AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2001; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section The several amounts named in this Act, or such part thereof as may be necessary and essential to the proper conduct of the business of the agencies named herein, during the fiscal year ending June 30, 2001, are hereby appropriated and authorized to be paid out of the Treasury of the State by the respective departments and divisions of State Government, and other specified spending agencies, subject to the limitations of this Act and to the provisions of Title 29, Part VI, Delaware Code, as amended or qualified by this Act, all other provisions of the Delaware Code notwithstanding. All parts or portions of the several sums appropriated by this Act which, on the last day of June 2001, shall not have been paid out of the State Treasury, shall revert to the General Fund; provided, however, that no funds shall revert which are encumbered pursuant to Title 29, Section 6521, Delaware Code.
The several amounts hereby appropriated are as follows:
Section Any previous Act inconsistent with the provisions of this Act is hereby repealed to the extent of such inconsistency.
Section If any provision of this Act, or of any rule, regulation or order thereunder, or the application of such provision to any person or circumstances, shall be invalid, the remainder of this Act and the application of such provisions of this Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
Section The monies appropriated in Section l of this Act shall be paid by the State Treasurer from the General Fund, except as otherwise referenced in Section l.
Section The provisions of this Act to the contrary notwithstanding, any section, chapter or title of the Delaware Code and any Laws of Delaware providing for the application of "Sunset" shall be operative for those agencies, commissions or boards effective during the current fiscal year.
Section Due to the pilot budget format, the restructuring of divisions into programs within divisions has created more exempt positions per division than allowed by law for the participating departments; therefore, all exempt positions authorized by Title 29, Section 5903, Delaware Code, prior to July 1, 1987, shall remain exempt for this current fiscal year, except as otherwise specified in this Act.
Section The abbreviations set forth in this Act for special fund authorized positions or funding mean funding from the following:
ASF - Appropriated Special Funds
NSF - Non-appropriated Special Funds
TFO - Trust Fund Operations
TFC - Trust Fund Capital
Section MERIT SYSTEM AND MERIT COMPARABLE SALARY SCHEDULES
(a) The General Assembly of the State of Delaware supports the statewide policy that the pay plan for Merit System employees be developed in accordance with the results of valid surveys of salaries provided by a defined labor market. The Director of State Personnel shall conduct such surveys on a yearly basis and report the findings of such surveys by December 15 to the Governor and members of the General Assembly who will be responsible for recommending and approving yearly adjustments as are necessary to maintain the competitive posture of the plan. As the Director of State Personnel has conducted the required surveys for the fiscal year ending June 30, 2001, and as the Governor and members of the General Assembly have reviewed the findings of such surveys, effective July 1, 2000, the following pay plans are established for state merit system employees:
Annual Salary
STATE OF DELAWARE PAY PLAN*
(Standard Work Schedule of 37.5 Hours Per Work Week)
PAY 80% of 100% of 120% of
GRADE Midpoint Midpoint Midpoint
1 15,450*** 18,245 21,894
2 15,618 19,523 23,428
3 16,714 20,893 25,072
4 17,880 22,350 26,820
5 19,135 23,919 28,703
6 20,474 25,592 30,710
7 21,903 27,379 32,855
8 23,438 29,298 35,158
9 25,081 31,351 37,621
10 26,837 33,546 40,255
11 28,713 35,891 43,069
12 30,724 38,405 46,086
13 32,875 41,094 49,313
14 35,173 43,966 52,759
15 37,638 47,047 56,456
16 40,274 50,343 60,412
17 43,093 53,866 64,639
18 46,106 57,633 69,160
19 49,335 61,669 74,003
20 52,792 65,990 79,188
21 56,486 70,607 84,728
22 60,439 75,549 90,659
23 64,671 80,839 97,007
24 69,201 86,501 103,801
25 74,042 92,553 111,064
26 79,225 99,031 118,837
* - Annual Salary in Whole Dollars
** - Minimum Salary shall be $15,450.
STATE OF DELAWARE PAY PLAN*
(Standard Work Schedule of 40 Hours Per Work Week)
PAY 80% of 100% of 120% of
GRADE Midpoint Midpoint Midpoint
1 15,569 19,461 23,353
2 16,659 20,824 24,989
3 17,825 22,281 26,737
4 19,072 23,840 28,608
5 20,410 25,513 30,616
6 21,837 27,296 32,755
7 23,366 29,207 35,048
8 25,002 31,253 37,504
9 26,752 33,440 40,128
10 28,624 35,780 42,936
11 30,626 38,282 45,938
12 32,772 40,965 49,158
13 35,066 43,832 52,598
14 37,522 46,902 56,282
15 40,147 50,184 60,221
16 42,960 53,700 64,440
17 45,965 57,456 68,947
18 49,181 61,476 73,771
19 52,625 65,781 78,937
20 56,310 70,388 84,466
21 60,254 75,317 90,380
22 64,471 80,589 96,707
23 68,981 86,226 103,471
24 73,812 92,265 110,718
25 78,978 98,723 118,468
26 84,506 105,633 126,760
* - Annual Salary in Whole Dollars
(i) Merit Rule 5.0200 notwithstanding, the standard work week for employees in the following classification series and designated positions assigned to the Department of Transportation’s Transportation Management Center as approved by the Personnel Director, Budget Director and Controller General shall be 40 hours:
DEPARTMENT CLASS SERIES
Department of Correction Community Work Program Coordinator
Correctional Officer
Correctional Security Superintendent
Director of Community Services
Pre-Release Services Administrator
Pre-Trial Presentence Manager
Probation & Parole Officer I
Probation & Parole Officer II
Probation & Parole Regional Manager
Probation & Parole Supervisor
Senior Probation and Parole Officer
Support Services Manager – DCC
Special Services Manager
Training and Staff Development Officer
Treatment Administrator - DCC
Warden
Department of Public Safety Telecommunication Specialist (ERC)
Telecommunication Central Control Specialist
Department of Transportation Toll Collectors
Toll Supervisors
Toll Corporals
Toll Sergeants
Department of Agriculture Meat Inspectors
Meat and Poultry Inspection Coordinators
State Fire School Emergency Services Training Administrator
(ii) During the fiscal year ending June 30, 2001, the State Personnel Director may designate, with the concurrence of the Budget Director and the Controller General, other appropriate classes or groups of employees to work and be paid according to a standard work week of 40 hours. Such designation shall be based upon the operational necessity of agencies to require employees to regularly and consistently work in excess of 37.5 hours per week and upon the availability of any required funding.
(b) LABOR MARKET SURVEY.
(i) The defined labor market survey in Section 8(a) for Fiscal Year 2001 shall be limited to those governments and institutions of higher education as follows:
DELAWARE Other Counties and Municipalities Other States
New Castle County Cecil County, Maryland Maryland
Kent County Caroline County, Maryland Pennsylvania
Sussex County Salisbury, Maryland New Jersey
Wilmington Chester County, Pennsylvania North Carolina
Newark Delaware County, Pennsylvania Massachusetts
Dover Salem County, New Jersey New York
University of Delaware Virginia
(ii) The findings of the survey in Section 8(a) for Fiscal Year 2001 shall be calculated in the same manner as Fiscal Year 2000, using a comparable weighting formula and other components.
(c) SELECTIVE MARKET VARIATIONS.
Recognizing the need for flexibility to respond to critical external market pressures, selective market variations are permitted to the uniform pay plan structure for job classes that are key to the performance of state functions.
(1) The appointing authority shall identify job classes or job families to be considered for selective market variations according to turnover rates, recruitment problems, vacancy rates, feasibility for the work to be performed on a contractual basis and other criteria established by the State Personnel Director.
(2) Upon receipt of the identified classes, the State Personnel Director shall survey the appropriate labor market to determine the state's position in this labor market.
(3) The Budget Director, the State Personnel Director and the Controller General shall review the information provided in Sections 8(c)(1) and (2) and shall recommend approval or disapproval for the classes for selective market compensation variations.
(4) Any such selective market variations which the State Personnel Director, the Budget Director and the Controller General have determined to be warranted and have been approved by the Joint Finance Committee, shall be designated to become effective July 1, 2000, provided that such variations have been processed as part of the regular budgetary process and the funds for such changes shall be appropriated.
(5) The State Personnel Director shall establish criteria with the State Budget Director and the Controller General to allow for selective market to be effective January 1, 2001. An appointing authority may apply for selective market variation for job classes or job families that are experiencing severe recruitment and retention issues for January 1, 2001. Funds must be available within the agency budget to fund the selective market variation until such time as the General Assembly appropriates such funds.
(6) Upon approval, the minimum, mid-point and maximum salary values shall be raised according to the results of the labor market surveys for the job class. For the purposes of this section, the minimum value of the salary scale shall remain at 75 percent of midpoint and the maximum value shall remain at 125 percent unless the minimum value under the selective market range for a class is less than the minimum value of the merit system pay range. The minimum for the class on selective market shall be no less than the merit system pay range minimum value. No further increases shall be applied to the scale and/or the midpoints.
(7) Employees assigned to job classifications approved under the selective market variation program shall have their salaries adjusted in accordance with the following:
(i) The salary of employees in positions added to the selective market variation program on or after July 1, 2000, prior to application of the general increase outlined in Section 8(d)(1), whose salary in effect as of June 30, 2000, is below the adjusted minimum salary for the assigned job classification shall be increased to the adjusted minimum salary or an advanced starting salary recommended by the State Personnel Director and the salary of employees whose current salary falls within the adjusted salary range shall not be increased.
(ii) The salary of employees in positions added to the selective market variation program before June 30, 2000, after the application of the general increase outlined in Section 8(d)(1), whose salary in effect as of June 30, 2000, is below the adjusted minimum salary for the assigned job classification shall be increased to the adjusted minimum salary or an advanced starting salary recommended by the State Personnel Director and the salary of employees whose current salary falls within the adjusted salary range shall not be increased.
(8) All classes assigned to selective market variation who have not met the criteria to qualify for an adjustment for two consecutive years, shall have their midpoints reduced by seven percent effective July 1, 2000. All classes whose selective market midpoint is not seven percent higher than the midpoint of the regular merit State of Delaware payscale once the general increase has been applied shall move back on to the State of Delaware Pay Plan. The process by which job classes are removed from selective market variation to the regular merit State of Delaware Pay Plan will not result in a reduction in salary for current incumbents who will move from selective market variation to the regular merit State of Delaware Pay Plan.
(9) Effective July 1, 2000, the shift differential rates paid to registered nurses in accordance with the provisions of Merit Rule 5.1425 shall be the same amount in effect as of June 30, 1999.
(d) SALARY INCREASES FOR FISCAL YEAR 2001.
The amount appropriated by Section l of this Act for salaries includes the estimated amount needed to provide for a general salary increase for each state employee, unless as otherwise excepted by subsections of this Section. This increase is to be provided as follows:
(1) Salary adjustments for departments 01 through 77 and Delaware Technical and Community College Plan B:
(i) Effective July 1, 2000, the salary of each employee shall be increased by 3.0 percent or by $1,500.00, whichever is greater.
(ii) Salaries of employees employed in accordance with Title 29, Section 5903(17), Delaware Code, shall be excluded from Subsection (d)(1)(i) of this Section and may receive a salary increase at the discretion of the agency.
(2) (i) The provisions of Subsection (d) of this Section shall not apply to the employees of the General Assembly - House or the General Assembly - Senate. Salaries for those employees will be established by the Speaker of the House of Representatives and the President Pro-Tempore of the Senate, respectively.
(ii) The provisions of Subsection (d) of this Section shall not apply to the Governor, members of the General Assembly, Deputy Attorneys General covered by the pay plan adopted for FY 2000, DNREC employees covered by the competency based pay plan, Uniformed State Police, all full-time and regular part-time non-merit Telecommunications Specialists, Senior Telecommunications Specialist, Telecommunication Shift Supervisors, Telecommunications Central Control Specialists, Senior Telecommunications Central Control Specialists and Telecommunications Central Control Shift Supervisors employed in the Communications Section of the Division of State Police in the Department of Public Safety, employees of the University of Delaware, Delaware State University and members and employees of the Delaware National Guard, excluding the Adjutant General. Funds have been appropriated in Section 1 of this Act for Delaware State University and for the University of Delaware to provide for an increase in salaries paid from General Funds.
(iii) Any Merit System employee who is denied the general salary increase referred to in Section 8(d)(1)(i)(ii) due to an unsatisfactory performance rating in accordance with Merit Rule 5.1000, shall become eligible for the salary increase upon meeting job requirements as defined by their supervisor, but the salary increase shall not be retroactive.
(iv) Notwithstanding Chapters 5.0 and 6.0 of the Merit rules, any Merit System employee who is covered by the Competency Based Pay Plan provided to the Controller General’s Office on June 8, 1998, shall receive a 3% salary increase effective July 1, 2000. This plan shall continue as it was established in 71 Laws of Delaware, Chapter 354, Section 247, in fiscal Year 2001. In addition, the salary levels established in the competency Base Pay Plan shall be increased by 3% effective July 1, 2000.
(v) Notwithstanding Chapters 5.0 and 6.0 of the Merit rules, any Deputy Attorney General covered under the salary plan approved for Fiscal Year 2000 and established in 72 Laws of Delaware, Chapter 94, shall receive a 3% salary increase effective July 1, 2000. This plan shall continue as established and in addition, the salary levels contained in the approved matrix shall be increased by 3% effective July 1, 2000.
(e) MAINTENANCE REVIEWS.
Any such reclassifications/regrades which the State Personnel Director determines to be warranted as a result of the classification maintenance reviews regularly scheduled by the State Personnel Office shall be designated to become effective July 1, 2001, provided that such reclassifications/regrades have been processed as part of the regular budgetary process and the funds for such reclassifications/regrades shall be appropriated. Maintenance Review classification determination may be appealed to the Merit Employee Relations Board in accordance with Title 29, Section 5915 Delaware Code. Paygrade determinations shall not be appealed.
(f) CRITICAL RECLASSIFICATIONS.
The classification of any position whose salary is covered by the appropriations in Section 1 of this Act, may be changed to be effective January 1, 2001, or July 1, 2001, if the requested change is certified critical by the appointing authority; and approved by the State Personnel Director, Budget Director and Controller General prior to the effective date. Critical reclassification requests and paygrade determinations shall not be appealed to the Merit Employee Relations Board.
(g) OTHER RECLASSIFICATIONS.
Other than those reclassifications/regrades approved in accordance with Section 8(e) or 8(f), no position shall be reclassified or regraded during the fiscal year ending June 30, 2001.
(h) STATE AGENCY TEACHERS AND ADMINISTRATORS.
The salaries of teachers and administrators employed by state agencies and who are paid based on the Basic Schedule contained in Title 14, Section 1305, of the Delaware Code, as amended by this Act, shall receive as salary an amount equal to the index value specified in the appropriate training and experience cell multiplied by the base salary amount defined in Section 1305(b), Title 14, Delaware Code, divided by .7 for ten months employment. If employed on an 11 or 12 month basis, the ten-month amount shall be multiplied by 1.1 or 1.2, respectively.
(i) ADMINISTRATIVE REGULATIONS.
(1) The administrative regulation and procedures necessary to implement this Section shall be promulgated by the State Personnel Director, Budget Director and Controller General.
(2) During the fiscal year ending June 30, 2001, paragraph 5.1100 of the Merit Rules for a Merit System of Personnel Administration shall be null and void.
(3) Consistent with Chapter 16 of the Merit Rules, all state agencies shall implement the performance review prescribed by Office of State Personnel after applicable training by the Office of State Personnel. A performance review shall be completed for employees between January 1 and December 31, 2001.
(4) Employees who retain salary upon voluntary demotion in accordance with Merit Rule 13.0340 shall be ineligible for a promotional increase upon promotion to a paygrade lower than or equal to their original paygrade prior to voluntary demotion for a one year period from the date of their voluntary demotion.
(j) HOLIDAY PAY - DEPARTMENT OF TRANSPORTATION TOLL COLLECTION AND TRANSPORTATION MANAGEMENT CENTER EMPLOYEES.
(1) Merit Rules 5.1410 and 5.1411 notwithstanding, all Department of Transportation employees directly engaged in toll collection operations, or directly engaged in the Transportation Management Center’s 24-hour operation, shall be entitled to receive compensation at their normal rate of pay for holidays in lieu of compensatory time, and they shall also be entitled to receive compensation in accordance with the Fair Labor Standards Act.
(k) OVERTIME FOR WEATHER RELATED EMERGENCIES - DEPARTMENT OF TRANSPORTATION EMPLOYEES.
(1) Department of Transportation personnel responding to weather related emergencies, who are not subject to the Fair Labor Standards Act, shall be entitled to receive compensation at one and one half times their normal rate of pay for all overtime services performed beyond the normal work week. This shall apply to employees classified through the Area Supervisor level. All additional personnel assigned to assist the area yards during weather related emergencies, who are above the level of Area Supervisor, shall be entitled to receive compensation at their straight time rate of pay for all overtime services performed beyond the normal work week.
(l) CALL BACK PAY - HIGHWAY EMERGENCY RESPONSE TEAM.
(1) The Merit Rules notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for call back pay regardless of their classification.
(m) STANDBY PAY - HIGHWAY EMERGENCY RESPONSE TEAM.
(1) The Merit Rules notwithstanding, employees designated as Highway Emergency Response Team members shall be eligible for standby pay regardless of their classification.
(n) SALARY PLAN - PUBLIC EDUCATION.
Salary schedules and staffing formulas contained in Title 14, Chapter 13, Delaware Code, shall be revised as specified in this Subsection.
(1) Amend Title 14, Subsection 1305(b), Delaware Code, by striking the words, “2000 shall be $21,669.00.” as it appears therein and by substituting in lieu thereof the value, “2001, shall be $22,560.00.”
(2) Amend Title 14, Subsection 1308(a), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:
“Years of Senior Financial Administrative
Experience Clerk Secretary Secretary Secretary Secretary
0 11,373 12,794 13,618 14,099 14,898
1 11,892 13,331 14,159 14,643 15,449
2 12,410 13,871 14,702 15,189 16,002
3 12,930 14,412 15,243 15,732 16,553
4 13,448 14,951 15,784 16,277 17,106
5 13,968 15,491 16,327 16,822 17,657
6 14,485 16,030 16,869 17,367 18,210
7 15,004 16,568 17,411 17,911 18,761
8 15,523 17,109 17,953 18,455 19,314
9 16,041 17,648 18,494 19,000 19,865
10 16,560 18,187 19,035 19,546 20,417
11 17,079 18,726 19,576 20,090 20,969
12 17,597 19,265 20,120 20,634 21,522
13 18,116 19,805 20,662 21,179 22,073
14 18,635 20,345 21,202 21,725 22,624
15 19,154 20,884 21,744 22,268 23,178
16 19,672 21,423 22,286 22,812 23,729
17 20,192 21,963 22,829 23,357 24,280
18 20,709 22,502 23,371 23,901 24,832
19 21,228 23,042 23,912 24,448 25,385
20 21,745 23,581 24,453 24,992 25,936
21 22,276 24,132 25,007 25,548 26,500
22 22,821 24,696 25,574 26,117 27,077
(3) Amend Title 14, Subsection 1311(a), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:
Chief Chief
Custodian Custodian
Supervising Supervising
“Years of Custodian 5 or Fewer 6 or More Maintenance Skilled
Exp. Custodian Fireman Custodians Custodians Mechanic Craftsman
0 14,271 14,814 15,089 16,179 16,685 17,130
1 14,679 15,224 15,499 16,590 17,159 17,679
2 15,089 15,632 15,909 16,997 17,636 18,224
3 15,498 16,042 16,317 17,405 18,110 18,769
4 15,909 16,450 16,728 17,817 18,524 19,315
5 16,317 16,857 17,132 18,226 19,060 19,860
6 16,728 17,271 17,543 18,633 19,535 20,405
7 17,132 17,681 17,951 19,041 20,011 20,951
8 17,543 18,088 18,361 19,451 20,486 21,496
9 17,951 18,497 18,769 19,860 20,959 22,044
10 18,361 18,907 19,178 20,270 21,436 22,587
11 18,769 19,318 19,589 20,676 21,911 23,134
12 19,186 19,739 20,010 21,091 22,396 23,694
13 19,613 20,170 20,441 21,515 22,892 24,268
(4) Amend Title 14, Subsection 1322(a), Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:
"(a) School food service managers who have the qualifications required by the department with the approval of the State Board of Education and who work on a program of at least seven (7) hours per day of the 10-month school year (185 days) shall receive annual salaries in accordance with the following schedule:
SCHOOL FOOD SERVICE MANAGERS
Number of Pupils in School Served by Cafeteria
Yrs of
Exp. Below 351 351-500 501-800 801-1200 1201-1600 1601-2000 2000+
0 12,963 13,847 14,729 15,611 16,497 17,677 18,263
1 13,404 14,285 15,172 16,054 16,936 17,821 18,705
2 13,847 14,729 15,611 16,497 17,377 18,263 19,146
3 14,285 15,172 16,054 16,936 17,821 18,705 19,588
4 14,729 15,611 16,497 17,377 18,263 19,146 20,030
5 15,172 16,054 16,936 17,821 18,705 19,588 20,473
6 15,611 16,497 17,377 18,263 19,146 20,030 20,913
7 16,054 16,936 17,821 18,705 19,588 20,473 21,355
8 16,497 17,377 18,263 19,146 20,030 20,913 21,799
9 16,936 17,821 18,705 19,588 20,473 21,355 22,241
10 17,377 18,263 19,146 20,030 20,913 21,799 22,680
11 17,821 18,705 19,588 20,473 21,355 22,241 23,122
12 18,263 19,146 20,030 20,913 21,799 22,680 23,566
13 18,705 19,588 20,473 21,355 22,241 23,122 24,007
14 19,146 20,030 20,913 21,799 22,680 23,566 24,452
15 19,588 20,473 21,355 22,241 23,122 24,007 24,895
16 20,042 20,927 21,807 22,691 23,574 24,456 25,347
17 20,507 21,392 22,269 23,151 24,035 24,914 25,808
Salaries provided for in this schedule shall be paid to the school food service manager of a single cafeteria. A food service manager responsible for the preparation of food for more than one (1) cafeteria shall receive $400 for each additional cafeteria. A manager of satellite cafeteria(s) shall receive the salary provided for in this schedules less $200. A satellite cafeteria is defined as one where no basic food preparation takes place. A manager who manages more than one (1) cafeteria shall receive the salary provided in this scale using the total school enrollments of all cafeterias managed. The salaries listed in this schedule for school food service managers shall be increased for additional training as defined by the State Board of Education as follows:
One Year of College $ 452
Two Years of College $ 682
Bachelor’s Degree $1,360
(5) Amend Title 14, Subsection 1322(c), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:
"SCHOOL LUNCH COOKS AND GENERAL WORKERS"
Years of
Experience General Worker Cook/Baker
0 7.67 8.44
1 7.80 8.55
2 7.94 8.67
3 8.02 8.77
4 8.14 8.90
5 8.30 9.06
6 8.43 9.16
7 8.52 9.24
8 8.59 9.32
9 8.69 9.44
10 8.80 9.58
11 8.97 9.70
12 9.09 9.83
13 9.21 9.94
14 9.32 10.04
15 9.44 10.19
16 9.59 10.33
17 9.72 10.42
18 9.86 10.51
19 10.00 10.61
(6) Amend Title 14, Subsection 1324(b), Delaware Code, by striking the salary schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:
"(b) Aides actually working and paid ten months per year shall receive annual salaries in accordance with the following schedule:
Years of Experience Service Aides Instructional Aides
0 10,629 12,775
1 10,949 13,168
2 11,270 13,560
3 11,594 13,954
4 11,915 14,345
5 12,234 14,740
6 12,555 15,132
7 12,876 15,525
8 13,197 15,916
9 13,520 16,309
10 13,840 16,700
11 14,159 17,095
12 14,482 17,486
13 14,802 17,879
14 15,122 18,270
15 15,444 18,666
16 15,766 19,057
17 16,086 19,450
18 16,407 19,841
19 16,729 20,234
20 17,049 20,627
21 17,377 21,027
22 17,712 21,435
(7) Amend Title 14, Subsection 1326(a), Delaware Code, by striking schedule contained in said subsection in its entirety and by substituting in lieu thereof the following:
“Class A - $104.00 per day
Class B - $ 83.00 per day
Class C - $ 66.00 per day
(8) Each school district shall continue to use salary schedules not less than those in Title 14, Section 1322, Delaware Code, for all school lunch employees.
(9) Effective July 1, 2000, the State shall pay 65 percent of the annual salary rate for school lunch employees as set forth in the salary schedules in Title 14, Section 1322(a) and (b), Delaware Code, and 50 percent of salary rate for school lunch employees as set forth in the salary schedule in Title 14, Section 1322(c), Delaware Code. The remaining percentage of the hourly salary rate for school lunch employees shall be paid from local funds. The State shall pay other employment costs for school lunch employees at the ratio of state supported salaries to total salaries, provided for by this Section, for school lunch employees.
(10) No provision in this Act shall be construed as affecting the eligibility of school lunch employees as an employee under Title 29, Section 5501, Delaware Code.
(11) Section 1 of this Act provides an amount for salaries and other employment costs for Formula Employees in Public Education. Additional amounts are included in some Block Grants and Pass Through Programs (95-03-00). Local school districts must charge payroll for local share salary supplements and other employment costs and fringe benefits on a semi-monthly basis simultaneously with state-share charges. The amount of salary and other employment costs that can be charged to state appropriations for any one-day period or for any one individual cannot exceed the amount the individual is entitled to receive based on the state salary schedules provided by this Act and Title 14, Chapter 13, Delaware Code, divided by the number of pays the individual has chosen to schedule per year. The provisions of this Section do not apply to Division III - Equalization (Appropriation 0186) which may be charged for local contractual obligations before local current operating funds are used.
(o) SALARY PLAN - DELAWARE TECHNICAL AND COMMUNITY COLLEGE.
(1) For each fiscal year, the minimum increase for a Plan A or Plan D employee shall be one-half of the general increase of the current fiscal year for all eligible merit and merit comparable state employees.
