CHAPTER 32 - APPROPRIATION - EMERGENCY APPROPRIATION

AN ACT MAKING APPROPRIATION FOR A STATE EMERGENCY FUND FOR CERTAIN EMERGENCIES AND CONDITIONS NOT OTHERWISE PROVIDED FOR THE RESPECTIVE YEARS OF THE BIENNIUM JULY 1, 1945 TO JUNE 30, 1947 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 One Million Dollars ($1,000,000.00) 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 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 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 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) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(b) 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 Twenty Thousand Dollars ($20,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(c) To provide for repairs to buildings or equipment of an extraordinary nature any State Department, Agency, or Institution may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Thirty Thousand Dollars ($30,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(d) 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, 1945, to June 30, 1947.

(e) To provide additional funds for Vocational Rehabilitation case service when sums appropriated therefor have become exhausted as a result of an increase in the case load, the State Board of Education may, upon satisfactory proof of emergency, 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, 1945, to June 30, 1947.

() 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, 1945, to June 30, 1947.

(g) 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 total of children furnished such care on July 1, 1945, the State Board of Welfare 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, 1945, to June 30, 1947.

(h) Upon satisfactory proof of an emergency not otherwise herein provided for, the Governor may be authorized to expend all or any part of an amount not to exceed Fifty Thousand Dollars ($50,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(i) To provide for the purchase of fuel for heating school buildings, the State Board of Education, if the building is located in a school district outside of the City of Wilmington, or the Board of Public Education in Wilmington, if the building is located in the consolidated school district in the City of Wilmington, when sums appropriated therefor have become exhausted, may, upon satisfactory proof of emergency, expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00) provided, however, the fuel so purchased is to be consumed before the expiration of the fiscal year in which it is purchased in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(j) To provide for Teachers' Salary Increments, the State Board of Education may, upon satisfactory proof that sums appropriated therefor for each of the fiscal years of the biennium have become exhausted and that an emergency exists, expend all or any part of an amount not to exceed Five Thousand Dollars ($5,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(k) To provide Special Fire Protection, the State Forestry Department may, upon satisfactory proof of emergency and after the sums appropriated therefor have been exhausted, 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, 1945, to June 30, 1947.

(1) To provide additional teachers and/or cost of operation in any school district outside the City of Wilmington, the State Board of Education may, or for additional teachers and/or cost of operation in the consolidated school district in the City of Wilmington, the Board of Public Education in Wilmington may, upon satisfactory proof of abnormal pupil enrollment and need therefor, 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, 1945, to June 30, 1947.

(m) 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) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(n) To provide for the payment of lost and/or outdated checks issued by any State Treasurer, the Auditor of Accounts may, upon submission of satisfactory proof thereof, be authorized to expend for the redemption thereof all or any part of an amount not to exceed Five Hundred Dollars ($500.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

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 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 need, 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, 1945, to June 30, 1947.

(b) To provide relief for the unemployable the State Old Age Welfare Commission may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed One Hundred Thousand Dollars ($100,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

() 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, 1945, to June 30, 1947.

(a) To match any funds made available by the Federal Government for teacher training in agriculture the Board of Trustees for 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, 1945, to June 30, 1947.

(b) To provide motor vehicles, either new or replacements, Agencies, Departments, or Institutions having appropriations made for that purpose for the fiscal year ending June 30, 1946, revert to the General Fund because of unavailability of motor vehicles may, upon satisfactory proof of such circumstances and the need therefor, expend all or any part of an amount not to exceed One Hundred Thousand Dollars ($100,000.00) during the fiscal year ending June 30, 1947, provided, however, that no Agency, Department, or Institution shall expend any sum in excess of the amount of its reverted appropriation.

(f) To provide for the operation of the State Employment Services in the event of return to the State by the Federal Government, the Delaware Unemployment Compensation Commission may upon satisfactory proof of such return of such services to the State be authorized to expend all or any part of an amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(g) To provide for the inspection of Motor Vehicles after the cessation of hostilities, the State Highway Department may, upon satisfactory proof of need therefor, expend all or any part of an amount not to exceed Seventeen Thousand Dollars ($17,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(h) To provide the State Police Department with additional troopers and equipment after the cessation of hostilities, the State Highway Department may, upon satisfactory proof of the need therefor, expend all or any part of an amount not to exceed Seventy-nine Thousand Five Hundred Dollars ($79,500.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

() To provide additional aid for dependent children when sums appropriated therefor have become exhausted as a result of the increase in number of children requiring such care above the total of children receiving such care on July 1, 1945, the Commission for Aid to Dependent Children may, upon submission of. satisfactory proof of emergency, be authorized to expend for the fiscal year ending June 30, 1946, all or any part of an amount not to exceed Sixteen Thousand Dollars ($16,000.00) and for the fiscal year ending June 30, 1947, all or any part of an amount not to exceed Nineteen Thousand Dollars ($19,000.00) provided, however, that no part of the sum herein appropriated for either of the fiscal years aforesaid shall be made available to said Commission unless the Levy Court of the County in which any such sum is to be expended shall first authorize the additional expenditure and make an appropriation therefor.

