reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 946. Condemnation.

§ 946. Condemnation.
Condemnation proceedings shall be instituted, in the names of the political subdivisions jointly, and the property acquired shall be held by the political subdivisions as tenants in common. Sections 905 and 906 of this title shall apply to such proceedings.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(9);  2 Del. C. 1953, §  946;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 947. Joint funds.

§ 947. Joint funds.
(a) For the purpose of providing funds for necessary expenditures in carrying out the joint operations, a joint fund shall be created and maintained, into which each of the political subdivisions involved shall deposit its proportionate share as provided by the joint agreement, such funds to be provided for by bond issues, tax levies and appropriations made by each political subdivision in the same manner as though it were acting separately under the authority of this chapter, and into which shall be paid the revenues obtained from the ownership, control and operation of the airports and other air navigation facilities jointly controlled, to be expended as provided in § 926 of this title. Revenues in excess of cost of maintenance and operating expenses of the joint properties shall be divided as provided in the original agreement for the joint venture.
(b) All disbursements from the joint fund shall be made by order of the board in accordance with such rules and regulations and for such purposes as the appointing governing bodies, acting jointly, shall prescribe.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(10), (11);  2 Del. C. 1953, §  947;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 948. Specific performance of joint agreements.

§ 948. Specific performance of joint agreements.
Specific performance of the provisions of any joint agreement entered into as provided for in § 943 of this title may be enforced as against any party thereto by the other party or parties thereto.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(12);  2 Del. C. 1953, §  948;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1302. Legislative findings and determinations.

§ 1302. Legislative findings and determinations.
(a) The General Assembly finds that:
(1) There is a continuing need to apply the resources of the State to implement plans for air, water, vehicular, public and specialized transportation in the State;
(2) There is a continuing need to implement such plans on a comprehensive and integrated basis for the benefit of all people in the State and the users of those facilities from other states in order to obtain an economical, efficient and unified system of air, water, vehicular, public and specialized transportation;
(3) There is a continuing need to provide methods for financing existing and future transportation facilities in the State to maintain and develop such economical transportation systems for the health, welfare, convenience and safety of the people of the State and the users of those facilities from other states; and
(4) Air, water, vehicular, public and specialized transportation facilities form a unified system of transportation because, among other reasons:
a. Such facilities, as a whole, contribute to the commerce of the State and unification of the planning for and financing of such facilities will increase the economic vitality of the State;
b. The use of 1 form of or facility for transportation will reduce congestion in the use of another form of or facility for transportation; and
c. The use of public and specialized transportation will reduce environmental pollution and conserve energy for the benefit of all users of transportation facilities and for the benefit of the people of this State and such unified system of transportation is of grave concern to the State.
(b) The General Assembly hereby determines that in order to remedy such conditions and to implement the purposes of this chapter, there shall be created an authority which shall be a body politic and corporate constituting a public instrumentality having the powers, duties and functions provided in this chapter; that the creation of the authority and the powers conferred on such authority under this chapter and the expenditure of moneys pursuant to this chapter constitute a valid public purpose and the performance of a valid public function; that the enactment of the provisions hereinafter set forth is in the public interest and for the public benefit and welfare and is hereby so declared to be as a matter of express legislative determination.
60 Del. Laws, c. 503, §  8;  62 Del. Laws, c. 164, §§  1, 2;  63 Del. Laws, c. 179, §  28;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1304. Established; Director.

