LAWS OF DELAWARE
VOLUME 83
CHAPTER 55
151st GENERAL ASSEMBLY
FORMERLY
HOUSE BILL NO. 251
AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2022 TO THE OFFICE OF MANAGEMENT AND BUDGET.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each house thereof concurring therein):
Section 1. There is hereby appropriated $221,121,200 (Two Hundred Twenty-One Million One Hundred Twenty-One Thousand Two Hundred Dollars) in General Funds to the Office of Management and Budget, Contingencies and One-Time Items (10-02-11) for the following purposes:
(01-08-02)Technology Needs $2,000,000
(10-02-11)Self-Insurance/Legal Fees $2,343,500
(10-02-11)Body Camera Program $1,600,000
(10-02-11)Group Health Insurance Plan Needs$20,000,000
(10-02-11)Salary Supplement – State Employees$54,600,000
(10-02-11)Salary Supplement – State Pensioners$15,260,500
(10-02-11)Salary/OEC Contingency – 27th Pay$72,700,000
(10-02-11)Child Care Contingency $5,000,000
(10-02-11)Mental Health Services Unit Contingency $4,000,000
(10-02-11)Marijuana Control Act Contingency $3,600,000
(10-02-11)Eviction Defense Contingency $2,100,000
(10-02-11)Education Unit Growth Contingency $7,200,000
(10-02-11)Statewide Technology Needs$10,000,000
(10-02-11)Redding Consortium $7,240,000
(10-02-11)Permit to Purchase Contingency $1,300,000
(10-07-02)DELJIS Technology Needs $50,000
(11-03-04)Data Center Battery $300,000
(15-01-01)Operational Equipment $12,500
(15-02-01)Technology Equipment $51,000
(16-01-01)Recruitment, Retention, and Technology Initiatives $2,500,000
(20-01-02)Medical Records System Study $10,000
(20-03-01)Delaware Heritage Commission $25,000
(20-03-01)Historic Site Improvements – Lenape Indian Tribe $50,000
(20-10-01)Indoor Track Feasibility Study Reimbursement $68,000
(20-10-02)Kent County Tourism Initiatives $400,000
(25-01-01)Volunteer Fire Service Loan Revolving Fund $5,000,000
(35-01-10)Health Care Loan Provider State Loan Repayment $500,000
(35-01-10)Human Trafficking Interagency Coordinating Council $95,000
(35-05-20)School Based Health Centers $10,000
(35-06-10)DMES Development $120,000
(37-05-30)Juvenile Re-Entry Services Fund $500,000
(38-02-01)iCHART Reengineering $715,000
(40-03-02)Veterinary Equipment $60,200
(40-03-04)Center for Inland Bays $50,000
(40-04-04)Emergency Carbon Vessel $150,000
(45-06-05)Technology Equipment $90,000
(65-01-09)Animal Health Digital Application $85,000
(70-01-01)Voter Education Marketing Campaign $250,000
(70-01-01)Primary and General Election $20,000
(70-02-01)Primary and General Election $20,000
(70-03-01)Primary and General Election $20,000
(70-04-01)Primary and General Election $20,000
(75-01-01)Delaware Smoke Detector Fund $75,000
(75-01-01)Technology Equipment $75,000
(75-02-01)Instructor Safety Equipment $25,000
(75-02-01)Technology Equipment $60,000
(90-01-02)Research Vessel Replacement $12,000
(90-03-01)Nursing Program Transition $500,000
(95-01-06)Early Childhood Needs Assessment $150,000
(95-01-06)Pre-K Standards $45,000
(95-32-00)Transportation Reimbursement – Red Clay $63,500
Section 2. Section 1 of this Act makes an appropriation to Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11) of $54,600,000 for a Salary Supplement. These funds shall be used to provide a one-time salary supplement of $1,000.00 for state employees, subject to the following restrictions:
a. Employees must have been on the payroll as of April 30, 2021 and also appear on the payroll as of October 22, 2021.
b. Eligible employees in Departments 01 – 77, those employees of Delaware Technical Community College Plans A, B and D, and local education agency employees covered under 14 Del. C. §1305, §1308, §1311, §1322 (a), §1322(c), and §1324 shall receive this supplement.
c. Part-time employees, hourly employees, and those employees employed in accordance with 29 Del. C. § 5903(17) shall be entitled to this supplement, contingent upon the requirement that these employees were on the payroll as of April 30, 2021, received compensation from the State at any time during the period of April 30, 2021, through October 22, 2021, and are on the payroll as of October 22, 2021.
d. This supplement shall not be given to the Governor.
e. Funds have been appropriated for the University of Delaware and Delaware State University to provide for a lump sum amount for those salaries paid from General Funds. The resultant lump sum amount may be distributed at the discretion of each institution.
f. In no instance shall an employee receive more than one salary supplement authorized in this Act.
