CHAPTER 153

APPROPRIATION

PAYMENT OF TEMPORARY INCREASES IN SALARIES OF

CERTAIN STATE EMPLOYEES

AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF TEMPORARY INCREASES IN THE SALARIES OF CERTAIN EMPLOYEES OF THE STATE FOR THE FISCAL YEARS ENDING JUNE 30, 1950 AND JUNE 30, 1951, 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 Twenty Thousand Dollars ($520,000.00) for the fiscal year ending June 30, 1950, and the sum of Five Hundred Twenty Thousand Dollars ($520,000.00) for the fiscal year ending June 30, 1951. 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 temporary addition to the basic salary of certain State employees covered by the provisions of this Act, (not to include, however, elected officials, attaches of the General Assembly nor any employees of the University of Delaware), an increase at the rate of Two Hundred Dollars ($200.00) per annum, but not to exceed one-twelfth (1/12th) of said increase in any one month except that such salary increases may be paid to members of the teaching staff at Delaware State College, 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, any Board of School Trustees of school districts, or Delaware State College, in ten (10) equal monthly payments in any fiscal year.

Section 3. The Two Hundred Dollars ($200.00) annual increase in basic salary herein provided shall be paid to all State employees qualifying for such payments who receive annual salaries within a range of Five Hundred Dollars ($500.00) and more to Five Thousand Dollars ($5,000.00) and less. No increase in basic salary granted in Section 2 hereof shall cause the sum of any basic salary to exceed a total annual payment of Five Thousand Dollars ($5,000.00).

Section 4. The temporary salary increase herein provided shall be paid to all those persons qualifying for such increases who were State employees on the 1st day of February, A. D. 1949.

Section 5. 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 Auditor, render such person eligible to the temporary 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 6. The provisions of this Act shall be deemed to apply to all school employees of this State and/or any political sub-division of this State to whom any salary increase as provided in this Act would be applicable if said employee were paid entirely out of the moneys of this State.

Section 7. The temporary salary increase herein provided shall remain in effect until the end of the next biennium on June 30, 1951, for all State employees qualified for such increased payments except teachers in the public schools.

Section 8. If any State employee receives a cash salary of less than Five Hundred Dollars ($500.00) annually 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 hereof.

Section 9. 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 January, 1949, 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 herein-above defined. If salary is payable or paid to any State employee by one or more agencies and/or political sub-divisions 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 thereof equals or exceeds the sum of Five Thousand Dollars ($5,000.00) per annum, such employees shall not be eligible to receive any temporary salary increase provided for by this Act.

Section 10. Every board, department, officer or other agency shall on or before the first day of the month following the month in which this Act becomes effective, submit to the State Auditor in such form as he shall prescribe a certified statement of all persons in its employ on February 1, 1949, if such persons are at present employed by said board, department, officer or other agency, and a list of persons so employed on February 1, 1949, 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 temporary salary increase provided in this Act, 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 11. Any moneys appropriated in this Act shall be used exclusively for the purpose of paying the temporary salary increases herein authorized, and shall not be transferred or used for the payment of any other salaries or expenses.

Section 12. All acts or parts of acts inconsistent with this act are hereby repealed to the extent of such inconsistency only.

Section 13. That this bill 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 May 27, 1949.