimously recommend death, the Court shall sentence the defendant to life imprisonment without benefit of probation or parole. (e) Aggravating Circumstances. In order for a sentence of death to be imposed, the jury, unanimously, or judge when applicable, must find that the evidence established beyond a reasonable doubt the existence of at least one of the fol-lowing aggravating circumstances which shall apply with equal force to accomplices convicted of such murder: The murder was committed by a person in, or who has escaped from, the custody of a law enforcement officer or place of confinement. The murder was committed for the purpose of avoiding or preventing an arrest or for the purpose of effecting an escape from custody. The murder was committed against any law en-forcement officer, corrections employee or fireman, while such victim was engaged in the performance of his official duties. 58 Chapter 41 The murder was committed against a judicial officer, a former judicial officer, Attorney General, former Attorney General, assistant or deputy attorney general or former assistant or deputy attorney general, State Detective or former State Detective, Special Investigator or former Special Investigator, during, or because of, the exercise of his official duty. The murder was committed against a person who was held or otherwise detained as a shield or hostage. The murder was committed against a person who was held or detained by the defendant for ransom or reward. The murder was committed against a person who was a witness to a crime and who was killed for the purpose of preventing his appearance or testimony in any grand jury, criminal or civil proceeding involving such crime. The defendant paid or was paid by another person or had agreed to pay or be paid by another person or had conspired to pay or be paid by another person for the killing of the victim. The defendant was previously convicted of another murder or manslaughter or of a felony involving the use of, or threat of, force or violence upon another person. The murder was committed while the defendant was engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any degree of rape, arson, kidnapping, robbery, sodomy or burglary. The defendant's course of conduct resulted in the deaths of two or more persons where the deaths are a probable consequence of the defendant's conduct. The murder was committed by means of torture, use of an explosive device or poison, or the defendant used such means on the victim prior to murdering him. The defendant caused or directed another to commit murder or committed murder as an agent or em-ployee of another person. The murder was outrageously or wantonly vile, horrible or inhuman. Chapter 41 59 The defendant was under a sentence of life imprisonment, whether for natural life or otherwise, at the time of the commission of the murder. The murder was committed for pecuniary gain. The victim was pregnant. The victim was severely handicapped, severely disabled or elderly. The victim was defenseless. In any case where the defendant has been convicted of murder in the first degree in violation of any provision of 11 Del. C. §636 (a)(2)-(7), that conviction shall establish the existence of a statutory aggravating circumstance and the jury, or judge where appropriate, shall be so instructed. This provision shall not preclude the jury, or judge where applicable, from considering and finding the statutory aggravating circumstances listed in this subsection and any other aggravating circumstances established by the evidence. Method and Imposition of the Sentence of Death. The imposition of a sentence of death shall be upon such terms and conditions as the trial court may impose in its sentence, including the place, the number of witnesses and conditions of privacy. Punishment of death shall, in all cases, be inflicted by hanging by the neck and the carrying out of such sentence may not be carried out until final re-view of such sentence is had by the Delaware Supreme Court as provided for in subsection (g) of this section. The Court or the Governor may suspend the execution of the sen-tence until a later date to be specified, solely to permit completion of the process of judicial review of said convic-tion. Automatic Review of the Death Penalty by the Delaware Supreme Court. (1) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the recommendation on and imposition of that penalty shall be reviewed on the record by the Delaware Supreme Court. Absent an appeal having been taken by the defendant upon the expiration of thirty (30) days after the sentence of death has been imposed, the Clerk of the Superior Court shall require a complete transcript of the punish-ment hearing be prepared promptly and within ten (10) days after receipt of that transcript he shall transmit the transcript, together with a notice prepared by him, to the Delaware Supreme Court. The notice shall set 60 Chapter 41 forth the title and docket number of the case, the name of the defendant, the name and address of any attorney, a narrative statement of the judgment, the offense, and thb punishment prescribed. The Court shall, if necessary, appoint counsel to respond to the State's positions in the review proceedings. (2) The Supreme Court shall limit its review under this section to the recommendation on and imposition of the penalty of death and shall determine: whether, considering the totality of evi-dence in aggravation and mitigation which bears upon the particular circumstances