Laws of the State of Delaware - Volume 61 - Part 2 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- NINTH
GENERAL ASSEMBLY
SPECIAL SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 4, A. D.
1977
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
1977
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1978
PART II
VOLUME LXI
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 61 - Part 2 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY-NINTH GENERAL ASSEMBLY SPECIAL SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 4, A.D. 1977 FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A.D. 1977 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A.D. 1978 PART II VOLUME LXI AIIIIIIM 908 CHAPTER 313 FORMERLY HOUSE BILL NO. 870 AN ACT TO MAKE A SUPPLEMENTARY APPROPRIATION TO THE BLADES VOLUNTEER FIRE COMPANY FOR THE OPERATION AND MAINTENANCE OF ITS NEW RESCUE TRUCK. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of members elected to each House concurring): Section 1. There is appropriated to the Blades Volunteer Fire Company the sum of $1,250 to be used for the maintenance and operation of a rescue truck in the public service. Section 2. This is a supplementary appropriation for the Fiscal Year ending June 30, 1978, and the monies appropriated shall be paid by the State Treasurer out of monies in the General Fund not otherwise appropriated. Approved June 6, 1978. CHAPTER 314 FORMERLY HOUSE BILL NO 271 AS AMENDED BY SENATE AMENDMENT NOS. 3 AND 5 AN ACT TO AMEND CHAPTER 41, TITLE 21, DELAWARE CODE RELATING TO OPERATING OR RIDING ON MOTORCYCLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §4185, Title 21, Delaware Code, by striking subsection (b) and by inserting in lieu thereof the following: "(b) Every person operating or riding on a motorcycle shall have in his possession a safety helmet approved by the Secretary of Public Safety and shall wear eye protection approved by the said Secretary; provided, however, that every person operating or riding on a motorcycle up to 19 years of age shall wear a safety helmet and eye protection approved by the Secretary of Public Safety." Approved June 10, 1978. 909 910 CHAPTER 315 FORMERLY SENATE BILL NO. 90 AN ACT TO AMEND CHAPTER 60, TITLE 7 OF THE DELAWARE CODE RELATING TO THE DIVISION OF ENVIRONMENTAL CONTROL. 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 56002 (16), Chapter 60, Title 7 of the Delaware Code by insercing after the word and comma "dirt" and before the word "and" the following: "hydrocarbons, oil, and product chemicals". Approved June 12, 1978. CHAPTER 316 FORMERLY SENATE BILL NO. 137 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO SATISFY A SETTLE-MENT AGREEMENT ENTERED INTO BETWEEN THE STATE OF DELAWARE AND MANUFACTURERS' LEASE PLANS, INC., A PENNSYLVANIA CORPORA-TION, IN CONNECTION WITH THE CLAIM OF MANUFACTURERS' LEASE PLANS, INC., FOR CERTAIN SERVICES RENDERED TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES FOR SERVICES UNDER A WRITTEN CONTRACT. WHEREAS, a lawsuit was filed in the Superior Court of the State of Delaware in and for New Castle County by Manufacturers' Lease Plans, Inc., alleging breach of contract by the State of Delaware and the Department of Administrative Services; and WHEREAS, the plaintiff alleged that the sum of approximately eight thousand eight hundred fifty dollars ($8,850) was due and owing from the State of Delaware, Department of Administrative Services, for payment under said contract; and WHEREAS, a Settlement Agreement was reached between the plaintiff through its attorney, Killoran & Van Brunt, and the State of Delaware, whereby the defendants agreed, for settlement purposes, to pay to plaintiff the sum of six thousand six hundred thirty-seven and 50/100 dollars ($6,637.50). NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. There is hereby appropriated the sum of $6,637.50 to satisfy the Settlement Agreement entered into by means of Stipulation between the State of Delaware and Killoran & Van Brunt, attorney for plaintiff, in connection with Civil Action No. 694, 1975, in the Superior Court of the State of Delaware in and for New Castle County. Said funds shall be appropriated to J. R. Julian on behalf of Killoran & Van Brunt to be disbursed in accordance with the Settlement Agreement. Section 2. No funds shall be disbursed to Manufacturers' Lease Plans, Inc., until a signed release is obtained from said corporation discharging the State of Delaware and the Department of Administrative Services from any and all liability in connec-tion with the subject matter of the litigation in Civil Action No. 694, 1975, in the Superior Court of the State of Delaware in and for New Castle County. The sum appropriated hereunder shall be in full and complete payment of any claim that Manufacturers' Lease Plans, Inc., had against the State of 911 912 Chapter 316 Delaware or the Department of Administrative Services and which was alleged in the pleadings of Civil Action No. 694, 1975. Section 3. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 4. This Act shall not be construed to obligate the State of Delaware to any individual or corporation for any other purpose except as set forth herein; it being the intention of the Legislature only to discharge the obligation created by means of the Stipulation settling the subject litigation. Approved June 12, 1978. CHAPTER 317 FORMERLY HOUSE BILL NO. 778 AS AMENDED BY HOUSE AMENDMENT NO. 2 AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS TO THE DEPARTMENTS OF ELECTION FOR NEW CASTLE COUNTY AND KENT COUNTY TO BE USED FOR THE PURCHASE OF VOTING MACHINES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE; Section 1. The sums of $43,200 and $9,600 are hereby appro-priated to the Departments of Election for New Castle County and Kent County, respectively, for the purchase of voting machines by each Department. Section 2. All voting machines purchased with funds appro-priated by this bill shall meet the requirement set forth in Title 15, Section 5001, Delaware Code. Section 3. This Act is a supplemental appropriation for Fiscal 1978 to be paid by the State Treasurer out of funds not otherwise appropriated; and any funds herein appropriated and remaining unexpended or unencumbered on June 30, 1978, shall revert to the General Fund of the State of Delaware. Approved June 12, 1978. 913 914 CHAPTER 318 FORMERLY HOUSE BILL NO. 835 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 41, TITLE 21, DELAWARE CODE RELATING TO PASSENGERS RIDING IN TOWED VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 4191, Title 21 of the Delaware Code by adding thereto a new subsection (d) as follows: "(d) The provisions of this section shall not apply to: vehicles in a parade when the vehicles are drawn or towed at a speed of less than 20 miles per hour; Trailers which have been designed or modified to carry passengers for sightseeing or public trans-portation purposes provided that such activity complies with the requirements of the Transportation Authority as provided in Chapter 18, Title 2 of the Delaware Code." Approved June 12, 1978. 915 CHAPTER 319 FORMERLY SENATE BILL NO. 578 AN ACT TO AMEND CHAPTER 32, TITLE 29 OF THE DELAWARE CODE DISSOLV-ING THE DELAWARE AMERICAN REVOLUTION BICENTENNIAL COMMISSION AND CREATING A NEW DELAWARE HERITAGE COMMISSION. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Chapter 32, Title 29 of the Delaware Code is hereby repealed. Section 2. Amend Title 29 of the Delaware Code by adding a new Chapter 32 thereto to read as follows: "CRAFTER 32. DELAWARE HERITAGE COMMISSION §3201. Creation and membership; termination There is created the Delaware Heritage Commission composed of 9 citizens of the State appointed by the Governor to serve at his pleasure, 1 of whom shall be designated by the Governor as Chairman of the Commission. Members of the Commission shall serve without comp-ensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission. The Commission may appoint members of a Heritage Resources Committee to assist the Commission in its work. The Division of Historical and Cultural Affairs of the Department of State and the Department of Public Instruction may be represented by ex-officio, non-voting members, and the Commission is authorized to enter into ex-officio non-voting representation from other agencies of government and from nonprofit organizations as the Commission may deem appropriate. The Commission shall cease to exist on December 31, 1990. §3202. Executive Director; other personnel; exemptions from Merit System (a) The Commission may engage an Executive Director to devote his full time to the work of the Commission, and the Commission may employ such additional full-time or part-time personnel as are required for the work of the Commission at such compensation as shall be set by the Commission. 916 Chapter 319 (b) The Executive Director and such other personnel as may be employed by the Commission shall be exempt from the merit system as set forth in Chapter 59 of this title and shall be subject to removal, with or without cause, by the Chairman of the Commission. 