CHAPTER 228

FORMERLY

HOUSE BILL NO. 396

AN ACT MAKING A SUPPLEMENTAL GENERAL FUND APPROPRIATION TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES OF TWO MILLION FIVE HUNDRED SEVENTY THOUSAND DOLLARS AND WAIVING RELATED STATUTES FOR THE EXPEDITED CONSTRUCTION OF A DELAWARE VETERANS HOME.

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

WHEREAS, the Governor and General Assembly of the State of Delaware strongly support the establishment of a dedicated long term care facility to serve Delaware’s veterans; and

WHEREAS, the Veterans Administration administers the Veterans Home program whereby the federal government will fund 65% of the construction costs of a state administered veterans home; and

WHEREAS, a study by the University of Delaware in 2001 entitled “A Home for Delaware’s Military Service Veterans, A Study of Projected Needs, Strategies and Costs” concluded that a 150 bed veterans home serving the long term care needs of Delaware’s veterans should be constructed; and

WHEREAS, a follow-up study completed by the Veterans Home Advisory Committee in 2003 entitled ”Report on the Viability of Establishing a State Nursing Home for Veterans” confirmed the need for a 150 bed facility to serve the long term care needs of Delaware’s veterans; and

WHEREAS, through SR 14 and HR 40 of the 141st General Assembly the General Assembly unanimously supported efforts to establish a state veterans home; and

WHEREAS, the Governor has recommended an FY 2005 appropriation of $2.57 million for the initial planning and design of a Delaware veterans home; and

WHEREAS, the Governor and General Assembly find that the accelerated construction of a veterans home is appropriate to ensure that eligible veterans are served as soon as possible; and

WHEREAS, in order to complete the veterans home based on an accelerated schedule it is necessary to both appropriate the necessary funds for this project as well as waiving all applicable statutes to allow the Department of Administrative Services to proceed in an expeditious manner;

NOW, THEREFORE:

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

Section There is hereby appropriated $2,570,000 (Two Million Five Hundred Seventy Thousand Dollars) in General Funds to the Department of Administrative Services (“the Department”), Facilities Management (30-05-10) for the construction of a Delaware veterans home. These funds shall be used to begin the expedited design and construction of this facility.

Section 2. Notwithstanding Chapter 69, Title 29, Delaware Code or any other statutory provision to the contrary, the Department may contract with vendor(s) for the purpose of completing the veterans home. The Department shall, however, comply with all existing statutes regarding the payment of wages on the project.

Section 3. The Department shall apply for all permits and approvals required pursuant to any applicable provision of Titles 9 and 22, Delaware Code, or any other ordinance, rule or regulation enacted pursuant thereto; provided, nevertheless that any such permit or approval shall be granted within 45 days from the day upon which the Department makes application for the same. If any required approval or permit is not granted within 45 days as set forth above, the Department may commence construction and shall be relieved of any future liability for obtaining such approval or permit.

Section 4. It is the intent of the Governor and General Assembly to appropriate the amount to complete the funding requirements for this facility in the FY 2005 Bond and Capital Improvements Act.

Approved April 29, 2004