or details of the offense and the character and propensities of the offender, the death penalty was either arbi-trarily or capriciously imposed or recommended, or disproportionate to the penalty recommended or imposed in similar cases arising under this Act; whether the evidence supports the jury's or judge's finding of a statutory aggravating cir-cumstance as enumerated in subsection (e) of this section and, where applicable, 11 Del. C. §636 (a)(2)-(7). (3) The Supreme Court shall permit the defendant and the State to submit briefs within the time provided by the Court, and permit them to present oral argument to the Court. (4) With regard to review of the sentence in accor-dance with this subsection, the Court shall: affirm the sentence of death, or in cases where the trial court erroneously rejected the jury's recommendation of that sentence, remand with directions to reinstate the jury's recommendation and to impose the penalty of death; set aside the sentence of death and remand for correction of any errors in said hearing and for imposition of the appropriate penalty. Said errors shall not affect the determination of guilt and shall not preclude the reimposition of death where appropriately determined after a new hearing on punishment; set forth its findings as to the reasons for its actions. Chapter 41 61. (h) Ordinary Review not Affected by this Statute. Any error in the guilt phase of the trial may be raised as provided by law and rules of Court and shall be in addition to the review of punishment provided by this section." Section 2. All offenses committed and all prosecutions com-menced under the provisions of this Act prior to the effective date of this Act shall remain punishable and shall be prosecuted as previously provided and this Act shall not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this Act. Section 3. If any provision of this Act or the application thereof to any person or circumstance, including any one or more of the enumerated instances which constitute first degree murder is held unconstitutional or otherwise invalid, such unconstitu-tionality or invalidity shall not affect any other provision or application of this Act, and to that end the provisions of this Act are declared to be severable. Section 4. This Act shall become effective upon the signa-ture of the Governor. Approved May 14, 1977. 62 CHAPTER 42 FORMERLY SENATE BILL NO. 100 AN ACT TO AMEND AN ACT, BEING CHAPTER 63, VOLUME 12, LAWS OF DELAWARE, ENTITLED "AN ACT TO INCORPORATE THE ARTISANS' SAVINGS BANK", BY AMENDING SECTION 2 THEREOF TO PROVIDE FOR THE ELECTION OF NOT LESS THAN THIRTEEN NOR MORE THAN TWENTY DIRECTORS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all the members elected to each House thereof concurring therein): Section 1. Amend Chapter 63, Volume 12, Laws of Delaware, by striking Section 2 thereof in its entirety and substituting a new Section 2, which shall read as follows: "Section 2. That the said corporation shall annually on the second Tuesday in February in the City of Wilmington or at such other time or place as the By-laws may appoint, elect by ballot from the members of said corporation not less than thirteen nor more than twenty Directors, said number to be determined each year at the last meeting of the Board of Directors held prior to giving notice to the members of the corporation of the annual meeting, the number of Directors to be divided into three classes, the number in each class to be as near one-third of the total number of Directors as possible and at each annual meeting one class, i.e. one-third of the number of Directors shall be elected for a three-year term. The Directors, during their term of office, shall have the sole management and direction of the affairs of said corporation. They shall elect one of their number to be President and elect one or more Vice Presidents, one of whom shall be a Director, and shall also appoint a Treasurer and a Secretary, and such other officers as may be necessary for the conducting of the business of the corporation. The Directors may, by resolution passed by a majority of the whole Board, designate and name one or more committees, each committee to consist of three or more of the Directors of the corporation, which to the extent provided in the By-laws of the corporation shall have and may exercise the powers of the Board of Directors in the management of the business and affairs of the corporation and may authorize the seal of the corporation to be affixed to all papers which may require it. The Directors shall have power to fill vacancies in their own body and to make such By-laws and Regulations for the government of the corpo-ration as they may deem expedient and to repeal or amend the same at pleasure. Provided that no such By-laws or Regulations shall be repugnant to the Constitution of Laws of this State or of the United States." Approved May 17, 1977. 