Section (a) Except as specifically authorized to the contrary by the Delaware Code, no state employee whose title is designated in this Act shall receive total compensation whether in wages, salary, wages-in-kind or food allotment bonus or overtime from agencies of this State in excess of the total amount specified in such line item regardless of the source of funds involved. No full-time, part-time or casual/seasonal employee of the State of Delaware shall receive any additional stipend for the purchase of food or be supplied with food or be reimbursed for food that was consumed during normal working hours within the State; except as provided in Title 29, Chapter 51, Section 5112 (b), Delaware Code; or unless approval has been granted by the Budget Director and the Controller General; provided, however that this Section shall not apply to State Police recruits during the period of their training. In the event that an employee shall receive excessive compensation, the amount of the appropriation from the General Fund shall be reduced by the amount of such excessive compensation and the Attorney General shall take such steps as are necessary to recover from such employee any such excessive amount as has actually been paid. In the event the "All Other" part of the salary is made up entirely of federal funds, and such federal funds are terminated or reduced, the state appropriation is hereby increased to provide the "Total Salary" indicated. An agency may provide housing for such employee without reduction in the salary provided such housing is on the site of the principal location of employment and further provided that the head of the department or agency has determined that such location of the employee is necessary to the operation of the agency and that the employee has no other employment. No agency shall provide an employee with a housing allowance or compensation for housing.
(b) A state employee whose salary is designated in this Act may perform additional duties for a state agency other than his/her principal employing agency, with the consent of his/her principal employing agency, and may be paid additional compensation therefore, provided such additional duties are not a part of his/her regular duties for the principal employing agency and not rendered during time paid for by the principal employing agency. All wage payments resulting from the performance of such additional duties, including FLSA overtime, shall be the responsibility of the secondary employing agency unless otherwise authorized by the Budget Director and the State Personnel Director.
Section (a) For the fiscal year ending June 30, 2001, the salaries displayed below represent the salary effective on July 1, 2000.
General All Other
Budget Unit Line Item Funds Funds
(01-01-01) Representative 32.2
(01-02-01) Senator 32.2
(02-01-00) Chief Justice - Supreme Court 137.0
(02-01-00) Justice - Supreme Court 132.1
(02-02-00) Chancellor - Court of Chancery 130.5
(02-02-00) Vice Chancellor - Court of Chancery 125.9
(02-03-00) President Judge - Superior Court 130.5
(02-03-00) Associate Judge - Superior Court 125.9
(02-03-00) Commissioner - Superior Court 75.1
(02-03-00) New Castle County Prothonotary 55.0
(02-03-00) Kent County Prothonotary 48.7
(02-03-00) Sussex County Prothonotary 48.7
(02-06-00) Chief Judge - Court of Common Pleas 129.1
(02-06-00) Judge - Court of Common Pleas 122.6
General All Other
Budget Unit Line Item Funds Funds
(02-06-00) Commissioner - Court of Common Pleas 75.1
(02-08-00) Chief Judge - Family Court 129.1
(02-08-00) Associate Judge - Family Court 122.6
(02-08-00) Commissioner - Family Court 75.1
(02-13-00) Chief Magistrate - Justice of the Peace Courts 90.3
(02-13-00) Magistrate - Justice of the Peace Courts - 1st Term 51.8
(02-13-00) Magistrate - Justice of the Peace Courts - 2nd Term 53.5
(02-13-00) Magistrate - Justice of the Peace Courts - 3rd Term 55.2
(02-17-00) St. Court Administrator – Off. of the St. Court Administrator 103.7
(02-18-00) Public Guardian 57.6
(02-18-00) Executive Director - Violent Crimes Compensation
Board 55.3
(02-18-00) Executive Director - Foster Care Review Board 52.1
(10-01-01) Governor 114.0
(10-02-00) Budget Director 105.3
(10-02-07) Director - SAC 76.1
(10-03-01) Director - Delaware Economic Development Office 98.4
(10-04-00) Personnel Director 98.4
(10-07-01) Executive Director - CJC 77.1
(10-07-01) Director – Domestic Violence Coordinating Council 56.7
(10-07-02) Executive Director - DELJIS 68.3
(10-08-01) Director - Delaware State Housing Authority 90.7
(10-09-00) Executive Director - Information Services 105.3
General All Other
Budget Unit Line Item Funds Funds
(12-01-01) Lieutenant Governor 60.0
(12-02-01) Auditor 83.4
(12-03-02) Insurance Commissioner 83.5
(12-05-01) State Treasurer 87.3
(15-01-01) Attorney General 108.4
(15-01-01) Chief Deputy Attorney General 105.7
(15-02-01) Public Defender 108.4
(15-02-01) Chief Deputy Public Defender 105.7
(15-03-01) Parole Board Chairman 68.6
(20-01-00) Secretary - State 98.4
(20-02-00) Director - Human Relations 60.7
(20-03-00) Director – Division of Archives 62.0
(20-05-00) Director - Corporations 80.8
(20-06-00) Director - Historical and Cultural Affairs 76.3
(20-07-00) Director - Arts 62.0
(20-08-00) State Librarian 72.3
(20-15-00) State Banking Commissioner 92.0
General All Other
Budget Unit Line Item Funds Funds
(25-01-00) Secretary – Finance 105.3
(25-05-00) Director - Accounting 88.3
(25-06-00) Director – Revenue 102.7
(25-07-00) Director - State Lottery 82.6
(30-01-00) Secretary - Administrative Services 91.8
(30-01-00) Director - Administration 75.1
(30-01-00) Executive Director - Public Employment Relations
Board 65.2
(30-03-00) Public Advocate 66.1
(30-03-00) Director - Public Service Commission 74.9
(30-03-00) Director - Professional Regulation 68.0
(30-04-00) Director - Support Operations 66.0
(30-05-00) Director - Facilities Management 80.2
(30-05-00) Executive Secretary - Architectural Accessibility Bd. 39.0
(30-06-00) Director - Purchasing 69.2
(35-01-00) Secretary - Health and Social Services 105.3
(35-01-00) Director - Management Services 85.0 9.4
(35-04-00) Chief Medical Examiner 130.1
(35-05-00) Director - Public Health 136.1
(35-06-00) Director - Alcoholism, Drug Abuse & Mental Health 117.1
General All Other
Budget Unit Line Item Funds Funds
(35-07-00) Director - Social Services 47.2 47.3
(35-08-00) Director - Visually Impaired 66.7
(35-09-00) Director - Long-Term Care Residence Protection 75.8
(35-10-00) Director - Child Support Enforcement 25.0 50.8
(35-11-00) Director - Mental Retardation 94.5
(35-12-00) Director - State Service Centers 75.8
(35-12-00) Director - Community Services 62.0
(35-14-00) Director - Services for Aging and Adults
with Physical Disabilities 75.8
(37-01-00) Secretary - Services for Children,
Youth and Their Families 105.3
(37-01-00) Director - Management Services 82.4
(37-03-00) Director - Child Mental Health Services 105.8
(37-05-00) Director - Youth Rehabilitative Services 88.9
(37-06-00) Director - Family Services 96.8
(38-01-00) Commissioner - Correction 98.4
(38-01-00) Bureau Chief - Management Services 78.2
(38-04-00) Bureau Chief - Prisons 94.5
(38-06-00) Bureau Chief - Community Corrections 90.0
General All Other
Budget Unit Line Item Funds Funds
(40-01-00) Secretary - Natural Resources and
Environmental Control 98.4
(40-01-00) Deputy Secretary - Natural Resources
and Environmental Control 75.4
(40-05-00) Director - Fish and Wildlife 40.5 40.5
(40-06-00) Director - Parks and Recreation 81.7
(40-07-00) Director - Soil and Water Conservation 81.0
(40-08-00) Director - Water Resources 83.4
(40-09-00) Director - Air and Waste Management 87.6
(45-01-00) Secretary - Public Safety 98.4
(45-01-00) Director - Boiler Safety 52.4
(45-01-00) Director - Del. Emergency Management Agency 31.9 31.9
(45-04-00) Director - Alcoholic Beverage
Control 67.3
(45-06-00) Superintendent - State Police 109.9
(45-06-00) Assistant Superintendent - State Police 100.8
(45-07-00) Director - Motor Vehicles 80.5
(55-01-01) Secretary - Transportation 98.4
(55-01-01) Chief Engineer 96.1
(55-02-01) Director - Administration 81.5
(55-03-01) Director - Transportation Planning 96.1
General All Other
Budget Unit Line Item Funds Funds
(55-04-01) Director - Highway Operations 96.1
(55-06-01) Director - Delaware Transit Corporation 96.1
(55-07-10) Director – Pre-Construction 96.1
(60-01-00) Secretary - Labor 9.2 82.6
(60-06-00) Director - Unemployment Insurance 78.6
(60-07-00) Director - Industrial Affairs 78.6
(60-08-00) Director - Vocational Rehabilitation 78.6
(60-09-00) Director - Employment and Training 7.8 70.8
(65-01-00) Secretary - Agriculture 92.0
(65-01-00) Deputy Secretary - Agriculture 70.5
(70-01-01) Commissioner - Elections 63.2
(70-02-01) Administrative Director - New Castle County Elections 59.9
(70-02-01) Deputy Administrative Director - New Castle
County Elections 58.7
(70-03-01) Administrative Director - Kent County Elections 59.9
(70-03-01) Deputy Administrative Director - Kent County Elections 58.7
(70-04-01) Administrative Director - Sussex County Elections 59.9
(70-04-01) Deputy Administrative Director - Sussex County Elections 58.7
General All Other
Budget Unit Line Item Funds Funds
(75-01-01) State Fire Marshal 44.6 22.2
(75-02-01) Director - State Fire School 66.8
(76-01-01) Adjutant General 82.2
(95-01-00) Secretary of Education 124.1
(95-01-00) Deputy Secretary of Education 105.3
(95-06-00) Executive Secretary - Advisory Council on Career
and Vocational Education 83.2
(95-08-01) Executive Director - Higher Education Commission 67.8
(b) (i) Salaries of designated positions in Section 10(a) of this Act shall have no further increase applied by any other section of this Act, except as provided in Section 10(b)(ii), (iii), (iv), (vii) and (viii).
(ii) If a position in Section 10(a) becomes vacant during the fiscal year, the appointing authority shall submit a request with appropriate justification to the State Personnel Director to establish the salary commensurate with the qualifications of the proposed incumbent and within the position’s evaluated pay range. In reviewing requests made pursuant to this paragraph, the State Personnel Director shall provide an analysis of the request and shall solicit the advice and written consent of the Budget Director and the Controller General.
(iii) Regardless of the provisions of this Act, any state employee who is offered a promotional opportunity to become a division level manager shall be eligible for a five percent promotional salary increase. This eligibility shall be conditioned on a determination that the duties and responsibilities of the division level manager position are at least one paygrade higher than the position proposed to be vacated based on a comparison of equivalent value. For the purpose of this subsection, the equivalent value of one paygrade is defined as seven percent difference in the constant fiscal year dollar value of the evaluated pay range midpoint of the division level manager position compared to the position that the employee is vacating. The appointing authority may request a promotional increase in excess of five percent based upon the qualifications of the selected candidate. The request and appropriate justification shall be submitted to the State Personnel Director. In reviewing requests made pursuant to this paragraph, the State Personnel Director shall provide an analysis of the request and shall solicit the advice and written consent of the Budget Director and the Controller General.
If an employee is offered an appointment to a division level manager position that has an equivalent value equal to or less than the pay grade assigned to the position the employee is vacating, the employee may retain his/her current salary provided it does not exceed the midpoint of the evaluated pay range for the division level manager position. The appointing authority may request the retention of salary in excess of the midpoint of the evaluated pay range for the division level manager position by submitting appropriate justification to the State Personnel Director. In reviewing requests made pursuant to this paragraph, the State Personnel Director shall provide an analysis of the request and shall solicit the advice and written consent of the Budget Director and the Controller General.
(iv) Positions designated in Section 10(a) of this Act may be paid a salary which is less than the designated salary if the position is filled in an "acting" basis.
(v) An agency may request a dual incumbency for a division director or equivalent position in Section 10(a) for a maximum period of six months for cases involving extended disability or terminal leave, provided that the State Budget Director and the Controller General determine that the position is essential to fill during the interim period it would otherwise be vacant. The agency shall submit a request to the Office of State Personnel. The State Personnel Director shall review this request and seek the advice and written consent of the Budget Director and the Controller General.
(vi) If the incumbent in the position of Secretary - Health and Social Services holds a State Medical license, the salary listed in Section 10(a) of this Act for that position shall be increased by $12.0. Additionally, if the incumbent in the position of Secretary - Health and Social Services is a Board Certified physician, a $3.0 supplement shall be added to the annual salary listed in Section 10(a) of this Act.
(vii) If the highest paid Major receives an additional salary increase during the fiscal year, the salary of the Superintendent and the Assistant Superintendent of the State Police shall be increased in accordance with Title 11, Section 8303, Delaware Code.
(c) Effective May 1, 2001, the Office of State Personnel shall submit to the Joint Finance Committee a listing of employees designated in Section 10(a). The listing shall indicate for each position the number of points applicable for Fiscal Year 2000 and the number of points of any recommended changes for any position for Fiscal Year 2002.
(d) For this fiscal year, the following represent the maximum salaries appropriated within Section 1 of this Act. These maximum salaries may be increased upon approval of the Budget Director and the Controller General to accommodate changes in statutory requirements.
July 1, 2000
General All Other
Budget Unit Line Item Funds Funds
(10-04-00) Board Members - Pensions 9.6
(15-01-01) Board Members - Consumer Protection 3.5
(15-03-01) Board Members - Parole 19.5
(20-02-00) Board Members - Human Relations 2.5
(25-01-00) Board Members - Revenue 33.0
(30-01-00) Board Members - Public Employment Relations Board 7.4
(30-01-00) Board Members - Merit Employee Relations Board 20.0
(30-03-00) Board Members - Professional Regulation 71.5
(30-03-00) Board Members - Public Service Commission 130.0
(30-05-00) Board Members - Architectural Accessibility Board 2.3
(38-04-00) Board Members - Institutional Classification 12.0
(45-04-00) Board Members - Alcoholic Beverage Control Commission 8.6
(60-07-00) Board Members - Industrial Accident Board 153.0
(65-01-05) Harness Racing Commission 13.6
(65-01-10) Thoroughbred Racing Commission 11.2
(65-01-12) Nutrient Management Commission 22.4
(70-02-01) Board Members - New Castle County Elections 21.5
(70-03-01) Board Members - Kent County Elections 13.0
(70-04-01) Board Members - Sussex County Elections 13.0
(95-01-01) Board Members - State Board of Education 16.8
(95-08-01) Higher Education Commissioners 2.4
(e) Upon the enactment of legislation to standardize property assessments across all three counties and the creation of a State Assessment Practices Board, consisting of seven members, to provide guidance and oversight of the property tax system, there shall be established a salary of $.5 per Board member.
(f) Amend Title 29, Section 710, Delaware Code by deleting subsection (c) in its entirety and substituting in lieu thereof the following:
"(c) Any member of the Senate or the House of Representatives who is elected or appointed to any of the following positions shall, while serving in such position, receive additional yearly compensation as follows:
1. President Pro Tempore of the Senate $12,298.00
2. Speaker of the House of Representatives 12,298.00
3. Majority and Minority Leader of the Senate 9,578.00
4. Majority and Minority Leader of the House 9,578.00
5. Chairperson and Vice Chairperson of the Joint Finance Committee 8,868.00
6. Majority and Minority Whip of the Senate 6,032.00
7. Majority and Minority Whip of the House 6,032.00
8. Members of the Joint Finance Committee 7,451.00
9. Chairperson & Vice Chairperson of the Capital Improvement
Program Committee 3,543.00
10. Members of the Capital Improvement Program Committee 2,981.00
11. Members of the Joint Sunset Committee 2,981.00
A member of the General Assembly shall be entitled to receive the higher of any one of the above stipends and receive one-half of the amount of a second stipend of an equal or lesser amount. Eligible recipients of a second stipend may choose not to accept such additional stipend. The stipend(s) included herein shall commence immediately when such member is elected or appointed to such position(s). Payments to such members shall be as described in Title 29, Chapter 27, Section 2712 of the Delaware Code.
Section A Committee consisting of representatives from the Office of State Personnel, the Office of the Budget and the Controller General’s Office shall be formed to make recommendations regarding options for State pay plans, including competency based pay, for State employees. These recommendations shall be submitted to the Chairs of the Joint Finance Committee and the Governor on or before December 15, 2000.
Section Effective January 16, 2001, the annual salary for the Governor shall be increased to $114.0, pursuant to the Delaware Compensation Commission Final Report, dated January 14, 1997. The report has the force and effect of law since it was not rejected in full by the General Assembly prior to February 1, 1997.
Section The salaries contained in Section 10(a) of this Act may be increased according to the recommendations of the Delaware Compensation Commission Report as contained in Title 29, Chapter 33, Delaware Code, as amended in this Act.
Section Effective January 16, 2001, the annual salary of the Lieutenant Governor shall be increased to $60.0.
Section The Office of State Personnel shall evaluate the Hay Points assigned to the Department of Elections positions in Section 10(a) of this Act. Should that evaluation result in a promotion, new salaries may be effective October 1, 2000, contingent upon approval of the Director of State Personnel, Budget Director and Controller General.
Section Salaries and wage rates for state employees who are not covered by the provisions of Title 14, Chapter 13, Delaware Code, or by the Merit System, excluding employees of the General Assembly - House or the General Assembly - Senate, Uniformed State Police, all full-time and regular part-time non-Merit Telecommunications Specialists, Senior Telecommunications Specialists, Telecommunication Shift Supervisors, Telecommunications Central Control Specialists, Senior Telecommunications Central Control Specialists and Telecommunications Central Control Shift Supervisors employed in the Communications Section of the Division of Public Safety, Delaware State Police, employees of the University of Delaware, employees of Delaware State University, employees of Delaware Technical and Community College who are paid on the Administrative Salary Plan or Faculty Plan, Plans D and A respectively, Executive Director of Educational Technology Center, members and employees of the Delaware National Guard and employees whose salaries are governed by Section 10 of this Act, shall have the following:
(a) The salary of employees shall be comparable to salaries and wage rates paid from funds appropriated by the State to employees with similar training and experience who serve in similar positions in the Merit System. In the event that there are no similar positions in the Merit System, the State Personnel Director shall establish an exempt position classification only for the purpose of assigning a salary or wage rate to said position. On or before August 15, 2000, the State Personnel Director shall publish a list of exempt positions and the comparable Merit System class and/or paygrade for each position. In addition, such listing shall show the name of the incumbent, if the position is filled, and shall show the statutory citation which authorizes the establishment of the exempt position(s). The State Personnel Director shall provide copies of such listing to members of the Joint Finance Committee and the Controller General. No exempt employee shall be hired until an approved comparability has been assigned to the position. No reclassification/regrading, change in paygrade comparability of a filled or vacant exempt position, or change of a Merit System position to an exempt position otherwise permitted under Delaware Law shall become effective unless approved by the State Budget Director, State Personnel Director and the Controller General. In order to permit the development of the comparability list, state agencies shall provide to the State Personnel Director job descriptions of all exempt positions and position classification questionnaires describing the duties and responsibilities of each of the positions. The certification of comparability by the State Personnel Director shall not be withheld unreasonably. Those positions assigned on a list of comparability that are assigned a comparable class and/or paygrade in the Merit System shall be paid in accordance with Sections 8(c) and (d) of this Act and Merit System Rules 13.0110 and 5.0900 through 5.0931; no other salary increases shall be given to such employees unless specifically authorized in this Act.
(b) The salary of employees whose salary in effect as of June 30, 2000, is below the minimum salary of the assigned paygrade of the pay plan shall be raised to the minimum salary. This adjustment shall be made in accordance with the general increase contained in Section 8(d)(1)(i).
(c) Notwithstanding any other provision of the Delaware Law or this Act to the contrary, civilian employees of the Delaware National Guard shall be compensated at a salary and wage rate established by the Federal Civil Service Commission.
(d) Merit Rules 5.0900 through 5.0931 and the applicable appeal rights provided in Title 29, Section 5915, Delaware Code, shall apply retroactively to any employee who was an incumbent in a merit comparable position that was reviewed for class/paygrade comparability with an effective date of July 1, 1990 or July 1, 1991.
Section Any employee eligible for termination pay, whose regular pay was from special funds, shall have termination pay paid from special funds. If the employee's regular pay is from both General Funds and special funds, termination pay shall be on a pro rata basis. The intent of this Section is that if any school district charges their local share to Division III - Equalization Funds, that for termination pay purposes only, these funds are considered special funds. Exceptions to this method of payment must have the approval of the Budget Director and the Controller General. All agencies shall absorb termination pay within the appropriations set forth in Section 1 of this Act.
Section All agencies or schools receiving federal funds subject to the federal Single Audit Act shall:
(a) Include in program budgets an amount sufficient to cover actual program audit costs incurred by the Office of Auditor of Accounts. Such amount shall be based on estimated audit costs determined and provided by the Office of Auditor of Accounts.
(b) Process audit cost payment documents (Intergovernmental Vouchers) within 30 days of receipt of same from the Office of Auditor of Accounts.
Section All state agencies and departments that own land shall inform the Budget Director, the Controller General, the Secretary of Administrative Services, and the General Assembly, quarterly, as to any and all developments relating to the possible new use, lease or sale, of any portion of said land. This section shall not apply to lands owned by the Department of Transportation that are intended for transportation purposes except as provided in Title 17, Section 137, Delaware Code.
Section No agency shall engage a consultant or authorize expenditure of any General or special funds for the purpose of studying personnel policies and/or the wage and salary classification of employees without the written authorization of the Personnel Director, the Budget Director and the concurrence of the Controller General.
Section All state agencies are directed to remit payment for services rendered by the Division of Support Operations (Mail/Courier Services, Telephone Services, Printing and Publishing and Fleet Management) within 30 days after receipt of invoice. Services may include postal metering, paper supplies, facsimile, printing, telephone, photocopiers, printing and vehicle rental, Carvel Building parking, and vehicle fuels.
Section All outside graphics and printing services for state agencies shall be obtained from the Division of Support Operations or, if appropriate, the Director of the Division of Support Operations may award a contract in accordance with Title 29, Chapter 69, Delaware Code.
Section If a timely payment problem exists, the Department of Administrative Services may require all agencies and school districts paying telephone system payments through the department to make monthly estimated payments toward their telephone bills. The estimated payment is due within five working days of the beginning of each month. The estimated payment should equal the average of the last three months of actual reconciled payments; or payments based on a schedule established by the department. The department will continue to be responsible for the actual payments to the telephone companies and the reconciliation of accounts with the user agencies and school districts.
Section With the exception of the custodial work associated with Legislative Hall and the Governor's Office, the Department of Administrative Services (30-00-00) may not hire any permanent, full-time custodial employees in any fiscal year without the approval of the Budget Director and the Controller General.
Section It is hereby directed that the Indirect Cost Recovery Program, Office of the Budget, may recover indirect costs from non-federal special funded regulatory and service agencies. Costs that are allocated to a state agency under this authority shall be billed to the state agency, and the cost is payable to the General Fund of the State. The source of payment for the billed indirect cost shall be any revenue source except the General Fund. If the billed agency is authorized to bill and recover direct expenses, the agency shall recover indirect costs in the same manner. The effort initiated in Fiscal Year 1993 covering State Banking Commission, Professional Regulation and Public Service Commission shall continue in Fiscal Year 2001.
Section Notwithstanding the provisions of Title 29, Section 6340(a), Delaware Code, Section 1 of this Act summarizes salary and wage and other employment costs into a single line entitled "Personnel Costs."
Section Chapters 5.0000 and 6.0000 of the Merit Rules notwithstanding, the State Personnel Director, in accordance with the Budget Director and the Controller General, shall have the authority to designate and approve pilot projects within specified agencies. Such pilot projects shall accrue to the mutual benefit of the State as an employer and its affected employees in the Department of Health and Social Services, the Department of Services for Children Youth and Their Families, the Department of Correction, and the Department of Transportation. These pilot projects may include employee incentives which have the impact of reducing overtime usage in these departments, and which are designed to achieve a net reduction in costs to the State. Such projects may include elimination of pre-employment testing for certain classifications, eliminating the cap on vacation carry-over, gain sharing, and the substitution of certain fixed state holidays by floating holidays. Such pilot projects shall not exceed a period of two years duration, subject to renewal on a six month basis, and shall include a written assessment to the Budget Director and the Controller General of their effectiveness at the end of each period.
Section For Fiscal Year 2001, the provisions of Section 6502(a), Title 29, Delaware Code, shall be waived for school districts. In its place, school districts shall be required to provide to the Budget Director and Controller General a signed copy of its approved district budget for expenditures, including positions to be funded from all funds, as well as any other information required by the Budget Director (provided the Budget Director furnishes official blank forms for such data).
Section Notwithstanding the provisions of Title 29, Section 6334(c), Delaware Code, for Fiscal Year 2002, the proposed budget plan, as prepared by the Budget Director, shall be in such a format that it can readily be analyzed and comprehensive in nature.
Section All agencies receiving an Energy appropriation in Section 1 of this Act must work through the Division of Purchasing, Department of Administrative Services, and the State Budget Office, Executive Department, to attain any contract(s) dealing with the retail wheeling of natural gas or electricity. This includes agencies 01 through 95 with the exception of the University of Delaware.
During the current fiscal year, all energy use systems for new facilities, rental/leasing changes, and/or renovations to energy use systems must be coordinated with the Energy Office within the Department of Administrative Services, Division of Facilities Management and with the Executive Department, Office of the Budget.
Any internal program unit/budget unit having energy funding (electricity, natural or propane gas and heating oils) for the purpose of reimbursing a host internal program unit/budget unit must release the remaining sums to the host internal program unit/budget unit in the event that the tenant internal program unit/budget unit vacates the premises. It is the responsibility of the host internal program unit/budget unit to initiate the transfer request. Those agencies which are budgeted energy as a result of occupying a portion of a host facility’s property, and do not directly pay energy bills, may not transfer energy funds other than to the host agency.
Section Members of the Board overseeing the Delaware Qualified Tuition Savings Program may be reimbursed for mileage expenses incident to their duties.
Section Increased use of videophones and related technologies by agencies comprising the criminal justice system is beginning to have a positive impact on the operations of these agencies. One such positive impact is the reduction in the number of trips Department of Correction personnel need to make to transport offenders from the secure facilities in the prisons to the courts for various hearings and other procedural matters. To help quantify these positive impacts, agencies with videophones obtained through the Videophone Committee of the Criminal Justice Council shall submit to the Budget Director and Controller General an annual report on their use of their videophone(s). This report shall be submitted no later than December 1, 2000, and shall contain information such as but not limited to 1) the number of videophones used; 2) what types of activities the videophone(s) are used for; 3) the number of times the videophone(s) was used for each activity; 4) any savings or deferred costs resulting from the use of the videophone(s); 5) any costs directly associated with the use of the videophone(s); and 6) future plans for the use of the videophone(s).
Section The Department of Corrections shall submit a report of videophone usage to the Budget Director, Controller General and members of the Joint Finance Committee annually by December 1. This report shall include a detailed description of the actual savings, deferred costs and previously anticipated savings and deferrals that were not realized.
