CHAPTER 303

FORMERLY

SENATE BILL NO. 216

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 25, TITLE 6, DELAWARE CODE, RELATING TO THE ESTABLISHMENT OF A CONSUMER PROTECTION REVOLVING FUND.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 25, Title 6, of the Delaware Code by adding a new §2527 to read as follows:

"§2527. Consumer Protection Fund

All money received by the State as a result of actions brought by the Attorney General pursuant to this Act or pursuant to the State or Federal Antitrust Laws shall be credited by the State Treasurer to a fund to be known as the 'Consumer Protection Fund'.

The Consumer Protection Fund will be a revolving fund and shall consist of: Funds transferred to the revolving fund pursuant to court order or Judgment in a consumer fraud or an antitrust action; gifts or grants made to the revolving fund; and funds awarded to the State or any agency thereof for the recovery of costs and attorney fees in a consumer fraud or an antitrust action: Provided, however, that to the extent that such costs constitute reimbursement for expenses directly paid from constitutionally dedicated funds, such recoveries shall be transferred to the constitutionally dedicated fund.

Money in the Consumer Protection Fund, shall not exceed two hundred thousand dollars (5200,000) in any fiscal year and shall be used solely for the payment of expenses incurred by the Attorney General in connection with its activities under this Act or the State or federal antitrust laws. At the end of any fiscal year if the balance in the Consumer Protection Fund excceds two hundred thousand dollars, the excess shall be withdrawn from the Consumer Protection Fund and deposited in the General Fund.

The Attorney General is authorized to expend from the Consumer Protection Fund such monies as are necessary for the payment of salaries, costs, expenses and charges incurred in the preparation, institution and maintenance of consumer fraud and antitrust actions under State or Federal Antitrust Laws.

When it is legally established that the State or agencies thereof, public bodies of the State or individuals have a right to a portion of funds in the Consumer Protection Fund, the Attorney General is authorized to approve release of such funds to the appropriate fund, entity or recipient."

The General Assembly shall make no appropriation into said Fund.

From time to time as determined by the Delaware State Clearinghouse Committee, the Attorney General shall submit a detailed report to members of the Committee of revenues, expenditures, and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the Attorney General to appear before the Committee and to answer such questions as the Committee may require."

Approved June 30. 1984.