63 CHAPTER 43 FORMERLY HOUSE BILL NO. 18 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AUTHORIZE AND DIRECT THE TRANSFER OF THE PROPERTY FOR-MERLY USED BY THE DEPARTMENT OF TRANSPORTATION FOR STATE POLICE TROOP NUMBER TWO TO THE WILMINGTON MANOR VOLUNTEER FIRE COMPANY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The transfer and conveyance of the following described State real property to the Wilmington Manor Volunteer Fire Company for the consideration of one dollar ($1.00) is hereby specifically approved: All that certain tract, parcel, or parcels of land with the improvements erected thereon, situated in the State Road Area, New Castle County, and the State of Delaware, on the westerly side of the duPont Parkway, used currently under an agreement with the Department of Trans-portation by the Wilmington Manor Volunteer Fire Company, and formerly used for the State Police Troop Number Two. Section 2. The Governor and the Department of Adminis-trative Services are authorized and empowered to execute and deliver to the Wilmington Manor Volunteer Fire Company a good and sufficient deed transferring and conveying the above des-cribed real property to the Wilmington Manor Volunteer Fire Company subject to the following conditions to be recited in the deed transferring title: If the Wilmington Manor Volunteer Fire Company should no longer have need for the above described real property or no longer use the above described real property in conjunction with the operation, activities or maintenance of the said fire company or if the said fire company should no longer own the adjoining property; then, in either event, said real property shall revert to the State of Delaware. If at any time the Division of Highways should need any portion of the above described real property for right-of- way due to highway improvements, said needed lands to-gether with any permanent improvements, buildings or appurtenances located thereon or fixtures affixed thereto shall revert to the State of Delaware. Approved May 17, 1977. 64 CHAPTER 44 FORMERLY HOUSE BILL NO. 222 AN ACT TO AMEND CHAPTER 51, 'TITLE 30, DELAWARE CODE, RELATING TO MUNICIPAL STREET AID. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §5165, Chapter 51, Title 30, Delaware Code, by striking all of subsection (b)(1) and inserting in lieu thereof the following: "(1) Furnish evidence annually to the State Treasurer that the municipal employees authorized to expend municipal streed aid funds are bonded in an amount as may be required by the Charter of the municipality." Approved May 17, 1977. 65 CHAPTER 45 FORMERLY HOUSE BILL NO. 209 AN ACT TO AMEND CHAPTER 3, PART I, TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE SONG. WHEREAS, in accordance with House Joint Resolution No. 5 of the 120th General Assembly, the Governor was authorized to appoint "a committee of responsible and knowledgeable citizens" to con-duct a competition for the purpose of selecting a fourth verse to the State Song; and WHEREAS, the State Song originally had only three verses, one for each county, and it was the opinion of the Committee that the fourth verse should apply to the State as a whole; and WHEREAS, a verse written by Donn Devine was selected by the Committee for use with the State song on a trial basis, and has proven satisfactory and popular for over fifteen years. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 6303, Chapter 3, Part I, Title 29 of the Delaware Code by striking said section in its entirety, and sub-stituting in lieu thereof the following: "6303. State Song The official State Song shail consist of the poem Our Delaware containing three verses, each verse in honor of a county of this State, written by George B. Hynson; a fourth verse in praise of the State and pled-ging the loyalties of its citizens, written by Donn Devine; and a musical score composed specifically for the State Song by Will M. S. Brown." Section 2. The song Our Delaware, as shown on a sheet attached to this Act, shall be printed in the Laws of Delaware with this Act and shall be the official form and model for the words and music of the State Song. Approved May 17, 1977. 2 Words by GEO. B. HY NSO N. Nfocivrat 0. OUR DELAWARE. I. Oh the hills of dear New (as. de. Ann the stnil . trig sales 6(.4,4.'11. \Viten the 2. Where the wheat fields break and hi! . low, In the rsatv.I id land of Kent. Where the 1 Dear old Sos se, ii. sititti iii. ger, Of the hol Is and the Of 'len Front New Ca. tie's rol ling mead ows. I I ttttt igh the fad rich fields of Kent. I.. the corn., all in tat set. And dn. tnead . ou lands Al t green: Where the toll rise. I. ho, pd ito.. With the hirs top oti t011 it-Ill; Wilt, the to pens Jet. Ord /mg . cr. Flash nig too a t rot.. the brow/ Of the Sus sex shores hear cc ii . ot s. Of the pledge tt. now pr. sent: I ill Cr cat de crop the tlo try, And its breath is in the am A'hole the bloom that ont. the peach es. Cheeks of trier rs maid, Its shirt. And the gar dens and the heti gest And the on ono wait tug there. I'M' the ty and In de pen dent,. %Ye lard %oh Ito al tare, And hold 1h...a untliorcrd Ir. /In 20,/, Grego rat on mill, nu a neat boo. nrdo ne I ttttt n .r1. non ononotter Music by WILL M. S. BROW N. 3 son is shin irig o VC( 0011 land tilt, rot preach es loy al son ilia pledg es fast to free clout's pres ence, Our he . lot eel A re once . tog Del Faith to good old Del In our Ironic state on ( /WRVS Tempo di March. Oar Delaware - 2. roll. I_M rM/..O11il1 W= Inn ,I1,1M11 IWW, W =111 . 1 ,/1=MI M WW. Oh, our Del iN/1 Ma ./11 .0/ MO= gr.r=111111=, IMVV 171WW, . a ware! Our be lov . da. Mr, Co IMI,/00 SI AO 10 Alm= ed Del as. are! For the sun is shining _,-,.- -, . I=. JrI .eNI l IMM.O./.. .16..! IS BL. 1."111,0011, 1N1MO nit In MN, M., a 01.. .w. AMINE rI I MOM , .... ig_=r.= = .0.=01,.....111=11........... 11111111ww, Mb. ". .=: E1MMIE.N, 11. 111 ..........dl :=... 1MMI MEIN IM, /WOW AI,IL1171 VIA 711:Mr=1,11...... 111.1 MU 1111 Z.N ,111:, M1I1 =I1! =141110 11 MIN ti =11WW -....1 OM MIMI e a, . .1 W CO Of MEN li-.IYI 0. ye, our he lot- . cd Del - a . ware. Oh! Del .a ware! Our be-loved _i,_. mom .......S,J"1 111M== ...41WWWW ...