29 DE Code § 6404. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 64. Budget Appropriation Bill Policies and Procedures|§ 6404. General provisions.

§ 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 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 and 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 Services, 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. 67 Del. Laws, c. 250, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 132, §  33;  75 Del. Laws, c. 88, §§  20(6), 21(13), 25(2), 35;  76 Del. Laws, c. 280, §§  11-13;  80 Del. Laws, c. 234, §  25;  81 Del. Laws, c. 66, §  57;