CHAPTER 250

FORMERLY

SENATE BILL NO. 475

AN ACT TO AMEND TITLE 29, DELAWARE CODE, CREATING A NEW CHAPTER 64 RELATING TO BUDGET APPROPRIATION BILL POLICIES AND PROCEDURES.

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

Section 1. Amend Title 29, Delaware Code, by adding thereto a new Chapter 64 to read as follows:

"Chapter 64. Budget Appropriation Bill Policies and Procedures.

§6401. Intent.

The intent of this chapter establishes the policies and procedures for implementation of the Budget Appropriation Bill.

§6402. Scope.

All State Departments and Agencies receiving appropriations as set forth in the Budget Appropriation Bill.

§6403. Definitions.

As used in this Chapter the terms 'Department' and 'Agency' mean those entities receiving an appropriation in the Budget Appropriation Bill.

§6404. General Provisions.

(a) Nothing contained in any contract entered into, pursuant to Title 19, Chapter 13, or Title 14, Chapters 13 and 40, Delaware Code, which contract is entered into or renegotiated after July 1, 1973, shall require the payment of monies for any item, purpose or benefit for which a specific appropriation by the General Assembly has not been made for the current fiscal year or any subsequent fiscal year or any part thereof, during which such contract is effective.

(b)(1) The provisions for salaries in the Budget Appropriation Bill are projected to cover the salaries and wages which shall become due and payable during the fiscal year. All agencies shall stay within their appropriations for salaries as well as positions authorized.

(2) The Budget Appropriation Bill assumes salary savings in all branches of State government. All agencies in the Judicial, Executive, and Legislative branches of State government are directed to continue any and all vacancies within their respective agencies as necessary to remain within their level of funding for salaries and wages.

(c) All agencies/school districts receiving energy funding in the Budget Appropriation Bill must make monthly consumption and/or purchase reports to the Energy Office.

(d) At the close of the fiscal year, all unencumbered appropriated special funds shall revert to the budget unit internal program unit/holding account, except Title IV-D (ASF) funds, unless otherwise specified.

(e)(1) Where the number of employee positions has been set forth in the salary line appropriation for an agency in Section 1 of the Budget Appropriation Bill, such number shall be interpreted to mean equivalent full-time positions. The Personnel Director shall maintain a listing of the employee positions as provided, the salary or wage for each position, and the source of funding. A report of this listing shall be furnished monthly by the Personnel Director to the Budget Director and the Controller General. The total of such salaries and wages for each agency shall not exceed the agency appropriation therefore and the number of employee positions shall not be changed except as provided in Subsection (e)(2) of this Section. During the period when recruit classes for State Police are in training, the total number of employees shall apply only to uniformed personnel authorized for duty.

(2) The number of employee positions authorized as equivalent full-time positions paid by General Fund appropriations and the number of other positions, paid by funds other than General Fund appropriations are reflected in Section 1 of the Budget Appropriation Bill within each agency for the fiscal year. No agency shall change the total number of positions within each funding source without prior approval of the Delaware State Clearinghouse Committee; and no agency shall transfer a position between divisions/appropriation units except with the approval of the Delaware State Clearinghouse Committee. All Job Training Partnership Act funds expended for full-time positions shall be employed within the State of Delaware.

(f) Funds provided in Section 1 of the Budget Appropriation 8111 may be expended for purposes in which agencies have specifically entered into agreement with the Federal Government for the reimbursement of such expenses; provided, however, that the Federal Government specifically requires such reimbursement procedures and that the agency has specific authorization in accordance with the provisions of Title 29, Chapter 76, Delaware Code, Federal Grant and Nonfederal Grant Coordination, to enter into such program; and, provided that such reimbursements be accounted for in conformance with the Budget and Accounting Manual and that such reimbursements be used to fulfill the intent and purposes of Section 1 of the Budget Appropriation Bill.

(g)(1) The Budget Appropriation Bill contemplates receipt of federal funds and State special funds for certain programs or functions administered by agencies. Funds herein appropriated in Section 1 of the Budget Appropriation Bill to match the Federal or State special funds shall be expended only to the extent that Federal or State special funds shall have been made available.

(2) Upon being informed that such program or function is terminated or funds therefore are reduced, the head of the agency shall immediately notify, in writing, the people identified in this Subsection and promptly:

(a) Reduce proportionately the expenditure of funds from the matching General funds of the State appropriated to match such Federal or State special funds; and

(b) Submit, in writing, to the Governor, Chairman and Vice Chairman of the Joint Finance Committee, Controller General, Budget Director, and Secretary of Finance a plan describing how each individual program or function will be accomplished, including General Fund operating budget line item expenditure reductions.

