Laws of the State of Delaware - Volume 57 - Part 2 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FIFTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1969
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1970
PART II
VOLUME LVII
CHARLIMI PRINTING CO.. WILMINGTON, DRLAWARR
f
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 57 - Part 2 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Charles Printing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-FIFTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 7, A. D. 1969 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A. D. 1970 PART II VOLUME LVII CHARLIMI PRINTING CO.. WILMINGTON, DRLAWARR f CHAPTER 488 AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY ADD-ING A NEW CHAPTER 22 THERETO TO CREATE A GOVERNOR-ELECT TRANSITIONAL FUND AND TO PROVIDE FOR THE USE THEREOF, AND MAKING A SUPPLEMENTARY APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 29, Delaware Code, is amended by adding a new Chapter 22 thereto to read as follows : CHAPTER 22. GOVERNOR-ELECT TRANSITIONAL FUND § 2201. Establishment of Governor-elect Transitional Fund. There is hereby established in the General Fund a fund to be known and designated as the "Governor-elect Transitional Fund." All monies in the Governor-elect Transitional Fund are perpetually appropriated and dedicated for the purposes set forth in this Chapter. § 2202. Certification of election of Governor As soon as possible after every general election at which a governor has been elected, the Commissioner of Elections shall certify to the Budget Director and the State Auditor the fact and results of such election. § 2203. Facilities to be furnished to Governor-elect The Budget Director, in cooperation with the Governor, shall, upon request of the Governor-elect, furnish the following services and facilities to the Governor-elect from moneys set aside in the Governor-elect transitional fund : Suitable office space, furniture, fixtures and equipment; Payment of salaries and expenses of staff personnel designated by the Governor-elect ; Payment of travel expenses for the Governor-elect and his staff personnel ; 1314 Chapter 488 (4) Payment of incidental office expenses, including post-age communications and supplies. § 2204. Time during which available to Governor-elect The moneys authorized for use of the Governor-elect as here-in provided shall be available from the date of certification as provided in § 2202 until the Governor-elect officially assumes the office of Governor. § 2205. When fund not to be used In the case where the Governor-elect is the incumbent Gov-ernor, there shall be no expenditures of funds for the provision of facilities to such incumbent pursuant to this Chapter. Section 2. The sum of $15,000 shall be paid by the State Treasurer out of the General Fund and out of funds not other-wise appropriated in any year in which the provisions of this Act are operative. These funds shall be considered as an automatic appropriation. Approved June 3, 1970. 1315 CHAPTER 489 AN ACT TO AMEND TITLE 16, DELAWARE CODE, SEC-TION 3137 RELATING TO FEES CHARGED BY THE BOARD OF HEALTH AND THE DIVISION OF PHYSI-CAL HEALTH OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 16, Delaware Code, Section 3137, is amended by striking the figure "$1" as it appears in subsection (a) (1) thereof and inserting in lieu thereof the figure 12.50". Section 2. Title 16, Delaware Code, Section 3137, is amended by striking subpart (2) of subsection (a) thereof and renumber-ing subparts (3) and (4) as (2) and (3) Section 3. Title 16, Delaware Code, Section 3137, is amended by striking the figure "$2" as it appears in subsection (a) (2) thereof, and inserting in lieu thereof the figures "$2.50". Section 4. Title 16, Delaware Code, Section 3137, is amended by striking the figure 12.50" as it appears in subsection (a) (3) thereof, and inserting in lieu thereof the figure 13.50". Section 5. Title 16, Delaware Code, Section 3137, is amended by striking subsection (d) thereof in its entirety. Approved June 3, 1970. 1316 CHAPTER 490 AN ACT TO AMEND TITLE 14, DELAWARE CODE, RELAT-ING TO "EDUCATION", BY PROVIDING ENCOURAGE-MENT FOR VOCATIONAL YOUTH ORGANIZATIONS. WHEREAS, vocational youth organizations have been rec-ognized by national, State, and local educational agencies as being an integral part of the total occupational-vocational program; and WHEREAS, vocational youth organizations afford the mem-bers the opportunity to be recognized in their communities for social and vocational competencies developed by participation in these constructive organizations ; and WHEREAS, vocational youth organizations help develop self-confidence and a spirit of honorable competition with local, State and National colleagues; and WHEREAS, vocational youth organizations provide an out-let for the development of leadership qualities in Delaware youth ; and WHEREAS, the increased number of Delaware youth being served has proportionately increased the cost of operating these organizations and has made it necessary to curtail leadership de-velopment and has prohibited their expanded membership partici-pation due to limited economic resources, it is now imperative that financial assistance be obtained to support leadership devel-opment activities in these organizations ; and WHEREAS, the existing vocational youth organizations have provided an outstanding record of positive, peaceful per-formance, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 14, Delaware Code, is hereby amended by adding a new Chapter thereto to read as follows : Chapter 490 1317 CHAPTER 32. VOCATIONAL YOUTH ORGANIZATIONS § 3201. Purpose It is the intent and purpose of the General Assembly of the State of Delaware, through this Act, to encourage the youth of Delaware to pursue vocational and occupational education when such pursuit is deemed in the best interest of the student and of the State of Delaware. § 3202. Administration This Chapter shall be administered by the State Board of Education, hereinafter referred to as the "Board". § 3203. Vocational Youth Organization Fund The General Assembly shall each year in the Budget Act appropriate a sum to be known as the "Vocational Youth Organi-zation Fund" for the purpose of carrying out the provisions of this Act. § 3204. Grants The Board is hereby authorized to award grants from the Vocational Youth Organization Fund to such vocational organi-zations which are an integral part of the instructional program in the following, but not limited to, occupational-vocational areas, such as : Agriculture, Business and Office Occupations, Distribu-tive Education, Home Economics, and Trade and Industrial Edu-cation. Section 2. There is hereby appropriated to the State Board of Education the sum of Five Thousand Dollars ($5,000) for the purpose contained in this Act. Section 3. This Act is a supplementary appropriation act and the fund hereby appropriated shall be paid out of the General Fund of the State. Any monies appropriated by this Act and unex-pended by Jur 30, 1971, shall revert to the General Fund. Section 4. This Act shall become effective July 1, 1970. Approved June 3, 1970. 1318 CHAPTER 491 AN ACT TO AMEND TITLE 31, DELAWARE CODE, SEC-TION 503 RELATING TO AID TO FAMILIES WITH DE-PENDENT CHILDREN. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 31, Delaware Code, Section 503 (d), is amended by striking the words "in the same home or" as they appear in the third paragraph thereof. Section 2. Title 31, Delaware Code, Section 503 (d), is amended by striking the words "in the same home or" as they appear in the first sentence of the last paragraph thereof. Approved June 3, 1970. 1319 CHAPTER 492 AN ACT TO AMEND SUBCHAPTER V, CHAPTER 17, TITLE 24, DELAWARE CODE, PROVIDING FOR IMMUNITY OF MEMBERS OF MEDICAL COUNCIL OF DELAWARE, THE BOARD OF MEDICAL EXAMINERS OF DELA-WARE, THE COUNTY MEDICAL CENSOR COMMIT-TEES, THE STATE OSTEOPATHIC CENSOR COMMIT-TEE, AND PHYSICIANS WHO ARE MEMBERS OF HOS-PITAL COMMITTES WHOSE FUNCTION IS THE RE-VIEW OF MEDICAL RECORDS AND OF PHYSICIANS' WORK WITH A VIEW TO QUALIFY OF CARE AND UTI-LIZATION OF HOSPITAL FACILITIES FROM SUIT OR LIABILITY FOR ACTION TAKEN AS MEMBERS OF SUCH ORGANZATIONS AND COMMITTEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Subchapter V, Chapter 17, Title 24, Delaware Code, is hereby amended by adding a new Section "1768" to read as follows: § 1768. Immunity of members of Medical Council of Delaware, the Board of Medical Examiners of Delaware, mem-bers of the County Medical Censor Committees, the State Osteopathic Censor Committee, and physicians who are members of hospital committees whose function is the review of medical records and of physicians' work with a view to quality of care and utilization of hospital facilities The members of the Medical Council of Delaware, the Board of Medical Examiners of Delaware, the members of the County Medical Censor Committees, the State Osteopathic Censor Com-mittee, and physicians who are members of hospital committees whose function is the review of medical records and of physi-cians' work with a view to quality of care and utilization of hos-pital facilities shall severally not be subject to, and shall be im-mune from, claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or processing, decision or determination undertaken, performed or reached in good faith 1320 Chapter 492 and without malice by any such member or members acting indi-vidually or jointly in carrying out the responsibilities and au-thority, duties, powers and privileges of the offices conferred by law upon them under the provisions of Chapter 17 (excluding only Subchapter VI) of this title, or any other provisions of the Delaware law, or duly adopted rules and regulations of the afore-mentioned committees and hospitals, good faith being presumed until proved otherwise, with malice required to be shown by a complainant. Approved June 3, 1970. CHAPTER 493 AN ACT TO AMEND TITLE 11, CHAPTER 83, DELAWARE CODE, TO AUTHORIZE THE SUPERINTENDENT OF THE STATE POLICE TO ADMINISTER A CRIME RE-DUCTION FUND. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 11, Chapter 83, Delaware Code, is amended by adding thereto a new section to be designated as Section 8308 to read as follows : § 8308. Crime Reduction Fund The Superintendent of the State Police is authorized to administer a fund to be known as the "Crime Reduction Fund". Expenses for the administration of this fund shall be paid by the State Treasurer out of funds of the General Fund not otherwise appropriated not to exceed Ten Thousand Dollars ($10,000) in any fiscal year. Approved June 3, 1970. 1321 1322 CHAPTER 494 AN ACT TO AMEND SECTION 309 AND SECTION 304 (2), TITLE 4, DELAWARE CODE, RELATING TO SCOPE OF REGULATIONS MADE BY THE DELAWARE LIQUOR COMMISSION; AMENDMENT OF THE DELAWARE LI-QUOR COMMISSION REGULATIONS BY THE GEN-ERAL ASSEMBLY; AND MORE PARTICULARLY IM-POSING RESTRICTIONS UPON THE DELAWARE LIQUOR COMMISSION AS TO REGULATION OF POOL TABLES, PINBALL MACHINES, AND SHUFFLE-BOARDS IN BUSINESS PLACES SELLING ALCOHOLIC LIQUORS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Section 309, Title 4, Delaware Code, is amended by striking the second paragraph of said section in its entirety, and inserting in lieu thereof, the following paragraph : Any regulation made by the Commission and approved and published as provided by this chapter may be repealed or amended either by another regulation of the Commission, approved and published as so provided, or by an Act of the General Assembly of the State of Delaware. Section 2. Section 304, (2), Title 4, Delaware Code, is amended by inserting the following sentence at the end of said subparagraph (2) : However, such rules and regulations as established by the Commissioner shall not control or regulate any recreational equipment located on the business premises of any business sell-ing alcoholic beverages, which said recreational equipment shall include, but not be limited to, pool tables, pinball machines, and shuffleboards. Approved June 3, 1970. CHAPTER 495 AN ACT TO AMEND SECTION 2710, TITLE 21, DELAWARE CODE, RELATING TO THE APPLICATION BY A MINOR FOR A DRIVER'S LICENSE AND TO AMEND SECTION 6105, TITLE 21, DELAWARE CODE, RELATING TO THE LIABILITY OF PARENT, GUARDIAN OR EMPLOYER FOR THE NEGLIGENCE OF A MINOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend § 2710, Title 21, Delaware Code, by strik-ing the paragraph numbered (1) and (2) of said sections in their entireties and inserting in lieu thereof the following: Father and mother of the minor if both parents are liv-ing together within this State, and the minor resides with both parents. Father of the minor, if the father is living within this State, and the minor resides with the father only; or Mother of the minor, if the father is not living within this State, and the mother is living within this State, and the minor resides with the mother. Section 2. Amend Section 2710, Title 21, Delaware Code, by adding the following paragraph at the end of said section : The Department shall not require as a prerequisite to the is-suance of a license to a minor under this section, that such father, mother, guardian or employer be present at the time such applica-tion is made by such minor or sign such application at the offices of the Motor Vehicle Department. The signing of said application and acknowledgment thereof by said father, mother, guardian or employer before a Notary Public or other person authorized to administer oaths shall be deemed sufficient to satisfy the require-ments of this section. Section 3. Amend § 6105, Title 21, Delaware Code, by strik-ing subsection (a) thereof and inserting in lieu thereof the fol-lowing: 1323 1324 Chapter 495 (a) Any negligence of a minor, under the age of 18 years licensed upon application signed as provided in Section 2710 of this title, when driving any motor vehicle upon a highway, shall be imputed to the person or persons who have signed the applica-tion of such minor for the license. Such person or persons shall be jointly and severally liable with such minor, for any damages caused by such negligence. Approved June 3, 1970. CHAPTER 496 AN ACT TO AMEND TITLE 30, DELAWARE CODE, RELAT-ING TO COMMODITY TAXES BY ADDING A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 52, RE-LATING TO A FUEL PURCHASE LAW UPON CERTAIN MOTOR CARRIERS, PROVIDING FOR THE COLLEC-TION AND ADMINISTRATION THEREOF, ESTABLISH-ING PENALTIES, AND MAKING AN APPROPRIATION TO THE STATE HIGHWAY DEPARTMENT. