CHAPTER 47 - APPROPRIATION - PERMANENT SALARY INCREASE OF STATE EMPLOYEES

AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF PERMANENT INCREASES IN THE SALARIES OF CERTAIN EMPLOYEES OF THE STATE FOR THE FISCAL YEARS BEGINNING JULY 1, 1945, AND JULY 1, 1946, AND ENDING JUNE 30, 1946, AND JUNE 30, 1947, RESPECTIVELY.

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

Section 1. That there is hereby appropriated the sum of Five Hundred Ninety Thousand Dollars ($590,000.00) for the fiscal year beginning July 1, 1945, and ending June 30, 1946, and the sum of Five Hundred Ninety Thousand Dollars ($590,000.00) for the fiscal year beginning July 1, 1946, and ending June 30, 1947, and the amounts hereby appropriated for each of said years shall be paid by the State Treasurer for the purposes and in the manner as hereinafter set forth.

Section 2. The State Treasurer is hereby directed to pay out of the sums appropriated in Section 1 of this Act as a permanent addition to the basic salary of certain State employees (not to include, however, elected officials and attaches of the General Assembly), amounts which shall in no case exceed the following in any one fiscal year, nor one-twelfth thereof in any one month, except that such salary increases may be paid to school teachers and employees of the State Board .of Education, the Board of Public Education in the City of Wilmington, any Board of Education of a Special School District or any Board of School Trustees of School Districts, in ten equal monthly payments in any fiscal year: (a) where the basic salary is Five Hundred Dollars ($500.00) or more but not more than Twelve Hundred Dollars ($1200.00), an annual increase of One Hundred Fifty Dollars ($150.00); (b) where the basic salary is in excess of Twelve Hundred Dollars ($1200.00) but not more than Fifteen Hundred Dollars ($1500.00), an annual increase of One Hundred Eighty Dollars ($180.00); (c) where the basic salary is in excess of Fifteen Hundred Dollars ($1500.00) but not more than Five Thousand Dollars ($5,000.00), an annual increase of Two Hundred Dollars ($200.00); and nothing in this Act shall be construed to apply to or result in any addition to any basic salary in an amount less than Five Hundred Dollars ($500.00); provided, however, that if any State employee receives a cash salary of less than Five Hundred Dollars ($500.00) but also receives as a part of the remuneration for his services board and lodging, such board and lodging shall be considered to be of a value of One Dollar ($1.00) per day and the value of such board and lodging shall be added to his basic cash salary for the purpose of determining the salary increase under the provisions of this Act. Any additional sum payable under the provisions of this Act shall be apportioned so as not to cause a basic salary plus such addition to exceed a total annual payment of Five Thousand Dollars ($5,000.00).

Section 3. Basic Salary; Definition Thereof; Exceptions:-- (a) The term "basic salary" as used in this Act shall be taken to include all salary payments made through the office of the State Treasurer from moneys derived from State revenue or from any other source (except such moneys as are appropriated by the United States Government) and in respect to which salary payments a board, commission, department, officers, or other agency of the State of Delaware exercises control and the amounts of which were included on a payroll for the month of December, 1944, for payment by the State Treasurer. Subject to the foregoing limitations, any compensation for personal services in the nature of emoluments, fees, honorariums, and the like, which is not ordinarily regarded as wages in the commonly accepted sense of the term, is to be considered as salary for the purpose of determining "basic salary" as hereinabove defined. (b) If salary is payable or paid to any State employee by one or more agencies and/or political subdivisions of the State and/or by the Federal Government, or any agency thereof, and whether paid through the office of the State Treasurer or otherwise, and the total there of equals or exceeds the sum of Five Thousand Dollars ($5,000.00) per annum, such employee shall not be eligible to receive any permanent salary increase provided for by this Act. (c) The term "basic salary" shall not include salary increases provided in Chapter 31 of Volume 44, Laws of Delaware, 1943, notwithstanding that such increases were included on any payroll for the month of December, 1944, for payment by the State Treasurer.

Section 4. In the event of the severance of employment by any employee covered by this Act who would have otherwise been eligible for the salary increase as provided by this Act, the employment of any other person in his place or stead shall, upon satisfactory proof of employment submitted to the State Treasurer, render such person eligible to the permanent salary increase herein provided, if the duties of such person are of the same nature and the position in which he is employed is regularly constituted by a department, board or other agency and/or required or authorized by law.

Section 5. The provisions of this Act shall be deemed to apply to all school employees of this State and/or any political subdivision of this State to whom any salary increase as provided in Sections 2 and 3 would be applicable if said employee were paid entirely out of the moneys of this State.

Section 6. Every board, department, officer or other agency shall, on or before the first day of June, 1945, submit to the State Auditor, in such form as he shall prescribe, a certified statement of all persons in its employ on December 31, 1944, if such persons are at present employed by said board, department, officer or other agency, and a list of persons so employed on December 31, 1944 who have since left such employment, and a list of positions existing but on said date vacant, and opposite each name and position certify to the rate of salary paid, both monthly and annually, from State moneys and from other sources, in separate columns.

For the purposes of this Act, any person employed to fill any vacancy in any permanent position as defined herein shall receive the permanent salary increase provided under Section 2 hereof, and it shall be the duty of the State Auditor to enforce the provisions of this Act and to approve the amounts to be paid hereunder by the State Treasurer.

Section 7. Any moneys appropriated in this Act shall be used exclusively for the purpose of paying the permanent salary increases herein authorized, and shall not be transferred or used for the payment of any other salaries or expenses.

Section 8. All acts or parts of acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Section 9. That this Act shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Funds of the State Treasury not otherwise appropriated.

Approved April 18, 1945.