§ 1304. Established; Director.
(a) There is hereby established a body corporate and politic, to be known as the “Delaware Transportation Authority.” The Authority shall be a public instrumentality of the State exercising public and essential governmental functions, and the exercise by the Authority of the powers conferred by this chapter is hereby determined to be an essential governmental function of the State in order to create an economical, efficient and unified system of air, water, vehicular, public and specialized transportation in the State. The exercise of power by the Authority pursuant to this chapter is hereby mandated by the State as sovereign, it being the intention of the State to displace competition with regulation or monopoly public service.
(b) All action by the Authority shall be taken by resolution of the Secretary, the Director of the Office of Financial Management and Budget and the Administrator of the Transportation Trust Fund.
(c) The Authority may be dissolved by an act of the General Assembly on condition that the Authority has no debts or obligations outstanding or that provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the Authority, all property, funds and assets thereof shall be vested in the State.
(d) The Authority shall make an annual report of its activities to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate of the General Assembly, the Controller General and the Auditor of Accounts. Each such report shall contain a complete operating and financial statement covering the Authority's operations during the past fiscal year of the Authority and shall include copies of the audits required to be obtained by the Authority pursuant to this chapter.
(e) No director, officer, employee or agent of the Authority shall be interested, either directly or indirectly, in any project or in any contract, sale, purchase, lease or transfer of real or personal property to which the Authority is a party. The existence of any such interest shall not affect the validity of bonds issued pursuant to this chapter.
(f) No director, officer, employee or agent of the Authority shall be deemed to have forfeited or shall forfeit any other state office or employment or any benefits or emoluments thereof by reason of acceptance of an office of the Authority or services therefor, subject to this chapter.
62 Del. Laws, c. 164, §§  1, 2;  69 Del. Laws, c. 435, §§  7, 8;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1305. Turnpike maintenance and operations.

§ 1305. Turnpike maintenance and operations.
The Authority is authorized to make appropriate provisions for the maintenance and operation of the Delaware Turnpike including, but not limited to, assignment of the responsibility for maintenance and operation by the Division of Highway Operations, subject however, to the requirement that at all times the Authority shall retain the ultimate responsibility for operation and maintenance of the Delaware Turnpike in accordance with the terms and conditions of any trust agreement with bondholders. The assignment of responsibilities for maintenance and operation of the Delaware Turnpike to an entity other than the Authority shall not include the authority to adjust in any manner charges, fares, fees, rentals and/or tolls.
62 Del. Laws, c. 164, §§  1, 2;  69 Del. Laws, c. 435, §  9;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1306. Aeronautics within the Department.

§ 1306. Aeronautics within the Department.
Administration of the laws of this State appearing in Chapters 1, 3, 5, 7 and 9 of this title shall be administered by the Office of Aeronautics within the Department. The Secretary of the Department may appoint a person of suitable qualifications to administer the Office of Aeronautics.
62 Del. Laws, c. 164, §§  1, 2;  69 Del. Laws, c. 435, §  10;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1314. Authorization of state highway projects.

§ 1314. Authorization of state highway projects.
(a) In order to assist the program of highway construction and reconstruction authorized in §§ 1312 and 1313 of this title, and in connection with the construction and reconstruction of the State's unified transportation system, the State hereby authorizes the issuance of $9,145,000 bonds by the State to which the State pledges its full faith and credit. Bonds authorized to be issued by this subsection shall mature not later than 20 years from their date of issuance. The proceeds of such bonds are hereby appropriated to the Department of Transportation for the purposes and in the amounts as set forth in the capital projects schedule attached to 62 Del. Laws, c. 164, and made a part thereof.
(b) In addition to such bonds, and in order to further assist such program of highway construction and reconstruction, the State hereby authorizes the issuance of $2,397,000 bonds by the State to which the State pledges its full faith and credit. Bonds authorized to be issued by this subsection shall mature not later than 10 years from their date of issuance. The proceeds of such bonds are hereby appropriated to the Department of Transportation for the following purposes and in the amounts as set forth in the capital projects schedule attached to 62 Del. Laws, c. 164, and made a part thereof.
(c) Bonds issued pursuant to this section shall be issued by the State pursuant to Chapter 74 of Title 29.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1315. Credit of State not pledged to Authority bonds.

§ 1315. Credit of State not pledged to Authority bonds.
Bonds issued by the Authority under this chapter shall not constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any such political subdivision, but such bonds, unless refunded by bonds of the Authority authorized by this chapter, shall be payable solely from funds and property pledged, assigned or available for their payment as specifically authorized in the resolution authorizing such bonds or in the trust indenture securing such bonds. All bonds shall contain on the face thereof a statement to the effect that the Authority is obligated to pay such bonds and the interest thereon only from revenues or other specifically pledged property, and that neither the State nor any political subdivision thereof is obligated to pay the bonds or the interest thereon and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds.
All expenses incurred in carrying out this chapter, other than for the issuance of general obligation bonds by the State, shall be payable solely from funds provided under this chapter and nothing in this chapter shall be construed to authorize the Authority to incur indebtedness or any liability on behalf of or payable by the State or any political subdivision thereof.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1316. Bonds as legal investments; legal deposit.

