29 DE Code § 2311. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 23. Secretary of State|§ 2311. Disposition of moneys received; Division of Corporations Corporate Revolving Fund; Secretary of State Special Operations Fund.

§ 2311. Disposition of moneys received; Division of Corporations Corporate Revolving Fund; Secretary of State Special Operations Fund. (a) All fees which are by law taxable by and payable to the Secretary of State, except those fees collected pursuant to §§ 9-525(d)(3), 15-1207(b), 17-1107(b), and 18-1105(b) of Title 6, § 3813(b) of Title 12, § 391(h) of Title 8 and §§ 2318 and 4307 of this title, shall be collected by the Secretary of State and paid into the State Treasury, provided however that an amount equal to 23% of all fees assessed pursuant to § 9-525 of Title 6 (excluding any fees assessed pursuant to § 9-525(d)(3) of Title 6 and any fees assessed pursuant to § 9-525(a)(2) of Title 6 in excess of $15), and an annual amount not to exceed $1 million equal to the sum of:  (1) All fees and taxes collected pursuant to Chapter 69 of Title 18 required by law to be transferred to the General Fund, and (2) Those fees collected pursuant to §§ 3813(a)(2) and 3862(1) of Title 12, shall be remitted monthly to the treasury of the City of Wilmington. To ensure implementation of this subsection, the Insurance Commissioner shall, transfer any amounts collected subsequent to June 30, 2007, pursuant to Chapter 69 of Title 18 and required by law to be transferred to the General Fund to the Secretary of State. (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 appropriated special funds positions. (c) All fees which are by law payable to the Secretary of State pursuant to §§ 9-525(d)(3), 15-1207(b), 17-1107(b), and 18-1105(b) of Title 6, § 3813(b) of Title 12 and § 391(h) of Title 8 and § 4307 of this title 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 Fiscal Year 2001 shall be $1,300,000 and any amount in excess thereof shall be transferred to the General Fund of the State. The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2002 and any subsequent fiscal year thereafter shall be $1,000,000 and any amount in excess thereof shall be transferred to the General Fund of the State. (f) There is hereby created, within the office of the Secretary of State, a special fund to be designated as the Secretary of State Special Operations Fund. Funds deposited in said Special Operations Fund shall be used to maintain and improve the capability to perform the operations, functions and duties of the Secretary of State, including but not limited to maintaining and improving the statewide communications network maintained by the Secretary of State, creating, maintaining and improving electronic files, creating, maintaining and improving the ability to provide remote access to electronic files maintained by the Secretary of State and funding appropriated positions relating to such activities. (g) All fees which are by law payable to the Secretary of State pursuant to § 2318 of this title shall be deposited in the State Treasury to the credit of said Secretary of State Special Operations Fund. No other fees or taxes collected by the Secretary of State shall be deposited in said Fund. Code 1852, §  493;  23 Del. Laws, c. 62, §§  3-4;  24 Del. Laws, c. 91;  Code 1915, §  431;  Code 1935, §  389;  29 Del. C. 1953, §  2312;  65 Del. Laws, c. 234, §  1;  66 Del. Laws, c. 303, §  137;  66 Del. Laws, c. 352, §§  15-17;  68 Del. Laws, c. 312, §§  11, 12;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 354, §  111;  72 Del. Laws, c. 395, §  131;  73 Del. Laws, c. 74, §  120;  74 Del. Laws, c. 52, §§  39, 40;  75 Del. Laws, c. 218, §  4(a);  76 Del. Laws, c. 285, §  1;  77 Del. Laws, c. 78, §§  65, 66;