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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- SEVENTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 2, A. D.
1973
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A. D.
1974
PART II
VOLUME LVIX
CHARLIS PRINTING CO., WILMINGTON, DELAWARC
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 59 - 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-SEVENTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 2, A. D. 1973 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 8, A. D. 1974 PART II VOLUME LVIX CHARLIS PRINTING CO., WILMINGTON, DELAWARC CHAPTER 415 FORMERLY HOUSE BILL NO. 936 AN ACT TO AID DAGSBORO VOLUNTEER FIRE COM-PANY WHICH IS ORGANIZED TO MAINTAIN AN AM-BULANCE AND RESCUE TRUCK IN THE PUBLIC SERVICE, BY MAKING AN APPROPRIATION THERE-FOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House concurring therein): Section 1. There is appropriated $2,000 to the Dagsboro Volunteer Fire Company, Dagsboro, Delaware ; of which $1,100 shall be used for the maintenance and operation of an ambulance in the public service ; and $900 shall be used for the mainten-ance and operation of a rescue truck in the public service. Section 2. This act is a supplementary appropriation act for the fiscal year ending June 30, 1974, and the monies appro-priated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appro-priated. Approved June 30, 1974. 1473 1474 CHAPTER 416 FORMERLY HOUSE BILL NO. 978 AN ACT TO AMEND CHAPTER 218, VOLUME 59, LAWS OF DELAWARE, RELATING TO THE MOTOR FUEL TAX Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 218, Volume 59, Laws of Dela-ware, by repealing Section 2 thereof. Approved June 30, 1974. CHAPTER 417 FORMERLY SENATE BILL NO. 669 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 45, TITLE 7, DELAWARE CODE, RELATING TO THE LITTERING OF PUBLIC BEACHES AND PROVIDING A PENALTY THEREFOR. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend §4506 of Chapter 45, Title 7, Delaware Code, by striking said section in its entirety and substitute a new §4506 to read as follows : §4506. Supervision and control of public lands by Department of Natural Resources and Environmental Control; Public beaches; penalty The public lands of this State, as ascertained in regard to location, surveyed and plotted under the supervision and direction of the Public Lands Commission, created in accord-ance with the provisions of Chapter 5, Volume 27, Laws of Dela-ware, shall be under the supervision and control of the Depart-ment of Natural Resources and Environmental Control which department may care for the public lands. All powers given to said Public Lands Commission shall be exercised by the De-partment of Natural Resources and Environmental Control. It shall be unlawful to place, dump or throw rubbish, garbage, refuse, trash or other debris of any kind within any public beach of this State, except in such receptacles as are provided for such purpose. Whoever violates this provision shall be fined not less than $50 nor more than $100, together with costs of prosecution, and in default of payment of the fine and costs shall be subject to the provisions of Section 4106 of Title 11, Delaware Code. All law enforement agencies, to include Environmental Pro-tection Officers of the Department of Natural Resources and 1475 1476 Chapter 417 Environmental Control, shall have equal authority to enforce the provisions of this section. Justices of the Peace shall have jurisdiction of offenses under this section. Approved July 2, 1974. CHAPTER 418 FORMERLY HOUSE BILL NO. 413 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO CREATE SECTION 919 OF THE DELAWARE CODE, TITLE 7, ENTITLED "MENHADEN FISHING". Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each House thereof concurring therein): Section 1. Amend Subchapter 1, Chapter 9, Title 7, Delaware Code, by adding thereto a new Section 919 to read as follows: §919. Menhaden fishing Menhaden fishing will not be permitted in any state waters on any Saturday, Sunday or holiday between the Friday before Memorial Day and the Sunday following Labor Day. Menhaden fishing will not be permitted within one-half mile of any heavily populated beach or fishing pier. All pump outlets, except normal engine cooling water, must be discharged through the bottom of the vessel. Approved anti-foaming agents must be applied to all fish pump discharge waters to dissipate foam when fishing within three miles of the shore in the Atlantic Ocean, and in all bays, rivers, sounds and inlets. All menhaden vessels must be equipped with refuse and garbage cans, and all such cans must be emptied at the plant when the vessel docks. Garbage, refuse or litter shall not be thrown overboard at any time. Dead fish shall not be released at any time. Should there be more fish in the net than can be handled, the captain shall immediately call another vessel to take the excess fish. 1477 1478 Chapter 418 At the end of each set, the fish which the pump will not transfer to the vessels hold, must be loaded aboard manually. No loose fish are to be thrown overboard at any time. Any captain found guilty of violating any of the pro-visions so set forth above shall be fined five-hundred dollars ($500.00) for the first offense and two-thousand five hundred dollars ($2,500.00) for each offense thereafter. Every vessel over 65 feet in length shall obtain a license before fishing for menhaden in the territorial waters of this State. The fee for such license shall be $100 and shall be payable to the Department or its duly authorized agent. Whoever violates the provisions of this section shall be fined Five hundred dollars ($500) for the first offense and Two thousand five hundred dol-lars ($2,500) for each offense thereafter. Violation of this sec-tion is a misdemeanor. Approved July 2, 1974. CHAPTER 419 FORMERLY HOUSE BILL NO. 830 AN ACT MAKING AN APPROPRIATION TO BIG BRO-THERS ASSOCIATION OF NORTHERN DELAWARE, INC. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House thereof concurring therein): Section 1. The sum of $12,500 is appropriated to Big Brothers Association of Northern Delaware, Inc. Section 2. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the Gen-eral Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. 1479 1480 CHAPTER 420 FORMERLY HOUSE BILL NO. 734 AN ACT TO AMEND CHAPTER 1, TITLE 14 OF THE DEL-AWARE CODE BY REQUIRING THE STATE BOARD OF EDUCATION TO ESTABLISH REGULATIONS TO ASSURE THE PRESERVATION OF SCHOOL EM-PLOYEE PESONNEL RECORDS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend subsection (b), Section 122, Chapter 1, Title 14 of the Delaware Code, by adding a new paragraph (19) thereto, which shall read as follows: "(19) Assuring the permanent maintenance of the personnel records of all employees in all the school districts of the State, including those employees who terminated employment in the district, for a period of not less than forty (40) years, such records to include, but not be limited to, all annual salaries and sick leave and vacation information." Approved July 8, 1974. 1481 CHAPTER 421 FORMERLY HOUSE BILL NO. 946 AN ACT TO AMEND AN ACT ENTITLED: "AN ACT TO REINCORPORATE THE TOWN OF SMYRNA", RELAT-ING TO THE ELECTED OFFICERS OF SAID TOWN. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 3, Chapter 192, Volume 36, Laws of Delaware, by striking said section in its entirety, and sub-stituting in lieu thereof the following : Section 3. Mayor, Council, Qualifications, Term, Nomina-tion and Election Mayor, Council, Qualifications. The government of said Town and the exercise of all powers conferred by said Chapter 192 (except as otherwise provided) shall be vested in a Mayor and in a Town Council composed of six members, all seven of which officers shall be elected at large. Nominees for the offices of Mayor and members of Council shall be residents of said Town at least twenty-one years of age and each nominee shall be a bona fide owner of real estate within said Town which is listed on the Kent County and/or Town of Smyrna assessment books most recently in force when nomin-ated, and a bona fide owner of real estate shall be a person who owns a fee simple or vested life interest therein, either individ-ually, jointly with a spouse or jointly with any one or more other persons, but ownership of stock in a corporation owning real estate shall not constitute such required real estate qualifi-cation, nor shall the holding of any form of leasehold interest in real estate constitute such required real estate qualification. Terms. The term of the Mayor shall be two years and the terms of all Councilmen shall be three years from the day after their respective election and until their respective successors shall be duly elected and qualified. At the Annual Town election on the last Monday in Feb-ruary in the year 1956, there shall be elected four members of Council, two of said members whose terms shall be for two years to succeed the two members whose present terms will then expire, and two of said members whose terms shall be for three years ; and at the annual Town election on the last Monday in February in the year 1957, there shall be elected a Mayor whose term shall be for two years to succeed the Mayor whose present term will then expire, two Councilmen whose terms shall be for three years to succeed the Councilmen whose present terms will then expire, and thereafter the successors of the Mayor whose term will expire at the election then held shall be elected for a term of two years and the successors of the two Council-men whose terms will expire at the election then held shall be elected for a term pf three years each. Nomination. The Mayor and the six members of Council shall be nomin-ated and elected as follows, to-wit : At least ten days before the day of election, as hereinafter fixed, nominations shall be filed with the Mayor or with any Councilman. Such nominations shall be in writing, signed by the nominee or by five other qualified voters of said Town, at least two of whom shall have the same real estate qualifications as is required of nominees for Mayor and for Council. Each nomination shall be presented to Council at a meeting to be held at its usual meeting place not later than eight o'clock p.m. on the evening of the last day for the filing of such nominations, which date shall be ten days prior to the date of election. Qualified Voter. Every resident of the said Town of the age of eighteen years, or upwards, who has continuously resided within the corporate limits of the said Town for at least thirty days prior to the date of the election shall have the right to vote. Date and Time of Annual Election. The Annual Town Election shall be held on the last Monday in February in each year at the Town Hall of said Town, or at 1482 Chapter 421 Chapter 421 1483 such other convenient place in said Town as shall be appointed by the Mayor and Council by a majority vote. The polls will be open for at least seven (7) hours ; the times to be determined by the Mayor and Council by a majority vote, and advertised for at least ten (10) days prior to said election. In case such election is to be held at some other place than the Town Hall, notice thereof, designating the place of election shall be advertised at least ten (10) days before the election. Voting Machines/Ballots. Council shall make arrangements with the Kent County Department of Elections for the use of an appropriate number of voting machines to be used at any contested election. In the event no contest exists in any election, voting machines shall not be required, and paper ballots may be used for the formal conduct of any such election. Election Board. Every election shall be held under the superintendence of an Election Board, the number of persons on said Board to be an uneven number of qualified voters of the said Town and will be determined by the Mayor and Council upon determination of the number of voting machines to be used and the number of clerks needed to conduct such election. The Election Board shall be appointed by the Council at least two weeks before the date of election, but if at the opening of the polls there shall not be present the Election Board as appointed, or any one of them, in such case the persons entitled to vote and then present at the polls shall appoint, by viva voce vote, qualified voter or voters to act on said Election Board. The Election Board holding the election shall pass upon the qualifications of voters and con-duct the election, keeping a list of all voters voting and at the close of such election shall canvass the vote and the candidates having the highest number of votes for each office shall be de-clared elected and certificates shall be made out and delivered to the person or persons so elected. In case of a tie, the Election Board holding the election shall, by a majority vote decide which of the candidates so tied shall be elected. (h) Special Election. In the event of the death, resignation, disqualification, termination of residence in the Town of Smyrna or other in-ability of the Mayor of the Town of Smyrna to perform the duties of that office, such vacancy shall be filled by the holding of a special Town election which shall be held in 1951 not sooner than thirty (30) days after the approval of this Act by the Gov-ernor and in any other year not sooner than thirty (30) days after the office of Mayor becomes vacant through any cause as aforesaid, and such special election shall be held in 1951 not later than sixty (60) days approval of this Act by the Governor and in any other year not later than sixty (60) days after the office of Mayor becomes vacant through any cause as aforesaid. The qualifications of candidates for the office of Mayor to be voted at such special election and the method of nomination of candidates shall be the same as are provided in said Act for regular Town elections and the person so elected at such special election shall serve as Mayor for the period of the unexpired term of the former Mayor. Such special election shall be held in the same manner, the polls shall be open the same hours and other details of such special election shall be the same as pro-vided for the election of a Mayor at a regular election, except that the Town Council shall cause notice of the vacancy in said office and the limit of time for the filing of nominations to be published at least once in a newspaper published in the Town of Smyrna,. if there be none such, then in one published in Kent County, Delaware, prior to the time for filing nominations, and except also that notice of the time and place of the holding of such special election shall also be published in the same manner as provided for notice of nominations in at least one issue of said newspaper prior to the date of such special election, and except also that all persons qualified to vote at the last annual Town election preceding such special election and also all qualified residents who became eighteen years of age between the time of the last annual election and such special election shall be elig-ible to vote at such special election. Any person who is a member of Council when such vacancy occurs and when such special election is held shall be eligible for nomination and election as Mayor if when so nominated and elected he has the required qualifications and he need not re- 1484 Chapter 421 Chapter 421 1485 sign as a member of Council to be nominated or elected, but if duly elected as Mayor he shall resign as a member of Council before entering upon his duties as Mayor, and in such event the vacancy in Council so caused by his resignation shall be filled by the other members of Council for his unexpired term. Section 2. Amend Section 10, Chapter 192, Volume 36, Laws of Delaware, by striking the second paragraph of the subsection entitled, "Compensation", and substituting in lieu thereof the following: "The Mayor and each other member of Council shall re-ceive the sum of ten dollars ($10.00) for each regular Council meeting or special meeting attended by such person. Any mem-ber sitting to hear appeals shall be paid the sum of ten dollars ($10.00) for each time. The payment shall be quarterly, starting with the first day of March, 1976." Approved July 8, 1974. 