(j) To provide for the payment of old age pensions when sums appropriated therefor have become exhausted as a result of increase of the number of recipients or an increase in the amount payable, the Old Age Welfare Commission may, upon satisfactory proof of peed, 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, 1945, to June 30, 1947.

(k) To make provision for the purchase of microfilming machines and equipment when they are available, the Public Archives Commission may, upon satisfactory proof of availability, expend all or any part of Eight Thousand Two Hundred Eighty-five Dollars ($8,285.00) in the fiscal year ending June 30, 1946, and all or any part of Six Thousand, One Hundred Sixty Dollars ($6,160.00) in the fiscal year ending June 30, 1947.

(1) To provide for the replacing of the guard boat "Delaware" after the sale thereof, the Collector of Oyster Revenue may, upon submission of satisfactory proof of the availability of a replacement, be authorized to expend all or any part of a sum not to exceed Five Thousand Dollars ($5,000.00).

(m) To provide the Motor Vehicle Division with registration plates when they are available, the State Highway Department may, upon satisfactory proof of such availability, expend all or any part of an amount not to exceed Six Thousand Dollars ($6,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(n) To provide for maintenance of roads, highways, or bridges when sums appropriated therefor have become exhausted, the State Highway Department may, upon satisfactory proof of need, expend all or any part of an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(o) To provide for installation of new water distributing system for the purpose of adequate fire protection for State buildings in the City of Dover, the State Custodian may, upon satisfactory proof of emergency, expend all or any part of Thirteen Thousand Two Hundred Fifty Dollars ($13,250.00) during the biennium ending June 30, 1947.

() To provide for the extension of the water distributing system for the purpose of adequate fire protection for State College for Colored Students, the State Buildings and Grounds Commission may, upon satisfactory proof of emergency, expend all or any part of an amount not to exceed Two Thousand Seven Hundred Fifty Dollars ($2,750.00) during the biennium ending June 30, 1947.

(a) 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 employee 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 Fifty Thousand Dollars ($50,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(b) To provide troops necessary for defense and protection within this State and as may be otherwise provided by statute for troop protection, 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 Thousand Dollars ($20,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(s) 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 Seven Thousand Five Hundred Dollars ($7,500.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(t) To provide for the control of contagious diseases, 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 Ten Thousand Dollars ($10,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(u) To provide for an abnormal number of claims upon the Department of Livestock Sanitation, the State Board of Agriculture may, upon submission of satisfactory proof of such claims, 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, 1945, to June 30, 1947.

(v) To provide for the maintenance and operation of buildings and equipment and for the instruction of high school students necessitated by the separation of functions for the purposes of 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 Education 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, 1945, to June 30, 1947.

(w) To provide for mosquito control and the elimination of mosquito infested areas,. the State Highway Department 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 Twenty Thousand Dollars ($20,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

() To provide for deficiency in appropriation for the payment of benefits under the "Delaware State Employee's Pension Act", the State Treasurer may, upon submission of satisfactory proof of need, expend all or any part of an amount not to exceed Fifty Thousand Dollars ($50,000.00) in each of the respective years of the biennium July 1, 1945, to June 30, 1947.

(a) To provide for reconversion in Vocational Education training from war industries to peace-time pursuits, the State Board of Education may, upon satisfactory proof of need, 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, 1945, to June 30, 1947.

(b) To provide appropriations for repairs of an extraordinary nature to school buildings, the Board of Trustees and/or the Board of Education of the following school districts may, upon submission of proof of need, be authorized to expend the amounts set opposite the names of the respective school districts for the purposes specified, all or any part of the respective amounts herein provided, during the biennium ending June 30, 1947:

Type of Amount

Name of School District Expenditure Appropriated

Alexis I. duPont Special

School Repairs $1,380.00

Newark Special School Roof Repairs 1,300.00

Smyrna Special School Roof Repairs 250.00

Milford Special School

(colored) Boiler Repairs 1,200.00

Harrington Special School Roof Repairs $831.50

Plumbing 828.00

1,659.50

Lewes Special School Roof Repairs 575.00

Window Repairs 100.00 675.00

Georgetown Special School Roof Repairs 300.00

Exterior Water-

Proofing 9,637.00 9,937.00

Seaford Special School Repairs 500.00

Laurel Special School Repairs 950.00

Rehoboth Special School Repairs 740.00

Dover Special School

(colored) New Floor 450.00

Plaster ceilings 300.00 750.00

4 rooms

Ellendale #125 Sussex Driveway 1,000.00

Houston #125 Kent Roof Repairs 180.00

Plumbing 780.00

Electrical 300.00 1,260.00

$21,601.50

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 Permanent Budget Commission and expended by an individual agency out of the appropriations set forth in this as Act, and 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 11, 1945.