2 DE Code § 1320. (2021)
2021 Delaware Code|Title 2 - Transportation|Chapter 13. Delaware Transportation Authority|§ 1320. Special provisions relating to Delaware Turnpike.

§ 1320. Special provisions relating to Delaware Turnpike. (a) The Authority and the State shall always maintain and keep in good condition and operating repair the Delaware Turnpike. (b) The Authority may provide or make provision for an adequate police force to enforce the laws of the State and the rules and regulations established by the Authority and governing the use of the Delaware Turnpike. (c) Any operator of a vehicle using the Delaware Turnpike who refuses to pay the toll prescribed by the Authority, or who evades or attempts to evade payment of the toll prescribed by the Authority, may be arrested without a warrant. The fine for such offense shall be not less than $10 and not more than $100 in addition to costs. (d) The Authority may incorporate in the Delaware Turnpike as an integral part thereof any existing state highway or bridge or any partially completed state highway or bridge which it may deem necessary, provided that such incorporation shall not impair the right of the Authority to impose tolls on the Delaware Turnpike. (e) If any property other than money which has been abandoned, mislaid or lost on the premises of the Delaware Turnpike comes into the possession of the Authority and remains unclaimed in the possession of the Authority for a period of 120 days, the Authority may sell the property at public auction after notice of such sale has been published for 3 successive weeks in a newspaper with general circulation in the county where such property was recovered. The net proceeds of sale, after deducting the cost of storage and the expenses of the sale, and all money unclaimed for such 120 day period, shall be paid into and become the property of the Authority. If, in the opinion of the Authority, any property so abandoned, mislaid or lost, which comes into the possession of the Authority and remains unclaimed in its possession for a period of 120 days, is of value of $10 or less, the Authority may donate the same to a charitable organization without offering such property for sale. (f) A budget for each fiscal year of the Authority shall be prepared by the Authority and submitted to the General Assembly at the same time the State prepares and submits its annual budget appropriation bill to the General Assembly. The annual budget shall show, among other things, the operating expenses of the Authority for each subsidiary, and the estimated amount required to be deposited in various funds created by any resolution pursuant to which bonds have been issued or any trust indenture securing such bonds, including but not limited to an operating fund. The budget shall be approved by the General Assembly before its adoption by the Authority. In approving the budget of the Authority, the General Assembly shall not:  (1) Approve an amount for operating expenses of the Delaware Turnpike less than the amount actually incurred as operating expenses for the Delaware Turnpike in the last prior fiscal year of the Authority, plus an inflation factor equal to the United States Consumer Price Index (CPI) or successor indices, annualized at November of the year prior to the year for which such budget is prepared, unless the budget prepared by the Authority requests a lesser amount. (2) Approve an amount for application to pay debt service on bonds and an amount to meet any debt service reserve fund requirement less than the amounts required, by any resolution of the Authority pursuant to which bonds of the Authority are issued or pursuant to a trust indenture pursuant to which bonds are secured, to pay debt service on bonds and to meet any debt service reserve requirements. If the General Assembly does not approve the budget of the Authority prior to July 1 for the year such budget is submitted, the budget, as submitted to the General Assembly, shall be adopted by the Authority until such time as a budget is approved by the General Assembly. Any obligations incurred by the Authority pursuant to an adopted budget shall be binding. (g) The State or the Authority shall neither make nor authorize any appropriation or expenditure of money that would impair the right or power of the Authority to impose tolls on the Delaware Turnpike. (h) The Authority shall operate only 1 barrier facility on the main line of the Delaware Turnpike for the collection of tolls, and it shall be located on the Delaware Turnpike at or near the boundary between the State and the state of Maryland. The Authority may also operate toll collection facilities for all vehicles other than 2-axle vehicles at such points along the Delaware Turnpike and/or the interstate within Delaware which the Authority shall determine. (i) The Authority shall, upon request, furnish a user of the Delaware Turnpike a receipt showing the amount of the toll paid, the classification of the vehicle, the date the toll was paid and the name of the Authority. 62 Del. Laws, c. 164, §§  1, 2;  63 Del. Laws, c. 179, §  35;  65 Del. Laws, c. 385, §  11;  69 Del. Laws, c. 435, §  28;