Laws of the State of Delaware - Volume 69 - Part 1 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- SEVENTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1993
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
1994
VOLUME LXIX
Part I
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 69 - Part 1 |
| Description | Laws of the State of Delaware. The One Hundred And Thirty-Seventh General Assembly First Session Commenced And Held At Dover On Tuesday, January 7, A.D. 1993 Second Session Commenced And Held At Dover On Tuesday, January 11, A.D. 1994 Volume LXIX Part I. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY-SEVENTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 7, A.D. 1993 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A.D. 1994 VOLUME LXIX Part I CHAPTER 1 FORMERLY SENATE BILL NO. 2 AN ACT TO AMEND CHAPTER 33, TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 3326(g), Chapter 33, Title 19, Delaware Code by adding a subsection (6) to read as follows: The provisions of subsections (1), (2), (3) and (5) of this section shall not apply should at any time these provisions be temporarily or permanently suspended by Federal law. If these provisions are suspended by Federal law, the provisions of State law which apply to claims for or the payment of regular benefits shall apply to claims for and the payment of extended benefits." Approved February 8, 1993. CHAPTER 2 FORMERLY SENATE BILL NO. 3 AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE IV, §11 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO CERTIFICATION OF QUESTIONS OF LAW TO THE SUPREME COURT. WHEREAS, an amendment to the Constitution of the State of Delaware was proposed in the 136th General Assembly, being Chapter 375, Volume 68, Laws of Delaware, as follows: "AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV, §11 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO CERTIFICATION OF QUESTIONS OF LAW TO THE SUPREME COURT. 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 Article IV, §11 paragraph (9) of the Delaware Constitution of 1897, as amended, by striking said paragraph (9) in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows: '(9) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, or the highest appellate court of any other state, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it. The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification.'" WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each House of the 136th General Assembly: NOW THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. The said proposed amendment is hereby concurred in and adopted, and shall forthwith become a part of the Constitution of the State of Delaware. Effective January 28, 1993. CHAPTER 3 FORMERLY SENATE BILL NO. 12 AN ACT TO AMEND TITLE 21, DELAWARE CODE RELATING TO VEHICLES OWNED OR USED BY FIRE COMPANIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 2105, Title 21, of the Delaware Code by adding a new Subsection (k) thereto to read as follows: "(k) The provisions of this section shall not apply to vehicles and fire apparatus which were manufactured prior to January 1, 1993 that are owned or used by an organized fire company within this state." Approved February 8, 1993. CHAPTER 4 FORMERLY SENATE BILL NO. 16 AN ACT TO AMEND CHAPTER 21, TITLE 21, DELAWARE CODE, RELATING TO ALLOWABLE GROSS WEIGHTS ON COMMERCIAL MOTOR VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §2105, Chapter 21, Title 21 of the Delaware Code by striking paragraphs (a)(1) and (a)(2) in their entirety and inserting the following new paragaphs (a)(1) and (a)(2) to read as follows: "(a)(1) With respect to such vehicles which were lawfully registered In this State on December 31, 1990, as a 1987 or older model year vehicle, the obligation to provide manufacturer's weight rating documentation shall not apply to any application for registration, or renewal of registration, of such vehicles until January 1, 1998. (a)(2) With respect to such vehicles which were lawfully registered in this State on December 31, 1990, as 1988 or newer model vehicles, the obligation to provide manufacturer's weight rating documentation shall not apply to any application for registration, or renewal of registration, of such vehicles until the following dates: A. 1988 year model - January 1, 1998 1989 year model - January 1, 1999 1990 year model - January 1, 2000 1991 year model - January 1, 2001." Approved February 8, 1993. 3 CHAPTER 5 FORMERLY SENATE BILL NO. 47 AS AMENDED BY SENATE AMENDMENT NO. I AN ACT TO AMEND AN ACT, BEING CHAPTER 276, VOLUME 65, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF GEORGETOWN" REGARDING THE DEBT CEILING. 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. Paragraph 36, Section 30, Chapter 276, Volume 65, Laws of Delaware, as amended, be and is hereby amended by adding a new sentence at the end of thereof as follows: "Debt which has been advance refunded with proceeds of the advance refunding sufficient to pay principal and interest on the debt to the first allowable call date having been irrevocably deposited in trust with a Delaware bank irrevocably with instructions to make no investment of the funds deposited other than in guaranteed or direct obligations of the United States shall not be counted as indebtedness." Section 2. Subsection (b), Section 34, Chapter 276, Volume 65, Laws of Delaware, as amended, be and the same is hereby amended by deleting the word "succeed" and replacing said word with the word "exceed". Section 3. Subsection (b), Section 34, Chapter 276, Volume 65, Laws of Delaware, as amended, be and the same is hereby amended by adding a sentence at the end thereof as follows: "Debt which has been advance refunded with proceeds of the advance refunding sufficient to pay principal and interest on the debt to thefirst allowable call date having been irrevocably deposited in trust with a Delaware bank irrevocably with instructions to make no investment of the funds deposited other than in guaranteed or direct obligations of the United States shall not be counted as indebtedness." Approved March 19, 1993. 4 CHAPTER 6 FORMERLY HOUSE BILL NO. 86 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTERS 1, 5 AND 7 OF TITLE 4 OF THE DELAWARE CODE REGARDING A LICENSE FOR A MULTI-PURPOSE SPORTS FACILITY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein): Section 1. Amend Section 101 of Chapter 1, Title 4 of the Delaware Code by redesignating Sections 101(25) through (39) as Section 101(26) through (40) and inserting a new Section 101(25) as follows: "(25) 'Multi-purpose sports facility shall mean a stadium owned and/or operated by the State of Delaware featuring minor league baseball games where admission fees are charged to the public and having a seating capacity of at least four thousand (4,000) seats and excludes stadia which are operated and maintained by educational institutions, including by not limited to high schools, colleges or universities." Section 2. Amend Section 512, Chapter 5, Title 4 of the Delaware Code by striking the heading in Section 512 and subsection 512(b) in its entirety and inserting in lieu thereof the following: "Section 512. Licenses for taprooms, hotels, restaurants or clubs, .food concessionaires at horse racetracks, multi-purpose sports facilities, dinner theater performances, bowling alleys, caterers, removal of partially consumed bottles from premises." A food concessionaire dispensing food at a horse racetrack or multi-purpose sports facility may apply to the commission for a license to purchase spirits and wine from an importer, and to receive, keep and sell such spirits and wine to patrons in dining rooms, suites leased by patrons in the multi-purpose sports facility or at counters (except at multi-purpose sports facilities) for consumption on the premises as authorized by the Commission, subject, however, to such rules and regulations as may be promulgated by the Delaware Alcoholic Beverage Control Commission. The license issued to a food concessionaire dispensing food at a horse racetrack or multi-purpose sports facility pursuant to this Section and Section 513 of this Title, shall continue to be valid whether or not a race meet or minor league baseball game are in progress and such licenses shall be entitled to all of the rights and privileges granted to a restaurant licensee together with the rights and privileges authorized by a license issued pursuant to Section 709 of this Title upon payment of the license fee set forth in Section 709." Section 3. Amend Section 513, Chapter 5, Title 4, Delaware Code by striking the heading in Section 513 in its entirety and designating the existing two paragraphs of Section 513 as Section 513(a) and (b) respectively and adding an new heading and subsection (c) which shall read as follows: "Section 513 - Sale of beer for consumption on premises of tavern, horse racetrack or multi-purpose sports facility." Any person in charge of dispensing food at a multi-purpose sports facility may apply to the Commission for a license to purchase and to receive, keep and sell beer only, for consumption on the premises, at bars, counters, or similar contrivances or through individual vendors employed by the licensee. The holder of such a license may sell beer only under the following circumstances: In plastic, styrofoam, or paper containers on the multi-purpose sports facility premises; and For consumption on the licensed premises." NIMI Chapter 6 5 Section 4. Amend Section 554, Chapter 5, Title 4, Delaware Code by adding new subsection (hh) and (ii) which shall read as follows: "(hh) For a license to sell beer only at a muilti-purpose sports facility, the biennial fee shall be $1,000.00. (ii) For a license to sell wine and spirits at a multi-purpose sports facility, the biennial fee shall be $1,000.00." Section 5. Amend Section 709(d), Chapter 7, Title 4, Delaware Code by striking Section 709(d) in its entirety and substituting new section 709(d) as follows: "(d) No holder of a license for the sale of alcoholic liquor in a hotel, restaurant, club, tavern, taproom, horse racetrack, multi-purpose sports facility, dining room of a boat, passenger cars of a railroad or caterer shall sell the same between the hours of 1:00 a.m. and 9:00 a.m. The closing hour may be made earlier in any municipality by ordinance of the municipal corporation. The sale of alcoholic liquors shall be permitted in a licensed hotel, restaurant, club, horse racetrack, multi-purpose sports facility, dining room of a boat, passenger cars of a railroad or caterer on every day of the year; provided that no such licensee shall be required to be open to sell alcoholic liquors on any of the holidays specified in subsection (e) of this Section. Any holder of a license to sell alcoholic liquor in a licensed hotel, restaurant, horse race track, multi-purpose sports facility, dining room of a boat, passenger car of a railroad or caterer who wishes to sell alcoholic liquors on Sundays shall pay a fee of $200.00 for the issuance of a special license to serve alcoholic liquors on Sundays, which shall be in addition to any other license fees which may be required of the licensee. The sale of alcoholic liquors shall be permitted in a licensed tavern or taproom on every day of the year except the holidays specified in subsection (e) of this Section, on which days said licensee shall not be permitted to sell alcoholic liquors." Approved April 6, 1993. CHAPTER 7 FORMERLY SENATE BILL NO. 77 AN ACT ADJUSTING THE SALARY OF THE SECRETARY-SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES AND AUTHORIZING THE TRANSFER OF FUNDS TO ACCOMMODATE THE SALARY ADJUSTMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Provisions of Chapter 290, Volume 68, Laws of Delaware, to the contrary notwithstanding, effective February 1, 1993, the annual salary of the Secretary - Services for Children, Youth and Their Families (37-01-00) shall be equivalent to the salary for the Secretary - Health and Social Services (35-01-00). Section 2. The Budget Director, with the concurrence of the Controller General, shall transfer sufficient funds as necessary from contingencies contained in (10-02-04) to fund said salary adjustment as contained in this act for the remainder of the fiscal year ending June 30, 1993. Section 3. Any previous Act inconsistent with the provisions of this Act is hereby repealed to the extent of such inconsistency. Approved April 13, 1993. 6 CHAPTER 8 FORMERLY SENATE SUBSTITUTE NO. 1 FOR SENATE BILL NO. 79 AN ACT SUPERSEDING PORTIONS OF CHAPTER 290, VOLUME 68, LAWS OF DELAWARE AND AMENDING CHAPTER 7, TITLE 29 OF THE DELAWARE CODE RELATING TO ADJUSTMENTS OF SALARIES FOR CERTAIN STATE OFFICIALS AND LEGISLATIVE STIPENDS AND AUTHORIZING THE TRANSFER OF FUNDS TO ACCOMMODATE SUCH ADJUSTMENTS. Section 2. Provisions of Chapter 290, Volume 68, Laws of Delaware, to the contrary notwithstanding, effective March 1, 1993, the additional yearly compensation for any member of the Senate and the House of Representatives by virtue of his or her appointment or election to any of the following positions shall be increased by three percent: OUOget Unit (01-02-01) (01-01-01) (01-02-0) (01-01-01) (01-02-01) (01-01-01) (01-01-01) (01-02-01) President Pro Tempore of the Senate; Speaker of the House; Majority and Minority Leader of the Senate; Majority and Minority Leader of the House; Majority and Minority Whip of the Senate; Majority and Minority Whip of the House; Chairman of the Joint Finance Committee; Vice-Chairman of the Joint Finance Committee; BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Provisions of Chapter 290, Volume 68, Laws of Delaware, to the contrary notwithstanding, effective March 1, 1993, the salaries for the listed positions are as follows: General All Other Budget Unit Line Item Funds Funds (01-01-01) Representative $ 24.9 (01-02-01) Senator 24.9 (02-01-00) Chief Justice - Supreme Court 106.7 (02-01-00) Justice - Supreme Court 103.0 (02-02-00) Chancellor - Court of Chancery 101.7 (02-02-00) Vice Chancellor - Court of Chancery 97.9 (02-03-00) President Judge - Superior Court 101.7 (02-03-00) Associate Judge - Superior Court 97.9 (02-06-00) Chief Judge - Court of Common Pleas 100.5 (02-06-00) Judge - Court of Common Pleas 95.4 (02-08-00) Chief Judge - Family Court 100.5 (02-08-00) Associate Judge - Family Court 95.4 (02-13-00) Chief Magistrate - Justice of the Peace Courts 70.2 (02-13-00) Magistrate - Justice of the Peace Courts 39.8 (10-02-00) Budget Director 84.7 (10-03-01) Director - Delaware Development Office 79.1 (10-04-00) Personnel Director $ (12-01-01) Lieutenant Governor ((1122--0032--0011)) IAnusduirtaonrc e Commissioner E (12-05-01) State Treasurer (15-01-01) Attorney General 87.2 (15-02-01) Public Defender 70.2 (20-01-00) Secretary - State 79.1 (25-01-00) Secretary - Finance 84.7 (30-01-00) Secretary - Administrative Services 73.7 (35-01-00) Secretary - Health and Social Services 84.7 (38-01-00) Commissioner - Correction 79.1 (40-01-00) Secretary - Natural Resources and Environmental Control 79.1 (45-01-00) Secretary - Public Safety 73.7 (55-01-01) Secretary - Transportation $ 79.1 (60-01-00) Secretary - Labor 7.4 66.3 (65-01-00) Secretary - Agriculture 67.9 (76-01-01) Adjutant General 65.0 Chapter 8 7 (01-02-01) Members of the Joint Finance Committee, Senate; and (01-01-01) Members of the Joint Finance Committee, House. Section 3. The Budget Director, with the concurrence of the Controller General, shall transfer sufficient funds as necessary from contingencies contained in (10-02-04) to fund said salary and legislative stipend adjustments as contained in this Act for the remainder of the fiscal year ending June 30, 1993. Section 4. Any previous Act inconsistent with the provisions of this Act is hereby repealed to the extent of such inconsistency. Section 5. This Act shall become effective upon enactment into law. Approved April 13, 1993. 