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 30, Delaware Code, is amended by adding thereto a new Chapter designated as Chapter 52 to read as follows : CHAPTER 52. MOTOR CARRIERS FUEL PURCHASE LAW § 5201. Short Title This Act shall be known and may be cited as the "Motor Carriers Fuel Purchase Law". § 5202. Definitions As used in this Act (a) "Motor Fuel" means (1) any liquid or gaseous sub-stance commonly or commercially known or sold as gasoline regardless of its classification or use ; (2) any liquid or gaseous substance used, offered for sale or sold for use, either alone or when mixed, blended, or compounded, for the purpose of generat-ing power for the propulsion of motor vehicles upon the public highways ; and shall include : all grades of motor gasoline, natural gasoline, marine gasoline, aviation gasoline, motor fuel blending napthas, motor grade benzol and motor grade toluol ; and any liquid prepared, advertised, offered for sale or sold for use as or commonly and commercially used as a fuel in 1325 1326 Chapter 496 internal combustion engines, which when subjected to distillation in accordance with latest revised standard method of test for dis-tillation of gasoline, naptha kerosene, and similar petroleum products (American Society for testing materials Method D-86) shows not less than 10 per centum distilled (recovered) below 347 degrees Fahrenheit and not less than 95 per centum distilled (recovered) below 464 degrees Fahrenheit; and (iii) all combustible gases which exist in a gaseous state at 60 degrees Fahrenheit and at 14.7 pounds per square inch abso-lute pressure, industrial napthas and solvents, aromatic distillates, diesel fuel, additives, and all other products not included within the foregoing provisions of this subsection. "Motor Carrier" means every person who operates or causes to be operated any motor vehicle on any highway in this State. "Motor Vehicle" means a passenger vehicle that has seats for more than nine passengers in addition to the driver, or any road tractor, or any truck tractor, or any truck having more than two axles and which is propelled by motor fuel. "Operations" means operations of all such motor ve-hicles whether loaded or empty, whether for compensation or not for compensation and whether owned by or leased to the motor carrier who operates them or causes them to be operated. "Highway" means the Delaware Turnpike and every way or place, of whatever nature, open to the use of the public as a matter of right, for the purposes of vehicular travel, The term "highway" shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, uni-versities or other public institutions. "Controller" means the Controller of the State High-way Department of the State of Delaware. § 5203. Rate of Tax Every motor carrier shall pay a road tax equivalent to the the rate per gallon of the Delaware liquid fuels tax which is cur-rently in effect, calculated on the amount of motor fuel used in its operations on highways within this State. Chapter 496 1327 § 5204. Credit for motor fuel tax payment Every motor carrier subject to the tax hereby imposed, shall be entitled to a credit on such tax equivalent to the rate per gallon of the Delaware Tax which is currently in effect, on all gasoline or other motor fuel purchased by such carrier within this State for use in its operation either within or without this State and upon which gasoline or other motor fuel the tax im-posed by the laws of this State has been paid by such carrier. Evi-dence of the payment of such tax in such form as may be required by, or is satisfactory to, the Controller, shall be furnished by each such carrier claiming the credit herein allowed. When the amount of the credit herein provided to which any motor carrier is entit-led for any quarter exceeds the amount of the tax for which such carrier is liable for the same quarter, such excess shall, upon application and under regulations of the Controller, be allowed as a credit on the tax for which such carrier would be otherwise liable for any of the six succeeding quarters ; or upon application with the Controller within one year from the end of any quarter, duly verified and presented, in accordance with regulations promulgated by the Controller, and supported by such evidence as may be satisfactory to the Controller, such excess shall be refund-ed if it shall appear that the applicant has paid to another state under a lawful requirement of such state a tax, similar in effect to the tax herein provided, on the use or consumption in said state of gasoline or other motor fuel purchased in Delaware, to the extent of such payment to said other state, but in no case to exceed the rate per gallon of the Delaware fuel tax which is cur-rently in effect. The Controller shall not allow such refund except after an audit by the Controller of the applicant's records and the Con-troller shall audit the records of an applicant at least once a year. If the Controller shall refuse to allow a refund in the amount claimed by the applicant, the applicant may request a formal hearing on the application for a refund. Such hearing shall be held by the Controller after written notice to the applicant of not less than ten days. Whenever any refund is ordered it shall be paid out of the General Fund. So much of the moneys received as payment of the tax, interest and penalties under this Act, as shall be necessary for the payment of the refunds provided for in this Act, is hereby appropriated for payment of such refunds. 1328 Chapter 496 No tax, interest, penalty, or fee received or derived from any other tax imposed by the laws of this State shall be used to pay any refund or credit due and payable under the provisions of this Act. § 5205. Tax due date The tax hereby imposed shall be paid by each motor carrier quarterly to the Controller on or before the last day of April, July, October and January of each year and calculated upon the amount of motor fuel used in its operations on highways within this State by each such carrier during the quarter ending with the last day of the preceding month. § 5206. Tax revenue to General Fund All taxes, fees, penalties and interest paid under the provi-sions of this Act, shall be credited to and are hereby appropriated to the General Fund of the State of Delaware. § 5207. Calculation of amount of fuel used in State The amount of gasoline or other motor fuel used in the opera-tion of any motor carrier on highways within this State, shall be such proportion of the total amount of such gasoline or other motor fuel used in its entire operations within and without this State, as the total number of miles traveled on highways within this State bears to the total number of miles traveled within and without this State. § 5208. Report requirements Every motor carrier subject to the tax imposed by this Act, shall on or before the last day of April, July, October and Janu-ary of every year make to the Controller such reports of its opera-tions during the quarter ending the last day of the preceding month as the Controller may require and such other reports from time to time as the Controller may deem necessary. The Con-troller by regulation may exempt from the quarterly reporting requirements of this section those motor carriers operating solely within the State of Delaware, and require in such instance an annual affidavit, if in his discretion the enforcement of this Act would not be adversely affected by such a regulation. The Con- Chapter 496 1329 troller is further authorized by regulation to exempt from the quarterly reporting requirements of this section, and require in such instances an annual affidavit of motor carriers licensed in this State who perform substantially all of their travel in this State provided the Controller is assured that a sufficient amount of fuel is purchased in this State which is commensurate with the motor carrier's operations on highways within this State. § 5209. Average consumption In the absence of adequate records or other evidence satis-factory to the Controller, showing the number of miles operated by a motor carrier's motor vehicles per gallon of motor fuel, any such motor vehicle shall be deemed to have consumed one gallon of motor fuel for each five miles operated. § 5210. Records Every motor carrier shall keep such records, in such form as the Controller reasonably may prescribe, as will enable the car-rier to report and enable the Controller to determine the total number of over-the-road miles traveled by its entire fleet of motor vehicles, the total number of over-the-road miles traveled in Dela-ware by said entire fleet, the total number of gallons of motor fuel used by said entire fleet and the total number of gallons of motor fuel purchased in Delaware for said entire fleet. As used in this section and in § 5207, "entire fleet" and "entire opera-tions" shall mean those motor vehicles which use the highways of Delaware at any time during the period covered by the quarterly report and the operations of such vehicles respectively. All such records shall be safely preserved for a period of three years in such manner as to insure their security and availability for inspection by the Controller or any authorized employee engaged in the ad-ministration of this Act. Upon application in writing, stating the reasons therefor, the Controller may, in his discretion, consent to the destruction of any such records at any time within said period if such records pertain to a period which has been audited by the Controller. § 5211. Vehicle marker; fee (a) The Controller shall provide an identification marker and registration card to every motor vehicle operated within the State of Delaware by the motor carrier. The identification mark- 1330 Chapter 496 er must be affixed to the vehicle in an easily visible position and the registration card carried in the cab of the vehicle. The identi-fication marker and registration card shall remain the property of the State of Delaware and may be recalled for any violation of the provisions of this Act, or of the regulations promulgated thereunder. The Controller shall provide by regulation for the registration of every such vehicle, for a fee of one dollar ($1.00) each. Registration cards and identification markers shall be issued on a twelve month basis effective April 1 of each year and shall be valid through the next succeeding March 31, except that any such registration cards and identification markers issued prior to April 15, 1970, shall be valid through March 31, 1971. The enforcement of this subsection shall not become effective until April 15 of each year providing the motor carrier has the previous year's identification card in the cab of his vehicles be-fore entry into the State of Delaware. It shall be illegal to operate or to cause to be operated in this State any motor vehicle defined in § 5202 hereinabove, unless the vehicle bears the identification marker required by this section; provided, however, the Con-troller by regulation may exempt from the requirement for dis-playing the said identification marker such vehicles as urban and public transit vehicles or others if in his discretion they are clear-ly identifiable and the effective enforcement of this Act will not suffer thereby. In addition and for a period not exceeding twenty-five days as to any one motor carrier the Controller by letter or telegram may authorize the operation of a vehicle or vehicles without the identification marker required when the enforce-ment of this section for that period would cause undue delay and hardship in the operation of the said vehicle or vehicles. The fee for this authorization shall be five dollars ($5.00) for each motor vehicle and conditions for the issuance of such authorization shall be set for by regulations promulgated by the Controller. (b) Any motor carrier, the -motor vehicles of which make entries into this State totaling not more than four during a cal-endar year may apply to the Controller for a flat fee permit, which application shall be accompanied by a fee of five dollars ($5.00) . Such permit shall be subject to such regulations as may be prom-ulgated by the Controller, and shall be deemed to relieve the motor carrier of the marker, registration, report, record and tax payment requirements of this Act, for the calendar year specified in such permit. Chapter 496 1331 § 5212. Imposition of tax The taxes imposed on motor carriers by this Act, are in addi-tion to any taxes of whatever character imposed on