Section Amend the Classified Service Merit Rule No. 5.1453 to reflect the rate of pay per month for Level A to be $150 and Level B to be $75.
Section Notwithstanding any other provision of the Delaware Code or this Act to the contrary, the State Budget Office, subject to the approval of the Controller General, is authorized to make technical adjustments to the personnel complement of any agency as appropriated in Section 1 of this Act in those situations where, due to the rounding of split-funded positions, such an adjustment is necessary so that an agency may establish its authorized complement. The provisions of this section are retroactive to January 1, 1999.
Section Chapters 5.0000 and 6.0000 of the Merit Rules notwithstanding, the State Personnel Director in accordance with the Budget Director and the Controller General shall have the authority to approve statewide pilot projects including compensation for the purpose of attracting and retaining information technology personnel to State government. These pilot projects shall include, but are not limited to; the development of a competency based pay structure for information technology personnel, job rotation opportunities across various agencies, the development of technology resource groups, training opportunities and coordinating with the University of Delaware, Delaware State University and the Delaware Technical and Community College to develop formal cooperative education programs in information technology.
Section For FY 2001, Merit Rule 5.0711 shall be amended to authorize the appointing authority to approve a starting rate or promotional rate up to 85 percent of midpoint where the applicant’s qualifications are clearly over and above those required by the minimum for the class specification.
Section Effective July 1, 1999 all employee benefit deductions shall be made on a pre-tax basis. Employees who have currently designated employee deductions on a post-tax basis shall continue to have those deductions on a post-tax basis as long as the employee remains in a benefit program or the employee makes a change to pre-tax employee benefit deductions.
Section In an effort to reduce the financial impact of worker’s compensation and property losses to the State, the agencies and school districts shall work with the Insurance Coverage Office to implement safety and return to work policies. Any employee who has been on Worker’s Compensation shall be a preferential hire for any position for which the employee is qualified. In accordance with State law, the employee shall receive a salary supplement based on that employee’s prior earnings in the event the new salary is less than their current salary.
Section Amend 29 Del. Code 3303(b) by striking the fourth sentence in its entirety and replacing as follows:
“The rate of remuneration established in the report for offices which salaries are more
than $25,000, except for the Governor, shall not exceed 120% of the remuneration
received in the fiscal year in which the report is submitted.”
Section Section 1 of this Act appropriates $504.0 to the Office of the State Treasurer to establish an employee match component to the State of Delaware Deferred Compensation Program.
The fundamental structure, eligibility guidelines and match amounts are described in legislation sponsored by the members of the Joint Finance Committee. Further rules, stipulations and guidelines for administration of the program may be set by the Deferred Compensation Council.
Section Amend 29 Del. Code 5956 by striking 5956(g) in its entirety. This Act shall be effective June 1, 2000.
Section Not withstanding Chapter 2.0 and Chapter 12 of the Merit Rules, upon approval by the Budget Director, Controller General and the State Personnel Director temporary appointees may be assigned to the same position as that already assigned to a permanent employee in order to complete a special project.
Section Amend Title 29, Chapter 33, §3303 (a) by inserting “associate judges and court commissioners” after the words “all judges”.
Section (a) For the fiscal year ending June 30, 2000 any sums in the following accounts shall remain as continuing appropriations and shall not be subject to a reversion until June 30, 2001.
Fiscal Year Account
Appropriation Codes Remarks
2000 (01-05-01-01-40) Travel
1999/00 (01-05-01-01-41) Legislative Travel
2000 (01-05-01-01-50) Contractual
1998/99 (01-05-01-01-50) Contractual Services
1998-99 (01-05-01-01-85) Delegation Expense
2000 (01-08-01-01-85) TriCent Committee
2000 (01-08-02-01-50) Contractual
1997/98/99 (01-08-02-01-80) Senior Center Reporting
1998 (01-08-02-01-85) Formula Update
1999 (01-08-02-01-50) Contractual Services
2000 (01-08-02-01-60) Supplies and Materials
1998 (01-08-02-01-70) Capital Outlay
2000 (01-08-02-01-86) Juvenile Detention Oversight Committee
1998/99 (01-08-02-01-86) Juvenile Detention Oversight Committee
1996 (01-08-02-01-87) Contingency – Legal
1999 (01-08-02-01-98) One-Time
2000 (02-06-10-01-95) First State Quality Improvement Program
1999/00 (02-13-10-01-95) First State Quality Improvement Program
2000 (02-17-01-01-86) State Court Administrator Search/Kent County
Judicial Furniture
1998 (02-17-04-01-80) Computer Projects
1999 (02-17-04-01-81) Special Projects
1998 (02-17-04-01-85) Development Fund
1997 (02-17-04-01-97) Technology Initiatives
1999 (02-17-04-01-98) Flexible Technology Development Fund
1994 (02-17-04-01-98) One-Time Item (Civil CMS)
1997/99/00 (10-02-01-01-82) Computer One-Time
1998/99/00 (10-02-01-01-85) Data Development
2000 (10-02-01-01-91) Budget Automation
1998/00 (10-02-01-01-97) PHRST
1998 (10-02-01-01-98) One-Time (Automated Release Date Project)
2000 (10-02-01-01-99) Technology
1997 (10-02-01-02-01) Infrastructure
1998/00 (10-02-01-02-02) Evaluation Project
1999 (10-02-07-01-98) One-Time (SAC)
1997/99/00 (10-02-04-01-85) Legal Fees
2000 (10-02-04-01-89) Salary/OEC
1999/00 (10-02-04-01-92) Family Services Cabinet Council
1996 (10-02-04-01-93) Crime Bill Match
1997/98/00 (10-02-04-01-99) Technology Initiative
1999 (10-02-04-02-01) Home Visit
2000 (10-02-04-02-09) KIDS Count
2000 (10-02-04-02-18) Judicial Nominating Committee
2000 (10-03-01-01-87) Welfare Reform
2000 (10-03-01-01-88) Workplace Literacy
2000 (10-03-02-01-98) One-Time Items
1999 (10-03-03-01-87) Welfare Reform
1998/99 (10-03-03-01-88) Workplace Literacy
2000 (10-04-02-01-81) Employee Recognition
2000 (10-04-02-01-87) School-to-Work
1999/00 (10-04-02-01-98) First Quality Fund
2000 (10-04-05-01-86) Self Insurance
1995/97 (10-05-01-01-80) Pilot Programs
1999/00 (10-05-02-01-80) Operations
1997 (10-09-01-01-99) Technology Initiative
1996 (10-09-40-01-98) One-Time – LIS
2000 (15-02-01-01-98) One-Time
2000 (20-01-04-01-98) One-Time
2000 (20-03-01-01-81) Document Conservation
2000 (20-03-01-01-98) One-Time
1998 (20-03-01-01-80) Historic Markers
1997/99 (20-03-01-01-98) One-Time
1999/00 (20-06-01-01-98) Oral Histories
2000 (20-06-04-01-98) One-Time
2000 (20-08-01-01-80) Library Standards
2000 (20-08-01-01-81) Delaware Electronic Library
2000 (20-08-01-01-86) DELNET
1999 (25-05-01-01-97) Dual Payroll
1999 (25-05-01-01-99) Technology
1998 (30-01-40-01-98) Collaborative Bargaining
1998 (30-04-50-01-98) Consolidation of State Telephone 800 Numbers
1997/98/99/00 (35-01-20-01-83) Electronic Benefit Transfer
1995 (35-01-20-01-87) Electronic Benefit Transfer
1999/00 (35-01-20-01-97) Development
2000 (35-01-20-01-84) Nursing Home
2000 (35-01-20-01-98) One-Time
1997/98 (35-01-20-02-05) Technology
1999 (35-05-20-01-51) Contractual
2000 (35-05-20-01-82) Immunizations
2000 (35-05-20-01-83) Hepatitis B
1998 (35-05-20-01-98) Managed Care Home and Food Inspections
1999/00 (35-05-20-01-98) One-Time
2000 (35-05-20-01-80) School Based Heath Clinics
1996 (35-06-10-01-98) Managed Care One-Times
2000 (35-06-10-01-81) First Quality
1997 (35-07-01-01-99) DCIS
1997 (35-08-01-01-98) Adaptive Equipment
2000 (35-09-01-01-98) One-Time
2000 (35-12-10-01-98) One-Time
2000 (35-12-10-02-00) Federal Match
2000 (35-12-20-01-98) One-Time
1999 (37-01-10-01-97) Home Visiting Program Follow Up
2000 (37-01-10-01-84) Home Visiting
2000 (37-01-15-01-50) Silver Lake Leasing
2000 (37-01-50-01-81) MIS Development
2000 (37-01-50-01-98) One-Time (Client Records Project)
1995 (37-05-50-01-98) Ferris Retraining
2000 (38-01-01-01-82) Education Enhancement
2000 (38-01-01-01-83) Advertising Enhanced CO Recruitment
2000 (38-01-10-01-86) Warehouse
2000 (38-01-10-01-95) First State Quality Improvement Program
1998 (38-01-10-01-97) Technology Initiatives (DACS)
1999/00 (38-01-10-01-99) MIS/Technology
1999 (38-01-20-01-98) DCC Expansion Kitchen Start Up
2000 (38-01-30-01-80) Medical Services
2000 (38-01-31-01-80) Substance Abuse Treatment
1999/00 (38-01-40-01-99) Maintenance and Restoration
2000 (38-04-01-01-82) Drug Testing
2000 (38-04-01-01-88) Out-of-State Boarding
2000 (38-04-03-01-86) DCC Expansion Operating Start Up
1998 (38-04-03-01-98) DCC Expansion One-Time Items
2000 (40-01-01-01-96) Development Fund Project
1999/00 (40-01-01-01-97) MCI/Equipment
1999 (40-01-01-01-98) Technology
1999/00 (40-08-01-01-80) Delaware Estuary
1999 (40-08-02-01-98) First State Quality Fund
2000 (40-08-02-01-98) One-Time (LIMS Project)
1998 (40-08-05-01-97) Permitting Project
1999/00 (40-08-07-01-81) Whole Basin TMDL
1997/98/99 (40-09-03-01-80) HSCA Loan/Super Fund
1998 (40-09-03-01-82) Debris Disposal
2000 (45-01-01-01-98) Computer Equipment
1986 (45-01-01-03-81) Hazardous Waste Revolving Fund
2000 (45-01-20-01-98) 800 MHz Training
2000 (45-01-30-01-97) Hurricane Floyd
2000 (45-01-30-02-00) LEPC Expenses
1999 (45-04-10-01-98) Re-engineering Study
2000 (45-04-10-01-80) Tobacco Enforcement
2000 (45-04-10-01-97) One-Time – Advert. and Database Replacement
Study
1999 (45-06-01-01-98) Child Abuse Intervention Training
1998 (45-06-01-01-98) Academy Curricula and Training Study
1996 (45-06-05-01-80) CMP Project
1996 (45-06-05-01-81) AVL Tech
1998 (45-07-01-01-98) Telephone System
1995/99 (45-07-01-01-99) Anti-Theft Project
1999 (45-07-10-01-98) GDL Program
1998 (45-07-10-01-97) Point Changes
2000 (60-09-20-01-87) Welfare Reform
2000 (60-09-20-01-88) Individual Skills Grant
2000 (65-01-02-01-98) One-Time
2000 (70-01-01-01-97) Data Development/Printers
2000 (70-01-01-01-98) Voter Education Initiative
1997 (70-04-01-01-98) Road Naming/911 Project
1998 (75-01-01-01-98) Staff Computer Training
2000 (75-02-01-01-97) Student Records System
2000 (75-03-01-01-98) One-Time
2000 (75-03-01-09-76) GIA Section 2
2000 (76-01-01-01-69) MCI-DNG
2000 (90-03-01-01-99) Agricultural Match
2000 (95-01-01-01-89) State Board of Education
2000 (95-01-01-01-91) Professional Standards Council
1999/00 (95-01-01-01-93) Building Improvement
1999 (95-01-01-01-98) One-Time
1999/00 (95-01-01-02-00) Standards and Assessment
2000 (95-01-01-02-02) Delaware Student Testing Program
1999 (95-01-01-02-08) Family Involvement
1999 (95-01-01-02-11) FSCC-HV
2000 (95-01-01-02-27) Off Grade/EOS Testing
1999/00 (95-03-10-01-91) Professional Development
1996/97/98 (95-03-10-01-93) Shared Decision Making
2000 (95-03-15-01-27) Smithsonian Project
2000 (95-03-15-01-31) Early Education Center
2000 (95-03-20-01-27) Student Discipline Program
2000 (95-03-20-01-53) 3-5 Program
2000 (95-03-20-01-82) Early Childhood Assistance
1999 (95-03-20-01-98) One-Time
2000 (95-04-01-01-90) Public School Transportation
2000 (95-07-01-01-80) Operations
2000 (95-08-01-01-83) Scholarship
1998 (95-08-01-01-84) DHEC
2000 (95-08-01-01-85) Ferguson DSTP Scholarship
1997 (95-08-01-09-75) GIA Section 1
1998 (95-08-01-09-77) GIA Tuition
1994 (95-13-00-01-48) Teacher in Space
2000 (95-17-00-02-02) Discipline
2000 (95-23-00-02-02) Discipline
2000 (95-32-00-02-31) Brandywine Springs-Equalization
2000 (95-33-00-02-02) Discipline
(b) For the fiscal year ending June 30, 2000, any sums in Fiscal Year 1999 appropriations 0207 (Student Mentoring) and 0208 (Magnet Grants) for Public Education shall remain as continuing and not be subject to reversion until September 30, 2000. Program expenses may not be incurred subsequent to the start of the regular 2000-2001 school year.
(c) For the fiscal year ending June 30, 2000, any sums in appropriation 0193 (Shared Decision Making) for Fiscal Year 1996, Fiscal Year 1997 and Fiscal Year 1998 for Public Education shall remain as continuing and not be subject to reversion until June 30, 2001.
(d) Funds appropriated under Sections 369, 397(a)(3), (5) and (7), and Section 421 of this Act shall be appropriated on a 15 month basis and not be subject to reversion until September 30, 2001. Program expenses may not be incurred subsequent to the start of the regular 2001-2002 school year.
(e) For the Fiscal Year ending June 30, 2000, any sums in Fiscal Year 2000 appropriation 0213 (Charter School Operations) for Public Education shall remain as continuing and not be subject to reversion until June 30, 2001.
(f) Of the Continuing Appropriation for Fiscal Year 1996, (01-08-02-01-87), up to $100.0 may be used for the Legislative Clean Air Policy Committee, Inc. legal and consulting expenses. With the approval of Legislative Council, up to $20.0 may be used for technical assessment.
TOBACCO – MASTER SETTLEMENT AGREEMENT
Section Section 1 of this Act includes Appropriated Special Funds of $9,864.1 from funds received as a result of the Master Settlement Agreement on tobacco funds. These funds are allocated as follows:
(10-05-01) Health Care Commission
$1,000.0 Uninsured Action Plan;
500.0 Diabetes;
47.5 1.0 ASF FTE – Assistance to the Commission on health issues;
9.0 Casual and Seasonal assistance
(15-01-01) Attorney General
$ 110.0 2.0 ASF FTE’s - legal matters relating to tobacco laws & regulations
(30-05-10) Administrative Services - Facilities Management
$1,900.0 DHSS – Minor Capital Improvements
(35-01-10) Health & Social Services – Secretary
$ 250.0 Disabled Client Survey
(35-5-20) Health & Social Services – Community Health
$ 55.0 Chronic Disease Program;
2,135.5 Tobacco prevention through Community Based organizations including $110.0
for Department of Services for Children, Youth, & their Families;
150.0 Research and testing regimens of detecting lesser known illnesses
(35-5-30) Health & Social Services – Emergency Medical Services
$ 752.9 Public Access defibrillation initiative
(35-6-40) Health & Social Services – Alcoholism, Drug Abuse, and Mental Health
$ 200.0 Transitional housing for persons completing detoxification
(35-07-01) Health & Social Services – Social Services
$ 328.0 Prescription Drug Program (difference from FY00 funding);
1,485.0 SSI coverage for persons who lose benefits due to unearned income;
408.7 Increase Medicaid eligibility for pregnant women/infants to 200% of poverty
(45-4-1) Public Safety – Alcoholic Beverage Control
$ 315.5 3.0 FTE Agents and 1.0 FTE Clerical for Enhanced Enforcement
(of which $79.0 is one time funding)
(95-1-1) Public Education – State Board of Education and Department of Education
$ 77.0 1.0 ASF FTE School Health Coordinator for statewide training;
70.0 Professional development of public school staff, promotion of prevention activities in private schools, and prevention and health promotion supplies in public schools;
70.0 Pilot Life Skills Training Program
All of the above allocations are contained in the specified budget unit in Section 1 of this Act including associated positions and line item funding. The funds herein appropriated shall be disbursed in accordance with the recommendations of the Delaware Health Fund Advisory Committee as amended by the Joint Finance Committee.
All remaining unallocated funds shall be invested by the Cash Management Policy Board and any interest accrued shall be deposited to the credit of the funds of the Master Settlement Agreement.
LEGISLATIVE
Section Of the total positions authorized in Section 1 of this Act for the Division of Research (01-08-01), the position of Research Assistant to the House and Senate Sunset Standing Committees shall be an exempt position and shall report to the Director.
Section Section l of this Act provides an appropriation to the Office of the Controller General (0l-08-02) for Other Items: Legislative Council. Requests from the Chairs of Standing Legislative Committees for professional staff assistance shall be submitted to the Legislative Council for approval or disapproval. Approvals for professional staff assistance shall be allowed within the limits of the appropriation and as provided by guidelines established by the Legislative Council.
Section Section 1 of this Act provides an appropriation to the Office of the Controller General (01-08-02) for Contingency - Legislative Council. Requests from various task forces and committees of either the House of Representatives or the Senate for travel expenses, meeting expenses, contractual services and any other expenses shall be submitted to the Legislative Council for consideration.
Section The Hay points and the salary schedule for the Controller General shall be calculated in a manner comparable to division directors.
Section Section 1 of this Act makes an appropriation to the Office of the Controller General (01-08-02) for legal expenses regarding neighborhood schools. Expenditures of such funds shall be approved by both the Speaker of the House and the President Pro Tempore of the Senate on issues arising from planning for and implementation of neighborhood schools.
JUDICIAL
Section Section 1 of this Act, provides the Department of Services for Children, Youth and Their Families, Appropriated Special Fund (ASF) authority in the amount of $34.8 in order to provide public notice of court action(s) involving minors under the department's custody whose parents' whereabouts are unknown, per Family Court rules. Any other fees, assessments, costs or financial obligations imposed by Family Court for the issuance and service of subpoenas or summons by way of court rules, regulations or administrative procedures may not be charged to the Department of Services for Children, Youth and Their Families. Any such costs associated with these procedures shall be the financial responsibility of Family Court.
Section Section 1 of this Act contains position authorizations and associated appropriations to the Justices of the Peace Courts (02-13-10) included exclusively for the purpose of maintaining business hours in the following courts as specified:
J.P. Court #2 (Lewes) 10 eight-hour shifts per week
J.P. Court #4 (Seaford) 10 eight-hour shifts per week
J.P. Court #10 (Prices Corner) 12 eight-hour shifts per week
J.P. Court #15 (Claymont) 10 eight-hour shifts per week
J.P. Court #20 (City of Wilmington) 21 eight-hour shifts per week
Section Law clerk positions in the Court of Common Pleas (02-06-00) and the Staff Attorney position in the Justices of the Peace Court (02-13-00) shall be exempt positions and shall be excluded from classified service as defined under Title 29, Delaware Code, Section 5903.
Section Section 1 of this Act appropriates $424.8 in Contractual Services to the Office of the State Court Administrator (02-17-01) for Victim Offender Mediation Programs. The Victim Offender Mediation Committee will determine which programs are to be awarded funds from this appropriation.
Section This Act appropriates $110.8 ASF in personnel costs to the Court of Common Pleas (02-06-00) for 2.0 ASF FTE Court Clerks and 1.0 ASF FTE for a Fiscal Administrative Officer to help with the collection of court receivables inherited from the former City of Wilmington Municipal Court. Notwithstanding other statutes to the contrary, the Court of Common Pleas is authorized to retain a portion of the fines and fees collected from these receivables in an amount sufficient to cover the personnel costs of these positions. Adjustments to the Appropriated Special Fund spending authority for the Court of Common Pleas (02-06-00) can be made upon the concurrence and approval of the Budget Director and the Controller General.
Section Section 1 of this Act appropriates $215.5 in personnel costs and 5.0 FTEs to the Superior Court (02-03-10) for Drug Court positions funded by an expiring federal grant. Upon the expiration of the grant, the existing 5.0 Non-appropriated Special Fund positions will be converted into General Fund positions.
Section Section 1 of this Act appropriates $120.0 in Personnel Costs and 4.0 GF FTEs to the Court of Common Pleas (02-06-00) for the implementation of civil restraining orders. These positions are subject to enactment of Senate Bill 237 of the 140th General Assembly, or similar legislation, relating to civil restraining orders and the Court of Common Pleas. If this bill, or similar legislation, is not enacted these appropriations shall revert to a Budget Office Contingency.
EXECUTIVE
Section (a) Section 1 of this Act appropriates $2,000.0 to the Office of the Budget (10-02-01) for Data Processing – Development Projects which contemplates information technology planning, development and procurement services for the following state department/agencies development projects and feasibility studies:
DEPARTMENT / AGENCY SERVICE NEED
Office of the Budget
Family Services Cabinet Council Master Client Index
Agriculture
Delaware Nutrient Management Commission Database
Office of Information Services
Operations Oracle Licensing
Health and Social Services
Social Services MMIS Development
Child Support Enforcement DACSES Modifications
Natural Resources and Environmental Control
Office of the Secretary Data Integration
Allocation of the funds appropriated for this purpose shall be made by the Budget Director in consultation with the affected department/agency head. Service need allocations shall not be transferred to another department or service need unless approved by the Budget Director. In the event there are federal funds available for match in support of a project or projects, the Budget Director and the Controller General may transfer such funds as are necessary for matching purposes to the department/agency involved.
(b) No computer or computer-programming related systems project identified in Subsection (a) of this Section may be initiated by the departments/agencies during this fiscal year, unless covered by a formalized plan approved by the department/agency head and the Budget Director. After the Budget Director approves a formalized project, he/she shall forward a copy to the Controller General and the Director of the Office of Information Services. Such project will be in the form approved by the Budget Director, or his/her designee, and shall include:
(i) statement of work to be done;
(ii) existing work to be modified or displaced;
(iii) total cost of systems development and conversion effort, including systems analysis and programming cost, establishment of master files, testing, documentation, special equipment costs, including full overhead, savings or additions in positions and operating costs that will result after development or conversion;
(iv) other advantages or reasons that justify the work;
(v) source of funding for the work and whether or not work is within scope of work envisioned under this Section; and
(vi) estimated costs of such project shall include a three-year projection, i.e., current fiscal year and two succeeding fiscal years.
(c) No project is to be undertaken which is beyond the scope of work approved by the department/agency head and the Budget Director. This requirement applies to all computer or computer-programming related systems development performed by the Office of Information Services and approved by the Office of the Budget, department/agency itself or an outside consultant or contractor. Further, this requirement applies to new computer programs or systems purchased or otherwise acquired and placed in use.
(d) Status reports supplied by the Budget Office and approved by the Office of Information Services and the Controller General, sufficiently descriptive in nature of each project, shall be completed by each department/agency and provided quarterly to the Budget Director, the Director of the Office of Information Services and the Controller General.
(e) In support of all projects executed between the Office of Information Services and the Office of the Budget and the concerned department/agency, Information Services shall maintain staff support to the benefit of department/agency at the projected level of effort (subject to recruitment delays) until the project work has been accomplished.
(f) No funds appropriated in Section 1 of this Act may be used to employ data or word processing professionals in support of current or proposed data or word processing systems without prior written approval of the Budget Director.
Section The General Assembly finds that the establishment of the federal TANF block grant has left the state vulnerable to deficits from caseload increases attributable to an economic downturn. In order to minimize such exposure, the funds within the Reserve Account for CSCRP Disallowances (10-02-01-80-51), and any funds which may become available from a one-time federal surplus resulting from the old AFDC (Title IV-A) and JOBS (Title IV-F) Programs, shall be available to mitigate to the extent possible, projected deficits in TANF supported programs within the Division of Social Services, Department of Health and Social Services. The use of such funds for such purposes shall require the approval of the Budget Director and Controller General.
Section Section 1 of the Act contains an appropriation in Office of the Budget, One-Time Items and Contingencies (10-02-04) for Contingency - Salary. The Budget Director with the concurrence of the Controller General is authorized to transfer agency salary funds through transfers in order to adjust for salary savings, the general salary increase contained in Section 8 of this Act.
Section The amount appropriated to the Office of the Budget, Contingency and One-Time Items, Prior Years' Obligations, shall be used to pay personnel costs, reimbursement of overpayment of fringe benefits, and other obligations except coding errors by a school district which require adjustment of the state's accounts. Any use of the Prior Years' Obligations account by any agency receiving funds in Section 1 of this Act, in excess of the amount reverted from the applicable line code on June 30 of the fiscal year in which the expense was incurred, will require the requesting agency or school district to reimburse the Prior Years' Obligations account by the amount equal to the excess requested. A line code reversion sum does not negate the necessity of encumbering sufficient funds to cover known expenses, proof of circumstances beyond an agency's ability to encumber must be documented on the request for transfer to be excluded from the reimbursement clause. All requests for prior year funds to complete the payment of one-time items will require a reimbursement to the Prior Years' Obligations account by the requesting agency from any appropriation other than personnel costs. The reimbursement can be removed from the current fiscal year's budget. The reimbursement clause shall not apply to legal judgments against the agency or school district. A reimbursement under this Section shall not be deemed to be prohibited by Title 10, Section 8111, Delaware Code.
Section For Fiscal Year 2001, Title 29, Chapter 65, Section 6529, Delaware Code is interpreted to include the ability to implement a hiring review process. All State agencies with the exception of Legislative, Judicial, Higher Education and School Districts shall be subject to the provisions of Section 6529 as interpreted by this section. Implementation of a hiring review process shall require all positions to be reviewed and approved by the Budget Director and the State Personnel Director prior to filling. All non-cabinet agency hiring requests shall also require the review and approval of the Controller General prior to filling.
Section Section 1 of this Act appropriates $100.0 to Office of the Budget Contingencies and One-Time Items (10-02-04) for Tax Warrant Adjustment. Upon the approval of the Budget Director and the Controller General, $50.0 shall be transferred to both Kent and Sussex County for reimbursement of interest lost due to the change in the deadline for the delivery of school property tax warrants.
