CHAPTER 279

FORMERLY

HOUSE HILL NO. 640

AS AMENDED BY SENATE AMENDMENTS NOS. 1 AND 2

AN ACT TO REQUIRE THE EXECUTIVE BRANCH OF GOVERNMENT TO PREPARE AND SUBMIT TO THE GENERAL ASSEMBLY BEGINNING WITH THE FISCAL YEAR 1984 A BUDGET BILL FOR ALL PROPOSED EXPENDITURES OF STATE SPECIAL FUNDS, EXCLUDING FEDERAL GRANTS AND NON-FEDERAL GRANTS AND GIFTS, BEQUESTS, TUITION RECEIPTS AND THE PROCEEDS OF DEBT INSTRUMENTS BY STATE AGENCIES, AND TO AMEND CHAPTER 76, TITLE 29, DELAWARE CODE, BY REORGANIZING THE DELAWARE STATE CLEARINGHOUSE COMMITTEE.

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

Section 1. The Executive Branch of Government shall, in accordance with the schedule set forth herein, prepare and submit to the General Assembly a budget bill for all proposed expenditures of State special funds, excluding federal grants and non-federal grants funds and gifts, bequests, tuition receipts and the proceeds from the sale of debt instruments by State agencies. Beginning with the fiscal year 1984, the Budget Director shall prepare a plan for the implementation of this Act for the Department of Natural Resources and Environmental Control and the Department of Public Instruction and for the balance of the State agencies on an orderly schedule for the fiscal years thereafter. Accordingly, all departments/agencies shall:

(a) Submit to the Office of Budget Director, on official estimate blanks prescribed by the Budget Director:

(i) Requests for State special funds; and

(ii) Estimates of all anticipated State special funds receipts.

(b) Provide additional data and information, as required by the Office of Budget Director, for consideration of the financial request; and

(c) Forward copies of requests to the Office of Controller General simultaneously with the submission to the Budget Director.

Section 2. The Budget Director shall review the proposed plan(s) of expenditures and make such adjustments or revisions as he may deem necessary to conform to State policies. Upon completion of such review, the Budget Director shall submit the proposed planis) of expenditures to the Governor together with recommendations and reasons for revision, if any.

Section 3. The Governor upon receipt of the proposed plan(s) of expenditures from the Budget Director may make such changes as he may deem necessary and shall submit such Monis) as part of the proposed budget and budget appropriation bill to the General Assembly on or before February I of each year.

Section 4. The Joint Finance Committee shall review the proposed plan(s) of expenditures of State special funds. The Joint Finance Committee may cause agencies expending such funds to provide such information and to answer such questions as the committee shall require. The Joint Finance Committee may make such changes in the proposed plan(s) of expenditures as it may deem necessary. Upon approval, the Joint Finance committee shall submit the proposed expenditure plan(s) to the General Assembly for consideration.

Section 5. Amend Chapter 76, Title 29, Delaware Code, by striking the Chapter in its entirety therefrom and substituting in lieu thereof a new Chapter 76 to read as follows:

"CHAPTER 76. FEDERAL GRANT AND NON-FEDERAL GRANT COORDINATION

"§7601. State Clearinghouse Committee.

'There is hereby established the Delaware State Clearinghouse Committee for federal grant and non-federal grant coordination. The Committee shall consist of the Chairman and the Vice Chairman of the Joint Finance Committee, who shall serve as the Chairman and the Vice Chairman, respectively, of the Clearinghouse Committee, the Controller General, the Budget Director, the Director of the Delaware Development Office, the Secretary of Finance, and four members of the General Assembly, as follows: one member appointed by the President Pro Tempore and one member appointed by the Minority Leader of the Senate; and one member appointed by the Speaker of the House and one member appointed by the Minority Leader of the House of Representatives. The Budget Director shall function as the Secretary of the Committee, and the Office of the Budget shall provide the necessary staff support. The Office of Controller General shall provide staff support to the Committee, as required by the Chairman or the Vice Chairman. The members of the Committee shall serve until their successors are selected.

"§7602. Powers, duties and functions of Committee.

"The Clearinghouse Committee shall:

"(1) Establish state goals and objectives for maximizing the utilization of federal aid and non-federal aid programs.

"(2) Promulgate procedures and guidelines for all state departments, agencies, public and higher education covering applications for federal grants and non-federal grants.

"(1) Require, upon request, any state department, agency, public and higher education receiving a grant of money from the federal government or a non-federal grant to submit a detailed report to members of the Committee of expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the agency submitting such a report to appear before the Committee and to answer such questions as the committee may require.

"(1) Meet as often as it is deemed necessary by the Chairman of the committee for the purpose of establishing policy, reviewing and approving or disapproving applications for federal and non-federal grants."

"§7603. Submission of plans and applications.

"Prior to submitting state or local plan(s) or application(s) to federal or non-federal authorities for the purpose of receiving funds such plan(s) or application(s) shall be submitted to the Office of Budget Director for review and approval or disapproval by the Committee. Copies of plans and applications shall be provided to the Chairman of the appropriate legislative standing committee in each house of the General Assembly for his review. The Chairman of the legislative standing committee may submit comments on such plans and applications to the Delaware State Clearinghouse Committee. This section shall apply to:

"(1) All state departments and agencies, including agencies of public and higher education, receiving funds pursuant to the annual Budget Appropriation Act; and

"(2) Any other agency or entity, whether public or private, including political subdivisions of the State, receiving state funds to be used in part or in total as match for receiving federal or non-federal funds or which through the receipt and expenditure of federal or non-federal funds impact state expenditures."

"§7604. Required Public Hearing on Applications for Block Grants.

The Delaware State Clearinghouse Committee shall be the designated Committee to hold any required public hearing on an application for a block grant from the federal government for the following purposes:

"(a) To permit public examination of the projected use and distribution of block grant funds;

"(b) To allow affected residents of the State of Delaware or appropriate units of local government to examine the application and submit comments; and

"(c) To obtain views of residents of the State of Delaware.

"The public hearing may, at the Committee's discretion, be held at the same time the agency's application for block grant funds is reviewed, approved or disapproved by the Committee. Notice of a public hearing shall be given, in addition to such other methods as the Committee may determine, by publication in a newspaper of general circulation in this State at least 10 days preceding the date of said public hearing, except where a longer period is expressly provided by applicable law. The notice shall state the date, time and place of the public hearing and specify the matters to be considered thereat."

Section 6. If any section, subsection, or part of this Act is declared unconstitutional, such judgment shall not invalidate the whole or any other part of this Act.

Section 7. If the provisions of this Act arc inconsistent with any other act or provision of the Delaware Code, such other acts or provisions are hereby repealed to the extent of their inconsistencies; provided, however, that provisions of the Delaware Code which contain expressed or implied prohibition of diversions of special State receipts shall not be repealed.

Section 8. This Act shall become effective on July 1, 1982.

Approved June 24, 1982.