§ 1316. Bonds as legal investments; legal deposit.
Bonds issued pursuant to this chapter are securities in which all state officers and officers of political subdivisions, administrative departments, boards and commissions of the State, all banks, bankers, savings banks and institutions, building and loan associations, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital, belonging to them or within their control.
Such bonds are obligations which may properly and legally be deposited with and received by any officer of the State, or of any political subdivision or agency of the State, for any purpose for which the deposit of bonds or other obligations of the State is now, or may hereafter be, authorized by law.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1317. Revenues as trust funds; pledge or assignment of revenues; security interest.

§ 1317. Revenues as trust funds; pledge or assignment of revenues; security interest.
All moneys received pursuant to this chapter, whether as proceeds from sale of bonds, from grants or other contributions or other revenues, shall be trust funds, to be held and applied solely as provided in this chapter. A resolution authorizing the issuance of bonds and/or the execution and delivery of a trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof subject to such regulations as this chapter and such resolution or trust agreement may provide.
Any pledge or assignment of or other security interest in revenues and any other moneys, earnings, income, accounts, contract rights, general intangibles, instruments, chattel papers or other personal property, including motor fuel taxes, and annual motor carrier registration fees, made or created by the Authority shall be valid, binding and perfected from the time when such pledge, assignment or other security interest is created, without any physical delivery of the collateral or further act. The lien of any such pledge, assignment or other security interest shall be valid, binding and perfected as against all parties having claims of any kind in tort, contract or otherwise against the Authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge, assignment or other security interest is created nor any financing statement need be recorded or filed. This paragraph shall apply notwithstanding the Uniform Commercial Code.
62 Del. Laws, c. 164, §§  1, 2;  63 Del. Laws, c. 179, §  33;  63 Del. Laws, c. 387, §  42(g);
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1318. Certain contract with bondholders.

§ 1318. Certain contract with bondholders.
The State hereby pledges to and agrees with the holders of bonds issued pursuant to this chapter that the State will not limit or restrict the rights granted to the Authority by this chapter to construct, reconstruct, improve, extend, alter, modernize, repair, operate and maintain any transportation facilities, or to establish and collect such charges, fares, fees, rates, rentals and tolls as may be convenient or necessary to produce sufficient revenue to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this chapter or in any way impair the rights or remedies of the holders of such bonds until the principal of, premium, if any, and interest on such bonds are fully paid and discharged.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1319. Exemption from taxation.

§ 1319. Exemption from taxation.
The State covenants with the purchasers and with all subsequent holders, owners and transferees of bonds, in consideration of the acceptance of and payment for the bonds, that the bonds (which include interest thereon), and their transfer, shall be exempt from taxation by the State and its political subdivisions, except for estate, inheritance or gift taxes.
Notwithstanding the foregoing, the Authority may elect to issue bonds, the interest on which is subject to federal income taxation.
Any real or personal property of the Authority and all revenues of the Authority shall be exempt from any and all taxation by the State or any political subdivision thereof for any purpose.
62 Del. Laws, c. 164, §§  1, 2;  63 Del. Laws, c. 179, §  34;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1321. Limitation on jurisdiction of political subdivisions.

§ 1321. Limitation on jurisdiction of political subdivisions.
No political subdivision of the State shall exercise any power, authority or jurisdiction over property of the Authority including but not limited to the exercise of the police power or the exercise of the power of condemnation, without the consent of the Authority.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1322. Conveyance to Authority.

§ 1322. Conveyance to Authority.
Any political subdivision, agency, department or commission of the State, notwithstanding any contrary provision of law, may lease, grant or convey to the Authority any real property or rights in real property, including but not limited to public roads and other real property already devoted to public use, at the written request of the Authority, upon such terms and conditions as such political subdivision, agency, department or commission may deem reasonable and fair, without the necessity for any advertisement, court order or other action other than the adoption of a resolution of such agency, department or commission, or, in the case of a political subdivision, the adoption of an ordinance or resolution.
Notwithstanding the foregoing, no facilities of the Port of Wilmington, the Sussex County Airport, the Greater Wilmington Airport or the Wilmington Parking Authority may be leased, granted or conveyed to the Authority unless specifically authorized by an act of the General Assembly.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1323. Audit of books and accounts.

