Delaware General Assembly

CHAPTER 300

AN ACT PROVIDING FOR A SUPPLEMENTAL APPROPRIATION TO VARIOUS STATE AGENCIES FOR THE PURPOSE OF ADDING TO, CONSTRUCTING, REPAIRING, REMODELING, AND EQUIPPING CERTAIN CAPITAL IMPROVEMENTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. There is appropriated to the agencies of this State set forth in Sections 5, 6 and 7 hereof, the sum of $1,342,000 or so much thereof as may be necessary for carrying out the purposes of this Act.

Section 2. The funds appropriated by this Act may be used for the costs incidental to but not limited to design, planning, land acquisition, construction, repairing, remodeling, equipping, and other costs. The funds, however, are not to be used for any other purposes except those set forth in Sections 5, 6 and 7.

Section 3. None of the moneys appropriated by this Act shall be expended before July 1, 1969. None of the moneys appropriated by this Act shall be expended after June 30, 1971 on any of the individual projects authorized in this Act unless such projects have progressed into any or all of the following phases prior to July 1, 1972.

Initial Engineering, Planning, Procurement, Construction.

Section 4. No money allocated and appropriated by this Act in excess of $2,000 shall be paid by any State department, agency, or commission to any person, corporation, or other business association until such department, agency, or commission shall have obtained assurance in writing that such person, corporation, or other business association has paid all taxes due the State Tax Department and has, to the best knowledge of the State Tax Department, obtained all necessary licenses and permits and has complied with all rules and regulations of said State Tax Department.

Section 5. The monies appropriated herein below, or so much thereof as is necessary to carry out the purposes of this Act, shall be expended by the following State agencies in the following amounts:

STATE HIGHWAY DEPARTMENT—

COMMUNICATIONS DIVISION

Emergency Generator—New Castle &

Sussex Counties $ 12,000

STATE CUSTODIAN

Rehabilitation of Old Highway Administration

Building $ 91,000

STATE DISTRIBUTION AGENCY

Re-roof Warehouses—

Governor Bacon Health Center $ 12,000

STATE FORESTRY DEPARTMENT

Forest Land Improvements $ 15,000

Parking Areas in State Forest $ 10,000

BOARD OF GAME AND FISH COMMISSIONERS

Fishing Piers $ 15,000

Wetland Development $ 10,000

HOME AND HOSPITAL FOR THE

CHRONICALLY ILL AT SMYRNA

Renovations to Utilities $100,000

BOARD OF HEALTH—

EMILY P. BISSELL HOSPITAL

Roof Replacements—All Buildings $ 12,000

Electric Service—Tallman Building $ 12,000

Interior Alterations—Tallman Building $ 20,000

ARCHAEOLOGICAL BOARD

Land Acquisition—Island Field Site $ 26,000

DELAWARE NATIONAL GUARD

Minor Capital Improvement—

National Guard Armories $ 87,000

ARCHIVES COMMISSION

Robinson—Swedish Houses Restoration $ 70,000

STATE PARK COMMISSION

Dump Improvement—Killens Pond State Park $ 25,000

Section 6. (a) The sum of $553,000 is appropriated by this Act to the State Board of Education for minor capital improvements, non-ordinary and non-recurring repairs to school buildings, or so much thereof as shall be necessary to carry out the purposes of this Act, shall be paid by the State Board of Education to the local districts as is provided in this Section.

(b) Any school district receiving from the State Board of Education a portion of the monies allocated by Subsection (f) of this Section to the State Board of Education shall be deemed to have been included in Subsection (f) and shall be subject to the same provisions of this Act as applies to those school districts specifically identified under Subsection (f) of this Act.

(c) The State Board shall establish criteria for the types of minor capital improvements and repairs which it will approve under this Section. The State Board shall pay local districts only for the actual expenses of repairs and replacements of a capital nature which shall include but not be limited to the re-building or major repair of roofs, floors, heating systems, electrical, plumbing, water systems, facilities roadways, and play areas. The State Board shall not pay school districts for ordinary or minor maintenance repairs such as repainting, replacing of broken glass, refinishing floors, or for other repairs of a temporary duration from the funds appropriated by this Section. The State Board shall in any case, pay only sixty percent (60%) of the total costs of such capital improvements and repairs.

(d) Before any improvements or repairs authorized by this Section are undertaken by any school district, the school district shall itemize the improvements or repairs needed and show the estimated costs of each item. The State Board, using the criteria set forth in Subsection (c) of this Section, shall decide as to the right of payment to the local school district for any improvements or repairs, and the decisions of the State Board shall be final.

(e) In order to determine the right of payment to the school district under this Section, the State Board, or its designated representative, shall:

(i) inspect the building or buildings to determine that the improvements or repairs requested by the school district are needed and are in accordance with the criteria set forth in Subsection (c) of this Section;

(ii) provide necessary help to the school district for letting of bids on the repairs or replacements meeting the criteria;

(iii) inspect the improvements or repairs upon completion to determine that all specifications have been met and that the work and materials used are of acceptable quality; and

(iv) pay the State's share of the cost of the improvements or repairs made by the school district in accordance with the provisions of this Section after the improvements or repairs are accepted as meeting all specifications as to workmanship and materials.

(f) The State Board of Education shall, if and when the criteria established in this Section are met, pay the school district for the school building repairs, except that the amount paid to each school district shall not be in excess of the combination of the amount shown opposite the name of the school district in the following table, and the portion granted by the State Board of Education to any school district of the moneys allocated specifically to the State Board of Education in the following table:

Maximum Maximum

(g) Any school district may levy and collect a tax to pay their forty percent (40%) share of the cost of the improvements and repairs authorized by this Section. Such taxes shall be collected by local taxation within the school district according to the provisions set forth in Chapter 19, Title 14, Delaware Code, except that no referendum shall be required.

(h) Any school district, as an alternate to the levy and collection of a tax to pay its forty percent (40%) share as provided in (f) above, may authorize the issuance of bonds to pay its forty percent (40%) share of the cost of the improvements and repairs authorized by this Section, pursuant to Chapter 21, Title 14, Delaware Code. In the event that such share is to be raised by the alternate method herein permitted the provisions of Section 7507, Chapter 75, Title 29, Delaware Code, shall apply.

(i) The provisions of Chapter 75, Title 29, Delaware Code, shall not apply to the improvements and repairs authorized by this Section except for the applicability of Section 7507 of said Chapter as provided in (h) above.

Section 7. The sum of $250,000 is appropriated to the legislative Building Committee, or so much thereof as may be needed, to complete construction, furnishing, and equipping of the new additions to Legislative Hall.

Approved October 31, 1969.