CHAPTER 119
FORMERLY
HOUSE BILL NO. 307
AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE LIMITED LIABILITY COMPANY ACT AND FEES CHARGED AND COLLECTED BY THE SECRETARY OF STATE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
WHEREAS, costs are incurred by the municipality in which the Courts of Chancery currently reside so that the aforementioned courts may provide exemplary service; and
WHEREAS, significant investments in buildings and property are made by the State of Delaware to host the Courts of Chancery in these municipalities; and
WHEREAS property owned by the State of Delaware is exempt from local property taxes, but compensation for services provided is a mechanism for municipalities to recover said costs.
NOW, THEREFORE:
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 Section 18-206, Title 6, Delaware Code, by relettering paragraph “(e)” to become paragraph “(f)” and by adding a new paragraph (e), which new paragraph (e) shall read as follows:
“(e)
The Secretary of State, acting as agent, shall collect and deposit in a separate account established exclusively for that purpose, a courthouse municipality fee with respect to each filed instrument and shall thereafter monthly remit funds from such account to the treasuries of the municipalities designated in Title 10, § 301. Said fees shall be for the purposes of defraying certain costs incurred by such municipalities in hosting the primary locations for the Delaware Courts. The fee to such municipalities shall be $20 for each instrument filed with the Secretary of State in accordance with this Section. The municipality to receive the fee shall be the municipality designated in Title 10, § 301 in the county in which the limited liability company’s registered office in this State is, or is to be, located, except that a fee shall not be charged for a document filed in accordance with Subchapter IX of this Chapter.
Section 2. Amend Section 18-1105 (a)(3), Title 6, Delaware Code, by striking the figure “$90” and substituting in lieu thereof “$70”, and by striking the figure “$100” and substituting in lieu thereof “$80”.
Section 3. This bill shall take
effect on August 1, 2003.