Section The appropriation in Section 1 of this Act to the Office of the Budget, Contingency and One-Time Items (10-02-04) for Contingency, Appropriated Special Funds for $20,000.0 shall be used to make adjustments in the amount of state special fund appropriations in the event additional state special funds are received which were not previously anticipated. Such adjustments shall be made in accordance with the approval of the Budget Director and the Controller General.
Section Section 1 of this Act includes a contingency of $200.0 in the Executive Department, Office of the Budget, One-Times and Contingencies (10-02-04) for West Nile Virus. With the approval of the Budget Director and the Controller General, all or part of these funds shall be transferred to state agencies to combat a potential outbreak of the West Nile Encephalitis Virus
Section Section 1 of this Act provides an appropriation to Office of the Budget, Contingency and One-Time Items (10-02-04). It is the intent that the appropriation for One-Time Appropriations in the amount of $8,811.4 shall be non-recurring expenditure items. The Budget Director shall transfer the appropriations as itemized to the departments. Each receiving department shall identify the line item, object code and, for all practical purposes, complete and separate accountability for each appropriation amount transferred. No appropriation shall be transferred without the Budget Director and the Controller General approvals. Any one-time appropriation for computer/word processing hardware, software and telecommunications, which contemplates the development of computer-related systems, shall be transferred into the line Computer One-Time Projects in Office of the Budget Administration (10-02-01). The expenditure of computer or computer related funds shall be subject to the restrictions of the Development Fund.
Further, it is the legislative intent that none of the appropriations for One-Time Appropriations be included, or be considered, as a part of the budget request for the FY 2002 Appropriation Bill.
Where applicable, the appropriations to Office of the Budget, Contingency, One-Time Appropriations (10-02-04), are subject to the following terms and conditions:
Fiscal Year Account
Appropriation Codes Remarks
(01-08-01) |
Legislative Stationery |
$70.0 |
(01-08-01) |
Phone System |
$80.6 |
(01-08-01) |
Furniture |
$11.0 |
(01-08-01) |
MIA Memorial on the Green |
$30.0 |
(01-08-02) |
Statewide Redistricting |
$75.0 |
(01-08-02) |
Computer Training |
$10.0 |
(02-03-10) |
Board of Canvass |
$30.0 |
(02-06-10) |
Office Furniture and Equipment for Clerks |
$12.4 |
(20-06-10) |
Electronic Cash Register for Collections |
$2.4 |
(02-08-10) |
Pro Se Program Center Supplies |
$9.6 |
(02-08-10) |
Pro Se Program Staff Attorney Furniture and Equipment |
$1.5 |
(02-08-10) |
Pro Se Program Attorney Computers |
$2.5 |
(02-08-10) |
Pro Se Program Center Audio Visual Equipment |
$1.2 |
(02-08-10) |
Pro Se Program Center Computers |
$5.6 |
(02-08-10) |
Court Security (Door Locks, Alarms, etc.) |
$27.6 |
(02-08-10) |
Court Security (CCTV) |
$20.9 |
(02-08-10) |
Court Security (Metal Detectors) |
$18.0 |
(02-08-10) |
Court Security (800 MHz Radios) |
$81.0 |
(02-13-10) |
Uniforms |
$2.4 |
(02-13-10) |
Weapons |
$2.8 |
(02-17-04) |
PC, Printer and Server Replacements |
$110.9 |
(02-17-04) |
Infrastructure Support Field and Help Desk Software |
$40.0 |
(02-17-04) |
Infrastructure Support Field and Help Desk Furniture |
$9.0 |
(02-17-04) |
Infrastructure Support Field and Help Desk Computers |
$21.0 |
(10-01-01) |
Computer Equipment |
$28.0 |
(10-02-01) |
Computer Equipment |
$7.5 |
(10-02-07) |
Sentencing Study |
$100.0 |
(10-02-07) |
RDBB Offset for Use of SAC FTE |
27.2 |
(10-03-01) |
Computers and Software |
$18.0 |
(10-03-03) |
Fraun Hofer |
$200.0 |
(10-07-02) |
DELJIS Relocation |
$92.7 |
(12-02-01) |
Travel and Training Related to SAP Accounting System |
$35.4 |
(12-02-01) |
Peer Review, External Quality Control Review |
$15.0 |
(12-05-01) |
RFP 403(b) |
$30.0 |
(15-01-01) |
Computer Maintenance/Wiring for Kent County Space |
$40.0 |
(15-01-01) |
Office Equipment/furniture for Kent County Space |
$40.0 |
(15-02-01) |
Computer Upgrades |
$25.0 |
(15-02-01) |
Furniture and Equipment |
$19.0 |
(15-02-01) |
Network Upgrades (Rewire New and Existing Buildings) |
$10.0 |
(15-02-01) |
MPCJF Wiring (Fix Water Damaged Wiring) |
$4.0 |
(15-02-01) |
Computer Training (IT Staff) |
$18.0 |
(15-03-01) |
Computer Upgrades |
$6.0 |
(20-01-03) |
Heavy Equipment Purchase (Front-end Loader) |
$27.2 |
(20-01-03) |
Excavator |
$48.0 |
(20-01-03) |
Turf Utility Vehicles (3) |
$20.4 |
(20-01-03) |
Riding Mulch Mower |
$9.9 |
(20-01-03) |
Flat Bed Utility Vehicle |
$9.3 |
(20-03-01) |
Historical Markers |
$70.0 |
(20-03-01) |
Revolutionary War Marker |
$7.5 |
(20-03-01) |
Metal of Honor Grove |
$10.0 |
(20-06-04) |
Computer Upgrades for J-V Museum |
$14.0 |
(20-06-04) |
Truck and Equipment Replacements |
$48.0 |
(20-08-01) |
DE Libraries Centennial Celebrations |
$75.0 |
(30-05-10) |
Accessibility Survey |
$82.1 |
(30-06-10) |
Projector |
$3.5 |
(35-05-20) |
Office of Narcotics & Dangerous Drugs Vehicle |
$30.0 |
(35-05-20) |
Narcotics Vehicle |
$25.0 |
(35-12-10) |
Customer Service Training |
$50.0 |
(37-01-20) |
Truancy Bill |
$200.0 |
(37-05-30) |
Staff Development Supplies & Capital Items |
$5.0 |
(37-05-50) |
Probation Officers – Furniture & Equipment |
$15.0 |
(38-01-02) |
Office Furniture, Equipment and Computer Equipment for HR/EDC FTEs |
$9.0 |
(38-01-02) |
Ammunition for CEIT Classes |
$75.0 |
(38-01-02) |
Supplies for CEIT Classes |
$75.0 |
(38-01-10) |
Furniture and Computers for JIS FTEs for DACS Maintenance |
$9.0 |
(38-01-10) |
Replacement Computers |
$210.0 |
(38-01-20) |
Kitchen Start Up and Supplies for DCC Max |
$50.0 |
(38-01-20) |
Kitchen Start Up and Supplies for KWRC |
$20.0 |
(38-01-20) |
Kitchen Start Up and Supplies for Central VOP |
$10.0 |
(38-01-40) |
Vehicle for MPCJF CO/Maintenance Mechanics (Day-Shift) |
$17.5 |
(38-04-01) |
Security Equipment for Institutions |
$100.0 |
(38-04-03) |
AFIS – Finger Print Machine |
$75.0 |
(38-04-03) |
3 Vans |
$70.0 |
(38-04-06) |
Furniture, Equipment and Computer for Correctional Counselor |
$4.5 |
(38-04-06) |
Computers for Record Clerk Positions |
$5.0 |
(38-04-06) |
Furniture and Equipment for Record Clerk Positions |
$22.5 |
(38-04-09) |
Radios for Prison Industries FTEs |
$1.6 |
(38-04-09) |
Sewing Machines |
$16.0 |
(38-06-02) |
Furniture, Equipment and Computer for Middletown Staff |
$9.0 |
(38-06-02) |
Start Up Costs for Middletown Office |
$50.0 |
(38-06-02) |
Furniture, Equipment and Computers for PO’s Apprehension Unit |
$31.5 |
(38-06-08) |
Furniture, Equipment and Computers for KWRC Staffing |
$31.5 |
(38-06-10) |
Furniture, Equipment and Computers for Central VOP Staff |
$31.5 |
(40-05-04) |
Moving Expenses |
$6.0 |
(40-05-04) |
Office Furniture |
$5.0 |
(40-06-02) |
4-Wheel Drive Beach Patrol Vehicle for Cape Henlopen |
$30.0 |
(40-06-02) |
Killens Pond |
$30.0 |
(40-06-02) |
Bellevue – Golf Vehicles |
$17.2 |
(40-07-01) |
Dredging Study for the Inland Bays |
$25.0 |
(40-09-01) |
Debris Disposal Fund |
$250.0 |
(40-09-01) |
Debris Disposal Fund Supplies and Materials |
$17.1 |
(40-09-01) |
Debris Disposal Contractual |
$42.9 |
(40-09-03) |
Furniture and Equipment |
$12.0 |
(45-01-30) |
HB 427 – DEMA Assistance and Relief Fund |
$50.0 |
(45-01-30) |
Retrofit New Castle County Decon Trailer |
$28.0 |
(45-01-30) |
Retrofit Sussex County Decon Trailer |
$19.0 |
(45-02-10) |
Equipment and Uniforms for new Capitol Security Officers at CSOB |
$16.5 |
(45-02-10) |
Start Up Costs for Court Security |
$33.2 |
(45-06-01) |
New School Resource Officer Training Supplies |
$14.4 |
(45-06-01) |
Upgrade State Police Applicant Tracking System |
$8.0 |
(45-06-04) |
Computer Crime Unit Hardware |
$25.0 |
(45-06-04) |
New School Resource Officer Personnel Costs while in Academy |
$75.6 |
(45-06-05) |
Computer Crime Unit Hardware |
$33.0 |
(45-06-07) |
Replacement for Radars |
$52.0 |
(45-06-09) |
Replacement for Vests |
$50.8 |
(45-06-09) |
Replacement for Weapons: Handguns, Shotguns |
$57.2 |
(45-06-10) |
800 MHz Radios for New School Resource Officers |
$16.4 |
(45-06-11) |
Patrol Vehicle Replacement |
$400.0 |
(45-06-11) |
Replacement for Front Seat Barriers |
$22.5 |
(45-07-10) |
Spanish Drivers Manual |
$10.0 |
(60-01-10) |
WIA Awareness/Marketing Campaign |
$6.5 |
(60-01-30) |
Additional Copies of Delaware Legal Handbook |
$5.5 |
(60-01-30) |
Public Forums and Workshops |
$35.0 |
(60-01-30) |
Release of Women in Delaware Status Report |
$2.5 |
(60-09-20) |
PC, Furniture and Telecommunications Equipment |
$5.0 |
(65-01-01) |
Replacement of Computer Server |
$35.0 |
(65-04-01) |
Blackbird Forest Storage Building |
$25.0 |
(65-04-01) |
Fire Fighting Equipment for Redden and Blackbird Forests |
$22.0 |
(70-01-01) |
FY 2001 Primaries and General Elections |
$329.3 |
(70-01-01) |
Hardware and Software for Reapportionment |
$60.0 |
(70-02-01) |
FY 2001 Primaries and General Elections |
$1,495.3 |
(70-02-01) |
Office Chairs |
$4.2 |
(70-02-01) |
2000 Elections Fail-Safe Enhancement |
$48.0 |
(70-02-01) |
Satellite Office |
$30.0 |
(70-03-01) |
FY 2001 Primaries and General Elections |
$285.4 |
(70-03-01) |
Polling Place Rent Increase |
$5.1 |
(70-04-01) |
FY 2001 Primaries and General Elections |
$245.4 |
(70-04-01) |
Polling Place Rent Increase |
$5.0 |
(70-04-01) |
New Telephone System |
$11.5 |
(75-01-01) |
Radio Equipment for the New Castle County Office |
$20.0 |
(75-01-01) |
10 Units for Pen Based Technology |
$50.0 |
(75-01-01) |
Smoke Detectors |
$10.0 |
(75-02-01) |
Combustive Gas Analysis Study |
$25.0 |
(75-02-01) |
Air Compressor |
$20.0 |
(75-03-01) |
EMT-B Training Reimbursement |
$160.5 |
(76-01-01) |
Upgrade PC Systems to Link to State Database |
$25.0 |
(76-01-01) |
Promotional Video |
$40.0 |
(77-01-01) |
Computer Upgrades |
$3.0 |
(90-01-02) |
Replacement of 1994 Field Vehicle |
$24.0 |
(90-01-02) |
Spacial Data Conversion |
$75.0 |
(90-04-02) |
Replacement of Broken Heat Pumps at Owens Campus |
$25.0 |
(90-04-04) |
Short-term MCI Projects at Stanton and Wilmington Campuses |
$50.0 |
(90-04-06) |
Space Conversion for Information Systems Division FTEs at Terry Campus |
$25.0 |
(95-01-01) |
Diploma Index Standard Setting |
$15.0 |
(95-01-01) |
School Library Resources |
$780.0 |
(95-01-01) |
Neighborhood Schools |
$250.0 |
(95-01-01) |
Summer School Committee |
$20.0 |
(95-01-01) |
National CCSSO Annual Conference |
$20.0 |
(95-01-01) |
State Board of Education Accountability Survey |
$40.0 |
(95-03-10) |
Diploma-at-a-Distance Computer Equipment |
$40.0 |
(95-03-20) |
ECAP Classroom Relocation/Renovation Costs |
$25.0 |
(95-08-01) |
Computer Equipment |
$1.7 |
Section Section 1 of this Act appropriates $71.0 to the Office of the Budget, Contingency and One-Time Items (10-02-04) for the Family Services Cabinet Council. These funds may be used by the Cabinet Council to continue development of interagency policy initiatives concerning children and families, including those that may be brought to its attention by the General Assembly:
1. Determine how to measure and report on the status of children and families to assist, evaluate and track state and county-wide services related to child and family well-being;
2. Determine how to use collected tracking information to inform decision-makers concerning policies affecting children and families in Delaware and to strengthen public action on behalf of children and families with the state;
3. Identify additional funds from federal and private sources to maximize the resources of the state to enhance the well-being of children and families;
4. Create an on-going forum and process to facilitate integrative, collaborative planning of programs and services for children and families within Delaware.
The Family Services Cabinet Council is authorized to receive and spend non-state and non-federal money for the purposes listed above. Any such funds received shall be set up in an account to be administered by the Office of the Budget.
The Cabinet Council is encouraged to use the Delaware Kids Count Project as a resource in the collection and analysis of data on children and family issues.
The Cabinet Council is encouraged to explore with the University of Delaware and Delaware State University to determine how these institutions can participate consistent with their land grant mission.
The Cabinet Council shall report quarterly to the Controller General on expenditure of funds in FY 2001.
Additionally, $21.0 of this appropriation shall be used to support the University of Delaware, Cooperative Extension newsletter series, Great Beginnings.
Section Section 1 of this Act provides one-time funding of $25.0 to the Office of the Budget Contingencies and One-Times for the Delaware High School Football Championship. These funds are to be used for the Championship games of both Division I and Division II to be held at the University of Delaware, Delaware Stadium. Another location, if agreed to by the Delaware State High School Football Tournament Committee, may be selected. If funds are not expended during Fiscal Year 2001 for Championship games held at the University of Delaware, the funds may be continued to Fiscal Year 2002 or until such time the University is the sight of the Championship games. Proceeds from these two events shall be used as necessary to cover the cost of holding these Championship games at the Delaware Stadium in subsequent years unless another location is agreed to.
Section Section 1 of this Act appropriates $1,244.8 to the Office of the Budget, Contingencies and One-times, Motor Fuel Tax operations (10-02-04). The purpose of this funding is to reimburse the Transportation Trust Fund of the Department of Transportation, Office of Financial Management and Budget (55-01-02) for the operating cost of Motor Fuel Tax.
Section Section 1 of the Act makes an appropriation of $100.0 to the State Budget Office, Statistical Analysis Center (10-02-07) for the purpose of conducting a comprehensive study of Delaware’s criminal justice system. The Sentencing Accountability Commission (SENTAC) shall submit a plan prior to researching the study to the Budget Director and the Controller General for approval. SENTAC shall submit a final report to the Office of the Controller General and the Budget Office by January 17, 2002.
Section Section 1 of this Act makes an appropriation of $50.0 in Appropriated Special Funds to the Criminal Justice Council (10-07-01) for SENTAC. These funds shall be used contractually for the Statistical Analysis Center (10-02-07) in order to provide an in-depth look at Level IV drug treatment programs. SENTAC, in conjunction with the Statistical Analysis Center, shall submit a plan prior to conducting the study to the Budget Director and the Controller General for approval. SENTAC shall submit a final report to the Office of the Controller General and the Budget Office by January 17, 2002.
Section Notwithstanding the provisions of any other law, for the fiscal year ending June 30, 2001 interest earnings of the Delaware Strategic Fund as provided for in Section 5027, Title 29 of the Delaware Code, shall be used in the following manner and not to exceed the amounts so noted:
(i) the first $350.0 shall be used for the general operating expenses of the Delaware Small Business Development Center.
(ii) the second $300.0 shall be used to continue the Delaware Business Marketing Program within the Delaware Economic Development Authority (10-03-03). It is the intent of the General Assembly that these funds shall be used to match non-state contributions to the Delaware Business Marketing Program. Receipt of non-state funds shall be deposited in a special fund for business marketing and recruitment purposes only. Expenditures of the program shall be divided between non-state contributions and the state matching funds such that non-state contributions are not less than one half of total expenditures. These funds shall not be used for hiring full-time employees. On or before April 1, 2001, the Director of the Delaware Economic Development Office shall provide to the Budget Director and the Controller General a report on the Delaware Business Marketing Program. The report shall include an itemized list of non-state funds received, total expenditures and an assessment of the performance of the program to date.
(iii) the third $100.0 shall be used for general operating expenses of the Working Capital Delaware Program (YWCA of New Castle County).
(iv) any remaining funds shall be used for the purposes of the Delaware Strategic Fund.
Section Section 1 of this Act appropriates $65.0 for Other Items to Delaware Economic Development Authority (10-03-03). Of this amount, $15.0 shall be allocated for the Delmarva Advisory Council.
Section The Delaware Economic Development Authority (10-03-01) will continue to use revenue from Blue Collar Training Fund for the Workforce Development Grant. Funding for this grant shall be maintained at current levels.
Section Amend Section 6102(b) Title 30, Chapter 61, Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:
“(b) The proceeds of this tax shall be distributed as follows: Five percent to the State General Fund, one percent to the Beach Preservation Program of the Department of Natural Resources and Environmental Control of the State, one percent annually shall be designated, in the proportion in which collected, to the duly established convention and visitors bureau in each county and one percent to the Delaware Tourism Office.”
Section Of the Appropriated Special Funds allocated to the Delaware Tourism Office pursuant to Section 6102(b), Title 30, Chapter 61, Delaware Code contained in Section 1 of this act, $200.0 ASF shall be used to fund a matching grants program and $50.0 ASF shall be used to for a grant program where no match is required. Funds awarded as either grants or matching grants shall not be used for overhead or personnel related costs by the recipient entities. The Delaware Tourism Office, in cooperation with the Tourism Advisory Board shall develop rules and regulations for the application and award of the grants and matching grants. The Delaware Tourism Office shall provide the Controller General and Budget Director with a report by April 1, 2001 detailing the usage of the funds herein authorized. Said report shall also contain an assessment of the effectiveness of the programs in increasing tourism throughout the State.
Section Section 1 of this Act authorizes $27.0 ASF within the Delaware Tourism Office for the National High School Federation Wrestling Tournament. This is a one-time authorization for expenditure during Fiscal Year 2001.
Section Section 1 of this Act authorizes a one-time $50.0 ASF within the Delaware Tourism Office for the production of a book featuring Delaware Historical Markers for distribution by the Tourism Office. Notwithstanding any law to the contrary, the Delaware Public Archives, in consultation with the Tourism Office shall execute a contract for the production of 2,500 copies to be distributed as follows: 100 copies to the Speaker of the House of Representatives, 100 copies to the President Pro Tempore of the Senate and one copy to each incumbent legislator. The Tourism Office shall use the remaining copies for promotional purposes, which may include sale.
Section Section 1 of this Act authorizes $250.0 ASF within the Delaware Tourism Office for the Kalmar Nyckel. Said authorization is contingent upon the concurrence of the Board of Directors of the Riverfront Development Corporation.
Section Section 1 of this Act authorizes $5.0 ASF within the Delaware Tourism Office for the Juneteenth Celebration. This is a one-time authorization for expenditure during Fiscal Year 2001.
Section Section 1 of this Act appropriates $337.7 to the Office of State Personnel, Operations (10-04-02) for Generic Aides/Handicapped Employees. This appropriation is intended to encourage and enable qualified mentally and physically handicapped persons to obtain state employment in a State agency or school district per the provisions of Title 29, Chapter 59, Section 5924 of the Delaware Code.
Section Section 1 of this Act provides authorization for a Staff Development Officer to be funded with Appropriated Special Funds in the Office of State Personnel, Staff Development and Training (10-04-04). The position will support statewide training programs for state managers, supervisors and employees. It is the intent of this Act to support these statewide training programs, in part, with funds generated from the assessment of charges for courses on agencies participating in certain classes held by the Office of State Personnel. The Office of State Personnel may set charges for courses to sustain or create training programs with the funds placed in an Appropriated Special Fund account established by the Budget Director.
Section Section 1 of this Act provides an appropriation of 2.0 ASF FTEs and $84.7 ASF in the Office of State Personnel (10-04-00). The State Personnel Director shall be the appointing authority and the two ASF FTEs will be housed in the State Personnel Office. These positions shall be Personnel Officers who will work on personnel issues for the Department of Transportation. The source of funding shall be the Department of Transportation, Division of Administration (55-02-01).
Section For Fiscal Year 2001, the provisions of Title 29, Section 5905(b)(1), Delaware Code, shall be waived for any merit exempt employee on the PHRST project who is not covered by Merit Rule 6.0224, and the State Personnel Director shall have the same authority provided in Merit Rule 6.0224, in unusual circumstances and upon written request from the appointing authority, to authorize carrying over annual leave in excess of the maximum amount for PHRST project merit exempt employees.
Section The State Employees Pension Benefits Review Committee will continue to review the pension plan by using appropriate and accepted comparative analysis, including, but not limited to, the benefit structure of the various state pension systems for the purpose of evaluating current pension plan benefits and recommending changes.
The committee membership will consist of the Chairman and the Vice Chairman of the Legislative Joint Finance Committee, one member of the Senate appointed by the President Pro Tem, one member of the House of Representatives appointed by the Speaker, three members appointed by the Chairman of the Board of Pension Trustees, one member of the Pension Advisory Council, the Pension Administrator, the State Personnel Director, the Budget Director, and the Controller General.
The Budget Office, the Controller General's Office, and the Pension Office shall provide the committee with staff support and such other resources as the committee may require.
Section Whenever the annual valuation of the market value of the assets of the Special Pension Fund exceeds the actuarial value of benefits available to persons entitled to receive special pensions by a factor of at least 20 percent, the Board of Pension Trustees, in its sole discretion, may transfer the excess over 20 percent or any part of it to the State Employees Pension Fund for the benefit of that Fund.
Section Section 1 of this Act provides funding for a state employee pension rate of 7.44 percent. The components of the rate are approximately 1.67 percent for the pension liability, 3.44 percent for the retiree health insurance liability and 2.33 percent for the Post-Retirement Benefit Fund. The 1991 Early Retirement Option (ERO) accounts for approximately .71 percent of the pension liability and .55 percent of the retiree health insurance liability.
Section The Board of Pension Trustees may allocate the pension/health insurance monies received from the State during any month to ensure that funds are available to pay health insurance premiums for retirees in each month.
Section Notwithstanding Section 5502(a)(3), Title 29 of the Delaware Code, pension benefit payments during fiscal year 2001 to the incumbent in position number 038593 who retired effective 12/31/98, shall not be reduced for earned income in excess of the allowable limit.
Section The duties of the State Personnel Director shall include the administration and management of a statewide human resource information system and upon implementation, serve as the administrator of all data and processes supported by the system throughout the State, including all government agencies, school districts, Delaware State University and Delaware Technical and Community College.
Section The Delaware Health Care Commission (10-05-01) is hereby authorized to reimburse Commission members for mileage associated with Committee responsibilities.
Section The line item, Subvention, in Section 1 of this Act, Delaware Institute of Dental Education and Research (10-05-03), as provided by Title 14, Chapter 88, Delaware Code, provides for three dental internships and sufficient funds to contract with the Delaware Psychiatric Center to continue the Dental Internship Program. This program also will serve clients in the Community Mental Retardation Program.
Section Section 1 of this Act appropriates $1,832.5 to the Delaware Institute of Medical Education and Research (10-05-02). This amount shall be allocated as follows:
Jefferson Medical College $1,000.0
Philadelphia School of Osteopathic Medicine 62.5
University of Delaware 50.0
Medical Center of Delaware 200.0
Scholarships/Loans 420.0
Loan Repayment 100.0
$1,832.5
Any changes in this allocation must receive prior approval from the Budget Director and the Controller General.
Of the scholarship/loan allocation identified above, $400.0 is to be used to provide financial assistance in the form of loans for students attending Jefferson Medical College and $20.0 is to be used for students attending Philadelphia College of Osteopathic Medicine allocated by the DIMER Board. Beginning July 1, 1993, persons receiving loans who had not previously received loans shall be required to repay those loans. Persons who first received scholarships before July 1, 1993, may voluntarily elect to participate in the loan program. These loans shall be repaid under terms and conditions that will be set by the Delaware Higher Education Commission who shall be responsible for the record-keeping. Loan recipients may discharge their repayment obligation by agreeing to serve in Delaware providing primary care services, not including residency training, such as pediatrics, internal medicine, family medicine or obstetrics/gynecology. The service obligation shall be calculated so as to make equal the ratios represented by the loan to the annual tuition and the time of service to a calendar year. The loan repayment allocation of $100.0 shall be used to recruit physicians, either medical doctors or doctors of osteopathic medicine, to Delaware. Recruitment tools include, but are not limited to, loan repayments as approved by the Delaware Health Care Commission.
Section (a) Section 1 of this Act appropriates to the State Housing Authority (the "Authority") $7,252.1 for its discretionary operating expenses. Discretionary operating expenses include personnel costs, travel, contractual services, supplies and materials and other normal business expenses of the Authority which are not required to be made pursuant to bond resolutions, trust indentures, agreements with the Federal Department of Housing and Urban Development, or otherwise required by operating agreements of the Authority.