= I WI FIMY We Z.1111,41 _ r.o=0 .1IM. IN 1 . OM ^4111, 10,11,21, .D...I..S.., IIMIIIMIN MIL : IM _________ _. ,IM, IIM INN 11...1111= Ill /WOE MI =11261 MO ,M111 N. I 19 MIME. 1,^1=1.-.11-- MI NE. "1,=11 .... M IMMi 1_,A=IN IM1111. M7111, r44.6=sa="). =vo....1.1=.= ....Imre.. 1wor1ww.w. a.n imal 24 NW WW=Il SI MI /1=1111M 1. ,.. WI111 Delaware! Here. the loy al son that pledg.es. Faith to good old . IT\ , .,, Del /.7 1 111. a ware. sra A. ..1111=1.1 7....% .......Wr =W.f.. MO 111M08l1i.1aIT, M1 W . NW" At I "rs I1 rall. .=0 al I NI 1 =a, ,-.1I... O"M ' ''' =CZ.7".." -4.11111 1- UM= P ..... ./WIWI OM.. /M, .11, NWT'. i . ........, 1!.=!,111=11 66 CHAPTER 46 FORMERLY HOUSE BILL NO. 219 AN ACT TO AMEND CHAPTER 9, TITLE 29, DELAWARE CODE, RELATING TO LEGISLATIVE JOURNALS BY SIMPLIFYING PRINTING REQUIREMENTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. §905, Title 29, Delaware Code, is hereby amended by r:riking subsection (a) and enacting and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The legislative journals shall be published following each general election for the two year period immediately preceding such election and the pages shall be six (6) inches by nine (9) inches." Section 2. §905(b), Title 29, Delaware Code, is hereby amended by striking the numeral "5" as it appears in the second line thereof and by enacting and inserting in lieu thereof the numeral "3", and by striking the words "and set forth in bold face type" at the end thereof and by enacting and inserting a period in lieu thereof. Section 3. §905, Title 29, Delaware Code, is hereby amended by repealing and striking subsection (d) thereof in its entirety. Approved May 17, 1977. 67 CHAPTER 47 FORMERLY HOUSE BILL NO. 203 AN ACT TO AMEND CHAPTER 43, TITLE 21, DELAWARE CODE RELATING TO CHANGES IN THE HEIGHT OF SCHOOL BUS FLASHING LIGHTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §4364 of Chapter 43, Title 21, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following: 4364. Flashing Lamps Every school bus must be equipped with two (2) amber and two (2) red lamps at the rear of the vehicle, and two (2) amber and two (2) red lamps at the front of the vehicle, which shall be controlled by a manually actuated switch, and when actuated shall flash alter-nately at the rate of 60 to 120 cycles per minute. The red lamps must be mounted at the same horizontal level with the top of the red lens not less than 84 inches above the road surface. The adjacent amber lens shall be mounted inboard of the red lens and shall be posi-tioned either level with the red lens or with the top of the amber lens not more than two (2) inches above the tope of the red lens. It shall not be positioned below the red lens. Lamps shall be sealed beam units at least 5 1/2 inches in diameter and shall have suffi-cient intensity to be visible at 500 feet in normal sunlight." Approved May 17, 1977. 68 CHAPTER 48 FORMERLY HOUSE BILL NO. 204 AN ACT TO AMEND CHAPTER 43, OF TITLE 21, DELAWARE CODE RELATING TO CHANGES IN MINIMUM SCHOOL BUS SIZE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §4363 of Chapter 43, Title 21, Delaware Code by striking subsection (b) of said section in its entirety and substituting in lieu thereof a new subsection to read as follows: "(b) Every school bus body excluding mirrors shall have a minimum width of 75 inches and a minimum height of 79 inches from the road surface to the top of the roof." Approved May 17, 1977. CHAPTER 49 FORMERLY HOUSE BILL NO. 16 AN ACT TO AMEND CHAPTER 381, VOLUME 59 , LAWS OF DELAWARE, ENTI-TITLED "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", FORMERLY HOUSE BILL NO. 750. WHEREAS, in February of 1974, the Federal-State Highway Safety Coordinator received an increase in salary due to a pro-motion approved by the Governor and State Personnel. However, because the approval of the salary increase payable from Federal Funds was authorized prior to the enactment of the fiscal year 1975 Budget Act, it was inadvertently omitted from the Budget Act; consequently, the Budget Act only reflected that amount which he had been receiving from Federal and State Funds prior to the approval of his increase; and WHEREAS, the United States Department of Transportation approved of Mr. Nedwick's salary increase payable from Federal Funds for fiscal year ending June 30, 1975; and WHEREAS, during the audit of the Office of Federal-State Highway Safety conducted by the State Auditor of Accounts, it was disclosed that the Federal-State Highway Safety Coordinator, Mr. Walter E. Nedwick, had received salary and wage payments in the amount of $1,175 in excess of the Federal Funds amount re-flected in the fiscal year 1975 Budget Act; and WHEREAS, the amount of funds reflected in said Budget Act resulted in a misunderstanding for which the employee is not responsible; and WHEREAS, the employee was unaware that his salary increase was not properly reflected in the Budget Act. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 1 of Chapter 381, Volume 59, Laws of Delaware, by striking the words "All other funds--$8,600).... $8,600" in their entirey as they appear in Sectionl of said Chapter under the caption "(10-06-000) Federal-State Highway Safety Coordinator", and substituting in lieu thereof the follow-ing: "All other Funds--$9,775)....$8,600". Approved May 18, 1977. 69 70 CHAPTER 50 FORMERLY SENATE BILL NO. 200 AN ACT TO AUTHORIZE EXPENDITURE FROM THE EDUCATIONAL CONTINGENCY FUND. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The State Board of Education is authorized to charge to the Educational Contingency Fund an amount of $15,000 to meet the costs of the Voluntary Student Transfer Plan as described in Senate Bill No. 173 of the 129th General Assembly of the State of Delaware. Approved May 19, 1977. CHAPTER 51 FORMERLY SENATE BILL NO. 186 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REINCORPORATE THE CITY OF LEWES", BEING CHAPTER 170, VOLUME 57, LAWS OF DELAWARE, BY CONFERRING UPON THE CITY COUNCIL CERTAIN POWERS RELATING TO THE TAXATION OF REAL ESTATE TRANSFERS WITHIN THE CITY OF LEWES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all of the members elected to each branch thereof concurring therein): Section 1. Amend Section 37, Chapter 170, Volume 57, Laws of Delaware by redesignating all of the existing Section as "37 A" and adding thereto a new subsection to be designated as subsection 37 B which new subsection shall read as follows: "REAL ESTATE TRANSFER TAX Section 37B. a. The City Council of The City of Lewes, in addition to the powers now conferred, shall have the power and authority by ordinance or ordinances to levy, assess and collect or provide for the levying, assessment and collection of such taxes as shall be determined by The City Council of The City of Lewes to be paid by the trans-feror or transferee upon the transfer of real property or any interest in real property, situate within the corporate limits of The City of Lewes, regardless of where the instru-ments making the transfers are made, executed or delivered or where the actual settlements on such transfers occur; provided, however, that no tax levied under this section shall exceed one percent (1%) of the sales price (including the value of any assumed mortgage or mortgages) or fair market value of the real property so transferred; and provided further that no tax shall be levied upon an organi-zation exempted from ad valorem real estate taxes. No ordinance or ordinances providing for a tax on the transfer of real property or any interest in real prop-erty authorized under this section shall become effective unless it receives an affirmative vote of two-thirds of all the elected members of theCity Council of The City of Lewes. If the taxing power authority granted under this section shall be exercised by way of a stamp affixed to a document presented for recording, the Recorder of Deeds in and for Sussex County shall not receive for record any documents subject to said tax unless such stamps are affixed thereto. 71 72 Chapter 51 The City Council of The City of Lewes may adopt an ordinance, or ordinances to provide for the effective admini-stration and regulation of any tax adopted pursuant to the provisions of this section. No tax levied under this section shall exceed the difference between any tax levied by the State of Delaware on the same property and one percent (1%). This Act shall not become effective until it shall be approved by a majority of the qualified voters at a Special Election to be held pursuant to a Resolution adopted by the City Council of The City of Lewes. The City Council of The City of Lewes shall give notice of the Special Elec-tion by printing a copy of the Resolution calling the Special Election in at least two issues of a newspaper having a general circulation within the corporate limits of The City of Lewes within thirty (30) days immediately preceding the date of such Special Election. At the said Special Election every person who is a bona fide resident of The City of Lewes, and who would be entitled at the time of the holding of the said Special Election pursuant to the provi-sions of this Act to register and vote in the Annual Munici-pal Election if such Annual Municipal Election were held on the day of the Special Election to be held pursuant to the provisions of this Act may vote at the said Special Election, and such votes may be cast either in person or pursuant to a Power of Attoney as in Section 3, Chapter 170, Volume 57, Laws of Delaware. The Special Election shall be held by a Board of Election to be appointed by the Mayor of the City of Lewes at least two weeks before such Special Election. The Election Board shall consist of an Inspector of the Special Election and such Judges as shall be authorized by the City Council of The City of Lewes. If a majority of the votes cast at the Special Election shall be in favor of the transfer tax authorized by this Act, the tax may be levied and collected as provided for in this Act. The Board of Election holding the Special Election shall meet after the close of such election to ascertain the result and shall certify the result to the City Council of The City of Lewes. The hours of the Special Election shall be from Twelve o'clock noon, prevailing time, until Six o'clock in the evening, prevailing time, and such persons who are in the polling place at Six o'clock in the evening, prevailing time, shall be entitled to vote even though such votes may be cast after Six o'clock in the evening, prevailing time, for the purposes of holding the Special Election as provided for in this Act, paper ballots may be used. If the majority of the votes cast at any Special Election held under this Act shall be against the levying of the tax authorized by this Act, the proposition shall not again be submitted to the Chapter 51 qualified voters for a period of Ninety (90) days from the date of such Special Election." Approved May 20, 1977. 