63203. Powers and duties The Commission shall plan, encourage, develop, coordinate, and implement observances and activities pertain-ing to (1) the achievement in Delaware of liberty and inde-pendence through a constitutional government, and (2) the significant historical events that occurred in Delaware or involved Delaware citizens during the years preceding and following the ratification and adoption of the Constitution of the United States. In carrying out its duties, the Commission shall consider any related plans and programs developed by national organizations, the organizations of other States, local and private groups, and the Commission may designate representa-tives to serve on special committees, organizations, non-profit organizations or other entities with representatives from such bodies to plan, develop, and coordinate specific activities. In all planning, the Commission shall give emphasis to the ideas associated with the American Revolution and the achievement of independence by the United States which have been important to the development of the United States in world affairs and in mankind's quest for freedom and justice. The Commission may make and enter into any and all contracts, agreements or stipulations and retain, employ and contract for the services of private and public consultants, research and technical personnel and procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Chair-man of the Commission necessary or desirable in the perfor-mance of the functions of the Commission and whenever funds shall be available for such purpose. The Commission shall have the authority to organize a nonprofit corporation to assist the Commission in the form-ulation and execution of its plans; to solicit and receive subscriptions, donations and other funds from public and private sources for organizing and carrying on the under-taking; to negotiate with public or private organizations or persons on terms for approval or endorsement of commission-related programs or projects; to acquire and hold by gift or otherwise, real and other property with full right to convey or dispose of the same in-such manner and upon such terms as the corporation may determine, either absolutely or upon condition; to contract with and employ consultants or other agents; to adopt or enforce such bylaws, rules and regulations as the corporation may, from time to time, deem advisable. (f) The Commission shall, no later than December 31st of each year, submit to the Governor and to the General Assembly an annual report of the Commission's activities and recommendations. Such activities and recommendations may include but are not limited to: The production, publication and distribution of books, pamphlets, films and other educational mater-ials on the history, culture and political thought of this Nation and State; Bibliographical and documentary projects and publications; Conferences, convocations, lectures, seminars and other programs; The development of permanent memorials and exhibits, including mobile exhibits; Ceremonies and celebrations commemorating specific events; Programs and activities on the local, national and international significance of the American Democracy and its implications for present and future generations; and The issuance of commemorative medals, seals, automotive license plates and certificates of recogni-tion. (g) The report of the Commission shall include reco-mmendations for the allocation of financial and administra-tive responsibility among the public and private authorities and organizations recommended for participation by the Commission. The report shall also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations. §3204. Cooperation (a) In fulfilling its responsibilites the Commission shall consult, cooperate with and seek advice from appropri-ate state departments and agencies, local public bodies, learnedsocieties and historical, patriotic, philanthropic, civic, professional and related organizations. Heads of state departments and agencies shall cooperate with the Chapter 319 917 918 Chapter 319 Commission in planning, encouraging, developing and coordina-ting appropriate commemorative activities. The Commission shall determine if there are sites within the State which are appropriate for preservation or development in order to assure that fitting observances and exhibits may be held. The officials of each state-supported school, college or university shall cooperate with the Commission, especially in the encouragement and coordination of scholarly works and presentations on the history, culture and political thought of this Nation and State. §3205. Donations; preservation of acquistions; expenditures The Commission may accept donations of money, property or personal services. Property acquired by the Commission may be deposited for preservation with the Secretary of State. All money donated to the Commission or received in furtherance of contracts hereunder shall be deposited with the Secretary of Finance and shall be appropriated to the Commission. All expenditures of the Commission shall be by warrant of the Secretary of Finance on vouchers of the Chairman of the Commission or his designee." Section 3. Those persons serving as members of the Delaware American Revolution Bicentennial Commission at the time that this Act becomes effective shall be deemed to be members of the Commission created by this Act. Section 4. The property of the Delaware American Revolution Bicentennial Commission at the time that this Act becomes effec-tive shall be the property of the Delaware Heritage Commission created by this Act. The property of the nonprofit corporation organized by the Delaware American Revolution Bicentennial Commission prior to the time that this Act becomes effective shall remain the property of that nonprofit corporation or its successor, unless the Delaware Heritage Commisslon provides otherwise. Approved June 8, 1978. 919 CHAPTER 320 FORMERLY HOUSE BILL NO. 302 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE INSURANCE; AND PROVIDING FOR A DEFINITION OF INJURED PERSON. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend f2118(a) (2) a. , Chapter 21, Part II, Title 21 of the Delaware Code by adding thereto a new paragraph to be designated as (5) and to read as follows: "(5) 'injured person' for purposes of this section shall include the personal representative of an estate; provided, however, that if a death occurs, the 'net amount of lost earnings' shall include only that sum attributable to the period prior to the death of the person so injured." Approved June 13, 1978. 920 CHAPTER 321 FORMERLY HOUSE BILL NO. 757 AN ACT TO AMEND CHAPTER 85, TITLE 11, DELAWARE CODE, RELATING TO INFORMATION SUPPLIED BY PEACE OFFICERS TO THE STATE BUREAU OF IDENTIFICATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 18503, Chapter 85, Title 11, Delaware Code by striking all Of subsection "h" of subparagraph "(1)". Approved June 13, 1978. CHAPTER 322 FORMERLY HOUSE BILL NO. 781 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE LAUREL SCHOOL DISTRICT TO REIMBURSE THE DISTRICT FOR FUNDS PAID THE DIVISION OF HIGHWAYS FOR THE INSTALLATION OF A TRAFFIC CONTROL DEVICE ON STATE ROUTE 28 AT THE LAUREL ELEMENTARY SCHOOL. WHEREAS, the Division of Highways of the Department of Trans-portation has installed a traffic sign and flashing signal at the Laurel Elementary School on State Route 28 to insure greater safety for children walking to school; and WHEREAS, legislation is now required to reimburse the Laurel School District which has paid the Department of Transportation for the installation out of monies not involving state funds. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $1,795.19 is appropriated to the Laurel School District to reimburse the Laurel School District for the installation by the Division of Highways, Department of Transporation, of a traffic-control device on State Route 28 at the Laurel Elementary School. Section 2. This Act is a supplementary appropriation for Fiscal 1978 and the appropriation shall be paid by the State Treasurer out of funds not otherwise appropriated. Section 3. Funds herein appropriated remaining unexpended or unencumbered on June 30, 1978, shall revert to the General Fund. Approved June 13, 1978. 921 922 CHAPTER 323 FORMERLY SENATE BILL NO. 83 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO MAKE A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF CORRECTION FOR BACK PAY FOR AN EMPLOYEE WHO WAS DENIED, IN ERROR, APPOINTMENT ABOVE THE FIRST STEP OF HIS PAY GRADE. WHEREAS, the PT-1 appointing Willie Parker as Counselor II at Step 3 of pay grade 21 was declared void and a subsequent PT-1 appointing Mr. Parker Counselor II at step 1 of pay grade 21 was approved effective February 16, 1975; and WHEREAS, on August 12, 1976, the State Personnel Commission declared that voiding the initial appointment at step 3 was in error; and WHEREAS, Mr. Parker was paid at a lower step of pay grade 21 erroneously for the period from February 16, 1975, to September 30, 1975. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $737.16 is hereby appropriated to the Department of Corrections for the purpose of paying back pay to Willie Parker, the said back pay resulting from an error in approving Mr. Parker's initial appointment. Section 2. The sum so appropriated shall be considered a supplemental appropriation and shall be paid by the State Treasurer out of funds of the General Fund of the State of Delaware not otherwise appropriated. Any funds remaining unex-pended on June 30, 1978, shall revert to the General Fund. Approved June 13, 1978. The sum appropriated shall be for the following: 38-13-010 Community Based Service Salaries and Wages of Employees $624.84 F.I.C.A. 36.55 Pension 75.77 TOTAL $737.16 CHAPTER 324 FORMERLY SENATE BILL NO. 406 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF FINANCE FOR PAYMENT OF CLAIMS RELATING TO "VETERANS' MILITARY PAY" FOR CERTAIN PERSONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of five thousand one hundred eighty-five dollars ($5,185) is hereby appropriated to the Department of Finance to be used toward payment of bona fide veterans' claims, payable to the following persons: Paul Williams $300 1531 Forrester Avenue Sharon Hill, PA 19079 Carol Anne Eggert 105 14 S. Shannon Athens, Ohio 45701 William G. Mazewski 85 212 S. Jackson Wilmington, Delaware 19805 Eddie Lee Thompson 75 209 East 24th Street Wilmington, Delaware 19802 James Alan Vinson 175 2314 Walnut Lane Wilmington, Delaware Joseph George Yeager 130 114 McCann Road Newark, Delaware 19711 Stephen Michael Masten 300 114 Pine Street Seaford, Delaware 19973 Branson Custus Redden 60 802 East 23rd Street Wilmington, Delaware 923 924 Thomas Page Wolfe 225 5880 Shetland Court Virginia Beach, VA 23462 Robert Collins Rein 225 1718 Northside Drive, Apt. A-1 Valdosta, GA 31601 Gary McCoy Dennis 225 2807 West Street Wilmington, Delaware Lee Albert Joines 300 24 Tyne Drive New Castle, Delaware 19720 Antonio Hinojosa Padilla 300 803 Aspen Road New Carlisle, Ohio 45344 Virginia Katherine Donovan 225 75 Henderson Road Newark, Delaware 19711 Francis Russell Wheeler 300 3316 Englewood Road Wilmington, Delaware 19810 Walter Clarence Calder, Jr. 100 23 Yeates Drive New Castle, Delaware 19720 Bernard John Szynanski 90 1710 Maple Street Wilmington, Delaware 19805 Peter Doelger Robinson 300 18 Park Avenue Colchester, Connecticut 06415 Darius L. Burton 90 210 West Street Harrington, Delaware William E. Ward 300 804 Old Capitol Trail Newark, Delaware 19711 Aubrey James Leaber 60 R.D. 1/5, Box 199F Dover, Delaware 19901 Chapter 324 Chapter 324 Lewis Henry Jackson, Jr. 300 Merchant Street Port Penn, Delaware 19731 Thomas Morgan Price 225 3251 Gahu Avenue Honlulu, Hawaii 96822 Edwin Harry Bates 90 360 E. Biddle Street West Chester, PA 19380 Angelo Rogers 300 RD 4, Box 1126 Millsboro, Delaware 19966 Keith Jones 300 P. O. Box 331 Lewes, DE 19958 TOTAL $5,185 Section 2. Funds appropriated herein shall be paid by the State Treasurer from the General Fund monies not otherwise appropriated. Section 3. .Funds herein appropriated and remaining unexpen-ded or unencumbered on June 30, 1978, shall revert to the General Fund of the State of Delaware. Approved June 13, 1978. 925 926 CHAPTER 325 FORMERLY SENATE BILL NO. 431 AN ACT TO REIMBURSE RAYMOND W. ANDERSON, FORMER SUPERINTENDENT OF THE DELAWARE CORRECTIONAL CENTER, CERTAIN AMOUNTS PAID BY HIM TO CERTAIN PERSONS KNOWN AS THE "SMYRNA FIVE". WHEREAS, on May 7, 1973, Lieutenant Earl Pope was attacked and repeatedly stabbed by a group of five inmates; and WHEREAS, Mr. Anderson, in the performance of his duties as Superintendent and in response to the stabbing attack, ordered the now-known "Smyrna Five" to be placed in segregation in support of his staff and for the future protection of both inmates and staff; and WHEREAS, on November 2, 1976, Raymond W. Anderson was required to pay the sum of $1,584.82 to inmates Lester M. Johnson, Ronald Payne, Carl Henry, Thomas LeGrande, and Gary Watson (known as the "Smyrna Five") as the outcome of steps taken by Superintendent Anderson in the course of his employment at the prison, and in response to the stabbing attack on Lieutenant Pope. NOW, THEREFORE: 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. The sum of one thousand five hundred eighty-four dollars and eighty-two cents ($1.584.82) is hereby awarded to Raymond 14. Anderson to reimburse him for the payment he was required to make to the Smyrna Five. Approved June 13, 1978.. CHAPTER 326 FORMERLY SENATE BILL NO. 628 AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO PROVIDE FOR LIFEGUARDS AT DEWEY BEACH AND FENWICK ISLAND FOR THE 1978 SUMMER SEASON. WHEREAS, increasing numbers of vacationers are expected to make use of the beaches at Dewey Beach and Fenwick Island this summer; and WHEREAS, these beaches are not now protected by lifeguards; and WHEREAS, providing such lifeguards woad serve to protect life and property and make these Delaware Beaches safer and more pleasant for the general public; and WHEREAS, Sussex County will provide $18,762 toward the salaries of lifguards through its summer program. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $13,737 is hereby appropriated to the Department of Natural Resources and Environmental Control, Division of Parks and Recreation for the purposes of providing for lifeguards at Dewey Beach from Collins Street to Dagsworthy Street and the unincorporated section of Fenwick Island from the Maryland line to Atlantic Street for the period June 17, 1978 through September 4, 1978, and the Department is hereby directed to provide such lifeguards subject to the provisions of this section. Section 2. This is a supplementary appropriation and the monies herein appropriated shall be paid from the General Fund of the State of Delaware out of funds not otherwise appropriated. Section 3. Funds appropriated herein remaining unexpended on September 30, 1978 shall revert to the General Fund of the State of Delaware. Section 4. This supplemental appropriation shall take effect only in the event the Sussex County Summer Employment Program provides $18,762 in salaries for lifeguards for the locations and the period of time specified in this Act. Approved June 16, 1978. 927 928 CRAFTER 327 FORMERLY HOUSE BILL NO. 713 AN ACT TO AMEND CHAPTER 5, SUBCHAPTER V/, SUBPART B OF TITLE 11, DELAWARE CODE RELATING TO DISCRIMINATION BY PUBLIC SERVANTS OF THIS STATE AND ANY POLITICAL SUBDIVISION THEREOF. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 61211 of Chapter 5, Subchapter VI, Subpart B, Title 11, Delaware Code by adding thereto a new subsection to be designated as subsection (4) to read as follows: "(4) He knowingly performs his official functions in a way intended to practice discrimination on the basis of race, creed, color, sex, or national origin." . Approved June 16, 1978. 929 CRAFTER 328 FORMERLY HOUSE BILL NO. 804 AN ACT TO AMEND CHAPTER 23, TITLE 10 OF THE DELAWARE CODE RELATING TO THE DEPOSIT OF SUMS OF MONEY BY THE PROTHONOTARIES OF THE RESPECTIVE COUNTIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §2324(a), Chapter 23, Title 10 of the Delaware Code by striking the word "municipality" as the same appears after the word "same" and before the word'flas" in the last line of said subsection and by substituting in lieu thereof the word "county". Approved June 16, 1978. 930 CHAPTER 329 FORMERLY SENATE BILL NO. 472 AN ACT TO AMEND CHAPTER 79, TITLE 29, DELAWARE CODE, RELATING TO THE ESTABLISHMENT OF A DIVISON FOR THE VISUALLY IMPAIRED UNDER THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 67911 of Title 29, Delaware Code, by strIk-ing subsection (2) and renumbering subsections 3 and 4 to read subsections 2 and 3. Section 2. Amend 67913(b) of Title 29, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: "The Council on the Blind shall serve in an advisory capacity to the Administrator of the Division for the Visually Impaired and shall consider matters relating to the general supervision and control of the education, training, and welfare of blind persons residing in the State. The Council shall also consider such other matters as may be referred to it by the Governor, the Secretary of the Department, or the Administrator of the Division for the Visually Impaired. The Council may study, research, plan, and advise the Administrator, Secretary, and Governor on matters it deems appropriate to enable the Division to function in the best possible manner." Section 3. Amend Subchapter II, of Chapter 79, Title 29, Delaware Code by adding thereto a new section to be designated as 67936 which shall read as follows: "47936. Division for the Visually Impaired The Division for the Visually Impaired is established having the power to perform and be responsible for the performance of all powers, duties, and functions heretofore vested in the Delaware Commission for the Blind, pursuant to Chapters 21 and 23 of Title 31 as formerly vested in the Division of Social Services. The Division Administrator must be a merit system career person, knowledgeable and skilled in the field of. service to the visually impaired and responsive to the needs and concerns of that population." Approved June 19, 1978. 931 CHAPTER 330 FORMERLY SENATE BILL NO. 502 AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE OFFICE OF THE DEPUTY ADMINISTRATOR, JUSTICE OF THE PEACE COURTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of six thousand eight hundred dollars ($6,800.00) is hereby appropriated to the Office of the Deputy Administrator for distribution to the various Justice of the Peace Courts throughout the State for casual and seasonal salaries and wages. Section 2. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 3. The funds so appropriated shall be used only for the purposes herein specified, and any funds appropriated but unexpended by July 1, 1978, shall thereupon revert to the General Fund of the State Treasury. Approved June 19, 1978. 932 CHAPTER 331 FORMERLY HOUSE BILL NO. 253 AS AMENDED BY SENATE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 23 OF TITLE 9, DELAWARE CODE TO ALLOW THE CREATION OF CONSOLIDATED SANITARY SEWER DISTRICTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 12302, Chapter 23, Title 9, Delaware Code by striking the period "." immediately following the word "election" as the same appears in the section title and inserting the following: "; consolidation of districts" Section 2. Amend 12302, Chapter 23, Title 9, Delaware Code by adding thereto a new subsection to be designated as subsection (c) to read as follows: "(c) The County Council may consolidate any existing sanitary sewer districts or establish a County-wide district following a public hearing. The hearing shall be at such time as may be fixed by the County Council and advertised at least two (2) weeks in advance by publishing a notice in a newspaper within the County having a general circulation, once in each of the two weeks immediately preceding the week in which the hearing is to be held. All interested persons in any way affected by the proposed consolidation shall be heard. After the public hearing is closed, the County Council shall, by ordinance, determine whether or not it is in the public interest to establish the consolidated district. The ordinance shall specify the boundaries of the consolidated district. The County Council may change or amend the rate of levy as it deems necessary and just." Approved June 19, 1978. 933 CHAPTER 332 FORMERLY HOUSE BILL NO. 766 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE LAUREL SCHOOL DISTRICT FOR THE PURPOSE OF REIMBURSING MR. DONALD E. ATKINSON, PRINCIPAL OF LAUREL ELEMENTARY SCHOOL, FOR OVER-PAYMENTS FOR HIS WIFE'S BLUE CROSS-BLUE SHIELD COVERAGE. WHEREAS, Mr. Donald E. Atkinson, Principal of the Laurel North and West Elementary Schools, overpaid Blue Cross-Blue Shield in the amount of $1,256.60 for health insurance coverage on his wife, Jean Atkinson, who was also employed by the Revocation Section of the Division of Motor Vehicles; and WHEREAS, Mr. Atkinson overpaid health insurance premiums in the following amounts and during the following time periods herein shown: March 1, 1972 to May 31, 1972 $ .34.38 $11.46 Per month June 1, 1972 to May 31, 1973 $ 137.52 $11.46 Per month June 1, 1973 to May 31, 1974 $ 158.40 $13.20 Per month June 1, 1974 to May 31, 1975 $ 172.80 $14.40 Per month June 1, 1975 to May 31, 1976 $ 239.28 $19.94 Per month June 1, 1976 to May 31, 1977 $ 297.36 $24.78 Per month June 1, 1977 to December 31, 1977 $ 216.86 $30.98 Per month TOTAL $1,256.60 WHEREAS, law prohibits an agency of State government from pay-ing obligations incurred in a prior year without special act of the General Assembly. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $1,256.60 is hereby appropriated to the Laurel School District for the purpose of reimbursing 934 Chapter 332 Mr. Atkinson who overpaid heilth insurance coverage on his wife, Jean Atkinson, who was also employed by the Motor Vehicle Division of the Department of Public Safety. Section 2. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Section 3. The funds herein appropriated remaining unexpen-ded on June 30, 1978 shall revert to the General Fund of the State of Delaware. Approved June 19, 1978. CHAPTER 333 FORMERLY HOUSE BILL NO. 773 AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO REIMBURSE AN EMPLOYEE WHO OVERPAID HEALTH INSURANCE COVERAGE UNDER BLUE CROSS-BLUE SHIELD. WHEREAS, Fred Bonner, an employee of the Department of Natural Resources and Environmental Control, has overpaid his Blue Cross- Blue Shield premiums by $737.30 between June 1970 and June 1975; and WHEREAS, this overpayment resulted from the fact that Fred Bonner had not received credit under Blue Cross-Blue Shield for his wife who is also a State employee; and WHEREAS, State law prohibits an agency of the government from paying obligations incurred in a prior year without a special Act of the General Assembly; and WHEREAS, Fred Bonner overpaid his insurance in the following NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of $737.30 is hereby appropriated to the Department of Natural Resources and Environmental Control to 935 amounts and during the months shown herein: June 1970 through May 1971 ($9.26 per month) June 1971 through May 1972 ($11.46 per month) June 1972 through May 1973 ($11.46 per month) June 1973 through May 1974 ($13.20 per month) June 1974 through May 1975 ($14.40 per month) June 1, 1975 through June 30, 1975 ($19.94 per month) TOTAL $111.12 137.52 137.52 158.40 172.80 19.94 $737.30 936 Chapter 333 reimburse Fred Bonner, an employee of the Department, who overpaid his health insurance coverage under Blue Cross-Blue Shield by that amount. Section 2. This is a supplemental appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds of the State of Delaware not otherwise appropriated. Section 3. The funds hereby appropriated remaining unexpen-ded on June 30, 1978, shall revert to the General Fund. Approved June 19, 1978. 937 CHAPTER 334 FORMERLY HOUSE BILL NO. 303 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NOS. 1, 3 AND 4 AN ACT TO AMEND TITLE 10, TITLE 11 AND TITLE 31 OF THE DELAWARE CODE, RELATING TO THE CUSTODY, CARE AND TREATMENT OF DELINQUENT, NEGLECTED AND DEPENDENT CHILDREN. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 901, Title 10, Delaware Code by striking the definitions of "delinquent child", "dependent child", "neglected child" and "family" as they appear therein, and substituting in lieu thereof the following definitions: "Delinquent child" means a child who commits an act which if committed by an adult would constitute a crime. "Dependent child" means a child whose physical, mental or emotional health and well-being is threatened or impaired because of inadequate care and protection by the child's custodian, who is unable to provide adequate care for the child, whether or not caused by the child's behavior; provided, however that for the purposes of this chapter, dependent child may include a child who has been placed in a non-related home on a permanent basis without the consent and approval of the Division of Social Services or any agency licensed thereby to place children in a nonrelated home; or who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. "Neglected child" means a child whose physical, mental or emotional health and well-being is threatened or impaired because of inadequate care and protection by the child's custodian, who has the ability and financial means to provide for the care but does not or will not provide adequate care; or a child who has been abused or neglected as defined by Section 902, Title 16, Delaware Code. No child who in good faith is under treatment solely by spiritual means through prayer hnaccordance with the tsnets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for purposes of this chapter. "Family" means husband and wife; a man and woman cohabit-ing in a home; custodian and child; or any group or person related by blood or marriage. Section 2. Amend §933, Title 10, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following: "1933. Duties of Officer Having Child in Custody; Duties of Division of Social Services Having Child in Custody; Prohibited Acts (a) A peace officer may take into custody a child he believes to be dependent, neglected or delinquent. Any peace officer having taken such a child into custody shall immediately notify the child's custodian citing the reasons therefore. If the custodian refuses to accept the child or cannot be located or cannot provide adequate care for the child, the peace officer shall: when the child is not charged with a delinquent act, immediately contact the Division of Social Services of the Department of Health and Social Services, who shall be responsible for further pursuing the whereabouts of the custodian or providing shelter and care for the child in a shelter home, foster home, group home, private agency home or other appropriate facility for children. The child shall not be placed in the same facility or institution for children charged with or found to be delinquent. After making every reasonable effort to locate the custodian, the Division of Social Services of the Department of Health and Social Services may release the child to the child's custodian or forthwith file with the Court a petition for custody alleging dependency or neglect. When the child has been charged with a delin-quent act, take the child directly before the Court if the Court is in session or take the child before a court or commissioner for disposition in accordance with f934 of this title. After taking the child into custody, the peace officer shall forthwith file