such carriers by any other provision of law. § 5213. Enforcement The Delaware State Police is hereby authorized and directed to assist in the enforcement of the provisions of this subtitle. § 5214. Filing of bond; refund provisions The Director may require a motor carrier to provide a surety company bond, which at no time shall exceed the amount of ten thousand dollars ($10,000.00) payable to the State of Dela-ware, and conditioned that the carrier will pay all taxes due and to become due under this Act from the date of the bond to the date when either the carrier or the bonding company notifies the Con-troller that the bond has been cancelled. The surety shall be a corporation authorized to write surety bonds in Delaware. So long as the bond remains in force the Controller may order re-funds to the motor carrier in the amounts appearing to be due on applications duly filed by the motor carrier under § 5204, without first auditing the records of the carrier including the penalties and interest provided in § 5218, even though the assessment is made after cancellation of the bond, but only for taxes due and payable while the bond was in force and penalties and interest on said taxes. § 5215. False statements; penalties Any person who wilfully and knowingly makes, publishes, delivers or utters a false statement orally, or in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining or attempting to obtain, or to assist any other person to obtain or attempt to obtain a credit or refund or reduction of liability for taxes under this Act, shall be guilty of a misde-meanor and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500.00) , or undergo imprisonment for a term not exceeding one year, or both. 1332 Chapter 496 § 5216. Departure or removal of property from State or discon-tinuing business; arbitrary assessment If the Controller ascertains that a person designs quickly to depart from this State, or to remove therefrom his property, or any property used by him in operations subject to this Act, or to discontinue business, or to do any other act tending to prejudice or render wholly or partially ineffectual proceedings to assess or collect such tax, whereby it becomes important that such proceed-ings be brought without delay, the Controller may immediately make an arbitrary assessment of the amount of tax due, whether or not any report is then due by law, and may proceed under such arbitrary assessment to collect the tax, or compel security for the same, and thereafter shall cause notice of such finding to be given to such motor carrier, together with a demand for an immediate report and immediate payment of such tax. § 5217. Failure to report or pay tax; penalty; interest When any motor carrier fails to file a report within the time prescribed by this Act for the filing thereof, he shall pay as a penalty for each day thereafter, Saturdays, Sundays, and other legal holidays excluded, until the report is filed, the sum of five dollars ($5.00). In addition to the penalty herein imposed, any unpaid tax shall bear interest at the rate of one per cent per month or fraction thereof until the same is paid. The penalties and interest charges herein imposed shall be paid to the Con-troller in addition to the tax due. The Controller, if satisfied that the failure to file the report or pay the tax was excusable, may remit or waive the payment of the whole or part of any penalty and such portion of the interest charge as is in excess of six per cent per annum. § 5218. Time for payment of taxes, penalties and interest; addi-tional penalty All taxes, penalties and interest assessed pursuant to the provisions of this Act, unless earlier payment is provided in this Act, shall be paid within fifteen days after notice and demand shall have been mailed to the carrier by the Controller. If such taxes, penalties and interest so assessed pursuant to §5216, 5217 and 5218 shall not be paid within the said fifteen days, there Chapter 496 1338 shall be added to the amount of assessment, in addition to interest as already provided and any other penalties provided by law, a sum equivalent to five per cent of the tax. § 5219. Manner of payment and recovery of penalties and in-terest; debt of motor carrier; lien; preference All penalties and interest when imposed under this Act, shall be payable to and recoverable by the Controller in the same manner as if they were part of the tax imposed. The taxes, fees, interest and penalties imposed under this Act, from the time the same shall be due, shall be a debt of a motor carrier who does not maintain premises for the transaction of business within Delaware, recoverable in the Superior Court of the State of Delaware in an action in the name of the State. Such debt, whether used upon or not, shall be a lien on all the property of the debtor except as against an innocent purchaser for value without notice thereof, and shall have priority both in lien and distribution of the assets of the motor carrier, whether in bankruptcy, insolvency or otherwise. The proceeds of any judgment or order obtained hereunder shall be paid to the Con-troller. The service of all papers in the action shall be upon the Controller of the State, with a copy mailed, by certified mail, to the last known address of the defendant. Any tax determined to be due from any person who maintains premises for the conduct of business in Delaware and remaining unpaid after demand for the same, and all penalties and interest thereon, shall be a lien in favor of the State upon the property, both real and personal, of such person but only after said lien has been entered and docketed of record by the Prothon-otary of the county where such property is situated. The Con-troller may at any time transmit to the Prothonotaries of the re-spective counties certified copies of all liens for such taxes, pen-alties and interest, and it shall be the duty of each Prothonotary receiving the lien to enter and docket the same of record in his office, which lien shall be indexed as judgments are now indexed. A writ of execution may directly issue upon such lien, without the issuance and prosecution to judgment of a writ of seire facias : Provided, that no less than ten days before issuance of any execution on the lien, notice of the filing and the effect of 1334 Chapter 496 the lien shall be sent by registered mail to the taxpayer at his last known post office address. No Prothonotary shall require as a condition precedent to the entry of such liens, the payment of any costs incident thereto. The lien imposed hereunder, shall have priority from the date of its recording as aforesaid, and shall be fully paid and satisfied out of the proceeds of any judicial sale of property sub-ject thereto, before any other obligation, judgment, claim, lien or estate to which said property may subsequently become subject, except costs of the sale and of the writ upon which the sale was made, and real estate taxes and municipal claims against such property, but shall be subordinate to mortgages and other liens existing and duly recorded or entered of record prior to the re-cording of the tax lien. In the case of a judicial sale of property subject to a lien imposed hereunder upon a lien or claim over which the lien imposed hereunder has priority, as aforesaid, such sale shall discharge the lien imposed hereunder to the extent only that the proceeds are applied to its payment, and such lien shall continue in full force and effect as to the balance remaining un-paid. The lien imposed hereunder shall continue for five years from the date of its entry of record, and may be renewed and con-tinued in the manner now or hereafter provided for the renewal of judgments. § 5220. Failure to pay tax; determination; redetermination; review If any person shall fail to pay any tax imposed by this Act for which he is liable, the Controller is hereby authorized and empowered to make a determination of additional tax and interest due by such person based upon any information within its possession or that shall come into its possession. All of such determinations shall be made so that notice thereof shall reach the parties against whom made within three years after the due date of the tax. Promptly after the date of such determination, the Con-troller shall send, by certified mail, a copy thereof to the person against whom it was made. Within ninety days after the date upon which the copy of any such determination was mailed, such Chapter 496 1335 person may file with the Controller a petition for redetermina-tion of such taxes. Every petition for redetermination shall state specifically the reasons which the petitioner believes entitles him to such redetermination, and shall be supported by affirmation that it is not made for the purpose of delay and that the facts set forth therein are true. It shall be the duty of the Controller within six months after the date of any determination to dispose of any petition for redetermination. Notice of the action taken upon any petition for redetermination shall be given to the peti-tioner promptly after the date of redetermination by the Con-troller. (c) Any person shall have the right to review by the Con-troller and appeal to the Superior Court of the State of Delaware. § 5221. Penalties Any person wilfully violating the provisions of this Act, not covered by any other penalty provision contained in this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500.00) , or undergo imprisonment for a term not exceeding one year, or both. If the person convicted is a corporation, any imprisonment imposed shall be served by the responsible corpor-ate officer. § 5222. Availability of records of other agencies The records of any other State agency, board or commission to the extent that the same may be pertinent to the administra-tion and enforcement of this Act, and the determination of liabil-ity thereunder, shall be available to the Controller. § 5221 Regulations; promulgation by Controller The Director shall, from time to time, promulgate such regu-lations as may be necessary for the effective enforcement of this Act. § 5224. Exempt vehicles; carriers Nothing in this Act shall apply to any vehicle operated by or on behalf of any department, board, bureau or commission of this State, or any political subdivision thereof, or any quasi- 1336 Chapter 496 governmental authority of which this State is a participating member, or any agency of the Federal government or the Dis-trict of Columbia, or of any state or any political subdivision thereof which grants similar exemption to publicly owned vehic-les registered in this State. Nor shall the provisions of this Act apply to any school bus operated by, for, or on behalf of this State, any political subdivision thereof, or any private or pri-vately operated school. § 5225. Exemption; reciprocal agreements The Provisions of this Act shall not apply to motor vehicles bearing the registration plates of any other state which does not impose a tax, license or fee upon motor vehicles bearing valid registration plates of this State. The Controller is authorized to make reciprocal agreements with the proper officials of any other state imposing any such tax, license or fee, providing for the reduction or relief from the tax imposed by this Act, upon motor vehicles bearing valid registration plates of such other state, in exchange for the reduction or relief from the tax, license or fee imposed by such other state upon motor vehicles bearing valid registration plates of this State. Nothing in this section (5225) shall be construed to exempt any vehicle having more than two axles and which is propelled by motor fuel and operated or intended to be operated upon the highways of the State of Delaware from section 5211 as this section pertains to a vehicle marker and fee. Section 2. The provisions of this Act shall not apply to any motor carrier owning or operating not more than one motor vehicle for its own use and not for hire. Section 3. This Act shall take effect July 1, 1970. Approved June 3, 1970. CHAPTER 497 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE STATE HIGHWAY DEPARTMENT FOR AD-MINISTRATION OF THE MOTOR CARRIER FUEL PUR-CHASE LAW. Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of $28,918 is appropriated to the State Highway Department for use in the administration of the Motor Carrier Fuel Purchase Law, to be expended as follows : J.337 Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not other-wise appropriated. --1 Salary of the Administrator $11,520 Salary of one auditor 7,740 Salary of one clerk stenographer 4,308 Total Salaries $23,568 $23,568 Travel $ 2,000 Supplies 4,750 Contractual services 3,000 Total $ 9,750 9,750 Initial cost of one motor vehicle $ 2,000 Furniture 600 Office machines 1,000 Office supplies 1,000 Total $ 4,600 4,600 TOTAL-- $37,918 Less salary of present Director 9,000 GRAND TOTAL-- $28,918 1338 Chapter 497 Section 3. Any money appropriated herein and unexpended shall revert to the General Fund of the State of Delaware on June 30, 1971. Approved June 3, 1970. CHAPTER 498 AN ACT TO AMEND TITLE 25, CHAPTER 27, DELAWARE CODE, RELATING TO MECHANICS' LIENS AGAINST AN OWNER WHO PAYS THE CONTRACTOR FOR AL-TERATIONS OR REPAIRS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 25, Chapter 27, Delaware Code, by adding a new section 2707 to read as follows : § 2707. Payment of contractor by owner of land for alterations or repairs to said owner's residence as a defense No lien shall be obtained under the provisions of this chapter upon the land and/or structure of any owner which is used solely as a residence of said owner, when the owner has made full pay-ment to the contractor, in good faith, with whom he contracted for the alteration or repair thereof; provided, however, that if the said owner has not made full payment, in good faith, to such contractor, the lien may be obtained in accordance with the pro-visions of this chapter, but it shall be a lien only to the extent of the balance of the payment due such contractor, which balance shall be payable prorata among the claimants who perfect liens. Payments made to the contractor by the owner after service of process as provided in Section 2715 of this chapter shall not be deemed to be "in good faith". Approved June 3, 1970. 