CHAPTER 536

FORMERLY

SENATE BILL NO. 729

AN ACT TO AMEND VOLUME 61, CHAPTER 408, LAWS OF DELAWARE THE 1979 CAPITAL IMPROVEMENTS ACT, BY REPEALING A PORTION OF THE SUM AUTHORIZED FOR CONSTRUCTION OF A MULTI-PURPOSE CRIMINAL JUSTICE FACILITY AND BY AUTHORIZING FUNDS FOR THE CONSTRUCTION OF A FACILITY AT DELAWARE CORRECTIONAL CENTER, AND TO APPROPRIATE SUCH FUNDS TO THE DEPARTMENT OF CORRECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each House thereof concurring therein):

Section 1. Amend Volume 61, Chapter 408, Laws of Delaware by repealing the authorization to issue obligations of the State in the amount and for the project set forth below:

Department

Project Account Code

38-01-002-79-80 TOTAL - $1,195,000

Amount

Department of Correction

$1,195,000

Section 2. Further amend Volume 61, Chapter 408, Laws of Delaware, by authorizing the State to borrow the sum of $1,195,000 by the issuance of bond and bond anticipation notes upon the full faith and credit of the State of Delaware, subject to all terms and conditions set out in such Chapter, and to be used for the purposes set forth in Section 3 of this Act.

Section 3. The sum of $1,195,000, authorized pursuant to Section 2 of this Act, is hereby appropriated to the Department of Correction for the purpose of constructing a new security facility at the Delaware Correctional Center.

Section 4. The Department of Correction shall include, in any contract executed by the Department on behalf of the State for the construction of the security facility authorized by this Act, an appropriate provision or provisions expressly requiring that said facility shall be available for occupancy on or before December 31, 1978, and further requiring that the contractor shall be obligated to pay to the State, by way of liquidated damages which shall begin to accrue on a per diem basis on January 1, 1979 and for each day thereafter that the facility is not available for occupancy, a sum sufficient to reasonably assure timely completion.

Approved September 7, 1978.