1486 CHAPTER 422 FORMERLY HOUSE BILL NO. 837 AN ACT TO AID CERTAIN CIVIC ORGANIZATIONS WHICH MAINTAIN EMERGENCY VEHICLES BY MAKING APPROPRIATIONS THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all members elected to each House concurring therein): Section 1. There is appropriated to the listed organizations the following sums to be used for the operation and maintenance of ambulances in the public service : American Legion, Sussex Post #8 Georgetown, Delaware $1,250 American Legion, Kent Post #14 Smyrna, Delaware : $1,250 Selbyville American Post #39, Inc. Selbyville, Delaware $1,250 Sussex Memorial Post #7422, V.F.W. Millsboro, Delaware : $1,250 TOTAL $5,000 Section 2. The above said sums shall be paid by the State Treasurer to said organizations within 3 months after the be-ginning of the fiscal year for which appropriated. Section 3. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. CHAPTER 423 FORMERLY HOUSE BILL NO. 836 AN ACT TO AID MID-SUSSEX RESCUE SQUAD, INC., WHICH IS ORGANIZED TO OPERATE AND MAIN-TAIN AN AMBULANCE IN THE PUBLIC SERVICE, BY MAKING AN APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all members elected to each House concurring therein): Section 1. There is appropriated to Mid-Sussex Rescue Squad Inc., the sum of $1,250 to be used for the maintenance and operation of an ambulance in the public service. Section 2. This appropriation shall be paid by the State Treasurer within three months after the beginning ut the fiscal year for which appropriated. Section 3. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. 1487 1488 CHAPTER 424 FORMERLY HOUSE BILL NO. 838 AN ACT MAKING AN APPROPRIATION TO DIAMOND STATE YOUTH, INC. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all members elected to each House thereof concurring therein): Section 1. The sum of $25,000 is appropriated to Diamond State Youth, Inc., a Delaware corporation. The said sum shall be paid by the State Treasurer upon a warrant signed by the Treasurer of the said corporation. Section 2. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. CHAPTER 425 FORMERLY HOUSE BILL NO. 839 AN ACT TO AID ORGANIZATIONS MAINTAINING RESI-DENTIAL FACILITIES BY MAKING APPROPRIA-TIONS THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House thereof concurring therein): Section 1. The sum of $5,000 is appropriated to Palmer Home, Incorporated, a corporation of the State of Delaware, for the care and maintenance of old age persons at the Palmer Home in Dover, for operation expenses. Section 2. The sum of $5,000 is appropriated to The Layton Home for Aged Persons for the care and maintenance of old age persons for operation expenses. Section 3. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. 1489 1490 CHAPTER 426 FORMERLY HOUSE BILL NO. 840 AN ACT TO AID VETERANS' ORGANIZATIONS BY MAK-ING AN APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House concurring therein): Section 1. The sum of $10,000 is appropriated to the Ameri-can Legion, Department of Delaware. Section 2. The sum of $10,000 is appropriated to the Veter-ans of Foreign Wars, Department of Delaware. Section 3. The sum of $5,000 is appropriated to the Dis-abled American Veterans, Department of Delaware. Section 4. The funds appropriated by Sections 1, 2, and 3 hereof shall be used to furnish services through a duly selected service officer to Delaware veterans of the Armed Forces of the United States, their widows and orphans by providing con-tact services in Sussex, Kent and New Castle counties. Section 5. The sum of $2,000 is appropriated to the Veterans of Foreign Wars, Department of Delaware, for operation ex-penses. Section 6. The sum of $2,000 is appropriated to the Ameri-can Legion, Department of Delaware, for operation expenses. Section 7. The sum of $2,000 is appropriated to the Disabled American Veterans of Delaware, for operation expenses. Section 8. The sum of $2,000 is appropriated to the Depart-ment of Delaware Jewish War Veterans of the United States for operation expenses. Section 9. The sum of $1,500 is appropriated to the Dela-ware Veterans of World War 1 for operation expenses. Chapter 426 1491 Section 10. The sum of $1,000 is appropriated to the Para-lyzed Veterans of America, Department of Delaware, Inc. for operation expenses. Section 11. Expenses for Memorial Day Programs incurred by local Posts in Sussex, Kent and New Castle counties may be reimbursed out of operation expenses appropriated by Sections 5, 6, 7, 8, 9 and 10 of this Act on vouchers properly submitted to and approved by their representative Veterans Organization. Section 12. The sum of $1,500 is appropriated to the Ameri-can Legion, Department of Delaware, for the bearing of ex-penses incident to the holding of Boys' State. Section 13. The sum of $1,500 is appropriated to the Ameri-can Legion Auxiliary, Department of Delaware, for the bearing of expenses incident to the holding of Girls' State. Section 14. The sums herein shall be paid to the Finance Officer of the respective veterans' organizations, upon warrants signed by the proper Finance Officer and approved by the Secre-tary, Department of Finance. Section 15. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. 1492 CHAPTER 427 FORMERLY HOUSE BILL NO. 835 AN ACT TO AID DELAWARE STATE FAIR, INC., BY MAK-ING AN APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House thereof concurring therein) : Section 1. The sum of $25,000 is appropriated to Delaware State Fair, Inc., a corporation of the State of Delaware, to be used for prizes for achievements in agriculture, animal raising and in works of manual training and the domestic arts to be awarded at the annual State Fair. Section 2. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. CHAPTER 428 FORMERLY HOUSE BILL NO. 860 AN ACT TO AID THE DELAWARE GUIDANCE SERVICES FOR CHILDREN AND YOUTH, INC., BY MAKING AN APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the 'members elected to each Home thereof concurring therein) : Section 1. The sum of $25,000 is hereby appropriated to the Delaware Guidance Services for Children and Youth, Inc. Section 2. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. 1493 1494 CHAPTER 429 FORMERLY HOUSE BILL NO. 834 AN ACT TO AID DELAWARE SAFETY COUNCIL, INC., ENGAGED IN EDUCATING THE PEOPLE OF THIS STATE AS TO SAFETY BY MAKING AN APPRO-PRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House thereof concurring therein): Section 1. The sum of $25,000 is appropriated to the Dela-ware Safety Council, Inc., to be used for the operations of the Council in educating the public as to safety. Section 2. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. CHAPTER 430 FORMERLY HOUSE BILL NO. 833 AN ACT TO AID WHYY, INC. ENGAGED IN EDUCATING THE PEOPLE OF THIS STATE BY MAKING AN AP-PROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House thereof concurring therein): Section 1. The sum of $100,000 is appropriated to WHYY, Inc. to be used to aid and support the operation of WHYY-TV as an educational, non-profit, non-commercial, instructional and cultural television serving the State. Section 2. This Act is a supplementary appropriation for the fiscal year ending June 30, 1975, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise appropriated. Approved July 8, 1974. 1495 1496 CHAPTER 431 FORMERLY HOUSE BILL NO. 832 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AID CERTAIN FIRE COMPANIES WHICH ARE ORGANIZED TO EXTINGUISH FIRES OR MAIN-TAIN AMBULANCES OR RESCUE TRUCKS, BY MAK-ING APPROPRIATIONS THEREFOR. Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each House concurring therein): Section 1. There is appropriated to the listed fire companies the following sums to be used for the prevention and extinguish-ment of fires throughout the State and for the maintenance of apparatus and equipment: New Castle County Aetna Hose, Hook and Ladder Co., Newark $ 4,000 Belvedere Volunteer Fire Co., Belvedere 4,000 Brandywine Hundred Fire Co. No. 1, Bellefonte 4,000 Christiana Fire Co., Christiana 4,000 Claymont Fire Co., Claymont 4,000 Cranston Heights Fire Co., Cranston Heights 4,000 Delaware City Fire Co., Delaware City 4,000 Elsmere Fire Co., Elsmere 4,000 Five Points Fire Co. No. 1, Richardson Park 4,000 Goodwill Fire Co. No. 1, New Castle 4,000 Hockessin Fire Co., Hockessin 4,000 Holloway Terrace Fire Co., Holloway Terrace 4,000 Mill Creek Fire Co., Marshallton 4,000 Minquadale Fire Co., Minquadale 4,000 Minquas Fire Co. No. 1, Newport 4,000 Odessa Fire Co., Inc., Odessa 4,000 Port Penn Volunteer Fire Co., Inc., Port Penn 4,000 Talleyville Fire Co., Inc., Talleyville 4,000 Townsend Fire Co., Inc., Townsend 4,000 Volunteer Hose Co., Inc., Middletown 4,000 Chapter 431 1497 Wilmington Manor Volunteer Fire Co., Inc. Wilmington Manor 4,000 Kent County Bowers Volunteer Fire Co., Inc., Bowers $ 4,000 Camden-Wyoming Fire Co., Camden 4,000 Carlisle Fire Co., Milford 4,000 Cheswold Volunteer Fire Co., Cheswold 4,000 Citizens' Hose Co. No. 1, Inc., Smyrna 4,000 Clayton Fire Co., Clayton 4,000 Robbins Hose Co. (Dover Fire Dept.), Dover 4,000 Farmington Volunteer Fire Co., Farmington 4,000 Felton Community Fire Co., Felton 4,000 Frederica Volunteer Fire Co., Frederica 4,000 Harrington Fire Co., Harrington 4,000 Hartly Volunteer Fire Co., Hartly 4,000 Houston Volunteer Fire Co., Houston 4,000 Leipsic Volunteer Fire Co., Leipsic 4,000 Little Creek Volunteer Fire Co., Little Creek 4,000 Magnolia Volunteer Fire Co., Magnolia 4,000 Marydel Volunteer Fire Co., Inc., Marydel 4,000 South Bowers Fire Co., South Bowers 4,000 Sussex County Bethany Beach Volunteer Fire Co., Bethany Beach $ 4,000 Blades Volunteer Fire Co., Inc., Blades 4,000 Bridgeville Volunteer Fire Co., Bridgeville 4,000 Dagsboro Valunteer Fire Co., Dagsboro 4,000 Delmar Fire Department, Delmar 4,000 Ellendale Volunteer Fire Co., Ellendale 4,000 Frankford Volunteer Fire Co., Frankford 4,000 Georgetown Fire Company, Inc., Georgetown 4,000 Greenwood Volunteer Fire Co., Greenwood 4,000 Gumboro Volunteer Fire Co., Inc., Gumboro 4,000 Indian River Volunteer Fire Co., Indian River 4,000 Laurel Fire Dept., Inc., Laurel 4,000 Lewes Fire Department, Inc., Lewes 4,000 Millsboro Fire Co., Millsboro 4,000 Milton Volunteer Fire Co., Milton 4,000 Millville Volunteer Fire Co., Inc., Millville 4,000 Rehoboth Beach Vol. Fire Co., Inc., Rehoboth Beach 4,000 1498 Chapter 431 Roxanna Volunteer Fire Co., Roxanna 4,000 Seaford Volunteer Fire Dept., Inc., Seaford 4,000 Selbyville Vol. Fire Co., Inc., Selbyville 4,000 Slaughter Beach Memorial Fire Co., Slanghter Beach 4,000 TOTAL $240,000 Section 2. There is appropriated to the following listed fire companies the following sums to be used for the maintenance and operation of ambulances in the public service: Aetna Hose, Hook and Ladder Co., Newark $ 1,250 Blades Volunteer Fire Co., Inc., Blades 1,250 Bridgeville Volunteer Fire Co., Bridgeville 1,250 Bowers Volunteer Fire Co., Inc., Bowers 1,250 Brandywine Hundred Fire Co., No. 1, Bellefonte 1,250 Camden-Wyoming Fire Co., Camden 1,250 Carlisle Fire Co., Milford 1,250 Cheswold Volunteer Fire Co., Cheswold 1,250 Christiana Fire Co., Christiana 1,250 Claymont Fire Co., Claymont 1,250 Cranston Heights Fire Co., Cranston Heights 1,250 Dagsboro Volunteer Fire Co., Dagsboro 1,250 Delaware City Fire Co., Delaware City 1,250 Delmar Fire Department, Delmar 1,250 Ellendale Volunteer Fire Co., Ellendale 1,250 Elsmere Fire Co., Elsmere 1,250 Felton Community Fire Co., Felton 1,250 Five Points Fire Co. No. 1, Richardson Park 1,250 Frankford Volunteer Fire Co. No. 1, Frankford 1,250 Goodwill Fire Co. No. 1, New Castle 1,250 Gumboro Volunteer Fire Co., Inc., Gumboro 1,250 Harrington Fire Co., Harrington 1,250 Hartly Volunteer Fire Co., Inc., Hartly 1,250 Holloway Terrace Fire Co., Holloway Terrace 1,250 Hockessin Fire Co., Hockessin 1,250 Laurel Fire Dept., Inc., Laurel 1,250 Leipsic Volunteer Fire Co., Leipsic 1,250 Lewes Fire Department, Inc., Lewes 1,250 Mill Creek Fire Co., Marshallton 1,250 Millville Volunteer Fire Co., Inc., Millville .1.250 Milton Volunteer Fire Co,. Milton 1,250 Minquadale Fire Co., Minquadale 1,250 Chapter 431 1499 Minquas Fire Co. No. 1, Newport 1,250 Rehoboth Beach Vol. Fire Co., Inc., Rehoboth Beach 1,250 Seaford Volunteer Fire Dept., Inc., Seaford 1,250 Slaughter Beach Memorial Fire Co., Slaughter Beach 1,250 Talleyville Fire Co., Inc., Talleyville 1,250 Wilmington Manor Volunteer Fire Co., Inc. Wilmington Manor 1,250 TOTAL $47,500 Section 3. There is appropriated to the following listed fire companies the following sums to be used for the maintenance and operation of rescue trucks in the public service: Aetna Hose, Hook and Ladder Co., Newark $ 1,250 Bethany Beach Volunteer Fire Co., Bethany Beach 1,250 Bowers Volunteer Fire Co., Inc., Bowers 1,250 Brandywine Hundred Fire Co. No. 1, Bellefonte 1,250 Bridgeville Volunteer Fire Co., Bridgeville 1,250 Camden-Wyoming Fire Co., Camden 1,250 Carlisle Fire Co., Milford 1,250 Cheswold Volunteer Fire Co., Cheswold 1,250 Christiana Fire Co., Christiana 1,250 Citizens' Hose Co. No. 1, Inc., Smyrna 1,250 Claymont Fire Co., Claymont 1,250 Clayton Fire Co., Clayton 1,250 Dagsboro Volunteer Fire Co., Dagsboro 1,250 Delaware City Fire Co., Delaware City 1,250 Delmar Fire Department, Delmar 1,250 Robbins Hose Co. (Dover Fire Dept.), Dover 1,250 Elsmere Fire Co., Elsmere 1,250 Farmington Volunteer Fire Co., Farmington 1,250 Felton Community Fire Co., Felton 1,250 Five Points Fire Co. No. 1, Richardson Park 1,250 Frederica Volunteer Fire Co. Frederica 1,250 Greenwood Fire Co. No. 1, Greenwood 1,250 Goodwill Fire Co. No. 1, New Castle 1,250 Harrington Fire Co., Harrington 1,250 Hartly Volunteer Fire Co., Inc., Hartly 1,250 Holloway Terrace Fire Co., Holloway Terrace 1,250 Indian River Volunteer Fire Co., Indian River 1,250 Laurel Fire Dept., Inc. Laurel 1,250 TOTAL $61,250 Section 4. There is appropriated to the listed fire companies the following sums to be used for the maintenance of aerial or platform trucks and for the training of personnel in the tech-niques of extinguishing highrise fires throughout the State of Delaware : New Castle County Atena Hose, Hook and Ladder Co. Newark $ 2,000 Brandywine Hundred Fire Co., No. 1 Bellefonte 2,000 Christiana Fire Co., Christiana 2,000 Claymont Fire Co., Claymont 2,000 Five Points Fire Co., No. 1, Richardson Park 2,000 Goodwill Fire Company No. 1, New Castle 2,000 Mill Creek Fire Company, Marshallton 2,000 Talleyville Fire Company, Inc., Talleyville 2,000 Volunteer Hose Co., Inc., Middletown 2,000 1500 Chapter 431 Leipsic Volunteer Fire Co., Leipsic 1,250 Lewes Fire Department, Inc., Lewes 1,250 Little Creek Volunteer Fire Co., Little Creek 1,250 Magnolia Volunteer Fire Co., Magnolia 1,250 Marydel Volunteer Fire Co., Inc., Marydel 1,250 Mill Creek Fire Co., Marshallton 1,250 Millsboro Fire Co., Millsboro 1,250 Millville Volunteer Fire Co., Inc., Millville 1,250 Milton Volunteer Fire Co., Milton 1,250 Minquadale Fire Co., Minquadale 1,250 Minquas Fire Co. No. 1, Newport 1,250 Port Penn Volunteer Fire Co., Inc., Port Penn 1,250 Rehoboth Beach Vol. Fire Co., Inc., Rehoboth Beach 1,250 Roxanna Volunteer Fire Co., Roxanna $ 1,250 Seaford Volunteer Fire Dept., Inc., Seaford 1,250 Selbyville Volunteer Fire Co., Inc., Selbyville 1,250 Slaughter Beach Memorial Fire Co., Slaughter Beach . . 