Chapter 63

§ 6301 Definitions. As used in this chapter: (1) “Agency” includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State. (2) “Anticipated expenditure” includes any items included in the budget which are estimated or proposed to be expended by any agency at any future time. (3) “Budget” includes the complete financial plan of the State as evidenced by all appropriations and allowances made and estimates of revenue approved by the General Assembly, including, in addition to the general budget of appropriations adopted by the General Assembly and approved by the Governor, all other appropriations and allowances authorized by law which have been or shall be made to any agency of this State which is supported in whole or in part out of the revenues, taxes, licenses, fees, permits, fines and from other sources including any agency which is empowered by statute to collect and expend revenues by the use of special funds by whatever name known whether or not specifically appropriated by the General Assembly, and includes the budgets and the revenues and expenditures of all agencies to which moneys are appropriated by supplementary appropriations or otherwise. (4) “Expenditures” includes any outlay of public moneys by authority of any law of this State and includes the expenditure of any appropriation authorized by the General Assembly of the State. (5) “Grant-in-aid” includes an appropriation of the public money from the General Fund for a public purpose to any county, municipality, corporation, private agency or person. 42 Del. Laws, c. 204, §§  7, 10 ; 29 Del. C. 1953, §  6301; 54 Del. Laws, c. 39, §  2 ; 63 Del. Laws, c. 196, §  1 ; § 6302 Composition of the Budget Commission. There shall be a Budget Commission which shall consist of the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer and the Secretary of Finance. 42 Del. Laws, c. 204, §  2 ; 43 Del. Laws, c. 284 ; 29 Del. C. 1953, §  6311; 54 Del. Laws, c. 39, §  5 ; 57 Del. Laws, c. 582, §  4 ; 59 Del. Laws, c. 378, §  9 ; 65 Del. Laws, c. 219, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6312 Organization; powers and duties. (a) The Governor shall be the Chairperson of the Budget Commission. The Budget Commission shall meet upon the call of the Chairperson to review for approval agency requests presented to the Commission as prescribed by the laws of this State. (b) The Director of the Office of Management and Budget shall serve as the Secretary of the Budget Commission. In said capacity the Director of the Office of Management and Budget shall: (1) Attend all meetings of the Budget Commission and keep, or cause to be kept a true and complete record of the proceedings of such meetings. (2) Keep correct and complete records of account, showing accurately at all times the financial condition of the Budget Commission. (3) Sign all minutes, contracts, agreements and other documents approved by the Budget Commission except in those instances wherein the Chairperson of the Budget Commission signs those documents. (c) The Budget Commission shall advise the Governor and the Director of the Office of Management and Budget concerning all of the powers and duties vested in the office of the Director of the Office of Management and Budget, specifically including the preparation of the proposed budget as set forth in §§ 6333 and 6334 of this title. 42 Del. Laws, c. 204, §  3 ; 29 Del. C. 1953, §  6312; 54 Del. Laws, c. 39, §  3 ; 69 Del. Laws, c. 64, §  53 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 365, §  1 ; 75 Del. Laws, c. 88, §  2 ; § 6331 Data on legislative and judicial expenses. (a) The Director of the Office of Management and Budget shall determine the actual expenses of each last preceding legislative session. (b) On or before November 15, annually, estimates of the financial needs of the state judiciary for the ensuing fiscal year shall be furnished to the Director of the Office of Management and Budget by the Clerk of the Supreme Court and certified by him or her. These estimates shall include without change, salaries of the state judiciary as fixed by law; the estimates of other requirements for the state judiciary for the ensuing fiscal year shall be included as designated to the Clerk of the Supreme Court. (c) All of the data relative to the legislative branch of the government and the state judiciary shall be for the Office of Management and Budget Director’s information and guidance in estimating the total financial needs of the State for the ensuing fiscal year, but none of these estimates shall be subject to revision or review by the Director of the Office of Management and Budget and must be included in the budget report as prepared by it. 37 Del. Laws, c. 81, §  6 ; Code 1935, §  5404; 42 Del. Laws, c. 204, §  6 ; 29 Del. C. 1953, §  6331; 54 Del. Laws, c. 39, §  4 ; 67 Del. Laws, c. 47, §  73 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  21(13) ; § 6332 Hearings on estimates; attendance by Governor-elect. (a) The Director of the Office of Management and Budget shall provide, by the giving of such notice as the Director of the Office of Management and Budget deems necessary, for public hearings on any and all estimates to be included in the budget, which hearings shall be held beginning not later than November 15 of each year. These hearings shall be open to the public and to the press and any citizens or authorized representatives of any organization, or