§ 1323. Audit of books and accounts.
The office of Auditor of Accounts shall cause an annual audit of the books and accounts of the Authority. The selection of a firm to perform the annual audit of the books and accounts of the Authority shall be mutually agreed upon by the office of the Auditor of Accounts and the Secretary who shall consult and cooperate with each other in the selection, contract, employment and scope of professional services to be rendered, provisions in Chapter 29 of Title 29 notwithstanding. The audit shall be performed by an independent firm of certified public accountants of recognized ability and standing and shall conform in all respects to the covenants contained in all trust agreements entered into by the Authority for the benefit of its bondholders. The Authority shall transfer funds, as requested by the office of Auditor of Accounts, to cover the cost of the audit.
62 Del. Laws, c. 164, §§  1, 2;  63 Del. Laws, c. 179, §  40;  69 Del. Laws, c. 434, §  1;  69 Del. Laws, c. 435, §  29;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1324. Damage to private property.

§ 1324. Damage to private property.
All private property damaged or destroyed in the exercise by the Authority of the powers granted by this chapter shall either be restored or repaired and placed in its condition prior to such damage or destruction, as nearly as practicable, or adequate compensation made therefor, as determined solely by the Authority from funds available to the Authority.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1325. Employees of the Delaware Transit Corporation and subsidiaries.

§ 1325. Employees of the Delaware Transit Corporation and subsidiaries.
The Director and Deputy Director of the Delaware Transit Corporation shall be exempt from Chapter 59 of Title 29, as amended. All employees of any public or specialized transportation subsidiary, including persons directly employed by the Delaware Transit Corporation, and any other subsidiaries created pursuant to this chapter, shall also be exempt from the provisions of Chapter 59 of Title 29, as amended. Except as otherwise provided herein, such employees shall not be considered state employees for purposes of wages, salaries, fringe benefits or for purposes of any other benefits which may accrue to state employees whether exempt or merit employees, including benefits that may accrue under Executive Order No. 36 dated November 23, 1977. Such employees shall be considered state employees for the purposes of participating in the group medical insurance, workers' compensation and deferred compensation plans available to state employees. Participation in, and the terms of, medical insurance, workers' compensation and deferred compensation programs available through the State shall not be a subject of collective bargaining.
60 Del. Laws, c. 503, §  8;  62 Del. Laws, c. 164, §§  1, 2;  67 Del. Laws, c. 77, §  1;  68 Del. Laws, c. 99, §  1;  69 Del. Laws, c. 435, §  30;  74 Del. Laws, c. 68, §  236;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1325A. Status of former DTA employees.

§ 1325A. Status of former DTA employees.
Any employee of the Delaware Transportation Authority as of June 30, 1994, and retaining merit system status at that time who is transferred to the Delaware Transit Corporation before August 31, 1995, shall be deemed to be employed by the State in the classified service with all the benefits accrued as a merit employee as of July 31, 1995, notwithstanding any provision of § 1325 of this title to the contrary.
70 Del. Laws, c. 118, §  240;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1326. John F. Kennedy Memorial Highway.

§ 1326. John F. Kennedy Memorial Highway.
The Delaware Interstate Highways 295 and 95 leading from the Delaware Memorial Bridge to the Maryland state line shall be known as the “John F. Kennedy Memorial Highway.” The Authority shall cause to be erected suitable signs or markers to inform the public of the name of such highway.
62 Del. Laws, c. 164, §§  1, 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1327. Operation of service stations.

§ 1327. Operation of service stations.
The Authority may lease a retail fuel outlet or service station to a manufacturer of petroleum products. The manufacturer, its subsidiary or agents may operate such outlet or service station notwithstanding § 2905 of Title 6 [repealed], as amended.
62 Del. Laws, c. 164, §§  1, 2;  77 Del. Laws, c. 394, §  4;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1328. Application of state Freedom of Information Act.

§ 1328. Application of state Freedom of Information Act.
(a) The Authority and its subsidiaries shall be subject to all applicable provisions of the state Freedom of Information Act, Chapter 100 of Title 29.
(b) Written or recorded information concerning employee addresses, work sites, times of travel, salary and other information of a personal nature, having been provided or to be provided by employers working with the Department to develop transportation programs or projects, shall be treated as confidential and shall not be considered as a public record under Chapter 100 of Title 29.
62 Del. Laws, c. 164, §§  1, 2;  69 Del. Laws, c. 435, §  31;  70 Del. Laws, c. 402, §  2;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1329. Liability of Authority.