1339 1340 CHAPTER 499 AN ACT TO AMEND TITLE 6, DELAWARE CODE, RELAT-ING TO DAMAGES AWARDED TO VICTIMS OF DE-CEPTIVE TRADE PRACTICES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2533 (c), Title 6, Delaware Code, is amended by adding thereto a new sentence to read as follows : If damages are awarded to the aggrieved party under the common law or other statutes of this State, such damages award-ed shall be treble the amount of the actual damages proved. Approved June 3, 1970. 1341 CHAPTER 500 AN ACT TO AMEND CHAPTER 87, TITLE 3, DELAWARE CODE, RELATING TO MEAT AND POULTRY PROD-UCTS INSPECTION. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 87, Title 3, Delaware Code, is repealed and a new Chapter 87, Title 3, Delaware Code, is substituted therefor as follows : CHAPTER 87 MEAT AND POULTRY PRODUCTS INSPECTION § 8701. Short title This Chapter may be cited as the "Meat and Poultry Prod-ucts Inspection Act". § 8702. Enforcing Agency This Chapter shall be administered by the State Department of Agriculture herein-after referred to as the "Department". § 8703. Definitions of words and terms When used in this Chapter : The term "Secretary" means the Secretary of Agricul-ture or his delegate. The term "person" includes any individual, partnership, corporation, association, or other business unit, and any officer, agent or employee thereof. The term "broker" means any person engaged in the business of buying or selling livestock products or poultry prod-ucts on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person. 1342 Chapter 500 The term "renderer" means any person engaged in the business of rendering livestock or poultry carcasses, or parts or products of such carcasses, except rendering conducted under inspection or exemption under this Chapter. The term "animal food manufacturer" means any per-son engaged in the business of preparing animal (including poul-try) food derived wholly or in part from livestock or poultry car-casses or parts or products of such carcasses. The term "intrastate commerce" means commerce with-in this State. The term "livestock" means any cattle, sheep, swine, goats, horses, mules or other equines, whether live or dead. The term "livestock product" means any carcass, part thereof, meat, or meat food product of any livestock. The term "meat food product" means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small propor-tion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as he may prescribe to assure that the meat or other portions of such carcass contained in such product are not adul-terated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, and goats. The term "poultry" means any domesticated bird, whether live or dead. The term "poultry product" means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small pro-portion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such Chapter 500 1343 conditions as he may prescribe to assure that the poultry ingredi-ents in such products are not adultered and that such products are not represented as poultry products. (1) The term "capable of use as human food" shall apply to any livestock or poultry carcass, or part or product of any such carcass, unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans. The term "prepared" means slaughtered, canned, salt-ed, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. The term "adultered" shall apply to any livestock prod-uct or poultry product under one or more of the following circum-stances: If it bears or contains any poisonous or deleterious sub-stance which may render it injurious to health ; but in case the substance is not an added substance, such article shall not be con-sidered adultered under this clause if the quantity of such sub-stance in or on such article does not ordinarily render it injurious to health ; (a) If it bears or contains (by reason of administra-tion of any substance to the livestock or poultry or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural com-modity; (ii) a food additive ; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food ; if it is, in whole or in part, a raw agricultural com-modity and such commodity bears or contains a pesticide chemi-cal which is unsafe within the meaning of Section 408 of the Fed-eral Food, Drug, and Cosmetic Act ; if it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; if it bears or contains any color additive which is un-safe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act : Provided, that an article which is not 1344 Chapter 500 otherwise deemed adultered under clause (b), (c), or (d) shall nevertheless be deemed adulterated if use of the pesticide chemi-cal, food additive, or color additive in or on such article is pro-hibited by regulations of the Secretary in official establishments ; if it consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, un-healthful, unwholesome, or otherwise unfit for human food ; if it has been prepared, packed, or held under insani-tary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health ; if it is, in whole or in part, the product of an animal (including poultry) which has died otherwise than by slaughter ; if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the con-tents injurious to health; if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug, and Cosmetic Act; if any valuable constituent has been in whole or in part omitted or abstracted therefrom ; or if any substance has been substituted, wholly or in part therefor ; or if damage or inferior-ity has been concealed in any manner ; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or if it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance. (o) The term "misbranded" shall apply to any livestock product or poultry product under one or more of the following circumstances : if its labeling is false or misleading in any particular ; if it is offered for sale under the name of another food ; Chapter 500 1345 if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imita-tion" and immediately thereafter, the name of the food imitated ; if its container is so made, formed, or filled as to be mis-leading; unless it bears a label showing (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count; provided, That under this subparagraph (5), exemptions as to livestock products not in containers may be established by regulations prescribed by the Secretary and provided, further, that under clause (b) of this subparagraph (5) , reasonable variations may be permitted, and exemptions as to small packages may be established for live-stock products or poultry products by regulations prescribed by the Secretary; if any word, statement, or other information required by or under authority of this Chapter to appear on the label or other labeling is not prominently placed thereon with such con-spicuousness (as compared with other words, statements, de-signs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use ; if it purports to be or is represented as a food for which a definition and standard of identity of composition has been pre-scribed by the regulations of the Secretary under Section 8706 of this Chapter unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food ; if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under Section 8706 of this Chap-ter, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard ; 1346 Chapter 500 if it is not subject to the provisions of subparagraph (7) , unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such in-gredient; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each : Provided, That, to the extent that compliance with the requirements of clause (B) of this sub-paragraph (9) is impracticable, or results in deception or un-fair competition, exemptions shall be established by regulations promulgated by the Secretary; if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vita-min, mineral, and other dietary properties as the Secretary after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations prescribes as, nec-essary in order fully to inform purchases as to its value for such uses ; if it bears or contains any artificial flavoring, artifi-cial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, That to the extent that compliance with the requirements of this subparagraph (11) is impractic-able, exemptions shall be established by regulations promulgated by the Secretary ; or if it fails to bear, directly thereon and on its con-tainers, as the Secretary may by regulations prescribe, the offi-cial inspection legend and established number of the establish-ment where the product was prepared and, unrestricted by any of the foregoing, such other information as the Secretary may re-quire in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a whole-some condition. The term "label" includes display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article. The term "labeling" includes all labels and other written printed, or graphic matter (1) upon any article or any of its con-tainers or wrappers, or (2) accompanying such article. Chapter 500 1347 The term "container" or "package" includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. The term "shipping container" include any container used or intended for use in packaging the product packed in an immediate container. The term "immediate container" includes any consumer package; or any other container in which livestock products or poultry products, not consumer package, are packed. The term "Federal Meat Inspection Act" means the Act so entitled approved March 4, 1907 (34 stat. 1960), as amended by the Wholesome Meat Act (81 Stat. 584) ; the term "Federal Poultry Products Inspection Act" means the Act so entitled ap-proved August 28, 1957 (71 Stat. 441) , as amended by the Whole-some Poultry Products Act (82 Stat. 791) ; and the term "Fed-eral Acts" mean these two Federal laws. The term "Federal Food, Drug, and Cosmetic Act" means the Act so entitled, approved June 25, 1938 (52 Stat. 1040) , and Acts amendatory thereof or supplementary thereto. The term "pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same meanings for purposes of this Act as under the Federal Food, Drug, and Cosmetic Act. The term "official mark" means the official inspection legend or any other symbol prescribed by regulations of the Sec-retary to identify the status of any article or livestock or poultry under this Chapter. The term "official inspection legend" means any sym-bol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this Chapter. The term "official certificate" means any certificate prescribed by regulations of the Secretary for issuance by an in-spector or other person performing official functions under this Chapter. (aa) The term "official device" means any device prescribed or authorized by the Secretary for use in applying any official mark. 1348 Chapter 500 (bb) The term "official establishment" means any establish-ment as determined by the Secretary at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this Chapter. (cc) The term "inspector" means an employee or official of the Department authorized by the Secretary or any employee or official of the government of any county or other governmental subdivision of this State, authorized by the Secretary to perform any inspection functions under this Chapter under an agreement between the Secretary and such governmental subdivision. (dd) The term "reinspection" includes inspection of the preparation of livestock products and poultry products, as well as re-examination of articles previously inspected. § 8704. Purpose It is the objective of this Chapter to provide for meat and poultry products inspection programs that will impose and en-force requirements with respect to intrastate operations and com-merce that are at least equal to those imposed and enforced under the Federal Meat Inspection Act and the Federal Poultry Prod-ucts Inspection Act with respect to operations and transactions in interstate commerce; and the Secretary is directed to admin-ister this Chapter so as to accomplish this purpose. The Depart-ment is designated as the appropriate State agency to cooperate with the Secretary of Agriculture of the United States in admin-istration of this Chapter. § 8705. Powers of Secretary In order to accomplish the objective stated in Section 8704, the Secretary shall : (a) by regulations require ante mortem and post mortem in-spections quarantine, segregation and reinspection with respect to the slaughter of livestock and poultry and the preparation of livestock products and poultry products at all establishments in this State, except those exempted by him under Section 8706 (m) of this Chapter, at which livestock or poultry are slaughtered or livestock products or poultry products