CHAPTER 205

FORMERLY

SENATE SUBSTITUTE NO. 1

TO SENATE BILL NO. 194

AN ACT TO AMEND TITLE 14 AND TITLE 29, DELAWARE CODE ANNOTATED, AS THE SAME REFER TO SCHOOL CONSTRUCTION, CAPITAL IMPROVEMENTS, PROVISION OF BUILDING SPACE FOR STATE AGENCIES, AND FUNDING AND PAYMENT PROCEDURES FOR SUCH IMPROVEMENTS AND SPACE, AND THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE STATE DEPARTMENT OF ADMINISTRATIVE SERVICES WITH REFERENCE THERETO.

WHEREAS, the cost of construction of buildings for use by Education and by other State agencies is a large part of the total of public expenditures in the State; and

WHEREAS, Action Force on School Construction Costs in Delaware, authorized by the General Assembly, has reported on Recommendations for Reducing School Construction Costs in the State of Delaware.

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. §121, Title 14, Delaware Code, is amended by adding thereto a new subsection to be designated as subsection (13), to read as follows:

"(13) The general supervision of design of educational facilities by:

(a) establishing and applying evaluative criteria to all stages in the design of proposed educational facilities;

(b) analyzing and researching design factors as they relate to educational effectiveness;

(c) recommending to local districts matters dealing with educational design.

Section 2. §1708(a), Title 14, Delaware Code, is amended by adding to Division II. A. of the form of appropriations:

"3. Share of annual rental on a 60% State/40% local basis for education facilities leased or rented in lieu of construction."

Section 3. §1716, Title 14, Delaware Code, is amended by striking said section in its entirety.

Section 4. §2116(e), Title 14, Delaware Code, is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection (e), to read as follows:

"(e) The Secretary of Finance is hereby authorized and directed to draw warrants or drafts on such fund in the amount of the principal of and interest on such bonds or other obligations as the same shall become due and payable, and to deposit such money, so drawn, to the credit of the General Fund of the State. Warrants or drafts on the said fund may also be drawn for the purpose of paying school construction costs as authorized by referenda pursuant to 29 Delaware Code, §7506A."

Section 5. Chapter 69, Title 29, Delaware Code, is amended as follows:

A. §6904 is amended as follows:

(1) Subsection (f) is redesignated as subsection (g).

(2) By adding a new subsection thereto to be designated as subsection (f), to read as follows:

"(f) An agency may retain the services of a general contractor or other qualified person, firm or corporation to assist in cost estimation, economic design analysis and construction on such terms as are consistent with the provisions of this Chapter."

(3) By adding a new subsection thereto to be designated as subsection (h), to read as follows:

"(h) An agency may purchase used equipment or buildings by negotiations, rather than by competitive bidding, as provided in this Chapter, if it is demonstrated to the satisfaction of the Budget Commission and the Department of Administrative Services that the negotiated price is reasonable for the intended use."

B. §6905 (a) is amended by striking from the second sentence the words "or equal", and inserting in lieu thereof the words "or approved equal."

Section 6. Chapter 69, Title 29, Delaware Code, is amended by adding thereto a new section to be designated §6920, to read as follows:

§ 6920. Transfer of school district bids

(a) The provisions of this Chapter shall not prevent an agreement between a school district and a bidder whereby the bidder agrees to make available to one or more other school districts the bid prices he submits to the first school district.

(b). The provisions of this Chapter shall not prevent a school district from buying under the bids received by another school district, when such bids have been requested by such other school district, in compliance with the provisions of this Chapter, and the bids have been made available to the school district, pursuant to an agreement between the bidder and such other school district.

Section 7. §7509, Title 29, Delaware Code, is amended as follows:

A. By striking from the second sentence, the words "to provide the funds", and inserting in lieu thereof the words "to provide funds."

B. By adding a new subsection to be designated as subsection (b), to read as follows:

"(b) Instead of issuing bonds, as hereinabove provided, the State may pay its share of the total cost by using gifts or any other money on hand which are not required by law to be used for some other purpose".

Section 8. §7515, Title 29, Delaware Code, is amended by striking the words "only for purposes of retirement of school district bonds and interest thereon.", and inserting in lieu thereof the words "for such purposes as are permitted by law."

Section 9. §7522, Title 29, Delaware Code, is amended by inserting after the words "acting secretary of such Board of Education.", the sentence "If such approval is countersigned by the Superintendent of the School District or his authorized designee, any other signature on the approval may be a facsimile."

Section 10. §7523, Title 29, Delaware Code, is amended by inserting after the words "the State Treasurer shall pay the same.", the sentence "If such warrants are countersigned by the Superintendent of the School District or his authorized designee, any other signature on the warrants may be a facsimile."

Section 11. §7526, Title 29, Delaware Code, is amended by striking said section in its entirety, and inserting in lieu thereof a new §7526, to read as follows:

§ 7526. Use of appropriated funds for inspection and auditing an amount of money equal to the estimated cost of inspection of any school construction, as determined by the State Board of Education and the Department of Administrative Services, not to exceed one percent of such total costs, shall be set aside by each school district receiving an appropriation for school construction, and allocated to the State Board of Education for the purpose of covering the cost of inspecting the school construction program. A further amount of money, equal to one-half percent of such total construction costs shall be set aside by each school district receiving an appropriation for school construction and allocated to the State Auditor of Accounts for the purpose of covering the cost of auditing the school construction program.

Section 12. Chapter 88, Title 29, Delaware Code, is amended as follows:

§8803 (b) is amended by adding thereto a new subsection to be designated as subsection (5), to read as follows:

(5) Building Construction Review.

(a) The Department of Administrative Services is hereby authorized to review all building plans for state agencies, including school districts.

(b) The purpose of this review shall be to:

(1) Establish and apply evaluation factors and performance specifications for structural and mechanical functions;

(2) Research and analyze design and construction factors as they relate to economical construction and reliability and maintenance performance;

(3) Advise, recommend and refer to the Governor, matters dealing with state building design and construction practice;

(4) Review bidding procedures and study and make recommendations dealing with bid laws;

(5) Make such studies and provide such information as shall cause the selection of the best cost/performance components that will satisfy a particular function;

(6) Review and make recommendations regarding the operation, maintenance and efficiency of the physical plant of State facilities;

(7) Consider such other matters as may be referred to it by the Governor.

Section 13. Chapter 88, Title 29, Delaware Code, is amended as follows:

A. By adding a new section thereto to be designated as section 8805B, to read as follows:

§ 8805B. Council on construction policy

(a) There is hereby established the Council on Construction Policy.

(b) The Council on Construction Policy shall be composed of not more than 15 members, appointed by the Governor, broadly representative of the various organizations and groups involved with construction in the State of Delaware. The terms of the members shall be staggered. The first 5 appointees shall serve for a term of 1 year, the next 5 appointees shall serve for a term of 2 years; and the next 5, or a lesser number, of appointees shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years.

(c) The Council on Construction Policy shall:

(1) recommend to the Secretary of Administrative Services, operating policies for the review of all state agency building projects;

(2) recommend legislative changes;

(3) establish and review the fee incentive for professional services;

(4) serve as consultant to the State Board of Education with regard to the standard school construction formula;

(5) act as liaison with all other organizations and agencies dealing with state construction;

(6) establish the cost effect of time delays in construction.

(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(e) The Secretary of the Department of Administrative Services or his authorized designee shall serve as Executive Secretary and ex-officio members of the Council.

(f) A chairman of the Council shall be chosen by the Governor from among its members and shall serve in that capacity at the pleasure of the Governor.

Approved July 12. 1973.