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0211520023
SPONSOR: Sen. Paradee & Rep.
Brown
Hansen
Sturgeon
Buckson
Lawson
Williams
Bolden
Chukwuocha
Griffith
Hensley
Postles
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE BILL NO. 326
JUNE 1
2, 2024
AN ACT M AKING A ONE-TIME S UPPLEMENTAL A PPROPRIATION F OR THE FISCAL
YEAR ENDING
JUNE 30, 202 5 TO THE OF FICE OF M ANAGEMENT A ND BUDGET.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. There is hereby appropriat ed $168,362,517 (One Hundred Sixty- Eight Million, Three Hundred 1
Sixty-Two Thousand, Five Hundred Seventeen Dollars) in General Funds to Executive, Office of Management 2
and Budget, Contingencies and One-Time Items (10-02-11) for the following purposes: 3
(01-08-02) Technology $2,000,000 4
(02-03-10) Board of Canvass $80,000 5
(02-03-10) Permit to Purchase $30,600 6
(02-06-10) Equipment $16,900 7
(02-08-10) Equipment $34,100 8
(10-02-11) ERP Cloud Migration $1,243,200 9
(10-02-11) State Fleet Electric Vehicles $250,000 10
(10-02-11) Trauma Informed Services Contingency $2,200,000 11
(10-02-11) Gubernatorial Transition $325,000 12
(10-02-11) Criminal Justice Systems Programming Updates $505,100 13
(10-02-11) Post-Retirement Increase Supplement – FY25 $51,000,000 14
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(10-02-32) Other Post-Employment Benefits $56,067,167 15
(10-02-50) Sign Replacement $300,000 16
(10-07-01) Technology $200,000 17
(10-07-01) Equipment $4,000 18
(10-07-02) Permit to Purchase $226,300 19
(12-03-01) Insurance Revenue Shortfall $3,200,000 20
(12-05-06) Delaware EARNS $300,000 21
(15-02-02) Equipment $3,800 22
(15-02-02) Equipment $9,900 23
(16-01-01) Records Digitization $270,000 24
(35-02-01) Medicaid $10,443,700 25
(35-02-01) Medicaid Technology Contingency – HS2 for HB110 $250,000 26
(35-02-01) Medicaid Technology Contingency – SS1 for SB13 $87,500 27
(35-05-10) Equipment Contingency – HB124 $14,450 28
(35-05-20) Residential Lead Remediation $2,500,000 29
(35-05-20) Childhood Lead Poisoning Prevention $1,000,000 30
(35-05-30) Equipment $62,000 31
(35-06-30) Technology $368,500 32
(35-07-01) Child Care Contingency $15,000,000 33
(35-09-01) Health Care Licensing Surveys $207,700 34
(37-01-50) Security and Safety Equipment $140,700 35
(38-01-02) Equipment $6,700 36
(38-01-03) Prison Research Innovation Network $105,500 37
(38-04-01) Equipment $201,700 38
(38-04-01) Security and Safety Equipment $444,700 39
(38-04-04) Renovation $100,900 40
(38-04-04) Equipment $83,300 41
(38-04-06) Renovation $69,000 42
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(38-04-20) Kitchen Equipment $275,300 43
(38-06-13) Security and Safety Equipment $13,500 44
(40-01-07) Special Fund Revenue Contingency $2,500,000 45
(40-03-03) Hunting Enforcement $97,700 46
(40-04-03) Non-Tidal Wetlands Study $150,000 47
(40-04-05) Equipment $21,200 48
(45-02-10) Equipment $83,500 49
(45-02-10) Security and Safety Equipment $92,400 50
(45-04-10) Equipment $28,800 51
(45-06-08) Permit to Purchase $1,560,300 52
(65-01-01) Veterinary Analysis $45,000 53
(70-01-01) Early Voting Contingency $2,949,600 54
(70-01-01) Primary and General Elections $1,476,400 55
(70-01-01) Voting Machine Equipment $1,318,400 56
(70-01-01) Voting Machine Battery Replacement $271,400 57
(70-02-01) Specialty Vehicle $80,000 58
(70-02-01) Primary and General Elections $2,818,500 59
(70-03-01) Specialty Vehicle $80,000 60
(70-03-01) Primary and General Elections $1,533,300 61
(70-04-01) Specialty Vehicle $80,000 62
(70-04-01) Primary and General Elections $1,686,800 63
(75-01-01) Security and Safety Equipment $36,000 64
(75-01-01) Technology $80,000 65
(75-03-01) Equipment $37,000 66
(95-02-02) School Cell Phone Pilot Program $250,000 67
(95-03-20) School-Based Behavioral Health Technology $1,200,000 68
(95-03-20) Pre-K Summer Tutoring Pilot Program $245,000 69
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Section 2. Section 1 of this Act appropriates $250,000 to Executive, Office of Management and Budget, 70
Contingencies and One-Time Items (10-02-11) for State Fleet Electric Vehicles. The expenditure of these funds 71
shall be contingent upon the passage of House Bill 9 or similar legislation of the 152nd General Assembly. 72
Section 3. Section 1 of this Act appropriates $505,100 for Criminal Justice Systems Programming Updates to 73
Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11). The expenditure of 74
