CHAPTER 234

FORMERLY

HOUSE BILL NO. 408

AS AMENDED BY HOUSE AMENDMENT NO. I

AN ACT TO AMEND CHAPTER 23, TITLE 29 OF THE DELAWARE CODE, AND CHAPTER 1, TITLE 8 OF THE DELAWARE CODE, ESTABLISHING A DIVISION OF CORPORATIONS CORPORATE REVOLVING FUND AND A FEE SCHEDULE FOR SPECIAL REQUEST SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- Thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §2311, Chapter 23, Title 29 of the Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:

"§231I. Disposition of moneys received

(a) All fees which are by law taxable by and payable to the Secretary of State, except those fees collected pursuant to Section 39100, Title 8, shall be collected by him and paid Into the State Treasury.

(b) There is hereby created within the Division of Corporations, a Special Fund to be designated as the Division of Corporations Corporate Revolving Fund which shall be used in the operation of the Division of Corporations in the performance of special requests for services and the funding of seven appropriated Special Funds positions.

(c) All fees which are by law payable to the Secretary of State pursuant to 8 Del. C. §391(h) shall be deposited in the State Treasury to the credit of said Division of Corporations Corporate Revolving Fund. No other fees or taxes collected by the Secretary of State shall be deposited in said fund.

(d) Funds in the Division of Corporations Corporate Revolving Fund shall be used by the Division of Corporations in the performance of the functions and duties involved in creating and maintaining the capability to perform services in response to special requests for the same day service and 24 hour turnaround service.

(e) The maximum unencumbered balance which shall remain in the Division of Corporations Corporate Revolving Fund at the end of any fiscal year shall be 5100,000.00, and any amount in excess thereof shall be transferred to the General Fund of the State."

Section 2. Amend §391, Chapter 3, Title 8 of the Delaware Code by adding a new §391(h) to read as follows:

"(h) In addition to those fees charged under §391(a) of this Title, there shall be collected by and paid to the Secretary of State the following:

(1) For all services described in §391(a) of this Title that are requested to be completed within the same day as the day of the request, the additional sum of up to $l00.00: and

(2) For all services described in §391(a) of this Title that are requested to be completed within a 24-hour period from the time of the request, the additional sum of up to $50.00.

The Secretary of State shall establish (and may from time to time alter or amend) a schedule of specific foes payable pursuant to paragraph (1) of this subsection."

Section 3. The Secretary of State shall not charge or collect the fees provided for in Section 2 of this Act until such time as the Division of Corporations certifies to the Budget Director and the Controller General's office that the necessary positions to ensure the performance of the special services for which fees are to be charged are in place.

Approved February 4, 1986.