group of citizens, may attend these hearings and be heard upon any subject matter properly in review. The head, or authorized representative, of any agency of the State receiving or asking financial aid may attend and be heard in explanation of any request for financial aid contained in any estimate submitted to the Director of the Office of Management and Budget. (b) In the years of the gubernatorial election, the Governor-elect may sit at these hearings and ask such questions and require such information upon the estimates under review and revision as the Governor-elect deems proper. The Governor-elect may also prepare a statement of any recommendation or suggestion in connection with the proposed budget and such statement shall be presented to the General Assembly simultaneously with the presentation of the budget bill. 37 Del. Laws, c. 81, §  7 ; Code 1935, §  5405; 42 Del. Laws, c. 204, §  6 ; 29 Del. C. 1953, §  6332; 54 Del. Laws, c. 39, §  4 ; 67 Del. Laws, c. 47, §  74 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  21(13) ; § 6333 Date of completion of estimate review; power of revision. (a) On or before December 15, annually, the Director of the Office of Management and Budget shall complete a review and revision of the estimates of all agencies of the State asking or receiving financial aid. (b) The Director of the Office of Management and Budget may, in making the review under subsection (a) of this section, revise, by increasing or decreasing, any estimate submitted to the Director of the Office of Management and Budget, except estimates of the judiciary and the General Assembly. In the report required under § 6334 of this title, the Director of the Office of Management and Budget shall indicate, where each revision is made, together with the reasons for each revision. (c) The review required under this section shall include the appropriations to the OPEB Fund required under § 5544(c)(2) of this title. 37 Del. Laws, c. 81, §  8 ; Code 1935, §  5406; 42 Del. Laws, c. 204, §  6 ; 29 Del. C. 1953, §  6333; 54 Del. Laws, c. 39, §  4 ; 67 Del. Laws, c. 47, §  75 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  21(13) ; 84 Del. Laws, c. 100, § 2 ; 84 Del. Laws, c. 469, § 2 ; § 6334 Contents of budget plan to be submitted upon completion of review; zero-based budgeting. (a) Upon the completion of the review and revision of estimates of all the agencies of the State, the Director of the Office of Management and Budget shall submit to the Governor an itemized plan for the proposed expenditures of each agency of the State, classified by function and character, and of the estimated revenues and expenditures, for the ensuing fiscal year. Opposite each item of the proposed expenditures the budget shall show, in separate parallel columns, the amounts appropriated for the current fiscal year and the actual expenditures of the immediate preceding fiscal year. (b) Accompanying the report submitted to the Governor, the proposed budget as prepared by the Director of the Office of Management and Budget shall include: (1) A statement of the revenues and expenditures for the preceding fiscal year, classified and itemized in accordance with the official budget classification; (2) A statement of the classified sources of state taxes and other state revenues, together with total amount of revenue derived from each source during the preceding annual period; (3) A statement setting forth the total funds required to meet the budget for the ensuing fiscal year, together with any proposed plan for financing these requirements and measures, if any, which the Governor may deem necessary or advisable in relation to state revenue; (4) Such other statements or data as the Governor may think are necessary for a thorough understanding of the State’s financial condition and requirements. (c) The proposed budget plan, as prepared by the Director of the Office of Management and Budget, shall be in the format of a zero-based budget. The characteristics of such format shall include: (1) The designation of appropriate budget units within all agencies of the State. Such budget units shall consist of a limited coherent group of closely related activities and services falling within a single, currently established agency of the State. (2) The designation of various alternate levels of activity or service within each budget unit. Each service or activity level shall specify: The proposed expenditure necessary to operate at that level; a concise description of the services or functions to be provided; indicators of quantity and quality of performance of these services or functions and the number, classes and dollar amounts of employees required. Alternative levels of activity or service may vary the quality, the quantity or propose an alternative method of providing a given level or service. At minimum, each budget unit shall indicate at least two activity or service levels. Additional activity or service levels may be proposed if deemed appropriate. (d) The proposed budget plan under this section shall include the appropriations to the OPEB Fund required under § 5544(c)(2) of this title. (e) The requirement to submit a budget in the zero-based format is waived for those agencies which will be part of the strategic planning and budgeting process. 