1,250 South Bowers Fire Co., South Bowers 1,250 Talleyville Fire Co., Inc., Talleyville 1,250 Volunteer Hose Co., Inc., Middletown 1,250 Wilmington Manor Volunteer Fire Co., Inc., Wilmington Manor 1,250 Section 5. There is appropriated to the Mayor and Council of Wilmington the following sums to be used for: The prevention and extinguishment of fires throughout the City of Wilmington and for the maintenance of the apparatus and equipment of the 12 fire companies organized and equipped in the City. $48,000 The maintenance of aerial or platform trucks and for the training of personnel in the techniques of extinguishing high-rise fires throughout the City of Wilmington $6,000 Grand Total $432,750 Section 6. The above said sums shall be paid by the State Treasurer within three months after the beginning of the fiscal year for which appropriated. Section 7. This Act is a supplementary appropriation act for the fiscal year ending June 30, 1975, and the monies ap-propriated shall be paid by the State Treasurer out of monies in the General Fund of the State of Delaware not otherwise ap-propriated. Approved July 9, 1974 Chapter 431 1501 Kent County Carlisle Fire Company, Milford 2,000 Citizen's Hose Co., No. 1, Inc. Smyrna 2,000 Robbins Hose Co. (Dover Fire Dept.) Dover 2,000 Sussex County Lewes Fire Department, Inc., Lewes 2,000 Rehoboth Beach Vol. Fire Co., Inc. Rehoboth Beach 2,000 Seaford Volunteer Fire Dept., Inc., Seaford 2,000 $30,000 1502 CHAPTER 432 FORMERLY HOUSE BILL NO. 845 AN ACT TO AMEND ARTICLE 3, TITLE 5A, DELAWARE CODE ANNOTATED, RELATING TO THE LIABILITY OF PARTIES ON COMMERCIAL PAPER. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 3-401, Article 3, Titre 5A, Dela-ware Code Annotated, by adding the following subsection (3) : "(3) Every merchant who requires a fingerprint, in addition to the signature, as a condition precedent for accepting an instrument in payment for goods or services shall prominently display at least one conspicuous notice under the heading 'NOTICE TO CUSTOMERS' designed to inform the patrons of such a requirement." Section 2. This Act shall become effective thirty (30) days after it is signed into law by the Governor. Approved July 9, 1974. 1503 CHAPTER 433 FORMERLY HOUSE BILL NO. 573 AN ACT TO AMEND SECTION 504, CHAPTER 5. TITLE 31. DELAWARE CODE, RELATING TO CATEGORIES OF ASSISTANCE TO PROVIDE FOR STATE PARTICIPA-TION IN THE ADVANCEMENT OF TITLE XIX FUNDS UNDER TITLE XVI AND TITLE IV-A OF THE UNITED STATES SOCIAL SECURITY ACT OR OTHER SIMILAR PROGRAMS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 504, Chapter 5, Title 31, Delaware Code, by adding a new subdivision (7) to read as follows : "(7) Drug Draft System; in order to expedite the payment to druggists within the State of Delaware, in accordance with U.S. Title XIX of the Social Security Act and Federal Regulations promulgated thereunder, monies may be advanced from Appro-priated Funds pertaining to U.S. Title XIX drugs of the Social Security Act by the Secretary of the Department of Health and Social Services as is deemed necessary in order to insure timely payments of these obligations." Approved July 10, 1974. 1504 CHAPTER 434 FORMERLY HOUSE BILL NO. 1110 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND PARTS II AND III OF TITLE 5 OF THE DELAWARE CODE RELATING TO BANKING BY PROVIDING FOR A FRANCHISE TAX ON THE NET EARNINGS OF BANKS, NATIONAL BANKS, TRUST COMPANIES AND BUILDING AND LOAN ASSOCIA-TIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 11, Part II, Title 5 of the Dela-ware Code, by striking all subchapter titles and all sections thereof and substituting in lieu thereof the following: §1101. Tax on net earnings A franchise tax is hereby imposed on the net income of banks, trust companies and national banks. The net income on which such tax is imposed shall be that defined by the Federal Deposit Insurance Corporation (12 CFR 335) or other ap-propriate Federal authority and reported to the State Bank Commissioner pursuant to 5 Delaware Code, Section 904, re-duced by interest income from obligations of the State of Dela-ware and its political subdivisions, as well as any dividends and contributions to net income from subsidiaries, §1102. Statement to be filed with the Commissioner For purposes of assessment, the president, cashier or treas-urer of every bank, national bank and every trust company, shall, in each year, file with the December 31st call report, a true statement, verified by oath, setting forth the net income of such bank or trust company as defined in this chapter. §1103. Determination, certification, notification and review of tax (a) The State Bank Commissioner shall, after the 10th day of January and prior to the 15th day of February in each year, Chapter 434 1505 ascertain from an inspection of the statements filed for December 31 in accordance with Section 1102 of this title, and from any other sources of information which are open to him, the names and places of business of all banks, trust companies and national banks in this State, the amount of net income of each as defined in this chapter, and the amount of tax levied thereon in accord-ance with the provisions of this chapter. The amount determined to be the tax levied as afore-said, shall, within 15 days after same has been determined, be certified by the State Bank Commissioner to each bank, trust company and national bank. The assessment shall be reviewed and corrected by the State Bank Commissioner upon application by any party interested, prior to the first day of April in the year in which the tax is levied, if, upon such application, good cause be shown for correction. §1104. Date of payment and collection of tax Taxes imposed under this chapter are due and payable on or before the first day of May in the year in which they are assessed, and after that date shall be collected by the State Bank Com-missioner, together with a penalty of one percent for each month or fraction of a month that the same remain unpaid after that date. §1105. Rate of taxation The rate of tax upon the net income as defined in this chapter of banks, trust companies and national banks shall be seven and two-tenths percent. §1106. Disposition of taxes All moneys collected or received under this chapter shall be the moneys of the State of Delaware, and the State Bank Com-missioner shall pay all amount so collected and received into the General Fund of the State Treasury. §1107. Duties of the Attorney General The Attorney General shall act as the legal representative of the State of Delaware in all actions or proceedings had under this 1506 Chapter 434 chapter, and shall render legal assistance to the State Bank Com-missioner in executing the provisions hereof. §1108. State corporation income and other taxes: exemption Notwithstanding the provisions of Title 30 of the Delaware Code, all banks, trust companies and national banks being taxed in accordance with the provisions of this chapter, shall be ex-empt from the State corporation income tax as of January 1, 1974 and the taxation of income of banks, trust companies and national banks under this chapter shall be in lieu of occupational taxes or taxes upon the income, capital, and assets of such bank, except that no real estate owned or acquired by such bank or trust company shall be exempt from taxation." Section 2. Amend Part III, Title 5 of the Delaware Code, by adding a new Chapter 18, Taxation, to read as follows : "CHAPTER 18. TAXATION §1801. Annual Franchise Tax Every building and loan association created under this code, or any other law of this State, or any other state, or the United States of America, and doing business in this State, shall pay to the State Bank Commissioner, for the use of this State, an an-nual franchise tax equal to seven and two-tenths percent of its net earnings. The tax imposed shall be computed on the total annual net earnings after federal taxes, as computed through the application of generally accepted accounting principles for the next previous year of each building and loan association doing business in the State of Delaware. The computation shall be made on a fiscal year basis, whichever the building and loan association is using for its regular accounting. The computation shall be based on all operations and branches of the building and loan association and upon the annual net earnings of the building and loan association as an entirety. The computation shall be made after the calculation or allowance of any dividends or interest paid or credited on savings accounts and investment certificates or other apportionment of profits ; provided, however, that with respect to foreign building and loan associations admitted to do business in the State of Delaware the computation shall be based Chapter 434 1507 on that part of the yearly net earnings of the building and loan association as an entirety which bears the same ratio to the total annual net earnings of the building and loan association as an entirety as the total of all loans made by the building and loan association on the security of property located in Delaware bears to the total of all loans made by the building and loan association as an entirety, both as shown by the books of the building and loan association on the last day of the accounting year of the building and loan association. If by reason of any law of any foreign jurisdiction a building and loan association chartered in this State or admitted to do business in this State and doing business in such other jurisdiction is required to pay a franchise tax to said foreign jurisdiction based upon its savings accounts or free shares purchased in the State of Delaware, or is re-quired to pay to said foreign jurisdiction a tax on its gross receipts including its gross receipts from business done in the State of Delaware, or is required to pay to said foreign jurisdic-tion a tax on its income including income derived from business done in the State of Delaware, then the tax imposed by this section shall be reduced to the extent of any such franchise or gross receipts or income tax so paid to said foreign jurisdiction based on savings accounts or free shares purchaser in the State of Delaware, or on business done in the State of Delaware. §1802. Report of net earnings and payment of tax Within sixty days after the end of its fiscal year the building and loan association, acting through its president, treasurer, or other proper officer, shall report under oath to the State Bank Commissioner, the net earnings of the building and loan associa-tion for that next previous taxable period, and at the same time the building and loan association shall pay to the State Bank Commissioner the proper amount of tax for that period as computed under this chapter. §1803. Tax Hen If any building and loan association shall fail to pay any tax due under the provisions of this chapter, on or before the due date, the full amount of all such tax due the State shall be a lien in favor of the State upon all property and all rights to property, real or personal, belonging to such building and loan association. 1508 Chapter 434 In addition, a penalty of one percent shall be assessed for each month or fraction thereof that the same remain unpaid after such date. §1804. State corporation income tax; exemption All building and loan associations being taxed in accordance with the provisions of this chapter shall be exempt from the State corporation income tax beginning with the fiscal year for each such building and loan association in which this chapter shall become effective. §1805. Rules and regulations The State Bank Commissioner may, from time to time, adopt and promulgate rules and regulations for the reporting and collection of the franchise taxes imposed in accordance with this chapter and not inconsistant with the provisions of this title. §1806. Exemption from other taxes The taxation of the income of the building and loan asso-ciations under this chapter shall be in lieu of all taxes upon the capital, surplus, property and assets of such organization, except that no real estate owned by any such organization constituting the whole or any part of its capital, surplus or assets shall be exempt from taxation." Section 3. This act shall be effective as of January 1, 1974. For purposes of payment of the tax imposed by Section 2 of this Act, building and loan associations whose fiscal years end after January 1, 1974 and before January 1, 1975 shall pay the tax on that pro rata portion of the net earnings of the association accrued after January 1, 1974. Section 4. All other laws or parts of laws now in effect in-consistent with the provisions of this Act are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to the provisions of this Act. Approved July 10, 1974. 