Delaware 149th General Assembly (2017-2018) Status: In Committee 5 R cosponsors

HB 385 — AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE DELAWARE CONSTITUTION RELATING TO REVENUE AND TAXATION.

Last action — Introduced and Assigned to Administration Committee in House

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act places a constitutional limitation on base general fund operating appropriations. However, appropriations deemed as emergencies involving the health, safety, or welfare of the citizens of the State that are approved by three-fifths of the members elected to each House of the General Assembly are not included in the limitation.

Bill Text

How this bill changes current law

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This bill proposes a constitutional amendment to limit base general fund operating appropriations in Delaware.

  • Article VIII of the Delaware Constitution

    The General Assembly for any succeeding fiscal year shall not enact a budget appropriation bill containing base general fund operating appropriations exceeding, in aggregate, the estimated total base general fund operating appropriations for the then-current fiscal year, adjusted by the average of the three (3) most recent fiscal years’ annual increases, if any, in the national Consumer Price Index (C.P.I.) for all urban consumers, as compiled and published by the United States Bureau of Labor Statistics, plus the average of the three most recent calendar years’ annual increases, if any, in the population of the State, as compiled and published by the United States Department of Commerce. However, any appropriation for an emergency involving the health, safety, or welfare of the citizens of the State that is approved by three-fifths of the members elected to each House of the General Assembly shall not be included in these limitations on a budget appropriation bill.

    This establishes a constitutional cap on budget appropriations while allowing for exceptions in cases of emergency.

  • Article VIII of the Delaware Constitution

    In preparing his or her recommended budget, the Governor shall limit budget growth to the average of any annual increases in the national C.P.I. for the most recent three (3) fiscal years plus the average of any annual increases in the population of the State for the most recent three (3) calendar years, as compiled and published by the United States Bureau of Labor Statistics and the United States Department of Commerce respectively.

    This mandates the Governor to limit budget growth based on inflation and population growth metrics.

  • Article VIII of the Delaware Constitution

    The term “base general fund operating appropriations” means the total general fund appropriations contained in the annual Budget Appropriation Bill duly enacted according to § § 6335 through 6338 of Title 29 of the Delaware Code, and any amendatory legislation, but does not include any general fund appropriation identified as a one-time appropriation by its inclusion on a list bearing the name one-time appropriations.

    This defines the term 'base general fund operating appropriations' for clarity in the context of the constitutional limitation.

  • Article VIII of the Delaware Constitution

    The base general fund operating appropriations for the then-current fiscal year, the average annual increase in the national C.P.I. for the most recent three (3) fiscal years, and the average annual increase in the population of the State for the most recent three (3) calendar years shall be determined by the most recent joint resolution approved from time to time by a majority of the members elected to each House of the General Assembly and signed by the Governor.

    This establishes the method for determining relevant financial metrics for appropriations.

Action History

  1. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 8 co-sponsors · 51 not signed on

Sponsors (3)

Co-sponsors (8)

Not signed on (51)

51 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety taxation
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Frequently asked questions

What does HB 385 do?
This Act places a constitutional limitation on base general fund operating appropriations. However, appropriations deemed as emergencies involving the health, safety, or welfare of the citizens of the State that are approved by three-fifths of the members elected to each House of the General Assembly are not included in the limitation.
Who sponsors HB 385?
HB 385 is sponsored by Ronald E. Gray (Republican), Gerald W. Hocker (Republican), Richard G. Collins (Republican), Daniel B. Short (Republican), David L. Wilson (Republican), Stephen Smyk, Michael Ramone, Harvey R. Kenton, Deborah Hudson, Ruth Briggs King, and F. Gary Simpson.
What is the current status of HB 385?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 385?
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