(b) Nothing herein shall be construed to require any prior approval for the Authority to meet its previously contracted obligations, including debt service requirements under bond resolution or trust indenture of the Authority, nor shall anything contained herein require any such prior approval for any expenditure by the Authority under any such bond resolution or trust indenture or under any agreement with the Federal Department of Housing and Urban Development.
Section Of the general funds appropriated in Section 1 of this Act to the Delaware State Housing Authority for the Housing Development Fund, $480.0 shall be loaned to The Ministry of Caring for the Sacred Heart Village Assisted Living project. The terms of said loan shall be at the discretion of the Housing Authority and in accordance with Subsection 4030(c), Title 31, Delaware Code.
Section The Delaware State Housing Authority is hereby authorized to use up to $325.0 of the interest income from the Housing Development Fund for the support of administrative functions associated with that fund.
Section Section 1 of this Act appropriates funding for a Senior Secretary in Criminal Justice Council (10-07-01) to be used as dedicated secretarial support for the Executive Director of the Domestic Violence Coordinating Council. This position shall be an exempt position and shall be excluded from classified service as defined under Title 29 Delaware Code, Section 5903.
Section The Statistical Analysis Center (10-02-07) is authorized a one-time expenditure of $4.2 from its Continuing Appropriation (99-10-02-07-01-98) in this Act for computer equipment replacement.
Section Amend Title 11, Delaware Code by adding thereto a new Chapter 89 within Part V Law Enforcement Administration as follows:
“CHAPTER 89. STATISTICAL ANALYSIS CENTER
§ Section 8901. Established; employees.
(a) There is hereby established the Statistical Analysis Center within the Office of the Budget. The Director of the Statistical Analysis Center shall be qualified by training, education or experience to carry out the mission of the Statistical Analysis Center and shall report to the Budget Director.
(b) The Director of the Statistical Analysis Center may employ such personnel as are necessary to carry out the functions of this chapter, subject to the approval of the Budget Director and within the limits of any appropriation made by the General Assembly. The staff of the Statistical Analysis Center is hereby placed under the authority of and is subject to the oversight and supervision of the Budget Director.
§ Section 8902. Mission.
The Statistical Analysis Center shall provide the State with a professional capability for objective, interpretive analysis of data relating to crime and criminal justice issues in order to improve the effectiveness of policy making, program development, planning, and reporting.
§ Section 8903. General powers and duties.
In pursuit of its mission, the Statistical Analysis Center shall have the following powers, duties and functions:
(1) Generate statistical and analytical products concerning crime and the criminal justice system in the State;
(2) Provide statistical and analytical services from available information upon request;
(3) Provide technical assistance in the identification of sources, collection, analysis, interpretation, and dissemination of criminal justice statistics to state and local governmental agencies;
(4) Identify, collect, analyze and disseminate statistics regarding the resources expended on criminal justice in the state;
(5) Promote the orderly development of criminal justice information and statistical systems within the state;
(6) Maintain a state level capability for providing state and local governments with access to federal resources in criminal justice statistical information in cooperation with the U.S. Department of Justice,
(7) Serve as the clearinghouse and point of contact for the U.S. Department of Justice and for state agencies, local government agencies, the courts, and appropriate non-governmental organizations;
(8) Direct or participate in the research design for the analysis of crime or criminal justice issues for the State; and
(9) Conduct research and provide analyses as required to determine the impact proposed policy changes may have on the criminal justice system.
§ Section 8904. Access to information and data.
The Statistical Analysis Center shall have full access to all information and data in any form, including computerized files and official records, to accomplish its research and analysis. All data referencing individuals shall be used only for research purposes and shall not in any way be shared or portrayed as to identify any individual so as to meet both state and federal security and privacy laws. It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report that may be requested by the Statistical Analysis Center.
§ Section 8905. Criminal justice agencies and courts to provide assistance.
It shall be the duty of all criminal justice agencies and courts of the State or any political subdivision thereof to provide such assistance as may reasonably be requested by the Statistical Analysis Center to carry out its mission under this chapter.”
Section An Implementation Committee for the Office of the Budget, Statistical Analysis Center (SAC), shall be established to review how SAC will carry out its mission and responsibilities under the administration of the Office of the Budget. The committee shall evaluate and make recommendations on the method of allocating resources; recurring project assignments; guidelines to establish procedures prioritizing ad hoc research report requests; guidelines for a peer review committee that would review research design, methodology, and statistical integrity of the analytical process; and other issues as needed. This committee shall consist of ten members as follows:
1. Budget Director or his designee;
2. Controller General or his designee;
3. Director of the Statistical Analysis Center;
4. Chair of the Criminal Justice Council;
5. Commissioner of the Department of Correction or his designee;
6. Secretary of the Department of Public Safety or his designee;
7. Secretary of the Department of Services for Children, Youth and Their Families or his designee;
8. One member to be designated by the Chief Justice of the Supreme Court;
9. One member of the Department of Justice, to be designated by the Attorney General; and
10. One member of the Office of the Public Defender, to be designated by the Public Defender.
The SAC Implementation Committee shall submit a report of its findings and recommendations to the Budget Director on or before December 31, 2000.
Section Section 1 of this Act includes 1.0 FTE in the Executive Department, Office of the Budget, Statistical Analysis Center (10-02-07) for the Director of the Statistical Analysis Center. This position shall be exempt from the Merit System until such time as the current incumbent vacates the position, at which time the position shall be classified by the Director of State Personnel in accordance with the Merit System, Title 29, Chapter 59, Delaware Code.
Section In an effort to manage the cost/benefit of professional services, the Office of Information Services is hereby authorized to implement a pilot project to utilize the services of Limited Term employees in lieu of contractual services. Requests, accompanied by an implementation plan and/or status report, from the Executive Director of the Office of Information Services for transfer of unexpended contractual services to personnel costs, for purposes of this pilot within the Office of Information Services, may be made upon approval of the Budget Director and the Controller General. OIS employees hired as Limited Term under this section shall be hired within the procedures of the Merit Rules and compensated at rates within salary ranges as specified in the Merit System and Merit Comparable Salary Schedules.
Section A Committee consisting of representatives from the Office of the Controller General, the Office of the Budget, the Governor’s Office, the Public Service Commission and the Office of Telecommunication Management within the Office of Information Services shall be formed to make recommendations regarding the State’s E911 System. These recommendations shall address funding for equipment, maintenance and operations, as well as operational and contractual issues. The Committee shall report its findings to the Governor, Controller General, Co-Chairs of the Joint Finance Committee and Budget Director by December 1, 2000.
OTHER ELECTIVE OFFICES
Section The Auditor of Accounts (12-02-00) is hereby directed to audit the state-funded portion of the finances of the University of Delaware as authorized by Title 14, Chapter 51, Section 5109, Delaware Code. The Contractor conducting the audit shall be selected jointly by the University of Delaware and the State Auditor.
Section Of the total positions authorized in Section 1 of this Act for the Auditor of Accounts (12-02-01), the position of Community Relations Officer shall be exempt from classified service.
Section Section 1 of this Act reflects for the Auditor of Accounts (12-02-01) sufficient state-match funding for federally-mandated audit services. If, during the first three months of any fiscal year, the State Auditor should experience a cash flow deficit in fulfillment of federal audit responsibilities, the Budget Director, upon the request of the State Auditor, shall attempt to advance sufficient funding from the Indirect Cost Account.
Section Section 1 of this Act provides the ASF appropriation for the Fraud Unit within the Insurance Commissioner’s Office (12-03-01). Merit positions hired for this unit may not be hired above 85 percent of the mid-point of the position’s paygrade without permission of the Office of State Personnel and the Office of the Budget.
Section Section 1 of this Act contains ASF position authorizations and associated appropriations for the Bureau of Examination, Rehabilitation and Guaranty within the Insurance Commissioner's Office (12-03-02). Said authorizations and appropriations include an authorization for 1.0 Director of Administration and 1.0 Arbitration Secretary, both of which shall be exempt.
Section The Office of State Treasurer (12-05-00) is authorized to establish and maintain a special fund (NSF) appropriation to be credited with stale check write-off amounts. Use of this account is limited to the processing of stale check reissues by the Office of the State Treasurer. On June 30 of each fiscal year, the unexpended stale check write-off balance in excess of $100.0 shall be credited to the General Fund. If during a fiscal year, there is an insufficient amount to process reissues, a revenue refund shall be made from the General Fund to the NSF appropriation.
Section Section 1 of this Act provides an ASF appropriation of $1,904.0 to the State Treasurer, Administration (12-05-01), Cash Management Policy Board, authorized by Title 29, Chapter 27, Delaware Code, for the purpose of providing staff support and operational expenses, including payment of fees for banking services. The $1,904.0 in interest income on bank deposits shall be coded as special fund revenue to provide funds for operation of the Cash Management Policy Board.
Section Section 1 of this Act authorizes $370.0 for Expense of Issuing Bonds in the Office of the State Treasurer, Debt Management (12-05-03), for payment of expenses relating to the issuance of State long-term debt. Disbursement from the Expense of Issuing Bonds fund shall not be made without the prior approval of the State Treasurer and the Secretary of Finance.
Section Section 1 of this Act establishes a special fund appropriation entitled Electronic Data Interchange, in the Office of the State Treasurer, Administration (12-05-01) Cash Management Policy Board to support the Electronic Data Interchange/Electronic Funds Transfer initiative. Use of these funds shall be coordinated with and approved by the Executive Director of the Office of Information Services and the Secretary of Finance.
Section Notwithstanding Section 6059, Title 29, Delaware Code, the program participants shall pay for all costs, excluding personnel, associated with the administration of the Deferred Compensation Program.
LEGAL
Section Section 1 of this Act authorizes an appropriation for contractual services for the Office of Attorney General (15-01-01). Of this amount, $773.6 shall be used for the purpose of providing services covering family violence in New Castle County, and $393.6 shall be used for the purpose of providing services covering family violence in Kent and Sussex counties.
Section Section 1 of this Act provides an appropriation of $564.5 in Appropriated Special Funds and 11.0 ASF positions to the Office of the Attorney General (15-01-01) to support the Securities Division. The Attorney General is authorized to collect and use revenues from the increased fees realized by Title 29, Subsection 2512; Title 6, Chapter 73, Delaware Code (Delaware Securities Act). Balances at the end of any fiscal year in excess of $100.0 collected from these fees shall be deposited into the General Fund.
Adjustments to Appropriated Special Fund spending authority for the Office of the Attorney General (15-01-01) can be made upon the concurrence and approval of the Budget Director and the Controller General.
Section Of the total Deputy Attorneys General authorized in Section 1 of this Act to the Office of Attorney General (15-01-01):
(a) Two shall be assigned to the Family Court for service in Kent and Sussex counties. Two additional Deputy Attorneys General shall be assigned to the Family Court in Kent and Sussex counties for the purpose of prosecuting juvenile misdemeanor cases;
(b) One special fund Deputy Attorney General shall be assigned to the Family Court to be used to increase the existing staff assigned to prosecute child support cases;
(c) Two special fund Deputy Attorneys General shall be assigned to the Family Court to enhance prosecution of domestic violence cases;
(d) One shall be exclusively dedicated to Labor Law Enforcement in the Department of Labor, Division of Industrial Affairs (60-07-01). The cost of this employee and all expenses associated with his/her employment shall be included in the annual tally per Title 19, Subsection 2392 (c) (1) of the Delaware Code and the semi-annual administrative assessment per Subsection 2392 (d) of the same Title;
(e) One half (.5) shall be assigned to the Foster Care Review Board;
(f) Three shall be assigned to provide legal representation as required to the Department of Correction;
(g) Two shall be assigned to the Domestic Violence Units serving Kent and Sussex counties, two Administrative Assistants shall also be assigned to these units;
(h) One shall be devoted exclusively to the handling of Office of State Personnel and other related personnel issues and is not intended to supplant existing Deputy Attorney General assignments in this area;
(i) The Attorney General shall provide legal assistance/representation as needed for the implementation of Title 6, Chapter 46, Delaware Code (Delaware Fair Housing Act) until funds in the "Special Administration Fund" are sufficiently available;
(j) The Attorney General shall provide 1.0 ASF Deputy Attorney General assigned to the State Lottery Office to assist the State Lottery Director in the implementation of Volume 69, Chapter 446, Laws of Delaware;
(k) The Attorney General shall assign 1.0 General Fund Deputy Attorney General to provide legal services to the Delaware Economic Development Office;
(l) One Special Fund Deputy Attorney General shall be assigned to provide legal representation to the boards and commissions under the Department of Administrative Services, Division of Professional Regulation. A second split-funded (.5 GF and .5 ASF) Deputy Attorney General shall be assigned to provide additional contract review, general legal services and legal counsel as needed for the Department of Administrative Services, Division of Professional Regulation;
(m) One split-funded (.5 NSF FTE and .5 GF FTE) Deputy Attorney General and 1.0 ASF FTE Deputy Attorney General shall be assigned to the Department of Services for Children, Youth and their Families, Division of Family Services to work on termination of parental rights, pursuit of custody, adoption and provide other legal advice and appearances related to the work done by this Division;
(n) One General Fund support staff position shall be assigned to augment the Special Fund positions assigned to Family Court in Kent and Sussex counties per the Juvenile Accountability Incentive Block Grant;
(o) Four split-funded (1.0 GF and 3.0 NSF) positions, one Deputy Attorney General, two Investigators, and one Secretary, shall be assigned to the Medicaid Fraud Unit to be used for investigating incidents of abuse and neglect in Delaware nursing homes;
(p) One Special Fund Deputy Attorney General IV shall be assigned to the Department of Services for Children, Youth and Their Families, Division of Family Services to work on termination of parental rights, pursuit of custody, adoption and provide other legal advice and appearances related to the work done by this division. Such work shall specifically include thoroughly preparing termination and temporary custody cases, in concert with division investigators and their supervisors, sufficiently before trial so as to ensure these cases are presented properly and effectively;
(q) One Special Fund Deputy Attorney General shall be assigned to the Drug Unit to handle forfeiture cases statewide. Said Deputy Attorney General position shall be funded from assets and/or proceeds from the disposition of seized property resulting from forfeitures;
(r) One Special Fund Deputy Attorney General and two Special Fund support staff shall be assigned to handle personal injury litigation involving state-owned vehicles; and
(s) One split-funded (0.5 ASF FTE and 0.5 GF FTE) Deputy Attorney General shall be assigned to the Department of Agriculture. Fifty percent of this position shall be assigned to work on issues related to nutrient management and shall be funded by General Funds; 50 percent of this position shall be assigned to work on issues related to the Thoroughbred Racing Commission and Harness Racing Commission, and shall be funded by Appropriated Special Funds.
(t) One Deputy Attorney General shall be assigned to the Delaware State Police.
(u) Section 1 of this Act appropriates two special fund positions (one Deputy Attorney General IV and one Paralegal) relating to the tobacco settlement; in an effort to supplement and enhance the on-going aggressive enforcement efforts by the Attorney General’s Office of Delaware’s Tobacco laws pertaining to youth access and to enforce the Master Settlement Agreement in an effort to prevent the loss of settlement dollars.
(v) The Attorney General shall submit a semi-annual report to the Budget Director and Controller General that details the number of Deputy Attorney General FTEs, the source of their funding and the divisions to which they are assigned. These reports are due on November 30 and May 15.
Section Section 1 of this Act makes an appropriation of $15.0 to the Office of the Attorney General (15-01-01) in Appropriated Special Funds to establish an Attorney General Opinion Fund. The Office of the Attorney General is authorized to publish and sell the opinions of the Attorney General; to deposit the proceeds of any sales in a special fund to be designated "Attorney General Opinion Fund"; and to expend all monies deposited in such fund for any expense connected with the publishing or sale of opinions of the Attorney General. Copies of the published opinions will be distributed at no cost to the General Assembly, the Governor and state agencies. If at the end of the fiscal year, the amount deposited in this fund exceeds $15.0, the amount exceeding $15.0 shall be deposited into the General Fund.
Section Section 1 of this Act makes an appropriation of $852.3 Appropriated Special Funds, $400.0 General Funds and 22.0 positions, split-funded 66 percent Appropriated Special Funds and 34 percent General Funds to the Office of the Attorney General to support the Child Support Enforcement function. The Child Support Enforcement function in the Attorney General's Office will operate on a reimbursement basis, wherein the State makes the initial expenditures and is reimbursed from federal funds controlled by the Department of Health and Social Services. The reimbursement rate for operations will be 66 percent of total direct costs; the reimbursement rate for indirect costs will be 25 percent of federal dollars spent on direct salary costs.
Notwithstanding the provisions of Title 29, Chapter 64, Subsection 6404 (h)(1)(2)(3), of the Delaware Code, the Attorney General's Office shall be allowed to retain the federal reimbursement of direct costs in an Appropriated Special Funds account to pay the Appropriated Special Funds share of operating expenses associated with the Child Support function.
The Attorney General's Office shall also be allowed to retain up to a maximum of $30.0 of the departmental portion of indirect cost recoveries for this function to support the agency's overhead and $16.3 to be applied to the state's share for four clerical positions. The statewide portion of indirect cost recoveries will be deposited to the indirect cost account in the Budget Office. The remainder of the indirect cost recoveries and any unused portion of indirect cost funds in the Attorney General's Office will be deposited into a separate account in the Office of the Treasurer, to be established by the Budget Office, and retained to be used to support the General Fund portion of the budget for this function in subsequent years.
Adjustments to Appropriated Special Fund spending authority for the Office of the Attorney General (15-01-01) can be made upon the concurrence and approval of the Budget Director and the Controller General.
Section Notwithstanding any other laws to the contrary, including, but not limited to, Part VI of Title 29, Delaware Code, the Attorney General is authorized to enter into a contract for the production, distribution and marketing of the video entitled “Crossing the Line” on such terms and conditions as the Attorney General deems appropriate. All revenues received by the Attorney General from such contract shall be deposited in a Non-Appropriated Special Fund. Revenues received and deposited into such NSF account shall be used for the purpose of reproducing, marketing, and distributing copies of this film.
Section Section 1 of this Act appropriates $35.0 in personnel costs and 1.0 General Fund position to the Office of the Attorney General (15-01-01) for a Social Worker position, currently funded by an expiring federal grant, that assists elderly and juvenile victims of crime. Upon the expiration of the grant, the existing 1.0 Non-appropriated Special Fund position will be converted into a General Fund position.
Section Section 1 of this Act appropriates funding in personnel costs to the Office of the Attorney General (15-01-01) to be used to pay for the salary matrix in the Department of Justice as approved by the Joint Finance Committee, notwithstanding Chapters 5.000 and 6.000 of the Merit Rules. This salary matrix is intended to maintain the salaries of Deputy Attorneys General at competitive rates. Deputy Attorneys General who were eligible for a salary increase greater than 15 percent in Fiscal Year 2000 shall be provided with the additional increase during Fiscal Year 2001. A committee consisting of the Attorney General, the State Personnel Director, the Budget Director and the Controller General will bi-annually review the Department of Justice Salary Plan.
Section Section 1 of this Act appropriates $276.4 in personnel costs and 6.0 FTEs to the Public Defender (15-02-01) positions dedicated to the Videophone Project, currently funded by an expiring federal grant. Upon the expiration of the grant, the existing 6.0 NSF FTEs positions will be converted into General Fund positions.
Section Section 1 of this Act appropriates $271.5 in the Office of the Budget Contingency and One-Time Items. These funds shall be used to implement a salary matrix in the Public Defender’s Office as approved by the Joint Finance Committee, notwithstanding Chapters 5.000 and 6.000 of the Merit Rules.
The salary matrix and promotional criteria shall be distributed to all eligible Public Defenders on July 3, 2000. Public Defenders shall receive an increase to the new entry-level salary of the matrix or the salary increase provided for in Section 8(d)(1) of this Act, whichever is greater, effective July 1, 2000.
A review committee shall be made up of 2 representatives from the Public Defender’s Office and 3 representatives from the State Personnel Office. This committee shall determine the initial employee distribution throughout the salary matrix based on documentation provided by the employee. In the event that an employee does not agree with their initial placement, the employee may appeal via an interview and final determination shall be made by the review committee. This decision shall not be subject to further appeal.
Public Defenders shall be considered for promotional increases, effective October 1, 2000, based on the approved salary matrix. Salary increases shall not exceed 15 percent of an employee’s salary as of June 30, 2000. In the event that an employee is eligible for an increase greater than 15 percent, the difference shall be provided in the subsequent fiscal year. Additional increases due to promotional raises shall be provided in the subsequent fiscal year. The State Personnel Director and the Public Defender shall provide a written assessment of the program to the Budget Director and the Controller General by February 1, 2001. Thereafter, a committee consisting of the Public Defender, the State Personnel Director, the Budget Director and the Controller General will periodically review the Public Defender salary plan.
STATE
Section Section 1 of this Act appropriates $330.1 ASF and 1.0 ASF Information Resources Specialist to Office of the Secretary, Administration (20-01-01). This position and funds shall be dedicated to public information access programs in conjunction with the Government Information Center. This position shall serve as a resource for state and local governments in facilitating access to public information through the effective utilization and coordination of information technology media. The activities of this position may include, but are not limited to web page design and the development of best practices in information dissemination. The Department shall report to the Budget Director and Controller General by April 1, 2001, as to the activities and accomplishments of this effort.
Section Section 1 of this Act provides an appropriation to Office of the Budget, Contingency and One-time Items (10-02-04). Of that amount, $10.0 shall be used for the Medal of Honor Grove at Valley Forge. These funds shall be used for repairs and improvements for the Memorial honoring Delaware Medal of Honor recipients. The Secretary of State shall oversee this project with State dollars not being expended until matching funds are available from private and other sources.
Section Section 1 of this Act appropriates $25.0 in the line item “Historical Marker Maintenance” to the Department of State, Division of Delaware Public Archives (20-03-01). Of this amount, $10.0 shall be used for replacement, $10.0 used for repair and refurbishing and $5.0 for contractual assistance.
Section Section 1 of this Act provides an appropriation to Office of the budget, Contingency and One-time Items (10-02-04). Of this amount, $7.5 shall be used for Revolutionary War Markers for Delaware troops. This will fund approximately 8 markers.
Section Section 1 of this Act provides an appropriation to the Department of State, Office of the Secretary, Delaware Commission on Veteran's Affairs (20-01-02) for contractual services. Of that amount, $49.9 shall be used to provide mental health services for veterans in Kent and Sussex counties.
Section Section 1 of this Act establishes a special fund appropriation entitled Technology Infrastructure Fund, in the Division of Corporations (20-05-01). All revenues derived as a result of 69 Laws of Delaware, Chapter 52, will be deposited into this fund to be used for technological and infrastructure enhancements, ongoing maintenance, operational expenses for the Division of Corporations, and for electronic commerce initiatives. Quarterly reports regarding the status of this fund shall be made by the Department of State to the Budget Director and the Controller General.
Section Amend Section 2311, Title 29, Delaware Code by striking subsection (e) in its entirety and substituting in lieu thereof the following:
(e) “The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2000 shall be $1,300,000.00 and any amount in excess thereof shall be transferred to the General Fund of the State. The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2001 and any subsequent fiscal year thereafter shall be $1,000,000.00 and any amount in excess thereof shall be transferred to the General Fund of the State.”
Section Section 1 of this Act provides an appropriation to the Department of State, Division of Historical and Cultural Affairs, Office of Administration (20-06-01) for "Delaware Heritage Commission". Of that amount, $15.0 shall be used at the discretion of the Delaware Heritage Commission for scholar awards, challenge grants and publications.
Section Pursuant to Title 29, Delaware Code, Section 5903(4), the position of Director of the Delaware Heritage Commission (20-06-01) shall be exempt from the Merit System.
Section The Delaware Heritage Commission shall investigate which out of print books and writings on Delaware history should be considered for republication. Further, the Delaware Heritage Commission shall investigate what writings in these categories would be valuable for republication. A report shall be made to the Controller General and Budget Director by December 1, 2000.
Section Section 1 of this Act provides a special fund appropriation to the Department of State, Division of Historical & Cultural Affairs for conference center operations. The department is hereby authorized to retain revenue received from land and building rentals at Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickinson Plantation and the Meeting House Galleries to support these operations.
Section Notwithstanding the provisions of Title 29, Delaware Code, Section 6102 (a), and Title 5, Delaware Code, Section 1106, the Office of the State Bank Commissioner is authorized to retain $100.0 of the Bank Franchise Tax for costs associated with the collection and administration of the Bank Franchise Tax.
Section Section 1 of this Act makes an appropriation to the Division of Libraries in the amount of $2,121.6 for Library Standards. Of that amount, the Division of Libraries may reserve up to $212.1 for planning and evaluation grants to determine each library’s attainment of state and federal library standards. The remaining funds shall be paid to libraries in two installments equal to 50 percent of the total amount allocated to that library, one installment upon signature of the contract and the second installment in January of the fiscal year. Funds granted to any library under the provisions of Title 29, Chapter 66, Delaware Code, if unspent at the end of the fiscal year shall not revert to the General Fund, but instead shall be held in an account for the benefit of the library from which the unspent funds came. These funds may be spent in subsequent years for purposes described in Title 29, Chapter 66, Delaware Code. The use of such carryover funds shall not be used as part of any subsequent years' formula payment.
FINANCE
Section The Department of Finance, Office of the Secretary, is authorized during Fiscal Year 2001 to maintain special funds with the State Treasurer for the acquisition of technology and payment of other costs incidental to the implementation and maintenance of computer systems at the Department of Finance. Deposits to the special funds shall be from the collection of delinquent taxes and shall not exceed $2,400.0. Of this amount, $700.0 shall be used for the purpose of maintaining the Division of Revenue’s mainframe computer system and the programs that reside thereon, the provisions of Subchapter IV or Chapter 63 of Title 29, Section 6301 et seq. of the Delaware Code notwithstanding. Of the said $700.0, $130.0 shall be used to contract for system maintenance with the Office of Information Services.
Section The Division of Revenue is authorized to establish and maintain a special fund with the State Treasurer for the purposes of contracting for the collection of delinquent State taxes and other debts that the Division of Revenue has undertaken to collect. The contracts may provide for either or both: (a) collection or assistance in collection of delinquent accounts from businesses or persons; (b) audit of business taxables under the direct supervision of the Division of Revenue management; or (c) audit of physical inventory of alcoholic beverage wholesalers. Deposits to the special fund shall be from the collection of delinquent taxes under such contracts. A detailed report on all expenditures from and collections to this special fund shall be sent annually to the Budget Director and the Controller General. Unencumbered balances on June 30 in excess of $150.0 shall revert to the General Fund.