1509 CHAPTER 435 FORMERLY SENATE BILL NO. 433 AS AMENDED BY SENATE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 51, PART IV, TITLE 30 OF THE DELAWARE CODE RELATING TO STREET AID FOR MUNICIPALITIES Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §5161, Chapter 51, Part IV, Title 30 of the Delaware Code, by striking the definition of "street improve-ments" as set forth therein and by inserting in Ifeu thereof the following: " 'Street improvements' means construction, reconstruction, repair and maintenance of streets, including paving, repaving, grading and drainage, repairs, acquisition of rights-of-way; extension and widening of existing streets ; elimination of rail-road grade crossings; acquisition of trucks and other equipment necessary in the construction and maintenance of streets; re-moval of snow and ice and the laying of materials for traction; purchase and installation of street identification signs and traffic control signs; construction, reconstruction and repair of side-walks and under and overpasses necessary for pedestrian safety; administration and other necessary expenses in connection with such street improvements; and the expenses of law enforcement for the policing of the streets, including, but not limited to, salaries, equipment, vehicles and supplies." Section 2. Amend §5165, Chapter 51, Part IV, Title 30 of the Delaware Code, by striking said section, and substituting in lieu thereof the following: §5165. Expenditures of Funds by Municipalities; records, audits and regulations of municipalities (a) Each municipality shall keep all funds received from the State municipal aid fund in a separate bank account, designated 1510 Chapter 435 as 'municipal street aid fund' and may expend such funds as follows: (1) An amount not exceeding thirty percent (30%) of the annual grant may be used for the following purposes : the construction, installation, repair, maintenance or re-placement of water and sewer systems; the preparation or revision of comprehensive plans for urban renewal; the payment of principal and interest on any bonds issued for the purpose of subsection (i), notwithstanding that such indebtedness may have been incurred prior to May 27, 1972. (2) Any portion of the annual grant not expended pursuant to subsection (1) may be expended for the following purposes: street improvements; lighting of the streets and all expenses related thereto; payment of principal and interest on any bonds issued for street improvements. (b) Each municipality shall : furnish evidence annually to the Secretary of Finance that the municipal employees authorized to expend municipal street aid funds are bonded in an amount not less than the amount of such funds available to such municipality; submit annual reports to the Secretary of Finance showing the annual expenditures of municipal street aid funds; award contracts for street improvements which shall be in accordance INN' the provisions of Chapter 69, Title 29 of the Delaware Code, and any specifications of the Department of Highways and transportation; before June 15 of each year, file with the Secretary of Finance an affidavit signed by the Mayor, City Manager, or President of the Council of the municipality, setting forth the population of the municipality and the length of the usable streets therein. In the absence of the affidavit, the Secretary of Finance may, for the purpose of this Subchapter, use the most recent, accurate and acceptable figures as to the population and Chapter 485 1511 length of usable streets of a municipality. For the purpose of this Subchapter, the population of a municipality which is a summer resort shall be deemed to include all property owners entitled to vote in a municipal election. (5) before May 15 of each year, file with the Division of Highways (a) an affidavit as to population and (b) a tabulation of streets added during the past fiscal year which are dedicated to public use and maintained by their municipal forces. Said tabulation should include street names, starting and ending points and length in feet or miles and be accompanied by a map indicat-ing location of any new streets. (c) Pending expenditure of funds received pursuant to §5163 of this Title, a municipality may make short-term investments of such funds in United States government securities and may deposit up to $50,000 in any bank or savings and loan association interest-bearing accounts or certificates guaranteed by any agency of the United States government. Any interest earned on such investments or deposits shall be used for the purpose set forth in subsection (a) (2) of this section. Such investments or deposits shall not be deemed to be 'expenditures' of the funds as set forth in subsection (a) of this section." Section 3. Amend §5166, Chapter 51, Part IV, Title 30 of the Delaware Code, by designating all of the present section as sub-section (a), and by adding a new subsection thereto, which shall read as follows : "(b) Upon report by the State Auditor of Accounts that expenditures of municipal street aid funds have been made by a municipality for purposes other than as set forth in this Sub-chapter, the Secretary of Finance and/or the State Treasurer shall withhold all further payments of municipal street aid funds to such municipality until : the Attorney General or the courts of this State shall have found the disputed expenditures to have been proper ; or the municipality shall have reimbursed the municipal street aid funds to the extent of the improper expenditures ; or the municipal official or employee responsible has made restitution to the fund as set forth in subsection (a) of this section." 1612 Chapter 435 Section 4. Any municipality which, prior to the enactment date of this Act, has spent more than the percentage designated in a category permitted by Chapter 51, Title 30 of the Delaware Code shall be deemed, nevertheless, to have substantially compiled with the requirements of said Chapter 51, Title 30, and no municipality shall be penalized for any such inbalance in its expenditure of Municipal Street Aid funds. Any municipality which have overspent funds, but on projects permitted under §5165, shall be permitted to carry such accounts forward. Approved July 10, 1974. 1513 CHAPTER 436 FORMERLY SENATE BILL NO. 339 AN ACT TO CLARIFY THE PENSION ELIGIBILITY OF JUDGE A. JAMES GALLO AND ROBERT H. WAHL. WHEREAS, the General Assembly of the State of Delaware saw fit to enact Volume 57, Laws of Delaware, Chapter 228, which changed the responsibility for maintenance of the Court of Common Pleas for New Castle County from the County of New Castle to the State of Delaware ; and WHEREAS, that Act became effective February 1, 1969; and WHEREAS, by the terms of said legislative act it was provided inter alia that no employee of the Court shall lose any benefits as a result of its enactment; and WHEREAS, it was intended that all personnel including the judges of the Court should thus be protected from loss of benefits ; and WHEREAS, the State Board of Pension Trustees for the State Employees' Retirement Plan has ruled that former Judge A. James Gallo is not eligible under the Employees Pension Act because they are not giving him credit for his employment as he would have received it under the County Pension Act ; and WHEREAS, it is the desire of the General Assembly to clarify this situation with regard to both judges who were serving in the Court of Common Pleas at the time of passage of the aforementioned Act ; and WHEREAS, it is the intention of the General Assembly that the two judges who were serving in the Court of Common Pleas of New Castle County on July 1, 1969 shall receive full pension time credit for all time served as an employee of the State of Delaware, County of New Castle, City of Wilmington, General Assembly of the State of Delaware, and any other governmental agency within the State of Delaware whether in judicial capacity or otherwise ; and 1514 Chapter 436 WHEREAS, this situation developed because of the passage by the General Assembly of the State of Delaware of the afore-mentioned Act so as to effect this transfer during the terms of the existing judges instead of permitting it to become effective as the terms of the respective judges expired ; and WHEREAS, the General Assembly desires to rectify this unfair situation by crediting all time of employment by govern mental agencies (which is not already credited) to pension time. NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. That A. James Gallo, a judge of the Court of Common Pleas for New Castle County on July 1, 1969, is hereby credited with fifteen (.15) years of covered employment under the State Employees' Pension Plan. This credit to be for purpose of calculation of both time served and amount of pension to be received. His pension shall be the greater of the pension determined under Chapter 228, Volume 57, Laws of Delaware, or under the statutory pension system of the county in which he was employed on June 30, 1969, as such statutory pension system was in effect on June 30, 1969, with the amount of any such pension to be determined by using his total period of service as credited by this Act. Section 2. That Robert H. Wahl, who was a judge of the Court of Common Pleas for New Castle County on July 1, 1969, is hereby given credit for an additional four (4) years and eight (8) months of service in covered employment under the judicial Pension Act. This additional credit is for the purposes of calcula-tion of both time served and amount to be received under the said Judicial Pension Act. This credit is in addition to any time served as a Judge as presently provided for in the said Judicial Pension Act. Approved July 10, 1974 CHAPTER 437 FORMERLY HOUSE BILL NO. 801 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 1, TITLE 8, DELAWARE CODE, RELATING TO THE GENERAL CORPORATION LAW. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 109 of Title 8, Delaware Code, by striking the present subsection (a) thereof and inserting in lieu thereof a new subsection (a) to read as follows : "(a) The original or other by-laws of a corporation may be adopted, amended, or repealed by the incorporators, by the initial directors if they were named in the certificate of incorporation, or, before a corporation has received any payment for any of its stock, by its board of directors. After a corporation has received any payment for any of its stock, the power to adopt, amend or repeal by-laws shall be in the stockholders entitled to vote, or in the case of a nonstock corporation, in its members entitled to vote ; provided, however, any corporation may, in its certificate of incorporation, confer the power to adopt, amend, or repeal by-laws upon the directors or, in the case of a non-stock corporation, upon its governing body by whatever name designated. The fact that such power has been so conferred upon the directors or governing body, as the case may be, shall not divest the stock-holders or members of the power, nor limit their power to adopt, amend or repeal by-laws." Section 2. Amend Section 141 of Title 8, Delaware Code, by striking the first sentence of sub3ection (a) thereof in its entirety and inserting in lieu thereof a new first sentence to read as follows : "(a) The business and affairs of every corporation organized under this chapter shall be managed by or under the direction of a board of directors, except as may be otherwise provided in this chapter or in its certificate of incorporation." 1515 1516 Chapter 437 Section 3. Amend Section 141 of Title 8, Delaware Code, by inserting in subsection (b) thereof a new sentence immediately following the third sentence thereof to read as follows : "The certificate of incorporation or by-laws may prescribe other qualifications for directors." Section 4. Amend Section 141 of Title 8, Delaware Code, by inserting in subsection (d) thereof two new sentences following the last sentence of the present section to read as follows : "The certificate of incorporation may confer upon holders of any class or series of stock the right to elect one or more directors who shall serve for such term, and have such voting powers as shall be stated in the certificate of incorpora-tion. The terms of office and voting powers of the directors elected in the manner so provided in the certificate of incorporation may be greater than or less than those of any other director or class of directors." Section 5. Amend Section 141, Title 8, Delaware Code, by adding a new subsection (k) to read as follows : "(k) Any director or the entire board of directors may be removed, with or without cause, by the holders of a majority of the shares then entitled to vote at an election of directors, except as follows : Unless the certificate of incorporation otherwise pro-vides, in the case of a corporation whose board is classified. as provided in subsection (d) of this section, shareholders may effect such removal only for cause; or In case of a corporation having cumulative voting, if less than the entire board is to be removed, no director may be removed without cause if the votes cast against his removal would be sufficient to elect him if then cumulatively voted at an election of the entire board of directors, or, if there be classes of directors, at an election of the class of directors of which he is a part. Whenever the holders of any class or series are entitled to elect one or more directors by the provisions of the certificate of incorporation, the provisions of this subsection shall apply, in Chapter 437 1517 respect to the removal without cause of a director or directors so elected, to the vote of the holders of the outstanding shares of that class or series and not to the vote of the outstanding shares as a whole." Section 6. Amend Section 142, Title 8, Delaware Code, by deleting subsection (a) thereof in its entirety and inserting in lieu thereof a new subsection (a) to read as follows : "(a) Every corporation organized under this chapter shall have such officers with such titles and duties AS shall be stated in the by-laws or in a resolution of the board of directors which is not inconsistent with the by-laws and as may be necessary to enable it to sign instruments and stock certificates which comply with sections 103 (a) (2) and 158 of this chapter. One of the officers shall have the duty to record the proceedings of the meetings of the stockholders and directors in a book to be kept for that purpose. Any number of offices may be held by the same person unless the certificate of incorporation or by-laws otherwise provide." Section 7. Amend Section 145, Title 8, Delaware Code, by deleting subsection (h) thereof in its entirety and by inserting in lieu thereof a new subsection (h) to read as follows : "(Ii) For purposes of this Section, references to 'the corpor-ation' shall include, in addition to the resulting corporation, any constitutuent corporation (including any constitutuent of a con-stituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, and employees or agents, so that any persons who is or was a director, officer, employee or agent of such constitutent corporation, or is or was serving at the request of such constituent corporation as a dir-ector, officer, employee or agent of another corporation, partner-ship, joint venture, trust or other enterprise, shall stand in the same position under the provisions of this Section with respect to the resulting or surviving corporation as he would have with respect to such constituent corporation if its separate existence had continued." Section 8. Amend Section 152, Title 8, Delaware Code, by striking said section in its entirety and by inserting in lieu thereof a new Section 152 to read as follows : 1518 Chapter 437 §152. Issuance of stock, lawful consideration; fully paid stock The consideration, as determined pursuant to subsections (a) and (b) of Section 153 of this title, for subscriptions to, or the