73 74 CHAPTER 52 FORMERLY SENATE BILL NO. 128 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE INSURANCE DEPARTMENT FOR THE PURPOSE OF RETAINING PROFESSIONAL ASSIST-ANCE AND/OR ADVICE WITH RESPECT TO CERTAIN RATE FILINGS MADE BEFORE THE INSURANCE DEPARTMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section. 1. The sum of $25,000 is hereby appropriated to the Insurance Department for the purpose of retaining professional assistance such as an actuarial consultant, legal advisor or certified public accountant for certain rate filings made before the Insurance Department. Section 2. This is a supplementary appropriation and the funds hereby 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 remaining unex-pended or unencumbered on June 30, 1977 shall revert to the General Fund of the State of Delaware. Approved May 21, 1977. 75 CHAPTER 53 FORMERLY HOUSE BILL NO. 78 AN ACT TO GRANT APPROVAL TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO PURCHASE A TRACT OF LAND WITHIN LUMS POND STATE PARK, PENCADER HUNDRED, NEW CASTLE COUNTY, KIRKWOOD, DELAWARE. WHEREAS, pursuant to the Capital Improvement Bonds Act of 1976, being Chapter 271, Volume 60, Laws of Delaware, money was appropriated to the Department of Natural Resources and Environ-mental Control; and WHEREAS, part of that money was set aside in the 1976 Annual Capital Project Schedule for the acquisition of land; and WHEREAS, Chapter 271, Volume 60, Section 17, Delaware Laws prohibits the Department of Natural Resources and Environmental Control from purchasing any land, the purchase price of which is in excess of $50,000, without prior approval of the General Assembly; and WHEREAS, the Department of Natural Resources and Environ-mental Control have taken steps to purchase a tract of improved land consisting of approximately 16.46 acres with improvements known as the Johnson Tract located within Lums Pond State Park near Kirkwood, Delaware; and WHEREAS, appraisals have been completed on the Johnson Tract; and the fair market value for tract is $86,000; and WHEREAS, an option to purchase said tract at the fair market value of $86,000 is being obtained; and WHEREAS, a land survey will be completed by a registered Delaware land surveyor verifying the tract acreage; and WHEREAS, the tract of land is eligible for 50% Federal Fund assistance through the Land and Water Conservation Fund Act; and WHEREAS, the tract of land is within the Lums Pond State Park which will enhance the expansion of recreational and pre-servation activities in compliance with the park master plan. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The Department of Natural Resources and Envir-onmental Control is hereby granted approval by the 129th General 76 Chapter 53 Assembly of the State of Delaware, pursuant to Chapter 271, Volume 60, Laws of Delaware, Section 17 to acquire the par-cel of land known as the Johnson Tract within Lums Pond State Park, situated in Pencader Hundred, New Castle County, near Kirkwood, Delaware at the established fair market value plus required closing costs. Section 2. Said purchase shall be made in compliance with Title 29, Chapters 93 and 95, Delaware Code and P. L. 91-646 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Section 3. The purchase price shall be matched with Federal Land and Water Conservation Funds to the fullest extent possible. Approved May 21, 1977. 77 CHAPTER 54 FORMERLY HOUSE BILL NO. 95 AN ACT TO PERMIT THE BOARD OF EDUCATION OF THE STANTON REORGANI-ZED SCHOOL DISTRICT TO TRANSFER CERTAIN FUNDS FROM ITS DEBT SERVICE ACCOUNT TO ITS CURRENT OPERATING ACCOUNT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fourths of all members elected to each House thereof concurring therein): Section 1. The Board of Education of the Stanton Reorgani-zed School District is authorized td transfer to its Current Operating Account the sum of $100,000 from its Debt Service Account. Approved May 23, 1977. 78 CHAPTER 55 FORMERLY HOUSE BILL NO. 245 AN ACT TO AMEND CHAPTER 100, PART X, TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT; AND EXEMPT-ING CERTAIN INFORMATION FROM PUBLIC SCRUTINY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend subsection (d), Section 10002, Chapter 100, Title 29 of the Delaware Code by adding thereto a new para-graph, designated as paragraph (11), which new paragraph shall read as follows: "(11) any records which disclose the identity or address of any person holding a permit to carry a concealed deadly weapon; provided, however, all records relating to such permits shall be available to all bona fide law enforcement officers." Approved May 23, 1977. 79 CHAPTER 56 FORMERLY HOUSE BILL NO. 190 AN ACT TO AND CHAPTER 5, SUBCHAPTER II, SUBPART D, OF TITLE 11, DELAWARE CODE RELATING TO SEXUAL OFFENSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 5766 (2), Chapter 5, Subchapter II, Subpart D of Title 11, Delaware Code by striking the number "12" as the same appears in subsection 2 of said section and substi-tuting in lieu thereof the number "16". Section 2. Amend 5767 (3), Chapter 5, Subchapter II, Subpart D of Title 11, Delaware Code by striking the number "12" as the same appears in said subsection 3, and substituting in lieu thereof the number "16". Section 3. Amend 5772 (a), Chapter 5, Subchapter II, Subpart D, of Title 11, Delaware Code by striking the number "1" wherever.it appears in said subsection (a) and substituting in lieu thereof the number "16". Approved May 23, 1977. 