Bill Text: DE HB417 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 417 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Fiscal Regulations Of The State And The Creation Of A General Fund Account For Disaster Relief.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Introduced - Dead) 2010-05-27 - Introduced and Assigned to House Administration Committee in House [HB417 Detail]

Download: Delaware-2009-HB417-Draft.html

SPONSOR:	Rep. Briggs King & Rep. D. Short & Sen. Booth ;
	Reps. Cathcart, Hocker, Hudson, Outten, Ramone, Wilson, Carson; Sens. Bunting, Simpson

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 417

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FISCAL REGULATIONS OF THE STATE AND THE CREATION OF A GENERAL FUND ACCOUNT FOR DISASTER RELIEF.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §6533(a), Title 29 of the Delaware Code by adding a new paragraph (9) to read:

"(9) �Delaware Disaster Relief Fund' as used in subsection (b) of this section means the Disaster Relief Fund as of the close of the fiscal year next proceeding the year in which the Budget Act described in subsection (b) is enacted.".

Section 2.Amend §6533(b), Title 29 of the Delaware Code by deleting the third sentence as it appears therein, and inserting in lieu thereof the following sentence:

"Estimated unencumbered funds are calculated by taking the estimated General Fund cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated encumbrances, estimated continuing appropriations, the amount of the Budget Reserve Fund as established in subsection (d) of this section, and the amount of the Delaware Disaster Relief Fund as established in subsection (h) of this section, at the end of the given fiscal year.".

Section 3.Amend §6533, Title 29 of the Delaware Code by adding a new subsection (h) to read:

"(h) The Delaware Disaster Relief Fund is hereby established within the General Fund.Within 45 days after the end of any fiscal year, the excess of any unencumbered funds remaining from the fiscal year after the payment pursuant to subsection (d) of this section shall be paid by the Secretary of Finance into the Delaware Disaster Relief Fund; provided, however, that no payment will be made which would increase the total amount in the Disaster Relief Fund to more than .25% of the Fiscal Year 2011 Budget Act, .5% of the Fiscal Year 2012 Budget Act, .75% of the Fiscal Year 2013 Budget Act and 1.0% of all subsequent fiscal year Budget Acts.The percentages apply only to the General Fund portion of the relevant Budget Act.The General Assembly, at the request of the Governor and by majority vote of the members elected to each House, may appropriate from the Delaware Disaster Relief Fund such funds as may be considered necessary to mitigate the damage resulting from natural or manmade disasters.Should the General Assembly, by reason of a disaster, be unable to convene, the Governor may access the funds in the Delaware Disaster Relief Fund upon declaring an emergency involving the health or safety of the citizens of the State.The Governor is hereby authorized in such a circumstance to expend the funds to aid Delawareans immediately affected by a disaster, but not for infrastructure repair or replacement.".

SYNOPSIS

This Act creates the Delaware Disaster Relief Fund based on a percentage of the General Fund Operating Budget. The Fund may be used in the case of natural or manmade disasters affecting the health and safety of the citizens of Delaware.This Fund will allow various State agencies to repair and resolve disaster problems quickly without impacting currently-funded projects.It will allow an orderly and timely response to emergency needs.