CHAPTER 10

FORMERLY

HOUSE BILL NO. 137

AN ACT TO AMEND CHAPTER 10 OF TITLE 14 AND CHAPTERS 50, 63, 66A, 69 AND 74 OF TITLE 29 OF THE DELAWARE CODE RELATING TO THE TRANSFER OF CAPITAL BUDGET RESPONSIBILITIES OF THE DELAWARE DEVELOPMENT OFFICE TO THE OFFICE OF THE BUDGET; AND AUTHORIZING THE TRANSFER OF RELATED POSITIONS AND FUNDING, AND THE ADVANCED PLANNING AND REAL PROPERTY ACQUISITION FUND.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 10, §1057(a)(7) and §1057(a)(11), Title 14 of the Delaware Code by deleting the words "Director of the Delaware Development Office" and substituting in lieu thereof "Budget Director".

Section 2. Amend Chapters 50 and 63, Title 29 of the Delaware Code by redesignating §5006(4) and §5006(5) respectively as new §6313(8) and §6313(9) of Title 29, and by renumbering §§5006(6)-(11) as §§5006(4)-(9).

Section 3. Amend Chapter 50, §5011, Title 29 of the Delaware Code by deleting said section in its entirety.

Section 4. Amend Chapter 63, Title 29 of the Delaware Code by adding a new Subchapter to read as follows:

"Subchapter III-A Capital Appropriations Act §6342 Preparation of annual capital budget

The Budget Director shall prepare, and amend as necessary, a program of state public works, major capital improvement projects and other facilities undertaken or recommended to be undertaken by the State, or any of the authorities or other instrumentalities of the state government. Such program shall be submitted as the annual capital budget to the Governor at such time as it shall be deemed appropriate for submission to the General Assembly. The Budget Director shall maintain a report on the status of all capital projects funded by any debt offering issued by the State or by any of the authorities or other instrumentalities of state government. In fulfilling the responsibilities of this Subchapter, the Budget Director shall consult and coordinate with the Secretary of Administrative Services in order to assure that the various agency requests are fully assessed from the standpoint of need, capacity, condition and relative priority."

Section 5. Amend Chapter 50, Title 29 of the Delaware Code by deleting Subchapter II - Advanced Planning and Real Property Acquisition Fund, §§5030 through 5033 (inclusive) in their entirety.

Section 6. Amend Chapter 50, §5044 and §5045, Title 29 of the Delaware Code by deleting said sections in their entirety.

Section 7. Amend Chapter 63, Title 29 of the Delaware Code by adding a new Subchapter to read as follows:

"Subchapter III-B Advanced Planning and Real Property Acquisition Fund §6343. Advanced Planning and Real Property Acquisition Fund.

(a) A special fund is created in the State Treasury to be known as the "Advanced Planning and Real Property Acquisition Fund," hereafter referred to in this subchapter as "Fund."

(a) The Fund shall be expended for the advanced planning of proposed facilities in the State, including, but not limited to, the cost of architectural sketches, general site plans, preliminary engineering, general design services, legal, accounting and consulting services or such other services as may be deemed appropriate.

(c) The Fund shall be expended for earnest money of up to 10 percent for the acquisition of real property (including any improvements thereon) by state agencies. The Fund may not be expended for highway right-of-way acquisition.

§6344. Withdrawals from the Fund.

(a) Before any sum is withdrawn from the Fund for advanced planning or advanced real property acquisition, a request shall be made by the agency desiring to erect a state facility or desiring real property to the Budget Director who shall report to the Budget Commission whether the request is consistent with the capital program provided for by §6342 of this title.

(a) If an agency requests moneys from the Fund to erect a state facility, the Budget Director must determine that the proposed facility is consistent with the capital program and its construction is likely to be authorized in the foreseeable future. If the Budget Director makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of advanced planning for the proposed facility.

(a) If an agency requests moneys from the Fund for real property acquisition, the Budget Director must determine that the proposed real property acquisition is consistent with the capital program or its long-range planning recommendations for the State. If the Budget Director makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of earnest money for the acquisition of real property.

§6345. Reversion of unused funds.

Any moneys for advanced planning or for advanced real property acquisition provided by the Budget Commission to a state agency which shall not be used by the agency within 12 months shall be refunded to the Budget Commission to be redeposited in the Fund.

§6346. Reimbursement of the Fund.

(a) Upon the funding of a capital project for which advance planning funds or advance real property acquisition funds have been provided from the Fund, a refund shall be made to the Fund from such funding by the State Treasurer from the appropriation made or other source of funds provided for the facility or real property.

(a) In the event that a capital project, for which advanced
planning funds have been provided from the Fund is not included in a capital improvement act within 3 years, the Budget Commission may declare the project inactive and request the state's bond issuing officers to reimburse the Fund from the Bond Reversion Account, §7418 of this title notwithstanding.

(a) If federal funds are received as reimbursement for any real property purchased with the Fund, such moneys shall be deposited as a refund to the Fund.

(a) In the event real property is purchased and then plans for utilization of the site are abandoned, the agency, with approval of the Budget Commission, .may sell the real property and shall deposit the receipts to the Fund.

§6347. Idle moneys to be held in Capital Investment Fund.

Any moneys allocated to the Fund under this subchapter which are not immediately needed for the purposes of this subchapter may be held by the Budget Commission in the Capital Investment Fund until needed In the Advanced Planning and Real Property Acquisition Fund.

§6348. Authorization for sale of school district bonds.

In the case of a school district, use of funds authorized by this subchapter to purchase real property shall constitute authorization for the sale of district bonds after referendum as provided in §7507 of this title."

Section 8. Amend Chapter 66A, §6604A, Title 29 of the Delaware Code by deleting the words "Delaware Development Office" each time they appear and substituting in lieu thereof the words "Budget Director".

Section 9. Amend Chapter 66A, §6605A, Title 29 of the Delaware Code by deleting the words "Delaware Development Office, as part of its annual capital budget responsibilities set forth In §5011" and substitute in lieu thereof the words "Budget Director, as part of the annual capital budget responsibilities set forth in §6342".

Section 10. Amend Chapter 69, 6903(e), Title 29 of the Delaware Code by deleting the words "and the Director of the Delaware Development Office" as they appear in the first sentence.

Section 11. Amend Chapter 74, §7419(a), Title 29 of the Delaware Code by deleting the words "and the Delaware Development Office" as they appear in the fourth sentence between the words "Office" and "to".

Section 12. Amend Chapter 74, §7419(b), Title 29 of the Delaware Code by deleting the words "Delaware Development Office" and substituting in lieu thereof the words "Budget Director".

Section 13. Amend Chapter 74, §7420(d), Title 29 of the Delaware Code by deleting the words "Delaware Development Office" and substituting in lieu thereof the words "Budget Director".

Section 14. Amend Chapter 74, §7422(e), Title 29 of the Delaware Code by deleting the words "Delaware Development Office" and substituting in lieu thereof the words "Budget Director".

Section 15. All remaining Personnel Costs associated with Budgeted Position #9307 for the remainder of the Fiscal Year 1993 shall be transferred from the Delaware Development Office, Delaware Economic Development Authority (10-03-03) to the Office of the Budget, Office of the Budget Administration (10-02-01). The position shall, upon enactment of this legislation, be transferred to the Office of the Budget, Office of the Budget Administration (10-02-01) and shall become part of the classified service. Notwithstanding Merit Rule 7.0100, any current incumbent in the aforementioned position shall be accorded Merit System status.

Approved April 19, 1993.