Section The Director of the Division of Revenue shall have the authority to accept, on whatever terms and conditions he/she may establish, payment by credit card of taxes, fees and other obligations which the Division of Revenue has undertaken to collect. The Director is authorized to enter into contracts for the processing of credit card payments and fees associated with such contracts. Up to $80.0 of the delinquent collections in the Appropriated Special Fund line may be used to pay for fees and expenses associated with the collection of taxes by credit cards.
Section The Director of the Division of Revenue shall have the authority to enter into agreements according to which contingency and other fees are provided to finders of property to be escheated to the State or to other persons identifying abandoned property by means of audit or otherwise. When the Director deems it to be appropriate, he/she may enter into escrow, custodian, or similar agreements for the purpose of protecting the state's interest in property to be escheated or fees payable pursuant to the aforesaid agreements. The Director may direct that payment for said fees or other costs incident to escheat of property under the aforesaid agreements, including litigation expenses incident to escheat administration be made out of such money held in the escrow, custodian or other account established under this paragraph. No account shall be used to pay for employees of the Division of Revenue. Section 1 of this Act establishes an Appropriated Special Fund account "Escheat" from which charges relating to receiving and processing remittances and reports by holders, and claims by owners of abandoned property, as well as advertising and travel fees and associated costs may be paid and into which abandoned property remittances may, at the discretion of the Director, be deposited. Unencumbered balances on June 30, in excess of $75.0, shall revert to the General Fund. A semi-annual report of amounts in escrow or custodian accounts shall be furnished to the Budget Director and the Controller General.
Section The Division of Revenue is authorized to require payment of fees for issuance of certificates or other documents reflecting the status of taxes, if any, owed by the taxpayer requesting such certificate. In addition, the division is authorized to specify payment of fees for collection of debts owed to claimant agencies. Payment of these fees shall be deemed to reduce the contractual services expenditures of the division and shall be recorded as expenditure-reducing items.
Section Pursuant to Section 4815 (b) (2), Title 29 of the Delaware Code, funds from the State Lottery Fund shall be released to an appropriately established account within the Division of Alcoholism, Drug Abuse and Mental Health on or before the fifteenth day of each month, the amount of which shall be determined based on the results of video lottery operations conducted during the immediately preceding month.
Section (a) In the event that the State Lottery’s amount of contractual services shall exceed the amount in Section 1 of this Act due to increased lottery ticket sales, the Appropriated Special Fund Budget in Section 1 of this Act may be amended by the Secretary of Finance, the Controller General and the Budget Director; provided that the total operating budget for this fiscal year shall not exceed 20 percent of gross sales as limited by Title 29, Section 4815(a) of the Delaware Code.
(b) In the event the State Lottery’s amount of contractual services shall exceed the amount in Section 1 of this Act due to increased video lottery net proceeds, the Appropriated Special Funds Budget in Section 1 of this Act may be amended by the Secretary of Finance, the Controller General and the Budget Director, as limited by Title 29, Section 4815(b) of the Delaware Code.
ADMINISTRATIVE SERVICES
Section During Fiscal Year 2001, notwithstanding the provisions of Section 5915, Title 29 of the Delaware Code, the Merit Employee Relations Board shall hear all maintenance review classification appeals before it in chronological order, beginning with the oldest such appeal unless all parties are in agreement with other such arrangements.
Section Section 1 of this Act appropriates contractual services to Office of Disability Affairs (30-01-20). Of this amount, $20.0 shall be used to offset reductions in the Partners in Policymaking Program.
Section Upon receipt of information from the DMA (Delaware Manicurist Alliance), the Board of Barbering and Cosmetology shall publish a newsletter periodically to its members containing pertinent materials relative to nail technology.
Section All acquisition of copiers in state buildings which are managed by the Division of Facilities Management (30-05-00), Department of Administrative Services (30-00-00), must have the approval of the Secretary of Administrative Services.
Section Notwithstanding the provisions of Title 29, Subsection 8806(e) of the Delaware Code, funds generated by Delaware Surplus Services and deemed to be surplus by the Secretary of Administrative Services, shall be transferred to the Division of Facilities Management (30-05-10) by the Budget Office for the maintenance and restoration of state buildings and grounds maintained by the Department of Administrative Services.
Section During Fiscal Year 2001, the Department of Administrative Services, Division of Facilities Management (30-05-10), shall retain the rental fees as Appropriated Special Funds for the buildings known as the Daniel L. Herrmann Courthouse and the Sussex County Courthouse. The retained portion must be deposited as per state laws and shall be disbursed per Section 1 of this Act.
Section For energy backcharge purposes, the Department of Administrative Services (host department) Fiscal Year 2001 Energy Budget assumes that Motor Fuel Tax uses ten percent of the new Public Safety Building, for which energy payment is the responsibility of the host department. The Department of Transportation is responsible for paying the Motor Fuel Tax portion of the energy bills upon request for payment by the host department.
Section (a) Section 1 of this Act appropriates $10,820.8 and $1,900.0 ASF to the Department of Administrative Services, Facilities Management (30-05-10). These funds shall be expended for minor capital improvements and equipment on behalf of the following state agencies and shall not be subject to reversion or deauthorization until June 30, 2003:
Agency General Fund Special Fund
Judicial $ 250.0
Department of State 522.3
Department of Administrative Services 4,147.0
Department of Administrative Services (Asbestos/UST) 709.0
Department of Health and Social Services 2,427.0
DHSS – Long Term Care Facilities/Tobacco Settlement Funds $1,900.0
Department of Services for Children, Youth and Their Families 382.0
Department of Correction 2,000.0
Department of Public Safety 139.8
Delaware National Guard 243.3
(b) The Secretary of the Department of Administrative Services shall work in concert with the State Court Administrator in the Administrative Office of the Courts, Office of the State Court Administrator to prioritize projects and ensure completion of necessary renovations and equipment acquisitions within the court system.
Section Notwithstanding the provisions of Section 5117, Title 29, Delaware Code, state agencies may pay for employee parking in the Government Center Parking Garage as long as such payments are continuances of payments made prior to May 31, 1998. Such payments shall cease when the employee leaves the positions he or she occupied prior to May 31, 1998.
Section Personnel in the Department of Administrative Services, Division of Facilities Management who respond to weather related emergencies, and are not covered under FLSA, shall be entitled to receive compensation at their straight time rate of pay for all overtime services performed beyond the normal work week. The method of compensation is subject to the availability of funds and/or the operational needs of the Department of Administrative Services, Division of Facilities Management.
Section Section 1 of this Act appropriates $800.0 to the Department of Administrative Services, Facilities Management (30-05-10). These funds for state agency underground storage tanks shall not be subject to reversion until June 30, 2003.
Section Section 1 of this Act provides an appropriation of $3,486.0 in contractual services and $502.6 in supplies and materials to the Division of Facilities Management (30-05-00). Of these amounts, $92.2 and $10.2, respectively, are for the operation and maintenance of the Kent County Courthouse. The purchase of the Kent County Courthouse is planned for Fiscal Year 2001. Should such purchase not occur, the Budget Director and the Controller General are authorized to transfer said funds to the Office of the Budget, Contingencies and One-Time Items (10-02-04) for Salary Contingency.
Section Effective January 2, 2001, all office and reception space on the eleventh floor of the Carvel State Office Building shall be allocated between the Judiciary and the General Assembly as follows:
The Judiciary may occupy the same square footage and space occupied by the Judiciary as of July 1, 2000. The remaining space on the eleventh floor shall be allocated to the Delaware General Assembly divided equally between the House and the Senate.
The Department of Administrative Services shall provide necessary assistance in relocating those other agencies currently occupying space on the eleventh floor.
HEALTH AND SOCIAL SERVICES
Section Section 1 of this Act includes a NSF appropriation within the Division of Social Services (35-07-00) of $32,291.0. It is anticipated that this sum shall be spent as follows: Cash Assistance, $20,000.0; Emergency Assistance, $595.0; Employment and Training, $5,296.0; Administrative and Other Costs, $6,400.0.
Section Results of investigations conducted by the Audit and Recovery Management Services concerning any and all public welfare programs administered by the Department of Health and Social Services that indicate possible error or fraud shall be transmitted to the Office of the Attorney General directly by the Secretary of the Department of Health and Social Services without approval by any other authority. The Office of the Attorney General shall prosecute those cases deemed actionable and return the rest to the Department of Health and Social Services for collection of overpayment. The Secretary of the Department of Health and Social Services shall file a quarterly report directly with the Budget Director, the Controller General, the Director of Research of Legislative Council, members of the Joint Finance Committee, and the Chairmen of the House and Senate Committees on Health and Social Services by the last day of the next month after the end of a quarter, which report shall not be subject to prior review by any other authority.
Section Notwithstanding any other provisions of the Delaware Code, the merit position Nursing Home Director I, Governor Bacon Health Center (B.P. #4554) shall become exempt at such time as the current incumbent vacates such position:
When this position becomes vacant, the State Personnel Director shall take the appropriate steps to carry out the provisions of this section.
Section (a) The amount appropriated by Section 1 of this Act to the Department of Health and Social Services for Title XIX Federal Programs (Medicaid) - Other Than State Institutions shall be expended solely in accordance with the following conditions and limitations:
(i) This appropriation shall be used for the purpose of continuing the program of medical assistance provided within the state plan under Title XIX of the Social Security Act and the requirement of Section 121(a) of P.L. 89-97 and all subsequent amendments enacted by the Congress of the United States and commonly known as Title XIX of the Social Security Act;
(ii) The state plan of medical care to be carried out by the Department of Health and Social Services shall meet the requirement for Federal Financial Participation under the aforementioned Title XIX, and the sums expended by the Department pursuant to this Act shall be limited to:
(1) Services mandated by the Health Care Financing Administration (HCFA), including:
a) Acute care inpatient general hospital services (other than services in institutions for tuberculosis or mental diseases)
b) Outpatient hospital services
c) Rural health clinic services and federally-qualified health center services
d) Laboratory and X-ray services
e) Nursing facility (NF) services
f) Early and periodic screening, diagnosis and treatment (including routine eye care, dental services and other medically necessary services that are not covered for the general population) for individuals under age 21 only known as EPSDT
g) Family planning services (including voluntary sterilization)
h) Physician services
i) Home health services including assistive technology such as durable medical equipment and supplies, prosthetics and orthotics, PT, OT and speech and hearing services
j) Nurse-midwife services
k) Services furnished by a certified nurse practitioner
l) Transportation
m) Medicare premiums and/or coinsurance and deductible amounts as mandated for dual Medicare/Medicaid eligibles, Qualified Medicare Beneficiaries, Specified Low Income Beneficiaries, and individuals qualified under Section 4732 of the Balanced Budget Act of 1997
n) Additional services mandated by HCFA through future revisions to the Social Security Act
(2) Optional services, including:
a) Podiatry services
b) Clinic services, including mental health clinics, ambulatory surgical centers (ASCs) or free-standing surgical centers (FSSCs) and rehabilitation facilities.
c) Pharmaceutical products
d) Services for individuals age 65 or older in institution for mental diseases (ICF/IMDs)
e) Institutional services for the mentally retarded (ICF/MRs)
f) Emergency hospital sites not approved by Medicare (for clients traveling out-of-state)
g) Private duty nursing
h) Non-traditional services provided under a federally approved waiver for maintaining individuals in the community as an alternative to institutionalization
i) Hospice services
j) Rehabilitation and specialty hospital services
k) Other medically necessary services that are funded by the State
(3) To the following groups/individuals who are determined eligible under the Title XIX Program:
a) Pregnant women, and infants under the age of one, with family income up to 200 percent of the poverty limit;
b) Children up to age 6 (through age 5) with family income up to 133 percent of the poverty limit;
c) Children up to age 19 (through age 18) with family income up to 100 percent of the poverty level;
d) Pregnant teens;
e) Children whose families, sponsors or foster parents receive benefits under Title IV-E and IV-D of the Social Security Act and/or who meet Medicaid income and resource requirements;
f) Foster children and children in private facilities (under age 21) for whom a public agency is assuming full or partial financial responsibility;
g) Children (under age 21) for whom any Division within the Department of Services for Children, Youth and Their Families has custody or consent to place, who have been removed from their own home, and who are in a medical facility for a temporary planning period prior to placement;
h) Children under age 18 who receive General Assistance (GA);
i) Federal or State-funded adoption assistance children;
j) Infants placed with private agencies for adoption;
k) Children age 18 or under who require an institutional level of care, who qualify as blind or disabled, and who have personal income and resource below the limit for Supplemental Security Income (SSI), but who can be cared for safely and cost-effectively at home, may be covered;
l) Families who would have qualified for the following groups which have been replaced with Temporary Assistance for Needy Families (TANF) program effective March 10, 1997;
m) Cash assistance recipients;
n) Cash assistance applicants with a budgeted need of less than $10;
o) Work Transition/Prospective - including:
1. Families who lose eligibility for cash assistance due to new or increased earnings remained eligible for Medicaid for up to 24 additional months, or
2. Families who lose eligibility for cash assistance due to new or increased income from child support remain eligible for Medicaid for four additional months.
p) Income Deeming Eligibles - When income deemed from a step-parent, grandparent, sibling or the sponsor of an alien makes an individual ineligible for cash benefits, Medicaid determines eligibility excluding that deemed income;
q) Individuals who are categorically related to the Supplemental Security Income (SSI) program, including:
1) SSI Beneficiaries,
2) Recipients of Mandatory State Supplement Payments,
3) Recipients of Optional State Supplement Payments,
4) Deemed SSI Clients due to:
• Loss of SSI due to an increase in Social Security benefits,
• Disabled individual's loss of SSI due to employment,
• Disabled Widows and Widowers, or
• Adult Disabled Children.
r) Qualified Medicare Beneficiaries (QMBs);
s) Qualified Working Individuals (QDWIs);
t) Specified Low Income Medicare Beneficiaries (SLIMBs);
u) Institutionalized Individuals with incomes at or below a percentage of the SSI standard as specified by the legislature (250 percent in 1997);
v) Waivered individuals for home and community-based services as an alternative to institutionalization at the same percentage of SSI specified in subsection u above, including
1) Mentally Retarded,
2) AIDS/HIV, or
3) Elderly and Disabled.
w) Adults with incomes less than or equal to 100 percent of the Federal Poverty Level if enrolled in a managed care organization.
(b) The amount appropriated by Section 1 of this Act to the Department of Health and Social Services for Title XIX - State Institutions shall be expended solely in accordance with the following conditions and limitations:
(i) Such appropriation shall be expended for the purpose of providing medical services to patients eligible under the Federal Title XIX Medicaid Program residing in various facilities of, or under the jurisdiction of, the Department of Health and Social Services;
(c) Funds appropriated by Section 1 of this Act for Title XIX OTSI or State Institutions may be expended by the Department of Health and Social Services for administrative costs involved in carrying out the purpose of this Section if approved by the Budget Director.
The funds hereby appropriated for Title XIX OTSI or State Institutions shall be expended only on condition that the program is approved and federal matching funds are provided by the appropriate federal agency.
Section The Division of Public Health (35-05-00) currently operates the following programs for which a fee for service is charged to cover the cost of the program:
Child Health
Vanity Birth Certificate
Public Water
Medicaid Enhancements
Infant Mortality
Medicaid Aids Waiver
Children with Special Needs
Family Planning
Newborn
Indirect Costs
Vaccines
Food Inspection
Medicaid Contractors/Lab Testing and Analysis
Tuberculosis (TB)
Sexually Transmitted Diseases (STD)
Child Development Watch
Preschool Diagnostic and Development Nursery (PDDN)
Home Visits
Food Permit
Water Operator Certification
Long Term Care Prospective Payment
Long Term Care IV Therapy
Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and expend fees from the aforementioned accounts, except as noted below. Corresponding Appropriated Special Fund spending authority has been provided in Section 1 of this Act.
The Children with Special Needs and Child Health programs shall continue to deposit 30 percent of program collections to the General Fund.
Section The sum of $170.0 is hereby advanced from the General Fund of the State to the Management Services IPU (35-01-20), in order that the Public Welfare Revolving Fund emergency checks can be paid on a timely basis and without interruption.
Section Section 1 of this Act includes an appropriation to the Department of Health and Social Services, Division of Public Health, Director's Office/Support Services (35-05-10) for contractual services. Of that amount, $446.4 shall be used for the purpose of providing school nursing services five days a week to non-public schools in New Castle County and Kent County.
The Secretary of the Department of Health and Social Services will ensure that the contracts with the various schools in this program are executed no later than August 15 of each year. The Secretary will also ensure that timely payments are made to all contractors.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Public Health, Community Health (35-05-20), in the line item, "Office of Narcotics and Dangerous Drugs", in the amount of $40.0. This amount shall be used at the discretion of the Drug Control Administrator and shall not be utilized for normal operating budget items attributed to the Office of Narcotics and Dangerous Drugs.
Section Section 1 of this Act includes an appropriation for the Department of Health & Social Services, Division of Public Health, Community Health (35-05-20). Of that amount, $22.0 shall be used to fund 1.0 GF position for a Senior Secretary for the Radiation Authority.
Further, Section 1 of the Act includes an appropriated special fund appropriation (ASF) to this IPU (35-05-20) for “Indirect Costs”. Of that amount, $100.0 ASF shall be used to publish and distribute Rules and Regulations of the Radiation Authority.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20), for contractual services. Of that amount, $84.0 shall be available for medicine, equipment and part-time nursing services for a community-based adult health services clinic serving the Claymont area of New Castle County.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) for contractual services. Of that amount, $65.0 shall be used to contract for mammography screening. These services shall be provided by the mobile mammography van. In addition to the above General Funds, $19.0 shall be made available from the Preventive Health and Health Services Block Grant or other federal funds.
Section Section 1 of this Act provides an appropriation of $120.0 to the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) to provide vaccinations to individuals who are members of volunteer ambulance companies or volunteer fire companies acting as “first responders” in the State of Delaware. The Division of Public Health shall purchase vaccine and administer or contract vaccine at local fire stations or other sites mutually agreed upon by the fire companies and the Division of Public Health. No such vaccinations shall be furnished until after certification by the volunteer fire or ambulance company on a form provided by the Division of Public Health, indicating that the person for whom the vaccination is desired, is a member in good standing of a volunteer ambulance or volunteer fire company in the State of Delaware. A record of the names and addresses of all persons immunized shall be maintained by the Division of Public Health. To insure the success of this program, the Division of Public Health and representatives of the Delaware Volunteer Firemen’s Association shall work collaboratively in the best interests of all parties. The Division of Public Health may promulgate reasonable rules and regulations regarding the vaccination of volunteer firemen and individuals who volunteer for ambulance companies. If resources allow, after the needs of the volunteer community have been met, similar assistance may be offered to other fire and ambulance companies such as the Wilmington City fire company. Such funds, as are necessary from this fund, may also be spent to provide any required post vaccination antibody testing in order to assure adequate protection has been achieved.
Section Section 1 of this Act provides an appropriation for the Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) to provide hepatitis B and other necessary childhood vaccinations for children between infancy and young adulthood who are uninsured, are not eligible for any Federal program providing the vaccination, and are otherwise medically indigent.
Section The State desires to establish a permanent funding program for rodent control activities at the local level by providing the City of Wilmington $15.0; New Castle County $15.0; Kent County $10.0; and Sussex County $10.0. The Department of Health and Social Services, Division of Public Health, Community Health (35-05-20) shall dispense these funds to local governments in lump sum payments to be made no later than September 1, 2001; establish program objectives and spending guidelines; require regular expenditure reporting to the State; and allow unexpended funds to carry over at the local level into the next fiscal year.
Section Section 1 of this Act provides an appropriation to the Department of Health & Social Services, Division of Public Health, Community Health, Office of Narcotics and Dangerous Drugs (35-05-20) for personnel costs. Of that amount, $30.8 and 1.0 GF position is to fund an additional Drug Control Enforcement Officer over the FY 2000 complement.
Section Section 1 of this Act provides an appropriation to the Department of Health & Social Services, Division of Public Health, Community Health (35-05-20) for “School Based Health Centers”. Of that amount, $131.0 shall be used as inflation and $150.0 as a volume adjustment for existing centers as of June 30, 2000.
Section The Department of Health and Social Services, Alcoholism, Drug Abuse and Mental Health (35-06-00) will be able to bill for additional Medicaid Revenue due to a waiver of the Institution for Mental Diseases exclusion, as part of the Medicaid Managed Care waiver. This additional revenue shall be deposited to the General Fund, and the division shall make every effort to ensure that these bills are submitted to the appropriate entities in an expeditious manner.
Section Section 1 of this Act provides General Funds in the amount of $2,800.0 in the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health. This amount is supported by disproportionate share revenues of $2,000.0 that are projected to be collected from the federal government during Fiscal Year 2001. The department shall deposit disproportionate share revenues to the General Fund and shall continue to maintain its efforts to ensure that the State receives its allotted disproportionate share payments from the federal government. The department shall report quarterly to the Budget Director and the Controller General on disproportionate share revenue received.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health, Inpatient Mental Health (35-06-30), for contractual services. Of that amount, $41.2 shall be made available for a Nurse Intern Program to enable graduate nurses to take graduate courses to increase their skills in specialty areas.
It is understood that participants in this program will provide clinical services with compensation to Delaware Psychiatric Center during the duration of their graduate level education. It is further understood that these individuals shall remain in the employ of Delaware Psychiatric Center for a minimum of one year after graduation or reimburse the State for any and all tuition received.
Section Section 1 of this Act provides funds for a Dietitian position in the Inpatient Mental Health (35-06-30). The purpose of this position is to allow the IPU to provide services by a registered Dietitian as required for certification. This position shall also provide dietitian services to the Terry Children's Psychiatric Center. The charges associated with food contracts between Inpatient Mental Health (35-06-30) and the Terry Children's Psychiatric Center for Fiscal Year 2000 shall be finalized by October 1, 2000.
Section Inpatient Mental Health maintains appropriation account 35-06-30-98-37 to receive reimbursement for providing a work study program for local nursing schools and for assigning residents to work in non-psychiatric services at area hospitals on a rotating basis, respectively. Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and expend the proceeds from the aforementioned accounts.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Alcoholism, Drug Abuse and Mental Health, Alcoholism and Drug Abuse (35-06-40) in contractual services. In addition to this General Fund appropriation, the Director of the Division of Alcoholism, Drug Abuse and Mental Health, shall ensure that the amount of $60.0 be expended from available federal funds to contract for employment, alcohol, and drug counseling and referral services for youth and adults to encourage an alcohol and drug-free environment in South Wilmington; and that the amount of $35.0 be expended from available federal funds to contract for employment, alcohol, and drug counseling and referral services for youth and adults to encourage an alcohol and drug-free environment in the Claymont community.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health, Alcoholism and Drug Abuse (35-06-40) for personnel costs. Included in this appropriation is 1.0 FTE exempt position #1389. When this position becomes vacant, it shall be reclassified to a comparable Merit System Classification.
Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Social Services (35-07-00), for Title XIX Federal Programs (Medicaid). Notwithstanding any provisions of the Delaware Code to the contrary, the Division shall deposit any drug rebate funds into the Social Service's Medicaid grant line.
Section (a) Section 1 of this Act appropriates $1,875.9 in Social Services (35-07-00) under Early Intervention for the Part C Birth to Three Program. The Interagency Resource Management Committee (IRMC) shall consult and advise the lead agency in setting program eligibility standards and shall have the authority to allocate such funds, and may advise on the use of other funds specifically designated for this project. The IRMC shall also have the authority to maintain up to 35.5 positions and establish or contract for an additional 4.0 positions needed to provide appropriate services for Children Birth to Three, selected through the early intervention process and to ensure coordination with the Program for Children with Disabilities. In addition, the IRMC may recommend the transfer of General Fund positions and/or General Fund dollars from the Department of Health and Social Services as necessary to operate this program. The lead agency shall report to the Budget Director and the Controller General on additional revenues that will be generated from Medicaid matching funds for reimbursable appropriate services that will be deposited into the General Fund in Fiscal Year 2001.
(b) As required by Regulation §303.521 under IDEA, there will be no charge to the parents for the following: “(1) implementing the Child Find requirements in §303.321; (2) evaluation and assessment, as included in §303.322, and including the functions related to evaluation and assessment in §303.12; (3) service coordination as included in §303.22 and §303.344(g) and (4) administrative and coordinative activities related to the development, review and evaluation of IFSPs in §303.340 through §303.346; and to the implementation of the procedural safeguards in Subpart E and the other components of the statewide system of early intervention services in Subparts D and F.”
(c) The Secretary of the Department of Health and Social Services shall ensure that under the Part C Birth to Three Program, no child will be denied services because of his/her parent's inability to pay. The following will be adhered to by the Department of Health and Social Services in developing Part C/vendor agreements: 1) vendors will agree to bill Third Party Insurance including Medicaid and clients; 2) client fees will be based on the DHSS scale developed by the Ability to Pay Committee and found in the department's policy Memorandum 37; and 3) those agencies who have sliding payment scales currently will be permitted to continue using them as long as those scales do not require a greater financial burden than that of the Department of Health and Social Services scale.
(d) Management Services shall submit a monthly report to the Budget Director and the Controller General outlining the number of children screened and assessed by the program, the number of children receiving services, and the number of children transitioned out of the program.
Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, Social Services (35-07-01), for Title XIX Federal Programs (Medicaid). Notwithstanding the provisions of the Delaware Code to the contrary, the Division shall be permitted to use Medicaid (XIX-OTSI) funds when necessary to reimburse the federal government for its portion of overpayments not collected within sixty (60) days of identification. When such overpayments are collected, the funds collected shall be deposited back into the Medicaid XIX-OTSI account.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Social Services (35-07-01) for "Renal Disease."
The Division of Public Health will provide the following support for the Chronic Renal Disease Program: 1) provide staff support for the Chronic Renal Disease Advisory Committee, including the maintenance of the committee membership and appointment system; 2) assist in developing programs and other public health initiatives designed to prevent chronic renal disease; and, 3) carry out educational programs for health professionals and the public to increase general knowledge of the prevention and treatment of chronic renal disease.
The Division of Social Services will provide the following support for the Chronic Renal Disease Program: 1) develop standards for determining eligibility for services provided by the program, with the advice of the Advisory Committee; 2) extend financial assistance to persons suffering from chronic renal disease who meet eligibility criteria; and, 3) periodically provide information to the Advisory Committee on services provided and expenditures for these services. Those clients not Medicaid eligible will receive the same level of services as in previous years.
