Delaware Code Title 29 Sec. 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(a) Before any sum is withdrawn from the Fund for advanced planning or advanced real property acquisition, a request shall be made by the state agency, reorganized school district or vocational-technical school district desiring to erect or renovate a public facility or desiring to purchase real property to the Director of the Office of Management and Budget who shall report to the Budget Commission whether the request is consistent with the State‘s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies.
Terms Used In Delaware Code Title 29 Sec. 6344
- Agency: includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State. See Delaware Code Title 29 Sec. 6301
- Budget: includes the complete financial plan of the State as evidenced by all appropriations and allowances made and estimates of revenue approved by the General Assembly, including, in addition to the general budget of appropriations adopted by the General Assembly and approved by the Governor, all other appropriations and allowances authorized by law which have been or shall be made to any agency of this State which is supported in whole or in part out of the revenues, taxes, licenses, fees, permits, fines and from other sources including any agency which is empowered by statute to collect and expend revenues by the use of special funds by whatever name known whether or not specifically appropriated by the General Assembly, and includes the budgets and the revenues and expenditures of all agencies to which moneys are appropriated by supplementary appropriations or otherwise. See Delaware Code Title 29 Sec. 6301
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund to erect or renovate a public facility, the Director of the Office of Management and Budget must determine that the proposed public facility is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies and its construction is likely to be authorized within 3 years. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State’s comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget 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 public facility.
(c) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund for real property acquisition, the Director of the Office of Management and Budget must determine that the proposed real property acquisition is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State’s comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget 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.
29 Del. C. 1953, § ?4922; 55 Del. Laws, c. 430, § ?2; 61 Del. Laws, c. 116, § ?88(a); 61 Del. Laws, c. 521, § ?1; 63 Del. Laws, c. 179, § ?10; 63 Del. Laws, c. 189, §§ ?3(a)-(c); 67 Del. Laws, c. 285, §§ ?15(f)-(h); 69 Del. Laws, c. 10, § ?7; 74 Del. Laws, c. 367, §§ ?9-11; 75 Del. Laws, c. 88, § ?21(13);