are prepared for human food solely for distribution in intrastate commerce; Chapter 500 1349 by regulations require the identification of livestock and poultry for inspection purposes and the marking and labeling of livestock products or poultry products or their containers, or both, as "Delaware Inspected and Passed" if the products are found upon inspection to be not adultered and as "Delaware In-spected and Condemned" if they are found upon inspection to be adulterated, and the destruction for food purposes of all such con-demned products under the supervision of an inspector; prohibit the entry into official establishments of live-stock products and poultry products not prepared under Federal inspection or inspection pursuant to this Chapter and further limit the entry of such articles and other materials into such es-tablishments under such conditions as he deems necessary to ef-fectuate the purposes of this Chapter ; by regulations require that when livestock products and poultry products leave official establishments they shall bear directly thereon or on their containers, or both, as he may require, all information required under Section 8703 (o) of this Chapter, and require approval of all labeling and containers to be used for such products when sold or transported in intrastate commerce to assure that they comply with the requirements of this Chapter ; investigate the sanitary conditions of each establish-ment within Section 8705 (a) of this Chapter and withdraw or otherwise refuse to provide inspection service at any such estab-lishment where the sanitary conditions are such as to render adultered any livestock products or poultry products prepared or handled thereat ; prescribe relating to sanitation for all establishments required to have inspection under Section 8705 (a) by regulations require that the following classes of per-sons shall keep such records and for such periods as are specified in the regulations to fully and correctly disclose all transactions involved in their business, and afford to the Secretary and his representatives (including representatives of other governmental agencies designated by him) access to such places of business, and opportunity, at all reasonable times, to examine the facilities, inventory and records thereof, to copy the records, and to take reasonable samples of the inventory upon payment of the fair market value therefor ; any persons that engage in or for intra- 1350 Chapter 500 state commerce (1) in the business of slaughtering any livestock or poultry, or preparing, freezing, packaging or labeling, buying or selling (as brokers, wholesalers or otherwise) , transporting, or storing any livestock products or poultry products for human or animal food ; or (2) in business as renderers or in the business of buying, selling or transporting any dead, dying disabled or diseased livestock or poultry or parts of the carcasses of any such animals (including poultry) that died otherwise than by slaughter. § 8706. Additional powers of Secretary In order to accomplish the objective stated in Section 8704 the Secretary may; remove inspectors from any establishment that fails to destroy condemned products as required under Section 8705 (b) of this Chapter ; refuse to provide inspection service under this Chapter with respect to any establishment for causes specified in Section 401 of the Federal Meat Inspection Act or Section 18 of the Fed-eral Poultry Products Inspection Act; order labeling and containers to be withheld from use if he determines that the labeling is false or misleading or the containers are of a misleading size or form ; by regulations, prescribe the sizes and style of type to be used for labeling information required under this Chapter, and definitions and standards of identity or composition or standards of fill of container, consistent with Federal standards, when he deems such action appropriate for the protection of the public and after consultation with the Secretary of Agriculture of the United State ; by regulations prescribe conditions of storage and hand-ling of livestock products and poultry products by persons en-gaged in the business of buying, selling, freezing, storing, or transporting such articles in or for intrastate commerce to as-sure that such articles will not be adulterated or misbranded when delivered to the consumer ; Chapter 600 1351 require that equines be slaughtered and prepared in establishments separate from establishments where other live-stock are slaughtered or their products are prepared ; by regulations require that every person engaged in business in or for intrastate commerce as a broker, renderer, ani-mal food manufacturer, or wholesaler or public warehouseman of livestock products or poultry products, or engaged in the business of buying, selling or transporting in intrastate commerce, any dead, dying, disabled or diseased livestock or poultry or parts of the carcasses of any such animals (including poultry) that died otherwise than by slaughter shall register with the Secretary his name and the address of each place of business at which and all trade names under which he conducts such business; adopt by reference or otherwise such provisions of the rules and regulations under the Federal acts (with such changes therein as he deems appropriate to make them applicable to operations and transactions subject to this Chapter) which shall have the same force and effect as if promulgated under this Chapter, and promulgate such other rules and regulations as he deems necessary for the efficient execution of the provisions of this Chapter, including rules of practice providing opportunity for hearing in connection with issuance of orders under Section 8706 (e) or Section 8706 (a), (b), or (c) of this Chapter and prescribing procedure for proceedings in such cases; Provided, That this shall not preclude a requirement that a label or con-tainer be withheld from use, or a refusal of inspection, under Section 8705 (e) or Section 8706 (a) or (c) pending issuance of a final order in any such proceeding; appoint and prescribe the duties of such inspectors and other personnel as he deems necessary for the efficient execution of the provisions of this Chapter; Cooperate with the Secretary of Agriculture of the United States in administration of this Chapter to effectuate the purposes stated in Section 8704 of this Chapter ; recommend to the Secretary of Agriculture of the United States for appointment to the advisory committees pro-vided for in the Federal Acts, such officials or employees of the Department as the Secretary shall designate ; 1352 Chapter 500 (1) serve as the representative of the Governor for consul-tation with said Secretary under paragraph (c) of Section 301 of the Federal Meat Inspection Act and paragraph (c) of Section 5 of the Federal Poultry Products Inspection Act unless the Gov-ernor selects another representative; exempt the operations of any person from inspection or other requirements of this Chapter if and to the extent such operations would be exempt from the corresponding require-ments under the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act if they were conducted in or for interstate commerce or if the State were designated under the Federal Acts as one in which the Federal requirements apply to intrastate commerce. the Secretary may exempt the following types of oper-ations from inspection ; (1) Slaughtering and preparation by any person of livestock and poultry of his own raising exclusively for use by him and members of his household, and his non-paying guests and employees, and (2) any other operations which the Secretary may determine would best be exempted to further the purposes of this Chapter, to the extent such exemptions conform to the Federal Meat Inspection Act and the Federal Poultry Prod-ucts Inspection Act and the regulations thereunder. § 8707. Prohibited acts (a) No person shall, with respect to any livestock or poultry or any livestock products or poultry products : slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment pre-paring such articles solely for intrastate commerce, except in compliance with the requirements of this Chapter ; sell, transport, offer for sale or transportation, or re-ceive for transportation, in intrastate commerce, any such arti-cles which (A) are capable of use as human food, and (B) are adulterated or misbranded at the time of such sale, transporta-tion, offer for sale or transportation, or receipt for transpor-tation; or any articles required to be inspected under this Chapter unless they have been so inspected and passed ; or Chapter 500 1353 (3) do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such arti-cles to be adultered or misbranded. No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate com-merce, or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Secretary except as may be authorized by such regulations. No person shall violate any provision of the regulations or orders of the Secretary under Section 8705 or Section 8706 of this Chapter. § 8708. Additional prohibited acts No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary. No person shall : forge any official device, mark, or certificate; without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; knowingly possess, without promptly notifying the Secretary or his representative, any official device or any coun-terfeit, simulated, forged, or improperly altered official certifi-cate or any device or label or any carcass of any animal (includ-ing poultry), or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; 1354 Chapter 500 knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or knowingly represent that any article has been inspected and passed, or exempted, under this Chapter when, in fact, it has respectively, not been so inspected and passed, or exempted. § 8709. Offenses No person shall sell, transport, offer for sale or trans-portation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Secretary to show the kinds of animals from which they were derived. No person shall buy, sell, transport, or offer for sale or transportation, or received for transportation, in intrastate com-merce, any livestock products or poultry products which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secre-tary or are naturally inedible by humans. No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in such commerce, any dead, dying, disabled, or diseased livestock or poultry or the products of any such animals that died otherwise than by slaughter, unless such transaction or transportation, is made in accordance with such regulations as the Secretary may prescribe to assure that such animals, or the unwholesome parts of products thereof, will be prevented from being used for human food purposes. § 8710. Offenses; penalties (a) Any person that shall give, pay, or offer, directly or indirectly, to any officer or employee of this State authorized to perform any of the duties prescribed by this Chapter or by the regulations of the Secretary, any money or other thing of value, Chapter 500 1355 with intent to influence said officer or employee in the discharge of any such duty, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars and by im-prisonment not less than one year nor More than three years; and any officer or employee of this State authorized to perform any of the duties prescribed by this Chapter who shall accept any money, gift, or other thing of value from any person, given with intent to influence his official action, or who shall receive or accept from any person engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than $1,000 nor more than $10,000 and by imprisonment not less than one year nor more than three years. (b) Any person that forcibly assaults, resists, opposes, im-pedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this Chapter shall be fined not more than $5,000 or imprisoned not more than three years, or both. § 8711. Inspection; exception Inspection shall not be provided under this Chapter at any establishment for the slaughter of livestock or poultry or the preparation of any livestock products or poultry products which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in intrastate com-merce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. § 8712. Inspection and seal No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed therein under the supervision of an inspector. For purposes of any inspection of products required by this Chapter, inspectors authorized by the Secretary shall have 1356 Chapter 500 access at all times, by day or night, to every part of every estab lishment required to have inspection under this Chapter, whether the establishment is operated or not. § 8713. Detention of certain goods, products or animals Whenever any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry product, or any dead, dying, dis-abled, or diseased livestock or poultry, is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, or is otherwise subject to the Intrastate Commerce Act, and there Li reason to believe that any such article is adulterated or mis-branded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this Chapter or of the Federal Meat Inspection Act or the Federal Poultry Prod-ucts Inspection Act or the Federal Food, Drug and Cosmetic Act, or that such article or animal has been or is intended to be, dis tributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pend-ing action under Section 8714 of this Chapter or notification of any