Delaware General Assembly

CHAPTER 368

APPROPRIATION - STATE EMERGENCY FUND

AN ACT MAKING APPROPRIATION FOR A STATE EMERGENCY FUND FOR CERTAIN EMERGENCIES AND CONDITIONS NOT OTHERWISE PROVIDED FOR, FOR THE RESPECTIVE YEARS OF THE BIENNIUM JULY 1, 1951 TO JUNE 30, 1953, AND PRESCRIBING LIMITATIONS UPON USE THEREOF AND THE POWERS AND DUTIES OF THE PERMANENT BUDGET COMMISSION IN RELATION THERETO.

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

Section 1. CREATION OF FUND:--A fund is hereby created to be known as "The State Emergency Fund" which shall consist of any moneys in the General Fund of the State of Delaware not otherwise appropriated, and shall in no case exceed the cash balance to the credit of the State Treasury for a total of One Million Dollars ($1,000,000.00) not including receipts from the sale of any bonds or from other evidences of debt.

Section 2. AVAILABILITY OF FUND:--The State Emergency Fund shall be disbursed by the State Treasurer only upon order of the Permanent Budget Commission and only for the purposes of paying expenses authorized to be incurred by any agency named in this Act after such agency shall have certified to the existence of an "actual emergency" or to a "condition not otherwise provided for," as hereinafter defined, provided that in no case shall an order be issued by the Permanent Budget Commission in excess of the amount hereinafter specified for any one emergency or condition not otherwise provided for, or for a total of emergencies and conditions not otherwise provided for of like kind in any one fiscal year, authorizing a particular agency to expend such amount as is necessary to meet a specific emergency or condition as hereinafter defined.

Section 3. PROOF OF EMERGENCY:--An emergency or a condition not otherwise provided for shall be deemed to exist only when declared by the Governor to have been determined by him by and with the consent of the majority of the members of the Permanent Budget Commission. Such determination may be made after proof of emergency or condition not otherwise provided for, 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 an affidavit setting forth all facts in support of a claim that an emergency or a condition not otherwise provided for exists, sworn to by a duly authorized representative of the agency making application for use of all or any portion of the State Emergency Fund as herein provided.

Section 4. EMERGENCIES DEFINED:--It is further provided that an emergency shall exist only when an expenditure, not otherwise authorized by general appropriation act or any supplementary appropriation act and for which funds have not otherwise been provided in the budget of any department or agency of this State, has become necessary directly as a result of an act of God or for other cause beyond the control of said department or agency.

(d) To replace any building or other structure and/or equipment which shall 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 result of such fire, any department or agency of this State may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Fifty Thousand Dollars ($50,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(e) To provide for repairs of an extraordinary nature the State Board of Education, if the building or equipment is located in a school district outside of the City of Wilmington, or the Board of Public Education in Wilmington, if the building or equipment is located in the consolidated school district in the City of Wilmington, may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Thirty Thousand Dollars ($30,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(c) To provide for repairs to buildings or equipment of an extraordinary nature any State Department, Agency, or Institution, may, upon submission of satisfactory proof of emergency, be authorized to expend all or any part of an amount not to exceed Thirty Thousand Dollars ($30,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(d) To provide for the rehabilitation of citizens of this State, the State Board of Vocational Education may, upon submission of satisfactory proof of emergency, and/or for the participation in any rehabilitation program, be authorized to expend all or any part of an amount not to exceed Five Thousand Dollars ($5,000.00) for each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(e) To provide additional funds for Vocational Rehabilitation case service when sums appropriated therefor have become exhausted as a result of an increase in the case load as of July 1, 1951, the State Board of Education may, upon satisfactory proof of emergency, 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, 1951 to June 30, 1953.

(f) 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 Twenty-five Thousand Dollars ($25,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(g) To provide for the care of needy, dependent children outside their own homes when sums appropriated therefor have become exhausted as a result of the increase in the number of dependent children requiring such care over the total of children furnished such care on July 1, 1951 and/or to provide aid for dependent children when sums appropriated therefor have become exhausted as a result of the increase in number of children requiring such care above the total of children receiving such care on July 1, 1951, the State Board of Welfare may, upon submission of satisfactory proof of emergency, be authorized to 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 July 1, 1951 to June 30, 1953; provided, however, that no part of the sums herein appropriated for either of the fiscal years aforesaid, shall be made available to said Board for the program for aid to dependent children unless the Levy Court of the County in which all or any part of such sums is to be expended shall first authorize the additional expenditure and make an appropriation therefor, and provided further that if the Levy Court of any County shall not have the funds available to provide the share of such County of the emergency needs hereinabove mentioned, the said share of the said County may be provided out of the funds hereby appropriated for such purposes upon the execution and delivering by the Levy Court of such County of an undertaking in writing to reimburse the State Treasury for any sums so advanced on behalf of such County.