Section Section 1 of this Act includes 2.0 NSF FTEs in the Department of Health and Social Services, Social Services (35-07-01). These Medicaid Eligibility Specialist positions will be funded through voluntary contributions from the Medical Center of Delaware and from federal matching funds. These positions will expedite the Medicaid Eligibility application process for Medical Center clients, and will ensure that these clients apply for services through Medicaid, if appropriate, thereby maximizing federal revenues for the State of Delaware. Other medical facilities throughout the state may participate in this program.
Section The Secretary of the Department of Health and Social Services shall submit a quarterly report to the Budget Director and the Controller General separating departmental revenue estimates into categories related to the $16,408.7 ASF for the Medicaid program in Social Services, (35-07-00); the $1,385.9 ASF for child support programs in Child Support Enforcement, (35-10-00); the $8,049.6 ASF for programs in Public Health (35-05-00); and the $2,111.3 ASF for programs in Alcoholism, Drug Abuse and Mental Health (35-06-00). This report will aid the Budget Director and the Controller General in determining if the projected revenue will support the Appropriated Special Fund accounts.
Section The Department of Health and Social Services, Division of Social Services (35-07-01) is authorized to establish bank accounts to advance funds from the Employment and Training program to clients or vendors in a timely manner. These advances would be for supportive services or welfare diversion services in the nature of clothing and transportation allowances and other services, to advance client self-sufficiency, as proposed in Delaware’s Welfare Program.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Social Services (35-07-01) for Child Care. Of that amount, $1,200.0 shall be used to increase child care eligibility to 200 percent of the federal poverty level beginning January 1, 2000. The child care eligibility increase shall be annualized in Fiscal Year 2001 with Federal Aid to needy Families (TANF) funds in the amount of $1,200.0.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Social Services (35-07-00) for contractual services. Of that amount, $750.0 is for DCIS II system maintenance. The Division of Social Services shall have the authority to contract for positions needed to provide system maintenance. The Division shall also have the authority, with approval from the Budget Director and Controller General, to transfer a portion of these funds to Personnel Costs and establish up to 3.5 GF positions and 3.5 NSF positions in order to support DCIS II system maintenance.
Section Notwithstanding any other provisions of the Delaware Code, the Chief Physician position (BP #69747) in the Division of Social Services (35-07-00) shall be considered exempt.
Section Delaware Health and Social Services is authorized to contract with a cooperative Multi-State purchasing contract alliance for the procurement of Pharmaceutical Products and allied supplies. The provisions of 29 Del. Code, Chapter 69 shall not apply to such contract. Prior to entering into any such contracts the department will obtain the approval of the Secretary of the Department of Administrative Services.
Section Section 1 of this Act makes an ASF appropriation to the Department of Health and Social Services, Social Services (35-07-00), for the Prescription Drug Program. These funds may be used for both client services and administrative costs. Drug rebates received for this program shall be deposited into the Prescription Drug Program account.
Section The State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112), as amended. The Department of Health and Social Services shall act as the sole state agency with the Secretary of the Department as the State Officer, and Visually Impaired (35-08-00) as the Designated State Unit for all monies from the Act that are designated for persons with visual impairment and blindness, as defined in a Cooperative Agreement dated December 1985, between Visually Impaired and Vocational Rehabilitation (60-08-00), Department of Labor. The department shall cooperate with the U.S. Department of Education, Rehabilitation Services Administration and, in accordance with all state laws, prepare the State Plan and carry out the Rehabilitation Act of 1973 and amendments thereto.
Section The Secretary of the Department of Health and Social Services shall report to the Budget Director and the Controller General by September 1, 2000, on the status of the implementation of additional dental services to Medicaid eligible children on a statewide basis. The Secretary shall consider the use of dental vans suitably equipped with appropriate dental professionals or other service delivery mechanisms.
Section Section 1 of this Act appropriates $1,867.9 in personnel costs and 35.4 FTEs to Visually Impaired, (35-08-00). This section authorizes 1.0 FTE in addition to the 7.0 FTEs itinerant teachers available to meet caseload requirements for the Braille Literacy Act. This additional FTE may be filled if the September 2000 educational unit count indicates the number of teachers required to meet caseloads for visually impaired students is greater than the Fiscal Year 2001 complement of teachers.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division for the Visually Impaired (35-08-01), for contractual services. Of that amount, $18.9 shall be used to compensate correctional inmates for the purpose of producing Braille materials for visually impaired school children.
Section Section 1 of this Act provides an appropriation of $1,385.9 Appropriated Special Funds (ASF) in the Department of Health and Social Services, Child Support Enforcement (35-10-00), for the operation of the division. Revenue from child support collections shall fund this account and the related 17.3 ASF FTEs. The department shall continue its efforts to maintain collections related to child support programs, and all revenue in excess of the division's ASF authority shall be deposited as designated by Title 29, Section 6102 of the Delaware Code.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Mental Retardation, Institutional Services (35-11-20) for contractual services. Of that amount, up to $10.0 shall be available for services provided by Camp Barnes.
Section The Division of Mental Retardation, Community Services (35-11-30) receives Medicaid reimbursement for the provision of day rehabilitation services provided in state operated day centers. Notwithstanding the provisions of Title 29, Section 6102 of the Delaware Code, the Division shall be allowed to collect and deposit the Medicaid reimbursement in an Appropriated Special Fund account entitled "Day Rehabilitation Services Reimbursement." Receipts in the account may be used to fund community residential and day program contracts currently funded out of the Purchase of Care and Purchase of Community Services lines.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Mental Retardation, Community Services (35-11-30), for contractual services to reimburse facilities to provide sheltered workshop services to clients while they are actively attending sheltered workshop programs. The Director of Mental Retardation shall submit a report detailing the various cost components of each facility's per diem to the Budget Director and the Controller General no later than December 1, 2000. The Director of Mental Retardation shall ensure that only reasonable and appropriate cost items shall be included in each facility's per diem. The reimbursement shall not in the aggregate exceed the appropriation amount in Fiscal Year 2001.
The Division is encouraged, where appropriate, to provide supported employment opportunities for these clients within the appropriation limit.
Section (a) The Division of Mental Retardation (35-11-00) is encouraged, where appropriate, to reallocate resources so as to maximize community-based residential placements for persons with mental retardation. Such reallocation initiatives must be made within the total Division’s appropriation limit with the approval of the Budget Director and the Controller General. These reallocation initiatives shall not compromise the standard of care of the remaining Stockley Center population.
(b) Section 1 of this Act provides an appropriation to the Division of Mental Retardation, Community Services (35-11-20) for the Stockley Transition Plan. This reallocation is the result of the authority found in subsection (a) to reallocate resources to maximize community-based residential placements and shall be monitored to assure the most appropriate levels of care are provided both in the community and at Stockley Center.
(c) Section 1 of this Act also provides an appropriation to the Division of Social Services (35-07-01), for the SSI Supplement and Medicaid – Non-State. Of those amounts, $30.3 and $559.5, respectively, are the result of a reallocation from the Division of Mental Retardation, Community Services (35-11-20) as part of the Stockley Transition Plan and shall be used exclusively for the community placements of Division of Mental Retardation clients. This reallocation is also the result of the authority found in subsection (a) to reallocate resources to maximize community-based residential placements and was needed in order to maximize federal participation in such placements.
Section The Division of State Service Centers, Family Support (35-12-10) maintains appropriation accounts (35-12-10-80-00) and (35-12-10-80-01) for the purposes of lending car seats to families who cannot afford to buy them and to publish a Human Services Directory, respectively.
Section Section 1 of this Act provides an appropriation of $50.0 to the Department of Health & Social Services, Division of State Service Centers, Family Support IPU (35-12-10) for Hispanic Affairs. Members of the Council on Hispanic Affairs shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties.
Section The Division of State Service Centers, Service Center Management IPU (35-12-20), currently operates 14 facilities throughout the State for which a Tenant User Fee for service is charged to partially offset the cost of Service Center Operations. The holding account for this function is entitled "Facility Reimbursement".
Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and deposit to the aforementioned accounts. Corresponding Appropriated Special Fund spending authority has been provided in Section 1 of this Act.
Section Section 1 of this Act provides an appropriation to the Department of Health & Social Services, Division of State Service Centers, Community Services (35-12-30) for “Emergency Assistance”. Of that amount, $57.5 shall be used for inflation for existing shelter service providers as of June 30, 2000.
Section Section 1 of this Act makes an appropriation to the Department of Health and Social Services, State Service Centers, Community Services (35-12-30), for emergency assistance. Some of this appropriation may be used for programs of longer than 30 days duration.
Section The position of Director, Community Services, shall remain exempt from classified service until such time as the position becomes vacant.
Section Notwithstanding any other provisions of the Delaware Code, State employee recognition funds may be used per existing guidelines to include the recognition of volunteers and other non-state employees under IPU (35-12-40) at the discretion of the Secretary of the Department of Health and Social Services.
Section The Division of Services for Aging and Adults with Physical Disabilities (35-14-00) will receive Medicaid reimbursement for the administration of community based services for the Aging and Adults with Physical Disabilities population. Notwithstanding the provisions of Title 29, Section 6102, Delaware Code, the Division shall be allowed to collect and deposit the Medicaid reimbursement in an Appropriated Special Fund account entitled "Community Based Services Reimbursement." Receipts in the account may be used to maintain existing services and provide additional services for adults with physical disabilities. Such services are not to exceed the estimated annualized revenue, and are subject to initial and on-going review by the Budget Director and the Controller General.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities (35-14-01), for non-personnel costs. Of that amount, $52.1 shall be utilized for the Joining Generations Program.
Section Section 1 of this Act provides an appropriation to the Department of Health and Social Services (35-05-20) for personnel costs. Included in this appropriation is 1.0 ASF FTE for a Dental Director position that shall be excluded from classified service as defined under Title 29, Delaware Code, Section 5903.
CHILDREN, YOUTH AND THEIR FAMILIES
Section To maintain the accuracy of information regarding Delaware’s juvenile justice system, specifically its institutions, Levels III, IV and V residential alternative programs and non-secure detention:
(a) All juvenile related SAC positions shall be located in YRS with access to all appropriate computer systems. After July 1, 2000, the Budget Director and the Controller General shall transfer $50.7 in personnel costs; $1.6 in travel; $3.0 in contractual services; $1.3 in supplies and materials; and $4.0 in Capital Outlay.
(b) YRS will provide SAC with copies of the actual documents and access to the originals covering bail disposition, release disposition, adjudicational sentencing disposition, program alternative calendars, rosters, movement information, alternative placement discharge reports, alternative placement fiscal records and other records necessary to verify juvenile offender movements, placements, identifications, and demographics. SAC will also have access to documents maintained by contract programs.
(c) SAC will produce quarterly juvenile offender institution movement and population reports; prepare and monitor the juvenile institution population forecast; and prepare the juvenile institution Levels III, IV and V residential alternative program recidivism study. These reports will be distributed to Legislative committees related to juvenile justice, the Budget Director, the Governor, the Controller General, YRS, and criminal justice agencies.
Section The Secretary of the Department of Services for Children, Youth and Their Families shall keep the Budget Director and the Controller General well informed on a quarterly basis about any and all developments relating to the possible sale of any portion of the Ferris School property and any and all developments relating to the possible new use or sale of any portion of the Woods Haven-Kruse property.
Section In addition to the positions authorized in Section 1 of this Act for the Division of Youth Rehabilitative Services (37-05-00), Secure Care (37-05-50), the Controller General and the Budget Director may authorize additional positions for the youth rehabilitative counselors at the Stevenson House Detention Center if the current staffing is inadequate for the detained population for a continuous period of not less than sixty days.
Section Amend §5916(b), Title 29 of the Delaware Code by inserting the following section:
“(4) Casual seasonal employees performing the same job duties as those eligible employees identified in subsections (1), (2), (3), shall also be deemed eligible. The amount of the monthly hazardous duty pay supplement shall be prorated based on the actual hours worked.”
Section For Fiscal Year 2001, the Division of Management Services (37-01-00) shall have 1.0 FTE exempt position in addition to those authorized by Title 29, Section 5903, Delaware Code. When position #55138 becomes vacant, it shall be classified by the Director of Personnel in accordance with the Merit System, Title 29, Chapter 59, Delaware Code.
Section Funds which are appropriated for foster care of children in Section 1 of this Act in the Department of Services for Children, Youth and Their Families, Family Services (37-06-00), are made available with the goal of limiting the number of children who remain in foster care for more than two years. For the year beginning October 1, 2000, the goal will be 220 children. This goal statement is intended to satisfy the requirements of the Federal Adoption Assistance and Child Welfare Act (P.L. 96-272).
Section The Division of Family Services is hereby directed to formally notify, in advance, the Foster Care Review Board of any meeting, hearing or other event of which the Board desires notification. Said notification shall be directed to the Executive Director of the Board.
Section Section 1 of this Act includes a one-time appropriation of $200.0 in the Office of the Budget, Contingencies and One-time Items (10-02-04). This appropriation is to be transferred to the Department of Services for Children, Youth and Their Families and used for expenses associated with an increased number of clients, in excess of those served in Fiscal Year 1999, referred by the Truancy Courts as a result of House Substitute #1 for House Bill No. 213 or similar legislation. The Department of Services for Children, Youth and Their Families shall submit quarterly reports to the Budget Director and the Controller General on the number of clients served by the Department that were referred for services by the Truancy Court as a result of HS #1 for House Bill No. 213 or similar legislation. These funds shall revert on June 30, 2001, should HS #1 for House Bill No. 213 or similar legislation not be enacted into law.
Section The Secretary of the Department of Services for Children, Youth and Their Families shall certify to the Governor and the General Assembly that the mixing of adjudicated and non-adjudicated youths shall not take place in Ferris School.
Section (a) During Fiscal Year 2001 any employee who is currently enrolled in an education program as part of the Ferris School Restructuring Transition Plan shall continue to receive financial support from the Division of Youth Rehabilitative Services until the completion of a relevant bachelor’s degree. Any remaining balance in 37-05-50-01-98 shall remain authorized and available for training and staff development within the division. Special consideration shall be given to probation and parole officers.
(b) The NSF account (37-05-50-80-04), established in Fiscal year 1996, shall remain authorized until June 30, 2001. This appropriation will allow the Department of Children, Youth and Their Families to receive reimbursements from employees who do not successfully complete Ferris work-force transition training. These Funds may also be used for general training and staff development in DYRS.
Section As a means of monitoring and improving the excessive expenditure of casual/seasonal and overtime in the Division of Youth Rehabilitative Services, Secure Care (37-05-50), the Secretary of the Department of Services for Children, Youth and Their Families shall file a quarterly report with the Budget Director and the Controller General on casual/seasonal and overtime expenditures. The report should include but not be limited to sick leave usage, incidence of tardiness, vacancy rates, training and transportation costs and the use of correctional officers at the Ferris School, New Castle County Detention Center and Stevenson House. The report should reflect all actions (including disciplinary) being taken to expeditiously correct the noted problem areas.
Section Section 1 of this Act includes an appropriation for Salary Contingency-Overtime in the Office of the Budget, Contingencies and One-time Items (10-02-04). Of that amount, the item amounting to $305.8 for overtime in the Department of Services for Children, Youth, and Their Families, Division of Youth Rehabilitative Services, Secure Care (37-05-50) shall be transferred to the Department and used for overtime with the consent of the Budget Director and Controller General after the department has demonstrated that every effort has been made to control and limit the use of overtime.
Section The Department of Services for Children, Youth and Their Families shall submit semi-annual reports to the Budget Director and the Controller General that detail the expenditures of the internal program unit of Community Services (37-05-30) by dispositional guideline level, outlines the numbers of youth served by various programs within the unit and summarizes the personnel complement associated with each program within the unit. These reports shall be due on November 30, 2000, and May 30, 2001.
Section Section 1 of this Act provides an appropriation to the Department of Services For Children, Youth, And Their Families, Division of Youth Rehabilitation Services, Secure Care (37-05-50) for contractual services. Of that amount up to $100.0 may be used for pre-trial diversion in the Superior Court (02-03-10).
Section The Department of Services for Children, Youth and Their Families shall report on a quarterly basis during FY 2001 to the Controller General and Budget Director the status of the Stevenson House Facility in Milford. This report shall include, but not be limited to, staffing vacancies, total budgetary expenditures vs. appropriations, overtime, casual & seasonal expenditures, population statistics, facility condition and capacities, and incident reports.
Section Section 1 of this Act provides an Appropriated Special Fund authorization of $341.7 to the Department of Services for Children, Youth and their Families (37-00-00) for the purpose of supporting the Young Criminal Offender Program located at the Department of Correction, Multi-Purpose Criminal Justice Facility (38-04-06).
Section Section 1 of this Act provides an appropriation to the Department of Services for Children, Youth and Their Families, Child Mental Health Division, Managed Care Organization IPU (37-04-10) for Pass-Throughs. Of that amount, $213.7 and $86.3 from Contractual Services shall be used for the statewide Juvenile Drug Court Program and transferred to SODAT.
Section (a) In addition to the positions authorized in Section 1 of this Act for the Division of Family Services (37-06-00), Intake/Investigation (37-06-30) and Intervention/Treatment (37-06-40), the Budget Director may authorize up to 15 additional training positions for the purpose of training investigative and treatment workers. The Budget Director may authorize additional recruit positions accordingly.
(b) Additional 2.0 General Fund FTEs were authorized in FY 00 in the Division of Family Services, Office of the Director (37-06-10) for the purposes of training workers hired in accordance with Section 230 of this Bill. As the need for the over-hire provisions and the associated training authority is reduced, the Budget Director and the Controller General may eliminate two positions through attrition.
Section For the purposes of retaining and attracting experienced investigation and treatment workers in the Division of Family Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units. It is anticipated that the Division shall hire a minimum of two Family Crisis Therapists per investigation and treatment units, subject to the availability of successful candidates. Current Division of Family Services employees who successfully apply for these positions shall have their position reclassified to Family Crisis Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist shall be effective upon the approval of the State Personnel Director, Budget Director and the Controller General. The Division of Family Services is authorized to transfer positions between budget units in order to adjust its complement to ensure the correct number of FTEs are in each functional unit of the Division. The Division of Family Services shall submit a quarterly report to the Budget Director and the Controller General detailing any adjustments to the complement, the number of Family Crisis Therapists hired and retention statistics.
Section Section 1 of this Act appropriates 6.0 NSF FTEs to provide additional Probation Officers to serve youth on probation or parole in the Division of Youth Rehabilitative Services, Community Services (37-05-30). These additional officers will serve as part of a new program designed to more vigorously enforce violations of probation or parole by DYRS clients. Federal funds shall be available for these positions and to provide residential placements for youths who violate the conditions of their probation or parole. Such placements may be for two weeks for the first offense, three months for the second offense and until the youth reaches age 18 for the third offense.
Section Section 1 of this Act provides an appropriation to the Department of Services for Children, Youth and Their Families, Division of Family Services, Office of the Director (37-06-10) of $423.6 for Pass-Throughs. It includes:
Child Advocacy Center $280.7
People’s Place, Milford $ 67.0
CHILD, Inc. $ 29.5
Watchful Shepherd $ 46.4
Section In addition to the .5 ASF position authorized in Section 1 of this Act to (37-06-10), 2.0 ASF positions are authorized to replace 2.0 NSF FTEs as of October 1, 2000. These positions are to be used to ensure compliance with State laws regarding youth access to tobacco, through activities including recruitment and training of youth to act as cooperative underage witnesses in compliance checks, educating retailers about State tobacco laws, and educating youth about retailer compliance regarding the sale of tobacco to minors and other compliance activities.
CORRECTION
Section Not withstanding Title 29, Chapter 58, Section 5805 and Chapter 55, Section 5502, the Department of Correction is authorized to contract with former employees of the Department of Correction for construction oversight services. The purpose of this authorization is to provide expert oversight for the ongoing prison construction. This section shall be in effect for the fiscal year ending June 30, 2001.
Section (a) Section 1 of this Act includes funding for relief positions in the Human Resources/Employee Development Center IPU of the Department of Correction (38-01-02). These positions shall be used primarily for training relief. The Department of Correction shall provide a quarterly report to the Budget Director and the Controller General detailing the non-training relief assignments of the staff training relief officers.
(b) In addition to the positions authorized in Section 1 of this Act for the Department of Correction (38-00-00), additional positions are authorized in Human Resources/Employee Development Center (38-01-02) for the purpose of training classes. During the training sessions, up to 60 positions will be made available to accommodate the class being trained. Funding is authorized to seed the first-time use of these 60 positions. In order to utilize these positions after the first time use, the department will use salary savings realized throughout the year.
(c) In addition to the positions authorized in Section 1 of this Act for the Department of Correction (38-00-00), additional positions are authorized in Human Resources/Employee Development Center (38-01-02) for the purpose of Probation and Parole Officer Basic Training classes. During the training sessions, up to 25 positions will be made available to accommodate the class being trained. No funding will be authorized for these 25 positions. In order to utilize these positions, the Department will use salary savings realized throughout the year.
Section Section 1 of this Act provides an appropriation to the Department of Correction, Medical Services (38-01-30). Administration of the Medical Services contract shall be the responsibility of the Commissioner of Correction or his designee.
Section Section 1 of this Act makes an appropriation to the Department of Correction, Medical/Treatment Services (38-01-30). Of the total appropriation, $25.0 shall be used for the purpose of inmate hospice care.
Section The Department of Correction, Facilities Maintenance (38-01-40), receives funding for maintenance and restoration projects in the Budget Act. The department must submit a quarterly report to the Budget Director and the Controller General, detailing the expenditure of such funds and the respective projects. The department shall submit a preliminary plan for maintenance projects for Fiscal Year 2002 by October 31, 2000, to the Budget Director and the Controller General.
Section Section 1 of this Act provides an appropriation for the Prison Arts Program funded in the Bureau Chief - Prisons (38-04-01). Included in this appropriation is a 1.0 FTE Administrative Assistant II and $28.0 for personnel costs, $23.0 for supplies and materials, $43.5 for casual/seasonal, $29.5 for contractual services and $4.0 for travel.
Section Section 1 of this Act appropriates the sum of $19.0 in "gate money" or "release money" to the Department of Correction, Prisons, Bureau Chief - Prisons (38-04-01). The General Assembly intends that these funds be used for inmates, who upon their release, are financially unable to obtain transportation away from the facility. The funds thus appropriated shall be used for the express purpose of providing cash payments to eligible inmates being released from an adult correctional facility and shall be expended as follows:
(a) Upon release, a prisoner who within 30 days prior to release has $50.00 or more in his/her inmate account or accounts shall not be eligible for such payment, but shall be paid in cash the amount in his/her inmate account or accounts.
(b) Upon release, a prisoner who has less than $50.00 in his/her inmate account or accounts shall be paid in cash the amount remaining in his/her account or accounts and may be paid an additional sum sufficient to ensure transportation to his/her place of residence. Such sum sufficient, together with the funds available in the inmate account, shall not exceed $50.00.
Any prisoner who, after using option (a) or (b) of this Section, has insufficient funds to provide a one-way bus ticket to his/her place of residence, shall forfeit all such funds and shall be provided with a one-way bus ticket to his/her place of residence, as well as sufficient funding to provide food during travel.
Section Section 1 of this Act provides an appropriation for personnel costs to the Department of Correction, Delaware Correctional Center (38-04-03). Included in this appropriation is $15.0 for legal services as required by the Warden of Delaware Correctional Center.
Section Section 1 of this Act provides an appropriation for personnel costs to the Department of Correction - Delaware Correctional Center (38-04-03). Included in this appropriation is 1.0 position and personnel costs to allow the department to oversee a program to manufacture reading materials in Braille for the visually impaired.
Section Section 1 of this Act appropriates funds to Baylor Women’s Correctional Institution (38-04-05) in contractual services for a contract to provide a program for female offenders at BWCI to address anger and behavior issues from a feminine psychological perspective. The Warden of the facility will submit an annual report to the Joint Finance Committee, Budget Director, Controller General and Commissioner of Correction by June 1 of each year, which will include but not be limited to the mission of the organization, the statement of the problem, a synopsis of the program, the number of participants, statistics relating to recidivism rates of those participating in the program and an annual budget of the organization.
Section (a) Section 1 of this Act makes an appropriation of $4,209.4 to the Department of Correction, Drug and Alcohol Treatment Services (38-01-31) for Drug and Alcohol Treatment Services; and $132.0 to the Bureau Chief - Community Corrections (38-06-01); and $305.9 Probation and Parole (38-06-02). These funds are intended to support drug and alcohol programs provided by the department to individuals in its custody or under its supervision. The administration of these contracts shall be the responsibility of the Commissioner of Corrections or his designee.
(b) On or before August 1, 2000, the department is to submit a plan on how these funds will be spent during the fiscal year. This plan shall be submitted for approval to the Budget Director and the Controller General.
(c) The Commissioner of Correction and the Secretary of Health and Social Services, or their designees, shall jointly participate in developing the appropriate requests for proposals (RFPs) for contract services to provide drug and alcohol treatment. All selected contract providers shall report on a regular basis to the Department of Correction on all follow-up regarding referrals and services provided to the offender population.
Section (a) Of the total positions authorized in Section 1 of this Act for the Morris Correctional Institution (38-04-07), three positions shall be used to continue the existing highway beautification project.
(b) Of the total positions authorized in Section 1 of this Act for the Delaware Correctional Center (38-04-03), four positions shall be used to continue the existing highway beautification project.
(c) Of the total positions authorized in Section 1 of this Act for the Sussex Correctional Institution (38-04-04), four positions shall be used for a highway beautification project.
(d) Section 1 of this Act also makes an appropriation for contractual services to Morris Correctional Institution (38-04-07). Of this amount, $5.0 shall be used for "tipping" fees.
Section Section 1 of this Act provides an appropriation to Community Corrections, Probation and Parole (38-06-02). The department must submit a semi-annual report to the Budget Director and the Controller General that details the expenditure of these funds by SENTAC level (levels I, II and III) and the average personnel complement for each level. These reports are due on December 31 and June 30.
Section Section 1 of this Act provides an appropriation to Community Corrections, Probation and Parole (38-06-02) for contractual services. Of this appropriation, $94.0 shall be used to support a community restorative justice program in New Castle County.
Section Section I of this Act provides an appropriation of 6.0 ASF FTEs and $241.8 ASF in Department of Correction, Multi-Purpose Criminal Justice Facility (38-04-06). These positions shall be Correctional Officers who will supervise inmate work crews primarily for completing projects requested by DelDOT. The source of funding shall be the Department of Transportation, Maintenance (55-04-70). Adjustments to Appropriated Special Fund spending authority for this program can be made upon the concurrence and approval of the Budget Director and the Controller General.
Section Section 1 of this Act provides an appropriation to Community Corrections, House Arrest (38-06-04) for the purpose of supporting a program of home confinement using electronic monitoring devices. The supervision of offenders assigned to home confinement and the use of the electronic monitoring devices shall be restricted to the area within the geographical boundaries of the State of Delaware, unless otherwise determined by the Commissioner of the Department of Correction.
