CHAPTER 57

APPROPRIATION

EMERGENCY APPROPRIATION

AN ACT MAKING APPROPRIATION FOR A STATE EMERGENCY FUND FOR CERTAIN EMERGENCIES AND CONDITIONS NOT OTHERWISE PROVIDED FOR FOR THE RESPECTIVE YEARS OF THE BIENNIUM JULY 1, 1943 TO JUNE 30, 1945 AND PRESCRIBING LIMITATIONS UPON USE THEREOF AND THE POWERS AND DUTIES OF THE PERMANENT BUDGET COMMISSION IN RELATION THERETO.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Creation of Fund:--A fund is hereby created to be known as "The State Emergency Fund" which shall consist of any moneys in the General Fund of the State of Delaware not otherwise appropriated, and shall in no case exceed the cash balance to the credit of the State Treasury for a total of Seven Hundred Thousand Dollars ($700,000.00) not including receipts from the sale of any bonds or from other evidences of debt.

Section 2. Availability of Fund:--The State Emergency Fund shall be disbursed by the State Treasurer only upon order of the Permanent Budget Commission and only for the purposes of paying expenses authorized to be incurred by any agency named in this Act after such agency shall have certified to the existence of an "actual emergency" or to a "condition not otherwise provided for" as hereinafter defined, provided that in no case shall an order be issued by the Permanent Budget Commission in excess of the amount hereinafter specified for any one emergency or condition not otherwise provided for or for a total of emergencies and conditions not otherwise provided for of like kind in any one fiscal year authorizing a particular agency to expend such amount as is necessary to meet a specific emergency or condition as hereinafter defined.

Section 3. Proof of Emergency:--An emergency or a condition not otherwise provided for shall be deemed to exist only when declared by the Governor to have been determined by him by and with the consent of the majority of the members of the Permanent Budget Commission. Such determination may be made after proof of emergency or condition not otherwise provided for, satisfactory to said Commission, has been submitted, and such proof shall include any evidence and testimony as said Commission may require and in every case an affidavit setting forth all facts in support of a claim that an emergency or a condition not otherwise provided for exists, sworn to by a duly authorized representative of the agency making application for use of all or any portion of the State Emergency Fund as herein provided.

Section 4. Emergencies Defined:--It is further provided that an emergency shall exist only when an expenditure, not otherwise authorized by general appropriation act or any supplementary appropriation act and for which funds have not otherwise been provided in the budget of any department or agency of this state, has become necessary directly as a result of an act of God or for other cause beyond the control of said department or agency.

(a) To replace any building or other structure which shall have been destroyed by fire, the replacement value of which is not fully covered by insurance, but in no case to exceed the difference between such replacement value and such insurance received as result of such fire, any department or agency of this State may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Fifty Thousand Dollars ($50,000.00).

(b) To provide the National Guard with an appropriation for batteries, supplies, headquarters and band when it shall have been discharged from the Federal service and returned to its regular duty in the State, the Adjutant-General may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Twenty-three Thousand, Nine Hundred, Fifty Dollars ($23,950.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(c) To provide for repairs of an extraordinary nature the State Board of Education, if the building or equipment is located in a school district outside of the City of Wilmington or the Board of Public Education in Wilmington, if the building or equipment is located in the consolidated school district in the City of Wilmington, may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(d) To replace any bookkeeping machine in the office of the Auditor of Accounts when it shall have become unfit for further use. The Auditor of Accounts may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Four Thousand Dollars ($4,000.00).

(e) To provide for the rehabilitation of citizens of this State wounded or otherwise impaired as result of participation in the present war, the State Board of Vocational Education may, upon submission of satisfactory proof of emergency, and/or for the participation in any rehabilitation program, be authorized to expend all or any part of an amount not to exceed Fifty Thousand Dollars ($50,000.00) for each of the respective years of the biennium July 1, 1943 to June 30, 1945.

() To provide relief for the unemployable an appropriation to the State Old Age Welfare Commission which may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(g) To match any funds made available by the Federal Government for the purpose of furnishing vocational training to volunteer firemen the State Council of Defense may, upon submission of satisfactory proof of the availability of such Federal funds, be authorized to expend all or any part of an amount not to exceed Nine Hundred Dollars ($900.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

() To match any funds made available by the Federal Government for teacher training in agriculture the Board of Trustees of the State College for Colored Students may, upon submission of satisfactory proof of the availability of such Federal funds, be authorized to expend all or any part of an amount not to exceed Eight Hundred, Eighty-eight Dollars ($888.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(a) To provide for repairs of an extraordinary nature to the light and/or water system on the State grounds and buildings in the City of Dover the State Custodian may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Three Thousand Dollars ($3,000.00).

(g) To provide for transportation of school pupils when the appropriation provided for such transportation shall have been insufficient to meet the cost of such transportation, the State Board of Education may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(h) To provide for the care of needy, dependent children outside their own homes when sums appropriated therefor have become exhausted as a result of increase in the number of dependent children requiring such care over the present total of children furnished such care, the State Board of Charities may, upon Submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

Section 5. Condition Not Otherwise Provided for Defined:-- It is further provided that a condition not otherwise provided for shall exist only when an expenditure not otherwise authorized by the Budget Appropriation Act or any supplementary appropriation act and for which funds have not otherwise been provided in the budget of any department or agency of this State, has become necessary to the general welfare.

(a) To match any funds made available by the Federal Government for the construction of roads, highways or bridges as may be required in excess of amounts otherwise appropriated for the construction of roads, highways and bridges for the purpose of participating in any construction program, the State Highway Department may, upon satisfactory proof of availability of such Federal funds, be authorized to expend all or any part of an amount not to exceed Two Hundred, Fifty Thousand Dollars ($250,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(b) To replace any boiler which shall have been destroyed or condemned but in an amount not to exceed the actual cost of such replacement, any department or agency of this state may, upon submission of satisfactory proof of destruction or condemnation, be authorized to expend all or any part of an amount not to exceed Twenty-five Thousand Dollars ($25,000.00).