(h) To provide for the purchase of fuel for heating school buildings, the State Board of Education, if the building is located in a school district outside of the City of Wilmington, or the Board of Public Education in Wilmington, if the building is located in the consolidated school district in the City of Wilmington, when sums appropriated therefor have become exhausted, may, upon satisfactory proof of emergency, expend all or any part of an amount not to exceed Ten Thousand Dollars ($10,000.00); provided, however, the fuel so purchased is to be consumed before the expiration of the fiscal year in which it is purchased in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

() To provide Special Fire Protection, the State Forestry Department may, upon satisfactory proof of emergency and after the sums appropriated therefor have been exhausted, expend all or any part of an amount not to exceed Four Thousand Dollars ($4,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(j) To provide. for additional teachers, janitors and/or other costs of public 'education for which adequate provision has not been made in other appropriation acts, the State Board of Education may be authorized to expend all or any part of an amount not to exceed One Million Dollars ($1,000,000.00) for the fiscal year beginning July 1, 1951 and ending June 30, 1952, and not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000.00) for the fiscal year beginning on July 1, 1952 and ending June 30, 1953.

(k) 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 condition or condemnation, be authorized to 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 July 1, 1951 to June 30, 1953.

(1) To provide for the payment of lost and/or out-dated checks issued by any State Treasurer, the Auditor of Accounts may, upon submission of satisfactory proof thereof, be authorized to expend for the redemption thereof all or any part of an amount not to exceed Five Hundred Dollars ($500.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(m) To provide for the payment of special audit or audits made necessary as a result of unforeseen circumstances, and for transcripts, requisition and travel expenses, for additional equipment and for clerical and stenographic services, 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, 1951 to June 30, 1953.

(n) To provide an appropriation to procure the services of certified public accountants, the same to be appointed by the. Governor, to audit the accounts of any State Agency, Board, Commission or Department, the Governor shall submit the name or names of the certified public accountants so chosen or selected and thereupon the Permanent 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 Twenty-five Thousand Dollars ($25,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(o) To provide an appropriation for administration, operation, repairs and replacements in the event unforeseen demands require it, the Board of Trustees of Delaware State College may, upon submission of satisfactory proof of need, 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, 1951 to June 30, 1953.

Section 5. CONDITION NOT OTHERWISE PROVIDED FOR DEFINED:--It is further provided that a Condition not otherwise provided for shall exist only when an expenditure not otherwise authorized by the Budget Appropriation Act or any Supplementary Appropriation Act and for which funds have not been otherwise provided in the budget of any department or agency of this State, has become necessary to the general

welfare.

(a) To provide the National Guard with an appropriation for pay of necessary men and personnel which unforeseen circumstances may require, the Adjutant General may, upon submission of satisfactory proof of need, be authorized to 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 July 1, 1951 to June 30, 1953.

(b) To provide relief for the unemployable the State Old Age Welfare Commission may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

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 Eighty-eight Dollars ($888.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(d) To provide additional funds for Vocational Education in accordance with the State Plan for Vocational Education, meeting the requirements of Public Law 586, '79th Congress (George-Barden Law), the State Board of Vocational Education may, upon submission of satisfactory proof of emergency, expend all or any part of an amount, not to exceed Twenty-one Thousand Seven Hundred Dollars ($21,700.00) for matching purposes, in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(e) To provide for the payment of old age pensions when sums appropriated therefor have become exhausted as a result of increase of the number of recipients as of July 1, 1951, or an increase in the amount payable, the Old Age Welfare Commission may, upon satisfactory proof of need, be authorized to 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 July 1, 1951 to June 30, 1953.

(f) To provide for administration and operation, the Delaware Aeronautics Commission may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(g) To provide for installation of new water distributing system for the purpose of adequate fire protection and/or renovating and repairing electric lights for State buildings in the City of Dover, the State Custodian may, upon submission of satisfactory proof of need, expend all or any part of an amount not to exceed Twenty-three Thousand Dollars ($23,000.00) during the biennium ending June 30, 1953.

(h) To provide for the control of contagious diseases, the State Board of Agriculture may, upon submission of satisfactory proof of conditions not otherwise provided for as a result of outbreak of contagious diseases of poultry and/or livestock, 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, 1951 to June 30, 1953.

(i) To provide for an abnormal number of claims upon the Department of Livestock Sanitation, the State Board of Agriculture may, upon submission of satisfactory proof of such claims, 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 July 1, 1951 to June 30, 1953.

(j) To provide an appropriation to match Federal funds for Market Newsletter, the State Board of Agriculture may, upon submission of satisfactory proof of need, 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 July 1, 1951 to June 30, 1953.

(k) To provide for deficiency in appropriation for the payment of benefits under the "Delaware State Employees' Pension Act," the State Treasurer may, upon submission of satisfactory proof of need, expend all or any part of an amount not to exceed Twenty Thousand Dollars ($20,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(1) Upon satisfactory proof of an emergency not otherwise herein provided for, the Governor may be authorized to expend all or any part of an amount not to exceed One Hundred Thousand Dollars ($100,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(m) To match any funds made available by the Federal Government under the provision of the "Dingle Bill" for aid to Fisheries, the Game and Fish Commission 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 Thousand Eight Hundred Dollars ($8,800.00) during the biennium ending June 30, 1953.

