CHAPTER 226

FORMERLY

HOUSE BILL NO. 642

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CERTAIN CAPITAL IMPROVEMENTS AND EXPENDITURES AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONIES TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of the members elected thereto concurring therein):

Section 1. There is appropriated to the Department of Administrative Services the sum of one million four hundred thousand dollars ($1,400,000) or so much thereof as may be necessary for carrying out the purposes set forth in Section 6 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 6 of this Act, and are to include but not be limited to design, planning, acquisition of utility and service areas, construction, repairing, remodeling, equipping, landscaping, and inspection costs.

Section 3. The said sum of $1,400,000 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/or 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 authorized Act may be known, styled, or referred to as "Capital Improvement Bonds of 1978."

Section 4. There is appropriated from the General Fund of the State such sums as may be necessary for the expenses incurred 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 State Treasurer 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 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 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 constitutional 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 6. The monies appropriated herein, or so much thereof as is necessary to carry out the purposes of this Act, shall be expended by the Department of Administrative Services for the projects and in the amounts set out below:

DELAWARE STATE BUILDING

(a) Exterior Construction of Plaza

(b) Completion of the Delaware State Building

$300,000

800,000

(c) Interior Finishing and Furniture 300,000
$1,400,000

Section 7. 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 applied, at the discretion of the State Treasurer with the approval of the Bond Issuing Officers, against future capital improvement bond and note requirements, all acts to the contrary notwithstanding.

Section 8. Prior to June 30, 1978, the General Fund will be reimbursed $60,000 to design the Offices of the Attorney General in the Delaware State Building, in accordance with the Provisions of Chapter 195, Volume 61, Delaware Code.

Section 9. No bonds or notes shall be issued or monies borrowed on behalf of this State, pursuant to this Act, after December 31, 1983, except as provided in Chapter 75, Title 29, Delaware Code.

Section 10. The Department of Administrative Services 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 contract shall be executed without the prior approval of the State Architect.

Section 11. 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 12. The Department of Administrative Services receiving funds by this Act must, on a semi-annual basis beginning with June 30, 1978, report to the Office of Management, Budget and Planning the status of each capital improvement project for which they have received funds either in this Bond Act or in any previous Bond Act and for which the project is not complete as of the effective date of this Act.

Approved February 23, 1978.