CHAPTER 235

FORMERLY

SENATE BILL NO. 520

AN ACT TO AMEND SECTION 6533 OF TITLE 29, DELAWARE CODE, TO DEFINE TERMS USED THEREIN.

WHEREAS, Section 6533, Title 29, of the Delaware Code, contains technical terms pertaining to the financial operations of the State; and

WHEREAS, Senate Bill No. 1 of this General Assembly proposes an Amendment to Article VII of the Constitution of 1897 of the State of Delaware which is substantially identical to Section 6533, Title 29, of the Delaware Code; and

WHEREAS, the General Assembly intends that the terms used in Section 6533, Title 29, Delaware Code, and those used in Senate Bill No. 1 be interpreted hereafter in a uniform and consistent manner.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 6533, Title 29, of the Delaware Code by redesignating existing subsections (a) (b) (c) and (d) as subsections (b) (c) (d) and (e) respectively and by redesignating all references to said subsections contained in that Section accordingly.

Section 2. Amend Section 6533, Title 29, of the Delaware Code by adding thereto a new subsection (a) as follows:

(a) The following terms, as used in this section, shall be defined as follows:

(1) 'Appropriation' shall include automatic appropriations and continuing appropriations. An automatic appropriation shall be deemed made when any of the funds so appropriated is expended. A continuing appropriation shall be deemed made on the effective date of the first expenditure of funds so appropriated, notwithstanding the fact that the appropriation may be made continuing by virtue of a later Act preventing the reversion of the appropriation.

(2) 'Automatic Appropriation' shall mean an appropriation which specifies no fixed dollar maximum amount, that amount being determined upon the occurrence of a stated future condition.

(3) 'Continuing Appropriation' shall mean the unencumbered balance of any General Fund appropriation which, once established, is automatically renewed in any succeeding fiscal year without further legislative action.

(4) 'Supplemental Appropriation' shall mean an appropriation provided by a Supplementary Appropriation Bill pursuant to Section 6339 of Title 29, Delaware Code.

(5) 'Budget Act' shall mean the Budget Appropriation Bill duly enacted according to Section 6335 through 6338, Title 29, Delaware Code, approved by the Governor, and any amendatory legislation.

(6) 'General Fund' shall be as defined in Section 6102, Title 29, Delaware Code.

(7) 'Revenue Anticipation Bonds or Notes' shall mean notes or bonds issued by the State in anticipation of the receipt by the State of taxes and revenues payable to the State and to the payment of which the State has pledged Its full faith and credit, to the extent that the proceeds of such Bonds or Notes are deposited in the General Fund.

(8) 'Budget Reserve Account' as used in Subsection (b) of this section shall mean the Budget Reserve Account as of the close of the fiscal year next precedng the year in which the appropriation, supplemental appropriation, or Budget Act described in that subsection is enacted."

Section 3. In the event that Article VIII of the Delaware Constitution of 1897 shall be amended by adoption of Senate BM No. I of this General Assembly, the Delaware Code Revisors shall include a reference to the definitions contained in Section 2 hereof in the annotation to Article VIII, S6, of the Delaware Constitution of 1897, as so amended.

Approved May 1, 1980.