CHAPTER 260

FORMERLY

HOUSE SUBSTITUTE NO. 2

FOR

HOUSE BILL NO. 724

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AUTHORIZE AND APPROVE THE INCREASE OF CERTAIN NON-TAX REVENUES INCLUDING FEES, COURT FINES, ASSESSMENTS, AND PENALITIES IMPOSED BY CERTAIN STATE AGENCIES AND STATE COURTS.

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. Notwithstanding any other provision of the laws to the contrary, the General Assembly hereby approves and authorizes an increase of 15% in the amount of each fee, cost, fine, assessment, penalty or other non-tax revenue which has not been increased since 1985 and which is imposed by any state agency or state court as identified in Appendix I, attached hereto. Appendix I is expressly incorporated herein and made a part of this Act.

Section 2. As to any fee, cost, fine, assessment, penalty or other non-tax revenue identified in Appendix I, which is assessed as a percentage of a dollar amount, the rate resulting from this bill shall be rounded up to the next whole percent, rather than the fraction which may result from the increase occasioned by this bill.

Section 3. As to any fee, cost, fine, assessment, penalty or other non-tax revenue identified in Appendix I, which is assessed as a dollar amount, the dollar amount shall be rounded up to the next multiple of five (5) cents, rather than the fraction or other amount which may result from the increase occasioned by this bill.

Section 4. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Approved July 2, 1990.