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.
SPONSOR: Rep. Shupe & Sen. Buckson Sens. Hocker, Pettyjohn
SPONSOR: Rep. Shupe & Sen. Buckson
Sens. Hocker, Pettyjohn
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 sponsors 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 Generals 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 Acts enactment into law.
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 sponsors 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 Generals 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 Acts 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 Acts enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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 Acts enactment into law.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.