§ 6401 Intent.
The intent of this chapter is to establish the policies and procedures for implementation of the Budget Appropriation Bill.
§ 6402 Scope.
This chapter shall apply to 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 Chapter 13 of Title 19, or Chapters 13 and 40 of Title 14, which contract is entered into or renegotiated after July 1, 1973, shall require the payment of moneys 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 § 1 of the Budget Appropriation Bill, such number shall be interpreted to mean equivalent full-time positions. The Human Resources Management Administrator of the Office of Management and Budget 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 Director of the Office of Management and Budget to 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 paragraph (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 § 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.
(f) Funds provided in § 1 of the Budget Appropriation Bill 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 Chapter 76 of this title, 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 § 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 § 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, Chairperson and Vice Chairperson of the Joint Finance Committee, Controller General, Director of the Office of Management and Budget, 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 Director of the Office of Management and Budget 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.
(5) All agencies or schools receiving federal funds subject to the federal Single Audit Act [31 U.S.C. § 7501 et seq.] shall:
a. Include in program budgets an amount sufficient to cover actual program audit costs incurred by the Office of Auditor of Accounts. The final audit costs will be provided to the agencies and schools by the Office of Auditor of Accounts by August 31 of each calendar year.
b. Process audit cost payment documents (Intergovernmental Vouchers and invoices from accounting firms) within 30 days of receipt of same from the Office of Auditor of Accounts.
(h) The General Assembly 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:
(1) 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 Family Court and the office of the Attorney General.
(2) 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 credit such reimbursements to a special fund account as established by the Director of the Office of Management and Budget.
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.
(i) All state agencies and departments that own land shall inform the Director of the Office of Management and Budget, the Controller General, and the General Assembly, quarterly, as to any and all developments relating to the possible new use, lease or sale, of any portion of said land. This section shall not apply to lands owned by the Department of Transportation that are intended for transportation purposes except as provided in § 137 of Title 17.
(j) Any employee eligible for termination pay whose regular pay was from special funds shall have termination pay paid from special funds. If the employee's regular pay is from both General Funds and special funds, termination pay shall be on a pro rata basis. The intent of this section is that if any school district charges their local share to Division III — Equalization Funds, that for termination pay purposes only, these funds are considered special funds. Exceptions to this method of payment must have the approval of the Director of the Office of Management and Budget and the Controller General. All agencies shall absorb termination pay within the appropriations set forth in the Annual Appropriations Act.
§ 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 § 1 of the Budget Appropriation Bill for the Office of Management and Budget, 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 Director of the Office of Management and Budget and the Controller General.
(b) Any agency with classified full time equivalent positions filled or unfilled paid from funds other than those appropriated from the General Fund of the State shall pay to the Office of Management and Budget, from the special funds, a prorated share of the expense of the Office of Management and Budget, as approved by the Director of the Office of Management and Budget and the Controller General. Such payments shall be used by the Office of Management and Budget 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 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 3 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.
§ 6411 Department of Technology and Information.
All agencies are directed to remit payment for services rendered by the Department of Technology and Information within 30 days of receipt of invoice. Services may include, but are not limited to, postal metering, distribution supplies, telecommunication and telephone services, professional services, and data processing services.
If a prompt payment problem exists, the Department of Technology and Information may require all agencies and school districts receiving services to make monthly estimated payments toward their invoice. The estimated payments should be equal to the average of the last three months of reconciled payments or based on a schedule established by the department. The department will continue to be responsible for the actual payments to telephone companies and other vendors. In addition, the department will be responsible for the reconciliation of accounts with the user agencies and school districts.
§ 6420 Department of State.
§ 6425 Department of Finance.
(a) 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.
(b) 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.
(a) 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.
(b) The Division of Substance Abuse and Mental Health is able to bill for additional Medicaid revenue due to a waiver of the Institution for Mental Diseases exclusion, as part of the Medicaid Managed Care waiver. This additional revenue shall be deposited to the General Fund, and the Division shall make every effort to ensure that these bills are submitted to the appropriate entities in an expeditious manner.
(c) The Division of Social Services is permitted to use Title XIX Federal Programs (Medicaid) funds when necessary to reimburse the federal government for its portion of overpayments not collected within 60 days of identification. When such overpayments are collected, the funds shall be deposited back into the Division's Medicaid Non-State account.
(d) The Division of Social Services is authorized to establish bank accounts to advance funds from the Employment and Training Program to clients or vendors in a timely manner. These advances are to be for supportive services or welfare diversion services in the nature of clothing and transportation allowances and other services to advance client self-sufficiency, as proposed in Delaware's A Better Chance Welfare Reform Program.
(e) Members of the Council on Hispanic Affairs shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties not to exceed $500 annually.
(f) The Division of State Service Centers is authorized to collect and deposit tenant user fees from its 14 facilities throughout the State to the holding account entitled Facility Reimbursement. These fees are charged to partially offset the costs of service center operations.
(g) Appropriations for emergency assistance within the Division of State Service Centers may be used for programs of longer than 30 days duration.
(h) Notwithstanding any other provisions of the Delaware Code, state employee recognition funds may be used pursuant to existing guidelines to include the recognition of volunteers and other nonstate employees at the discretion of the Secretary of the Department of Health and Social Services.
§ 6436 Delaware Health Statistics Program.
Section 1 of the Budget Appropriation Bill provides an appropriation in appropriated special funds and 3 positions in health planning (35-01-30) for the purpose of operating a Delaware Health Statistics Program which would collect, maintain and analyze health-related data to assist the health community in planning, administering and evaluating the quality, quantity and appropriate combination of health services.
Revenues for the purpose of funding this Program shall be derived from the sale of copies of vital statistics records for birth, death and marriage certificates and shall be deposited in a holding account. In February 1986, the Department of Health and Social Services, under a separate provision, raised the fee for such records. Notwithstanding the provisions of § 6102 of this title and § 3132 of Title 16, the Internal Program Unit shall be allowed to retain and expend only the portion of the fee above the amount of $2.50 per copy up to the appropriation limit. The balance shall continue to be deposited to the General Fund.
§ 6437 Department of Natural Resources and Environmental Control.
The Division of Fish and Wildlife is authorized to establish, maintain and administer:
(1) An interest-bearing, nonappropriated special fund known as the Delaware Marsh Management and Maintenance Trust, as allowed by conditions of the DNREC/PSE&G Settlement Agreement of March 23, 1995, and further allowed by the subsequent Settlement Agreement of June 24, 2001. The interest income from this trust account will be dedicated to implement the Settlement Agreement's provisions to enhance or restore tidal wetlands habitats for coastal fish and wildlife resources along Delaware Bay and River in Delaware, and to maintain such tidal wetlands habitat enhancements or restoration in perpetuity, as partial compensation for natural resource losses caused by past, ongoing and future operation of the PSE&G Salem Nuclear Generating Station.
(2) A nonappropriated special fund for administration of the dedicated interest earned on the fund established above, with said dedicated interest to be expended to help support or implement compensatory tidal wetlands habitat enhancements or restorations and associated maintenance activities referred to in paragraph (1) of this section.