these funds shall be used for updates to various criminal justice systems that require one-time enhancements, 75
modifications, or programming changes based on the requirements of legislation enacted by the General Assembly. 76
Section 4. Section 1 of this Act appropriates $56,067,167 to Executive, Office of Management and Budget, 77
Pensions (10- 02-32) for Other Post-Employment Benefits. In accordance with 29 Del. C. § 5544 (c) (2), the Director 78
of Office of Management and Budget shall transfer these funds to the Other Post-Employment Benefits Fund as 79
established by 29 Del. C. § 5281. 80
Section 5. Section 1 of this Act appropriates $4,000 for Equipment to Executive, Criminal Justice, Criminal 81
Justice Council (10- 07-01). The expenditure of these funds shall be contingent upon the passage of House Bill 340 82
or similar legislation of the 152nd General Assembly. 83
Section 6. Section 1 of this Act appropriates $9,900 for Equipment to Legal, Office of Defense Services, 84
Public Defender (15-02-02). The expenditure of these funds shall be contingent upon the passage of House Bill 86 85
or similar legislation of the 152nd General Assembly. 86
Section 7. Section 1 of this Act appropriates $250,000 to the Department of Health and Social Services, 87
Division of Medicaid and Medical Assistance, Medicaid and Medical Assistance (35-02-01) for Medicaid 88
Technology. The expenditure of these funds shall be contingent upon the passage of House Substitute 2 for House 89
Bill 110 or similar legislation of the 152nd General Assembly. 90
Section 8. Section 1 of this Act appropriates $87,500 to the Department of Health and Social Services, 91
Division of Medicaid and Medical Assistance, Medicaid and Medical Assistance (35-02-01) for Medicaid 92
Technology. The expenditure of these funds shall be contingent upon the passage of Senate Substitute 1 for Senate 93
Bill 13 or similar legislation of the 152nd General Assembly. 94
Section 9. Section 1 of this Act appropriates $14,450 to the Department of Health and Social Services, 95
Division of Public Health, Director’s Office/Support Services (35- 05-10) for Equipment. The expenditure of these 96
funds shall be contingent upon the passage of House Bill 124 or similar legislation of the 152nd General Assembly. 97
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Section 10. Section 1 of this Act appropriates $1,000,000 to the Department of Health and Social Services, 98
Public Health, Community Health (35-05-20) for implementing the Childhood Lead Poisoning Prevention Advisory 99
Committee recommendations. 100
Section 11. Section 1 of this Act appropriat es $6,700 for Equipment to the Department of Correction, 101
Administration, Human Resources (38- 01-02). The expenditure of these funds shall be contingent upon the passage 102
of Senate Substitute 1 for Senate Bill 164 or similar legislation of the 152nd General Assembly. 103
Section 12. Section 1 of this Act appropriates $150,000 to the Department of Natural Resources and 104
Environmental Control (DNREC), Division of Water (40-04-03) for a Non -Tidal Wetlands Study. The expenditure 105
of these funds shall be used to provide contractual support to lead a collaborative stakeholder process, which shall 106
include those engaged in the current wetlands stakeholder working group, to complete a programmatic review and 107
feasibility study, and to develop guidelines and the permitting process for a comprehensive, combined tidal and 108
nontidal wetland program as recommended in the Senate Joint Resolution 2, of the 151st General Assembly, Report 109
to the Governor and Legislature, prepared by DNREC, September 29, 2023. 110
Section 13. Section 1 of this Act appropriates $28,800 for Equipment to the Department of Safety and 111
Homeland Security, Division of Alcohol and Tobacco Enforcement (45-04-10). The expenditure of these funds shall 112
be contingent upon the passage of Senate Bill 166 or similar legislation of the 152nd General Assembly. 113
Section 14. Section 1 of this Act appropriates $ 10,464,600 to the Department of Elections. Any funds 114
remaining after election expenses may be used by the Department of Elections for one-time initiatives upon 115
approval from the Director of the Office of Management and Budget and the Controller General. These funds shall 116
not revert to the General Fund. 117
Section 15. Section 1 of this Act appropriates $250,000 to the Department of Education, District and 118
Charter operations, Other Items (95-02-02) for a School Cell Phone Pilot Program. These funds shall be used to 119