37 Del. Laws, c. 81, §  9 ; Code 1935, §  5407; 42 Del. Laws, c. 204, §  6 ; 29 Del. C. 1953, §  6334; 54 Del. Laws, c. 39, §  4 ; 61 Del. Laws, c. 131, §  1 ; 67 Del. Laws, c. 47, §  76 ; 67 Del. Laws, c. 281, §§  51, 52 ; 75 Del. Laws, c. 88, §  21(13) ; 84 Del. Laws, c. 100, § 3 ; 84 Del. Laws, c. 469, § 3 ; § 6335 Changes in budget plan by Governor; submission of proposed budget and Budget Appropriation Bill to General Assembly. (a) (1) The Governor, upon receipt of the report of the Director of the Office of Management and Budget under § 6334 of this title, may make such changes in the report as the Governor may deem necessary or desirable in accordance with the Governor’s own best judgment and conclusion and shall submit the budget report as prepared by the Governor based upon the report of the Director of the Office of Management and Budget to each House of the General Assembly, on or before February 1 of each year. (2) At the same time the Governor submits the proposed budget, the Governor shall submit copies of a tentative bill for all proposed appropriations for the budget, clearly itemized and properly classified for the ensuing fiscal year. This bill shall be known as the “Budget Appropriation Bill.” (3) The Budget Appropriation Bill shall include the appropriations to the OPEB Fund required under § 5544(c)(2)a. and (c)(2)c. of this title. If a Budget Appropriation Bill does not include the appropriation to the OPEB Fund required under § 5544(c)(2)b. of this title, that appropriation must be made in a Supplementary Appropriation Bill under § 6339 of this title. (4) The Budget Appropriation Bill submitted by the Governor must consider the Benchmark Appropriation and Budget Stabilization Fund requirements, as set forth in § 6533(i) through ( l ) of this title, unless the Governor deems any changes necessary or desirable, in accordance with the Governor’s own best judgement and conclusion, and detail the proposed plan for financing these requirements and measures, if any, in relation to state revenue or reserve funding under § 6533(i)(2) of this title. The Governor may explain in the budget report any changes from the Benchmark Appropriation and Budget Stabilization Fund requirements. (b) The budget itself shall be in such form that it can readily be analyzed. The Budget Appropriation Bill, together with the Governor’s message and all data accompanying it, shall be a public document and shall be printed, duplicated or otherwise mechanically reproduced as soon as presented, and copies thereof shall be furnished to each member of the General Assembly, to each state agency and to all of the newspapers published in the State and it shall be given such other publicity as the Governor deems proper. All dollar amounts in the Budget Appropriation Bill shall be stated in thousands of dollars, rounded to the nearest $100. 37 Del. Laws, c. 81, §  10 ; Code 1935, §  5408; 29 Del. C. 1953, §  6335; 54 Del. Laws, c. 39, §§  4, 6 ; 60 Del. Laws, c. 1, §  1 ; 62 Del. Laws, c. 68, §  45 ; 67 Del. Laws, c. 47, §  77 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  21(13) ; 84 Del. Laws, c. 100, § 4 ; 84 Del. Laws, c. 294, § 1 ; 84 Del. Laws, c. 469, § 4 ; § 6336 Consideration of the budget and Budget Appropriation Bill by a joint committee of the General Assembly. The standing committees of each House in charge of the Budget Appropriation Bill shall sit jointly in open session while considering the budget and the Budget Appropriation Bill and they shall begin such joint meetings within 5 days after the budget and the Budget Appropriation Bill have been submitted to the General Assembly by the Governor. This joint committee may cause the attendance of heads or responsible representatives of the agencies of the State asking for financial aid and compel the furnishing of such information and the answering of such questions as the joint committee shall require, and to these sessions all persons interested in the estimates under consideration shall be admitted with the right to be heard. The Governor, or the Governor’s representative, and the Governor-elect shall have the right to sit at these public hearings and be heard on all matters coming before the joint committee. 37 Del. Laws, c. 81, §  11 ; Code 1935, §  5409; 29 Del. C. 1953, §  6336; 70 Del. Laws, c. 186, §  1 ; § 6337 Changes in Budget Appropriation Bill by General Assembly; limitation. The General Assembly may increase, decrease or eliminate items in the Budget Appropriation Bill in any way that is not contrary to the Constitution of the State, except as hereinafter provided, but neither House shall consider further or special appropriations, except in case of emergency, which fact shall be clearly stated in the appropriation bill therefor, until the Budget Appropriation Bill shall have been finally acted upon by both Houses. No items providing for appropriations for payment of interest or principal due on state debt shall be decreased or eliminated. The total budget appropriation items may not be increased in the aggregate to a point where they would exceed the state revenue from all sources as estimated in the budget. 37 Del. Laws, c. 81, §  12 ; Code 1935, §  5410; 29 Del. C. 1953, §  6337; 52 Del. Laws, c. 198. ; § 6338 Amendment of the Bill by the Governor before final action by the General Assembly. The Governor may, before final action thereon by the General Assembly, amend or supplement the Budget Appropriation Bill to correct an error or oversight or in case of an emergency, by delivering such an amendment or supplement to both Houses. The amendment or supplement shall thereby become a part of the Budget Appropriation Bill as an addition to the items of the Bill or as a modification or substitution for any item of the Bill such amendment or supplement may affect. 