CHAPTER 180

CONTINGENCY APPROPRIATIONS

AN ACT MAKING APPROPRIATIONS FOR CERTAIN CONTINGENCIES, FOR THE RESPECTIVE YEARS OF THE BIENNIUM JULY 1, 1957 TO JUNE 30, 1959, 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 sum of $534,400.00 for the fiscal year ending June 30, 1958 and the additional sum of $535,800.00 for the fiscal year ending June 30, 1959 are appropriated subject to the other terms of this Act to the agencies named in this Act or to any agency as defined in section 6301, Title 29, Delaware Code. The amounts hereinafter listed shall be for each fiscal year of the biennium ending June 30, 1959 unless otherwise specified, and the term "year" as used herein shall mean the fiscal year.

Section 2. Such sums shall be disbursed pursuant to provisions of law, after approval by the Budget Commission for authorized expenses.

Section 3. Proof, satisfactory to said Commission shall be submitted, and such proof shall include any evidence and testimony the Commission may require and a statement setting forth all facts in support of a claim 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. A contingency may be determined to exist only with the consent of the Governor and a majority of the members of the Budget Commission.

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 for causes beyond the control of the agency, or necessary to the general welfare, and only within the following designations:

110-2600 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 be authorized to expend amounts not to exceed $50,000 each year.

110-2601 To provide funds to match money received from the United States Government for direct payments to doctors and for medical supplies and care for blind aid recipients, the Delaware Commission for the Blind may expend amounts not to exceed $8,500 in the fiscal year ending June 30, 1958 and amounts not to exceed $9,000 in the fiscal year ending June 30, 1959.

110-2602 To provide for the payment of lost and/or outdated checks, the State Treasurer may expend for the redemption thereof amounts not to exceed $1,500 each year.

110-2603 Upon satisfactory proof of a contingency, not otherwise provided for, the Governor may be authorized to expend or transfer sums to any agency, provided however, that the total sums authorized for all agencies, pursuant to this Section does not exceed $75,000 in each year.

110-2604 To provide for a deficiency in appropriations in any salary accounts, for all agencies, pursuant to this section, may expend amounts not to exceed $30,000 each year.

110-2605 To provide for a deficiency in appropriations for accounting equipment, repairs, replacements or rental thereof, and personnel, the Auditor of Accounts may expend amounts not to exceed $10,000 each year.

110-2606 To provide for the State share for Direct Care under the Child Welfare Service and grants for Aid to Dependent Children, Aid to Disabled and Old Age Assistance over and above those provided in the General Appropriation Act, the Department of Public Welfare may expend amounts not to exceed $250,000 each year.

110-2607 To provide funds for special audits and other operational expenses the Budget Commission may expend amounts not to exceed $10,000 each year.

110-2608 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 amounts not to exceed $10,000 each year, provided, however, no part of these amounts shall be used for salaries and wages.

110-2609 To provide funds for salaries and wages, the Governor may expend amounts not to exceed $6,000 each year.

110-2610 To provide funds for emergency conditions involving unusual investigations and operational activities, the Attorney General may expend amounts not to exceed $10,000 each year.

110-2611 To provide funds for the State Board of Education for the following activities when funds appropriated therefor in the General Appropriation Act are insufficient, the following amounts may be expended:

 

Fiscal Year Ending June 30

1958 1959

Legal Expenses

$10,000.00

$10,000.00

Indian Students

5,400.00

6,300.00

Transportation

45,000.00

45,000.00

Total

$60,400.00

$61,300.00

110-2612 To provide for deficiency in appropriations for tabulating equipment, repairs, replacements or rental thereof, and personnel, the State Election Commissioner may expend amounts not to exceed $10,000 each year.

110-2613 To provide for deficiency in appropriations for equipment, replacements and salaries, the State Alcoholic Beverage Control Board may expend amounts not to exceed $3,000 in each year.

Section 5. The Auditor of Accounts shall keep actual, separate and detailed accounts of the expenditures made pursuant to this Act. 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 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 indebtedness to provide for the payment of any appropriations herein contained in the same manner and form as is provided in the General Appropriation Act.

Section 7. The State Board of Education and the Boards of the various School Districts may arrange their employment practices and expenditures on the assumption that all funds to which they are entitled under Chapter 17, Title 14, Delaware Code, will be made available to them prior to the close of the fiscal year and by the time such funds are needed even though contingency funds have not been specifically appropriated for those Districts which will have an increased enrollment. The provisions of Section 6519, Title 29, Delaware Code, shall not apply to expenditures authorized by this Section.

Section 8. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund.

Approved June 19, 1957.