8 CHAPTER 9 FORMERLY HOUSE BILL NO. 55 AN ACT TO AMEND CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, BEING THE CHARTER OF THE CITY OF DOVER, RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR REFUNDING PURPOSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Twothirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 50(c), Chapter 158, Volume 36, Laws of Delaware, as amended, by striking Section 50(c) and substituting in lieu thereof a new Section 50(c) to read as follows: "(c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum vote, by a resolution of the Council which shall have the affirmative vote of threefourths of the members thereof and the approval of the Mayor, for the following purposes: (I) to finance public storm sewers, streets and appurtenances provided that no more than $1,000,000 aggregate principal amount of bonds may be issued at any one time pursuant to this clause (I) and any new bonds issued pursuant to this clause (1) may not cause the total aggregate principal amount of bonds outstanding at any one time pursuant to this clause (I) to exceed one percent (1%) of the total taxable assessment for a general tax at the time such new bonds are issued; and (11) to refund bonds secured by the City's full faith and credit, prior to their stated maturity, provided that (A) the present value of the aggregate principal and interest payments of the refunding bonds are not greater than the present value of the aggregate principal and interest payments on the bonds to be refunded determined by discounting at the effective interest rate on the refunding bonds, calculated based on the internal rate of return; and (B) at the time of issuance of the refunding bonds there are deposited in escrow, pledged to secure the refunded bonds, sufficient monies and/or direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States government, which, without regard to any reinvestment earnings, will be sufficient to pay when due all interest, principal and redemption price on the refunded bonds at maturity or upon earlier call for redemption." Section 2. Amend Section 50, Chapter 158, Volume 36, Laws of Delaware, as amended, by adding a new Section 50(g) to read as follows: "(g) For the purposes of the debt limitations prescribed in this section, (I) any bonds which have been refunded pursuant to subsection (c)(11) shall be treated as no longer outstanding and (11) bonded indebtedness, principal amount of bonds and bonds outstanding shall be determined without regard to original issue discount." Section 3. This Act shall be effective upon its enactment into law. Approved April 13, 1993. CHAPTER 10 FORMERLY HOUSE BILL NO. 137 AN ACT TO AMEND CHAPTER 10 OF TITLE 14 AND CHAPTERS 50, 63, 66A, 69 AND 74 OF TITLE 29 OF THE DELAWARE CODE RELATING TO THE TRANSFER OF CAPITAL BUDGET RESPONSIBILITIES OF THE DELAWARE DEVELOPMENT OFFICE TO THE OFFICE OF THE BUDGET; AND AUTHORIZING THE TRANSFER OF RELATED POSITIONS AND FUNDING, AND THE ADVANCED PLANNING AND REAL PROPERTY ACQUISITION FUND. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 10, §1057(a)(7) and §1057(a)(11), Title 14 of the Delaware Code by deleting the words "Director of the Delaware Development Office" and substituting in lieu thereof "Budget Director". Section 2. Amend Chapters 50 and 63, Title 29 of the Delaware Code by redesignating §5006(4) and §5006(5) respectively as new §6313(8) and §6313(9) of Title 29, and by renumbering §§5006(6)-(11) as §§5006(4)-(9). Section 3. Amend Chapter 50, §5011, Title 29 of the Delaware Code by deleting said section in its entirety. Section 4. Amend Chapter 63, Title 29 of the Delaware Code by adding a new Subchapter to read as follows: "Subchapter III-A Capital Appropriations Act §6342 Preparation of annual capital budget The Budget Director shall prepare, and amend as necessary, a program of state public works, major capital improvement projects and other facilities undertaken or recommended to be undertaken by the State, or any of the authorities or other instrumentalities of the state government. Such program shall be submitted as the annual capital budget to the Governor at such time as it shall be deemed appropriate for submission to the General Assembly. The Budget Director shall maintain a report on the status of all capital projects funded by any debt offering issued by the State or by any of the authorities or other instrumentalities of state government. In fulfilling the responsibilities of this Subchapter, the Budget Director shall consult and coordinate with the Secretary of Administrative Services in order to assure that the various agency requests are fully assessed from the standpoint of need, capacity, condition and relative priority." Section 5. Amend Chapter 50, Title 29 of the Delaware Code by deleting Subchapter II - Advanced Planning and Real Property Acquisition Fund, §§5030 through 5033 (inclusive) in their entirety. Section 6. Amend Chapter 50, §5044 and §5045, Title 29 of the Delaware Code by deleting said sections in their entirety. Section 7. Amend Chapter 63, Title 29 of the Delaware Code by adding a new Subchapter to read as follows: "Subchapter III-B Advanced Planning and Real Property Acquisition Fund §6343. Advanced Planning and Real Property Acquisition Fund. A special fund is created in the State Treasury to be known as the "Advanced Planning and Real Property Acquisition Fund," hereafter referred to in this subchapter as "Fund." The Fund shall be expended for the advanced planning of proposed facilities in the State, including, but not limited to, the cost of architectural sketches, general site plans, preliminary engineering, general design services, legal, accounting and consulting services or such other services as may be deemed appropriate. (c) The Fund shall be expended for earnest money of up to 10 percent for the acquisition of real property (including any improvements thereon) by state agencies. The Fund may not be expended for highway right-of-way acquisition. §6344. Withdrawals from the Fund. Before any sum is withdrawn from the Fund for advanced planning or advanced real property acquisition, a request shall be made by the agency desiring to erect a state facility or desiring real property to the Budget Director who shall report to the Budget Commission whether the request is consistent with the capital program provided for by §6342 of this title. If an agency requests moneys from the Fund to erect a state facility, the Budget Director must determine that the proposed facility is consistent with the capital program and its construction is likely to be authorized in the foreseeable future. If the Budget Director makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of advanced planning for the proposed facility. If an agency requests moneys from the Fund for real property acquisition, the Budget Director must determine that the proposed real property acquisition is consistent with the capital program or its long-range planning recommendations for the State. If the Budget Director makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of earnest money for the acquisition of real property. §6345. Reversion of unused funds. Any moneys for advanced planning or for advanced real property acquisition provided by the Budget Commission to a state agency which shall not be used by the agency within 12 months shall be refunded to the Budget Commission to be redeposited in the Fund. §6346. Reimbursement of the Fund. Upon the funding of a capital project for which advance planning funds or advance real property acquisition funds have been provided from the Fund, a refund shall be made to the Fund from such funding by the State Treasurer from the appropriation made or other source of funds provided for the facility or real property. In the event that a capital project, for which advanced planning funds have been provided from the Fund is not included in a capital improvement act within 3 years, the Budget Commission may declare the project inactive and request the state's bond issuing officers to reimburse the Fund from the Bond Reversion Account, §7418 of this title notwithstanding. If federal funds are received as reimbursement for any real property purchased with the Fund, such moneys shall be deposited as a refund to the Fund. In the event real property is purchased and then plans for utilization of the site are abandoned, the agency, with approval of the Budget Commission, may sell the real property and shall deposit the receipts to the Fund. §6347. Idle moneys to beheld in Capital Investment Fund. Any moneys allocated to the Fund under this subchapter which are not Immediately needed for the purposes of this subchapter may be held by the Budget Commission in the Capital Investment Fund until needed in the Advanced Planning and Real Property Acquisition Fund. §6348. Authorization for sale of school district bonds. In the case of a school district, use of funds authorized by this subchapter to purchase real property shall constitute authorization for 10 Chapter 10 11 Chapter 10 the sale of district bonds after referendum as provided in §7507 of this title." Section 8. Amend Chapter 66A, §6604A, Title 29 of the Delaware Code by deleting the words "Delaware Development Office" each time they appear and substituting in lieu thereof the words "Budget Director". Section 9. Amend Chapter 66A, §6605A, Title 29 of the Delaware Code by deleting the words "Delaware Development Office, as part of its annual capital budget responsibilities set forth In §5011" and substitute in lieu thereof the words "Budget Director, as part of the annual capital budget responsibilities set forth in §6342. Section 10. Amend Chapter 69, 6903(e), Title 29 of the Delaware Code by deleting the words "and the Director of the Delaware Development Office" as they appear in the first sentence. Section 11. Amend Chapter 74, §7419(a), Title 29 of the Delaware Code by deleting the words "and the Delaware Development Office" as they appear in the fourth sentence between the words "Office" and "to". Section 12. Amend Chapter 74, §7419(b), Title 29 of the Delaware Code by deleting the words "Delaware Development Office" and substituting in lieu thereof the words "Budget Director". Section 13. Amend Chapter 74, §7420(d), Title 29 of the Delaware Code by deleting the words "Delaware Development Office" and substituting in lieu thereof the words "Budget Director". Section 14. Amend Chapter 74, §7422(e), Title 29 of the Delaware Code by deleting the words "Delaware Development Office" and substituting in lieu thereof the words "Budget Director". Section 15. All remaining Personnel Costs associated with Budgeted Position #9307 for the remainder of the Fiscal Year 1993 shall be transferred from the Delaware Development Office, Delaware Economic Development Authority (10-03-03) to the Office of the Budget, Office of the Budget Administration (10-02-01). The position shall, upon enactment of this legislation, be transferred to the Office of the Budget, Office of the Budget Administration (10-02-01) and shall become part of the classified service. Notwithstanding Merit Rule 7.0100, any current incumbent in the aforementioned position shall be accorded Merit System status. Approved April 19, 1993. CHAPTER 11 FORMERLY HOUSE BILL NO. 90 AN ACT TO AMEND CHAPTER 26, TITLE 14 OF THE DELAWARE CODE RELATING TO THE POWER OF COUNTY VOCATIONAL HIGH SCHOOL DISTRICTS AND COUNTY VOCATIONAL-TECHNICAL SCHOOL DISTRICTS TO LEVY TAXES FOR SCHOOL PURPOSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 26, Title 14, Delaware Code by striking §2601(a)(1) in its entirety and substituting in lieu thereof the following: "(1) The amount to be raised by taxation shall not exceed 19.71 cents on each $100 of value of real property in Sussex County for the tax year 1993 and all years thereafter." Approved April 19, 1993. 12 CHAPTER 12 FORMERLY HOUSE BILL NO. 95 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 504, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES" TO PERMIT THE SALE OF BONDS BY THE TOWN OF HENLOPEN ACRES AT PRIVATE SALE. 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 (i), Section 32, Chapter 504, Volume 57, Laws of Delaware, as amended, by striking said Subsection (i) in its entirety and substituting in lieu thereof a new Subsection (1) to read as follows: "(i) The form of bonds or certificates of indebtedness and the thereunto attached coupons, if any, the time or times of payment, the time or times of payment of interest, the classes, the series, the maturity, the registration, any callable or redeemable feature, the denomination and the name thereof and any other relative or pertinent matters pertaining thereto shall all be determined by the Commissioners of Henlopen Acres after the public hearing. Bonds or certificates of indebtedness may be sold at either public or private sale as determined by the Commissioners of Henlopen Acres." Approved April 19, 1993. CHAPTER 13 FORMERLY SENATE SUBSTITUTE NO. 1 FOR SENATE BILL NO. 15 AN ACT TO AMEND SUBCHAPTER II, CHAPTER 81, TITLE 9, DELAWARE CODE, RELATING TO PROPERTY TAX EXEMPTION FOR CERTAIN PERSONS OVER 65 YEARS OF AGE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §8136, Subchapter II, Chapter 81, Title 9, Delaware Code, by striking the first sentence of said section in its entirety. Section 2. Amend §8141, Subchapter II, Chapter 81, Title 9, Delaware Code, by striking the period at the end of said section and substituting in lieu thereof the following: ; provided, however, that any such ordinance adopted shall include language substantially similar to that of §8133(b) of this subchapter." Section 3. AMend §8133(b), Chapter 81, Title 9, Delaware Code, by striking the words "at any time prior to the last day of the pre-tax year" as they appear therein and substituting In lieu thereof the following: "by a date determined by the taxing district, which shall not be earlier than 45 days prior to the last date of the pre-tax year." April 19, 1993. CHAPTER 14 FORMERLY SENATE BILL NO. 41 AN ACT TO AMEND THE LAWS OF DELAWARE, VOLUME 66, CHAPTER 291, AS AMENDED, BEING THE CHARTER OF THE TOWN OF CLAYTON, TO CHANGE THE FISCAL YEAR. 