CHAPTER 509

FORMERLY

SENATE BILL NO. 458

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE BUDGET, ACCOUNTING AND PAYROLL POLICIES AND PROCEDURES

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

Section 1. Amend §2706(a), Title 29, Delaware Code by deleting the phrase "a check signing machine" as it appears in said subsection.

Section 2. Amend §5942(a), Title 29, Delaware Code by adding the phrase or electronic approval" between the words "certification" and of as they appear in said subsection.

Section 3. Amend §5942(b), Title 29, Delaware Code by deleting the first sentence in its entirety as it appears in said subsection and inserting the following:

"The Director shall conduct such post audits of State payrolls and such other investigations as deemed necessary to ensure that this chapter and the rules, regulations, and orders thereunder are being observed."

Section 4. Amend §5943(c), Title 29, Delaware Code by deleting the last sentence in is entirety as it appears in said subsection and inserting the following:

"Disciplinary action shall not be taken against any employee in the classified service who merely approved such document authorizing overpayment unless the person so approving participated in the preparation of such document."

Section 5. Amend §5943(e)(4)(b.), Title 29, Delaware Code by deleting the phrase "and step" as it appears in said subparagraph.

Section 6. Amend §5943(f), Title 29, Delaware Code by deleting said subsection in its entirety and inserting the following in lieu thereof:

"(f) For the purpose of subsections (d) and (e) of this section, the Director of Personnel or his designee shall determine whether an employee is properly appointed. The Director of his designee shall certify the appointment by approving the state personnel transaction supplied by the agency. The approval of the Director or his designee shall relieve any officer or appointing authority from liability because of an improper appointment, except where the improper appointment was effected through the fraud of any officer or appointing authority. The approval of the Director or his designee shall similarly relieve any officer or appointing authority from liability for the payment of wages, benefits or both arising under subsections (d) or (e) of this section, except where the officer or appointing authority is grossly negligent in disregarding any provision of this chapter, the merit rules or the Director's regulations adopted thereunder. Such approval by the Director of his designee shall not prevent the appointing authority from taking disciplinary action against any employee in the classified .service who negligently prepared the document authorizing the overpayment of wages, benefits or both."

Section 7. Amend §6103, Title 29, Delaware Code by deleting the words "signed by the responsible head of each agency" as it appears in the last sentence of said section and inserting the words "with the appropriate approvals as prescribed in the accounting manual".

Section 8. Amend §6512, Title 29, Delaware Code by deleting subsections (a) through (f) in their entirety and inserting the following in lieu there:

"(a) It shall be unlawful for any agency to create any indebtedness or incur any obligation for personal services, work or labor, or for property, materials or supplies, except by written, printed or electronic requisition or order according to the form or format prescribed by the accounting manual unless specifically exempted therein and bearing the approval or approvals as prescribed by the accounting manual.

(b) The Secretary of Finance shall prepare the form of such orders or requisitions and shall provide a space or means to affix the approval(s) necessary.

(c) It shall be a breach of duty for any officer to approve any order or requisition in blank and a violation of this provision shall be a cause for removal from office.

(d) Whenever any agency shall make any order or requisition, such transaction shall be transmitted to the Division of Accounting as prescribed by the accounting manual.

(e) This section shall not apply to the Governor of this State nor to any judiciary department thereof."

Section 9. Amend §6515, Title 29, Delaware Code by deleting subsections (a) through (d) in their entirety and inserting a new (a) through (d) as follows:

"(a) No money shall be drawn from the Treasury of this State to pay the salaries and expenses of employees of this State, or to defray the expenses of any agency, or for or on account of any contract for building or repairs, or for property purchased, or for work and labor performed or for materials or supplies furnished to any agency, except upon legitimate itemized bills, invoices or statements presented to, reviewed and approved by an approving official of the agency being charged.

(b) Such obligations shall he paid only upon processing of the appropriate payment transactions as prescribed by the accounting manual, unless specifically exempted therein, and bearing the approval or approvals as prescribed by the accounting manual.

(b) If the payment transaction involves no violation of any provision of this chapter or of any state statute, the Division of Accounting shall cause the transaction to be approved and released for disbursement processing.

(c) For the payment of salaries, pensions or any other obligations for which bills, invoices or statements are not renderable, the Secretary of Finance shall process a payment transaction which shall be approved by him/her directing and authorizing the payment of the amounts due and payable."

Section 10. Amend §6516, Title 29, Delaware Code by deleting subsections (a) and (b) in their entirety and inserting a new (a) and (h) as follows:

"(a) The approval of any bill, invoice or statement by the Secretary of Finance, or the presentation of any payment transaction approved by him/her, shall be considered full authority for the payment of the same by the State Treasurer.

(b) All checks shall be drawn in consecutive numerical order. The Secretary of Finance shall keep records of expenditures of all state agencies so that the amount and nature of all such expenditures may be readily ascertained."

Section 11. Amend §6525, Title 29. Delaware Code by deleting said section in its entirety.

Section 12. Amend 0526, Title 29. Delaware Code by deleting said section in its entirety.

Section 13. Amend 0528(a),Title 29. Delaware Code by deleting the word "written" as it appears in said subsection.

Section 14. Amend §6528(b), Title 29, Delaware Code by deleting the word "written" as it appears in the subsection.

Section 15. Amend §6528(f), Title 29, Delaware Code by deleting paragraphs (1) and (2) in their entirety and inserting a new (1) and (2) as follows:

"(1) Specific nonroutine requirements. which shall be documented and controlled through separate accounts within the Budget Office contingencies.

(2) Personnel costs to meet overall state personnel cost requirements. Such transfers shall be fully documented."

Section 16. Amend §6528(i), Title 29, Delaware Code by deleting the first sentence of said subsection in its entirety and inserting a new sentence as follows:

"Agencies completing organization restructuring approved in § 1 of the Budget Appropriation Bill or any other legislation authorizing such organizational changes are hereby authorized to transfer funds between organizational units."

Section 17. Amend §8304(2), Title 29, Delaware Code by deleting the words "Budget Director" as they appear in said subsection and inserting the words "state's financial management and prescribed in the accounting manual;".

Section 18. Amend §8304(3), Title 29, Delaware Code by deleting said subsection in its entirety and inserting a new (3) as follows:

"(3) Prepare the form or format to be used in making out accounts or statements of indebtedness. Such forms or formats shall contain a notice that no account or statement of indebtedness thereon shall be valid unless an order or requisition authorizing such account or statement of indebtedness has been prepared in accordance with policies prescribed in the accounting manual."

Section 19. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 20. This Act shall become effective upon its enactment into law.

Approved July 12, 1996