with the Court, a sworn complaint alleging delinquency with a report for the reason of his apprehension." Section 3. Amend Section 937, Title 10, Delaware Code by adding a new subsection (f) at the end thereof to read as follows: "(f) A dependent or neglected child shall not be placed in the same facility or institution for children charged with or found to be delinquent." Section 4. Amend Section 1103, Title 11, Delaware Code, by striking subsections (a) and (b) in their entirety and substi-tuting in lieu thereof new subsections (a) and (b) to read as follows: 938 Chapter 334 Chapter 334 939 "(a) 'Delinquent child' means a child who commits an act which if committed by an adult would constitute a crime. (b) 'Neglected child' means a child whose physical, mental or emotional health and well-being is threatened or impaired because of inadequate care and protection by the child's custodian, who has the ability and financial means to provide for the care but does not or will not provide adequate care; or a child who has been Abused or neglected as defined by Section 902, Title 16, Delaware Code." Section 5. Amend Section 301, Title 31, Delaware Code by striking the said section in iti entirety and substituting in lieu thereof the following: "5301. Definitions As used in this subchapter: 'Delinquent child' means a child who commits an act which if committed by an adult would constitute a crime." Section 6. Amend Section 1102, Title 11, of the Delaware Code by striking the period at the end of paragraph (2) and substituting in lieu thereof a ";" followed by a new paragraph thereto to be designated as paragraph (3) to read as follows: "(3) He knowingly encourages, aids, abets or conspires with the Child to run away from the home of his parents, guardian or custodian; or he knowingly and illegally harbors a child who has run away from home." Section 7. Amend Section 921, Chapter 9, Title 10, Delaware Code by striking subsection (6) and substituting the following: "(6) Actions and proceedings wherein: A member of a family alleges that some other member of the family is by his conduct imperiling any family relationship and petitions the Court for appro-priate relief. The Division of 'Social Services or a licensed youth service agency alleges that the conduct of a child, or of his parents or custodians, or members of a family,- imperils any family relationship or imperils the morals, health, maintenance or care of a Child and petitions the Court for appropriate relief; provided, however, that where a parent, to ensure the safety or welfare of his child, fails to cause the Child to attend school, such parent has not imperiled the family relationship, nor has he imperiled the morals, health, 940 Chapter 334 maintenance or care of the child. (3) In such actions and proceedings the Court may make such adjudications and dispositions as appears appropriate." Section 8. If any section, subsection, sentence, phrase or work of this Act or circumstances arising out of the application thereof shall be declared unconstitutional under the Constitution of the State of Delaware or of the United States by a State or Federal Court of competent jurisdiction, the remainder of this Act shall be unimpaired and shall continue in full force and effect and proceedings thereunder shall not be affected. Section 9. All Acts or parts of Acts inconsistent with this Act are to the extent of such inconsistency hereby repealed. Section 10. This Act shall become effective 90 days after its approval by the Governor. Approved June 20, 1978. 941 CHAPTER 335 FORMERLY HOUSE BILL NO. 426 AN ACT TO AMEND CHAPTER 47, TITLE 15, OF THE DELAWARE CODE, RELATING TO COMPENSATION OF ELECTION OFFICERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 54704(a), Title 15, Delaware Code, by striking the figure "$30" as the same appears in said subsection and by inserting in lieu thereof the figure "$50". Section 2. Amend 14704(b), Title 15, Delaware Code, by striking the figure "$30" as the same appears in said subsection and by inserting in lieu thereof the figure "$50". Section 3. Amend 14704(c), Title 15, Delaware Code, by striking the figure "$25" as the same appears in said subsection and by inserting in lieu thereof the figure "$45". Approved June 20, 1978. 942 CHAPTER 336 FORMERLY HOUSE BILL NO. 744 AN ACT TO AMEND CHAPTER 55, TITLE 29, DELAWARE CODE, TO REQUIRE FULL ACTUARIAL FUNDING FOR ANY LAW ESTABLISHING SPECIAL PENSION BENEFITS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 55, Title 29, Delaware Code by adding thereto a new Section 5545 to read as follows: 45545. Full Actuarial Funding No laws establishing special pensions, whether they be service pensions, disability pensions, survivor's pensions, or otherwise, shall be enacted by the General Assembly unless, at the time of enactment, an appropriation is passed that provides full actuarial funding for said special pensions." Approved June 20, 1978. 943 CHAPTER 337 FORMERLY HOUSE BILL NO. 911 AN ACT TO AMEND CHAPTER 31, TITLE 14, DELAWARE CODE, RELATING TO PRIVATE PLACEMENT WITH FINANCIAL AID FOR HANDICAPPED PERSONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 63124(c)(1), Chapter 31, Title 14, Delaware Code, by adding to said paragraph, at the end thereof, the following sentence: "Maintenance shall be provided on a twelve-month basis in appropriate cases." Section 2. Amend 13124(c)(3), Chapter 31, Title 14, Delaware Code, by adding to said paragraph, at the end thereof, the following sentence: "Tuition shall be provided on a twelve-month basis in appropriate cases." Approved June 20, 1978. is 944 CHAPTER 338 FORMERLY SENATE BILL NO. 85 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO MAKE A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF CORRECTION TO GIVE BACK PAY TO AN EMPLOYEE WHOSE PROMOTION WAS DELAYED THROUGH ADMINISTRATIVE ERROR. WHEREAS, David L. Frey was employed as a Statistician I while occupying the post of Statistician II; and WHEREAS, Mr. Frey was selected for promotion to Statistician II effective January 1, 1976; and WHEREAS, the State Office of Personnel determined that Mr. Frey was not qualified for the position; and WHEREAS, this determination was later found to be in error; and WHEREAS, Mr. Frey was promoted to Statistician II retroactive to January 1, 1976; and WHEREAS, Mr. Frey did not receive a monetary gain with pro-motion from January 1, 1976 through June 30, 1976. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. There is hereby appropriated to the Department of Corrections the sum of $1,142.91 for the purpose of correcting an error in pay to David L. Frey and to pay other costs. The sum appropriated shall be for the following: Section 2. The sum so appropriated shall be considered a supplemental appropriation and shall be paid by the State. Treasurer out of funds of the General Fund of the State of Dela-ware not otherwise appropriated. Any funds remaining unexpended on June 30, 1978, shall revert to the General Fund. Approved June 20, 1978. 38-01-002 Administration Salaries and Wages of Employees $ 975.60 F.I.C.A. 57.07 Pension 110.24 TOTAL $1,142.91 CHAPTER 339 FORMERLY HOUSE BILL NO. 1049 AN ACT TO PROVIDE A SUPPLEMENTAL APPROPRIATION TO THE DIVISION OF ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT FOR DEBT SERVICE ON CERTAIN INDUSTRIAL DEVELOPMENT BONDS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. There is appropriated to the Division of Economic Development of the Department of Community Affairs and Economic Development the sum of $89,491 to pay debt service requirement for the fiscal year ending June 30, 1978, as follows: Industrial Development Bonds - KEWA Metal Salt, Inc. Debt Service - Principal $50,000 Debt Service - Interest 39,491 TOTAL $89,491 Section 2. The sum appropriated herein shall be considered a supplemental appropriation and shall be paid by the State Treasurer from the General Fund monies not otherwise appropriated. Any funds remaining unexpended or unencumbered as of June 30, 1978, shall revert to the General Fund. Approved June 15, 1978. 945 946 CHAPTER 340 FORMERLY SENATE BILL NO. 432 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF CORRECTION FOR PURPOSES OF CORRECTING A SALARY UNDERPAYMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of five thousand one hundred seventy-six dollars ($5,176.00) is hereby appropriated to the Department of Section 2. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 3. Any funds appropriated by this Act which remain unencumbered or unexpended by July 1, 1978, shall thereupon revert to the General Fund of the State Treasury. Approved June 23, 1978. Correction for the following expenditures: Back pay due to Raymond W. Anderson $4,400 F.I.C.A. - Employer's share 266 Pension 510 TOTAL $5,176 947 CHAPTER 341 FORMERLY HOUSE BILL NO. 574 AN ACT TO AMEND CHAPTER 11, TITLE 30, DELAWARE CODE, RELATING TO ISSUANCE OF WARRANT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 1213, Chapter 11, Title 30, Delaware Code, by inserting after the words "commanding him" and immediately preceding the words "to levy" the following: "to garnish wages and bank accounts of such person or". Approved June 23, 1978. 