purchase of, the capital stock to be issued by a corporation shall be paid in such form and in manner as the board of directors shall determine. In the absence of actual fraud in the transaction, the judgment of the directors as to the value of such consideration shall be conclusive. The capital stock so issued shall be deemed to be fully paid and nonassessable stock, if : (1) the entire amount of such consideration has been received by the corporation in the form of cash, services rendered, personal property, real property, leases of real property, or a combination thereof ; or (2) not less than the amount of the considerat'on determined to be capital pursuant to Section 154 of this title has been received by the corporation in such form and the corporation has received a binding obligation of the subscriber or purchaser to pay the balance of the subscription or purchase price ; pro-vided, however, nothing contained herein shall prevent the board of directors from issuing partly paid shares under Section 156 of this title." Section 9. Amend Section 160, Title 8, Delaware Code, by adding the following sentence to paragraph (1) of subsection (a) thereof : "Nothing in this subsection shall invalidate or otherwise affect a note, debenture or other obligation of a corporation given by it as consideration for its acquisition by purchase, redemption or exchange of its shares of stock if at the time such note, de-benture or obligation was delivered by the corporation its capital was not then impaired or did not thereby become impaired." Section 10. Amend Section 173, Title 8, Delaware Code, by striking said section in its entirety and inserting a new section to read as follows: 1173. Declaration and payment of dividends "No corporation shall pay dividends except in accordance with the provisions of this chapter. Dividends may be paid in cash, in property, or in shares of the corporation's capital stock. If the dividend is to be paid in shares of the corporation's there- Chapter 437 1519 tofore unissued capital stock the board of directors shall, by resolution, direct that there be transferred from surplus to the capital account in respect of such shares an amount which is not less than the aggregate par value of par value shares being de-clared as a dividend and, in the case of shares without par value being declared as a dividend, such amount as shall be determined by the board of directors. No transfer from surplus to capital shall be necessary if shares are being distributed by a corporation pursuant to a split-up or division of its stock rather than as payment of a dividend declared payable in stock of the corpora-tion." Section 11. Amend Section 245, Title 8, Delaware Code, by striking subsection (d) thereof and inserting a new subsection (d) in lieu thereof to read as follows : "(d) A restated certificate of incorporation shall be ex-ecuted, acknowledged, filed and recorded in accordance with Section 103 of this title. Upon its filing with the Secretary of State, the original certificate of incorporation, as theretofore amended or supplemented, shall be superceded ; thenceforth, the restated certificate of incorporation, including any further amendments or changes made thereby, shall be the certificate of incorporation of the corporation, but the original date of incorporation shall remain unchanged." Section 12. Amend Section 251, Title 8, Delaware Code, by inserting in subsection (b) thereof a new sentence at the end of said subsection, to read as follows : "Any of the terms of the agreement of merger or Consolida-tion may be made dependent upon facts ascertainable outside of such agreement, provided that the manner in which such facts shall operate upon the terms of the agreement is clearly and ex-pressly set forth in the agreement of merger or consolidation." Section 13. Amend Section 251, Title 8, Delaware Code, by inserting in subsection (c) thereof a new sentence at the end of said subsection to read as follows : "In lieu of filing and recording the agreement or merger or consolidation, the surviving or resulting corporation may file a certificate of merger or consolidation, executed in accordance with 1520 Chapter 437 section 103 of this title, which states (1) the name and state of incorporation of each of the constituent corporations, (2) that an agreement of merger or consolidation has been approved, adopted, certified, executed and acknowledged by each of the constituent corporations in accordance with this subsection, (3) the name of the surviving or resulting corporation, (4) the amendments or changes, if any, in the certificate of incorporation of the surviving corporation that are to be effected by merger or consolidation, or, if none, that the certificate of incorporation of one of the constituent corporations, naming it, shall be the certificate of incorporation of the surviving or resulting corpora-tion, (5) that the executed agreement of consolidation or merger is on file at the principal place of business of the surviving corporation, stating the address thereof and (6) that a copy of the agreement of consolidation or merger will be furnished by the surviving corporation, on request and without cost, to any stockholder of any constituent corporation." Section 14. Amend Section 251, Title 8, Delaware Code, by inserting in subsection (f) thereof a new sentence at the end of the first sentence thereof to read as follows : "No vote of stockholders of a constituent corporation shall be necessary to authorize a merger or consolidation if no shares of the stock of such corporation shall have been issued prior to the adoption by the board of directors of the resolution approving the agreement of merger of consolidation." Section 15. Amend Section 252, Title 8, Delaware Code, by inserting in subsection (b) thereof a new sentence at the end of said subsection, to read as follows: "Any of the terms of the agreement of merger or consolida-tion may be made dependent upon facts ascertainable outside of such agreement, provided that the manner in which such facts shall operate upon the terms of the agreement is clearly and expressly set forth in the agreement of merger or consolidation." Section 16. Amend Section 252, Title 8, Delaware Code, by inserting in subsection (c) thereof a new sentence at the end of said subsection, to read as follows : Chapter 437 1521 "In lieu of filing and recording the agreement of merger or consolidation, the surviving or resulting corporation may file a certificate of merger or consolidation, executed in accordance with section 103 of this title, which states (1) the name and state of incorporation of each of the constituent corporations, (2) that an agreement of merger or consolidation has been approved, adopted, certified, executed and acknowledged by each of the the constituent corporations in accordance with this subsection, (3) the name of surviving or resulting corporation, (4) if the surviving corporation is a corporation of this State, the amend-ments or changes, if any, in the certificate of incorporation of the surviving corporation that are to be effected by the merger or consolidation, or, if none, that the certificate of incorporation of one of the constituent Delaware corporations, naming it, shall be the certificate of corporation of the surviving or resulting corpor-ation, (5) if the surviving corporation is not a corporation of this State, the certificate of incorporation of the surviving corpora-tion, with such amendments as are effected by the merger or con-solidation, shall be set forth in full, (6) that the executed agree-ment of consolidation or merger is on file at the principal place of business of the surviving corporation and the address thereof, (7) that a copy of the agreement of consolidation or merger will be furnished the surviving corporation, on request and without cost, to any stockholder of any constituent corporation, (8) if the corporation surviving or resulting from the merger or consolida-tion is to be a corporation of this State, the authorized capital stock of each constituent corporation which is not a corporation of this State, and (9) the agreement, if any, required by sub-section (d) of this section." Section 17. Amend Section 254, Title 8, Delaware Code, by inserting in subsection (c) thereof a new sentence at the end of said subsection, to read as follows : "Any of the terms of the agreement of merger or consolida-tion may be made dependent upon facts ascertainable outside of such agreement, provided that the manner in which such facts shall operate upon the terms of the agreement is clearly and ex-pressly set forth in the agreement of merger or consolidation." Section 18. Amend §254, Title 8, Delaware Code, by inserting subsection (d) thereof a new sentence at the end of said sub-section to read as follows : 1522 Chapter 437 "In lieu of filing and recording the agreement of merger or consolidation, the surviving or resulting corporation may file a certificate of merger or consolidation, executed in accordance with section 103 of this title, which states (1) the name and state of domicile of each of the constituent entities, (2) that an agree-ment of merger or consolidation has been approved, adopted, certified, executed and acknowledged by each of the constituent entities in accordance with this subsection, (3) the name of the surviving or resulting corporation, (4) the amendments or changes, if any, in the certificate of incorporation of the sur-viving corporation that are to be effected by the merger or con-solidation, or, if none, that the certificate of incorporation of one of the constituent corporations, naming it, shall be the certificate of incorporation of the surviving or resulting corporation, (5) that the executed agreement of consolidation or merger is on file at the principal place of business of the surviving corporation and the address thereof, and (6) that a copy of the agreement of con-solidation or merger will be furnished by the surviving corpor-ation, on request and without cost, to any stockholder of any constituent entity." Section 19. Amend §255, Title 8, Delaware Code, by inserting in subsection (b) thereof a new sentence at the end of said sub-section, to read as follows : "Any of the terms of the agreement of merger or consolidation may be made dependent upon facts ascertainable outside of such agreement, provided that the man-ner in which such facts shall operate upon the terms of the agree-ment is clearly and expressly set forth in the agreement of merger or consolidation." Section 20. Amend Section 255, Title 8, Delaware Code, by inserting in subsection (c) thereof a new sentence at the end of said subsection, to read as follows : "The provisions set forth in the last sentence of Section 251 (c) shall apply to a merger under this Section, and the reference therein to 'stockholder' shall be deemed to include 'member' here-under." Section 21. Amend §256, Title 8, Delaware Code, by inserting in subsection (b) thereof a new sentence at the end of said sub-section, to read as follows : Chapter 437 1523 "Any of the terms of the agreement of merger or consolida-tion may be made dependent upon facts ascertainable outside of such agreement, provided that the manner in which such facts shall operate upon the terms of the agreement is clearly and ex-pressly set forth in the agreement of merger or consolidation." Section 22. Amend Section 256, Title 8, Delaware Code, by inserting in subsection (c) thereof a new sentence at the end of said subsection, to read as follows : "Insofar as they may be applicable, the provisions set forth in the last sentence of Section 252 (c) shall apply to a merger under this Section, and reference therein to 'stockholder' shall be deemed to include 'member' hereunder" 1Section 23. Amend §257, Title 8, Delaware Code, by inserting in subsection (b) thereof a new sentence at the end of said sub.section to read as follows : "Any of the terms of the agreement of merger or consolida-tion may be made dependent upon facts ascertainable outside of such agreement, provided that the manner in which such facts shall operate upon the terms of the agreement is clearly and ex-pressly set forth in the agreement of merger or consolidation." Section 24. Amend Section 257, Title 8, Delaware Code, by inserting in subsection (c) thereof a new sentence at the end of said subsection, to read as follows : "Insofar as they may be applicable, the provisions set forth in the last sentence of Section 251 (c) shall apply to a merger under this Section, and the reference therein to 'stockholder' shall be deemed to include 'member' hereunder." Section 25. This act shall take effect on July 1, 1974. Section 26. All rights, privileges and annuities vested or accrued by and under any laws enacted prior to the adoption or amendment of this act, all suits pending, or rights of actions con-vened, and/or duties, restrictions, liabilities and penalties im-posed or required by and under laws enacted prior to the adoption or amendment of this act, shall not be impaired, dim-inished or affected by this act. Approved July 11, 1974 1524 CHAPTER 438 FORMERLY HOUSE BILL NO. 807 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND SUBCHAPTER XV, TITLE 8, DELA-WARE CODE RELATING TO EXCEPTIONS TO QUAL-IFICATION REQUIREMENTS FOR FOREIGN CORPOR-ATIONS, TO EXCEPT CORPORATIONS MAKING OR ACQUIRING LOANS OR SECURING OR COLLECTING DEBTS. Be it enacted by the General Assembly of the State of Dela-ware (two-thirds of all the members elected to each branch thereof concurring therein): Section 1. Amend §373 (a) , Subchapter XV, Title 8, Dela-ware Code, by adding thereto new subsections 6 and 7 to read as follows : "(6) If it creates, as borrower or lender, or acquires, evidences of debt, mortgages or liens on real or personal prop-erty; (7) If it secures or collects debts or enforces any rights in property securing the same." Approved July 11, 1974 CHAPTER 439 FORMERLY HOUSE BILL NO. 806 AN ACT TO AMEND CHAPTER 23, TITLE 6, OF THE DEL-AWARE CODE WITH REFERENCE TO INTEREST, BY ELIMINATING THE LIMITATIONS ON THE LEGAL RATE OF INTEREST FOR CERTAIN COMMERCIAL LOANS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §2301 of Title 6, Delaware Code, by adding thereto a new subsection (c) to read as follows: "(c) Notwithstanding any other provision in this Chapter to the contrary, there shall be no limitation on the rate of interest which may be legally charged for the loan or use of money, where the amount of money loaned or used exceeds $100,000.00, and where repayment thereof is not secured by a mortgage against the principal residence of any borrower." Approved July 11, 1974 1525 1526 CHAPTER 440 FORMERLY HOUSE BILL NO. 939 AN ACT TO AMEND CHAPTER 43, PART IV, TITLE 29 OF THE DELAWARE CODE RELATING TO NOTARY PUB. LIC COMMISSIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §4305, Chapter 43, Part IV, Title 29 of the Delaware Code, by adding the following sentences to the first paragraph of said section : "Any Notary Public who wishes to renew his or her commis-sions may request a four-year