SPONSOR:	Sen. Townsend & Sen. Richardson & Rep. Mulrooney & Rep. Gray;Rep. Hudson

DELAWARE STATE SENATE 148th GENERAL ASSEMBLY

SENATE BILL NO. 273

AN ACT PROPOSING AN AMENDMENT TO THE DELAWARE CONSTITUTION RELATING TO RESTRICTIONS ON EXPENDITURE OF MONEYS IN A SPECIAL FUND.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article VIII of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 12. Restrictions on the expenditure of moneys in a special fund.

Moneys in a special fund created to fund capital projects with a dedicated revenue source that is authorized by the General Assembly after June 1, 2016, and which contains a limitation on the amount or percentage of the revenue source that may be used for non-capital operating or administrative expenses may not be expended in excess of those limits except by an act of the General Assembly adopted with the concurrence of three-fourths of all members elected to each House and separate from an annual budget act, bond and capital improvement act, or grants-in-aid act.

SYNOPSIS

This Act is the first leg of a constitutional amendment that limits the ability of the State to appropriate moneys in a special fund with a dedicated revenue source and with a limitation on the amount or percentage of the revenue source that may be used for non-capital operating or administrative expenses. This Act essentially creates a lock box on these special funds that can only be opened by the agreement of three-fourths of all the members elected to each House through legislation separate from an annual budget act, bond and capital improvement act, or grants-in-aid act.

Author: Senator Townsend