948 CHAPTER 342 FORMERLY HOUSE BILL NO. 734 AN ACT TO AMEND CHAPTER 21, TITLE 21 OF THE DELAWARE CODE, RELATING TO VANITY PLATES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 2121, Chapter 21, Title 21 of the Delaware Code by striking paragraph (1) of subsection (h) in its entirety and inserting in lieu thereof the following new paragraph (1): "(1) Any single letter or combination of letters or combinations of letters and numerals, not to exceed six (6) in number. If the combination includes numerals, the numerals shall be displayed to the right of all letters on the plate. A hyphen shall be permitted and shall be counted as one letter. In its discretion, the Department may refuse any combination of letters, or letters and numerals." Approved June 23, 1978. 949 CHAPTER 343 FORMERLY HOUSE BILL NO. 769 AN ACT TO AMEND CHAPTER 27, TITLE 21, DELAWARE CODE, RELATING TO DRIVING WITHOUT A LICENSE. 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 Chapter 27, Title 21, Delaware Code, by striking 52701 in its entirety and inserting in lieu thereof a new 52701 to read as follows: "42701. Driving without a license; penalties No person shall drive a motor vehicle on a public street or highway of this State without first having been licensed under this Chapter, unless expressly exempt from the licensing requirements. No person shall drive a motor vehicle on a public street or highway of this State after serving a period of suspension, revocation or license denial, without first having obtained a valid license through proper reinstatement procedures as prescribed by Title 21, Delaware Code. No person shall drive on a public street or high-way of this State a motor vehicle of a class or type for which he has not been duly licensed. No person whose license has expired shall drive a motor vehicle on a public street or highway of this State. Whoever violates subsection (a) or (b) of this section shall for the first offense be fined not less than $50 nor more than $200. For each subsequent like offense, shall be fined not less than $100 nor more than $500 or imprisoned for a term not to exceed six months, or both. Whoever violates subsection (c) or (d) of this section shall for the first offense be fined not less than $10 nor more than $100. For each subsequent like offense, be fined not less than $25 nor more than $100." Section 2. Any person deemed legal to drive a truck or 950 Chapter 343 tractor-trailer combination prior to the implementation of the classified licensing system, shall be placed in the class of their choice with no requirement for a road test by the Division of Motor Vehicles, unless the applicant appears physically or mentally unable to operate such vehicle. Section 3. This Act shall become effective sixty (60) days after the signature of the Governor. Approved June 23, 1978. CHAPTER 344 FORMERLY HOUSE BILL NO. 782 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 52, TITLE 30, DELAWARE CODE, RELATING TO EXEMPT VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 45224, Chapter 52, Title 30, Delaware Code by deiignating the first paragraph beginning with the word 'Nothing' and ending with the word 'school' as '(a)'; the second paragraph beginning with the word 'This' and ending with the word 'fee' as '(b)' and the third paragraph beginning with the word 'This' and ending with the word 'trip' as P(c)'. Section 2. Amend 15224, Chapter 52, Title 30, Delaware Code by adding to the end of said section the following new paragraph: "(d) This Chapter shall not apply to any vehicle operated by, for, or on behalf of any volunteer fire company or any ambulance owned and/or operated by a civic or Veterans' organization on a volunteer basis." Approved June 23, 1978. 951 952 CHAPTER 345 FORMERLY HOUSE BILL NO. 816 AN ACT TO AMEND CHAPTER 21, TITLE 21, DELAWARE CODE, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR HANDICAPPED PERSONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of the members elected to each Branch concurring): Section 1. Amend Section 2134, Chapter 21, Title 21, by deleting said section in its entirety and substituting a new Section 2134 as follows: "52134. Special Plates for Handicapped Persons; Penalties (a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for the assignment to that vehicle of a special, handicapped person registration number, if the applicant, a dependent of the applicant, or any individual who depends on the applicant for transportation: Has permanently lost the use of a leg or an arm; or Is so severely disabled as to be unable to move without a wheelchair or crutches; or So suffers from lung disease that his forced expiratory volume, one second, when measured by spirometry, is less than one liter. (2) This section only applies to passenger cars, station wagons, pickup trucks and panel van trucks for which the gross registered weight does not exceed 6,000 lbs. (b) Handicapped persons' license plates may be issued under this section only if the applicant submits: Proof satisfactory to the Department that the applicant, the dependent of the applicant, or the individual who depends on the applicant for transportation, as the case may be, is handicapped in the manner described in subsection (a) of this section; and As to an applicant on whom a handicapped individual 'depends for transportation, a certification of the handi-capped individual that the handicapped individual depends on the applicant for transportation. Chapter 345 953 No fee in addition to the annual registration fee otherwise required by this title is required for the handi-capped person license plates issued pursuant to this section. The registration plates issued pursuant to this section shall bear the word 'HANDICAPPED' in addition to the number assigned to each plate. Any person who is not a handicapped person, as prescribed in subsection (a) of this section, and who will-full * and falsely represents himself as having the quali-fication to obtain such vehicle registration plates in an attempt to procure the special plates prescribed by this section, shall, upon conviction, be fined 850 and costs of prosecution and, in default of the payment thereof shall be imprisoned for not more than 10 days. Justices of the Peace shall have jurisdiction of offenses under this section." Approved June 23, 1978. 954 CHAPTER 346 FORMERLY HOUSE BILL NO. 1008 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 21, TITLE 24 OF THE DELAWARE CODE TO EXEMPT MEDICAL PERSONNEL WORKING UNDER THE SUPERVISION OF A DOCTOR OF MEDICINE, DOCTOR OF OSTEOPATHY, OR OPTOMETRIST FROM THE PROVISIONS OF SUCH CHAPTER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 52117, Chapter 21, Title 24 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: "52117. Exemptions Nothing in this chapter shall be construed to prevent the sale and/or application of spectacles in the ordinary course of trade, provided no part of this chapter is violated by this exemption. Those persons having the degree of Doctor of Medicine or Doctor of Osteopathy and licensed to practice medicine and surgery in this State under Chapter 17 of this Title shall be exempt from this chapter, and nothing in this Chapter shall apply to or restrict any ophthalmic assistant, nationally registered as a contact lens technician, from acting under the prescription and supervision of a licensed physician, osteopath or optometrist from fitting, adapting or measuring for contact lenses so long as said ophthalmic assistant's office is on the same premises as a licensed ophthalmologist, osteopath or optometrist." Approved June 23, 1978." 955 CHAPTER 347 FORMERLY HOUSE BILL NO. 1036 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT AUTHORIZING THE DEPARTMENT OF CORRECTION TO TRANSFER FUNDS BETWEEN ALL LINES AND BUREAUS. WHEREAS, the Department of Correction has insufficient general fund appropriations in certain bureaus and a surplus in other bureaus; and WHEREAS, the Department of Correction's total general fund appropriations is sufficient to cover all anticipated expenses through the balance of fiscal year 1978; and WHEREAS, the transfer of funds between lines and bureaus would eliminate the need for a supplemental.appropriation. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The Department of Correction is hereby authorized, with the approval of the Budget Director, to transfer funds between lines and divisions, as depicted in the FY 1978 Budget Act, as follows: FROM TO (38-01-001) Commissioner's Office (38-08-003) Del. Correctional Center Contractual Services $44,960 Contractual Services $30,300 Supplies & Materials 9,860 (38-08-004) Sussex Correctional Institution Contractual Services 4,800 (38-01-002) Administration Sal. & Wages of Employees $40,700 (38-01-003) Education Sal. & Wages of Employees $19,735 (38-08-003) Del. Correctional Center Sal.&Wages of Employees 40,700 (38-01-003) Del. Correctional Center Sal.&Wages of Employees 2,150 Sal. - Overtime 16,600 Sal. - Hazardous Duty 110 (38-08-004) Sussex Correctional Institution Sal.&Wages of Employees 200 956 Chapter 347 FROM TO TOTAL TRANSFER (38-08-005) Women's Correctional Institution Sal.&Wages of Employees $ 225 (38-08-007) Probation and Parole Sal.&Wages of Employees $ 190 (38-08-008) Work Programs Sal.