37 Del. Laws, c. 81, §  14 ; Code 1935, §  5412; 29 Del. C. 1953, §  6338; § 6339 Supplementary appropriations; limitation. Any further or special appropriations shall be known as supplementary appropriations. Every such appropriation shall be embodied in a separate bill limited to some single work, object or purpose therein stated and called herein a “Supplementary Appropriation Bill.” Each Supplementary Appropriation Bill, shall, by its provisions, provide or designate the source from which the money therein appropriated is to be derived. No Supplementary Appropriation Bill shall be passed, if when added to the appropriations already authorized, the aggregate appropriations exceed in amount the state revenues from all sources as set forth in the budget. 37 Del. Laws, c. 81, §  13 ; Code 1935, §  5411; 29 Del. C. 1953, §  6339; 52 Del. Laws, c. 198 ; 67 Del. Laws, c. 47, §  78 ; § 6340 Other employment costs (fringe benefits). (a) There shall be included, immediately following the lines for items which provide for salaries or wages of state employees in any department, division or agency budget, appropriation or supplementary appropriation request or bill, a separate line or item covering other employment costs (fringe benefits) related to such salaries or wages. No appropriation for such other employment costs shall be used or transferred to or for any other purpose. (b) Other employment costs shall include such costs to the State as federal insurance contributions (Social Security), state retirement plans (employees’ pensions), health-care insurance (Blue Cross and Blue Shield), workers’ compensation, unemployment insurance and such other fringe benefit plans as may be provided. (c) Each year, on or before August 1: (1) The Secretary of Finance shall determine the appropriate rate factor on an average or actual basis for each of the state benefit plans, excluding unemployment insurance; and (2) The Secretary of Labor shall determine on an average actual, or historical basis, the appropriate rate factor for each state agency, other than the University of Delaware, and the distribution of that rate to each fund pertaining thereto for unemployment insurance and shall prescribe the appropriate procedure for reimbursement thereof; in order that the Director of the Office of Management and Budget may advise each state agency how it shall provide for such other employment costs in their respective budget requests for the ensuing year. (d) Any department or agency employing personnel who are paid from federal funds or from capital improvement debt appropriations shall pay to the Treasurer of the State from such funds an amount based upon the rate factor for each of the state fringe benefit plans established under subsection (c) of this section applicable to salaries and wages paid to employees from such special funds. (e) The University of Delaware shall, on a regularly scheduled basis as determined by the Secretary of Finance, pay to the State Treasurer, at a rate determined under this section or otherwise by the Secretary of Finance, such amounts as are necessary to reimburse the State for fringe benefit costs applicable to salaries and wages paid to employees of the University as the term “employee” is defined in §§ 5501(f) and 5505 of this title, or any other fringe benefit costs applicable to the University. (f) Each state agency, other than the University of Delaware, liable for reimbursement payments in lieu of assessments in accordance with § 3345(c)(2) of Title 19, shall be required to reimburse the Department of Labor for all unemployment insurance reimbursements disbursed by the Department of Labor which arise out of unemployment insurance claims filed by and paid to an employee of such state agency. Such reimbursement shall be made according to the rate factor and distribution according to agency funds as shall be prescribed by the Secretary of Labor. (g) In the event any department or agency overpays or has overpaid any fringe benefit costs to the State Treasurer in accordance with subsection (d) of this section, the amount of such overpayment shall be refunded by the State Treasurer, upon certification of the Secretary of Finance. (h) Other employment costs are reflected within each agency budget for the current fiscal year. These other employment costs shall be calculated and charged to the appropriate funds as determined by the covered payroll and credited to the respective payee funds. (i) The State Treasurer is hereby directed to collect on each pay cycle all the other employment costs from all funds. 29 Del. C. 1953, §  6340; 58 Del. Laws, c. 579, §  1 ; 61 Del. Laws, c. 161, §  1 ; 63 Del. Laws, c. 391, §§  1-4 ; 67 Del. Laws, c. 281, §  53 ; 73 Del. Laws, c. 310, §  22 ; 73 Del. Laws, c. 312, §  245 ; 75 Del. Laws, c. 88, §  21(13) ; 79 Del. Laws, c. 174, §  1 ; § 6341 Grants-in-aid [Effective until July 1, 2028]. 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 3 / 4 of all the members elected to each House. 63 Del. Laws, c. 196, §  2 ; § 6341 Grants-in-aid [Transferred to 29 Del. C. § 6349, effective July 1, 2028]. Transferred to § 6349 of this title by 85 Del. Laws, c. 433, § 1, effective July 1, 2028. Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6342 Preparation of annual capital budget. The Director of the Office of Management and Budget shall prepare, and amend as necessary, a program of state public works, major capital improvement projects and other facilities undertaken or recommended to be undertaken by the State, or any of the authorities or other instrumentalities of the state government. Such program shall be submitted as the annual capital budget to the Governor at such time as it shall be deemed appropriate for submission to the General Assembly. The Director of the Office of Management and Budget shall maintain a report on the status of all capital projects funded by any debt offering issued by the State or by any of the authorities or other instrumentalities of state government. 63 Del. Laws, c. 189, §  1 ; 69 Del. Laws, c. 10, §  4 ; 75 Del. Laws, c. 88, §§  16(5), 21(13), 27 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6343 Advanced Planning and Real Property Acquisition Fund. (a) A nonappropriated special fund is created to be known as the “Advanced Planning and Real Property Acquisition Fund,” hereafter referred to in this subchapter as “Fund.” (b) The Fund shall be interest earning with such interest credited to the Fund. (c) The Fund shall be expended for the advanced planning of proposed public facilities in the State, including, but not limited to, the cost of architectural sketches, general site plans, preliminary engineering, general design services, legal, accounting and consulting services or such other services as may be deemed appropriate. Public facilities shall include public schools, health-care facilities, public safety and correctional institutions, libraries (if co-located) and other public buildings. (d) The Fund may be expended for earnest money of up to 10 percent for the acquisition of real property (including any options to purchase and any improvements thereon) by state agencies, reorganized school districts and vocational-technical school districts. The Fund may not be expended for highway right-of-way acquisition. 29 Del. C. 1953, §  4921; 55 Del. Laws, c. 430, §  2 ; 60 Del. Laws, c. 685, §  1 ; 63 Del. Laws, c. 179, §  10 ; 63 Del. Laws, c. 189, §  3(a) ; 67 Del. Laws, c. 285, §§  15(b)-(e) ; 69 Del. Laws, c. 10, §  7 ; 74 Del. Laws, c. 367, §§  5-8 ; § 6344 Withdrawals from the Fund. (a) Before any sum is withdrawn from the Fund for advanced planning or advanced real property acquisition, a request shall be made by the state agency, reorganized school district or vocational-technical school district desiring to erect or renovate a public facility or desiring to purchase real property to the Director of the Office of Management and Budget who shall report to the Budget Commission whether the request is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies. (b) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund to erect or renovate a public facility, the Director of the Office of Management and Budget must determine that the proposed public facility is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies and its construction is likely to be authorized within 3 years. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State’s comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of advanced planning for the proposed public facility. (c) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund for real property acquisition, the Director of the Office of Management and Budget must determine that the proposed real property acquisition is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State’s comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of earnest money for the acquisition of real property. 29 Del. C. 1953, §  4922; 55 Del. Laws, c. 430, §  2 ; 61 Del. Laws, c. 116, §  88(a) ; 61 Del. Laws, c. 521, §  1 ; 63 Del. Laws, c. 179, §  10 ; 63 Del. Laws, c. 189, §§  3(a)-(c) ; 67 Del. Laws, c. 285, §§  15(f)-(h) ; 69 Del. Laws, c. 10, §  7 ; 74 Del. Laws, c. 367, §§  9-11 ; 75 Del. Laws, c. 88, §  21(13) ; § 6345 Reversion of unused funds. Any moneys for advanced planning or for advanced real property acquisition provided by the Budget Commission to a state agency, reorganized school district or vocational-technical school district which shall not be used by the agency or district within 36 months shall be refunded to the Budget Commission to be redeposited in the Fund. 29 Del. C. 1953, §  4923; 55 Del. Laws, c. 430, §  2 ; 63 Del. Laws, c. 189, §  3(a) ; 67 Del. Laws, c. 285, §  15(i) ; 69 Del. Laws, c. 10, §  7 ; 74 Del. Laws, c. 367, §  12 ; § 6346 Reimbursement of the Fund. (a) Upon the funding of a capital project for which advance planning funds or advance real property acquisition funds have been provided from the Fund, a refund shall be made to the Fund from such funding by the State Treasurer from the appropriation made or other source of funds provided for the public facility or real property. (b) In the event that a capital project, for which advanced planning funds have been provided from the Fund is not included in a capital improvement act within 3 years, the Budget Commission may declare the project inactive and request the State’s bond issuing officers to reimburse the Fund from the Bond Reversion Account, § 7418 of this title notwithstanding. (c) If federal funds are received as reimbursement for any real property purchased with the Fund, such