Delaware General Assembly

CHAPTER 363

APPROPRIATION - CONTINGENCIES

AN ACT MAKING APPROPRIATIONS FOR CERTAIN CONTINGENCIES, FOR THE RESPECTIVE YEARS OF THE BIENNIUM JULY 1, 1953 TO JUNE 30, 1955, 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 (three-fourths of all the Members of each Branch thereof concurring therein):

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, 1955, to any Agency as Agency is defined in Title 29, Section 6301, Delaware Code of 1953.

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. &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, 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 One Hundred and Fifteen Thousand Dollars ($115,000.00), in each of the respective years of the biennium ending June 30, 1955.

(b) To provide funds for any unexpected increase in case load for Vocational Rehabilitation over and above those provided in the General Appropriation Act, which meet the requirements of the load as of May 1, 1953, the State Board for Vocational Education may expend all or any part of an amount not to exceed Thirteen Thousand Dollars ($13,000.00) in each of the respective years of the biennium ending June 30, 1955.

(c) To provide additional funds for Vocational Education in accordance with the state plan for vocational education, meeting the requirements of the Smith-Hughes Vocational Education Act, passed by Congress, and approved February 23, 1917 (chapter 114, 39 Stat. 929), and amendments thereto, and of the Vocational Education Act of 1946, also known as the George-Barden Act, passed by Congress, and approved August 1, 1946 (chapter 725, 60 Stat. 775) the State Board for Vocational Education may 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 ending June 30, 1955.

(d) 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 Fifteen Hundred Dollars ($1500.00), in each of the respective years of the biennium ending June 30, 1955.

() To procure the services of certified public accountants, the same to be appointed by the Governor, to audit the accounts of any State Agency, the Governor shall submit the name or names of the certified public accountants so chosen or selected and thereupon the Budget Commission shall and it is hereby empowered and authorized to contract with certified public accountants so selected and 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 ending June 30, 1955.

(a) To match any funds made available by the Federal Government for teacher training in agriculture, the Board of Trustees for Delaware State College 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 and Eighty-Eight Dollars ($888.00), in each of the respective years of the biennium ending June 30, 1955.

(b) 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 Ten Thousand Dollars ($10,000.00), in each of the respective years of the biennium ending June 30, 1955.

(h) To provide for an abnormal number of claims upon the Department of Live Stock Sanitation, the State Board of Agriculture may 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 ending June 30, 1955.

(i) To match Federal funds for a Market News Letter, the State Board of Agriculture may be authorized to expend all or any part of an amount not to exceed One Thousand Dollars ($1,000.00), in each of the respective years of the biennium ending June 30, 1955.

(j) 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 Seventy-Five Thousand Dollars ($75,000.00), in each of the respective years of the biennium ending June 30, 1955.

(k) 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 Seventy-Five Thousand Dollars ($75,000.00), in each of the respective years of the biennium ending June 30, 1955.

(1) To provide for the replacement of accounting machines, the Auditor of Accounts may expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00) during the biennium ending June 30, 1955.

(m) 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 which meet the requirements of the case load as of May 1, 1953, the Department of Public Welfare may expend all or any part of an amount in each of the respective years of the biennium ending June 30, 1955, for the purposes and not exceeding the amounts appearing below as follows:

DEPARTMENT OF PUBLIC WELFARE

(n) To provide for payment of any increase in National dues, the Delaware Racing Commission may expend all or any part of an amount not to exceed Two Hundred Dollars ($200.00), in each of the respective years of the biennium ending June 30, 1955.

(o) To provide for the payment of additional salaries, due to the opening of new buildings, the Delaware Commission for the Feeble Minded may 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 ending June 30, 1955.

(p) To provide for the payment of prevention of beach erosion, along the Atlantic Ocean for a distance of one mile north measured northerly from the northern limits of the corporate limits of the City of Rehoboth, and from the southern limits of the corporate limits of the City of Rehoboth to Indian River, the State Park Commission may expend all or any part of an amount not to exceed Twenty-Five Hundred Dollars ($2500.00), in each of the respective years of the biennium ending June 30, 1955.

(q) To provide an appropriation for existing units for Capital Outlay in the amount of $55,000.00 for the fiscal year July 1, 1953 to June 30, 1954 and a like sum of Fifty-Five Thousand Dollars ($55,000.00) for the fiscal year July 1, 1954 to June 30, 1955 for the School Districts as set forth below in the respective amounts. The various schools may expend these amounts only upon submission of satisfactory proof of need and upon certification of the units herein provided, as follows:

SPECIAL SCHOOL DISTRICTS

(r) In the event that it shall be necessary to connect with the county sewer, the Woods Haven School For Girls may expend for such purpose all or any part of an amount not to exceed Three Thousand Dollars ($3,000.00) during the biennium ending June 30, 1955.

(s) 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, 1953, 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:

$479,000.00 $949,000.00

(t) To provide for the payment of expenses of additional hearings 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 Forty Thousand Dollars ($40,000.00) in each of the respective years of the biennium ending June 30, 1955; provided, however, no part of these amounts shall be used for salaries and wages.

(u) 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 Eighty-Five Hundred Dollars ($8500.00) in each of the respective years of the biennium ending June 30, 1955.

(v) To provide funds for such administrative expense that may be necessarily incurred in excess of appropriations already made in the General Appropriation Act for participation in the Federal Social Security program, the State Tax Department is authorized to expend all or any part of an amount not to exceed Thirty-Five Hundred Dollars ($3500.00) in each of the respective years of the biennium ending June 30, 1955.

(w) 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 Seventy-Five Thousand Dollars ($75,000.00) for the fiscal year ending June 30, 1954, and One Hundred and Twenty-Five Thousand Dollars ($125,000.00) for the fiscal year ending June 30, 1955.

(x) In the event the Federal participation in the Crippled Children Program of the State of Delaware, supervised by the State Board of Health, is reduced from the 1952-53 ratio, the State Board of Health may expend if necessary all or any part of an amount not to exceed Twenty Thousand Dollars ($20,000.00) for the fiscal year ending June 30, 1954, and Twenty-Two Thousand Dollars ($22,000.00) for the fiscal year ending June 30, 1955.

() To provide for deficiency in appropriation for the State Board of Education for the purpose of supplying educational services to handicapped children in proper schools and proper educational institutions in addition to such educational services otherwise provided for in other appropriations, the State Board of Education may expend or allocate all or part of an amount not to exceed Fifty Thousand Dollars ($50,000.00) during each year of the biennium ending June 30, 1955.

(a) 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 Ten Thousand Dollars ($10,000.00) in each of the respective years of the biennium July 1, 1953 to June 30, 1955.

Section 5. The Auditor of Accounts shall keep actual detailed accounts of the transfers approved in the manner hereinbefore provided by Budget Commission. 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 arrrange 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 7. This Act shall be known as 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 8. All Acts or parts of Acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Approved July 11, 1953.