(c) To provide for the control and elimination of Bangs' disease in case epidemic conditions become imminent, the State Board of Agriculture may, upon submission of satisfactory proof of conditions not otherwise provided for and for which recommendation was not made in the Budget Recommendations of the Governor, be authorized to expend all or any part of an amount not to exceed Fifteen Thousand Dollars ($15,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(d) To provide for the expenses of the Racing Commission and in lieu of all other appropriations for this purpose, the said Racing Commission may, upon satisfactory proof of conditions not otherwise provided for (which proof shall be evidence of authority to hold race meetings during each or either of the fiscal years 1944 and 1945, respectively), be authorized to expend all or any part of an amount not to exceed Four Thousand Dollars ($4,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(e) To provide for deficiency in appropriations for any salary accounts specifically provided to be paid by law, and including salary of any teacher or other employe returning to a position previously occupied by him before military service, to which he was guaranteed return after such service, the State Treasurer may, upon submission of satisfactory proof of such deficiency, be authorized to expend all or any part of an amount not to exceed Seventy-five Thousand Dollars ($75,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(f) To provide troops necessary for defense and protection within this State during the absence of the National Guard and as may be otherwise provided by statute for a state guard, the Adjutant General of this State may, upon submission of satisfactory proof, be authorized to expend all or any part of an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(d) To provide for expenses of the State Council of Defense and in lieu of all other appropriations therefor, the Governor of this State may, upon submission of satisfactory proof of conditions not otherwise provided for and resulting from the

existing emergency, be authorized to expend all or any part of an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(h) To provide for the control of contagious diseases which have heretofore been the subject of direct appropriation, the State Board of Agriculture may, upon submission of satisfactory proof of conditions not otherwise provided for as a result of outbreak of contagious diseases of poultry and/or livestock, be authorized to expend all or any part of an amount not to exceed Eleven Thousand, Eight Hundred Dollars ($11,800.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(i) To provide for the inspection of farm products which have heretofore been the subject of direct appropriation, the State Board of Agriculture may, upon submission of satisfactory proof of conditions not otherwise provided for, the satisfaction of which will benefit the producer of farm products, be authorized to expend all or any part of an amount not to exceed Seven Thousand, Two Hundred, Seventy-five Dollars ($7,275.00) for each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(j) To provide at the expiration of the existing war for conditions not otherwise provided for in the Motor Vehicle Division of the State Highway Department, proof of which shall be evidenced by increase of at least 25% of the monthly transactions of said division as a result of the repeal of rationing regulations or other cause demanding additional facilities to meet the public need, said Department may, upon submission of satisfactory proof of said conditions, be authorized to expend all or any part of an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(k) To provide at the expiration of the existing war for conditions not otherwise provided for which may require prompt or emergency expansion of the State Police force and facilities, the State Highway Department may, upon submission of satisfactory proof of said conditions not otherwise provided for, be authorized to expend all or any part of an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(1) To provide for the conversion of heating equipment in the public schools of this State upon submission of satisfactory proof of requirement by the Office of Price Administration for the conversion of any heating equipment, the State Board of Education, the respective Boards of Trustees of the several special school districts, and/or the Board of Public Education, Wilmington, may be authorized to expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00).

(m) To provide as an additional appropriation to the State Board of Health, upon submission of satisfactory proof of conditions requiring employment of additional help and need for additional supplies to cooperate with the Selective Service Act, may be authorized to expend all or any part of an amount not to exceed Three Thousand Dollars ($3,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(n) To provide for the maintenance and operation of buildings and equipment necessary and for the instruction of high school students in the event of any separation of functions for the purposes of obtaining accreditation for the State College for Colored Students, the Board of Trustees of the said State College for Colored Students and/or the Board of Trustees of the Dover Special School District may, upon submission of satisfactory proof of conditions not otherwise provided for, be authorized to expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00) in each of the respective years of the biennium July 1, 1943 to June 30, 1945.

(o) To provide for mosquito control and the elimination of mosquito infested areas, the State Highway Department may, upon submission of satisfactory proof of condition not otherwise provided for, be authorized to expend all or any part of an amount not to exceed Twenty Thousand Dollars ($20,000.00) in each of the respective years of the biennium July 1, 1943 to and including June 30, 1945.

Section 6. The Auditor of Accounts shall keep actual detailed accounts of the cost or expenditure of any and all portions of the said State Emergency Fund to reflect outlays approved in the manner hereinbefore provided by the Permanent Budget Commission and expended by an individual agency out of the appropriations set forth in this Act, and the Permanent Budget Commission shall submit to the next General Assembly a full and detailed statement of the nature of the emergency or emergencies for which expenditures are authorized, the cause thereof, and a copy of the account maintained therefor by the said Auditor of Accounts.

Section 7. That the Governor, Secretary of State and the State Treasurer shall constitute a commission to negotiate and arrange for the sale or disposition of any notes or certificates of indebtedness to provide for the payment of any appropriations herein contained in the same manner and form as is provided in any budget appropriation bill authorized by this session of the General Assembly and approved by the Governor.

Section 8. This Act shall be taken and deemed to be a Supplementary Appropriation Act and the sums hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated in accordance with the items and conditions of this Act.

Section 9. All acts or parts of acts inconsistent with this act are hereby repealed to the extent of such inconsistency only.

Approved April 22, 1943.

Public Arms and Defense