CHAPTER 41

FORMERLY

HOUSE BILL NO. 112

AS AMENDED BY HOUSE AMENDMENTS NO. 1, 3, 4 AND 5

AN ACT TO AMEND PART II, TITLE 29, DELAWARE CODE PROVIDING THAT ANY BILL OR JOINT RESOLUTION WHICH APPROPRIATES OR MANDATES OR CONTEMPLATES A SUBSEQUENT APPROPRIATION OR WHICH REDUCES REVENUE MUST HAVE A FISCAL PROJECTION ATTACHED.

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

Section 1. Amend Part II, Title 29 of the Delaware Code, by adding thereto a new chapter, to be designated as Chapter 19, which shall read as follows:

CHAPTER 19. FISCAL PROJECTIONS

§ 1901. Bills and Joint Resolutions which appropriate or mandate or contemplate a subsequent appropriation.

Any bill or joint resolution in either House of the General Assembly which authorizes expenditures not previously authorized within the annual budget for the fiscal year in which the expenditure is to be incurred or which because of the provisions of the bill or joint resolution would authorize expenditures not specifically provided for in the bill or joint resolution shall include at the time of introduction and have attached thereto a three-year fiscal projection.

§ 1902. Contents of fiscal projection

The three-year projection shall be a statement describing, as accurately as can reasonably be ascertained, all requirements, obligations assumed by the State, and other consequences of the bill or joint resolution having a fiscal impact on the State for each of the three fiscal years following the effective date of the bill or joint resolution. Such fiscal projection shall, where applicable, include full cost data including, but not limited to, salaries, operating costs, other employment costs (fringe benefits), capital outlay and debt service. Fiscal projections required in this chapter shall be prepared on forms prescribed by the Controller General. If the fiscal projection is not prepared by the Controller General, it shall contain a statement by the Controller General that he concurs in the sponsor's projection of the fiscal impact of the bill or joint resolution as set forth in the fiscal projection, or that he finds contrary or additional fiscal data which should be included in the fiscal projection. The Controller General shall point out particular ways in which the bill or joint resolution may escalate costs or reduce revenue to the State. The fiscal projection must also state how the estimates were calculated and from what facts or assumptions. All fiscal projections shall be reviewed or prepared by the Controller General and the same shall be reported to the sponsor in writing.

§ 1903. Fiscal projection when revenue reduced.

Any bill or joint resolution which would have the effect of reducing State revenue must have a one-year projection attached thereto, which projection shall describe, as accurately as can reasonably be ascertained, the loss of revenue to the State for the first full fiscal year after the effective date of the legislation and the rationale used in determining such fiscal impact. The Controller General's responsibility herein shall be the same as in §1902.

§ 1904. Revision of fiscal projection.

The Controller General shall revise the fiscal projection with each successive state of the legislative process in which any amendment or substitute bill is introduced which changes the fiscal effect of the bill or joint resolution. Such revised fiscal projections must be included with each such amendment or substitute bill at the time of introduction. Fiscal projections previously attached to the bill or joint resolution shall remain with the bill or joint resolution and shall not be removed.

§ 1905. Federal matching funds.

Any bill or joint resolution which provides for the expenditure of State funds not authorized in the annual budget bill for the fiscal year in which the expenditure is to be incurred, in order to qualify for or otherwise receive Federal funds, shall include a three-year fiscal projection. The fiscal projection shall describe as accurately as can reasonably be ascertained the total anticipated expenditures of such program or agency, the total amount to be expended or committed by the Federal government for each of the three fiscal years, the total amount to be expended by the State for each of the three fiscal years, and when the Federal funding is likely to be concluded.

§ 1906. Effect on legislative analysis.

No provision of this chapter shall be deemed to prevent or limit the preparation of any analysis of any bill or joint resolution by the staff of the Legislative Council or by attorneys of the Senate or House of Representatives, when such analysis is requested by a member of the General Assembly.

§ 1907. Waiver by majority.

Each House may waive the requirements of this chapter as to any specific legislation pending before such House by a vote of the majority of all members elected to such House.

Section 2. This Act shall become effective thirty (30) days after signature by the Governor.

Approved May 1, 1973.