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 Article XI, §11.1 of Chapter 291, Volume 66, Laws of Delaware by striking said section In its entirety and substituting in lieu thereof a new §11.1 to read as follows: The fiscal year of the Town of Clayton shall begin on the first day of January in each year and shall end with the next succeeding thirty-first day of December. Such fiscal year shall also constitute the budget and accounting year." Approved April 19, 1993. CHAPTER 15 FORMERLY SENATE BILL NO. 59 AN ACT TO AMEND CHAPTER 138, VOLUME 68, LAWS OF DELAWARE, ENTITLED AN ACT TO REINCORPORATE THE TOWN OF DAGSBORO" AS AMENDED, TO REVISE THE PROCEDURES FOR REGISTRATION OF VOTERS. 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. Subsection (G) of Section 7, Chapter 138, Volume 68, Laws of Delaware, as amended, is amended by striking word for word "on the second Friday in January in any year" as they appear in the last sentence of said Subsection (G) and substituting in lieu thereof the words "on the third Friday in November in any year". Approved April 19, 1993. CHAPTER 16 FORMERLY HOUSE BILL NO. 17 AN ACT TO AMEND CHAPTER 1, TITLE 14 OF THE DELAWARE CODE RELATING TO THE STATE BOARD OF EDUCATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Amend §101(c), Chapter 1, Title 14 of the Delaware Code by deleting the phrase "At least 4 members of the Board" as it appears in the first sentence of said subsection and substitute in lieu thereof the phrase "At least 2 members of the Board." Approved April 19, 1993. 13 14 CHAPTER 17 FORMERLY HOUSE BILL NO. 139 AN ACT TO AMEND CHAPTER 237, §29, VOLUME 51, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 165, §1, VOLUME 53, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE" RELATING TO THE POWER TO BORROW MONEY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Chapter 237, §29, Volume 51, Laws of Delaware, as amended by Chapter 165, §1, Volume 53, Laws of Delaware, by striking out the symbol and number "$1,000,000," as they now appear in the first paragraph and inserting in lieu thereof the symbol and number 14,000,000... Approved May 4, 1993. CHAPTER 18 FORMERLY HOUSE BILL NO. 23 AN ACT TO AMEND CHAPTER 1, TITLE 4, OF THE DELAWARE CODE, RELATING TO ALCOHOLIC LIQUORS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 4, Chapter 1, Section 101, of the Delaware Code, by deleting Sub-Section (19) in its entirety and substituting in lieu thereof a new sub-section which shall read as follows: '(19) 'Importer' means the person transporting or ordering, authorizing, or arranging the transportation or shipment of alcoholic liquors into this State, whether the person is a resident or citizen of this State or not, said person being permitted to sell said alcoholic liquors only to those persons licensed to resell alcoholic liquors, provided, however, that nothing contained in this definition shall be construed as prohibiting an importer from selling such alcoholic liquors to either an active owner of that business for that person's use and not for resale, or to a full-time, bona fide employee of that business for that person's use and not for resale; and provided further that nothing contained in this definition shall be construed as prohibiting an importer from selling "beer" in "half-barrel" or "quarter-barrel" containers to the holders of a personal license: The Commission may enact such rules regulating the sale of alcoholic liquor to active owners and employees of licensed importers as it deems necessary." Approved May 4, 1993. CHAPTER 19 FORMERLY HOUSE BILL NO. 9 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO LIMITATIONS UPON THE TIMES CERTAIN ESTABLISHMENTS ARE PERMITTED TO BE OPEN TO THE PUBLIC. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §1625, Chapter 16, Title 24 of the Delaware Code by adding, at the end of subsection (b), the following: The provisions of this subsection shall not apply to any business, regulated under both Title 24, Chapter 16 and Title 4 of the Delaware Code, which is not an adult book store, conversation parlor or adult motion picture theatre as the same are defined in this chapter." Approved May 4, 1993. CHAPTER 20 FORMERLY SENATE BILL NO. 28 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 1, TITLE 23, DELAWARE CODE RELATING TO PILOTS. 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 (a), §101, Chapter 1, Title 23, Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) The Board of Pilot Commissioners for the State shall consist of 7 members, residents of the State, appointed by the Governor, for a term of 5 years, composed as follows: 3 state-licensed pilots and 4 other members, at least two of whom shall be public members and at least one of whom shall be a shipping industry representative. No public member shall be a former pilot, related to a pilot by blood or affinity, nor ever have been employed by any pilot association or individual pilot. No shipping industry representative shall be a former pilot. The Board shall consist of the members presently serving unexpired terms on the Board as it existed prior to January 1, 1993, together with those members necessary to bring the total number of members up to 7. Upon the expiration of the terms of office of those presently serving, the Governor shall appoint new members until such time as the board is composed of members meeting the requirements of this subsection. No member shall serve more than two (2) complete consecutive terms." Section 2. Amend Subsection (e), §101, Chapter 1, Title 23, Delaware Code by striking the word "Three" and inserting in lieu thereof the word "Four". Section 3. Amend §102, Chapter 1, Title 23, Delaware Code by inserting in subparagraph (11) thereof the phrase "the administration of the apprenticeship program," between the word "examination," and the word "rosters". Section 4. Amend §102, Chapter 1, Title 23, Delaware Code by striking the period "." at the end of subparagraph 12, substituting in lieu thereof a semicolon ":" and by adding thereto a new subparagraph (13) to read as follows: "(13) Grant an inactive license to (a) a pilot with health problems documented to the Board's satisfaction, or (b) a pilot on terminal leave, i.e., a pilot on approved time-off prior to and in contemplation of retirement. If a pilot seeks to return to active status after being granted an inactive license pursuant to (a) or (b) of this subsection, the Board shall first impose as a condition of return to active status that the pilot undertake a number of refresher trips, to be determined by the Board." Section 5. Amend §104, Chapter 1, Title 23, Delaware Code, by striking said section in its entirety, substituting in lieu thereof a new §104 to read as follows: "§104. Complaint and Hearing Procedures Complaints, pertaining to the subject matter of this Chapter shall be filed and processed in accordance with the provisions of §8810, Title 29, Delaware Code. The Board shall conduct hearings in accordance with the provisions of Chapter 101, Title 29, Delaware Code." Section 6. Amend §106, Chapter 1, Title 23, Delaware Code by striking the phrase "pay to the Board" as the same appears therein and inserting in lieu thereof the phrase "pay to the Division of Professional Regulation" and also by striking the phrase "by the Board" as the same appears at the end of said section, inserting in lieu thereof the phrase "by the Secretary of Administrative Services." Chapter 20 17 Section 7. Amend §111, Chapter 1, Title 23, Delaware Code by striking the number "3" as the same appears in the second sentence and inserting in lieu thereof the number "4"; by striking the phrase by the Board" as the same appears therein and inserting in lieu thereof the phrase "by the Secretary of Administrative Services"; and by striking the phrase "pay to the Board" and inserting in lieu thereof the phrase "pay to the Division of Professional Regulation". Section 8. Amend §112, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting a new §112 to read as follows: 112. Classes of Licenses. Six classes of licenses shall be granted: First class, to persons capable of piloting ships or vessels of any practical draft of water; Second class, to persons capable of piloting ships or vessels drawing 45 feet or under; Third class, to persons capable of piloting ships or vessels drawing 40 feet or under; Fourth class, to persons capable of piloting ships or vessels drawing 35 feet or under; Fifth class, to persons capable of piloting ships or vessels drawing 30 feet or under; and Sixth class, to persons capable of piloting ships or vessels drawing 25 feet or under." Section 9. Amend §113, Chapter 1, Title 23, Delaware Code by striking the existing section in its entirety and substituting in lieu thereof a new §113 to read as follows: "§113. Oualifications for Licenses: Limitation on Numbers of Pilots' Maximum Age of Licensees: Neglect of Duties. No license of the first, second, third, fourth, fifth or sixth class shall be granted to any person unless he or she has heretofore held or does now hold such license under the laws of this State or shall have served an apprenticeship as specified herein and by the Board, nor shall any license be granted until the person applying shall have arrived at the age of 21 years, nor shall any first class license be granted to any person until the number of first class pilots licensed under the laws of this state, excluding those pilots holding inactive licenses issued per §102(13) of this Title, shall have been reduced to less than 42, and thereafter such number shall not be exceeded. The whole number of second, third, fourth, fifth or sixth class licensed pilots, excluding those pilots holding inactive licenses issued per §102(13) of this Title, shall not exceed ten at any one time. Whenever and as often as a vacancy shall occur by reason of the number of first class pilots being reduced to less than 42, a first-class license shall be granted to the senior second-class pilot who is duly qualified under the laws of this state. No person shall be entitled to a license of the first class until that person has served for at least one year in each of the lower classes. Any license issued under this Chapter shall become void when the licensee reaches the age of seventy years, and shall not be renewed. Except as allowed by the Board or its rules, no pilot shall be entitled to a renewal of his or her license if he or she fails to pilot at least fifty-two (52) vessels over the route during the one year term of his or her license. Any pilot who fails to exercise his or her profession for any consecutive ninety (90) day period is forbidden from piloting vessels. Such pilot may resume piloting vessels only upon certification to the Board that he or she has made such refresher trips over the route as shall be deemed necessary by the Board to assure that he or she is fully familiar with conditions along the route. Refresher trips shall be made in the company of a first class pilot." (f) The provisions of subsection (a) and (b) of this Section shall not apply to any person who holds a valid first or second class State license as of April 8, 1993. Section 10. Amend §114, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §114 to read as follows: "§114. Apprenticeship Program. According to the needs and dictates of commerce and the interests of public safety, the Board shall from time to time solicit applications for and make appointments of apprentice pilots. No person shall be appointed to be an apprentice who does not hold either a baccalaureate degree from either a recognized and duly certified college or university, or from a maritime academy operated by the United States or a state, or a U.S. Coast Guard issued license to serve as third-mate on all oceans or master in near coastal waters aboard vessels of no less than 1600 tons, or a higher class of license. The number of apprentices at any one time shall be under the control and within the discretion of the Board of Pilot Commissioners. Apprenticeship openings, as they occur, shall be advertised for a period of not less than 1 week in a daily paper of general circulation. No person shall be entitled to a license in any class without first having completed the apprenticeship program enacted by regulation of the Board. The period of apprenticeship shall be four (4) years, excepting those apprentices who, at the time of appointment, held the above-described third-mate's or master's license, whose apprenticeship need be no longer than three (3) years. Apprentices must make a total of at least five hundred (500) trips over the route during their apprenticeship in vessels with first or second class pilots. The provisions of this section shall apply to all apprentices appointed after the effective date of this Act." Section 11. Amend §115, Chapter, Title 23, Delaware Code by striking the phrase "paying to the Board of Pilot Commissioners" as the same appears therein and inserting in lieu thereof the phrase "paying to the Division of Professional Regulation" and by striking the phrase "by the Board" as the same appears therein and inserting in lieu thereof the phrase "by the Secretary of Administrative Services". Section 12. Amend §116, Chapter 1, Title 23, Delaware Code by striking said section in its entirety. Section 13. Amend §117, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §117 to read as follows: "§117. Piloting Without License. Penalty. Whoever exercises the profession of pilot in the Bay or River Delaware, the navigable tributaries thereof, including the C&D Canal, or upon any other waters designated as pilotage waters by the Board, without a current license granted under this Chapter or under the laws of Pennsylvania shall be liable for a civil penalty equal to twice the amount of pilotage, as determined in accordance with this Chapter, for each such vessel piloted. Such penalty shall be payable to the State. Any person who provides pilotage to a vessel in distress shall not be deemed to have violated this section If he or she turns the vessel over to a duly licensed pilot who subsequently offers his or her services. No tugboat shall undertake to tow any vessel obligated by this Chapter to employ a pilot unless such vessel has a pilot on board who is licensed under this Chapter or by the Commonwealth of Pennsylvania. The master or person in charge of a tugboat which violates this section shall 18 Chapter 20 be deemed to be piloting without a license and shall be liable for the civil penalty described in paragraph (a) of this section. Any master, owner, charterer, operator, consignee, manager, or agent of a vessel required under this Chapter to take a pilot, who hires or allows a person to act as a pilot in violation of