(3) Upon notification that the Federal or State special funds are reduced or terminated when the General Assembly is duly convened, the Governor or the Joint Finance Committee may propose legislation for consideration by the General Assembly to continue the program or function. In the event the General Assembly does not authorize continuation of the program or function, the Budget Director is hereby directed to revert the remaining matching General Funds.

(4) Agencies who are recipients of federal funds in support of programs or services, and have indirect costs or any costs identified as a Section II cost, per the Statewide Cost Allocation Plan (SWCAP), shall budget these costs when the application is presented to the Delaware State Clearinghouse.

(h)(1) The Legislature finds that through a cooperative agreement between the Division of Child Support Enforcement, Department of Health and Social Services, Family Court of Delaware, and the Office of the Attorney General, the Federal Government has been reimbursing Family Court and the Office of the Attorney General for General Funds disbursed for certain expenses incurred in the delivery of child support services. This Section directs that:

(2) The Family Court of Delaware, the Office of the Attorney General and the Department of Health and Social Services shall continue such cooperative agreement for the purpose of seeking appropriate reimbursement from the Federal Government for General and appropriated special funds expended for certain expenses incurred in the delivery of child support services by Faintly Court and the Office of the Attorney General.

(3) Upon receipt of such reimbursement from the Federal Government, the Family Court of Delaware, the Office of the Attorney General and the Department of Health and Social Services shall remit such reimbursement into a special fund account in the Office of the State Treasurer as established by the Budget Director.

(a) This fund shall be utilized for determining the next fiscal year's appropriated special funds appropriation for Family Court, the Office of the Attorney General and any other agency receiving Title IV-D Funds. In the event that an amount in this fund represents a recovery based on the Statewide Cost Allocation Plan, then such amount shall not be considered for appropriation.

(b) The balance of the special fund account not appropriated for the next fiscal year shall revert to the General Fund prior to December 31.

§6409. Judicial.

The fiscal year in which bills are received will be the factor in determining the chargeable fiscal year for the Administrative Office of the Courts for payments to court-appointed, non-contract attorneys for billings that span multiple fiscal years.

§6410. Executive Department.

(a) In the event that the amount authorized in the appropriated special fund budget in Section 1 of the Budget Appropriation Bill for the Office of State Personnel, Pensions for Contractual Services (investment expenses) is insufficient, the appropriated special fund budget may be amended to adjust for such insufficiency upon request of the Board of Pension Trustees and approved by the Budget Director and the Controller General.

(b) any agency with classified positions filled or unfilled and temporary and/or casual and seasonal personnel paid from funds other than those appropriated from the General Fund of the State shall pay to the Office of State Personnel, from the special funds, a prorated share of the expense of the Office of State Personnel, as approved by the Budget Director and the Controller General. Such payments shall be used by the Office of State Personnel to supplement the funds appropriated to the Office from the General Fund of the State in the annual Appropriation Act.

(c) The sums appropriated in a fiscal year to Criminal Justice Council (10-07-01) for criminal justice planning grants to State agencies to provide funds to match grants from the Federal Government, which are not disbursed on June 30 of the fiscal year appropriated, shall continue to be available on a matching basis for the life of each criminal justice program grant, or for three fiscal years, whichever first occurs. Any unexpended funds appropriated from the General Fund of the State which remain unexpended or unencumbered shall revert to the General Fund of the State.

§6420. Department of State.

All purchases or rental of hardware and equipment used to create, duplicate, process, read or print microfilm shall require the prior written approval of the Bureau of Archives and Records Management, Division of Historical and Cultural Affairs, Department of State. Also, all microfilm supply purchases must meet established standards and receive the Bureau's prior approval. The Department of Finance may not approve for payment any requests for micrographics-related purchases or rentals without such approval.

§6425. Department of Finance.

The Department of Finance, Division of Revenue, is authorized to maintain an appropriated special fund dedicated to the collection of delinquent taxes. The positions authorized to be funded through this account and all associated expenditures made from this account shall be for the purpose of collection of delinquent taxes. All collections on cases which have been referred to the Division's Bureau of Tax Collections shall be deposited to this special fund until the amount deposited shall reach $350,000. Unencumbered balances on June 30 of each fiscal year, in excess of $50.000, shall be deposited into the General Fund.

The Director of the Division of Revenue shall submit to the Controller General a report detailing expenditures from this account and revenues generated as a result of expenditures from the account. Said report shall be submitted by January 1 of each year for the preceding fiscal year.

§6435. Department of Health and Social Services.

If at any time during the fiscal year, there should be a temporary delay in receiving federal matching funds for the AFDC Program within the Department of Health and Social Services, such funds as may be required to assure the timely distribution of the public assistance checks shall be advanced and shall be paid by the State Treasurer from the General Fund. The Department of Health and Social Services shall promptly reimburse the General Fund upon receipt of the federal matching funds. However, there shall not be an advance of funds for the purpose described above, if all such previous advancements have not been fully reimbursed."

Approved June 27, 1990.