80 CHAPTER 57 FORMERLY SENATE BILL NO. 73 AN ACT TO AMEND AN ACT, BEING CHAPTER 108 OF VOLUME 47, LAWS OF DELAWARE, ENTITLED: "AN ACT EXTENDING THE CORPORATE LIMITS OF THE TOWN OF CAMDEN" BY ADDING NEW AREAS THERETO. WHEREAS, three referenda were duly held pursuant to three resolutions first adopted by the Town Council of the Town of Camden and pursuant to Chapter 120, Volume 42, Laws of Delaware, as amended; and WHEREAS, a majority of the qualified voters and real estate owners of each of the three territories proposed to be annexed and included in the limits of the said Town of Camden voted ap-proval to be included within the limits of the Town of Camden. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all the members elected to each House thereof concurring therein): Section 1. Amend Chapter 108 of Volume 47, Laws of Delaware by adding thereto the following new sections to read as follows: "Section 1. Section (2)F. ALL those certain lands situated in North Murderkill Hundred, Kent County, Delaware, just South of the present Town boundaries of the Town of Camden and adjacent to same and bounded as follows: On the North by the present Town boundaries of the Town of Camden, on the East by State Route 1/13, on the South by the Camden Voshell Mill Road, on the West by Main Street (State Route #13A), and being more particularly described as follows: BEGINNING at a point in the centerline of Main Street (13A) where the aforesaid centerline intersects the present Town of Camden Town Boundary, said point being approximately 122 feet + North of the intersection of the North right-of-way line of the Camden Voshell Mill Road projected and the centerline of Main Street (13A). Thence from the point of beginning by and with the present Town boundaries the fol-lowing three courses and distances: (1) In an Easterly direction to a bend point in the present Town boundary and described as being 68 feet East of Main Street and 122 feet North of the North right-of-way line leading from Main Street to Star Hill, in the ordinances of the Town of Chapter 57 Camden (dated March 1962); (2) In a northeasterly direction 1,765.50 feet to a point in the center of East Street; (3) In a northerly direction such a distance as to intersect the centerline of State Route #13. Thence by the same in a Southwesterly direction such a distance as would intersect the centerline of the Camden Voshell Mill Road. Thence by the same in a Northwesterly direction such a distance as would intersect the centerline of Main Street (13A). Thence by the same in a Northeasterly direction to the point of beginning. Contents thereof be what they may. Section 1. Section (2)G. ALL those certain lands situated in North Murderkill Hundred, Kent County, Delaware, just Southwest of the present Town boundaries of the Town of Camden and adjacent to same and bounded as follows: On the North by the present Town boundaries of the Town of Camden; on the East by State Route #13A; on the South by lands now or formerly of Carroll Realty Corporation, Inc.; on the West by lands now or formerly of Penn Central Railroad and Willow Grove Road (Route #10), and being more particularly described as follows: BEGINNING at a point in the centerline of Main Street (13A) where the aforesaid centerline intersects the present Town of Camden Town boundary, said point being approximately 122 feet + North of the intersection of the North right-of-way line of the Camden Voshell Mill Road projected and the centerline of Main Street (13A). Thence from the point of beginning in a Southwesterly direction, by and with the centerline of Main Street (13A) such a distance as to inter-sect the Northerly property line of Carroll Realty Corpora-tion, Inc., projected to the centerline of Main Street (13A). Thence by the aforesaid Northerly property line of Carroll Realty Corporation, Inc., in a Southwesterly direc-tion such a distance as to intersect the Easterly right-of-way line of lands now or formerly of the Penn Central Railroad. Thence by the same in a Northerly direction such a distance as would intersect the centerline of Willow Grove Road (Route #10). Thence by the same in a Northeasterly direction such a distance as would intersect a point described as being in the Eastern limits of "The Town of Wyoming", being the southwest corner for the present limits of the Town of Camden as described in ordinances of the Town of Camden (dated March 1962). Thence from the aforedescribed point in a southeasterly direction along the present Town of Camden, town boundaries a dis-tance approximately 1,671.5 feet + to a point along the North right-of-way of South Street (Old Camden to Willow Grove County Road), said point being distance 250 feet West of the intersection of West Street with said road. Thence in 81 82 Chapter 57 a Northeasterly direction continuing by the present Town boundaries of the Town of Camden to the point of beginning. Contents thereof be what they may. Section 1. Section 2(H). ALL those certain lands situated in North Murderkill Hundred, Kent County, Delaware, just North and East of the present Town boundaries of the Town of Camden and adjacent to same and bounded as follows: On the North by Isaac Branch; on the East by State Route 13; on the South and West by the present Town boundaries of the Town of Camden; and being more particularly described as follows: BEGINNING at a point in the centerline of State Route 13, said point being the intersection of the centerline of Isaac Branch with the aforesaid centerline of Route 13. Thence with