establish a voluntary school cell phone pouch pilot program for local education agencies serving students in grades 120
6-12 to provide technology solutions that reduce the usage of cell phone distractions during learning hours. The 121
Department of Education shall establish an application and disbursement process for the program and shall provide a 122
report to the Co-Chairs of the Joint Finance Committee, the Controller General, and the Director of the Office of 123
Management and Budget on the number of applicants, expenditure of funds, and related performance metrics, such 124
as changes in school climate, academic performance, etc. as a result of the program by May 1, 2025. 125
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Section 16. Section 1 of this Act appropriates $1,200,000 to the Department of Education, Pass Through and 126
Other Support Programs, Special Needs Programs (95-03-20) for School-Based Behavioral Health Technology. The 127
expenditure of these funds shall be contingent upon passage of House Substitute 1 for House Bill 5 or similar 128
legislation of the 152nd General Assembly. Prior to the expenditure of these funds, the Department of Education 129
shall pursue any federal funding opportunities in lieu of these funds. Should federal funds become available, the 130
funds appropriated under Section 1 of this Act may be reallocated upon approval from the Joint Finance Committee 131
Co-Chairs, the Director of the Office of Management and Budget, and the Controller General. 132
Section 17. Section 1 of this Act appropriates $245,000 to the Department of Education, Pass Through 133
Programs, Special Needs Programs (95-03-20) for Pre-K Summer Tutoring Pilot Program. The Department of 134
Education is authorized to transfer the funds to the Red Clay Consolidated School District to manage this program. 135
Notwithstanding 29 Del. C. c. 69, the Red Clay Consolidated School District is authorized to execute a contract for 136
services with Reading Assist to pilot this program. 137
Section 18. Section 1 of 83 Del. Laws c. 326 appropriated $8,730,000 in UCS Server Replacements to 138
Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11). These funds shall be 139
reprogrammed to ERP Cloud Migration for modernizing the State’s Enterprise Resource Programs. 140
Section 19. (a) Amend §5532, Chapter 55, Title 29, Delaware Code, by making deletions as shown by strike 141
through and insertions as shown by underline as follows: 142
§ 5532. Increases in pensions 143
(s) Any monthly service, disability, and survivor pension based on a former service or disability pension 144
that was effective on or before June 30, 2004, and is payable on July 1, 2024, shall be increased effective 145
July 1, 2024, by 2%. Any monthly service, disability, and survivor pension based on a former service or 146
disability pension that was effective on or before June 30, 2019, but after June 30, 2004, and is payable on 147
July 1, 2024, shall be increased effective July 1, 2024, by 1%. These increases shall continue to be paid 148
through June 30, 2025, and every fiscal year thereafter, provided that funds are appropriated by the General 149
Assembly in accordance with § 5544 of this title. 150
(b) The increases provided by this Act shall not apply to pensions awarded under §5527(d)(1), Chapter 55, 151
Title 29, Delaware Code. 152
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(c) Amend §5544, Chapter 55, Title 29, Delaware Code, by making deletions as shown by strike through 153
and insertions as shown by underline as follows: 154
§ 5544. Actuarial valuations and appropriations. 155
(u) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, 156
and the New State Police Retirement Fund to implement the provisions of §5532(s) of this Chapter shall be 157
funded through the appropriation contained in the Fiscal Year 2025 One-Time Supplemental 158
Appropriations Act for “Post Retirement Increase Supplement - FY 25” and through the Post Retirement 159
Fund established in §5548 of this title. 160
(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of 161
Delaware, to implement the provisions of §5532(s) of this title shall be treated as an actuarial loss during 162
the next actuarial valuation process of the Special Pension Fund. 163
SYNOPSIS
This Act appropriates $168,362,517 to provide one-time funded projects through the Office of Management
and Budget.
Author: Joint Finance Committee