CHAPTER 204

PERMANENT BUDGET COMMISSION

AN ACT TO PROVIDE FOR THE ESTABLISHMENTS OF A PERMANENT BUDGET COMMISSION AND DEFINING THE POWERS AND DUTIES THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Short Title:--This Ad shall be known, and may be referred to, as the "Permanent Budget Commission Ad of 1939."

Section 2. There is hereby established a Commission to be known as "The Budget Commission" to consist of the Governor, the Auditor of Accounts, the State Treasurer and the State Tax Commissioner.

Section 3. The term of the Budget Commission shall commence upon the effective date of this Act. The Governor shall be the Chairman. The Commission shall meet at least once every month during term of office for the purpose of reviewing anticipated expenditures and the fiscal affairs of the agencies of this State whose support or maintenance in whole or in part is provided for in the budget as defined in this Ad.

Section 4. The said Budget Commission shall and it is hereby empowered and directed to

(a) Audit, inspect and examine the accounts and the affairs of and the records of any agency .of this State at such times as it deems expedient for the supervision of the budget and shall require all agencies to submit estimates showing the amounts and purposes of all anticipated expenditures to be made at the time or period in which such expenditures are to be made by an agency. Estimates of anticipated expenditures shall be submitted in such form as the Budget Commission may prescribe;

(b) And to require such fiscal reports, statements of balances on hand, estimates of receipts, and information in any manner pertinent to the fiscal affairs of this State from the State Treasurer, State Auditor, or any other agency of the State in such form as it shall prescribe for the purposes of this Act.

Section 5. The Budget Commission is hereby authorized to employ a qualified accountant at a salary not exceeding $5,000.00 per annum, and to prescribe his duties, and to delegate to such accountant all powers of investigation, audit, inspection and examination granted to it under this Act. It shall also have the power to employ the services of accountants and auditors for special investigations for an amount not to exceed $10,000.00 per annum, payable on warrant of the State Budget Commission upon the State Treasurer.

Section 6. The provisions of 5399. Section 1, Chapter 158 of the Revised Code of Delaware, 1935, providing for the creation of and appointment of the Board of Budget Directors are hereby repealed, and the powers and duties provided for the said Board of Budget Directors in said Chapter 158, Revised Code of Delaware, 1935, are hereby incorporated and made part of the powers and duties of the Budget Commission in so far as they are not inconsistent with the provisions of this Act.

Section 7. The term Budget for the purposes of this Act shall include 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, the budget of the State Board of Education as defined in 2664. Section 42 of Chapter 71 of the Revised Code of Delaware, 1935, and the budget of the State Highway Department as defined in 5733. Section 14, Chapter 166 of the Revised Code of Delaware, 1935, relating to the State Highway Department, and all other appropriations and allowances authorized by law which have been or shall be made to all other agencies of this State which are supported in whole or in part out of the revenues, taxes, licenses, fees, permits, fines and from other sources including all agencies which are 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 shall include the budgets and the revenues and expenditures of all agencies to which moneys are appropriated by supplementary appropriations or otherwise, except that no right to investigate or require reports from the Judiciary or from the courts of this State or from any private hospital, or from the General Assembly, or from any Fire Company, or from Layton Home for Aged Colored, or from Palmer Home, or concerning the Burial of Indigent Veterans, or from Kent and Sussex Fair Association, or from the Libraries of Municipalities, or from the Historical Society of Delaware, or from the American Legion, or from the United Spanish War Veterans, or from the Veterans of Foreign Wars, or from the Grand Army of the Republic, or from other similar institutions not directly under the jurisdiction of the administrative or executive authority of this State shall be granted by this Act.

Section 8. Among the additional duties of the Budget Commission shall be

(c) To report to the General Assembly and the Attorney General in writing any irregular, illegal or improper financial administration or transaction;

(d) To make recommendations to the General Assembly concerning the control of all State property and of accounts receivable, and concerning a system of recording and accounting for the improvement and control of the fiscal practices and the adoption of a fiscal policy by the State;

() To consider and approve or disapprove transfers between appropriations contained in the budget as defined in this Act, and for which purpose it is provided that such transfers shall become effective only upon approval of the said Budget Commission.

Section 9. The provisions of this Act shall be in addition to the administration provided by law for the fiscal affairs of this State, except that any conflicts of existing laws with this Act shall be resolved to give effect to this Act.

Section 10. The term Agency as used in this Act, and for the purposes of this Act, shall include 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 and shall include

Committee on Uniform Laws. State Librarian.

Attorney General.

Secretary of State.

State Board of Accountancy. State Treasurer.

State Auditor of Accounts. State Revenue Collector.

State Insurance Commissioner. Oyster Revenue Collector. State Tax Department.

State Bank Commissioner. Delaware Liquor Commission. Delaware Racing Commission. Custodian.

State Board of Health.

Medical Council of Delaware.

State Board of Pharmacy.

State Board of Dental Examiners. Board of Examiners of Barbers. Board of Veterinary Examiners. Board of Examiners of Optometry.

Board of Examiners for Registered Nurses.

State Board of Undertakers.

State Housing Commission.

State Board of Charities.

Delaware State Hospital.

Mothers' Pension Commission. Delaware Industrial School for Girls. Industrial School for Colored Girls. Delaware Commission for the Blind.

Delaware Commission for the Feeble Minded.

Ferris Industrial School.

Old Age Welfare Commission. State Welfare Home.

Mosquito Control Commission. University of Delaware.

State College for Colored Students. State Board of Education.

Teachers' Retirement Commission. State Board of Agriculture.

State Forestry Department.

Game and Fish Commission.

Labor Commission of Delaware. Parole Board.

Detention Home for Juveniles. Board of Pardons.

Delaware State Employment Bureau. Board of Boiler Rules.

Regulators of Weights and Measures. Delaware Real Estate Commission. Industrial Accident Board.

National Guard and Adjutant General. State Highway Department.

Delaware Waterfront Commission.

Public Archives Commission.

Portrait Commission of Delaware. State Armories Commission.

State Board of Architects.

State Athletic Commission.

The term Expenditures shall include any outlay of public moneys by authority of any law of this State and shall include the expenditure of any appropriation authorized by the General Assembly of the State.

The term Anticipated Expenditure shall include any items estimated or proposed to be expended by any agency at any future time which are included in the budget.

Section 11. In addition to amounts made available to the Budget Commission under the provisions of this Act for the employment of assistants, each member shall be entitled to receive for expenses actually incurred in the performance of the duties imposed by this Act, an amount not in excess of $250.00 per annum to be paid by the State Treasurer on warrants drawn by the Commission.

Section 12. All acts or parts of acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Approved May 1, 1939.