CHAPTER 518

CONTINGENCY APPROPRIATION

AN ACT MAKING APPROPRIATIONS FOR CERTAIN CONTINGENCIES, FOR THE RESPECTIVE YEARS OF THE BIENNIUM JULY 1, 1955 TO JUNE 30, 1957, AND PRESCRIBING LIMITATIONS UPON USE THEREOF AND THE POWERS AND DUTIES OF BUDGET COMMISSION IN RELATION THERETO.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The several amounts named in this act, or so much thereof as shall be necessary, are appropriated for the biennium ending June 30, 1957, to any agency as agency is defined in Section 6301, Title 29, Delaware Code.

Section 2. Such sums shall be disbursed pursuant to provisions of law, and only after determination by Budget Commission, and only for the purposes of paying expenses authorized to be incurred by any agency.

Section 3. A contingency shall be determined to exist only on declaration by the Governor to have been determined by him by and with the consent of the majority of the members of Budget Commission. Such determination may be made after claim and proof, 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 a statement setting forth all facts in support of a claim that a contingency exists, and supported by, in the case of a Board, Commission or Department, a certified copy of the minutes authorizing the claim and approving the facts set forth in support of the claim. In no case shall a determination be made when the total of contingencies of like kind will be in excess of the amount hereinafter specified for such contingency.

Section 4. A contingency shall exist only when an expenditure, not otherwise authorized by the General Appropriation Act or any Supplementary Appropriation Act and for which

funds have not otherwise been provided in the budget of any agency, has become necessary directly as result of an act of God, or for other cause beyond the control of said agency, or necessary to the general welfare, and only within the following designations:

(a) To replace any building or structure and/or equipment which may have been destroyed by fire, storm or disaster, 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 a result of such fire; to provide for repairs to buildings or equipment of an extraordinary nature ; to repair or replace any boiler which shall have been damaged, destroyed or condemned, but in an amount not to exceed the actual cost of such repair or replacement, any department or agency of this State, may, upon submission of satisfactory proof of such emergency condition or condemnation, be authorized to expend all or any part of an amount not to exceed $50,000 in each of the respective years of the biennium ending June 30, 1957.

(b) To provide funds for any unexpected increase in case load for Vocational Rehabilitation over and above those provided in the General Appropriation Act, the State Board for Vocational Education may expend all or any part of an amount not to exceed $13,000 in each of the respective years of the biennium ending June 30, 1957.

(c) To provide for the payment of lost and/or outdated checks issued by any State Treasurer, the Auditor of Accounts may be authorized to expend for the redemption thereof all or any part of an amount not to exceed $1500 in each of the respective years of the biennium ending June 30, 1957.

(d) To provide for the control of any outbreak of contagious diseases of poultry and/or livestock, the State Board of Agriculture may be authorized to expend all or any part of an amount not to exceed $10,000, in each of the respective years of the biennium ending June 30, 1957.

(e) Upon satisfactory proof of a contingency, not otherwise herein provided for, the Governor may be authorized to expend or transfer to any agency, all or any part of an amount

not to exceed $75,000 in each of the respective years of the biennium ending June 30, 1957.

(f) To provide for a deficiency in appropriations of any salary accounts, any State Agency, Department, Board or Commission may be authorized to expend all or any part of an amount not to exceed $30,000 in each of the respective years of the biennium ending June 30, 1957.

(g) To provide for a deficiency in appropriations of any salaries, office expense, travel, equipment or repairs or replacements of accounting or tabulating equipment which may be required on account of additional duties assigned, the Auditor of Accounts may expend all or any part of an amount not exceeding $10,000 in each of the respective years of the biennium ending June 30, 1957.

(h) To provide for this State's share of Salaries and Wages, Aid to Dependent Children-Grants, Aid to Disabled-Grants, Old Age Assistance-Grants and Child Welfare Service-Direct Care over and above those provided for in the General Appropriation Act, the Department of Public Welfare may expend all or any part of an amount not to exceed $100,000 in each of the respective years of the biennium ending June 30, 1957.

() To provide for the payment of additional teachers, additional units, upgrading school personnel, additional health, clerical and custodial salaries in the event any school shall become eligible under the State Board of Education rules and regulations in effect January 1, 1955, and capital outlay, over and above those provided for in the General Appropriation Act, the State Board of Education may expend and/or transfer to various school districts all or any part of an amount for the purposes and not exceeding the amounts appearing below as follows :

Year Ending June 30, 1956

(2) Additional Units -- 200 at

   

$550 each

110,000.00

110,000.00

(2) Upgrading Instructional Personnel

20,000.00

40,000.00

(2) Additional Clerks, Nurses, Janitors

35,000.00

55,000.00

(2) Additional Capital Outlay-200 units at $50 each

10,000.00

10,000.00

(2) Additional Teachers-150 at $3,740 each in second year

 

561,000.00

(2) Additional Units-150 at $550 each

 

82,500.00

(2) Additional Capital Outlay-150 units at $50 each

 

7,500.00

 

$923,000.00

$1,646,000.00

(j) To provide for the payment of expenses of hearings, surveys, unusual investigations and transcripts only, over and above those provided for in the General Appropriation Act, the Public Service Commission may expend all or any part of an amount not to exceed $40,000 in each of the respective years of the biennium ending June 30, 1957; provided, however, no part of these amounts shall be used for salaries and wages.

() To provide funds for the general administration and operation of the State's participation in the Federal Social Security program and associated State programs, the State Treasurer is authorized to expend all or any part of an amount not to exceed $8,500 in each of the respective years of the biennium ending June 30, 1957.

(1) To provide for deficiency in appropriation for the payment of benefits under the Delaware State Employees' Pension Act, the State Treasurer may expend all or any part of an amount not to exceed $50,000 for the fiscal year ending June 30, 1956 and $75,000 for the fiscal year ending June 30, 1957.

(m) To provide for the payment of special audit or audits made necessary as a result of unforeseen circumstances in connection with legal proceedings, trials or hearings, and for

transcripts, requisition, travel expenses and additional equipment incidental thereto, the Attorney General may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed $10,000 in each of the respective years of the biennium July 1, 1955 to June 30, 1957.

(n) 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 Forty-Five Thousand Dollars ($45,000.00) in each of the respective years of the biennium July 1, 1955 to June 30, 1957.

Section 5. The Auditor of Accounts shall keep actual detailed accounts of the transfers approved in the manner hereinbefore provided by Budget Commission. The Budget Commission shall submit to the next General Assembly a full and detailed statement of the nature of the contingencies for which transfers are authorized, the cause thereof, and a copy of the account maintained therefor by the said Auditor of Accounts.

Section 6. The Governor, Secretary of State, and State Treasurer shall constitute a commission to negotiate and arrange for the sale or disposition of any notes or certificates of indebtness 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 7. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware.

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

Approved August 15, 1955.