Federal authorities having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so detained, until released by such repre-sentative. All official marks may be required by such representa-tive to be removed from such article or animal before it is re-leased unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks. § 8714. Forfeiture of certain goods, products or animals (a) Any livestock product or poultry product or any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce or is otherwise subject to the Chapter, or is held for sale in this State after such transpor-tation, and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this Chapter, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this Chapter shall be liable to be proceeded against and seized and forfeited at any time, as provided herein. Chapter 500 1357 (b) Any property subject to forfeiture under this Chapter may be seized by the Department upon process issued by the Su-perior Court except that seizure without such process may be made when The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspec-tion warrant; The property subject to seizure has been the subject of a prior judgment in favor of the State in an injunction or for-feiture proceeding under this Chapter; The Department has probable cause to believe that the property is directly or indirectly dangerous to health or safety; Or, The Department has probable cause to believe that the property has been used or intended to be used in violation of this Chapter. In the event of seizure pursuant to paragraphs (3) and (4) of this subsection, proceedings under subsection (d) of this section shall be instituted promptly. (c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Department subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under the provisions of this Chapter, the Department may : Place the property under seal ; Remove the property to a place designated by it ; or, Take custody of the property and remove it to an appro-priate location for disposition in accordance with law. (d) Whenever property is forfeited under this Chapter, the Department may Retain the property for official use; Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper ex-penses of the proceedings for forfeiture and sale including ex- 1358 Chapter 500 penses of seizure, maintenance of custody, advertising and court costs. Any remaining proceeds shall be deposited in the General Fund. (3) Take custody of the property and remove it for dis-position in accordance with law ; or The article or animal shall not be sold contrary to the provisions of this Chapter, or the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act, or the Federal Food, Drug and Cosmetic Act : Provided, That upon the execu-tion and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this Chapter, or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by au-thorized representatives of the Secretary as is necessary to insure compliance with the applicable laws. When a decree of forfeiture is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal. The provision of this section shall in no way derogate from authority for condemnation, forfeiture, or seizure conferred by other provisions of this Chapter, or other laws. § 8715. Appeal and jurisdiction Any order issued under Section 8705 (e) or Section 8706 (a), (b) , or (c) of this Chapter shall be final unless ap-pealed to the Superior Court within 15 days after service. Review of any such order and the determinations upon which it is based shall be upon the record in the administrative proceeding in which the order was issued. The Superior Court is vested with jurisdiction specific-ally to enforce the provisions of the Chapter, and shall have juris-diction in all other kinds of cases arising under this Chapter (ex-cept as otherwise provided in this section) . The Court of Chancery shall have jurisdiction to pre-vent and restrain violations of this Chapter. Chapter 500 1359 (d) All proceedings for the enforcement, or to restrain vio-lations, of this Chapter shall be by and in the name of this State. Subpoenas for witnesses who are required to attend a court in any county may run into any other county in such proceeding. § 8716. Penalties generally Any person that violates any provisions of this Chapter for which no other criminal penalty is provided by this Chapter shall, upon conviction, be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both ; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in Section 8703 (n) (8) of this Chapter) such person shall be subject to imprisonment for not more than three years or a fine of not more than $10,000, or both. Nothing in this Chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of forfeiture or injunction proceedings, minor violations of this Chapter whenever he believes that the public interest will be ade-quately served by a suitable written notice or warning. § 8717. Powers of Secretary; investigation; record keeping (a) The Secretary shall also have power : To gather and compile information concerning and, to investigate from time to time the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relation thereof to other persons ; To require, by general or special orders, persons en-gaged in intrastate commerce, or any class of them, or any of them, to file with the Secretary in such form as the Secretary may prescribe, annual or special, or both annual and special, re-ports or answers in writing to specific questions, furnishing to the Secretary such information as he may require as to the organ-ization, business, conduct, practices, management, and relation to other persons, of the person filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Secretary may prescribe, and shall be filed with 1360 Chapter 500 the Secretary within such reasonable period as the Secretary may prescribe, unless additional time be granted in any case by the Secretary. (b) (1) For the purpose of this Chapter the Secretary shall at all reasonable times have access to, for the purpose of examina-tion, and the right to copy any documentary evidence of any per-son being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the pro-duction of all documentary evidence of any person relating to any matter under investigation. The Secretary may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to the subpoena the Sec-retary may invoke the aid of any court designated in Section 8715 of this Chapter in requiring the attendance and testimony of wit-nesses and the production of documentary evidence. Any of the courts designated in Section 8715 of this Chapter within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear be-fore the Secretary or to produce documentary evidence if so ord-ered, or to give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Upon the application of the Attorney General of this State at the request of the Secretary, the Superior Court shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this Chapter or any order of the Secretary made in pursuance thereof. The Secretary may order testimony to be taken by deposition in any proceeding or investigation pending under this Chapter at any stake of such proceeding or investigation. Such depositions may be taken before any person designated by the Secretary and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction and shall then be subscribed by the Chapter 500 1361 deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as wit-nesses may be compelled to appear and testify and produce docu-mentary evidence before the Secretary as hereinbef ore provided. Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of this State, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in such courts. No person shall be excused from attending and testify-ing or from producing books, papers, schedules of charges, con-tracts, agreements, or other documentary evidence before the Secretary or in obedience to the subpoena of the Secretary whether such subpoena be signed or issued by him or his delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this Chapter or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or it may tend to incriminate him or it or subject him or it to a penalty or forfeiture ; but no individual shall be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prose-cution and punishment for perjury committed in so testifying or contempt after having received immunity from prosecution. (c) (1) Any person that shall neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce docu-mentary evidence, if in his or its power to do so, in obedience to the subpoena or lawful requirement of the Secretary shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. (2) Any person that shall willfully make or cause to be made, any false entry or statement of fact in any report required to be made under this Chapter, or that shall willfully make, or cause to be made, any false entry in any account, record, or mem- 1362 Chapter 500 orandum kept by any person subject to this Chapter or that shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memor-anda, of all facts and transactions appertaining to the business of such person or that shall willfully remove out of the jurisdiction of this State, or willfully mutilate, alter, or by any other means falsify any documentary evidence of any person subject to this Chapter or that shall willfully refuse to submit to the Secretary or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person sub-ject to this Chapter in his possession or within his control, shall be deemed guilty of a misedmeanor and shall be subject, upon conviction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment. If any person required by this Chapter to file any annual or special report shall fail so to do within the time fixed by the Secretary for filing the same, and such failure shall con-tinue for thirty days after notice of such default, such person shall forfeit to this State the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the General Fund of this State, and shall be recov-erable in a civil suit in the name of the State brought in the county where the person has his or its principal office or in any county in which he or it shall do business. It shall be the duty of the various Deputys Attorney General, under the direction of the Attorney General of this State, to prosecute for the recovery of such forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of this State. Any officer or employee of this State who shall make public any information obtained by the Secretary, without his authority, unless directed by a court, or use any such information to his own advantage, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not ex-ceeding $5,000, or by imprisonment, not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. Superior Court shall have jurisdiction over the offense8 in this section. Chapter 500 1363 § 8718. The requirements of this Chapter shall apply to persons, establishments, animals, and articles regulated under the , Federal Meat Inspection Act or the Federal Poultry Products Inspection Act only to the extent provided for in said Federal Acts Section 2. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the valid-ity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Section 3. Any proceeding, arrest, litigation or other action undertaken prior to the effective date of this Act shall continue in full force and effect pursuant to the prior law until consumated or completed. Section 4. This Act shall become effective upon the signa-ture of the Governor. Approved June 3, 1970. 1364 CHAPTER 501 AN ACT TO AMEND TITLE 31, DELAWARE CODE, CHAP-TER 3, RELATING TO CHILD WELFARE BY PROVID-ING FOR A NEW SUBCHAPTER CONCERNING THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 31, Delaware Code, Chapter 3, by providing for a new subchapter to be designated as Subchapter VI and to read as follows: SUBCHAPTER VI. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN § 381. Interstate Compact on the Placement of Children; en-actment The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdic-tions legally joining therein in form substantially as follows: ARTICLE I. PURPOSE AND POLICY It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: Each child requiring placement shall receive the maxi-mum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circum-stances of the proposed placement, thereby promoting full com-pliance with applicable requirements for the protection of the Chapter 501 1365 The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. Appropriate jurisdictional arrangements for the care of children will be promoted. ARTICLE II. DEFINITIONS As used in this compact : "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control. "Sending agency" means a party state, officer or em-ployee thereof; a subdivision of a party state, or officer or em-ployee thereof ; a court of a party state ; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state. "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by pub-lic authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any insti-tution primarily educational in character, and any hospital or other medical facility. ARTICLE III. CONDITIONS FOR PLACEMENT No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiv-ing state governing the placement of children therein. Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain : The name, date and place of birth of the child ; The identity and address or addresses of the parents or legal guardian ; The name and address of the person, agency or institu-tion to or with which the sending agency proposes to send, bring, or place the child ; A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate offi-cer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional infor-mation as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this com-pact shall constitute a violation of the laws respecting the place-ment of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the sus- 1366 Chapter 501 Chapter 501 1367 pension or revocation of any license, permit, or other legal au-thorization held by the sending agency which empowers or allows it to place, or care for children. ARTICLE V. RETENTION OF JURISDICTION The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches maturity, be-comes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdic-tion shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial re-sponsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency. Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharg-ing financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof. ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN A child adjudicated delinquent may be placed in an institu-tion in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to 1368 Chapter 501 be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that: Equivalent facilities for the child are not available in the sending agency's jurisdiction; and Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. ARTICLE VII. COMPACT ADMINISTRATOR The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of ac-tivities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE VIII. LIMITATONS This compact shall not apply to : The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state. Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the re-ceiving state are party, or to any other agreement between said states which has the force of law. ARTICLE IX. ENACTMENT AND WITHDRAWAL This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall be-come effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has Chapter 501 1369 been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not af-fect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. ARTICLE X. CONSTRUCTION AND SEVERABILITY The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability there-of to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or cir-cumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. § 382. Financial responsibility; default in compact Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Chil-dren shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provi-sions of Title 31, Chapter 3, also may be invoked. Notices; Department of Health and Social Services The "appropriate public authorities" as used in Article HI of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the Department of Health and Social Services and said Department shall receive and act with reference to notices required by said Article III. "Appropriate Authority"; Department of Health and Social Services As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate 1370 Chapter 501 authority in the receiving state" with reference to this state shall mean the Department of Health and Social Services. Financial commitment; approval The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this State or subdivision or agency thereof shall not be binding unless it has the approval in writing of the State Budget Director in the case of the State and of the chief local fiscal officer in the case of a subdivision of the State. Other related statutes; provisions met if performed as contemplated by compact Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under Section 307 of this Title shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a sub-division thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Out of State placement restrictions; not applicable if made pursuant to compact The provisions of Section 307 of this Title shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children. Jurisdiction of court; placement pursuant to compact Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Place-ment of Children and shall retain jurisdiction as provided in Article V thereof. Chapter 501 1371 § 389. Governor; appointment of officer to coordinate activities of compact As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Gov-ernor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII. Section 2. The provisions of this Act shall become effective upon the signature of the Governor. Approved June 3, 1970. 1372 CHAPTER 502 AN ACT TO AMEND TITLE 19, DELAWARE CODE, CHAP-TER 5, SUBCHAPTER IV, RELATING TO EMPLOY-MENT CERTIFICATES AND WAGES FOR CHILDREN. Be it enacted by the General Assembly of the State of Delaware: Section 1. Title 19, Delaware Code, Chapter 9, Subchapter IV, is amended by striking Section 544 and inserting in lieu there-of a new section to read as follows : Persons authorized to issue employment certificate Employment certificates shall be issued by the Super-intendent of a public middle school, junior high school or senior high school throughout the State or by some other person desig-nated by him in writing who is a public school employee who is retained by the public school on a 12-month or complete calendar year basis. The superintendent shall notify the Director of the Division of Industrial Relations of any deficiency or change thereof. If any Superintendent fails to designate some person to issue employment certificates, the Director of the Division of Indus-trial Relations shall designate some person to so act, but any designation may be revoked by the Director at any time at his pleasure. The Division of Industrial Relations will keep on file a listing of all persons who are duly qualified to issue certificates in the various school districts of the State. Section 2. Title 19, Delaware Code, Section 545, is amended by striking the present section in its entirety and substituting in lieu thereof a new section to read as follows : Registrars for issuance of a general employment certifi-cate (a) The issuing officers throughout the school system shall not issue such certificate until the child, for whom it is requested, has personally appeared and been examined by them and have Chapter 502 1373 received, examined, approved and filed, together with the dupli-cate of the certificate, the following papers duly executed : A statement signed by the prospective employer or by someone authorized on his behalf, stating that the employer ex-pects to give the child present employment and setting forth the character of the employment. A school record, if the child is not a student of the school where the issuing is to take place, filled out and signed by the principal or chief executive officer of the school, public or non-public, where the child last attended, which shall be furn-ished in behalf of any child who may be entitled thereto, certify-ing what course of study the child has completed. (b) Evidence showing that the child is 14 years of age or up-wards, which shall consist of one of the following proofs of age, shall be required in the order herein designated : A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other offi-cer charged with the duty of recording births ; A baptismal certificate or transcript of the record of baptism duly certified, showing the date of birth of such child ; A passport showing the age of such child as an immi-grant; Other documentary evidence of age such as school record, Delaware motor vehicle operator's license, etc., (other than the affidavit of parent, guardian, legal custodian or next friend) or transcript thereof, duly certified, which shall appear to the satisfaction of the issuing officer to be good and sufficient proof of age. In case such proofs of age shall be unobtainable and only in such cases, the issuing officer may accept, in lieu thereof, a signed statement of the physician, designated by the Depart-ment of Labor, stating that, after examination, it is the opinion of such physician that such child has attained the age required by law for the occupation in which the child expects to engage, and such statement shall be accompanied by an affidavit, signed by the parent, guardian, legal custodian, or next friend, certify-ing the name, date, and place of birth of such child and that the 1374 Chapter 502 parent, guardian, legal custodian or next friend, signing such statement, is unable to produce any of the proofs of age specified in the preceding sub-division of this section. § 549. TO BE REPEALED Section 3. Title 19, Delaware Code, Section 549, is amended by repealing said section in its entirety. Approved June 3, 1970. 1375 CHAPTER 503 AN ACT TO AMEND CHAPTER 31, TITLE 3, DELAWARE CODE, RELATING TO MILK, CREAM AND OTHER MILK PRODUCTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Title 3, Delaware Code, Section 3115, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows : § 3115. Frequency of testing, holding, testing and reporting; retesting provisions Any person or milk plant or agent thereof in the State or out of the State engaged in the business of buying milk on the basis of percentage of butterfat contained therein shall make a test at least once every sixteen days. The milk purchased from each milk producer shall be represented by a composite sample taken from the entire delivery of each of the several lots pur-chased from the milk producer and shall cover a period of not more than 16 days. A composite sample shall contain a preserva-tive and it shall contain aliquot parts from each lot of milk col-lected. The preservative must be capable of keeping the compos-ite sample in suitable condition for testing for a period of at least 30 days. Each composite sample shall be held in an air tight bot-tle, such bottle shall be labeled with the name or number of the milk producer. After the composite samples have been tested, their residues shall be held intact and in a suitable condition for retesting for a period of 15 days. All milk producers shall be notified within 5 days after the close of the period giving such producer the results of the butter-fat test on the composite sample. If the producer desires a retest, such request shall be made directly to the milk plant or through the fieldman within 24 hours after the receipt of the butterfat test. Such retest shall be made immediately and reported to the producer. 1376 Chapter 503 The State Board of Agriculture may at any time require out of state milk plants to deliver one or all composite samples to the State Board of Agriculture laboratories for retesting purposes. An alternative would be for the out of state milk plant to grant the State Board of Agriculture or its agents permission to enter their plants for the purpose of taking samples for rechecking purposes. If the composite sample should in some manner be de-stroyed during the period and it becomes necessary to use fresh samples as the basis of settlement at least three fresh samples shall be taken from three separate deliveries of milk. Reports of all butterfat tests shall be made to the State Board of Agriculture at the close of each testing period. If butter-fat tests vary more than 0.20 percent from one testing period to the next testing period, a retest shall be made and reported. Approved June 3, 1970. 1377 CHAPTER 504 AN ACT TO INCORPORATE THE TOWN OF HENLOPEN ACRES. Be it enacted by the General Assembly of the State of Dela-ware (two-thirds of all members elected to each branch thereof concurring therein): INCORPORATION Section 1. The inhabitants of the Town of Henlopen Acres, in Sussex County, are hereby constituted a municipal corporation and body politic by and under the name of "Mayor and Commis-sioners of Henlopen Acres", hereafter referred to as Corporation or Town, with power to govern themselves by such ordinances, rules, resolutions and regulations for municipal purposes as they, through their duly elected officers and agents, may deem proper, not in conflict with the provisions of this Charter of government, nor with the Constitution and Laws of the State of Delaware, or of the United States. TERRITORY AND LIMITS Section 2. The present territorial limits of the Town of Hen-lopen Acres are hereby established and declared to be as follows : ALL those three certain adjoining pieces or parcels of land and premises situate, lying, and being in Lewes and Rehoboth Hundred, Sussex County and State of Delaware, north of the Town of Rehoboth and east of the United States Inland Water-way known as the "Lewes and Rehoboth Canal", bounded on the north by lands of Daniel G. Anderson ; on the northwest and west by lands of said United States Inland Waterway; and on the south and southeast, in part by the north boundary line of the Town of Rehoboth, in part by the north line of Henlopen Avenue, and in part by certain State lands; and on the east and northeast by the mean high-water line of the Atlantic Ocean, be the contents of said parcels of land whatsoever they may, and being all the same lands described in and conveyed as Parcels Number I, Num-ber 2, and Number 3, by that certain deed of Wilbur S. Corkran and Louise C. Corkran, his wife, unto Henlopen Acres, Inc. (a is18 Chapter 504 Corporation of the State of Delaware), bearing date the 14th day of July, 1930, and of record in the office of the Recorder of Deeds of the State of Delaware, in and for Sussex County, at George-town, Delaware, in Deed Record D.H.X., Vol. 280, Page 220; and also