g. This supplement shall be considered within the pension definitions stated in 29 Del. C. § 5501 (c), §5501 (d), §5501 (e), §5600 (3), and 11 Del. C. §8351 (2).
h. The provisions of 29 Del C. §5105 (c) notwithstanding, all employees granted a leave of absence for military service according to the provisions of 29 Del. C. §5105 (a) shall be entitled to receive the one-time salary supplement.
i. Employees that are funded through sources other than local school funds shall have their one-time salary supplement funded through their respective funding source.
j. There is hereby appropriated $2,624,250 (Two Million, Six Hundred Twenty-Four Thousand Two Hundred Fifty Dollars) in Trust Fund Operations to the Department of Transportation, Office of the Secretary (55-01-01), One-Time Salary Supplement to implement the provisions of this Act for qualifying Department of Transportation employees.
Section 3. Section 1 of this Act makes an appropriation to Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11) of $15,260,500 for a Salary Supplement – State Pensioners. This funding shall provide a one-time pension supplement of $500.00 for pensioners, who retired prior to July 1, 2021.
Section 4. The provisions of 29 Del. C. c. 101 notwithstanding, the administrative regulations and procedures necessary to implement sections 2 and 3 of this Act shall be promulgated by the Secretary of Human Resources, Director of the Office of Management and Budget and the Controller General.
Section 5. Section 1 of this Act appropriates $20,000,000 to Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11) for Group Health Insurance Plan Needs. These funds shall be used only as necessary to defer premium increases, should the Group Health Insurance Plan continue to incur deficits. Prior to any release of these funds, the Secretary of the Department of Human Resources shall submit a funding request, with supporting expenditure details, to the Director of the Office of Management and Budget and the Controller General for approval.
Section 6. Section 1 of this Act makes an appropriation for Mental Health Services Unit Contingency within Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11). The expenditure of these funds shall be contingent upon passage of House Bill 100 or similar legislation of the 151st General Assembly providing mental health services for school districts and charter schools.
Section 7. Section 1 of this Act makes an appropriation for the Marijuana Control Act Contingency within Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11). The expenditure of these funds shall be contingent upon passage of House Bill 150 or similar legislation of the 151st General Assembly establishing a Delaware Marijuana Control Act. The Office of Management and Budget has the authority to establish up to 41.0 FTEs for the implementation and enforcement efforts associated with this Act.
Section 8. Section 1 of this Act provides an appropriation for Permit to Purchase of $1,300,000 to Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11). These funds shall be contingent upon passage of Senate Substitute 1 for Senate Bill 3 or similar legislation of the 151st General Assembly.
Section 9. Section 1 of this Act provides an appropriation for the Eviction Defense Contingency of $2,100,000 to Executive, Office of Management and Budget, Contingencies and One-Time Items (10-02-11). The expenditure of these funds shall be contingent upon passage of Senate Bill 101 or similar legislation of the 151stGeneral Assembly establishing an Eviction Defense and Diversion Program. The Office of Management and Budget has the authority to establish up to 4.0 FTEs for the implementation and enforcement efforts associated with this Act.
Section 10. Section 1 of this Act appropriates $7,240,000 to Executive, Office of Management and Budget, contingencies and One-Time Items (10-02-11) for recommendations from the Redding Consortium. Funding distribution shall be subject to approval of a plan by the Co-Chairs of the Joint Finance Committee, the Director of the Office of Management and Budget and the Controller General.
Section 11. Section 1 of this Act makes an appropriation for the Public Access Defibrillation Initiative within the Department of Health and Social Services, Public Health, Emergency Medical Services (35-05-30). These funds shall be used to provide Automated External Defibrillators (AEDs) to volunteer fire companies or municipal organizations as approved by the Co-Chairs of the Joint Finance Committee.
Section 12. Section 1 of this Act makes an appropriation for Elections, State Election Commissioner (70-01-01), for Voter Education and Awareness Campaign. These funds may be used for marketing-related services as approved by the State Election Commissioner. It is the intent of the General Assembly that the Department of Elections utilize these services to create an education and awareness campaign to inform voters regarding opportunities available for voter registration and options available to registered voters to vote.
Section 13. The funding by the State of Delaware of 27 pay periods in Fiscal Year 2023 does not obligate the local school districts for the payment of the local share of employee’s salaries for a 27th pay period. The local school districts’ Board of Education will independently address the funding of the 27 pay periods in Fiscal Year 2024. The first pay date for the school year 2023-2024 for 10-month employees will be the second pay date in September (9/22/2023). Employees who elect 22 pay cycles will be paid the same amount of annual salary as if they had elected to be paid over 26 pay cycles. This section applies only to those staff members that are employed for the entire 2022-2023 school year. Those employees that begin employment or end employment during the course of the 2022-2023 school year shall be subject to a ‘days worked’ calculation and shall not be entitled to the 27th pay.
Approved June 30, 2021