§ 1329. Liability of Authority.
(a) Any operation, service or program provided by the Delaware Transportation Authority or under its auspices not covered by a general liability policy, self-insurance or other insurance policy as shall be legally established and funded by said Authority shall be covered and protected by the doctrine of sovereign immunity of the State which shall be applicable not only to the Authority but to each of its agencies, administrations, subsidiaries and each of their respective officers and employees; which immunity shall apply to and against any lawsuit or liability arising from any such operation, service or program, except as specifically excepted under this section. No legal or equitable action seeking damages as a result of any operation, service or program described in the preceding sentence shall be permitted or damages recovered except as such activity is and shall be covered by an insurance program procured in accordance with law and for which adequate funding is available. In the event that insurance has been provided, such claim, including any award for damages or costs assessed against the Authority, its administrations, subsidiaries, officers or employees either individually or on behalf of their employer shall not exceed the amount of said insurance covering the risk or loss or the amount of $1,000,000 whichever amount shall be the lesser for any and all claims arising out of a single occurrence.
(b) For fiscal years beginning July 1, 1997, and thereafter, the annual budget of the Delaware Transit Corporation shall include funding for an insurance program as described in subsection (a) of this section. This insurance program may be provided by either (1) a combination of self-insurance and commercially procured insurance, or (2) entirely commercially procured insurance. The monetary limits of § 1329(a) of this title shall apply to passenger rail carrier operations authorized under § 1332 of this title. For all other operations of the Delaware Transit Corporation, the monetary limits of § 1329(a) of this title shall not apply, and the Corporation shall instead be liable for the amount of its insurance covering the risk or loss; provided, however, that the insurance program shall provide a minimum coverage of $1,000,000 for any and all claims arising out of a single occurrence and $1,000,000 for uninsured and underinsured insurance for any and all claims arising out of single occurrence.
66 Del. Laws, c. 360, §  68;  71 Del. Laws, c. 215, §  1;  72 Del. Laws, c. 160, §  1;  83 Del. Laws, c. 464, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1330. Limitation of actions to recover payments erroneously or illegally collected by the Authority.

§ 1330. Limitation of actions to recover payments erroneously or illegally collected by the Authority.
No action or claim that is otherwise permitted against the State or an agency or authority of the State to recover any charges, fares, fees, rentals or tolls or other payments erroneously or illegally collected by or paid to the Authority may be commenced or otherwise asserted after expiration of 1 year from the earlier of:
(1) The date of the payment; or
(2) The date the payment was required to be made.
68 Del. Laws, c. 156, §  55(f);
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1331. Motor fuel tax.

§ 1331. Motor fuel tax.
The provisions of Chapters 51 and 52 of Title 30 and Chapter 29 of Title 6 shall be administered by the Department of Transportation in the Office of Motor Fuel Tax. The Director of the Office of Motor Fuel Tax shall be transferred to the Department of Transportation and, notwithstanding any provision of § 1325 of Title 2 to the contrary shall be deemed to be employees of the State in the classified service with all the benefits accrued as merit employees as of July 1, 1992.
68 Del. Laws, c. 290, §  189;  69 Del. Laws, c. 435, §  32;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1332. Passenger rail carriers.