paragraph (a) hereof while knowing that the person does not hold a valid license issued under this Chapter or by the Commonwealth of Pennsylvania, shall be jointly and severally liable for the civil penalty described in paragraph (a) of this section. The State Attorney General on behalf of the Board may bring an action in the courts of this state or any other court of competent jurisdiction to enforce the provisions of this section." Section 14. Amend §120, Chapter 1, Title 23, Delaware Code by redesIgnating subparagraphs (4) and (5) of paragraph (a) thereof as subparagraphs (5) and (6) respectively, and by inserting a new subparagraph (4) to read as follows: "(4) levy a fine not to exceed $1,000;" Section 15. Amend §121, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting a new §121 to read as follows: "§121. Receipt of Pilots by Vessels: Penalties for Refusal. Jurisdiction Except vessels of less than 100 gross tons, every foreign vessel and every vessel engaged in foreign commerce or trade entering, departing or underway upon the Delaware Bay or River, the navigable tributaries thereof, including the C. & D. Canal, or upon such other waters designated pilotage waters by the Board, shall be obliged to receive and employ a pilot licensed under this Chapter or by the Commonwealth of Pennsylvania; As used in this section, "vessel engaged in foreign trade" shall be defined as any vessel carrying any cargo loaded in a foreign port, or destined for a foreign port, as well as any vessel in ballast, having discharged its cargo of foreign origin, unless such vessel has specific orders to a port in the United States at which it is to load cargo. Orders to a vessel to proceed to Delaware Bay, to sea, or any other place for orders or instructions shall not be deemed such specific orders. If the Master of any vessel refuses or neglects to take a pilot, the master, owner, charterer, operator, manager, consignee, or agent of such vessel shall: forfeit and pay to any such pilot suing for the same a sum equal to the pilotage of such vessel plus attorney fees and costs to be recovered by a suit in the courts of this state or before a Justice of the Peace, or such pilot may pursue his or her remedy therefore by a suit in admiralty in any United States court either in personam or by proceeding in rem, to enforce the lien given him on such ship or vessel, as such pilot may see fit and proper to do; and be liable to pay a civil penalty of up to $25,000, payable to the State, which penalty shall be enforceable via an action to be brought by the Attorney General in the courts of this State." Section 16. Amend §124, Chapter 1, Title 23, Delaware Code by striking said section in its entirety. Section 17. Amend §125, Chapter 1, Title 23, Delaware Code by striking said section in its entirety. Section 18. Amend §126, Chapter 1, Title 23, Delaware Code by striking the figure "$800" as the same appears in the second sentence of said section and inserting in lieu thereof the phrase: the applicable pilotage rate". Section 19. Amend Subchapter IV, Chapter 1, Title 23, Delaware Code by adding thereto a new §130 to read as follows: Chapter 20 19 1130. Definitions. As used in this Chapter: 'Deep draft vessel shall mean any vessel which by virtue of its draft is limited in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble. 'Piloting' is defined as the work of directing a ship or vessel's movement on the waters of the Bay and River Delaware, all navigable tributaries thereof, the C. & D. Canal, and such other waters as may, from time to time be designated as pilotage waters by the Board. 'Vessel' is defined as any ship, however powered, barge, or tug and barge, or other craft used or capable of being used in navigation for the transportation of cargo or passengers. 'Underway' is the condition of any vessel which is not at anchor, aground or attached by one or more lines ashore." Section 20. Amend §131, of Chapter 1, Title 23, Delaware Code by striking subparagraph (a)(2) in its entirety and substituting in lieu thereof a new subparagraph (a)(2) to read as follows: "(2) The charges per unit shall be as follows: Effective January 1, 1993 $4.74 per unit. Effective January 1, 1994 $5.02 per unit. Effective January 1, 1995 $5.32 per unit." Section 21. Amend §131, Chapter 1, Title 23, Delaware Code by striking subparagraph (b)(2) in its entirety and substituting in lieu thereof a new subparagraph (b)(2) to read as follows: "(2) The charges per unit shall be as follows: Effective January 1, 1993 $4.74 per unit. Effective January 1, 1994 $5.02 per unit. Effective January 1, 1995 $5.32 per unit." Section 22. Amend §131, Chapter 1, Title 23, Delaware Code by striking paragraph (c) in its entirety and substituting in lieu thereof a new paragraph (c) to read as follows: "(c) The Board shall establish and enforce charges for additional services, including, but not limited to, provisions for transporting charges and a credit policy, including carrying charges and attorney's fees." Section 23. Amend §134, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §134, to read as follows: "§134. Compensation for Extraordinary Piloting Services. Any vessel which has suffered any casualty limiting the capabilities of its steering, propulsion or navigational equipment or which is otherwise limited by its speed, draft, or other factor in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble shall be obliged to receive two (2) licensed pilots and to pay to each the full amount of pilotage required by this Chapter; in the event that such services are provided by a single pilot he or she may charge up to double the pilotage amount calculated in accordance with the rates of this Chapter." 20 Chapter 20 Section 24. Amend §135, Chapter 1, Title 23, Delaware number "15" as the same appears in said section and thereof the number "100". Section 25. Amend §136, Chapter 1, Title 23, Delaware number "15" as the same appears in the first sentence substituting in lieu thereof the number "100". Section 26. Amend Subchapter IV, Chapter 1, Title adding thereto a new §138 to read as follows: "138. Pilotage for Outbound Deep Draft Vessels. Outbound deep draft vessels shall be assigned two pilots for the outbound passage, and the vessel's pilotage rate for such passage shall be doubled to account for the use of the two pilots." Approved May 4, 1993. CHAPTER 21 FORMERLY SENATE BILL NO. 20 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 21, TITLE 21 OF THE DELAWARE CODE REGARDING WAIVER OF REQUIREMENT FOR REGISTRATION OF FARM VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §2113(2), Chapter 21, Title 21, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following new subsection (2): "(2) Farm vehicles exempt from inspection and registration: The requirement for registration and inspection of farm motor vehicles, vehicles, or trailers is waived for those motor vehicles, vehicles, or trailers if they are: Not used for hire; Operated or towed upon the public highways or roads within a five mile radius of a farm owned or managed by the owner of the vehicles; and Properly equipped with a stop light, turn signals and brakes which are in a safe operating condition." Approved May 6, 1993. Code by striking the substituting in lieu Code by striking the of said section and 23, Delaware Code by Chapter 20 21 22 CHAPTER 22 FORMERLY HOUSE BILL NO. 104 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 21, TITLE 21, DELAWARE CODE, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein): Section 1. Amend Chapter 21, Title 21, Delaware Code, by adding thereto a new §2139B to read as follows: "§2139B. Special License Plates for Recipients of the Purple Heart. (a)(1) The owner of any vehicle described in (2) of this subsection may apply to the Department for assignment to that vehicle of a special purple heart registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is the recipient of the purple heart medal. (2) This Section applies only to: A private passenger vehicle; or A truck with a three-fourth ton or less manufacturer's rated capacity. (b) Special registration may be issued by the Department under this section if the United States Department of Defense certifies that the applicant is a veteran of World War I, World War II, the Korean Conflict, Vietnam Conflict, Operation Desert Storm, or other military conflict on foreign soil in which United States armed forces were formally engaged in battle. No fee in addition to the annual registration fee otherwise required by this Title is required for registration under this Section; provided; however, that an original application under this Section shall be subject to a $10 administrative fee. Only 1 such plate shall be issued to an applicant. The Department shall reserve sufficient special license plates including the letters P H and numbered consecutively beginning with the numeral 1 as are necessary to implement this Section. Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person's estate, requesting that such plate be returned to the Department within ninety days." Approved May 12, 1993. 23 CHAPTER 23 FORMERLY SENATE BILL NO. 10 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE, RELATING TO THE OFFENSE OF PATRONIZING A PROSTITUTE. 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 §1343, Chapter 5, Title 11 of the Delaware Code by striking the words "Patronizing a prostitute is a violation:" and by re-designating all of said section as new subsection (a). Section 2. Amend §1343, Chapter 5, Title 11 of the Delaware Code by adding thereto the following subsections: "(b) Patronizing a prostitute is a misdemeanor. (c) Whenever any vehicle, as defined in Section 2321 of this title, has been used in, or in connection with, the offense of patronizing a prostitute, it shall forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of such use." Section 3. Amend Subchapter II, Chapter 23, Title 11 of the Delaware Code by adding, immediately after the words "of Title 30" as they appear in §2322, the following: ", or in a violation of §1343 of this Title," Section 4. Amend Subchapter II, Chapter 23, Title 11 of the Delaware Code by adding, immediately after the words "of Title 30" as they appear in §2326, the following: ", or in a violation of §1343 of this Title." Section 5. Amend Section 2, paragraph (b) by adding the following additional sentences: "The minimum mandatory fine shall be $500.00. This fine shall not be suspended." Section 6. Amend Section 2 by adding a new paragraph (d) to read as follows: "Vehicle seizure shall apply in the case of a defendant who has a previous conviction for the same offense in the previous 5 years. For the purpose of this Section, prior offense shall be defined as a conviction of 11 Del, C, §1343." Approved May 19, 1993. 24 CHAPTER 24 FORMERLY HOUSE BILL NO. 89 AS AMENDED BY HOUSE AMENDMENT NOS. 2, 3 AND SENATE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES; AND PROVIDING PENALTIES FOR CARJACKING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §222, Chapter 2, Title 11 of the Delaware Code by re-designating present subsection (2) as new subsection (3); by re-designating each succeeding section accordingly; and by adding thereto the following new subsection: '(2) 'Carjack' or 'carjacking shall mean unlawfully taking possession or control of a motor vehicle by coercion, by duress, or without the permission of the owner or any occupant of such vehicle, while such owner or other person is in or within ten (10) feet of the vehicle, whether or not anyone is injured by the offender in taking possession or control of the vehicle, and whether or not the offender physically drove or operated the vehicle." Section 2. Amend §604, Chapter 5, Title 11 of the Delaware Code by designating the first paragraph of said section as new subsection (a), by striking the last sentence of said section; and by adding thereto the following: "(b) Where a person unlawfully takes possession or control of a motor vehicle by duress or without permission of the owner, occupant or former occupant who is within 10 feet of the motor vehicle, or otherwise commits an act of carjacking as the same is defined in §222 of this Title, such person is guilty of reckless endangering in the first degree. (c) Reckless endangering in the first degree is a Class E felony." Section 3. Amend §612, Chapter 5, Title 11 of the Delaware Code by striking the period (.) at the end of subsection (6), and substituting "; or" in lieu thereof; and by adding, thereto a new subsection, designated as subsection (7), which new subsection shall read as follows: "(7) such person carjacks a motor vehicle as carjacking is defined in §222, whether or not such person intends to permanently deprive the owner of the use of the vehicle; and while in possession or control of such vehicle the offender: commits the crime of reckless endangering in the first degree as defined in 11 Del. C. §604(a); compels a lawful occupant of the vehicle to leave the vehicle; or causes the vehicle to be operated recklessly." Section 4. Amend §612, Chapter 5, Title 11 of the Delaware Code by striking the first three words of said section ("A person is"), and substituting the words "(a) A person is" in lieu thereof; by designating the second-to-last sentence of said section (beginning with the word "Assault") as new subsection (c); and by striking the first four words of the last sentence of said section, and substituting "(b) It is no defense, for an offense under (a)(6) of this section" in lieu thereof. Section 5. Amend §613, Chapter 5, Title 11 of the Delaware Code by striking the period at the end of subsection (7), and substituting "; or" in lieu thereof; and by adding thereto a new subsection, designated as subsection (8) which new subsection shall read as follows: "(8) such person carjacks a motor vehicle as carjacking is defined in §222, and while in possession or control of such vehicle the person: commits or attempts to commit a Class D or greater felony; operates the vehicle while under the influence of alcohol and/or drugs as defined in 21 Del. C. §4177; has possession of a 'controlled substance as that term is defined in 16 Del, C. §4701 (7); has possession of a 'deadly weapon' as that term is defined in 11 Del. C §222 (5); or intentionally or unintentionally causes 'physical injury,' as that term is defined in 11 Del. C. §222 (20), to another person.'" Section 6. Amend §613, Chapter 5, Title 11 of the Delaware Code by striking the first three words of said section ("A person is"), and substituting the words "(a) A person is" in lieu thereof, by designating the second-to-last sentence of said section (beginning with the word "Assault") as new subsection (c); and by striking the first four words of the last sentence of said section, and substituting "(b) It is no defense, for an offense under (a)(7) of this section" in lieu thereof. Approved May 19, 1993. CHAPTER 25 FORMERLY HOUSE BILL NO. 115 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 2 AN ACT TO AMEND 68 LAWS OF DELAWARE, CHAPTER 156, BEING THE 1992 BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND 68 LAWS OF DELAWARE, CHAPTER 405, BEING THE 1993 BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE. 