the centerline of Route 13 in a Southwesterly direction such a distance as to intersect the present Town boundaries of the Town of Camden. Thence by the present Town boundaries those courses and distances as to intersect with the centerline of Isaac Branch. Thence by the mean-derings of the centerline of the aforesaid Isaac Branch to the point of beginning. Contents thereof be what they may." Approved May 24, 1977. CHAPTER 58 FORMERLY SENATE BILL NO. 193 AN ACT TO AMEND AN ACT BEING CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT REVISING THE PRIOR CHARTER OF THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH" TO PROVIDE A NEW TIME FOR FILING PETITIONS FOR NOMINATIONS, TO PRO-VIDE A NEW TIME FOR REVIEW OF PETITIONS FOR NOMINATIONS, AND TO PROVIDE A NEW TIME FOR THE ANNUAL MUNIC/PAL ELECTION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all the members elected to each House thereof concurring therein): Section 1. Subsection (a), Section 4, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out the word "August" as it appears in said Subsection and substituting in lieu thereof the word "September". Section 2. Subsection (a), Section 6, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out the word "July" as it appears in said Subsection and substituting in lieu thereof the word "August". Section 3. Subsection (b), Section 6, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out the word "July" as it appears in said Subsection and substituting in lieu thereof the word "August". Section 4. Subsection (a), Section 7, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out the word "August" as it appears in said Subsection and substituting in lieu thereof the word "September". Section 5. Subsection (d), Section 7, Chapter 197, Volume 54, Laws of Delaware, as amended, is hereby further amended by striking out the word "July" as it appears in said Subsection and substituting in lieu thereof the word "August". Section 6. This Act shall take effect on January 1, 1978. Approved May 24, 1977. 83 84 CHAPTER 59 FORMERLY HOUSE BILL NO. 115 AN ACT TO AMEND CHAPTER 52, TITLE 30, DELAWARE CODE, RELATING TO EXEMPTING FARM TRUCKS FROM THIS ACT IF EXEMPT FROM MOTOR VEHICLE REGISTRATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 5224, Chapter 52, Title 30, Delaware Code, by adding thereto a new paragraph to read as follows: "This Act shall not apply to any motor vehicle operated upon the highways of this State when traveling from one farm, or portion thereof, to another farm or portion thereof, both owned or managed by the owner of the vehicle and operated not for hire. The distance traveled on the highways by said vehicle shall not exceed two (2) miles each one-way trip." Approved May 24, 1977. CHAPTER 60 FORMERLY HOUSE BILL NO. 261 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 27, TITLE 21 OF THE DELAWARE CODE RELATING TO TAXICAB DRIVER LICENSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Subchapter V, Chapter 27, Title 21 of the Delaware Code by deleting the following sections in their entirety: Section 2. Amend Chapter 27, Title 21 of the Delaware Code by adding thereto a new section to read as follows: 42762. License endorsed for taxicab The Department shall note on the driver's license of the applicant an endorsement to operate a taxicab." Section 3. Amend Chapter 27, Title 21 of the Delaware Code by adding thereto a new section to read as follows: 42763. Qualification for taxicab license A taxicab authorization or endorsement shall not be issued to any person under the age of 18 years and who does not meet the requirements of §2707 of this Chapter." Section 4. Amend Chapter 27, Title 21 of the Delaware Code by adding thereto a new section to read as follows: 42764. Fee for taxicab endorsement The fee for the authorization or endorsement as speci-fied in §2762 shall be $3.00. This fee shall be payable for subsequent renewals." Approved May 24, 1977. 85 2762, 2763, 2764, 2765, 2766, 2767, 2768, 2769, 2770, 2771, 2780, 2772, 2781. 2773, 2774, 2775, 2776, 2777, 2778, 2779, 86 CHAPTER 61 FORMERLY SENATE BILL NO. 14 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND AN ACT BEING CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, ENTITLED: "AN ACT REVISING THE PRIOR CHARTER FOR THE CITY OF REHOBOTH BEACH AND ESTABLISHING A NEW CHARTER THEREFOR AND PRESCRIBING THE POWERS AND DUTIES OF THE COMMISSIONERS OF REHOBOTH BEACH; BY PROVIDING FOR AN ENLARGEMENT OF TIME FOR FILING PETITIONS FOR A REFERENDUM AND TO PRESCRIBE THE QUALIFICATIONS OF VOTERS IN A REFEREN-DUM ELECTION. 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 subsection (d), Section 41A, Chapter 197, Volume 54, Laws of Delaware, as amended, by adding at the end of said subsection (d) the following sentence: "If there are less than twenty-eight (28) days from the date of the adoption of the Ordinance sought to be recon-sidered until the next regular meeting of the Commissioners of Rehoboth Beach, the Petition for Referen |
| Date Digital | 2010 |
| CONTENTdm file name | 3091.cpd |
Description
| Title | Laws of the State of Delaware - Volume 61 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- NINTH GENERAL ASSEMBLY SPECIAL SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 4, A. D. 1977 FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A. D. 1977 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A. D. 1978 PART I VOLUME LXI |
| CONTENTdm file name | 71487.pdfpage |
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