Section Section 1 of this Act appropriates $2,571.8 in contractual services to Department of Correction, Prisons, Bureau Chief-Prisons (38-04-01) for out-of-state boarding of Delaware prisoners in Virginia. As Delaware prisoners are brought back from Virginia, the Department of Correction is authorized to transfer funds from this contractual services appropriation to other Department of Correction budget units and appropriations as needed, subject to the approval of the Budget Director and Controller General.
Section Pursuant to appropriations in the Department of Correction, Prisons (38-04-00) and the Department of Education, Block Grants and Pass Through Programs (95-03-00) in Section 1 of this Act, the Department of Correction and the Department of Education shall enter into an agreement for the operation of prison education services. Under any such agreement the Department of Education shall be responsible for the operation of prison education services. These educational services shall include, but not be limited to, programs provided to juvenile inmates in the Young Criminal Offender Program and inmates between the ages of 18 and 21, including those requiring special educational services. Students served under this program shall not be included in the calculation for unit count purposes as defined in Chapter 17, Title 14, Delaware Code. The Budget Director and Controller General may transfer funds between lines and Departments to pay for this program.
To facilitate the coordination of education services within the prison system the Department of Correction may use an existing vacancy during Fiscal Year 2001 or may reimburse a school district or state agency to cover the salary and expenses for those services. Prison education services shall be provided by utilizing existing teachers that are in the Department of Correction as well as newly authorized teaching positions in the Department of Education. The management of all educational positions shall be provided by the Department of Education. All existing teachers in the Department of Correction may voluntarily transfer to the Department of Education. Any teacher wishing to transfer to the Department of Education shall have until August 15, 2000 to notify both Departments of their intent. Transfers shall be effective September 1, 2000 at which time the associated FTE and funding shall be transferred to the Department of Education. Department of Correction teachers shall have the opportunity each year thereafter to notify both agencies of their intent to transfer to the Department of Education. Such notification shall be made by April 15 of each year to become effective July 1 of that calendar year. Any position transfer made pursuant to this section shall be permanent.
If a remaining Department of Correction teacher applies for and is accepted into a newly authorized position in the Department of Education, the position and associated funding shall be transferred to the Department of Education for the operation of prison education services. If a remaining Department of Correction teacher position becomes otherwise vacant, the position and associated funding shall be transferred to the Department of Education for the operation of prison education services.
Section The Department of Correction, House Arrest (38-06-04) shall provide 24 hour, 7 day a week supervision of community correction’s offenders. The Department shall determine the number of employees needed on duty throughout each 24-hour period and arrange staff coverage accordingly. At no time shall the ratio of Probation Officers I’s to other staff exceed 50 percent during night time and weekend hours.
Section The Merit Rules notwithstanding, Department of Correction employees designated as Correctional Emergency Response Team (CERT) members shall be eligible for standby pay regardless of their classification.
NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Section Section 1 of this Act authorizes the Division of Fish and Wildlife, Wildlife/Fisheries (40-05-02) to spend up to $4,167.6 in Appropriated Special Funds. Within this amount, the division is authorized to undertake capital expenditures to maintain/develop fish and wildlife recreational areas. These expenditures should be in accordance with the Capital Development Plan for the division, submitted as an attachment to the department’s Fiscal Year 2001 Capital Improvement Program. Any deviation from the listed projects must be approved by the Budget Director and the Controller General.
Section Section 1 of this Act contains a one-time appropriation of $25.0 to the Department of Natural Resources and Environmental Control, Division of Soil and Water, (40-07-01) for the completion of the Inland Bays Dredging Study. This appropriation is subject to a $20.0 federal match.
Section The Department of Natural Resources and Environmental Control will provide the Joint Finance Committee with information on the actual cost of all Title V program activities, including permitting, enforcement and monitoring. Reports on each six months of activity will be submitted to the Joint Finance Committee by January 31, 2001, and July 31, 2001, respectively.
Section . Section 1 of this Act appropriates $115.8 to the Division of Water Resources, Watershed Assessment (40-08-07) for Inland Bays Research. The appropriation shall be used to support citizen-monitoring activities including, but not limited to, the Stream Watch Program in the amount of $75.8 and the Inland Bays Citizen Monitoring Program in the amount of $40.0. In addition, $275.0 of the Watershed Assessment (40-08-07) contractual services funding shall be used by the Center for the Inland Bays for programs promoting strategies to improve the quality of water in the Inland Bays.
Section Section 1 of this Act appropriates funds to the Division of Air and Waste Management (40-09-00), for the SARA III Program. All ASF collected in this program shall be distributed to the Local Emergency Planning Committees.
Section Section 1 of this Act appropriates $716.9 in General Funds and $169.5 in Appropriated Special Funds for a dog control contract in the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, (40-05-05). The recipient of this contract will be responsible for the enforcement of Title 7, Chapter 17 (Dogs), of the Delaware Code. Of the total General Fund appropriation, $135.0 is dedicated to fund 4 dog control officers: 2 in New Castle County, 1 in Kent County and 1 in Sussex County.
Section Section 1 of this Act appropriates funds to support a position within the Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Management and Support Section (40-09-01). This position is an Environmental Engineer II/IV and assigned to the Delaware City Petro Chemical Complex. This position will respond to and provide follow-up on complaints from the community on air quality throughout New Castle County. The position incumbent shall submit an annual report to the Joint Finance Committee on February 1st of each year which summarizes the complaints and activities of the previous calendar year.
Section Prior to all new land acquisitions the Department of Natural Resources and Environmental Control will be required to provide cost estimates to the Joint Finance Committee. The cost estimates will include estimates to develop infrastructure, maintenance and the number of positions needed to maintain the land and the associated personnel costs.
Section The Title V Operating Permit Program ASF holding account in Air and Waste Management, Air Quality Management (40-09-02) shall be interest earning for the duration of the program.
Section Any expenditure or transfer of Penalty Fund Revenues must be approved by the State Budget Director and the Controller General. The Department shall submit quarterly reports on the progress of the expenditures and/or projects. All expenditures must be recommended by the Department and approved by the Secretary. All penalty funds will be deposited in the Penalty Fund Account. All of the penalty fund expenditures made by the Department of Natural Resources and Environmental Control in Fiscal Year 2001 shall be reported to the Joint Finance Committee in the Department’s Fiscal Year 2002 budget presentation. Included in this presentation shall be an explanation of the process used to select the recipients of Penalty Fund money.
Section The Division of Fish and Wildlife (40-05-00) is authorized to establish, maintain and administer:
(a) An interest-bearing, Non-appropriated Special Fund known as the Delaware Marsh Management and Maintenance Trust, as allowed by conditions of the DNREC/PSE&G Settlement Agreement of March 23, 1995. The interest income from this Trust Account will be dedicated to implement the Settlement Agreement’s provisions to enhance or restore tidal wetlands habitats for coastal fish and wildlife resources along Delaware Bay and River in Delaware, and to maintain such tidal wetlands habitat enhancements or restoration in perpetuity, as partial compensation for natural resource losses caused by past, ongoing and future operation of the PSE&G Salem Nuclear Generating Station.
(b) A Non-appropriated Special Fund for administration of the dedicated interest earned on the fund established above, with said dedicated interest to be expended to help support or implement compensatory tidal wetlands habitat enhancements or restorations and associated maintenance activities referred to in (a) above.
Section Section 1 of this Act appropriates $4,265.9 to the Department of Natural Resources, Division of Parks and Recreation, Operations and Maintenance Section (40-06-02). Of this amount, $65.0 shall be used to fund casual/seasonal positions for Killens Pond Waterpark and $23.5 shall be used for programs and services at rental facilities at Bellevue State Park.
Section The budget complement of the Department of Natural Resources and Environmental Control, Division of Water Resources, Environmental Services (40-08-02) includes 2.0 General Fund Analytic Chemist FTEs, position numbers 58598 and 8339. When one of these positions becomes vacant, it shall be converted to ASF immediately. The remaining position shall not be converted.
Section Section 1 of the Act appropriates $4,664.0 to the Department of Natural Resources and Environmental Control, Division of Water Resources, Management and Support (40-08-01). Of that amount, $1.0 shall be set aside for the Environmental Science Scholarship program.
Section Section 1 of this Act appropriates $505.4 General Funds to the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, Cultural and Recreational Services, (40-06-03). Of that appropriation $10.1 is to be spent on Promotion and Programs for Trap Pond State Park as follows: $5.0 in Contractual Services, $5.0 in Supplies and Materials and $.1 for Travel.
Section Section 1 of this Act appropriates $501.9 to the Department of Natural Resources and Environmental Control to annualize the competency based pay project. Notwithstanding Chapters 5.0 and 6.0 of the Merit Rules, this pay plan is intended for the enforcement classes within the Divisions of Fish and Wildlife, Parks and Recreation, and Air and Waste Management, and shall be based upon the Competency Based Pay Plan report provided to the Controller General's Office on June 8, 1998.
The competency based pay plan shall provide a plan for employees to follow in order to achieve promotional increases based on objective, measurable, pre-determined standards for all enforcement employees. These standards include, but are not limited to, training and education, certification, time and experience, public relations, performance review and operational readiness.
The promotional increases shall be based on a competency based matrix. The matrix shall provide for promotional standards both within and between pay grades. There shall be three levels that an employee must achieve within one paygrade before in order to be eligible for promotion to a higher paygrade. These three levels are skill building, full performance, and expert. Decisions related to promotion to a higher paygrade shall be determined be an Enforcement Oral Board made up of 2 representatives from the Department of Natural Resources and Environmental Control and 3 representatives from the State Personnel Office.
Section Section 1 of this Act appropriates $454.5 to the Division of Soil and Water Conservation, District Operations (40-07-04) for contractual services. Of that amount, $130.0 shall be used to hire additional field staff personnel for the preparation of nutrient management plans.
Section Section 1 of this Act appropriates funds to the Hazardous Substance Cleanup Act (HSCA) Cleanup Fund in the Division of Air and Waste Management, Waste Management (40-09-03). A maximum of $500.0 ASF per fiscal year will be set aside from the HSCA Cleanup Fund to address orphaned and abandoned underground storage tank (UST) systems. These USTs shall include those where the responsible parties have shown to the satisfaction of the Department of Natural Resources and Environmental Control, that they do not have the ability to pay for the necessary UST system removal and the remediation of any resulting contamination. In such case, the Department shall not seek cost recovery of the funds expended under the HSCA fund.
Section Amend § 2113(e), Title 23, Delaware Code, by striking the phrase “Fisheries Restoration (Dingell-Johnson)” and substituting in lieu thereof the phrase “Sport Fish Restoration”. Also amend § 2113(f), Title 23, Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:
Beginning July 1, 2000 and annually thereafter, the funds derived by the State from Boat Registration Fees shall be deposited as Appropriated Special Funds by the Department with the State Treasurer.
Section For Fiscal Year 2001, the Division of Fish and Wildlife is authorized to expend funds derived from the sale of boat registration fees during Fiscal Year 2000 for the purpose of supporting fisheries programs and marine enforcement.
Section Section 1 of this Act makes an appropriation to the Department of Natural Resources and Environmental Control, Division of Water Resources (40-08-01). Of the total appropriation, $120.0 will pass through the Department to fund the Environmental Training Center at Delaware Technical and Community College, Owens Campus. Funding is to be used to provide training for state and local water and wastewater operators.
Section Amend § 8002(c), Title 29, Delaware Code by deleting the following:
“The Secretary may, during an absence from the State, appoint the Deputy Secretary of the Department to serve as Acting Secretary during such absence.”
and replacing it with the following:
“The Secretary or the Acting Secretary may, during an absence from the State, appoint the Deputy Secretary or a Division Director of the Department to serve as Acting Secretary during such absence.”
Section Section 1 of this Act appropriates 1.0 FTE ASF Deputy Attorney General I position to the Department of Natural Resources and Environmental Control, Office of the Secretary (40-01-01) funded through legal assistance expenses recovered through administrative enforcement actions under 7 Del. Code, Chapter 60.
Section It is intent of the General Assembly that the Department of Natural Resources and Environmental Control shall be required, pending legal review, to post on its Internet Web site within three working days, all unclassified misdemeanors issued by the Division of Air and Waste Management Enforcement Officers after such citations have been entered in the courts.
Section The Budget Office Contingency and One-Time Items (10-02-04) contains an appropriation of $310.0 for the Debris Disposal Program. The funding is contingent on passage of Senate Bill 185 of the 140th General Assembly or similar legislation. If this bill or similar legislation is not enacted the appropriation shall revert to the General Fund. The funds appropriated for the Debris Disposal Fund require a 50% match from New Castle County Council.
Section Section 1 of this Act makes an appropriation for contractual services to the Department of Natural Resources and Environmental Control, Division of Water Resources, (40-08-05). Of the total appropriation, $25.0 is dedicated to the Compliance Inspection Program in the Inland Bays/Atlantic Ocean Basin.
Section Section 1 of this Act makes an appropriation for contractual services to Department of Natural Resources and Environmental Control, Division of Parks and Recreation, (40-06-02). Of the total appropriation, $75.0 is dedicated to Greenways and Trails maintenance.
Section Section 1 of this Act makes an appropriation of $30.0 in Contractual Services to the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, (40-05-06). This appropriation is to fund 5 casual/seasonal enforcement officers to patrol the inland bays.
Section Section 1 of this Act makes an appropriation for contractual services to the Department of Natural Resources and Environmental Control, Division of Water Resources, (40-08-01). Of that amount $50.0 shall be used to support the Partnership for the Delaware Estuary.
PUBLIC SAFETY
Section The Department of Public Safety (45-00-00) is hereby authorized to continue the agreement between the Division of State Police (45-06-00) and Sussex County Council to provide up to 15 additional patrol officers in Sussex County.
In Section 1 of this Act, ASF authority has been provided to the Division of State Police, Patrol (45-06-03) in order to accommodate the match requirements stipulated by the agreement. In the event that the aforementioned agreement between the Division of State Police and Sussex County is terminated, this authority shall be deauthorized.
Section Section 1 of this Act makes an appropriation to the Division of State Police, Executive (45-06-01). Included in this amount are funds for implementation of a Career Development Program. Any adjustment received under this program will be added to base compensation and will be included to determine retirement benefits.
Section The Division of State Police receives funds resulting from drug and other seizure activities. If seizure is defined as being under federal jurisdiction, then the funds flow to State Police, Executive (45-06-01), as Non-appropriated Special Funds. The Division shall submit a plan for the expenditure of these funds to the Budget Director and the Controller General. This plan shall be updated quarterly. A quarterly report as to the expenditure of such funds and to the respective projects shall be submitted to the Budget Director and the Controller General.
Section In addition to the positions authorized in Section 1 of this Act for the Division of State Police (45-06-00), additional positions are authorized in Patrol (45-06-03) for the purpose of training State Police recruits. During recruit training, up to 20 positions will be made available to accommodate the class being trained. Funding is authorized for initial use of these positions to accommodate an anticipated graduating class of 15 troopers. The Budget Director may authorize additional recruit positions accordingly.
Section Section 1 of this Act authorized the conversion of 2.3 NSF FTEs within the Department of Public Safety, Division of State Police (45-06-03), funded via the COPS Universal Hiring Program to General Funds. Each of these positions will retain their NSF funding status, until such time as available federal funding is depleted.
Section Section 1 of this Act authorizes the conversion of 5.0 NSF FTEs within the Department of Public Safety funded via the COPS Universal Hiring Program to General Funds: 1.8 FTEs in Capitol Police (45-02-10); 2.0 FTEs State Police, Patrol (45-06-03); and 1.2 FTEs State Police, Special Investigation (45-06-05).
Section Notwithstanding Chapters 63 and 69 of Title 29 of the Delaware Code or any other statutory provision to the contrary, the Department of Public Safety is authorized to enter into agreements with private telecommunications companies to use space for communication facilities on telecommunications towers under their administration. The revenues paid to the State under these agreements shall be designated for use by the Division of State Police in support of mobile data computing telecommunications infrastructure cost, effective retroactively.
Section Notwithstanding the provisions of Section 6102(o)(3), Title 29, Delaware Code, any remaining balance in the Inspection and Maintenance (I/M) Fund shall not be subject to General Fund deposit until June 30, 2001. These funds may be used for costs associated with Division of Motor Vehicle lane construction.
Section Funds remaining in the Department of Public Safety, Division of State Police (45-06-01) FY 1998 one-time appropriation "One-Time Items" originally allocated for the "Promotional Testing Project" shall be a continuing appropriation to be used for the “Academy Curricula and Training Study."
Section The 4.0 FTEs being transferred from the Division of State Police (45-06-00) to the Office of the Secretary, Administration (45-01-01) in Section 1 of this act shall become classified in compliance with the Merit System, Title 29, Chapter 59, by the Director of State Personnel. Any incumbent occupying a position that is “classified” by the Director of State Personnel pursuant to Title 29, Chapter 59, Delaware Code shall be considered qualified without further testing and shall be continued in the position without loss of compensation.
Section Section 1 of this Act provides $73.2 and 3 Physical Plant Maintenance/Trades Mechanic I FTEs to the Department of Public Safety, Building Maintenance and Construction (45-06-02). These positions shall report to Delaware State Police Troop 1, Troop 2 and Troop 6.
TRANSPORTATION
Section All state agencies are directed to remit payment for services rendered by the Department of Transportation within (30) days after receipt of invoice. Services may include fuel billing, sign manufacturing, photocopies, specialized transit services, etc. Partial payments or estimated payments will not be permitted.
Section The department shall provide a quarterly report of potential liabilities and expenditures from the Environmental Contingency account to the Office of Controller General and the Budget Office.
Section The Delaware Transportation Authority budget, as set forth in memorandum form in Section 1 of this Act, shall be expended in accordance with the following limitations:
(a) Debt Service estimates are for current project financing as authorized by Title 2, Chapter 13, Delaware Code.
(b) Funds provided for "Newark Transportation" are intended to cover the expenses of the public transportation system operated by the City of Newark. The funds may be used to provide up to 100 percent of the total operating cost of the system during the year.
(c) Funds provided for "Kent/Sussex Transportation" are intended for continuation of transportation service for the elderly and handicapped in Kent and Sussex counties. It is intended that management and direction of the service will reside with the Delaware Transit Corporation which may contract for services as they see fit, and that Kent County and Sussex County governments will review and approve allocation of the service levels within each county.
(d) It is intended that funds for "Taxi Service Support" will be maintained at least at the same service level as in the previous year. It is intended that management and direction of these services shall reside with the Delaware Transit Corporation who may contract for this service as required.
(e) Funds of the Delaware Transit Corporation may not be provided as aids to local governments for transportation systems which restrict passengers because of residential requirements. Nothing in this Section is meant to require that governments must operate these transportation systems outside their political boundaries.
(f) Funds provided for “Transit Operations” are intended to include funding to allow the Delaware Transit Corporation or a private contractor to:
1) continue to provide the present level of service to dialysis patients on normal service days during the hours offered in New Castle County by the Delaware Transit Corporation to the extent that such service does not place the Delaware Transit Corporation in violation of the federal Americans with Disabilities Act.
2) provide service to dialysis patients in Kent and Sussex counties during hours identical to those offered in New Castle County.
Section Section 1 of this Act appropriates $828.5 to the Division of Financial Management and Budget (55-01-02) for Operations/Capital. Of this amount, $200.0 shall be allocated to the Maritime Exchange for the Delaware River and Bay.
Section Section 1 of this Act appropriates $9,824.8 to Maintenance Districts (55-04-70) for Contractual/Supplies. Of this amount, $30.0 shall be allocated to the Woodland Ferry.
Section Section 1 of this Act makes an appropriation of $516.9 to the Division of Planning (55-03-01) for Operations/Capital.
(a) Of this amount, $25.0 shall be used for infrastructure research and forums through the University of Delaware, School of Urban Affairs and Public Policy. An additional $25.0 shall be allocated for the purposes set forth in this Section to be funded from eligible Federal Funds. The activities funded by this appropriation shall be approved by the Secretary of the Department of Transportation.
(b) Of this amount, $250.0 shall be used for the purposes of funding research programs of the Delaware Transportation Institute. Use of these program funds are subject to prior approval of the research approach and specific research projects of the Institute by the existing Policy Committee for the Institute, which shall include representation from the Department of Transportation, the University of Delaware, the Chairperson of the House Transportation and Infrastructure Committee, and the Chairperson of the Senate Highways and Transportation Committee and/or the Energy and Transit Committee.
Section The Office of Information Services shall bill the Department of Transportation, Division of Administration (55-02-01) on an actual usage basis.
Section Section 1 of this Act provides an appropriation of $63,620.9 to the Division of Highway Operations (55-04-00). Of that amount $2,515.4 shall be used to implement the National Pollutant Discharge Elimination System (NPDES). The Secretary of Transportation shall report quarterly to the Budget Director and the Controller General on the status of the implementation of NPDES and provide associated cost projections for the remainder of the fiscal year. The Secretary of Transportation shall also report to the Budget Director and the Controller General upon final settlement of the related Consent Decree between the Department of Transportation and its co-defendants; and U.S. Environmental Protection Agency and U.S. Department of Justice, including a summary of settlement terms and applicable fines.
Section Section 1 of this Act authorizes disbursement of $1,770.0 in Transportation Trust Funds for Debt Service, General Obligation.
Section Section 1 of this Act makes various appropriations from the Transportation Trust Fund for all transportation-related operations.
(a) The Department shall promulgate and carry out the policies and procedures necessary to deauthorize any unexpended, unencumbered or unprogrammed operating appropriations remaining at the end of the fiscal year.
(b) The Department shall provide a list of operating appropriations to be continued into the next fiscal year to include the following: 1) unprogrammed appropriations from prior years, and 2) unencumbered or unprogrammed appropriations from the immediately preceding fiscal year. The list shall be comprised of the accounting code, fiscal year and program description for each appropriation to be continued. The Department may request additional authority, on a project by project basis, during the fiscal year. Such requests shall be submitted to the Budget Director and Controller General for approval.
(c) For fiscal year ending June 30, 2000, any authorizations in the following accounts shall remain as continuing appropriations and shall not be subject to deauthorization until June 30, 2001:
Fiscal Year Appropriation |
Account Code |
Remarks |
1999 |
(55-01-01-68-00) |
Operations/Capital |
1999 |
(55-01-01-68-06) |
Environmental Contingency |
2000 |
(55-01-01-68-00) |
Operations/Capital |
2000 |
(55-01-01-68-15) |
Personnel Costs |
1997 |
(55-01-02-68-00) |
Operations/Capital |
1999 |
(55-01-02-68-00) |
Operations/Capital |
2000 |
(55-01-02-68-00) |
Operations/Capital |
2000 |
(55-01-02-68-15) |
Personnel Costs |
1999 |
(55-01-03-68-00) |
Operations/Capital |
2000 |
(55-01-03-68-00) |
Operations/Capital |
2000 |
(55-01-03-68-15) |
Personnel Costs |
1999 |
(55-02-01-68-01) |
Travel |
1999 |
(55-02-01-68-02) |
Contractual/Supplies |
1999 |
(55-02-01-68-03) |
Energy |
1999 |
(55-02-01-68-04) |
Capital Outlay |
2000 |
(55-02-01-68-01) |
Travel |
2000 |
(55-02-01-68-02) |
Contractual/Supplies |
2000 |
(55-02-01-68-03) |
Energy |
2000 |
(55-02-01-68-04) |
Capital Outlay |
2000 |
(55-02-01-68-15) |
Personnel Costs |
1995 |
(55-03-01-68-00) |
Operations/Capital |
1999 |
(55-03-01-68-00) |
Operations/Capital |
1998 |
(55-03-01-68-00) |
Contractual/Supplies |
2000 |
(55-03-01-68-00) |
Operations/Capital |
2000 |
(55-03-01-68-15) |
Personnel Costs |
1998 |
(55-04-01-68-00) |
Operations/Capital |
1999 |
(55-04-01-68-00) |
Operations/Capital |
2000 |
(55-04-01-68-00) |
Operations/Capital |
2000 |
(55-04-01-68-15) |
Personnel Costs |
2000 |
(55-04-40-68-15) |
Personnel Costs |
1999 |
(55-04-50-68-02) |
Contractual/Supplies |
1999 |
(55-04-50-68-04) |
Capital Outlay |
1999 |
(55-04-50-68-03) |
Energy |
1997 |
(55-04-50-68-02) |
Contractual/Supplies |
2000 |
(55-04-50-68-02) |
Contractual/Supplies |
2000 |
(55-04-50-68-03) |
Energy |
2000 |
(55-04-50-68-04) |
Capital Outlay |
2000 |
(55-04-50-68-15) |
Personnel Costs |
1999 |
(55-04-60-68-00) |
Operations/Capital |
2000 |
(55-04-60-68-00) |
Operations/Capital |
2000 |
(55-04-60-68-15) |
Personnel Costs |
1997 |
(55-04-70-68-02) |
Contractual/Supplies |
1998 |
(55-04-70-68-02) |
Contractual/Supplies |
1998 |
(55-04-70-68-03) |
Energy |
1998 |
(55-04-70-68-04) |
Capital Outlay |
1999 |
(55-04-70-68-02) |
Contractual/Supplies |
1999 |
(55-04-70-68-03) |
Energy |
1999 |
(55-04-70-68-04) |
Capital Outlay |
2000 |
(55-04-70-68-05) |
Storm Contingency |
2000 |
(55-04-70-68-02) |
Contractual/Supplies |
2000 |
(55-04-70-68-03) |
Energy |
2000 |
(55-04-70-68-04) |
Capital Outlay |
2000 |
(55-04-70-68-15) |
Personnel Costs |
1998 |
(55-04-80-68-00) |
Operations/Capital |
1999 |
(55-04-80-68-00) |
Operations/Capital |
2000 |
(55-04-80-68-00) |
Operations/Capital |
2000 |
(55-04-80-68-15) |
Personnel Costs |
1997 |
(55-04-90-68-00) |
Operations/Capital |
1997 |
(55-04-90-68-02) |
Contractual/Supplies |
1998 |
(55-04-90-68-02) |
Contractual/Supplies |
1998 |
(55-04-90-68-03) |
Energy |
1998 |
(55-04-90-68-04) |
Capital Outlay |
1999 |
(55-04-90-68-01) |
Travel |
1999 |
(55-04-90-68-02) |
Contractual/Supplies |
1999 |
(55-04-90-68-03) |
Energy |
1999 |
(55-04-90-68-04) |
Capital Outlay |
2000 |
(55-04-90-68-01) |
Travel |