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 68 Laws of Delaware, Chapter 156, Section 19, by striking the language "None of the aforementioned appropriated funds may be expended for the Hockessin Library until New Castle County has purchased replacement land to protect the aquifer" and insert in lieu thereof the following language "None of the aforementioned appropriated funds may be expended for the Hockessin Library until New Castle County has received a written confirmation that replacement lands to protect the aquifer can be acquired from another public agency." Section 2. Amend 68 Laws of Delaware, Chapter 405, Section 3, by striking the following language as it appears therein: "NCCO. Vo-Tech (60%-40%) 125,000 83,333 208,333" and by substituting in lieu thereof the following language: "NCCO. Vo-Tech (100%) 125,000 0 125,000" Section 3. Further amend 68 Laws of Delaware, Chapter 405, Section 3, by striking the following language as it appears therein: "Sub-totals $5,951,900 $2,966,310 $8,918,210" and by substituting In lieu thereof the following language: "Sub-totals $5,951,900 $2,882,977 $8,834,877." Approved May 19, 1993. Chapter 24 25 26 CHAPTER 26 FORMERLY HOUSE BILL NO. 163 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 5, TITLE 7, DELAWARE CODE RELATING TO EXEMPTIONS FOR LICENSE REQUIREMENTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1, Amend Chapter 5, Title 7 of the Delaware Code by adding a new Section to read as follows: 1590. Free Sport Fishing Days. The Secretary of the Department of Natural Resources and Environmental Control may designate up to two (2) days within national fishing week, which may or may not be consecutive, during each calendar year as "free sport fishing days". On the designated "free sport fishing days", residents and non-residents are exempt from the fishing requirements of Section 501, 505 and 506 of this Chapter but are subject to all other statutory and regulatory provisions that pertain to fishing." Approved May 19, 1993. CHAPTER 27 FORMERLY HOUSE BILL NO. 44 AN ACT TO AMEND CHAPTER 26, TITLE 9, DELAWARE CODE RELATING TO NEW CASTLE COUNTY ZONING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §2614, Chapter 26, Title 9, Delaware Code by designating the existing paragraph as subsection (a) and by adding a new subsection to read as follows: "(b) Any rezoning which is approved subject to restrictions shall require a two-thirds vote of all members elected to the County Council to release, remove or change such restrictions, unless the Planning Department recommends approval of the release, removal or change of said restrictions, in which case a simple majority of all members elected to the County Council shall be required." Approved May 19, 1993. CHAPTER 28 FORMERLY HOUSE BILL NO. 63 AN ACT TO AMEND CHAPTERS 2 AND 27, TITLE 14, DELAWARE CODE RELATING TO MANDATORY AGE OF ATTENDANCE IN PUBLIC SCHOOLS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE. Section 1. Amend §202(a), Title 14, Delaware Code by striking the words "grades 1 through 12" as they appear in said subsection and by substituting in lieu thereof the words "kindergarten through grade 12." Section 2. Amend §2702(a), Title 14, Delaware Code by striking said subsection in its entirety and by substituting in lieu thereof the following: "(a) Except as otherwise set forth in this Section, every person in the State having control of a child between 5 years of age and 16 years of age shall send such child to a free public school, in the district of residence of the parents, except as determined in accordance with Chapter 6 of this Title, and shall send the child to such school each day of the minimum school term of 180 days. For purposes of this Section, a child shall be considered 5 years of age if he or she celebrates his or her fifth birthday according to the following schedule: 1993-94 school year fifth birthday on or before November 30, 1993. 1994-95 school year 1995-96 school year 1996-97 school year Subsequent school years Local school authorities may grant exceptions to the above schedule for entry into school if they determine that such exception is in the best interest of the child." Approved May 20, 1993, CHAPTER 29 FORMERLY HOUSE BILL NO. 76 AN ACT TO AMEND §7101, CHAPTER 71, PART IV, TITLE 14 OF THE DELAWARE CODE RELATING TO DISTRICT LIBRARIES. Section 1. Amend §7101, Chapter 71, Part IV, Title 14 of the Delaware Code by deleting the period "." which appears at the end of §7101 and substituting in lieu thereof the following: provided, however, that the Lewes Public Library may request exemption as provided herein after August 31, 1975." Approved May 20, 1993. fifth birthday on or before October 31, 1994. fifth birthday on or before September 30, 1995. fifth birthday on or before August 31, 1996. fifth birthday on or before August 31 of the respective year. 27 28 CHAPTER 30 FORMERLY HOUSE BILL NO. 61 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REINCORPORATE THE VILLAGE OF ARDEN" AS AMENDED RELATING TO REGISTRATION COMMITTEES. 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 §9(a), Chapter 125, Volume 56, Laws of Delaware by deleting paragraph (1) thereof in its entirety and by inserting in lieu thereof the following: "(1) five residents of the Village elected by the Town Assembly. Two members of the Committee shall be elected by the Town Assembly at its regular March meeting in each odd-numbered year. Three members of the Committee shall be elected by the Town Assembly at its regular March meeting in each even-numbered year. Each member, so elected, shall serve in office for two years or until his/her successor is duly elected; and" Section 2. The first election after the enactment of this Act will be the transition election. In this election five members will be elected to the registration committee. If the transition election falls in an odd year, the 2 nominees with the two highest number of votes will serve for a two year term and the 3 nominees with the next three highest number of votes will serve for a one year term. If the transition election falls in an even year, the 3 nominees with the three highest number of votes will serve for a two year term and the 2 nominees with the two next highest number of votes will serve for a one year term. Approved June 1, 1993. CHAPTER 31 FORMERLY HOUSE BILL NO. 105 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36 OF THE LAWS OF DELAWARE, AS AMENDED, RELATING TO REAL PROPERTY REASSESSMENTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 47, Chapter 158, Volume 36, Laws of Delaware, as amended by Chapter 283, Volume 46, Laws of Delaware; as amended by Chapter 314, Volume 47, Laws of Delaware; as amended by Chapter 93, Volume 51, Laws of Delaware; as amended by Chapter 100, Volume 62, Laws of Delaware; as amended by Chapter 5, Volume 64, Laws of Delaware; as amended by Chapter 365, Volume 66, Laws of Delaware; and as amended by Chapter 7, Volume 67, Laws of Delaware, by striking the ninth paragraph of said Section 47, and substituting in lieu thereof the following sentences: "Whenever Council shall so direct, all real property in the City of Dover shall be reassessed by a certified independent outside appraiser chosen by Council. This reassessment shall be in lieu of the valuation and assessment made by the assessor chosen by Council as described hereinabove and in lieu of the assessor's duties described hereinabove." Approved June 1, 1993. CHAPTER 32 FORMERLY HOUSE BILL NO. 197 AN ACT TO WAIVE THE STATUTORY PROVISIONS OF §107(a), TITLE 13, OF THE DELAWARE CODE RELATING TO THE MARRIAGE OF KEVIN PATRICK O'BRIEN AND MICHELLE ANN TAYLOR. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Kevin Patrick O'Brien and Michelle Ann Taylor are hereby exempted from the provisions of 13 Del. C., §107(a) and are specifically authorized to marry on June 6, 1993, or within 30 days thereafter; the Clerk of the Peace for Sussex County shall issue to Kevin Patrick O'Brien and Michelle Ann Taylor one official marriage license pursuant to this Act, the provisions of 13 Del. C., §107(a) to the contrary notwithstanding. Approved June 2, 1993. 29 30 CHAPTER 33 FORMERLY SENATE BILL NO. 73 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 21, DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF DUCKS UNLIMITED. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein): Section 1. Amend Title 21 Delaware Code by adding thereto a new §2139B to read as follows: §2139B. Special License Plates For Members of Ducks Unlimited. (a) The owner of any vehicle described in paragraph (1) of this subsection may apply to the Department for the assignment to that vehicle of a special Ducks Unlimited registration. (I) This section applies only to: A private passenger vehicle; or A truck with a three-fourth ton or smaller manufacturer's rated capacity. (b) Special registration may be issued under this section only if: The applicant states that he is a member of the Delaware Chapter of Ducks Unlimited; and The Delaware Chapter of Ducks Unlimited certifies that the applicant is an active member of that organization. (c) No fee in addition to the annual registration fee required by this title is required for registration under this section; however, the original application under this section shall be subject to a $10 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this Section and to fund Department of Motor Vehicle projects notwithstanding the provisions of Chapter 13 and 14 of Title 2, Delaware Code to the contrary. (d) Only I such plate shall be issued to an applicant. (e) The Department shall reserve sufficient license plates including the letters D.U. and numbered consecutively beginning with the numeral 1 as are required for this section. (f) Upon notification from the Delaware Chapter of Ducks Unlimited that an individual is no longer an active member of that organization, the Department shall notify the license plate holder to surrender the license plate to the Department within thirty (30) days. Approved June 3, 1993. CHAPTER 34 FORMERLY SENATE BILL NO. 114 AN ACT TO AMEND AN ACT, BEING CHAPTER 128, VOLUME 33, LAWS OF DELAWARE, AS AMENDED, ENTITLED AN ACT TO REINCORPORATE THE TOWN OF MIDDLETOWN" REGARDING THE DEBT CEILING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Section 21, Chapter 128, Volume 33, Laws of Delaware, as amended, be and is hereby amended by striking the section in its entirety and inserting in lieu thereof the following: "Section 21. Debt which has been refunded or advance refunded with proceeds of the advance refunding sufficient to pay principal and interest on the debt to the first allowable call date having been irrevocably deposited in trust with a Delaware bank irrevocably with instructions to make no investment of the funds deposited other than in guaranteed or direct obligations of the United States shall not be counted as indebtedness, and shall not require a referendum." Approved June 3, 1993. CHAPTER 35 FORMERLY SENATE BILL NO. 25 AN ACT TO AMEND CHAPTER 99, TITLE 16, OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE DELAWARE HEALTH CARE COMMISSION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §9902(a) subsections 1 and 2 of Title 16, Delaware Code by deleting said subsections and substituting in lieu thereof the following: "§9902. Delaware Health Care Commission. (a) There is hereby established the Delaware Health Care Commission, hereinafter in this Chapter referred to as the Commission. Said Commission shall consist of 10 members, 4 of whom shall be appointed by the Governor, 1 of whom shall be appointed by the President Pro Tempore of the State Senate and 1 of whom shall be appointed by the Speaker of the House of Representatives. Of the 6 appointed members, at least 1 member shall be a resident of each county. The Insurance Commissioner, the Secretary of Finance, the Secretary of Health and Social Services, and the Secretary of Services for Children, Youth and Their Families shall serve as ex-officio members of the Commission. The Governor shall designate 1 member of the Commission to be chairman who shall serve at the pleasure of the Governor. The terms of the remaining 5 appointed members shall be for 4 years except that the initial term of each may be for a lesser period. Any vacancy shall be filled by the Governor for the balance of the unexpired term. A member of the Commission shall be eligible for reappointment. No more than 6 of the Commission members shall be of the same political party." Section 2. Amend 9902(b) by inserting after the word "Services," and before the word "the" in the first sentence of said subsection "the Department of Services for Children, Youth and Their Families,". Approved June 3, 1993. 31 32 CHAPTER 36 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 18 AN ACT TO AMEND CHAPTER 55, TITLE 15, DELAWARE CODE RELATING TO ABSENTEE BALLOTS FOR THE PHYSICALLY DISABLED. BE IT ENACTED BY THE GENERAL ASSEMBLY Of THE STATE OF DELAWARE: Section 1. Amend §5503, Chapter 55, Title 15, Delaware Code by adding a new sentence after the first sentence thereof to read as follows: "The affidavit for any voter qualifying due to being physically disabled pursuant to §5502(4) of this Title shall be deemed sufficient to receive an absentee ballot for all elections which are held within that calendar year, unless the elector indicates at the time the request is made the elections for which the elector desires to receive an absentee ballot." Approved June 11, 1993. CHAPTER 37 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 32 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 15, TITLE 28 OF THE DELAWARE CODE RELATING TO THE DELAWARE GAMING CONTROL BOARD. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 15, Title 28, Delaware Code, by adding thereto a new §1504 to read as follows: "§1504 Poker Games schoancllTe hrenn ointg G abemth inepg rogahCmiboe nitetordof l fprooBmkoea rru;d tpilriszohvinaidlgle dm,p roohnmoitwuolregsva etaer, n da/r ourll iecseen ngsaaegndidn go rretghgaeun liauzsatieot iononsf dealers at any poker game." Approved June 11, 1993. 