moneys shall be deposited as a refund to the Fund. (d) In the event real property is purchased and then plans for utilization of the site are abandoned, the state agency, reorganized school district, or vocational-technical school district, with approval of the Budget Commission, may sell the real property pursuant to Chapter 17 of Title 14 or Chapter 94 of this title, as applicable, and shall deposit the receipts to the Fund. 29 Del. C. 1953, §  4924; 55 Del. Laws, c. 430, §  2 ; 62 Del. Laws, c. 407, §  7 ; 63 Del. Laws, c. 179, §  10 ; 63 Del. Laws, c. 189, §  3(a) ; 67 Del. Laws, c. 285, §§  15(j)-(l) ; 69 Del. Laws, c. 10, §  7 ; 74 Del. Laws, c. 367, §§  13, 14 ; § 6347 Authorization for sale of school district bonds. In the case of a school district, use of funds authorized by this subchapter to purchase real property may constitute authorization for the sale of district bonds by the State after referendum as provided in § 7506 of this title and after the inclusion of said authorization in a subsequent state capital improvement program. 29 Del. C. 1953, §  4935; 56 Del. Laws, c. 128, §  1 ; 63 Del. Laws, c. 179, §  11 ; 63 Del. Laws, c. 189, §  4(a) ; 69 Del. Laws, c. 10, §  7 ; 74 Del. Laws, c. 367, §  16 ; § 6348 Authorization for sale of school district bonds [Transferred]. Transferred by 74 Del. Laws, c. 367, § 15, effective, July 19, 2004. Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6349 Grants-in-aid [Effective July 1, 2028]. (a) 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 ¾ of all the members elected to each House. (b) To be eligible for a grant-in-aid, an organization must meet all of the following: (1) Be 1 of the following: a. Incorporated as a nonprofit with IRS recognizable exempt status or operate under the umbrella of a parent organization that is an incorporated nonprofit with IRS recognizable exempt status. b. A state, county, or local government agency. (2) Be in operation for at least 2 years prior to applying for a grant-in-aid. (3) If the organization falls under paragraph (b)(1)a. of this section, it must have an active, community-represented, volunteer board of directors (board) that sets policies, goals, and objectives, and maintains minutes of regularly scheduled meetings and any special meetings. The organization’s board must adopt all of the following policies: a. A conflict of interest policy for board members. b. A whistleblower policy for the organization’s employees and volunteers, including board members. At a minimum, this whistleblower protection policy must include all of the protections under Chapter 17 of Title 19. (4) Be providing a service that is 1 or more of the following: a. Satisfying unmet needs in the community. b. Unduplicated by other state-supported agencies. c. Complementary or supplemental to other state-funded programs. d. Providing child care for school-age children before school, after school, or during the summer or other breaks in the course of the school year. (5) Have written accounting and budget procedures that are available upon the request of the Controller General. (6) Have demonstrated ability to fund at least half of its operations through sources of revenue other than a grant-in-aid. (7) Submit all of the following with the required application for a grant-in-aid: a. If the organization received a grant-in-aid for the current fiscal year, documentation of community support in the form of testimonials from Delaware residents who have benefited from the services provided using that grant-in-aid. An organization may not submit a testimonial in support of an application if the organization submitted that testimonial in support of a previous grant-in-aid application. b. 1. A copy of the organization’s most recent audit. The audit submitted under this paragraph (b)(7)b.1. must be issued within the previous 3 years and completed by either a certified public accountant or a public accountant. 2. Notwithstanding paragraph (b)(7)b.1. of this section, an organization that received a grant-in-aid for the current fiscal year that is less than $250,000 may submit a copy of the organization’s most recent review or compilation of financial statements if that review or compilation was completed within the previous 3 years by either a certified public accountant or a public accountant. 3. If an organization that received a grant-in-aid for the current fiscal year that is less than $250,000 cannot provide either an audit or a review or compilation of financial statements under paragraphs (b)(7)b.1. and (b)(7)b.2. of this section, the organization must submit a statement of the circumstances related to the reason it cannot comply with either requirement and must submit any available supporting documentation, including all of the following: profit and loss statements, budget materials, bank statements, and Internal Revenue Service Form 990. c. A signed certification that each member of the organization’s board has received a copy of the organization’s conflict of interest policy and either of the following: 1. A statement that all members of the organization’s board have attested to being in compliance with the organization’s conflict of interest policy. 