being the same lands and premises delineated as Parcels Number 1, Number 2, and Number 3, on "Plat of Lands in Lewes and Rehoboth Hundred, Sussex County, Delaware, Conveyed by Wilbur S. Corkran and Louise C. Corkran, his wife, to Henlopen Acres, Inc.", which plat is now of record in the Office of the Re-corder of Deeds, in and for Sussex County aforesaid, in Deed Record D.H.X., Vol. 280, Page 598. STRUCTURE OF THE GOVERNMENT Section 3. The government of the Town and the exercise of all power conferred by this Charter, except as otherwise provided herein, shall be vested in the Commissioners of Henlopen Acres. The Commissioners of Henlopen Acres shall consist of seven (7) members, to be chosen as hereinafter provided. One of said Com-missioners shall have the title of Mayor of the Town of Hen-lopen Acres, with duties hereinafter to be prescribed, and who shall also be President of the Commissioners of Henlopen Acres. Until such time as the first regular election of Commissioners can be held, 3. Edward Murphy is hereby appointed to serve as the Mayor and Sandford B. Leach, Kilburn LeCompte, Norman E. Smith, Mathew J. McDemmott, Frances W. Plowman, John L. Bradley, John W. Watson and John Beck are appointed to serve as the original Commissioners of the Town of Henlopen Acres. GENERAL POWERS Section 4. (a) The inhabitants of the Town of Henlopen Acres within the limits and boundaries referred to in Section 2 of the Act, or within the limits and boundaries hereafter established shall be and they are hereby created a body politic and corporate in law and equity by the corporate name of "The Town of Hen-lopen Acres" hereinafter called the Town and under the name shall have perpetual succession, may have and use a corporate seal which may be altered, changed or renewed at pleasure; may sue and be sued, plead and be impleaded in all Courts of law and equity in the State of Delaware, and elsewhere, by said corporate name, may hold and acquire by purchase, gift, devise, lease or Chapter 504 1379 by condemnatic real property and personal property within or without its boundaries for any municipal purposes, in fee simple or for lesser estate or interest, any may sell, lease, hold, manage and control such property as its interest may require and may do all other things which a body politic and corporate may lawfully do to carry out and effect the object and purposes of this Act, subject, however, to other sections of this Act. As hereinafter provided in this Charter relative to power to issue bonds, the Town shall have all other powers and func-tions requisite to or appropriate for the Government of the Town, its peace and order, its sanitation, beauty, the health, safety, convenience, comfort and well being of its population, and the protection and preservation of property, public and private; and all actions, suits or proceedings shall be brought in the name of "The Town of Henlopen Acres." (b) The enumeration of particular powers by this Charter shall not be held to be exclusive, or to restrict in any manner the general powers conferred herein, but in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof it is intended that the Town of Henlopen Acres shall have, and may exercise, all powers which, under the Constitution of the State of Delaware, it would be competent for this Charter spe-cifically to enumerate. All powers of the Town of Henlopen Acres whether expressed or implied, shall be exercised as prescribed by this Charter or; if not prescribed herein, by ordinance or resolu-tion of the Commissioners, QUALIFICATIONS OF MAYOR AND COMMISSIONERS Section 5, The qualifications for Mayor and Commissioner shall be as follows : Each of the seven (7) Commissioners of Henlopen Acres, at the time of the approval of their qualifications by the Town Commissioners, as hereafter provided or at the time of their appointment, as the case may be, and throughout his or her term of office, shall have attained the age of twenty-one (21) years of age. Each shall be a non-delinquent taxable of the Town, as to all property taxes levied or assessments made by the Town. 1380 Chapter 504 Each shall be a freeholder of the Town of Henlopen Acres. The Commissioner with the title of Mayor of the Town of Henlopen Acres shall be a bona fide resident of the Town. If any one of the Commissioners, shall, during his term of office, cease to be a free-holder of the Town, he shall ipso facto vacate his office. If the Commissioner with the title of Mayor of the Town of Henlopen Acres shall cease during his term of office to be a bond fide resident of the Town of Henlopen Acres, he shall ipso facto, vacate his office. The Commissioners shall be the judges of the qualifications of their members. For all purposes of this Charter, a "freeholder" shall be deemed to include any person who nolds fee simple title of real property in his own name, or who holds title to an undivided interest in real property or who holds title to real estate as a tenant by the entirety. Only freeholders as defined by paragraph (c) of Sec-tion 5 and the spouses of such freeholders shall have the right to vote. ELECTION IN GENERAL Section 6. The present Commissioners and other officers appointed to serve shall continue to serve as the Commissioners of Henlopen Acres and officers of the Town from and after the passage hereof until their successors are duly elected or appointed at the annual election held on the last Saturday in August. In the first annual election, to be held on the last Saturday in August, 1970, four (4) Commissioners will be elected for terms of two years each and three (3) will be elected for terms of one year each. Thereafter, four (4) Commissioners will be elected in even numbered years and three (3) in odd numbered years. ELECTIVE OFFICES Section 7. (a) The six (6) offices of Commissioner of Hen-lopen Acres and the office of Commissioner of Henlopen Acres with the title of Mayor of the Town of Henlopen Acres, with duties hereinafter to be prescribed shall be elective. All other offices shall be appointive and the person or persons filling such appointive offices shall be appointed by the Commissioners of Henlopen Acres. Chapter 504 1381 In the case of a vacancy created in any office of Com-missioner of Henlopen Acres or in the office of Commissioner of Henlopen Acres having the title of Mayor of the Town of Hen-lopen Acres, either by death, resignation, loss of residence or freeholdership, in the Town of Henlopen Acres, or other disquali-fying event, or otherwise, the Commissioners of Henlopen Acres shall fill such vacancy for the residue of the whole term. Aside from loss of residence or freehoIdership, as in these instances specified in Section 5 of this Charter, if any elect-ive officer be found guilty of any felony, he shall forthwith be disqualified to act as such officer and he shall, ins° facto, vacate his elective office; which office shall be filled by the Commission-ers of Henlopen Acres as in the case of other vacancies. ORGANIZATION MEETING Section 8. (a) An organization meeting of the Commis-sioners of Henlopen Acres shall be held within one day following the annual election. At the organization meeting the Commis-sioners elected shall elect one of the Commissioners as the pre-siding officer of the Commissioners of Henlopen Acres for the term of one year. If the Commissioners are unable to elect one of their number as a presiding officer then such officer shall be chosen for the Commissioners by lot by the Commissioners. The presiding officer shall be called the "Mayor". The Commissioners of Henlopen Acres, at the first reg-ular meeting following the annual election, shall meet for the purpose of organization at the usual place for holding meetings of the Commissioners of Henlopen Acres. The newly elected Com-missioners shall assume the duties of their respective offices, being first duly sworn or affirmed to perform their duties with fidelity, which oath or affirmation shall be taken before a Notary Public, a Justice of the Peace or by a holding-over member of the Commissioners. The Commissioners shall likewise select a Secre-tary from their own number to serve until the first regular meet-ing after the next succeeding election. They may also choose an Assistant Secretary to serve as aforesaid, and such other officers and employees as may be determined to be necessary. The Commissioners shall by ordinance fix the amount of any salaries or compensation of the employees, officers and 1382 Chapter 504 agents of the Town, and the time and manner of his or her, or their payment; Provided, that the salary or compensation of any such employee, officer or agent shall not be increased, during the term of said office should said appointment thereto be for a des-ignated term. No officer, employee or agent of the Town shall in any form have, take, or receive from the Town any compensa-tion, in and form, in addition to the salary or compensation fixed by the Commissioners. (d) The Commissioners shall cause to be kept a full and complete record of all officers appointed, and employees and agents hired by the Town, containing the names of such officers, employees and agents, the dates of their employment, any salary or compensation to be by them received and the date of the termi-nation of their services. In the event that they shall hold their office for an indefinite term, the record shall so state. METHOD OF FILING FOR OFFICE OF TOWN COMMISSIONER Section 9. The candidates for Town Commissioner shall file their notice of intention to seek office in the following manner: (a) No person shall be voted upon as a candidate for the of-fice of Commissioner unless at least thirty (30) days before the date set for the election of said officers he shall have filed with the Town Clerk or Mayor of the Commissioners of Henlopen Acres a letter or other certificate setting forth that he will be a candidate for a certain designated office. The Commissioners of Henlopen Acres shall not permit the name of any such candidate to be filed except such candidate as shall meet the requirements of Section 5 of this Charter. MANNER OF HOLDING ELECTIONS Section 10. (a) Annual municipal elections shall be held on the last Saturday in the month of August, from 9 o'clock A.M. to 12 o'clock noon at such place or places as shall be determined by the Commissioners, due notices of which shall be given by posting notices thereof in two (2) conspicuous places within the corporate limits of the Town of Henlopen Acres not less than fifteen (15) days before the day of such annual election. Pro-vided, however, that in the event that there is no contest for Chapter 504 1383 any of the several offices up for election in any year, the polls shall not remain open after 10 o'clock A.M., prevailing time. The Commissioners will print or cause to be printed sufficient ballots in order for each qualified voter of the Town to vote at the annual election. Each such ballot shall be designated "Official Ballot" and shall contain the names of all candidates who have been nominated in accordance with the provisions of this Charter and are qualified to serve, and said ballots shall be delivered to the Election Board appointed pursuant to the provi-sions of this Charter, No ballots to be used for voting at the an-nual election shall be available for distribution to any person prior to the time of his or her actually presenting himself for the purpose of voting; provided, however, that the Election Board shall have available for distribution five (5) days prior to the date of the annual election sample ballots marked or defaced in such a manner that they cannot be used at the election. Only those ballots prepared in accordance with the provisions of this Section shall be used at the annual election. Every election shall be held under the supervision of an Election Board. The Election Board shall consist of one (1) In-spector of the Election and two (2) Judges of the Election. The Judges and Inspector constituting the Election Board shall be qualified voters of the Town and shall be appointed for that pur-pose by the Town Commissioners at least fifteen (15) days be-fore such election. If, at the opening of the polls, there shall not be present the three (3) members of the Election Board, or any one of them, then in such case the persons qualified to vote at such election and then present at the opening of the polls shall, by viva voce, select a qualified voter or voters to so act as a member or members of the Election Board. Members of the Election Board shall be Judges of the Election and shall decide upon the legality of the votes offered. The Election Board shall keep a true and accurate list of all voters voting, The Election Board shall have the power to subpoena persons, and officers of the Town, and books, records and papers relative to the determination of the validity of any vote or votes offered. Upon the close of the election, the votes shall be read and counted publicly and the persons having the highest number of votes shall be declared, by the Election Board, to |
| Date Digital | 2010 |
| CONTENTdm file name | 3084.cpd |
Description
| Title | Laws of the State of Delaware - Volume 57 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- FIFTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 7, A. D. 1969 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A. D. 1970 PART II VOLUME LVII CHARLIMI PRINTING CO.. WILMINGTON, DRLAWARR f |
| CONTENTdm file name | 62530.pdfpage |
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