CHAPTER 554

FORMERLY HOUSE BILL

NO. 943

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY AND TO ISSUE BONDS AND NOTES THEREFOR; AND APPROPRIATING THE FUNDS THUS OBTAINED TO THE DELAWARE CODE REVISORS FOR THE PURPOSE OF COMPLETELY RECODIFYING THE DELAWARE CODE ANNOTATED.

WHEREAS, the present Delaware Code has become increasingly difficult to use effectively because of the vast size of separate pocket parts and in some cases supplementary pocket parts to existing pocket parts; and

WHEREAS, at the close of recent General Assemblies the legislative, executive and judicial branches as well as the legal profession have found it increasingly difficult to obtain the up-dated pocket parts and, in fact, did not receive the pocket parts containing laws passed by the 125th General Assembly until June 28, 1971, one year after the close of the preceding session; and

WHEREAS, the accumulation of pocket parts, supplements and other volumes to the Code and the long delay before they are received has made it increasingly more difficult for legislators and others to draft bills accurately and has made the administration of justice more difficult; and

WHEREAS, in purchasing pocket parts from the publisher the State paid $27.50 per set at the close of the 124th General Assembly which price was increased by the publisher to $65.50 per set at the close of the 125th General Assembly, with the probability of further increase in the future to $100.00 per set; and

WHEREAS, the publishers of the three largest legal publishing houses have been personally interviewed at length and have agreed to submit estimates for a complete reannotation, revision and recodification of the Delaware Code in essentially the same format with the State retaining all copyrights; and

WHEREAS, the passage in recent years of large pieces of major legislation such as executive reorganization, the commercial code and other legislation in the fields of insurance, taxes and social services and the proposed legislation concerning a new constitution, a new criminal code and landlord-tenant relationships have made it essential that the complete recodification of the Delaware Code be accomplished as soon as possible.

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware ( three-fourths of all the members elected to each house thereof concurring therein):

Section 1. There is hereby appropriated to the Code Revisors of the State of Delaware the sum of two hundred and fifty thousand dollars ($250,000) or so much thereof as may be necessary for carrying out purposes of this Act, which money shall be used for the purposes set forth in Section 6 of this Act.

Section 2. None of the funds appropriated by this Act shall be expended before July 1, 1972. None of the funds appropriated by this Act shall be expended after June 30, 1975.

Section 3. The sum of two hundred and fifty thousand dollars ($250,000) or so much thereof as may be necessary for carrying out the purposes of this Act shall be borrowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chapter 74, Title 29 of the Delaware Code, and Chapter 75, Title 29 of the Delaware Code, where applicable.

Section 4. There is hereby appropriated from the General Fund of the State of Delaware such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein authorized, and such further sums as may be necessary to pay any interest which becomes due on such bonds and notes during the current fiscal year and such further sums as may be necessary for the repayment of the principal of any of the said bonds which become due during the current fiscal year. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and re-payment of said notes shall

be signed by the Secretary of State by and with the approval of the Issuing Officers. Any funds received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.

Section 5. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act and for each subsequent fiscal year or biennium, shall contain under the Debt Service Appropriation provisions for the payment of interest and principal maturities of the bonds (or notes which are not to be funded by the issuance of bonds) issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by Constitutional provisions or committed by preceeding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon.

Section 6. The sum of two hundred and fifty thousand dollars ($250,000) and any funds subsequently appropriated for this purpose, is hereby appropriated to the Delaware Code Revisors for the purpose of obtaining a complete recodification of the Delaware Code Annotated.

Approved July 20, 1972.