Delaware General Assembly

AN ACT AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR CAPITAL IMPROVEMENTS AND EXPENDITURES IN THE NATURE OF CAPITAL INVESTMENTS AND FOR IMPROVEMENTS TO THE PUBLIC SCHOOL SYSTEM OF THE STATE AND TO ISSUE BONDS AND NOTES THEREFOR AND APPROPRIATING THE MONEY BORROWED TO THE STATE BOARD OF EDUCATION.

Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the Members elected to each House thereof concurring therein):

Section 1. The State Board of Education may pay the cost of non-ordinary and non-recurring repairs to the public school buildings of the state. The State Board shall establish criteria for the types of repairs which it will approve under this Act, provided that the State Board shall pay only for the actual expenses of repairs of a capital nature, including but not limited to the rebuilding or major repair of roofs, floors, windows, sash and frames, doors and door frames, heating systems, electrical, plumbing and water systems. The State Board shall not pay for ordinary or minor repairs such as repainting, replacing of broken glass, refinishing floors, or for other repairs of a temporary duration.

Section 2. Before any repairs authorized under the provisions of this Act are undertaken, the local school district desiring the repairs shall send a request for such repairs to the State Board of Education. The request shall itemize the repairs needed and show the estimated cost of each item. The State Board, using the criteria established pursuant to Section 1 of this Act, shall decide as to the right of payment for any repairs, and the decision of the State Board shall be final.

Section 3. The State Board shall establish such rules and regulations as are necessary to carry out the purpose of this Act.

Section 6. Any of the funds appropriated herein remaining unexpended at' the end of any fiscal year shall not revert to the General Fund, but shall remain to be used for the purposes set forth in this Act. Any sums unexpended by June 30, 1967, shall be deposited to a special account to be applied against future school construction bond requirement.

Section 7. The said sum of One Million Dollars ($1,000,000) shall be borrowed by the issuance of bonds and 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 authorization Act may be known, styled or referred to as "School-Capital Improvement Bonds of 1966".

Section 8. There is appropriated from the General Fund of the State such sums as may be necessary for the expenses 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 Secretary of State by and with the approval of the Issuing Officers. Any moneys received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.

Section 9. 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.