Delaware § 3005 - Special Administration Fund.

§ 3005. Special Administration Fund.

(a) Creation. —

A special fund in the State Treasury, to be known as the Special Administration Fund of the Delaware Human and Civil Rights Commission and referred to as “the Fund” throughout this section, consists of:

(1) All civil penalties assessed and collected under Chapter 45 or 46 of Title 6.

(2) Costs, attorneys’ fees, and expenses awarded to the Commission under Chapter 45 or 46 of Title 6.

(3) All Community Development Block Grant moneys designated for the administration and enforcement of Chapter 46 of Title 6.

(4) All other moneys specifically designated for the Fund.

(5) All interest on or profits earned by the Fund.

(b) Administration. —

(1) All moneys collected under this section must be deposited or paid into the Fund, are continuously available to the Commission for expenditure in accordance with this section, do not lapse at any time, and may not be transferred to any other fund, except as provided in subsection (d) of this section. All moneys in the Fund must be prudently invested to the credit of the Fund, administered and disbursed in the same manner as is provided by law for other special funds in the State Treasury, and maintained in a separate ledger account on the books of the Secretary of Finance.

(2) All moneys in the Fund which are received from the federal government, or any of its agencies, or appropriated by this State for purposes described in this chapter or Chapters 45 or 46 of Title 6, may be expended solely for the proper and efficient administration of this chapter.

(3) The State Treasurer is the custodian of and liable on the State Treasurer’s official bond for the faithful performance of duties in connection with the Fund. Such liability on the official bond exists in addition to the liability on any separate bond which the State Treasurer may give. All sums recovered on any such official bond for losses sustained by the Fund must be deposited in the Fund.

(c) Use. —

The Commission may use moneys in the Fund for any of the following purposes:

(1) The payment of litigation expenses, costs, and attorneys’ fees in connection with the enforcement provisions of Chapters 45 and 46 of Title 6.

(2) The payment of the expenses of investigations conducted under Chapters 45 and 46 of Title 6, and this chapter.

(3) The payment of studies and surveys conducted under this chapter.

(d) Transfer. —

If the Commission determines that the money in the Fund is more than adequate to pay for all foreseeable needs for which this Fund is created, it may authorize the transfer money from the Fund to the General Fund in an amount the Commission deems proper.

68 Del. Laws, c. 311, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 350, §§  2, 3;  81 Del. Laws, c. 171, § 7;  83 Del. Laws, c. 305, § 15;