2014 Delaware Code
Title 29 - State Government
CHAPTER 63A. OFFICE OF MANAGEMENT AND BUDGET
§ 6311A. Budget Development, Planning and Administration

(a) The Budget Development, Planning and Administration Section of the Office of Management and Budget is hereby established, having the powers, duties and functions as follows:

(1) Oversees the preparation, presentation and implementation of the state's operating and capital budgets;

(2) Directs the adaptation and implementation of effective fiscal and management policies and procedures;

(3) Manages the analysis of federal budgetary and financial issues including the administrative functions of the Delaware State Clearinghouse Committee; and

(4) Provides management direction to the Office of State Planning Coordination on planning policy direction and the analysis of potential impacts.

(b) The Administrator of the Budget Development, Planning and Administration Section shall assume such other powers, duties and functions as the Director of the Office of Management and Budget may assign which are not otherwise inconsistent with the laws of this State.

75 Del. Laws, c. 88, § 4.;

§ 6312A Functions prior to July 1, 2005.

The Office of Management and Budget, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested in the Division of Facilities Management, Division of Support Services, Division of Graphics and Printing, and the State Architect within the former Department of Administrative Services immediately prior to July 1, 2005, and which are not otherwise specifically assigned to the Office of Management and Budget by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such person, department, board, commission or agency.

75 Del. Laws, c. 88, § 4.;

§ 6313A Appeals.

Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Office of Management and Budget or to any division or subdivision thereof, shall continue to exist with respect to such act or acts as hereafter performed by the Office of Management and Budget or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.

75 Del. Laws, c. 88, § 4.;

§ 6314A Transfers and continuity.

(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Office of Management and Budget shall, on July 1, 2005, be delivered into the custody of the said Office. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred by this chapter and not concluded prior to July 1, 2005, shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Office. All orders, rules and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and which are in effect on July 1, 2005, shall remain in full force and effect until revoked or modified in accordance with law by the Office. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Office by this chapter and being in force on July 1, 2005, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Office.

(b) Employees of any agency whose functions are consistent with and have been transferred to the Office of Management and Budget by this chapter shall continue and be deemed to be the employees of the said Office on July 1, 2005, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2005.

(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Office of Management and Budget, be construed as referring and relating to the Office of Management and Budget as created and established by this chapter.

(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred by this chapter to the Office of Management and Budget, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

75 Del. Laws, c. 88, § 4.;

§ 6315A Misnomer in donation.

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Office of Management and Budget or any predecessor agency thereof if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Office or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Office, the estate or interest therein expressed or described.

75 Del. Laws, c. 88, § 4.;

§ 6316A Supremacy.

All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.

75 Del. Laws, c. 88, § 4.;