&Wages of Employees $ 100 (38-08-009) Work Release SalaNages of Employees $ 25 (38-08-010) Kent Correctional Center Sal.&Wages of Employees $ 135 (38-13-004) Bridge House Eaten- (38-13-002) Ferris School for Boys tion Center Sal.&Wages of Employees $9,000 Contractual Services $9,000 $114,395 $114,395 Section 2. This authority expires on June 30, 1978. Approved June 23, 1978. CHAPTER 348 FORMERLY HOUSE BILL NO. 484 AN ACT TO AMEND CHAPTER 53 AND CHAPTER 59, TITLE 11, DELAWARE CODE, RELATING TO PRELIMINARY HEARINGS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 53, Title 11, Delaware Code, by adding a new section as follows: 45308. Preliminary hearing; examination A Court of Common Pleas judge shall conduct a prelimi-nary hearing in accordance with the rules of criminal proce-dure promulgated by the Court of Common Pleas." Section 2. Amend Chapter 59, Title 11, Delaware Code, by striking Section 5910. Approved June 26, 1978. 958 CHAPTER 349 FORMERLY HOUSE BILL NO. 813 AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT FOR PURPOSES OF PROVIDING FINANCIAL SUPPORT TO THE RETIRED SENIOR VOLUNTEER PROGRAM. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of eight thousand five hundred dollars ($8,500) is hereby appropriated to the Department of Community Affairs and Economic Development, which funds shall be used to support the Retired Senior Volunteer Program in Kent County. Section 2. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated. Section 3. The funds so appropriated shall be used only for the purposes herein specified, and any funds appropriated but unexpended by July 1, 1978, shall thereupon revert to the General Fund of the State Treasury. Approved June 26, 1978. 1 959 CHAPTER 350 FORMERLY HOUSE BILL NO. 992 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT AUTHORIZING THE DEPARTMENT OF COMMUNITY AFFAIRS AND ECONO-MIC DEVELOPMENT TO TRANSFER FUNDS BETWEEN ALL LINES AND DIVISIONS. WHEREAS, the Department of Community Affairs and Economic Development has insufficient General Fund appropriation & in certain lines and divisions; and WHEREAS, the Department of Community Affairs and Economic Development's total General Fund appropriation is sufficient to cover all anticipated expenses through the balance of Fiscal Year 1978; and WHEREAS, the authority to make transfers between all lines and Divisions would eliminate the need for any supplemental appropriation. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The Department of Community Affairs and Economic Development is hereby authorized, with the approval of the Budget Director, to transfer funds between lines as depicted in the FY Section 2. This authority expires on June 30, 1978. Approved June 26, 1978. 1978 Budget Act as follows: (50-01-001) Office of Administration From To Sal. & Wages of Employees $ 500 Supplies and Materials $ 500 (50-08-000) Office of Economic Development Sal. & Wages of Employees $3,636 Contractual Services 93,636 TOTAL TRANSFER $4,136 $4,136 960 CHAPTER 351 FORMERLY SENATE BILL NO. 337 AN ACT TO AMEND CHAPTER 70, TITLE 9, OF THE DELAWARE CODE, RELA-TING TO THE PROCUREMENT OF SERVICES OR SUPPLIES BY THE DEPARTMENT OF FINANCE OF SUSSEX COUNTY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Section 7004(c)(17), Chapter 70, Title 9, of the Delaware Code, is hereby amended by striking from the first line of the second paragraph the figure "81,000" and substituting in lieu thereof the figure "$2,500". Approved June 26, 1978. 1 961 CHAPTER 352 FORMERLY SENATE BILL NO. 349 AN ACT TO AMEND CHAPTER 23, TITLE 7, DELAWARE CODE, RELATING TO COMMERCIAL CRABBING. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 12304, Chapter 23, Title 7, Delaware Code, by deleting the period following the words "Delaware River" and inserting the words ", and that area of Roy's Creek which lies south of Fenwick Island Ditch". Approved June 26, 1978. 962 CHAPTER 353 FORMERLY SENATE BILL NO. 430 AN ACT TO AMEND CHAPTER 116 OF VOLUME 61, LAWS OF DELAWARE, ENTITLED: "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1978, AND TO AMEND CERTAIN PERTINENT STATUTORY PROVISIONS", ALSO KNOWN AS HOUSE BILL NO. 300, AS AMENDED, RELATING TO THE SALARY OF THE STATE LIBRARIAN. WHEREAS, at the time House Bill No. 300 was written there was no indication that there would be a State Librarian employed; and WHEREAS, once the Search Committee had determindd that one would be hired it was discovered that the salary was totally out of line with other State's Library Agency Directors; and WHEREAS, upon consulting with the Health, Education, Welfare Officer, Mrs. Beatrice Simmons, additional Library Services and Construction Act funds in the amount of $3,031 were made avail-able to the State for use to supplement the already appropriated funds for the State Librarian's salary; and WHEREAS, the Delaware State Clearinghouse Committee has determined that although federal funds are available to pay the State Librarian's contracted salary it is improper for these funds to be utilized without having been appropriated in House Bill No. 300. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 1 of Chapter 116, Volume 61, Laws of Delaware by striking line 3 in its entirety as the same appears on Page 53 of said Chapter and inserting in lieu thereof the following: "(All other Funds $9,819) $10,181" Section 2. Further amend Section 1 of Chapter 116, Volume 61, Laws of Delaware by recomputing all totals and subtotals to reflect the provisions of Section 1 of this Act. Approved June 26, 1978. 963 CHAPTER 354 FORMERLY SENATE BILL NO. 490 AN ACT TO AMEND CHAPTER 1, TITLE 7 OF THE DELAWARE CODE RELATING TO PENALTIES OF A VIOLATION OF FISH AND GAME REGULATIONS. 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 5103(e) of Chapter 1, Title 7, Delaware Code by striking the word "taking" and the words "in season" as the same appears in the second sentence of said subsection (e). Approved June 26, 1978. 964 CHAPTER 355 FORMERLY HOUSE BILL NO. 473 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 11, TITLE 28, DELAWARE CODE, RELATING TO BINGO, BY QUALIFYING THOSE WHO ARE ELIGIBLE FOR THE GRAND PRIZE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend i1139, Chapter 11, Title 28, Delaware Code by adding the following subsection: "(i) Any licensed bingo organization shall have dis-cretionary authority to promulgate rules and regulations on the eligibility of persons permitted to participate in the nightly prize or prizes; provided, however, they have been approved by the Bingo Control Commission, and further provided, that if approved by the Commission, such rules and regulations shall be conspicuously dis-played at the main entrance where all patrons can observe same." Approved June 27, 1978. CHAPTER 356 FORMERLY HOUSE BILL NO. 855 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 24, DELAWARE CODE, RELATING TO CHIROPODY AND/OR PODIATRY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 24, Delaware Code, by striking Chapter 5 thereof and by substituting in lieu thereof a new Chapter 5, to read as follows: CHAPTER 5. PODIATRY §501. Definitions As used in this Chapter, podiatry means the diagnosis and the medical, surgical, mechanical, mani-pulative and electrical treatment of all ailments of the human foot and leg, excepting amputation of the foot or leg or the administration of an anesthetic other than local. As used in the definition of podiatry in sub-section (a) of this Section: "Diagnosis" means the ascertainment of a disease or ailment by its general symptoms; "Medical treatment" means the application to or prescription for the foot or leg of medicine, pads, adhesives, felt, plasters or any medicinal agency; "Surgical treatment" means the use of any cutting instrument to treat a disease, ailment or condition; "Mechancial treatment" means the application of any mechanical appliance made of steel, leather, felt or any material, to the foot or in the shoe for the purpose of treating any disease, deformity or ailment; "Manipulative treatment" means the use of the hand or machinery in the operation or working upon the foot and its articulations; 965 966 Chapter 356 6. "Electrical treatment" means the adminis-tration of electricity to the foot or leg by means of electrodes, machinery, rays and the like; 5502. Board of Podiatry Examiners; appointment; tenure; qualifications; removal; vacancies The Board of Podiatry Examiners for this State, hereinafter in this Chapter referred to as the "Board", shall consist of four members. The members shall be appointed by the Governor to a term of four years, or until their successors are appointed and qualified, from a list of members in good standing submitted by the Podiatry Society of Delaware. The members shall be so appointed that the term of only one member shall expire in each calendar year. The members may be removed by the Governor for continued neglect of the duties required by this Chapter or on recommendation of the Podiatry Society of Delaware for unprofessional or dishonorable conduct. Vacancies occurring in the Board by reason of the death of any member or his incapacity, neglect or refusal to act or removal, or in any other way shall be filled by the Governor from recommendations of members in good standing submitted by the Podiatry Society of Delaware. The newly appointed member or members shall hold office for the remainder of the unexpired term or terms of the member or members. No member of the Board shall serve more than four complete terms or be appointed thereto after he or she has reached the age of sixty-five years. Three members of the Board entitled to vote shall constitute a quorum for the transaction of business. The affirmative vote of at least two members of the Board entitled to vote taken at a meeting in which a quorum is present shall be required to adopt any reg-ulation which could deprive a person licensed to practice podiatry of his license or to issue, deny, revoke or suspend any certificate to practice or to take any dis-ciplinary action against any person. 