Legislative Appropriations Process: Budget Documents and Bills

Budget and Budget Bill are annual – to be submitted within the first 10 days of each calendar year.

Title 29, Section 6502, of the Delaware Code gives a deadline of November 15 for submitting budget documents. Title 29, Section 6503 of the Delaware Code says that the Office of Management and Budget (OMB) has the duty to “furnish instructions on the proper method of completing” budget documents. The OMB’s Operating and Capital Budget Preparation Guidelines give a “due” date of October 15.

The Governor is required to submit a recommended budget to the Delaware General Assembly on or before February 1 of each year. This is in the form of a bill, and this bill is introduced. It is then reviewed by the Joint Finance Committee (JFC). The Joint Finance Committee then introduces their budget bill. (Technically, the JFC could amend the Governor’s recommended budget bill, but this has not been done in the memory of the Deputy Controller General). There is no requirement in the Delaware Code or the Delaware Constitution for a budget bill to be enacted by a certain date, though the end of the fiscal year is June 30.

Deadlines for introducing bills in general are set by Senate president and House speaker.

Executive budget bill is introduced and used as a working tool for committee.

Bills appropriating monies for the general operating budget and ancillary appropriations, bills appropriating funds for the expenses of the legislature and the judiciary must be submitted to the legislature for introduction no later than 45 days prior to each regular session, except that in the first year of each term, such appropriation bills shall be submitted no later than 30 days prior to the regular session.

Statutory for biennial budget only. Supplemental budgets are not statutory.

Appropriations bill other than the budget bill (supplementary) may be introduced at any time. They must provide their own tax source and may not be enacted until the budget bill is enacted.

Legislative Finance Cmte. must submit budget no later than first week of session.

For a 60-day session, joint rule provides a deadline for third reading and final passage by the 35th calendar day of the session in the first house and the 50th calendar day in the second house, with presentment of the bill to the governor by the 54th calendar day. For a 30-day session, joint rule provides a deadline for third reading and final passage by the 16th calendar day of the session in the first house and the 21st calendar day in the second house, with presentment of the bill to the governor by the 24th calendar day.

Submission of the governor’s budget bills to the legislature occurs with submission of the executive budget.

Legislative Council’s Budget Section hears the executive budget recommendations during legislature’s December organizational session. Drafts of proposed general appropriations acts are required to be submitted seven days after adjournment of the organizational session. There is no requirement that the drafts be permitted to be introduced.

One week after Governor’s budget message.

Bill may actually be officially introduced a few days later; it is usually not immediately introduced upon the presentation of the governor’s budget.

Legislature often introduces other budget bills during legislative session that are not part of the governor’s recommended budget.

The Legislative Budget Board is required to submit a copy of the budget of estimated appropriations to the governor and members of the legislature not later than the fifth day after session convenes. The board is required to submit a copy of the general appropriations bill not later than the seventh day after session convenes.

State law does not specify a special deadline for filing the General Appropriations Act, but it is generally filed soon after the Legislative Budget Board submits the budget document.

Legislative rules.

A later submission date may be requested by the governor.