33 CHAPTER 38 FORMERLY HOUSE BILL NO. 145 AS AMENDED BY HOUSE AMENDMENT HG. 1 AN ACT TO AMEND CHAPTER 51, TITLE 29, DELAWARE CODE, RELATING TO LEAVE FOR VOLUNTEER EMERGENCY SERVICE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 51, Title 29, Delaware Code, by adding thereto a new §5119 to read as follows: "§5119. Leave for Volunteer Emergency Duty. Any State employee, who is an active volunteer firefighter or active auxiliary member may, with the approval of the agency which employs such person be permitted to respond to fire, rescue, ambulance, or other emergency calls during his or her regular hours of employment without loss of pay, vacation, sick leave, or personal leave credit." Approved June 11, 1993. CHAPTER 39 FORMERLY HOUSE BILL NO. 68 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 15, TITLE 14, DELAWARE CODE, RELATING TO SCHOOL DISTRICT QUARTERLY REPORTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §1509, Chapter 15, Title 14, Delaware Code, by striking the period "." immediately following the words "percent level" in the fifth sentence thereof and inserting the following: provided, however, that if the unobligated balance is in excess of the 20 percent level or $100,000 whichever is more, all reorganized school districts shall submit in their August 31 report how they propose to expend and/or dispose of the excess unobligated balance above the 20 percent level or $100,000 whichever is more. This report shall have been reviewed and approved by the school board of each reorganized school district and be made a part of the public record of that school district." Approved June 11, 1993. 34 CHAPTER 40 FORMERLY SENATE BILL NO. 58 AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO BUILDING AND LOAN ASSOCIATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §1727, Title 5 of the Delaware Code by deleting the numerals "$3,000,000" and replacing said numerals with "$4,000,000". Section 2. Amend §1727, Title 5 of the Delaware Code by adding at the end of the present section the following: "Before an institution which is not federally insured receives funds from a new shareholder, investor, member, subscriber, and or depositor the institution shall obtain the signature of such person upon a disclosure, on a form approved by the State Bank Commissioner, advising such person that the funds deposited with that institution are not federally insured." Approved June 17, 1993. 35 CHAPTER 41 FORMERLY HOUSE BILL NO. 120 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 41, TITLE 14, DELAWARE CORE, RELATING TO THE PARENTS AS TEACHERS PROGRAM. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 41, Title 14, of the Delaware Code by adding thereto a new section designated as Section 4118 to read as follows: "Section 4118. Parents as Teachers Program. (a) The General Assembly finds and declares as follows: The home environment and parental attitudes about the value of education can have a significant effect on a child's ability or desire to learn. A well-substantiated body of research on how children learn and grow clearly indicates that a child's most productive and influential years of learning occur before the age of five. Experts in child development generally agree that 50 percent of intelligence, and the great majority of language skills, are developed by age four, and that these, along with the establishment of curiosity and social skills, lay the foundation for all further /earning. Failure In the early years to develop adequately in these areas has been shown to lead directly to under achievement and failure in the elementary grades and beyond. Most of the children headed for academic difficulty at age six and beyond are, by age three, already significantly behind their peers. The potential dropout often comes from a home in which well-intentioned but untrained parents have not gained, or do not use effectively, their personal resources to adequately nurture in their child the intellectual and social skills required for success in the early grades. Parents are the first and most influential teachers in their child's life and a free developmental resource for their child. Neither public nor private institutions are systematically providing a meaningful number of Delaware parents with research-based, up-to-date instructions in giving their children the best possible beginning. Delaware's current Parent As Teachers Program was first initiated approximately 15 years ago by Joe Cobb, an elementary school principal and long-time Delaware educator, who recognized such in-home early education efforts as investments in our children's futures. The family is the proper and most influential first educational delivery system for the child. Evidence exists that a child's early experiences can significantly enhance or inhibit development and learning. It is both educationally sound and most cost-effective for schools to work cooperatively with the home during the crucial first years. High quality parenting can be one of this country's greatest national resources. It is a learned skill that can be improved for the benefit of the individual family and for our society. 36 Chapter 41 (b) The Parents as Teachers Program is hereby established under the auspices of the State Board of Education and shall be coordinated through one or more local school boards. The State Board of Education shall establish programs to train parents as teachers. The program shall address the educational needs of targeted parents of children and shall contain the following elements: The use of individuals who are professionally trained in child development and parenting. The provision by participating school systems of instruction in child development and parenting, on a voluntary enrollment basis, to targeted parents of children from infancy through age three. The program shall be provided in homes and other appropriate community settings in a cost-effective, accessible and convenient manner. The program shall include all of the following: ( i) Timely and practical information and guidance on development in language, cognitive and social skills. ( ii) Instruction in the effective use of community parenting resources, including developmental and medical screening and, as needed, early intervention for children through the first three years of life, contingent on the availability of resources and the level of voluntary parental participation. (iii) Regular visits to the home of each participating parent, as part of that course of instruction by one or more of the qualified educators administering the course. Services shall be focused and targeted, to the extent possible, to parents of at risk children. Coordination, where appropriate, with other programs in other State agencies, which serve this population. (c) Each year as provided in the Annual Operating Budget, the Delaware State Board of Education shall solicit proposals and shall select participants for the program. The request for proposals shall require participants to demonstrate all of the following: Ability to provide training for the Parents as Teachers Program. Evidence of significant local support for the project from school system administrators and local school boards and local parent and children advocacy organizations. Evidence that services will be provided to a racially, culturally, geographically and economically diverse targeted population. (d) The State Board of Education shall evaluate proposals to insure that the development of parenting skills provided by the program increases: Intellectual and language development. Knowledge level of child development and child rearing practices by parents. Positive feelings about the usefulness of the program. Positive attitudes toward the school system. (e) The State Board of Education shall require applicants selected for the grant program, as condition for the receipt of grant proceeds, to participate in in-service training programs. (f) The implementation of the Parents As Teachers Program shall be subject to specific annual appropriation in the Annual Appropriations Act." Approved June 24, 1993. CHAPTER 42 FORMERLY SENATE BILL NO. 161 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 15, TITLE 6 OF THE DELAWARE CODE BY PROVIDING FOR THE FORMATION, REGISTRATION, AND REGULATION OF REGISTERED LIMITED LIABILITY PARTNERSHIPS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein): Section 1. Amend §1502, Chapter 15, Title 6 of the Delaware Code by adding a new subsection (6) to read as follows: "(6) 'Registered limited liability partnership means a partnership formed pursuant to an agreement governed by the laws of this state, registered under §1544 of this title and complying with §§1545 and 1546 of this title." Section 2. Amend §1506(a), Chapter 15, Title 6 of the Delaware Code by adding the phrase and includes, for all purposes of the laws of this state, a registered limited liability partnership" after the word "profit". Section 3. Amend §1515, Chapter 15, Title 6 of the Delaware Code by deleting the phrase "All partners are liable:" as said phrase appears therein and substituting in lieu thereof the phrase "(a) Except as provided in subsection (b) of this section, all partners are liable:", and by adding new subsections (b), (c), and (d) to read as follows: "(b) Subject to subsection (c) of this section, a partner in a registered limited liability partnership is not liable for debts and obligations of the partnership arising from negligence, wrongful acts, or misconduct committed while the partnership is a registered limited liability partnership and in the course of the partnership business by another partner or an employee, agent, or representative of the partnership. Subsection (b) of this section shall not affect the liability of a partner in a registered limited liability partnership for his own negligence, wrongful acts, or misconduct, or that of any person under his direct supervision and control. The ability of an attorney-at-law, admitted to the practice of law in Delaware, to practice law in a registered limited liability partnership, shall be determined by the Rules of the Supreme Court of this state." Section 4. Amend §1518(1), Chapter 15, Title 6 of the Delaware Code by adding the phrase "except as provided in §1515(b) of this title, each partner" after the phrase "are satisfied; and". Section 5. Amend §1534, Chapter 15, Title 6 of the Delaware Code by deleting the word "or" appearing at the end of §1534(1), by deleting the period appearing at the end of §1534(2) and substituting in lieu thereof the phrase "; or", and by adding a new subsection (3) to read as follows: "(3) The liability is for a debt or obligation for which the partner is not liable as provided in §1515(b) of this title." Section 6. Amend §1536(d), Chapter 15, Title 6 of the Delaware Code by deleting the word "all" appearing in the subsection and substituting in lieu thereof the word "those", and by adding the phrase "and for which he was liable under §1515 of this title,' after the words "while he was a partner". Section 7. §1540(1)(b), Chapter 15, Title 6 of the Delaware Code by deleting the phrase "necessary for the payment of all the liabilities", and by substituting "(4)" for "(2)" appearing in the subsection. Section 8. Amend §1540(4), Chapter 15, Title 6 of the Delaware Code by adding at the beginning of the subsection, following "(4)", the phrase "Except 37 as provided in §1515(b) of this title: (a)", and by deleting the phrase but if which appears after the phrase "liabilities;" and substituting in lieu thereof the phrase "and (b) If". Section 9. Amend Chapter 15, Title 6 of the Delaware Code by adding thereto new §§1544 through 1547, to read as follows: 1544. Reaistered Limited Liability Partnerships. To become and to continue as a registered limited liability partnership, a partnership shall file with the Secretary of State an application or a renewal application, as the case may be, stating the name of the partnership; the address of its principal office; if the partnership's principal office is not located in this state, the address of a registered office and the name and address of a registered agent for service of process in this state which the partnership shall be required to maintain; the number of partners; a brief statement of the business in which the partnership engages; and that the partnership thereby applies for status or renewal of its status, as the case may be, as a registered limited liability partnership. The application or renewal application shall be executed by a majority in interest of the partners or by one or more partners authorized to execute an application or renewal application. The application or renewal application shall be accompanied by a fee of $100 for each partner, but in no event shall the fee payable for any year with respect to a registered limited liability partnership under this section be more than the maximum annual corporation franchise tax as specified in 8 Del. C. §503(c). The Secretary of State shall register as a registered limited liability partnership, and shall renew the registration of any registered limited liability partnership, any partnership that submits a completed application or renewal application with the required fee. Registration is effective for one year after the date an application is filed, unless voluntarily withdrawn by filing with the Secretary of State a written withdrawal notice executed by a majority in interest of the partners or by one or more partners authorized to execute a withdrawal notice. Registration, whether pursuant to an original application or a renewal application, as a registered limited liability partnership is renewed if, during the sixtyday period preceding the date the application or renewal application otherwise would have expired, the partnership files with the Secretary of State a renewal application. A renewal application expires one year after the date an original application would have expired if the last renewal of the application had not occurred. The status of a partnership as a registered limited liability partnership shall not be affected by changes after the filing of an application or a renewal application in the information stated in the application or renewal application. The Secretary of State may provide forms for application for or for renewal of registration. §1545. Name of Registered Limited liability Partnerships. The name of a registered limited liability partnership shall contain the words 'Registered Limited Liability Partnership' or the abbreviation 'L.L.P. as the last words or letters of its name. §1546. Insurance or Financial Responsibility of Registered Limited Liability Partnerships. (a) A registered limited liability partnership shall carry at least $1,000,000 of liability insurance of a kind that is designed to cover the kinds of negligence, wrongful acts, and misconduct for which liability is limited by §1515(b) of this title and which insures the partnership and its partners. 