Delaware General Assembly

CHAPTER 210

FREE SCHOOLS

AN ACT providing an Emergency Fund for rebuilding Public School Buildings and replacing School Equipment destroyed by fire or other casualty.

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

Section 1. That whenever a public school building and/or the equipment thereof is destroyed by fire or other casualty and the insurance paid therefor is insufficient for the appropriate rebuilding and replacement of such building and equipment, 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, as soon as may be, shall send to the Governor a written communication giving detailed information respecting said fire or other casualty stating, among other things, the name of the school district where the fire or other casualty occurred, a description of the building and equipment with the cost or approximate value thereof and the amount of insurance received on account of said loss.

Section 2. Upon receipt of said written communication from either the State Board of Education or the Board of Public Education in Wilmington as provided in Section 1 of this Act, the Governor is authorized and hereby is empowered to make a written demand or requisition upon the State Treasurer to set aside from the State School Fund in a special account to be known as State School Emergency Fund in the Farmers' Bank of the State of Delaware an amount which in the sole judgment and discretion of the Governor is appropriate for such rebuilding and replacement; provided, always, the Governor is satisfied that at the time he makes such written demand or requisition there is a surplus in the State School Fund available to meet the same.

Section 3. Upon receipt of such written demand or requisition of the Governor as provided in Section 2 of this Act, it shall be the duty of the State Treasurer forthwith to set aside from the State School Fund the amount requested by the Governor in his written demand or requisition, in a special account in the Farmers' Bank of the State of Delaware, to be known as State School Emergency Fund, which shall be credited with interest when and to the same extent as the said Bank credits interest on deposits of other State moneys in said Bank. And it shall be the further duty of the State Treasurer to send a written communication to the State Board of Education or to the Board of Public Education in Wilmington, whichever Board is concerned in the particular instance, advising said Board of the amount deposited in the State School Emergency Fund upon the demand or requisition of the Governor for the rebuilding or replacement of a school building and, or equipment thereof in a particular school district.

Section 4. The State Board of Education is authorized and empowered to make all contracts and to do all things necessary or appropriate for the rebuilding of school buildings and the replacement of school equipment destroyed in whole or in part by fire or other casualty in school districts outside of the City of Wilmington, provided that no rebuilding or replacement shall be made involving an expenditure of Five Hundred Dollars ($500.00) or more, unless the same shall be advertised and the contract given to the lowest and best bidder therefor, the said Board reserving the right to reject any or all bids. When funds are required for the payment of the cost of rebuilding said buildings and replacing said equipment destroyed as aforesaid, after deducting from said cost the amount of insurance received on account of said fire or other casualty the State Board of Education shall draw warrants on the State Treasurer for the moneys required signed by its President or Vice-President and attested by its Secretary and deliver the same to the State Auditor who shall thereupon deliver them to the State Treasurer and the State Treasurer shall pay the same out of said State School Emergency Fund provided said warrants shall not exceed in the aggregate the moneys available and on deposit in the State School Emergency Fund.

The State Board of Education shall keep accurate detailed accounts of the cost of each rebuilding of school buildings and replacement of school equipment made in the school districts outside of the City of Wilmington under the provisions of this Act and of all moneys expended by said Board therefor.

Section 5. The Board of Public Education in Wilmington is authorized and empowered to make all contracts and to do all things necessary or appropriate for the rebuilding of School buildings and the replacement of school equipment destroyed in whole or in part by fire or other casualty in the consolidated school district in the City of Wilmington, provided that no rebuilding or replacement shall be made involving an expenditure of Five Hundred Dollars ($500.00) or more unless the same shall be advertised and the contract given to the lowest and best bidder therefor, the said Board reserving the right to reject any or all bids. When funds are required for the payment of the cost of rebuilding said buildings and replacing said equipment destroyed as aforesaid, after deducting from said cost the amount of insurance received on account of said fire or other casualty, the Board of Public Education in Wilmington shall draw warrants on the State Treasurer for the moneys required, signed by its President or Vice-President and attested by its Secretary, and deliver the same to the State Auditor who shall thereupon deliver them to the State Treasurer and the State Treasurer shall pay the same out of said State School Emergency Fund, provided said warrants shall not exceed in the aggregate the moneys available and on deposit in the State School Emergency Fund.

The Board of Public Education in Wilmington shall keep accurate detailed accounts of the cost of each rebuilding of school buildings and replacement of school equipment made in the consolidated school district in the City of Wilmington under the provisions of this Act and of all moneys expended by said Board therefor.

Section 6. It shall be the duty of the State Board of Education and of the Board of Public Education in Wilmington to see that the rebuilding of school buildings and the replacement of school equipment destroyed in whole or in part by fire or other casualty within their respective jurisdictions under this Act are carried out with all reasonable dispatch.

Approved April 10, 1929.