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Legislation Document
SPONSOR:
Rep. Shupe & Sen. Buckson
Sens. Hocker, Pettyjohn
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 52
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FISCAL PROJECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 19, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 19. FISCAL PROJECTIONS
§ 1901. Bills and joint resolutions which appropriate or mandate or contemplate a subsequent appropriation.
(a)
Any
Whenever a
bill or joint resolution in either House of the General Assembly
which
authorizes expenditures not previously authorized
within
in
the annual budget for the fiscal year in which the expenditure is to be incurred
or which
or whenever
because of
the provisions of the bill or joint resolution would authorize expenditures not specifically provided for in the bill or joint
resolution shall
resolution, the bill or joint resolution must
include a
3-year
5-year
fiscal projection. The
3-year
5-year
fiscal projection
shall
must
be attached
to the bill or joint resolution
by the sponsor prior to its initial committee consideration in the House of origin.
(b)
Any
Whenever a
bill or joint resolution in either House of the General Assembly
which
relates to any public pension or retirement plan applicable to any
person including, but not limited to,
person, including
any public employee,
officer
officer,
or appointee of the
State that
State,
would authorize or necessarily involve expenditures not
previously
authorized
within
in
the annual budget for the fiscal year in which the expenditure is to be incurred
or which,
or whenever
because of
the provisions of the bill or joint
resolution,
resolution
would authorize or necessarily involve expenditures not specifically provided for in the bill or joint resolution,
shall
the bill or joint resolution must
include a fiscal projection reflecting the estimated actuarial long-term cost of the proposed bill or
joint
resolution whether or not
such
the
pension or retirement plan is funded on an actuarial reserve basis. The long-term fiscal projection
shall
must
be attached
to the bill or joint resolution
by the sponsor prior to its initial committee consideration in the House of origin.
§ 1902. Contents of fiscal projection.
(a)
The
3-year
5-year fiscal
projection
shall
must
be a statement describing, as accurately as can reasonably be ascertained, all requirements, obligations assumed by the
State
State,
and other consequences of the bill or joint resolution having a fiscal impact on the State for each of the
3 fiscal
5 fiscal
years following the effective date of the bill or joint resolution.
Such
The
fiscal projection
shall,
must,
where applicable, include full cost data
including, but not limited to,
including
salaries, operating costs, other employment costs (fringe benefits), capital
outlay
outlay,
and debt service.
(b)
Fiscal projections required
in
under
this chapter
shall
must
be prepared on forms prescribed by the Controller General. If the fiscal projection is not prepared by the Controller General, it
shall
must
contain a statement by the Controller General that the Controller General concurs in the sponsor’s projection of the fiscal impact of the bill or joint resolution as set forth in the fiscal projection or that the Controller General finds contrary or additional fiscal data which should be included in the fiscal projection. The Controller General shall point out particular ways
in which
the bill or joint resolution may escalate costs or reduce revenue to the State. The fiscal projection must also state how the estimates
were
are
calculated and from what facts or
assumptions. In the case of
assumptions the estimates are calculated.
(c) Whenever
a bill or joint resolution
authorizing
authorizes
expenditures or
relating
relates
to
a
pension or retirement
plan
plan,
as defined by § 1901(b) of this title,
such
the fiscal
projection
shall,
must,
in addition to the other requirements of this section, state the estimated actuarial long-term cost of the proposed bill or joint resolution
as obtained by
the Controller General
obtains
from the Board of Pension Trustees or other qualified actuarial source.
(d)
All fiscal projections
shall
must
be reviewed or prepared by the Controller General and
the same shall
must
be reported to the sponsor in writing.
§ 1903. Fiscal projection when revenue reduced.
Any
Whenever a
bill or joint resolution
which
would
have the effect of reducing
reduce
state
revenue must have
revenue,
a
1-year
5-year
projection
must be
attached
thereto, which
to that bill or joint resolution. The 5-year fiscal
projection
shall
must
describe, as accurately as can reasonably be ascertained, the loss of revenue to the State for the
first
5
full fiscal
year
years
after the effective date of the legislation and the rationale used in determining
such
the
fiscal impact. The Controller General’s responsibility
herein shall be
under this section is
the same as
in
under
§ 1902 of this title.
§ 1904. Revision of fiscal projection.
The Controller General shall revise
the
a
fiscal projection
with each successive state of the legislative process in which any
whenever an
amendment or substitute bill is introduced which changes the fiscal effect of the bill or joint resolution.
Such
The
revised fiscal projections must be included with each
such
amendment or substitute bill at the time
of introduction.
the amendment or substitute bill is introduced.
Fiscal projections previously attached to the bill or joint resolution
shall
must
remain with the bill or joint resolution and
shall
may
not be removed.
§ 1905. Federal matching funds.
Any
To qualify for or otherwise receive federal funds, a
bill or joint resolution which provides for the expenditure of
state
State
funds not
previously
authorized in the annual budget bill for the fiscal year in which the expenditure is to be
incurred, in order to qualify for or otherwise receive federal funds, shall
incurred must
include a
3-year
5-year
fiscal projection. The fiscal projection
shall
must
describe, as accurately as can reasonably be ascertained, the total anticipated expenditures of
such
a
program or agency, the total amount to be expended or committed by the federal government for each of the
3 fiscal
5 fiscal
years, the total amount to be expended by the State for each of the
3 fiscal years
5 fiscal years,
and when the federal funding is likely to
be concluded.
end.
§ 1906. Local school district funds.
Any
Whenever a
bill or
joint
resolution in either House of the General Assembly
which
provides for or requires the expenditure of any local school district current expense
funds shall
funds, the bill or joint resolution must
include a
3-year
5-year
fiscal projection. The
3-year
5-year
fiscal projection
shall
must
be attached
to the bill or joint resolution
by the sponsor prior to its initial committee consideration in the House of origin.
§ 1907. Effect on legislative analysis.
No provision of this
This
chapter
shall be deemed to
does not
prevent or limit the preparation of any analysis of any bill or joint resolution by the staff of the Legislative Council or by attorneys of the Senate or House of Representatives
when such analysis is requested by a member of the General Assembly.
whenever a member of the General Assembly requests the analysis.
Section 2. This Act applies to all bills or joint resolutions filed after the Act’s enactment into law.
SYNOPSIS
This Act changes the timeline for fiscal projections required under § 1901, § 1902, and § 1905 of Title 29 from 3 years to 5 years. It also changes the timeline for fiscal projections required under § 1903 of Title 29 from 1 year to 5 years.
This Act applies to all bills or joint resolutions filed after the Act’s enactment into law.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.