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SPONSOR: Rep. Ortega & Sen. Hansen
Reps. Heffernan, Morrison, Romer; Sens. Hoffner,
Pettyjohn, 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:
1 Section 1. Amend § 5162, Title 30 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 5162. Appropriations paid through State Treasurer.
4 (b) When deemed in full compliance with the provisions of § 5165(b) of this title, including the annual submission
5 of an affidavit or electronic submission using a unique identifier that will certify the municipality’s boundary, mileage and
6 population totals, the State Treasurer is authorized to process payments to municipalities in the following manner:
7 (1) Recipients of municipal street aid whose total fiscal year share is $50,000 or less shall be paid 1 lump-sum
8 in August.
9 (2) Recipients of municipal street aid whose total fiscal year share is greater than $50,000 but not more than
10 $200,000 shall be paid in 2 equal installments, 1 in August and the other in January.
11 (3) Recipients of municipal street aid whose total fiscal year share exceeds $200,000 shall be paid in 4 equal
12 installments, 1 each in August, October, January and April of each year.
13 Section 2. Amend § 5165, Title 30 of the Delaware Code by making deletions as shown by strike through and
14 insertions as shown by underline as follows:
15 § 5165. Expenditures of funds by municipalities; records, audits and regulations of municipalities.
16 (b) Each municipality shall: must do all of the following:
17 (1) Furnish evidence annually to the State Treasurer that the municipal employees authorized to expend
18 municipal street aid funds are bonded in an amount as may be required by the charter of the municipality; municipality.
19 (2) In a form prescribed by the State Treasurer, submit an accurate and complete annual report not later than
20 August 15 of each year to the State Treasurer and the Department of Transportation showing expenditures of municipal
21 street aid funds for the preceding fiscal year ended June 30. Such form shall itemize each expenditure as represented on
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22 said form as “Other expenditures”. Payment for the current fiscal year will not be issued until the report for the
23 preceding fiscal year has been received by the State Treasurer’s Office; Office.
24 (3) Award contracts for street improvements which shall be in accordance with the provisions of Chapter 69
25 of Title 29, and any applicable specifications of the Department of Transportation; Transportation.
26 (4) On or before May 15 of each year, file with the Department of Transportation an electronic submission
27 using a unique identifier by, or an affidavit signed by by, the mayor, city manager manager, or president of the council
28 of the municipality, setting forth: forth all of the following:
29 a. The population of the municipality, based on the latest official estimate prepared by either the United
30 States Bureau of the Census or the Delaware Population Consortium. For purposes of this subchapter, the
31 population of a municipality can be adjusted between the latest decennial census, the latest official estimate
32 prepared by either the United States Census Bureau or the Delaware Population Consortium by providing proof of
33 new dwelling construction through “certificate of occupancy.” The population of the municipality which is a
34 summer resort shall be deemed to include all property owners entitled to vote in a municipal election; and election.
35 b. A tabulation of streets added during the past fiscal year which are dedicated to public use and
36 maintained by their municipal forces. Said tabulations should include street names, starting and ending points, and
37 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.
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