appointment which will be at the option of the Governor. The fee for a four-year term will be sixty dollars ($60.00) ." Section 2. Amend §4306, Chapter 43, Part IV, Title 29 of the Delaware Code, by striking the figure "$20" as the same appears in the second paragraph of said section, and substituting the figure "$30" in lieu thereof. Section 3. The effctive date of this Act is July 1, 1974. Approved July 11, 1974 CHAPTER 441 FORMERLY HOUSE BILL NO. 913 AS AMENDED BY HOUSE AMENDMENT NO. 4 AN ACT TO AMEND CHAPTER 7, TITLE 13, DELAWARE CODE RELATING TO MINORS' CONSENT TO DIAG-NOSTIC AND LAWFUL THERAPEUTIC PROCEDURES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §708 (a) of Chapter 7, Title 13, Delaware Code, by striking said paragraph (a) in its entirety and sub-stitute a new paragraph (a) to read as follows : A minor 12 years of age or over who professes to be either pregnant or afflicted with contagious, infectious or com-municable diseases within the meaning of Chapters 5 and 7 of Title 16, or who professes to be exposed to the chance of be-coming pregnant, may give written consent to any licensed physician, hospital or public clinic for any diagnostic, preventive, lawful therapeutic procedures, except abortion, medical or sur-gical care and treatment, including x-rays, by any physician licensed for the practice of medicine or surgery or osteopathic medicine or surgery in this State and by any hospital or public clinic, their qualified employees or agents while acting within the scope of their employment." Section 2. Amend §708 (b) of Chapter 7, Title 13, Delaware Code, by striking said section in its entirety and substitute a new paragraph (b) to read as follows: Consent so given by a minor 12 years of age or over shall, notwithstanding his minority, be valid and legally effective for all purposes, regardless of whether such minor's profession of pregnancy or contagious disease is subsequently medically con-firmed, and shall be binding upon such minor, his parents, legal guardians, spouse, heirs, executors and administrators as ef-fectively as if the minor were 21 years of age or over at the time of giving of the consent. A minor giving the consent shall be 1627 1528 Chapter 441 deemed to have the same legal capacity to act and the same legal obligations with regard to giving consent as if the minor were 21 years of age or over. Consent so given shall not be sub-ject to later disaffirmance by reason of such minority; and the consent of no other person or Court shall be necessary for the performance of the diagnostic and lawful therapeutic procedures, medical or surgical care and treatment rendered such minor." Section 3. Amend §708 (d) of Chapter 7, Title 13, Delaware Code, by striking said paragraph in its entirety and re-lettering all subsequent paragraphs to read accordingly. Approved July 11, 1974 I 1529 CHAPTER 442 FORMERLY HOUSE BILL NO. 626 AS AMENDED BY HOUSE AMENDMENT NO. 3 AN ACT TO AMEND CHAPTER 17 OF TITLE 6, DELAWARE CODE, RELATING TO LIMITED PARTNERSHIP. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §1724 (b) of Chapter 17, Title 6, Delaware Code, by inserting immediately after paragraph (7) a new para-graph to be designated as paragraph (8) to read as follows : "(8) There is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a con-tribution." Section 2. Amend §1719 (f) of Chapter 17, Title 6, Delaware Code, by striking said paragraph (f) in its entirety and substi-tute a new paragraph (f) to read as follows : "(f) The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate." Section 3. Amend 11704 of Chapter 17, Title 6, Delaware Code, by striking said section in its entirety and substitute a new §1704 to read as follows : 11704. Character of Limited Partner's Contribution The contributions of a limited partner may be in cash or other property, but not services." Section 4. Amend §1702 (a) of Chapter 17, Title 6, to read as follows : "(a) Two or more persons desiring to form a limited partnership shall 1530 Chapter 442 (1) Sign and swear to a certificate, which shall state: (A) The name of the partnership, which may contain the words 'company' or 'association', which shall be such as to dis-tinguish it upon the records in the office of the Secretary of State from the names of other partnerships reserved or registered under the law of this State, and which shall contain the words 'Limited Partnership' or the abbreviation 'L.P.' " Approved July 11, 1974. I CHAPTER 443 FORMERLY HOUSE BILL NO. 921 AN ACT TO AMEND CHAPTER 1, TITLE 8, DELAWARE CODE, RELATING TO THE GENERAL CORPORATION LAW. Be it enacted by the General Assembly of the State of Dela-ware (two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend §395 of Title 8, Delaware Code, by striking said section in its entirety and insert a new §395 to read as follows : "§395. Corporations using 'trust' in name, advertisements and otherwise; restrictions; violations and penalties; excep-tions Every corporation of this State using the word 'trust' as part of its name, except a corporation regulated under the Bank Holding Company Act of 1956, 12 U.S.C., Section 1841, et. seq., as that Act shall from time to time be amended, shall be under the supervision of the State Bank Commissioner of this this State and shall make not less than two reports during each year to the Commissioner, according to the form which shall be prescribed by him, verified by the oaths or affirmations of the president or vice-president, and the treasurer or secretary of the corporation, and attested by the signatures of at least three directors. No corporation of this State shall use the word 'trust' as part of its name, except a corporation reporting to and under the supervision of the State Bank Commissioner of this State or a corporation regulated under the Bank Holding Company Act of 1956, 12 U.S.C., Section 1841, et. seq., as that Act shall from time to time be amended. The name of any such corporation shall not be amended so as to include the word 'trust' unless such corpora-tion shall report to and be under the supervision of the Com-missioner, or unless it is regulated under the Bank Holding Company Act of 1956. 1531 1532 Chapter 443 (c) No person, firm, association of persons, or corporation of this State, except corporations reporting to and under the super-vision of the State Bank Commissioner of this State or corpora-tions regulated under the Bank Holding Company Act of 1956, 12 U.S.C., Section 1841 et. seq., as that Act shall from time to time be amended, shall advertise or put forth any sign as a trust company, or in any way solicit or receive deposits or transact business as a trust company, or in any way solicit or receive deposit or transact business as a trust company, or use the word 'trust' as a part of his, their or its name." Section 2. All rights, privileges and immunities vested or accrued by and under any laws enacted prior to the adoption or amendment of this Act, all suits pending, all rights of action con-ferred, and all duties, restrictions, liabilities and penalties im-posed or required by and under laws enacted prior to the adoption or amendment of this Act, shall not to impaired, diminished or affected by this Act, and further provided that any corporation heretofore incorporated in this State using the word "trust" in its corporate title and not engaged in any banking or trust company business shall not be prohibited from continuing to use such word in its corporate name and shall not be under the supervision of the State Bank Commissioner of this State unless and until it shall engage in the business of banking or that of a trust company. Section 3. This Act shall take effect on July 1, 1974. Approved July 11, 1974 CHAPTER 444 FORMERLY SENATE BILL NO. 308 AN ACT TO AMEND CHAPTER 21, TITLE 25, DELAWARE CODE, RELATING TO MORTGAGES AND OTHER IN-STRUMENTS SECURING OPTIONAL FUTURE AD-VANCES AND TO ACCORD LIEN PRIORITY TO SUCH MORTGAGES AND OTHER INSTRUMENTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 21, Title 25, Delaware Code, is hereby amended by adding a new §2118 to read as follows : "§2118. Mortgages and other instruments securing optional fu-ture advances (a) Any mortgage or other instrument given for the purpose of creating a lien on real property may, and when so expressed therein or when so expressed in a separate loan agreement speci-fically referred to therein and incorporated by reference (which loan agreement need not be recorded) shall secure not only exist-ing indebtedness, but also future advances, whether such ad-vances are obligatory or to be made at the option of the lender, or otherwise, as are made within five (5) years from the date thereof, to the same extent as if such future advances were made on the date of the excution of such mortgage or other instrument, although there may be no advance made at the time of the execution of such mortgage or other instrument and although there may be no indebtedness outstanding at the time any ad-vance is made. Such lien, as to third persons with or without actual knowledge thereof, shall be valid as to all such indebted-ness and future advances from the time the mortgage or other instrument is recorded or entered in the proper office as provided by law. The total amount of the indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed a maximum principal amount which must be specified in such mortgage or other instrument, plus interest thereon, service charges, and any disbursements made for the payment of taxes, 1533 1534 Chapter 444 assessments, or insurance on the property covered by the lien, with interest on such disbursements. As against the rights of creditors or subsequent purchasers for a valuable consideration, actual notice or record notice of advances to be made at the option of the lender, under the terms of such mortgage or other instrument, including the terms of such separate loan agreement specifically referred to therein and incorporated by reference, shall be valid only as to such advances as are to be made within five (5) years from the date of such mortgage or other instrument. Any such mortgage or other instrument, and all such existing indebtedness, future advances and disbursements there-under, interest thereon, and service charges, shall have prefer-ence to and priority over any lien which is subsequent in time to the time such mortgage or ottter instrument is recorded or entered in the proper office as provided by law. Nothing herein shall be construed to limit any agree-ment between the lender and the borrower as to the time period for the repayment of such existing indebtedness, future.advances and disbursements, interest, and service charges." Approved July 11, 1974. CHAPTER 445 FORMERLY SENATE BILL NO. 681 AN ACT TO AMEND CHAPTER 305, 59 LAWS OF DELA-WARE, BEING AN ACT ENTITLED "AN ACT TO IN-CREASE SALARIES OF EMPLOYEES CLASSIFIED UNDER THE MERIT SYSTEM AND THE SALARIES OF CERTAIN NON-CLASSIFIED EMPLOYEES" BY STRIKING CERTAIN PROVISIONS THEREIN. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 1 of Chapter 305, 59 Laws of Delaware, by striking paragraphs (c) and (e) in their entirety and relettering the remaining paragraphs accordingly. Approved July 11, 1974 1535 1536 CHAPTER 446 FORMERLY SENATE BILL NO. 60 AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF DELA-WARE, RELATING TO. THE UNIFORMITY OF TAXES; ASSESSMENT AND TAXATION OF LAND DEVOTED TO AGRICULTURE AND FOREST USE; COLLECTION UNDER GENERAL LAWS; EXEMPTION FOR PUBLIC WELFARE PURPOSES. Be it enacted by the General Assembly of the State of Dela-ware (two-thirds of all the members elected to each branch con-curring therein): Section 1. Amend Section 1 Article VIII of the Con-stitution of the State of Delaware by striking said section in its entirety and inserting in lieu thereof a new section to read as follows : "§1. Uniformity of taxes; assessment and taxation of land devoted to agriculture and forest use; collection under general laws; exemption for public welfare purposes All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, ex-cept as otherwise permitted herein, and shall be levied and col-lected under general laws passed by the General Assembly. County Councils of New Castle and Sussex Counties and the Levy Court of Kent County are hereby authorized to exempt from county taxation such property in their respective counties as in their opinion will best promote the public welfare. The county property tax exemption power created by this section shall be exclusive as to such property as is located within the respective counties with respect to real property located within the bound-aries of any incorporated municipality ; the authority to exempt such property from municipal property tax shall be exercised by the respective incorporated municipality ; then in the opinion of the said municipality it will best promote the public welfare. The legislature shall enact laws to provide that the value of land which is determined by the assessing officer of the taxing Chapter 446 1537 jurisdiction to be actively devoted to agriculture use and to have been so devoted for at least the two successive years immediately preceding the tax year in issue, shall, for local tax purposes, on application of the owner, be that value which such land has for agricultural use. Any such laws shall provide that when land which has been valued in this manner for local tax purposes is applied to a use other than for agriculture, it shall be subject to additional taxes in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the land been valued and assessed as otherwise pro-vided in this Constitution, in the current year and in such of the tax years immediately preceding, not less than two such years in which the land was valued as herein authorized. Such laws shall also provide for the assessment and col-lection of any additional taxes levied thereupon and shall include such other provisions as shall be necessary to carry out the provi-sions of this amendment." 1538 CHAPTER 447 FORMERLY SENATE BILL NO. 81 AN ACT PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 15 OF THE 1897 CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE COM-PENSATION, EXPENSES AND ALLOWANCES OF MEMBERS OF THE GENERAL ASSEMBLY. Be it enacted by the General Assembly of the State of Dela-ware (Two-thirds of the members of each House concurring therein): Section 1. Amend Article 11, Section 15 of the 1897 Constitu-tion of the State of Delaware by striking the present Section 15 in its entirety, and substituting in lieu thereof a new Section 15 which shall read as follows: "§15. Compensation, Expenses and Allowances of Members Section 15. The President of the Senate and members of the General Assembly shall receive an annual salary and an an-nual expense allowance for transporataion and such other neces-sary and proper purposes as the General Assembly shall by law provide. Funds appropriated hereunder shall be paid out of the Treasury of the State." CHAPTER 448 FORMERLY SENATE BILL NO. 458 1539 AN ACT TO AMEND SECTION 5935, TITLE 29, DELAWARE CODE, RELATING TO VETERAN'S PREFERENCE, BY PROVIDING EARNED VETERAN'S PREFERENCE TO QUALIFIED WIDOWS OF VETERANS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §5935, Title 29, Delaware Code, by adding thereto the following new sub-paragraph: "(6) Any preference points for which a veteran would qualify after complying with (1), (2) and (3) above, may be claimed by his unremarried widow, providing she achieves a passing examination grade." Approved July 12, 1974. 