2. A list of potential or perceived conflicts that board members have under the organization’s conflict of interest policy and a statement that the members of the organization’s board have attested to either being in compliance with the organization’s conflict of interest policy or to disclosing all potential or perceived conflicts. d. 1. A certification that the organization is not currently, and has never been, the defendant in any litigation regarding the misuse of money received from this State or grant money received from any source. 2. If the organization cannot provide the certification under paragraph (b)(7)d.1. of this section, the organization must disclose all actions against the organization for the misuse of money received from this State or under a grant, including all of the following for each action: the court caption, status of the case, and if applicable, the disposition and date thereof. (c) Grant-in-aid funding may not be used for any of the following: (1) The purchase of capital equipment. (2) The relocation, rehabilitation, renovation, or purchase of buildings. (3) The payment of any part of an elected official’s salary or benefits. (4) A political campaign or for partisan political purposes. (5) The hiring of lobbyists or other lobbying services. (6) Activities, programs, or services that benefit individuals who do not reside in Delaware. (7) Providing child care that does not meet the requirements under paragraph (b)(4)d. of this section. (d) Money appropriated under a grant-in-aid is paid to an organization in quarterly installments. (e) The Controller General may contract for or conduct a performance or financial audit of the receipt, handling, or expenditure of a grant-in-aid by an organization that is not a state agency. An audit under this subsection may not include funds other than the money appropriated under a grant-in-aid unless the money appropriated under a grant-in-aid is commingled with other funds in a manner that requires those other funds to also be audited. (f) The Controller General may delay or withhold a grant-in-aid installment payment if the organization does any of the following: (1) If required, fails to submit a quarterly statement of expenditures under the grant-in-aid. (2) Spends money from the grant-in-aid for purposes that were not included under the appropriation by the General Assembly. (3) Spends money for a purpose prohibited under subsection (c) of this section. (4) Ceases operation or is not providing some or all of the programs or services for which the grant-in-aid was appropriated. (g) An organization must repay money dispersed under a grant-in-aid if the Controller General, in consultation with the chair and vice-chair of the Joint Finance Committee, determines that the organization misused the money or failed to provide some or all of the programs or services for which the grant-in-aid was appropriated. 63 Del. Laws, c. 196, §  2 ; 85 Del. Laws, c. 433, § 1 ; 85 Del. Laws, c. 433, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6351 Short title. This subchapter is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” 85 Del. Laws, c. 275, § 1 ; § 6352 Purpose. The purpose of this subchapter is to preserve the Delaware Economic & Financial Advisory Council’s structure under executive order, while strengthening continuity, transparency, and clarity. 85 Del. Laws, c. 275, § 1 ; § 6353 Delaware Economic & Financial Advisory Council; establishment. The Delaware Economic & Financial Advisory Council (“DEFAC”) is hereby established. 85 Del. Laws, c. 275, § 1 ; § 6354 Membership. (a) DEFAC consists of at least 25, but no more than 34, members, including all of the following: (1) Four members of the General Assembly, as follows: a. One member from each of the House of Representatives’ majority and minority caucuses, who the Speaker of the House of Representatives appoints. b. One member from each of the Senate’s majority and minority caucuses, who the President Pro Tempore of the Senate appoints. (2) At least 12, but no more than 21, members who the Governor appoints from both the public and private sectors of this State’s economy. (3) The following ex officio members, who have the same rights, privileges, and duties as other members: a. The Controller General. b. The Director of the Office of Management and Budget. c. The Secretary of Finance. d. The Secretary of State. e. The Secretary of Transportation. f. The Secretary of the Department of Health and Social Services. g. The Joint Finance Committee co-chairs. h. The State Treasurer. (b) (1) The Governor shall appoint a chair from among DEFAC’s members, who serves at the pleasure of the Governor. (2) The members shall elect a vice chair from among DEFAC’s members, who serves a term of 2 years. The vice chair may call to order a DEFAC meeting that the chair has scheduled and preside until the chair arrives at that meeting. The vice chair has no other duties or authority under this subchapter. (c) Each appointed member serves at the pleasure of that member’s appointing authority. (d) If the total number of members drops below 25, the number of members may not remain below 25 for more than 3 months. (e) An ex officio member may select a designee from the agency the member represents to serve in the member’s stead and at the member’s pleasure. The ex officio member must provide the designation in writing to the chair. A designee has the same duties and rights as the ex officio member the designee represents. (f) (1) A majority of the members must be present at a DEFAC meeting in order to have a quorum and conduct official business. A vacancy on DEFAC is not counted to determine quorum. (2) A motion is passed upon an affirmative vote of the DEFAC members present at the meeting at which the vote is taken. 