CHAPTER 200

FORMERLY

HOUSE BILL NO. 504

AN ACT PROPOSING AMENDMENTS TO ARTICLE VIII, SECTION 4 OF THE CONSTITUTION OF 1897 OF THE STATE OF DELAWARE TO PROVIDE FOR A DEFINITION OF GRANTS-IN-AID, AND PROPOSING AN AMENDMENT TO ARTICLE VIII, SECTION 6 OF THE CONSTITUTION OF 1897 OF THE STATE OF DELAWARE BY LIMITING APPROPRIATIONS TO 1.2 PERCENT OF THE ESTIMATED NET STATE GENERAL FUND REVENUE FOR GRANTS-IN-AID.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all the members elected to each House thereof concurring therein):

Section 1. Amend Article VIII, Section 4 of the Constitution of 1897 of the State of Delaware by designating the existing paragraph thereof as subsection (a) and adding a new subsection (b) to read as follows:

"(b) A grant-in-aid is an appropriation of the public money from the General Fund for a public purpose to any county, municipality, corporation, private agency or person. No appropriation for a grant-in-aid shall be made otherwise than pursuant to an act by the General Assembly, passed with the concurrence of three-fourths of all the members elected to each House."

Section 2. Amend Article VIII, Section 6 of the Constitution of 1897 of the State of Delaware by adding a new subsection (e) to read as follows:

"(e) No appropriation or supplemental appropriation enacted for any given fiscal year for grants-in-aid in the aggregate shall (1) exceed 1.2 percent of the estimated net State general fund revenue for such fiscal year from all sources, and (2) cause the aggregate State general fund appropriations enacted for any given fiscal year to exceed 98 percent of the estimated net State general fund revenue for such fiscal year from all sources, including estimated unencumbered funds remaining at the end of the previous fiscal year. The term 'estimated net State general fund revenue' means the estimated gross State general fund revenue less the estimated Revenue Refunds."

Approved January 1, 1982.