1540 CHAPTER 449 FORMERLY SENATE BILL NO. 679 AN ACT TO AUTHORIZE AND DIRECT THE TRANSFER OF MILTON SCHOOL NO. 196 TO TAIE TOWN OF MIL-TON. Be it enacted by the General Assembly of the State of Delaware: Section 1. The Governor and the Department of Administra-tive Services are authorized to transfer by deed and for a nominal consideration the Milton School No. 196 to the Town of Milton in accordance with the provisions. of Section 4520 (c), Chapter 45, Title 7 of the Delaware Code. Approved July 15, 1974. CHAPTER 450 FORMERLY HOUSE BILL NO. 970 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND SECTION 503, TITLE 8 OF THE DELA-WARE CODE EY ADDING A DEFINITION OF TOTAL ASSETS AND TOTAL GROSS ASSETS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members of each branch thereof concurring therein): Section 1. Section 503, Title 8, Delaware Code, is hereby amended by adding a new subsection (i) to read as follows : " (i) As used in subsections (a) and (b) of this section, the term 'total assets' and the term 'total gross assets' are identical terms and mean all assets of the corporation, net only of al-lowances for bad debts, accumulated depreciation, accumulated depletion, accumulated amortization of land and accumulated mortization of intangible assets. Such total assets and total gross assets shall be those 'Total Assets' reported to the United States on U.S. Form 1120 Schedule L, relative to thre company's fiscal year ending in the calendar year prior to filing with the Secretary of State pursuant to this section. If such Schednie is no longer in use, the Secretary of State shall designate a replacement. The Secretary of State may at any time require a true and correct copy of such Schedule to be filed with his offico. No corporation shall consolidate with its assets the assets of another entity for purposes of this section. If such Schedule or its replacement reports on a consolidated basis, the reporting corporation slat submit to the Secretary of State a reconcilia-tion of its reported total assets or total gross assets to the con-solidated Total Assets reported on the Schedule. 1541 Ioterests in entities which are consolidated with the report-ing company sitall be included within 'total assets' and 'total 1542 Chapter 450 gross assets' at a value determined in accordance with generally accepted accounting principles." Section 2. This Act shall take effect on January 1, 1975 and shall apply to franchise taxes for 1974 and all years thereafter. Approved July 16, 1974: CHAPTER 451 FORMERLY SENATE BILL NO. 613 AN ACT TO AMEND CHAPTER 1, PART I, TITLE 25 OF THE DELAWARE CODE RELATING TO THE FORM, ACKNOWLEDGMENT AND PROOF OF DEEDS AND OTHER LEGAL INSTRUMENTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Section 131, Subchapter II, Chapter 1, Part 1, Title 25 of the Delaware Code, by striking the figure "1955" as the same appears in the first sentence therein and substituting in lieu thereof the figure "1974". Approved July 15, 1974. 1543 1544 CHAPTER 452 FORMERLY SENATE BILL NO. 190 AN ACT TO AMEND CHAPTER I, TITLE 25, DELAWARE CODE BY ADDING A NEW SUBCHAPTER TO SAID CHAPTER TO BE DESIGNATED AS SUBCHAPTER V RELATING TO A SPECIAL POWER OF ATTORNEY FOR SMALL PROPERTY INTERESTS. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Chapter 1, Title 25, Delaware Code, by adding a new Subchapter to be designated as Subchapter V to read as follows : "SUBCHAPTER V. SPECIAL POWER OF ATTORNEY FOR SMALL PROPERTY INTERESTS ACT §175. Execution; purpose; approval If a resident of this state desires to execute a power of attorney in anticipation or because of infirmity resulting from injury, old age, senility, blindness, disease, or other related or similar cause as a means of providing for the care of his person or property or both, he shall sign the instrument in the presence of and with the approval of a judge of any court of record of the county in which the power is executed. The power is not invali-dated by reason of any subsequent change in mental or physical condition of the principal, including but not restricted to in-competency. The approval of the judge may be given only if: the principal requests approval ; the attorney in fact consents to serve; the judge is satisfied, after any examination and investi-gation he deems appropriate, that the principal is a person Chapter 452 1545 covered by this Act and reasonably understands the nature and purpose of the power, and that the attorney in fact is a suitable person to carry out the obligations imposed upon him ; and (4) the provisions of this Act have been observed. Approval may be given informally in chambers or other convenient place without the necessity of service of summons or other notice and shall be endorsed upon the face of the original of the instrument. The power remains valid until terminated as provided in this act. §176. Scope and applicability of the power (a) The power of attorney shall show or state : the fact of execution under the provisions of this Act; the time and the conditions under which the power is to become effective; the extent and scope of the power conferred ; who is to execise the power; and the annual income covered by the instrument and the nature or description and estimated value of the property, if any, to be affected ; and may state conditions and circumstances under which the power terminates. (b) The power may be restricted or it may grant complete authority to provide for the care of the principal's person and property. Except to the extent limited by the instrument creating the power or to the extent that court approval is required by the instrument, the attorney in fact without prior court approval may endorse checks and other instruments made payable to the prin-cipal; may sell, encumber, lease, or otherwise manage the principal's property ; and may execute and deliver deeds, con-veyancs, stock and bond transfers, contracts, and other instru-ments necessary to carry out the power. §177. Attorney in fact; filing of power (a) The attorney in fact may be an individual, a corporation authorized by law to act in a fiduciary capacity, an agency of government, a Community Fund or United Fund participating agency. 1546 Chapter 452 (b) The original power of attorney shall be filed in the office of the Prothonotary or clerk of the court whose judge approves the power. A certified copy shall be filed or recorded in the office of the Recorder of Deeds of the county of the principal's residence and of each county in which real property to be affected by an exercise of the power is located. Validity of power A power of attorney executed under authority of this Act which grants powers concerning property or income shall be approved only if limited to (1) property having a gross value not exceeding $60,000, excluding the capitalized value of any annual income, or (2) an annual money income covered by the instru-ment not exceeding $10,000. A performance bond shall not be filed unless required by a provision of the power. Removal of attorney in fact; appointment of successor If the attorney in fact or any successor dies, ceases to act, refuses or is unable to serve, resigns, fails to maintain or replace a bond, or is removed for cause by a court, a successor attorney in fact may be appointed by the principal. If the principal, without having revoked the power of attorney, fails or is unable to ap-point a successor within 30 days, a judge of the court which approved the power may appoint a successor, unless precluded from doing so by provisions of the original power of attorney. The appointment of a successor attorney in fact shall be in writ-ing. If the appointment is by the principal, it is subject to ap-proval by a judge of the court which approved the original power. The original and certified copies of the appointment of the successor shall be filed or recorded as required for an original power of attorney. Termination of power; filing; protection of third persons; acts done after termination (a) A power of attorney terminates on : written revocation by the principal ; death of the principal ; Chapter 452 1547 order of a court appointing a guardian, conservator, committee of person or property or both of the principal, unless the order otherwise provides; expiration or termination as specified in the power of attorney; or a determination by a judge of the approving court that the value of the property or the amount of the annual money income covered by the instrument has so increased that this Act is no longer appropriately applicable. The original resignation of an attorney in fact, a written revocation of the power of attorney by a principal, or a certified copy of the death certificate of the principal or of the attorney in fact or of any court judgment or order terminating the power of attorney or removing the attorney in fact for cause, shall be filed promptly in the office of the clerk of the court whose judge approved the power, and certified copies shall be filed or recorded promptly in all offices in which a certified copy of the original power of attorney is filed or recorded. A notation of the terminat-ing event shall be made by the clerk on the face of the original power of attorney. A person dealing with the attorney in fact is not re-quired to inquire into the validity or adequacy of proceedings involving an approval, filing or recording of the power of attorney, to determine if the principal or attorney in fact is qualified, or to determine whether the power may have been terminated if not yet shown by filing or recordation under sub-section (b). He is not required to inquire into the validity or propriety of any act of an attorney in fact apparently authorized by his approved power, or to assure the proper application by the attorney in fact of any money or property paid or delivered to him. The attorney in fact is liable to the principal and the principal's estate for all damage and loss the principal suffers because of the attorney's acts done after the attorney receives notice of the termination of his authority or after termination by provision of the power itself. After the power is terminated, other than by death of the principal, he may perform ministerial acts reasonable necessary to complete and conclude his duties. 1548 Chapter 452 Liability of attorney in fact Unless otherwise provided in the power of attorney, an at-torney in fact not compensated for his services is not liable for losses to the principal's property unless they result from in-tentional wrongdoing, gross negligence, or fraud. If he is compen-sated for his services, he is bound by standards of conduct and liability applicable to other fiduciaries. Expenses, compensation for services An attorney in fact is entitled to reimbursement for his reasonable expenses incurred in the performance of his duties and, unless precluded by the power of attorney, to reasonable compensation for his services, payable out of the income and assets subject to the power. The amount of compensation and time n! payment may be fixed in the power. Duty to account An attorney in fact shall account to the principal or his legal representative at times specified in the power of attorney, at any time directed by a judge of the approving court, and upon termination of the power or his authority ; and he shall deliver promptly to the principal, his legal representative, or a succes-sor attorney in fact all property held by him as attorney in fact upon termination of the power or his authority. Act limited to powers executed under it This Act governs only powers of attorney executed under it. It does not affect powers of attorney executed under other statutes or the common law of this state. Construction The provisions of this Act shall be liberally construed so as to effectuate its purposes. Severability If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be Chapter 452 1549 given effect without the invalid provision or application, and to this end the provisions of this Act are severable. §187. No jurisdiction in Justice of the Peace courts Other provisions of this subchapter notwithstanding the Justice of the Peace Courts shall not have jurisdiction under this subchapter." Approved July 17, 1974. 1550 CHAPTER 453 FORMERLY SENATE BILL NO. 48 AS AMENDED BY HOUSE AMENDMENT NOS. 1 & 3 AN ACT TO AMEND SECTION 1902, TITLE 14, DELAWARE CODE, BY EXEMPTING RESIDENTIAL PROPERTY OWNED BY CERTAIN PERSONS OVER THE AGE OF 65 FROM PAYMENT OF SCHOOL TAXES. Be it enacted by the General Assembly of the State of Dela-ware: Section 1. Amend Section 1902, Title 14, Delaware Code, by striking subsection (a) of said section, and by inserting in lieu thereof a new subsection (a) to read as follows : "(a) Any district may, in addition to the amounts ap-portioned to it by the State Board of Education or appropriated to it by the General Assembly, levy and collect additional taxes for school purposes upon the assessed value of real estate in such district, as determined and fixed for county taxation purposes and subject to any exemptions granted to persons over the age of 65 from county real estate taxation." Approved July 17, 1974. CHAPTER 454 FORMERLY SENATE BILL NO. 287 AS AMENDED BY SENATE AMENDMENT NO. 2 AND HOUSE AMENDMENT NOS. 1, 2, 3, 5, 6, 8, & 9 AN ACT TO AMEND CHAPTER 23, PART ii, TITLE 19 OF THE DELAWARE CODE RELATING TO WORKMEN'S COMPENSATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend §2301, Chapter 23, Part 11, Title 19 of the Delaware Code, by striking said section in its entirety, and sub-stituting in lieu thereof a new section, which shall read as fol-lows: §2301. Definitions As used in this chapter "Board" means the Industrial Accident Board ; "Child" includes stepchildren and adopted children and children to whom the deceased stood in loco parentis if members of the decedant's household at the time of his death, and includes posthumous children but not married children ; "Compensable ionizing radiation injury" means any harm-ful change in the human organism including damage to or loss of a prosthetic appliance arising out of and in the course of employ-ment and caused by exposure to ionizing radiation which renders the injured party disabled with the meaning of Sections 2324 and 2325 and/or permanently injured within the meaning of Section 2326; "Compensable occupational diseases" includes all occupa-tional diseases arising out of and in the course of employment only when the exposure stated in connection therewith has oc-curred during employment ; "Compensation" wherever the context requires it, includes surgical medical and hospital services, medicines and supplies, 1551 1552 Chapter 454 and