CHAPTER 257

FORMERLY

SENATE BILL NO. 332

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 5, TITLE 29 AND CHAPTER 96, TITLE 9, DELAWARE CODE RELATING TO ESTABLISHMENT OF A LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND.

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

Section 1. Amend Subchapter I, Chapter 5, Title 29, Delaware Code, by redesignating §525 as §526 and inserting a new §525 to read as follows:

"§525. Local Government Records Management Improvement Fund.

(a) There is hereby established a special fund to be known as the Delaware Local Government Records Management Improvement Fund. Such fund shall consist of revenues derived from the imposition of the additional fee authorized pursuant to §9607, Chapter 96, Title 9.

(b) Use of these funds shall be restricted solely to the development and ongoing maintenance of a full-time local government records management program component within the state archives and records program. Such program shall be responsible for providing aid, advice, and assistance to all local governments of this State concerning the proper management and preservation of the public records in their custody or care, as required by other provisions of this subchapter. Funds shall be expended to support administrative and other costs associated with the provision of consultative and technical services including, but not limited to, educational programming, micrographics services, and ongoing storage and preservation of those local government records which have been transferred into the custody of the State Archives pursuant to other provisions of this subchapter.

(c) All fees received by the State Treasurer and other moneys appropriated or received for the purposes stated in subsection (b) of this section shall be deposited in an Appropriated Special Fund which shall be administered by the Department, under the same type of budget and financial controls as the General Fund of this State.

(d) Each year the Delaware Local Records Commission shall review and make recommendations on a proposed operational and expenditure plan for the Delaware Local Government Records Management Improvement Fund prior to its adoption by the Department."

Section 2. Amend §9607, Chapter 96, Title 9, Delaware Code, by striking the section title in its entirety and inserting a new section title to read as follows:

"§9607, Collection of Recording Fees; Housing Development Fund Surcharge; Local Government Records Management Improvement Fund Fee."

Section 3. Amend §9607, Chapter 96, Title 9, Delaware Code, by striking paragraph (b) in its entirety and substituting in lieu thereof a new paragraph (b) to read as follows:

"(b) The Recorder of Deeds of each county shall collect for each document or paper recorded or filed, a surcharge of $3 for the support of the Housing Development Fund, and an additional $1 fee for the support of the Local Government Records Management Improvement Fund."

Section 4. Amend §9607, Chapter 96, Title 9, Delaware Code, by adding thereto a new paragraph (d) to read as follows:

"(d) Not later than the 20th day of each month, each recorder of deeds shall remit to the State Treasurer 75% of the amount of the Local Government Records Management Improvement Fund fees collected under subsection (b) of this section. The State Treasurer shall deposit such funds into the special fund established under Subchapter I of Chapter 5 of Title 29. The 25% of the amount of the fees which are retained by the recorders of deeds shall be used by the respective county governments to cover costs associated with collection and remitting of the fee, and as funding to support records management and preservation activities within those county governments."

Section 5. This Act shall become effective 60 days after its enactment into law.

Approved June 29, 1990.