38 Chapter 42 Chapter 42 39 If, in any proceeding, compliance by a partnership with the requirements of subsection (a) of this section is disputed, (1) that Issue shall be determined by the court, and (2) the burden of proof of compliance shall be on the person who claims the limitation of liability in §1515(b) of this title. If a registered limited liability partnership is in compliance with the requirements of subsection (a) of this section, the requirements of this section shall not be admissible or in any way be made known to a jury in determining an issue of liability for or extent of the debt or obligation or damages in question. A registered limited liability partnership is considered to be in compliance with subsection (a) of this section If the partnership provides $1,000,000 of funds specifically designated and segregated for the satisfaction of judgments against the partnership or its partners based on the kinds of negligence, wrongful acts, and misconduct for which liability Is limited by §1515(b) of this title by: deposit in trust or in bank escrow of cash, bank certificates of deposit, or United States Treasury obligations; or a bank letter of credit or insurance company bond. §1547. Applicability of Chapter to Foreign and Interstate Commerce. A partnership, including a registered limited liability partnership, formed and existing under this chapter, may conduct its business, carry on its operations, and have and exercise the powers granted by this chapter in any state, territory, district, or possession of the United States or in any foreign country. It is the policy of this state that the internal affairs of partnerships, including registered limited liability partnerships, formed and existing under this chapter, including the liability of partners for debts and obligations of partnerships, shall be subject to and governed by the laws of this state." Section 10. This Act shall become effective on August 1, 1993. Approved June 24, 1993. 40 CHAPTER 43 FORMERLY HOUSE BILL NO. 67 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 28, TITLE 24, DELAWARE CODE, RELATING TO PROFESSIONAL ENGINEERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend subsection (6), §2803, Chapter 28, Title 24, Delaware Code, by striking said subsection in its entirety and substituting the following in lieu thereof: "(6) 'Engineer intern' shall mean a person certified as an engineer Intern by the Council." Section 2. Amend §2804, Chapter 28, Title 24, Delaware Code, by striking the words "engineer-in-training" as the same appear in said section, and substituting the words "engineer intern" in lieu thereof; and by striking the words "engineers-in-training" as the same appear in said section, and substituting the words "engineer interns" in lieu thereof. Section 3. Amend subsection (c), §2806, Chapter 28, Title 24, Delaware Code, by striking the words "engineers-in-training" as the same appear in said subsection, and substituting the words "engineer interns" in lieu thereof. Section 4. Amend subparagraph b paragraph (1), subsection (d), §2806, Chapter 28, Title 24, Delaware Code, by striking the word "engineer-in-training" as the same appear in said subparagraph, and substituting the words "engineer intern" in lieu thereof. Section 5. Amend subparagraph f., paragraph (1), subsection (d), §2806, Chapter 28, Title 24, Delaware Code, by striking the words "engineer-in-training" as the same appear in said subparagraph, and substituting the words "engineer intern" in lieu thereof. Section 6. Amend paragraph (3), subsection (d), §2806, Chapter 28, Title 24, Delaware Code, by striking the words "engineers-in-training" as the same appear in said paragraph, and substituting the words "engineer interns" in lieu thereof. Section 7. Amend paragraph (3), subsection (e), §2806, Chapter 28, Title 24, Delaware Code, by striking said paragraph in its entirety and substituting the following in lieu thereof: Any member, associate member, or holder of certificate of authorization on the active roster, who intends to withdraw from the practice of engineering in the State, shall notify the Secretary of the Council in writing. That name will then be removed from the active roster and be placed in an inactive file. That name may be reinstated to active status by a request for reinstatement, in writing, within ten years of that removal from the active roster, to the Secretary of the Council and by payment of a reinstatement fee. After the expiration of the ten year period, reinstatement may be obtained only by reapplying for registration pursuant to §2817 of this Title. Any member, associate member, or holder of a certificate of authorization in inactive status shall be ineligible to practice engineering in the State." Section 8. Amend paragraph (4), subsection (e), §2806, Chapter 28, Title 24, Delaware Code, by striking said paragraph in its entirety and substituting the following in lieu thereof: Any member, associate member, or holder of a certificate of authorization, who has not given notice of withdrawal, and whose name has been removed from the active roster because of a delinquency in payment of fees, may be reinstated upon petition to the Council within ten years of the removal from the active roster and by payment of the reinstatement fees plus any delinquency fees. After the expiration of the ten-year period, Chapter 43 41 reinstatement may be obtained only by reapplying for registration pursuant to §2817 of this Title." Section 9. Amend subsection (1), §2817, Chapter 28, Title 24, Delaware Code, by striking subsection (1) through paragraph a., beginning with the words "(1) Graduates from ABET or CEAB" through "or by the Canadian Engineering Accreditation Board (CEAB); and" and substituting in lieu thereof the following: "(1) Graduates from engineering curriculum approved by the Accreditation Board for Engineering and Technology (ABET) or from an ABET recognized foreign accreditation agency approved curriculum. a. Graduation with a baccalaureate degree from an engineering curriculum accredited by the Accreditation Board for Engineering and Technology (ABET) or by a foreign curriculum accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures; and." Section 10. Amend paragraph a., subsection (4), §2817, Chapter 28, Title 24, Delaware Code, by adding a new subparagraph 3., which new subparagraph shall read as follows: "3. The professional engineering qualifications of the applicant include successful passing of written examinations totaling 16 hours, meeting the additional requirements of subsection (5), §2817, of this Title, and having a minimum of 10 years of professional experience in engineering work of a character satisfactory to the Council, such experience indicating that the applicant is competent to practice as an engineer. Such experience shall have been obtained in states, territories or possessions of the United States, the District of Columbia, or provinces or territories of Canada, and at least 8 years of it shall have been obtained after the applicant has received the said valid certificate of registration." Section 11. Amend §21117, Chapter 28, Title 24, Delaware Code, by renumbering present subsection (6) as new subsection (7) and present subsection (7) as new subsection (8), and by adding a new subsection (6), which new subsection shall read as follows: "(6) Applicants for registration as a professional engineer shall be exempt from the requirement to pass the written 8 hour Fundamentals of Engineering Examination, if they are qualified as follows: An individual holding an earned doctoral degree in engineering from a university, which had an ABET accredited undergraduate program in that discipline at the time that individual earned his/her doctoral degree, providing that doctoral degree required the passing of a Ph.D. qualifying examination from that university; or, An individual holding a baccalaureate degree from a Council-approved 4 year engineering curriculum, who has at least twenty (20) years of professional experience in the lawful practice of engineering of a character satisfactory to the Council, and which experience indicates that the applicant is competent to practice as a professional engineer." Section 12. Amend §2819, Chapter 28, Title 24, Delaware Code, by striking said section in its entirety and substituting the following in lieu thereof: "§2819. Requirements for Certification as an Engineer Intern The following shall be considered as minimum satisfactory evidence that the applicant has qualified for certification as an engineer intern: (1)a. Graduation with a baccalaureate degree from an engineering curriculum accredited by the Accreditation Board of Engineering and Technology (ABET),, or by a foreign curriculum accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures, or from a Council-approved curriculum in engineering not accredited by ABET or an ABET-approved curriculum accreditation agency, engineering technology or science related to engineering; or b. Age 45 and Council-approved professional experience of 20 years or more; and (2) Successful passing of an 8-hour examination in the fundamentals of engineering." Approved June 25, 1993. CHAPTER 44 FORMERLY HOUSE BILL NO. 146 AN ACT TO AMEND CHAPTER 5, SUBCHAPTER II, SUBPART D, TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF VOLUNTARY SOCIAL COMPANION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 5, Subchapter II, Subpart D, Title 11, Delaware Code by adding a new sentence to the end of present Section 761(h) as follows: "A victim who is less than 12 years of age is not the voluntary social companion of a defendant 18 years of age or older." Approved June 25, 1993. CHAPTER 45 FORMERLY HOUSE BILL NO. 191 AN ACT TO AMEND CHAPTER 59, VOLUME 63 LAWS OF DELAWARE, AS AMENDED, ENTITLED AN ACT TO INCORPORATE THE TOWN OF DEWEY BEACH BE IT ENACTED, by the General Assembly of The State of Delaware (Two-Thirds of all members elected to each House thereof concurring therein): AMEND Section 26(a), Chapter 59, Volume 63, Laws of Delaware, by deleting therefrom the words "thirty-five thousand dollars ($35,000)", and substituting in lieu thereof the words: "One million five hundred thousand dollars ($1,500,000)" Approved June 25, 1993. 42 Chapter 43 CHAPTER 46 FORMERLY SENATE BILL NO. 24 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 82, TITLE 29, DELAWARE CODE, RELATING TO BOILER SAFETY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §8203(2)b, Chapter 82, Title 29, Delaware Code, by striking such subsection in its entirety and substituting in lieu thereof the following new §8203(2)b to read as follows: "b. A Director of the Division of Boiler Safety, who shall be known as the Director of Boiler Safety and who shall have at the time of such appointment a valid Commission as an Inspector of boilers and pressure vessels with "B" and "N" endorsements by the National Board of Boiler and Pressure Vessel Inspectors. In addition, this person must have not fewer than five years of experience in the construction, installation, Inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, or boiler inspector." Section 2. Amend §8211(c), Chapter 82, Title 29, Delaware Code, by striking the words "professor of mechanical engineering" as they appear therein and substituting in lieu thereof the words "a representative of a company licensed to insure boilers and pressure vessels in Delaware" Approved June 25, 1993. CHAPTER 47 FORMERLY SENATE BILL NO. 70 AN ACT TO AMEND CHAPTER 101, TITLE 3, DELAWARE CODE, RELATING TO THE DELAWARE THOROUGHBRED RACING COMMISSION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 10128(b), Chapter 101, Title 3 of the Delaware Code by deleting it in its entirety and inserting in lieu thereof the following: "The Commission may use the services of the Thoroughbred Racing Protection Bureau and county, state, or federal law-enforcement agencies. An individual making application to a licensee for a permit to participate in or be employed at a meet held by a licensee shall be fingerprinted by the Thoroughbred Racing Protection Bureau for purposes of a criminal record check on the applicant." Section 2. This amendment shall become effective 90 days after becoming law. Approved June 25, 1993. 43 44 CHAPTER 48 FORMERLY SENATE BILL NO. 97 AN ACT TO AMEND VOLUME 27, CHAPTER 216, LAWS OF DELAWARE, AS AMENDED, BEING THE CHARTER OF THE CITY OF NEW CASTLE, AND RELATING TO THE DAY ON WHICH THE CITY COUNCIL SHOULD MEET FOR THE TRANSACTION OF BUSINESS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Amend Volume 27, Laws of Delaware, Chapter 216, Section 15, as amended by Volume 29, Laws of Delaware, Chapter 142 by striking the phrase "first Tuesday of every month", as it appears in paragraph 1 thereof and inserting in lieu thereof the phrase "second Tuesday of every month." Approved June 25, 1993. CHAPTER 49 FORMERLY SENATE BILL NO. 102 AN ACT TO AMEND CHAPTER 59, TITLE 29, SECTION 5903 (17) RELATING TO THE TERN OF EMPLOYMENT OF TEMPORARY, CASUAL AND SEASONAL EMPLOYEES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 5903, Item number 17, Chapter 59, Title 29 by adding the following: "Temporary, casual and seasonal employees of the Delaware Department of State may be allowed to work more than 130 days upon the approval of the Secretary of State." Approved June 25, 1993. CHAPTER 50 FORMERLY SENATE BILL NO. 98 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO PUBLIC HEARINGS FOR PERMITS RELATING TO USE OF SUBAQUEOUS LANDS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: AMEND §7208 (a) (1) of Title 7 of the Delaware Code by deleting the phrase "permit," from said subsection. Approved June 25, 1993. CHAPTER 51 FORMERLY SENATE BILL NO. 170 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND AN ACT BEING CHAPTER 457, VOLUME 60, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF MILLSBORO" TO AUTHORIZE EXEMPTIONS FROM TAXATION UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Section 30, Chapter 457, Volume 60, Laws of Delaware, as amended, be and the same is hereby further amended by adding at the end thereof a new Subsection to be designated as Subsection (44) to read as follows: "44. Notwithstanding any other provision of this Charter, the Town Council is authorized to exempt from taxation any industry which contemplates locating within said Town and is required to extend water transmission lines or sewer collection or interceptor lines, or any or all of them, to a maximum amount of twenty percent (20%) of the amount actually expended for the extension of the said water or sewer lines, or both." Approved June 25, 1993. CHAPTER 52 FORMERLY SENATE BILL NO. 165 AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO GENERAL CORPORATION LAW. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein): Section 1. Amend Section 391, Subsection (h), Subchapter XVII, Title 8 of the Delaware Code by changing the number of paragraph "(1)" to "(2)", by changing the number of paragraph "(2)" to "(3)", and by adding a new paragraph "(1)" to read: "For all services described in subsections (a) and (c) of this section that are requested to be completed within 2 hours on the same day as the day of the request, an additional sum of up to $500; and" Approved June 25, 1993. 45 46 CHAPTER 53 FORMERLY SENATE BILL NO. 104 AN ACT TO AMEND CHAPTER 5, TITLE 8, OF THE DELAWARE CODE RELATING TO CORPORATION FRANCHISE TAX. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 502(a), Chapter 5, Title 8, of the Delaware Code (I) by deleting the words "the names and addresses of all the directors and officers of the corporation" as they appear in the fourth sentence thereof and by replacing them with the words "the names and addresses of all the directors and the names and addresses of not more than two officers of the corporation, including any officer who signs the report,"; and (it) by deleting the words "the date appointed for the next annual meeting of the stockholders for the election of directors:" as they appear later in the fourth sentence thereof. Approved June 30, 1993. CHAPTER 54 FORMERLY SENATE BILL NO. 105 AN ACT TO AMEND CHAPTER 5, TITLE 8, OF THE DELAWARE CODE RELATING TO CORPORATION FRANCHISE TAX. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 502(f), Chapter 5, Title 8, of the Delaware Code by deleting the word "blank" in the first line thereof. Section 2. Amend Section 504(a), Chapter 5, Title 8, of the Delaware Code by deleting the words "exceed $5,000," in the third and fourth lines thereof and by replacing them with the words "be $5,000 or more,". Approved June 30, 1993. 47 CHAPTER 55 FORMERLY SENATE BILL NO. 22 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 15 OF TITLE 13 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF MARITAL PROPERTY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §1513, Chapter 15, Title 13, Delaware Code by striking paragraph (9) of subsection (a) of §1513 in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows: "(9) Whether the property was acquired by gift except those gifts excluded by subsection (b)(1) of this section:" Section 2. Amend §1513, Chapter 15, Title 13, Delaware Code by striking paragraph (1) of subsection (b) of §1513 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: "(1) Property acquired by an individual spouse by bequest, devise or descent or by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or a notarized document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer." Section 3. Amend §1513, Chapter 15, Title 13, Delaware Code by adding at the end of subsection (c) of §1513 the following additional sentence: "Property transferred by gift from one spouse to the other during the marriage is marital property." Section 4. This act shall become effective with respect to petitions for divorce filed on or after May 1, 1993. Approved June 30, 1993. 48 CHAPTER 56 FORMERLY SENATE BILL NO. 93 AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2 AN ACT TO AMEND CHAPTER 5, TITLE 7, DELAWARE CODE, RELATING TO MANDATORY TRAPPER EDUCATION TRAINING BEFORE ISSUANCE OF A LICENSE. WHEREAS, inexperienced outdoorsmen are venturing into the field of trapping; and WHEREAS, the risk of confrontations with land owners, the general public, are a genuine concern; and WHEREAS, experienced trappers and Division of Fish and Wildlife, D.N.R.E.C. have concluded three Trapper Education courses; and WHEREAS, instructors in Trapper Education have received accreditation from the State of Delaware. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §501(b) of Subchapter I, Chapter 5, Title 7, Delaware Code, by adding at the end of subsection (b) the following: "Every resident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application for a trapping license." Section 2. Amend §506 of Subchapter I, Chapter 5, Title 7, Delaware Code by adding at the end of subsection (b) the following: "Every non-resident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application for a trapping license." Approved June 30, 1993. CHAPTER 57 FORMERLY SENATE BILL NO. 167 AN ACT TO AMEND CHAPTER 5, TITLE 31, DELAWARE CODE, RELATING TO THE STATE PUBLIC ASSISTANCE CODE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §521, Chapter 5, Title 31, Delaware Code, by striking the word "Economic" as it appears on line 2 thereof and substituting in lieu thereof the word "Social". Section 2. Amend §521, Chapter 5, Title 31, Delaware Code, by placing a period (.) after the word "county" in the third sentence thereof and striking the remaining language of said section. June 30, 1993. 49 CHAPTER 58 FORMERLY SENATE BILL NO. 158 AN ACT TO AMEND CHAPTER 23 OF TITLE 5, DELAWARE CODE, RELATING TO REGULATING THE SALE OF CHECKS, DRAFTS AND MONEY ORDERS. BE IT ENACTED BY THE GENERAL ASSEMBLY Of THE STATE OF DELAWARE: Section 1. Amend subparagraph (1) of subsection (a) of Section 2304 of Title 5, Delaware Code, by deleting existing subparagraph (1) in its entirety and substituting in lieu thereof a new subparagraph (1) to read as follows: "(1) Banks, trust companies, building and loan associations, and savings and loan associations, organized under the laws of any state in the United States of America or the United States of America, which either are authorized to do business in this State, or which act through a contractor or agent authorized to do business in this State;" Section 2. This Act shall be effective immediately upon its enactment. Approved June 30, 1993. 50 CHAPTER 59 FORMERLY SENATE BILL NO. 54 AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY IN GEORGETOWN HUNDRED, SUSSEX COUNTY, TO MR. & MRS. ALFRED CHAVEZ. WHEREAS, Alfred Chavez and Bettye Arnold Chavez, his wife, purchased in April, 1987, a poultry farm extending along both sides of County Road 431 bordering a large tract of land owned by the State of Delaware, on which is located the Sussex Correctional Institution and certain other state facilities; and WHEREAS, the State land in question, now known as the Sussex Correctional Institution "Prison Farm", had, prior to the State's acquisition of the 331 acre parcel in 1933, been public lands of the Sussex County Almshouse, overseen by the Sussex County Trustees of the Poor, since the early 19th century; and WHEREAS, Mr. and Mrs. Chavez discovered at the time that they had their property surveyed that a small tract of land totalling some seven-tenths of an acre more or less, which had long been assumed to be a part of the farm they were purchasing, and about which the previous owners of the farm stated that "they had farmed it forever", was in fact connected to the "prison farm" although separated from the rest of the state-owned property by the Almshouse Tax Ditch and by a hedgerow; and WHEREAS, Mr. and Mrs. Chavez, desiring to make this small tract of land a part of their farm, as most had always assumed it to be, approached the Delaware Department of Transportation (DelDOT), having been told by local officials that it was part of an old highway right-of-way; and WHEREAS, they were told by DelDOT officials that while a portion of the seven-tenths acre parcel was, in fact, old right-of-way for a bridge which had once spanned the ditch in an earlier highway configuration, the remainder of the parcel was owned by the Delaware Dept. of Corrections, and that if the Chavezes would approach Corrections Department officials about transferring their part of the property, DelDOT would transfer its part; and WHEREAS, after finally being put into contact with the proper officials at the Department of Corrections, Mr. and Mrs. Chavez walked the property with them in the fall of 1987 and were assured that the department was agreeable to selling the property to them since the department had no use for it, and the poorly-drained land did not lend itself readily to use by any other state agency; and WHEREAS, after waiting unsuccessfully until March of 1988 for the Department of Corrections to take action on the matter, Mr. and Mrs. Chavez contacted the office of State Senator Richard S. Cordrey for assistance in expediting the matter; and WHEREAS, In the five years since that time, the case has gone back and forth between the Departments of Corrections, Administrative Services and Transportation without final resolution, and has been presented on two occasions to the Delaware Surplus Property Commission, which has declared the property surplus and indicated its willingness to see the land sold to Mr. and Mrs. Chavez; and WHEREAS, one major problem in resolving this matter is the fact that, even where present state law authorizes the sale of surplus state lands, it is required that bids be accepted and the land be sold to the highest bidder, a procedure which clearly is not well-suited to this case since, after all their efforts, Mr. and Mrs. Chavez could see the land sold to someone else who submitted a slightly higher bid; and WHEREAS, Mr. and Mrs. Chavez have within the past year obtained three independent appraisals of the tract of land from three separate Sussex County realty firms, which appraised the property at $3,000, $2,000 and $2,150 respectively; and Chapter 59 51 WHEREAS, the sum of $2,383 represents the average of these three appraisals; 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 I. Notwithstanding any provisions to the contrary, including those contained in Chapter 94, Title 29, Delaware Code, the transfer and conveyance of all the State's interest in the following described real property to Mr. and Mrs. Alfred Chavez of Georgetown Hundred, Sussex County, Delaware, for the consideration of $2,383.00, is hereby specifically approved: All that certain triangular-shaped tract, piece or parcel of land, without improvements, bounded on the west by County Road 431, bounded on the northeast by Almshouse Ditch, and bounded on the south by the lands of Alfred Chavez and Bettye Arnold, husband and wife, totalling seven-tenths (.7) of an acre, more or less, and being a portion of the same lands which were transferred to the State of Delaware for the use of Sussex County by deed from Leroy B. Tyndall, Oscar P. Johnson, Arthur B. Campbell, Herman R. Baker and William N. Long, Trustees of the Poor of Sussex County, dated December 10, 1933 and of record in the office of the Recorder of Deeds at Georgetown in Deed Book 293, Page 420, and to which additional references are made in Deed Book 462, Page 518; Deed Book 1548, Page 69; and Deed Book 1631, Page 64. Section 2. The Department of Administrative Services is hereby authorized and directed to execute and deliver to Mr. and Mrs. Alfred Chavez a good and sufficient deed transferring and conveying the said real property. Approved June 30, 1993. 52 CHAPTER 60 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 72 AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO NAVIGATION AND WATERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Twothirds of all members elected to each House thereof concurring therein): Section 1. Amend §2201, Chapter 22, Title 23 of the Delaware Code by redesignating subsections (a) through (e) thereof as subsections (b) through (f), respectively, and by adding a new subsection (a) to read as follows: 'Department' means the Department of Natural Resources and Environmental Control." Section 2. Amend §2202, Chapter 22, Title 23 of the Delaware Code by adding the notation "(a)" at the beginning of the existing text thereof and by adding a new subsection (b) to §2202 to read as follows: A violation of subsection (a) of this section shall be an offense punishable by a fine of no more than $25 for each violation. The failure to provide a flotation device for more than one child in the same recreational boat at the same time, as required by this section, shall be treated as separate offenses." Section 3. Amend §2203, Chapter 22, Title 23 of the Delaware Code by deleting §2203 in its entirety. Section 4. Amend Chapter 22, Title 23 of the Delaware Code by adding thereto a new subchapter, designated as Subchapter III, which new subchapter shall read as follows: "SUBCHAPTER III. BOATING SAFETY EDUCATION. §2221. Doating Safety Education. From and after January 1, 1994, except as provided in §2222 of this subchapter, a person born on or after January 1, 1978 may not operate on the waters of this State a vessel required to be registered in this State or any other state, or documented by the United States Coast Guard, without first successfully completing a course of instruction prescribed by the Department and obtaining from the Department a Certificate of Boating Safety Education. Any Certificate of Boating Safety issued by any state, and approved by The National Association of State Boating Law Administrators, shall be deemed to be sufficient compliance with the requirements of this section. A person who is subject to the provisions of subsection (a) of this section shall: maintain in his or her possession, at all times while operating a vessel or recreational boat on the waters of this State, the Certificate of Boating Safety Education issued by the Department; and upon demand of any enforcement agent of the Division of Fish and Wildlife of the Department or any other law enforcement officer, show the Certificate of Boating Safety Education issued by the Department to such agent or officer. §2222. Exemptions. The following persons shall be exempted from the requirements of this section: any person who holds a valid Coast Guard captain's license; or any person who holds a valid Delaware River and Bay Pilot's License, or its equivalent from another jurisdiction. §2223. Powers and duties of the Deoartment. The Department shall coordinate and provide a statewide course of instruction in boating safety education for certification, and insure that courses are available at regular intervals within each county; Any course of instruction in boating safety education offered by the Department is not required to consist of more than six (6) classes, nor to exceed a cumulative total of twelve (12) hours. Tests may be administered verbally when appropriate. The Department shall replace, free or at cost, a lost or destroyed boating safety certification originally issued by the Department. §2224. Certificate validity. Once issued, the Certification of Boating Safety Education shall be valid for the lifetime of the person to whom it was issued and may not be revoked by the Department or a Court of Law. §2225. Penalties: Jurisdiction Except as otherwise provided in this chapter, a violation of this subchapter shall be an offense punishable by a fine of not less than $25 nor more than $500, or up to 10 days in jail for each such violation. Original jurisdiction for unclassified misdemeanors under this subchapter shall be in the Justice of the Peace Courts. Approved June 30, 1993. Chapter 60 53 54 CHAPTER 61 FORMERLY SENATE BILL NO. 146 AN ACT TO AMEND CHAPTER 1, TITLE 8 OF THE DELAWARE CODE, RELATING TO THE GENERAL CORPORATION LAW. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concu |
| Date Digital | 2010 |
| CONTENTdm file name | 3101.cpd |
Description
| Title | Laws of the State of Delaware - Volume 69 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY- SEVENTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 7, A. D. 1993 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A. D. 1994 VOLUME LXIX Part I |
| CONTENTdm file name | 81053.pdfpage |
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