§ 1332. Passenger rail carriers.
(a) The General Assembly has determined as a matter of public policy that it is in the best interests of the citizens of Delaware to apply a limitation of liability for any passenger rail carrier, not otherwise protected under State law, in order to financially enable the Authority acting through the Delaware Transit Corporation and such rail carriers to provide such service. No legal or equitable action seeking damages for personal injury or death as a result of any operation, service or program shall be permitted, maintained or recovered against the owner and/or operator of passenger rail service within State boundaries which has contracted with the Authority acting through the Delaware Transit Corporation to provide such service except as otherwise indicated herein.
(b) It is the expressed intent of the General Assembly, as a matter of public policy, to extend the immunity of the State to all owners and operators of rail facilities and/or providing such rail operations pursuant to an agreement with the Delaware Transportation Authority acting through the Delaware Transit Corporation specifically referencing this section. Any such waiver of immunity from lawsuit or liability whether by operation of law or contract shall be strictly limited to the terms of this section.
(c) The Delaware Transportation Authority acting through the Delaware Transit Corporation is expressly given authority to contract with 1 or more rail service operators hereinafter referred to as “contractors” to maintain and operate rail service between points in Pennsylvania and Delaware, within Delaware and/or between points in Maryland and Delaware, and to indemnify and save harmless said contractors from any and all liability to the extent such indemnification shall be covered by insurance either through a commercially procured policy or through a self-insurance fund as shall be determined by the Authority acting through the Delaware Transit Corporation and approved by the General Assembly and in conformance with § 1329 of this title. For the purposes of this section, rail service operators shall include but not be limited to SEPTA (Southeastern Pennsylvania Transportation Authority), AMTRAK (National Railroad Passenger Corporation), MARC (Mass Transit Administration, Maryland Commuter Rail) and CONRAIL (Consolidated Rail Corporation).
69 Del. Laws, c. 77, §  68;  69 Del. Laws, c. 435, §  33;
2023 Delaware Code › Title 2 - Transportation › Chapter 13. DELAWARE TRANSPORTATION AUTHORITY › § 1335. Maintaining adequate supplies of road materials [Operation of this statute was suspended by 84 Del. Laws, c. 83, § 111].

§ 1335. Maintaining adequate supplies of road materials [Operation of this statute was suspended by 84 Del. Laws, c. 83, § 111].
(a) Legislative findings. — The General Assembly finds that the interests of the State are not well served when its ability to obtain a ready supply and competitive prices for critical materials used in its transportation projects, such as asphalt and concrete, is impeded due to the consolidation of ownership of facilities for the processing and/or manufacture of such materials in specific geographic areas. This situation has arisen in Kent and Sussex Counties, and may potentially occur in New Castle County. Therefore, the General Assembly determines that the State should be empowered to enter into appropriate arrangements to reduce the impacts of these consolidations.
(b) Any provision of the Delaware Code notwithstanding, the Department of Transportation is hereby authorized and directed to develop and implement a program to obtain a ready supply of critical road-building materials, including but not limited to asphalt and/or concrete, for its highway construction and reconstruction projects. This program may include the acquisition of land, raw materials, and equipment to operate facilities for the processing and manufacture of road materials. The Department may also contract with private entities for the operation of such facilities, pursuant to Chapter 69 of Title 29.
(c) The provisions of §§ 1309, 1319, 1321, and 1329 of this title shall apply to the Department's actions pursuant to this section, including any contractual arrangements for these facilities, as if conducted under the auspices of the Delaware Transportation Authority, except that during its planning process the Department shall meet and confer with the land use officials in the county in which such facilities will be located, to obtain their comments on the proposal.
(d) Notwithstanding subsection (c) of this section, the authorities granted to the Department in aforementioned section, the Department shall not contract for any additional capacity with a private firm or firms without first securing the approval of the State Representative and Senator in whose legislative districts the proposed road materials facility would be located.
74 Del. Laws, c. 308, §  109;  76 Del. Laws, c. 288, §  101;  77 Del. Laws, c. 87, §  92;  77 Del. Laws, c. 329, §  100;  78 Del. Laws, c. 76, §  103;  78 Del. Laws, c. 292, §  88;  79 Del. Laws, c. 79, §  98;  79 Del. Laws, c. 292, §  106;  80 Del. Laws, c. 78, §  106;  80 Del. Laws, c. 299, § 96;  81 Del. Laws, c. 59, § 97;  81 Del. Laws, c. 303, § 100;  82 Del. Laws, c. 86, § 96;  82 Del. Laws, c. 244, § 103;  83 Del. Laws, c. 56, § 114;  83 Del. Laws, c. 340, § 112;  84 Del. Laws, c. 83, § 111;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1401. Title.

