AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO STATE AID TO MUNICIPALITIES FOR STREETS.

Legislation Document

SPONSOR:

Rep. Ortega & Sen. Hansen

Reps. Heffernan, Morrison, Romer; Sens. Hoffner, Sokola, Sturgeon

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 426

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO STATE AID TO MUNICIPALITIES FOR STREETS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 5162, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5162. Appropriations paid through State Treasurer.

(b) When deemed in full compliance with the provisions of § 5165(b) of this title, including the annual submission of an affidavit

or electronic submission using a unique identifier

that will certify the municipality’s boundary, mileage and population totals, the State Treasurer is authorized to process payments to municipalities in the following manner:

(1) Recipients of municipal street aid whose total fiscal year share is $50,000 or less shall be paid 1 lump-sum in August.

(2) Recipients of municipal street aid whose total fiscal year share is greater than $50,000 but not more than $200,000 shall be paid in 2 equal installments, 1 in August and the other in January.

(3) Recipients of municipal street aid whose total fiscal year share exceeds $200,000 shall be paid in 4 equal installments, 1 each in August, October, January and April of each year.

Section 2. Amend § 5165, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5165. Expenditures of funds by municipalities; records, audits and regulations of municipalities.

(b) Each municipality

shall:

must do all of the following:

(1) Furnish evidence annually to the State Treasurer that the municipal employees authorized to expend municipal street aid funds are bonded in an amount as may be required by the charter of the

municipality;

municipality.

(2) In a form prescribed by the State Treasurer, submit an accurate and complete annual report not later than August 15 of each year to the State Treasurer

and the Department of Transportation

showing expenditures of municipal street aid funds for the preceding fiscal year ended June 30. Such form shall itemize each expenditure as represented on said form as “Other expenditures”. Payment for the current fiscal year will not be issued until the report for the preceding fiscal year has been received by the State Treasurer’s

Office;

Office.

(3) Award contracts for street improvements which shall be in accordance with the provisions of Chapter 69 of Title 29, and any applicable specifications of the Department of

Transportation;

Transportation.

(4) On or before May 15 of each year, file with the Department of Transportation an

electronic submission using a unique identifier by, or an

affidavit signed

by

by,

the mayor, city

manager

manager,

or president of the council of the municipality, setting

forth:

forth all of the following:

a. The population of the municipality, based on the latest official estimate prepared by either the United States Bureau of the Census or the Delaware Population Consortium. For purposes of this subchapter, the population of a municipality can be adjusted between the latest decennial census, the latest official estimate prepared by either the United States Census Bureau or the Delaware Population Consortium by providing proof of new dwelling construction through “certificate of occupancy.” The population of the municipality which is a summer resort shall be deemed to include all property owners entitled to vote in a municipal

election; and

election.

b. A tabulation of streets added during the past fiscal year which are dedicated to public use and maintained by their municipal forces. Said tabulations should include street names, starting and ending points, and length in feet or miles, and be accompanied by a map indicating location of any new streets.

SYNOPSIS

This Act removes the requirement that certain reports to the State Aid to Municipalities for Streets Program be notarized and printed and permits reports to be submitted by electronic submission with a unique identifier. This Act also requires that the annual report that is submitted to the State Treasurer also be submitted to the Department of Transporation.