CHAPTER 56

DIVERSION OF FUNDS

AN ACT TO AMEND ARTICLE 8, CHAPTER G OF THE REVISED CODE OF DELAWARE, 1935, AUTHORIZING AND DIRECTING THE STATE TREASURER TO DEPOSIT A PORTION OF THE FUNDS DERIVED FROM FRANCHISE TAX COLLECTIONS TO THE GENERAL FUND, FOR ANY APPROPRIATIONS THAT MAY HEREAFTER BE MADE TO THE UNIVERSITY OF DELAWARE, STATE COLLEGE FOR COLORED STUDENTS, STATE BOARD OF VOCATIONAL EDUCATION, FOR THE OPERATION AND MAINTENANCE OF THE STATE TAX DEPARTMENT, AND FOR THE OPERATION AND MAINTENANCE OF THE OFFICE OF SECRETARY OF STATE EXCLUSIVE OF THE OPERATION AND MAINTENANCE OF THE MOTOR VEHICLE DEPARTMENT.

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

Section 1. That Article 8, Chapter 6 of the Revised Code of Delaware, 1935, be and the same is hereby amended by inserting a new paragraph as follows:

For the fiscal year beginning July 1, 1939 and ending June 30, 1940 the sum of Five Hundred and Seventy Thousand Eight Hundred and Two Dollars and Seven Cents ($570,802.07) shall be paid by the State Tax Department out of the proceeds of the franchise tax as established by Article 8, Chapter 6 of the Revised Code of Delaware, 1935, and assessed and collected thereunder; and for the fiscal year beginning July 1, 1940 and ending June 30, 1941 a further sum of Five Hundred and Seventy Thousand Eight Hundred and Two Dollars and Seven Cents ($570,802.07) shall likewise be paid by the State Tax Department out of the proceeds of the franchise tax as established by Article 8, Chapter 6 of the Revised Code and assessed and collected thereunder to the State Treasurer. The sums so paid as aforesaid to the State Treasurer shall be deposited by him and such sums shall be utilized as follows:

DIVERSION OF FUNDS

1. For the payments of the sums as set forth and appropriated in the General Appropriation Act of the One Hundred Seventh General Assembly of the State of Delaware under item J "Education" and comprising sums appropriated for the University of Delaware, and the State College for Colored Students, and the State Board of Vocational Education, to-wit, Four Hundred and Two Thousand Nine Hundred and Ninety-Two Dollars and Seven Cents ($402,992.07) for the fiscal year beginning July 1, 1939 and ending June 30, 1940, and Four Hundred and Two Thousand Nine Hundred and Ninety-two Dollars and Seven Cents ($402,992.07) for the fiscal year beginning July 1, 1940 and ending June 30, 1941, which said sums are appropriated for such purposes.

0. There is hereby appropriated out of the funds to be so transferred for the fiscal year beginning July 1, 1939 and ending June 30, 1940 the sum of One Hundred and Eighteen Thousand Four Hundred and Ten Dollars ($118,410.00), and the further sum of One Hundred and Eighteen Thousand Four Hundred and Ten Dollars ($118,410.00) is hereby appropriated out of the funds to be so transferred for the fiscal year beginning July 1, 1940 and ending June 30, 1941 the sums so appropriated shall be paid out of the funds to be transferred in accordance with this Act, and shall be utilized for the operation and maintenance of the State Tax Department for the fiscal year set forth herein.

1. There is hereby appropriated out of the funds to be so transferred for the fiscal year beginning July 1, 1939 and ending June 30, 1940 the sum of Forty-nine Thousand Four Hundred Dollars ($49,400.00), and the further sum of Forty-nine Thousand Four Hundred Dollars ($49,400.00) is hereby appropriated out of the funds to be so transferred for the fiscal year beginning July 1, 1940 and ending June 30, 1941, the sums so appropriated shall be paid out of the funds to be transferred in accordance with this Act, and shall be utilized for the operation and maintenance of the Office of Secretary of State, exclusive of the operation and maintenance of the Motor Vehicle Department.

The provisions of this Section, and the provisions of paragraph b of 2704. Section 82 of Chapter 71 of the Revised Code of Delaware, 1935, and all other Acts, insofar as they may relate to and are in conflict with the payment of the proceeds of the franchise tax by the State Tax Department to the State Treasurer to be by him deposited as hereinbefore provided are declared to be and are hereby suspended to the extent and purport of this Act only until the State Treasurer shall have certified to the State Tax Department that the total sum of One Million One Hundred Forty-one Thousand Six Hundred and Four Dollars and Fourteen Cents ($1,141,604.14) has been deposited as hereinabove provided; and, upon such certification the said above mentioned provisions of said Acts, so as aforesaid declared to be suspended, shall again be in full force, operation and effect.

Approved April 28, 1939.