§ 1401. Title.
This chapter shall be known as the “Transportation Trust Fund Act.” The word “chapter,” as used herein, means this Transportation Trust Fund Act. The phrase “transportation system,” as used herein, shall mean all modes and methods of transporting people and goods on land, in the air or on water; provided, however, that no facility of the Greater Wilmington Airport owned by New Castle County, the Sussex County Airport owned by Sussex County, the Port of Wilmington owned by the City of Wilmington or any facility of the Wilmington Parking Authority may be acquired by the Authority unless specifically authorized to do so by an act of the General Assembly.
66 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1402. Legislative findings and determinations.

§ 1402. Legislative findings and determinations.
(a) The General Assembly hereby reaffirms all the findings made by the General Assembly in § 1302(a) of this title.
(b) The General Assembly further finds, that, in addition to the creation of the Delaware Transportation Authority and the grant of powers to the Authority by Chapter 13 of this title, there is a growing urgency to provide additional means to finance the maintenance and development of the integrated highway and air and water transportation system in the State for the economic benefits of the State and for the welfare and safety of the users of this transportation system.
(c) The General Assembly hereby determines that in order to provide additional means to finance this transportation system for the benefit of the State and the users of this transportation system, there shall be created a Transportation Trust Fund in the Authority and the Authority shall be granted the following powers, duties and functions relating to the management and disposition of receipts in the Transportation Trust Fund; and that the powers, duties and functions conferred on the Authority by this chapter constitute a valid public purpose and are necessary and proper for the purposes to be achieved by the Authority under this chapter; and that the expenditure of funds authorized by this chapter are for a valid public purpose and public use.
66 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1407. Pledge of revenues.

§ 1407. Pledge of revenues.
In addition to the provisions of the 2nd paragraph of § 1317 of this title, which paragraph shall apply to bonds issued by the Authority under this chapter, it is hereby declared that neither the resolution nor any other instrument by which a pledge of revenues, moneys or funds is created need be filed or recorded except in the records of the Authority.
66 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1409. No alteration of rights.

§ 1409. No alteration of rights.
The State does hereby pledge to and covenant and agree with the holders of any bonds issued or incurred pursuant to the authorization of this chapter that the State will not limit or alter the rights or powers hereby vested in the Authority in any way that would jeopardize the interest of the holders or inhibit or prevent performance or fulfillment by the Authority of the terms of any agreement made with the holders of the bonds or prevent the Authority from obtaining sufficient revenues which, together with other available funds, shall be sufficient to meet all expenses of the Authority and fulfill the terms of any agreement made with the holders of the bonds together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, or from receiving payment of funds as provided in any agreement, until the bonds together with interest and premium, if any, thereon, are fully met and discharged or provided for. The failure of the State to appropriate moneys for any purpose of this chapter shall not be deemed or construed to be a violation of this section. However, the laws authorizing the imposition of taxes or fees, the pledge of those taxes and fees to the Authority and the transfer of those taxes and fees to the Authority shall not be repealed and those taxes and fees shall not be reduced or adversely altered until bonds secured by such taxes or fees are paid or provisions for their payment is made. The State shall have no obligation to increase such taxes or fees to meet payments of principal, premium, if any, or interest on any bonds. Neither the use of the Authority's assets for the purposes of this chapter nor the existence of the Authority shall be terminated for any reason prior to the time the principal of, premium, if any, and interest on any bonds of the Authority have been paid or adequate provision for their payment has been made notwithstanding any provision to the contrary if any, in Chapter 102 of Title 29.
66 Del. Laws, c. 87, §  1;  66 Del. Laws, c. 360, §  49;  67 Del. Laws, c. 285, §  56(g);
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1410. Bonds as legal investments.

§ 1410. Bonds as legal investments.
The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds issued pursuant to this chapter, and the bonds shall be authorized security for any and all public deposits.
66 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1411. Property exempt from taxation.

§ 1411. Property exempt from taxation.
All property of the Authority is declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any political subdivision. All bonds issued pursuant to this chapter are hereby declared to be issued by a body corporate and politic of the State and for an essential public and governmental purpose and the bonds, and the interest thereon and the income therefrom, whether or not the interest on the bonds is subject to federal income taxation, and all funds, revenues, income and other moneys received or to be received by the Authority and pledged or available to pay or secure the payment of the bonds, or interest thereon, shall at all times be exempt from taxation by the State, or any political subdivision, except for transfer, inheritance and estate taxes.
66 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1412. Applicable provisions of Chapter 13.