() To provide for deficiency in appropriation for the payment of premiums on Workmen's Compensation Insurance, the governing authority of the various State agencies and institutions and/or heads of departments may, upon submission of satisfactory proof of need, 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 July 1, 1951 to June 30, 1953.

(o) To provide an appropriation to match Federal marketing research funds, the State Board of Agriculture may, upon submission of satisfactory proof of need, 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, 1951 to June 30, 1953.

(p) To provide an appropriation for administration, operation, repairs and replacements in the event unforeseen demands require it, the Game and Fish Commission may, upon submission of satisfactory proof of need, be authorized to 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 July 1, 1951 to June 30, 1953.

(q) To provide supplementary relief for hardship cases receiving assistance under the "aid to dependent children" program of the State Board of Welfare, the State Old Age Welfare Commission through its Relief Department may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed Fifteen Thousand Dollars ($15,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953; provided, that such supplementary assistance shall be given only to such persons, and in such amounts, as may be recommended by State Board of Welfare, and further provided, that no part of the sums herein appropriated for supplementary assistance shall be made available to said Commission unless the Levy Court of the County in which all or any part of such sums is to be expended shall first authorize the additional expenditure and make an appropriation therefor.

() To provide the National Guard with an additional appropriation for administration, operation and repairs and replacements in the event unforeseen demands require it, the Adjutant General may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed Sixteen Thousand Dollars ($16,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(s) To provide an appropriation to match Federal funds for aid to the permanently and totally disabled under Title XIV, Public Law 734, 81st Congress, Chapter 809, 2nd Session, the Old Age Welfare Commission may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed Sixty Thousand Dollars ($60,000.00) in each of the respective years of the biennium July 1, 1951, to June 30, 1953.

(t) To provide an appropriation for administration, operation and travel, the State Park Commission may, upon submission of satisfactory proof of need, 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 July 1, 1951 to June 30, 1953.

(u) To provide for deficiency in appropriations for any salary accounts, any State agency, department, board or commission may, upon submission of satisfactory proof of such deficiency, be authorized to expend all or any part of an amount not to exceed One Hundred Thousand Dollars ($100,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(v) To provide for the purchase and/or leasing of equipment and other supplies required for the installation of a modern accounting and statistical system for economy and increased efficiency in the office of any State Agency, Department, Board or Commission, the Budget Commission may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed One Hundred Thousand Dollars ($100,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

(w) To provide for all expenses incident to the advertising, preparation, the issuing and preparation of any bond issue, the Secretary of State may, upon submission of satisfactory proof, 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, 1951 to June 30, 1953.

(x) To provide an appropriation for administration, operation, repairs and replacements, due to unforeseen increase in patients at the State Welfare Home and the demands require it, the Old Age Welfare Commission may, upon submission of satisfactory proof of need, be authorized to 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 July 1, 1951 to June 30, 1953.

(y) To provide an appropriation for assistance to the blind, the Delaware Commission for the Blind may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed Fifteen Thousand Dollars ($15,000.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953.

() To provide an appropriation for administration, operation, repairs and replacements in the event unforeseen demands require it, the Public Service Commission may, upon submission of satisfactory proof of need, be authorized to expend all or any part of an amount not to exceed Nineteen Thousand Five Hundred Dollars ($19,500.00) for the fiscal year beginning July 1, 1951 and ending June 30, 1952 and not to exceed Eighteen Thousand Dollars ($18,000.00) for the fiscal year beginning on July 1, 1952 and ending June 30, 1953.

(aa) Upon satisfactory proof of an emergency not otherwise herein provided for, the State Board of Education may expend Fourteen Thousand Seven Hundred Sixty Dollars ($14,760.00) in each of the respective years of the biennium July 1, 1951 to June 30, 1953 to be distributed as follows:

(bb) To provide an appropriation for Capital Outlay in the amount of One Hundred Ten Thousand One Hundred Fifty Dollars ($110,150.00) for the fiscal year July 1, 1951 to June 30, 1952 and One Hundred Twenty-two Thousand Six Hundred Fifty Dollars ($122,650.00) for the fiscal year July 1, 1952 to June 30, 1953 for school districts set forth below in the respective amounts computed on the basis of Fifty Dollars ($50.00) per unit, the various schools may expend these amounts only upon submission of satisfactory proof of need and can certify the units herein provided.

Section 6. The Auditor of Accounts shall keep actual detailed accounts of the cost or expenditure of any and all portions of the said State Emergency Fund to reflect outlays approved in the manner hereinbefore provided by the Permanent Budget Commission and expended by an individual agency out of the appropriations set forth in this Act, and the Permanent Budget Commission shall submit to the next General Assembly a full and detailed statement of the nature of the emergency or emergencies for which expenditures are authorized, the cause thereof, and a copy of the account maintained therefor by the said Auditor of Accounts.

Section 7. That the Governor, Secretary of State and the 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 any budget appropriation bill authorized by this session of the General Assembly and approved by the Governor.

Section 8. This Act shall be taken and deemed to be 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 9. All Acts or parts of Acts inconsistent with this Act are hereby repealed to the extent of such inconsistency only.

Approved June 21, 1951.