funeral benefits provided for in this chapter. Nothing in this Chapter shall be construed to require a workman who in good faith relies on or is treated by prayer or spiritual means by a duly accredited practitioner of a well-known church to un-dergo any medical or surgical treatment, nor shall such work-man or his dependents be deprived of any compensation pay-ments to which he would have been entitled if medical or sur-gical treatment were employed. "Death" when mentioned as a cause for compensation under this chapter, means death resulting from violence to the physical structure of the body and its resultant effect when reasonably treated and occuring within 285 weeks after the accident, and compensable occupational diseases, as defined in this section, arising out of and in the course of the employment, provided that if death shall occur beyond 285 weeks after the accident, the Board may consider such death as a cause for compensation when the Board has a medical history on the case resulting from the payment of compensation for the injury which is alleged to have caused the death ; "Dependent" includes all persons other than the injured em-ployee who are entitled to compensation under the provisions of the elective schedule set forth in this chapter, and wherever the context requires it, includes the personal representatives and the widow or widower of the deceased, and guardians of infants or trustees for incompetent persons; "Employee" means every person in service of any corpor-ation (private, public, municipal or quasi-public), association, firm or person excepting those employers excluded by this sub-chapter under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, ex-cluding wife and minor children of a farm employer unless the wife or minor children is a bona fide employee of a farm employer and is named in an endorsement to the farmer employer's con-tract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his employer, and not including per-sons to whom articles or materials are furnished or repaired, or adopted for sale in the workman's own home, or on the premises not under the control or management of the employer ; and 'casual Chapter 454 1553 employment', as used in this paragraph, means employment for not over two weeks or a total salary during the employment not to exceed $100 and, subject to the above, repairs and maintenance of employer's regular business shall not be construed as casual employment; except, however, that everyone assigned to work under the provisions of sections 901-905 of Title 31, is specifical-ly designated an employee, notwithstanding any provisions of this 3ection to the contrary; "Employer" includes all those who employ others unless they are excluded from the application of this chapter by any pro-visions of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable ; employer shall also include the governing body for which employable relief recipients are assigned work under the provisions of Section 901- 905 of Title 31; "Executive officers" means the president, any vice-president, secretary, treasurer, or any other executive officer elected and empowered by the board of directors in accordance with the charter and the regularly adopted by-laws of the corporation ; ' "Injury" and "personal injury" means violence to the physical structure of the body, such disease or infection as natur-ally results directly therefrom when reasonably treated, and compensable occupational diseases and compensable ionizing radiation injuries arising out of and in the course of employment; "Insurance carrier" means any insurance corporation, mu-tual association or company, or interinsurance exchange which insures employers against liability under this chapter or against liability at common law' for accidential injuries to employees ; "Ionizing radiation" means any particulate or electromag-netic radiation capable of producing ions directly or indirectly in its passage through matter ; "Personal injury sustained by accident arising out of and in the course of the employment" : (1) Shall not cover an employee except while he is engaged in, on, or about the premises where his services are being performed, which are occupied by, or under the control of the employer (his presence being required by the nature of his employment), or while he is engaged elsewhere in or about his employer's businesi; 1554 Chapter 454 where his services require his presence as a part of such service at the time of the injury ; and (2) shall not include any injury caused by the willful act of another employee directed against him by reasons personal to such employee and not directed against him as an employee or be-cause of his employment ; "Willful self-exposure to occupational diseases" includes : (1) failure or omission to observe such rules and regulations as may be promulgated and posted in the plant by the employer tending to the prevention of occupational diseases ; and, (2) Failure or omission to truthfully state to the best of the employee's knowledge, in answer to inquiry made by the em-ployer, the location, duration and nature of previous employment of the employee in which he was exposed to any occupational diseases. "Services "and "supplies" mean all treatments and appara-tus, including glasses, artificial members, shoes and other correc-tive appliance made necessary by reason of the injuries sustained. Section 2. Amend §2303, Chapter 23, Part 11, Title 19 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new section, which shall read as follows : §2303. Territorial application of chapter (a) if an employee, while working outside the territorial limits of this State, suffers an injury on account of which he, or in the event of his death his dependents, would have been en-titled to the benefits provided by this Act had such injury oc-curred within this State, such employee, or in the event of his death resulting from such injury his dependents, shall be entitled to the benefits provided by this Act, provided that at the time of such injury : his employment is principally localized in this State ; or he is working under a contract of hire made in this State in employment not principally localized in any State ; or Chapter 454 1555 he is working under a contract of hire made in this State in employment principally localized in another State whose workmen's compensation law is not applicable to his employer ; or he is working under a contract of hire made in this State for employment outside the United States and Canada. (b) The payment or award of benefits under the workmen's compensation law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such injury or death to the benefits of this Act shall not be a bar to a claim for benefits under this Act, provided that claim under this Act is filed within two years after such injury or death. If compensation is paid or awarded under this Act : the medical and related benefits furnished or paid for by the employer under such other workmen's compensation law on account of such injury or death shall be credited against the medical and related benefits to which the employee would have been entitled under this Act had claim been made solely under this Act; the total amount of all income benefits paid or awarded the employee under such other workmen's compensation law shall be credited against the total amount of income benefits which have been due the employee under this Act had claim been made solely under this Act ; the total amount of death benefits paid or awarded under such other workmen's compensation law shall be credited against the total amount of death benefits under this Act. (c) If an employee is entitled to the benefits of this Act by reason of an injury sustained in this State in employment by an employer who is domiciled in another State and who has not secured the payment of compensation as required by this Act, the employer or his carrier may file with the Board a certificate, issued by the commission or agency of such other state having jurisdiction over workmen's compensation claims, certifying that such employer has secured the payment of compensation under the workmen's compensation law of such other state and that with respect to said injury such employee is entitled to the benefits provided under such law. In such event : 1556 Chapter 454 the filing of such certificate shall constitute an appoint-ment by such employer or his carrier of the Board as its agent for acceptance of the service of process in any proceeding brought by such employee or his dependents to enforce his or their rights under this Act on account of such injury ; the Board shall send to such employer or carrier, by registered or certified mail to the address shown on such certi-ficate, a true copy of any notice of claim or other process served on the Director by the employee or his dependents in any pro-ceeding brought to enforce his or their rights under this Act ; (i) if such employer is a qualified self-insurer under the workmen's compensation law of such other state, such employer shall, upon submission of evidence, satisfactory to the Board, of his ability to meet his liability to such employee under this Act, be deemed to be a qualified self-insurer under this Act ; (ii) if such employer's liability under the workmen's corn-pensation law of such other state is insured, such employer's car-rier, as to such employee or his dependents only, shall be deemed to be an insurer authorized to write insurance under and be sub-ject to this Act ; provided, however, that unless its contract with said employer requires it to pay an amount equivalent to the compensation benefits provided by this Act, its liability for in-come benefits or medical and related benefits shall not exceed the amounts of such benefits for which such insurer would have been liable under the workmen's compensation law of such other state; if the total amount for which such employer's insurance is liable under (3) above is less than the total of the compensa-tion benefits to which such employee is entitled under this Act, the Board may, if it deems it necessary, require the employer to file security, satisfactory to the Board, to secure the payment of benefits due such employee or his dependents under this Act ; and upon compliance with the preceding requirements of this subsection such employer, as to such employee only, shall be deemed to have secured the payment of compensation under this .Act. As used in this section : Chapter 454 1557 'United States' includes only the states of the United States and the District of Columbia ; 'State' includes any state of the Unitetl States, the Dis-trict of Columbia, or any Province of Canada ; 'Carrier' includes any insurance company licensed to write workmen's compensation insurance in any state of the United States or any state or provincial fund which insures em-ployers against their liabilities under a workmen's compensation law ; A person's employment is principally localized in this or another state when : 1) his employer has a place of business in this or such other state and he regularly works at or from such place of business ; or 2) if clause 1) foregoing is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state ; Any employee whose duties require him to travel reg-ularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provided that his employment is principally localized in this or another such state, and, unless such other state refuses jurisdiction, such agreement shall be given effect under this Act; 'Workmen's compensation law' includes 'occupational disease law'." Section 3. Amend §2306, Chapter 23, Part II, Title 19 of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof of a new section, which shall read as follows : §2306. Applicability to employers Except as otherwise indicated, this chapter shall apply to the employer and employee in any employment in which one or more employees are engaged. In all cases where an employer not subject to this chapter carries insurance to insure the payment of compensation to his employees, then in any and all such cases such employer and employees shall come under the provisions of this chapter, and all of the provisions thereof with the same force and effect as in cases where an employer is subject to this chapter. 1558 Chapter 454 Section 4. Amend §2309, Chapter 23, Part II, Title 19 of the Delaware Code, by striking said section in its entirety and sub-stituting in lieu thereof a new section, which shall read as follows : §2309. Applicability to State, Counties and political subdivisions This chapter shall apply to the State of Delaware, any gov-ernmental agency created by it, each county, city, town, township, incorporated village, school district, sewer district, drainage dis-trict, public or quasi-public corporation, or any other political subdivision of the State that has one or more employees, official or officer, whether elected or appointed. Section 5. Section 2313, Part II, Chapter 23, Title 19, Delaware Code, is amended by striking subsection (c) of said section, in its entirety and inserting in lieu thereof a new subsec-tion (c) , which shall read as follows : "(c) Whoever, being an employer refuses or neglects to make a report required by this section shall be fined not less than $25 nor more than $100 for each offense. In the event the em-ployer can show that the failure to make a report required by this section was caused by the refusal of the insurance carrier for the employer to report a reportable injury which the insurance car-rier had knowledge of and of which the employer had no knowledge, after written request therefor, the aforementioned fine may be levied against said insurance carrier. The fine shall be assessed by the Industrial Accident Board after the employer and /or the insurance carrier for the employer is given notice and a hearing on the violation. The fine shall be payable to the Indus-trial Accident Board Second Injury and Contingency Fund." Section 6. Section 2347, Part H, Chapter 23, Title 19, Dela-ware Code, is amended by striking the last paragraph of Section 2347 in its entirety and inserting in lieu thereof the following new last paragraph, which shall read as follows : "Compensation shall be paid by the Board to the employee after the filing of the employer's petition to review from the Industrial Accident Board Second Injury and Contingency Fund until the parties to an award or agreement consent to the termin-ation or until the Board enters an order upon the employer's peti. Chapter 454 1559 tion to review. After the parties to an award or agreement |
| Date Digital | 2010 |
| CONTENTdm file name | 3088.cpd |
Description
| Title | Laws of the State of Delaware - Volume 59 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- SEVENTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 2, A. D. 1973 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 8, A. D. 1974 PART II VOLUME LVIX CHARLIS PRINTING CO., WILMINGTON, DELAWARC |
| CONTENTdm file name | 67824.pdfpage |
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