85 Del. Laws, c. 275, § 1 ; § 6355 Duties. DEFAC shall do all the following: (1) Meet in March, May, June, October, and December of each year, and when the Governor or chair deems necessary. (2) Serve in a general advisory capacity to the Governor and the Department of Finance. (3) Advise the Governor, the Secretary of Finance, and Legislative Council on all of the following: a. The overall financial condition of this State. b. Current and projected economic conditions and trends, particularly as the conditions and trends affect the expenditures and revenues of this State, its citizens, and its major industries. c. The tax policy of this State and the impact of federal tax policies. (4) Submit to the Governor, the Secretary of Finance, the Controller General, and the General Assembly, by the dates required under § 6534(a) of this title, all of the following estimates: a. General Fund and Transportation Trust Fund revenue by major categories for the current fiscal year. b. General Fund and Transportation Trust Fund revenue by major categories for the succeeding 2 fiscal years. c. General Fund and Transportation Trust Fund expenditures for the current fiscal year and General Fund expenditures for the succeeding fiscal year. (5) Submit to the Governor, the Secretary of Finance, the Controller General, and the General Assembly, not later than December 31 of each year, all of the following estimates: a. General Fund and Transportation Trust Fund revenue by major categories for 5 fiscal years, starting with the current fiscal year and including the next succeeding 4 fiscal years. b. General Fund expenditures for 4 fiscal years, starting with the current fiscal year and including the next succeeding 3 fiscal years. (6) Perform other duties and responsibilities assigned to DEFAC under the Delaware Code, including all of the following: a. The requirements under § 9903(k) of Title 16 and related duties imposed from time to time regarding the Delaware Health Care Spending Benchmark. b. The requirements under § 7423 of this title regarding statutory limits on this State’s indebtedness. c. The requirements under § 6533(i) of this title regarding the Benchmark Index and reporting of budgetary reserves, including the Budget Stabilization Fund. d. The requirements under § 6534(b)(3) of this title regarding reviewing tax preferences. e. The requirements under § 515(a) of Title 30 regarding inflation adjustment factor calculations. (7) Prepare an annual report summarizing DEFAC’s activities throughout the year that the report covers, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor, the Director and the Librarian of the Division of Legislative Services, and the Secretary of the Senate and the Chief Clerk of the House of Representatives for distribution to all members of the General Assembly. 85 Del. Laws, c. 275, § 1 ; § 6356 Proceedings. (a) A majority of DEFAC members must be present at a meeting in order to have a quorum and conduct official business. A quorum consists of a majority of the members. A vacancy in membership is not counted for quorum. (b) A roll call vote of all DEFAC members on each motion or resolution must be recorded as part of the minutes of the meeting in which the vote is taken, and is considered a matter of public record. 85 Del. Laws, c. 275, § 1 ; § 6357 DEFAC Health Care Spending Benchmark Subcommittee. (a) The DEFAC Health Care Spending Benchmark Subcommittee (“Subcommittee”) is established. (b) The Subcommittee consists of the following: (1) A subcommittee chair and vice chair, each of whom must be a DEFAC member and have health-care expertise. The DEFAC chair shall appoint the subcommittee chair and vice chair. (2) Three existing DEFAC members, who the DEFAC chair appoints. (3) At least 1, but no more than 2, members representing health economists, who the Governor appoints. (4) At least 1, but no more than 2, members representing quality improvement experts from 2 health-care systems or hospitals that operate in this State, who the Governor appoints. (5) Two members of the General Assembly, or their designee, to include 1 member who the Speaker of the House appoints and 1 member who the President Pro Tempore of the Senate appoints. A designation must be provided in writing to the chair. A designee has the same duties and rights as the subcommittee member the designee represents. (c) Each subcommittee member serves at the pleasure of that member’s appointing authority. (d) The subcommittee chair shall call meetings of the subcommittee. The vice chair shall chair a subcommittee meeting in the chair’s absence. 85 Del. Laws, c. 275, § 1 ; § 6358 Cooperation of State agencies and others; staffing and financial support. (a) Upon an affirmative vote of DEFAC, the Department of Finance and other State agencies shall provide data, assistance, detailed financial reporting, and analysis support to DEFAC. The data and assistance may include statistics, reports, projections, and testimony. (b) Upon a request of the chair and the Secretary of the Department of Finance, the Department of Finance and other State agencies, as appropriate, shall provide staff support and reasonable financial support for the activities of DEFAC. 85 Del. Laws, c. 275, § 1 ; 85 Del. Laws, c. 275, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }