CHAPTER 7

FORMERLY

SENATE BILL NO. 1

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL INVESTMENTS AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONIES TO VARIOUS AGENCIES OF THE STATE.

Be it enacted by the General Assembly of the State of Delaware [three fourths of all the members elected to each branch thereof concurring therein]:

Section 1. There is appropriated to the agencies of this State set forth in Section 7 hereof the sum of $17,448,000 or so much thereof as may be necessary for carrying out the purposes of this Act, which shall be used for the purposes set forth in Section 7 of this Act.

Section 2. The funds appropriated by this Act may be used for the costs incidental to the uses set forth in Section 7 of this Act, and are to include but not be limited to design, planning, land acquisition, acquisition of utility and service areas, construction, repairing, remodeling, equipping, landscaping, and inspection costs but are not to be used for ordinary or normal maintenance expense of highways, bridges or other properties.

Section 3. None of the monies appropriated by this Act shall be expended after June 30, 1977, on any of the individual projects unless such projects have progressed into any or all of the following phases prior to July 1, 1977:

Initial Engineering, Planning, Procurement, Construction.

Section 4. The said sum of $17,448,000 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, Delaware Code, and Chapter 75, Title 29, Delaware Code, where applicable. For purposes of identification, the bonds issued pursuant to this Authorization Act may be known, styled or referred to as "Emergency Capital Improvement Bonds of 1975".

Section 5. There is appropriated from the General Fund of the State 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 repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Any monies received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.

Section 6. 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 item 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 consititutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon.

Section 7. The monies appropriated herein, or so much thereof as is necessary to carry out the purposes of this Act, shall be expended by the following State agencies or their successors by project.

(a) DEPARTMENT OF HIGHWAYS AND TRANSPORTATION

(1) Mass Transit $ 764,000

(2) Bicycle Paths 250,000

(3) Corridor Projects 4,918,000

(4) Non-Corridor Projects 1,720,000

(5) Engineering and Contingencies 1,250,000

(6) Advance Engineering and Planning 680,000

(7) Fringe Benefits - Blue Cross and Blue

Shield, Pensions and FICA 1,060,000

$10,642,000

(b) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

(1) Water Pollution Control - Construction

Grants $ 5,000,000

(2) State Comprehensive Outdoor Recreation

Plan 50,000

(3) Beach Erosion Control 500,000

Total $ 5,550,000

(c) DELAWARE NATIONAL GUARD

(1) Army Aviation Support Facility $ 193,000

Total $ 193,000

(e) DEPARTMENT OF HEALTH AND SOCIAL SERVICES

(1) Tilton Building - Governor Bacon Health

Cen ter $ 900,000

(2) HMR - Furnishing and Equipment 163,000

Total $ 1,063,000

GRAND TOTAL $17,448,000

Section 8. The monies allocated in Section 7 of this Act for the Department of Highways and Transportation shall be expended for highway construction or related purposes, but they shall not be used for office supplies or for office equipment and furnishings. The monies authorized in Section 7 of this Act and termed Engineering and Contingencies shall be accounted for by project. No monies allocated in Section 7 shall be used to finance the rehabilitation and resurfacing of roads by the "tar-and-chip" method.

Section 9. Any funds borrowed pursuant to this Act and remaining unexpended after the completion of the programs authorized by this Act and any funds borrowed pursuant to this Act and remaining unexpended because a project authorized by this Act is not timely undertaken, shall be deposited in a special account and appropriated against future capital improvement bond requirements.

Section 10. No bonds or notes shall be issued or monies borrowed on behalf of this State, pursuant to this Act, after June 30, 1980, except as provided in Chapter 75, Title 29, Delaware Code.

Section 11. All State departments and agencies shall submit all architectural, structural, electrical, and mechanical plans, specifications and cost estimates during the design and development phases and prior to bid to the State Architect. The State Architect shall be responsible for reviewing and approving these plans prior to bid advertisement and no construction contracts (except Highway construction contracts and school district minor capital improvements) shall be executed without the prior approval of the State Architect.

Section 12. No bonds or notes shall be issued or sold, or monies borrowed on behalf of this State, pursuant to this Act, without the full guarantee to the buyer that the State of Delaware is an equal opportunity employer.

Section 13, Each State agency receiving funds by this Act must, on a semi-annual basis beginning with April 1, 1975, report to the State Planning Office the status of every capital improvement project for which they have received funds either in this Bond Act or in any previous Bond Act or in any previous Bond Act and for which the project is not complete as of the effective date of this Act.

Section 14. This Act may be known, styled or referred to as the "Emergency Capital Improvements Act of 1975".

Approved February 14, 1975.