§ 1412. Applicable provisions of Chapter 13.
All provisions of Chapter 13 of this title, not inconsistent with the provisions of this chapter, unless excepted herein, shall be applicable to the Authority and its bonds issued pursuant to this chapter, including, without limitation, §§ 1303, 1305, 1309 and 1320-1328, inclusive, of this title.
66 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1413. Transfers from road improvement fund.

§ 1413. Transfers from road improvement fund.
Notwithstanding § 1310(c)(11) of this title, available money in the road improvement fund shall be transferred periodically to the Transportation Trust Fund at the times and in the manner such money was previously transferred to a special fund of the State.
66 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1415. Transfers of motor fuel tax revenues.

§ 1415. Transfers of motor fuel tax revenues.
Notwithstanding § 1310(c)(8) of this title, the Authority shall not transfer or disburse available money in the Motor Fuel Tax Reimbursement Fund to the General Fund of the State. The Authority shall reimburse the State from the Transportation Trust Fund an amount equal to the refunds payable by the State on motor fuel taxes pursuant to §§ 5120 and 5214 of Title 30, as amended.
66 Del. Laws, c. 87, §  1;  66 Del. Laws, c. 360, §  49;  67 Del. Laws, c. 46, §  52;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1416. Transfer of motor carrier registration fees.

§ 1416. Transfer of motor carrier registration fees.
Notwithstanding § 1310(c)(9) of this title, the Authority shall not transfer available money in the motor carrier registration reimbursement fund to the General Fund of the State and shall not otherwise be required to reimburse the State for motor carrier registration fees.
66 Del. Laws, c. 87, §  1;  66 Del. Laws, c. 360, §  49;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1417. Budget of Authority.

§ 1417. Budget of Authority.
The expenditures of the Authority from the Transportation Trust Fund, including expenditures required to be made by resolutions or trust agreements made or to be made by the Authority, shall be approved annually by the General Assembly. The obligations under any such resolution or trust agreement shall be met solely from motor fuel taxes, motor vehicle document fees, motor vehicle registration fees, motor carrier road use taxes and registration fees, the moneys transferred or disbursed to the Transportation Trust Fund under §  307 of Title 21, receipts and revenues derived from the Delaware Turnpike and any other receipts and revenues of the Authority pledged and assigned to the holders of bonds of the Authority. The budget for capital and operating expenditures of the Authority payable from the Transportation Trust Fund shall be presented annually by the Authority to the General Assembly. If the General Assembly does not approve the operating budget of the Authority before July 1 for the year such budget is submitted, the operating budget, as submitted to the General Assembly, shall be deemed adopted by the Authority until such time as the budget is approved by the General Assembly, provided that the operating expenditures of the Authority shall not exceed similar expenditures of the Authority for the year before the budget year by more than a factor equal to the Consumer Price Index as defined in §  1320(f) of this title. Any obligations incurred by the Authority under an operating budget deemed adopted by the Authority shall be binding on the Authority. Failure by the General Assembly to approve the capital or operating budget of the Authority shall not affect or impair the obligation of the Authority to meet its obligations to holders of outstanding bonds. The provisions of Chapter 84 of Title 29, including the establishment of priorities for spending state funds, shall apply to available money and bonding capacity in the Transportation Trust Fund for highway projects. The Authority's annual budget as prepared and approved shall reflect that a significant objective of this chapter is to achieve adequate funding and predictable implementation of the Department of Transportation's Capital Transportation Program and other needs of the transportation system.
66 Del. Laws, c. 87, §  1;  66 Del. Laws, c. 360, §  49;  67 Del. Laws, c. 46, §  54;  67 Del. Laws, c. 285, §  56(i);  83 Del. Laws, c. 37, § 31;
2023 Delaware Code › Title 2 - Transportation › Chapter 14. TRANSPORTATION TRUST FUND › § 1418. Deauthorization of funds.

§ 1418. Deauthorization of funds.
Any funds authorized in a bond and capital improvements act for the Community Transportation Fund but not designated to a specific transportation project by June 30 of the third fiscal year of the appropriation shall be deauthorized; however, no such funds shall be deauthorized prior to July 1, 2005.
69 Del. Laws, c. 77, §  62;  73 Del. Laws, c. 95, §  84(e)(1);  73 Del. Laws, c. 350, §  85;