003. Receipts and disbursements; compensation of Board members (a) The Board shall pay over to the State Treasurer, in accordance with Chapter 61 of Title 29, all fees and Chapter 356 967 other moneys received by it, and they shall be deposited in the General Fund of the State. (b) The necessary and legitimate expenses and salaries of the Board, not exceeding $25.00 per day for each member of the Board actually engaged in duties of the Board plus expenses incurred in connection therewith, shall be paid by the State Treasurer out of funds appro-priate for the purpose upon warrants signed by the President and Secretary of the Board. §504. Powers and duties; and immunity of members (a) The Board shall have the power and duty to: Investigate the character of all applicants for a certificate to practice podiatric medicine to determine whether or not he or she is likely to engage in unprofessional conduct, and whether he or she is physically and mentally capable of engaging in the practice of podiatric medicine with safety to the public. Conduct such examinations as it deems necessary and proper, to determine the professional qualifications of those persons who apply for cert-ificates to practice podiatric medicine in Delaware. Investigate complaints and charges of un-professional conduct respecting any holder of a certificate to practice podiatric medicine. Investigate complaints and charges that physical and mental disability renders the practice of podiatric medicine by any person contrary to commonly accepted standards. Investigate complaints of unauthorized practice of podiatric medicine. Suspend, revoke or reinstate any certificate to practice podiatric medicine. Reprimand, censure publicly or privately or to take other appropriate disciplinary action with respect to any person authorized to practice podiatric medicine in Delaware. 968 Chapter 356 Take or cause to be taken such depositions as may be needed by the Board in any investigation, hearing or proceeding. Administer oaths and to compel the attendance of witnesses and the production of documents by the filing of a subpoena. The members of the Board shall not be subject to, and shall be immune from, claims, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken, or performed or recommendation made so long as such member of the Board acted in good faith and with-out malice in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under this Chapter or any other provisions of the Delaware law, Federal law or regulations, or duly adopted rule or regulation and good faith is presumed un-less otherwise proven with malice required to be shown by the complainant. No member of the Board shall in any manner whatsoever discriminate against any applicant or person holding or applying for a certificate to practice podiatric medicine by reason of sex, race, color, creed or national origin. No member shall participate in any action of the Board involving directly or indirectly any person related in any way by blood or marriage to said member. §505. Qualifications required (a) Any person not having a certifcate to practice podiatry medicine in this State and desiring such a certificate must: Be a citizen of the United States of America or have filed a petition for naturalization, or be a lawful permanent alien resident of the United States of America. Have a working .ability to read, write, speak and understand in the English language. Have received a degree of "Doctor of Podiatric Medicine" or its equivalent from a legally incorpor-ated college or school approved by the Board, and Chapter 356 969 recognized by the Council on Education of the American Podiatry Association. Submit to the Board satisfactory proof that such person has not been convicted of a felony, professionally penalized or convicted of drug addiction, violated the Podiatry Practice Act of this or any other State, engaged in the practice of Podiatry without a license, prescribed narcotic drugs unlawfully, wilfully violated the confidence of a patient or has been professionally penalized or convicted of fraud. Submit to the Board satisfactory proof that such person is at the time of application physically and mentally capable of engaging in the practice of podiatric medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine such capability. Pass the professional examination administered by the Board, as well as all tests given by the National Board of Podiatry Examiners. Each person desiring to practice Podiatry in this State shall submit to the Board an application in writing oil such form as shall be required by the Board and pay a fee not to exceed $100.00 which shall not be returned. Each person shall satisfy the Board with com-pliance of requirements of subsection (a) of this Section in such form and manner as the rules and regulations of the Board shall require. Upon the applicant's so satis-fying the Board anduponpayment of such fee as shall be required by the rules and regulations of the Board, the Board shall administer to the applicant an examination, unless the applicant is excepted therefrom by other provisions hereof. §506. Professional examinations (a) The Board shall conduct examinations of applicants for a certificate to practice Podiatry in accordance with rules and regulations prescribed and published by the Board. Such examination shall be given at least once each year, or more often as the Board shall determine. Examinations shall be given 970 Chapter 356 in such a way that the persons grading examination papers shall have no knowledge of the identity of the individual being examined. (b) The examination shall be in the English language, shall be comprehensive in character and designed to deter-mine the applicant's fitness to practice Podiatry and shall cover those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of Doctor of Podiatric Medicine conferred by approved colleges or schools in the United States. 007. Exceptions to Examinations Under such rules and regulations as the Board may adopt, the examination required for a certificate to practice Podiatry in this State may be waived by the Board in the following cases: 1. A person who is licensed or otherwise qualified to practice Podiatry in any State of the United States may be issued a certificate to so practice in this State during the disability for the purpose of taking charge of the practice of a person licensed to so practice in this State during a disability, illness or by reason of the decrease of such licensee. The Board may, in its discretion, grant such a temporary license for a period not to exceed four months for such purposes. The Board may, in its discretion, extend such temporary certificate for an additional four months, but not longer. Such certificate shall be issued upon the written request to the Board of the person desiring to so practice and, where possible, by the person licensed to practice in this State whose practice is involved and upon the payment to the Board of a fee of $50.00. The application shall be made in such form and contain such information and certifi-cations as the Board shall by rule or regulations prescribe. When a temporary certificate is issued and a license obtained, the Podiatrist receiving such certificate shall have authority to practice Podiatry in this State for the time and under the conditions specified in the temprorary license. Persons who are licensed to practice Podiatry in any of the United States or of a foreign country may come into this State in consultation with any person licensed to practice Podiatry in this State but only Chapter 356 971 as a consultant. Consultation shall be limited to examination, recommendation and testimony and litigation. Students of accredited schools or colleges of Podiatry who are receiving their practical training under the personal supervision of a Podiatrist licensed in Delaware may do so without a license or examination, but such students shall be registered with the Board as such by the supervisor. Applicants who are registered or certified by the Board of Podiatry Examiners of other states whose requirements for registration and certification are substantially equal to those of this State at the discretion of the Board be granted certificates without examination upon the payment of $100.00, pro-vided, however, that the provisions of this Section shall be extended only to applicants from those states which extend a similar privilege to persons certified and registeree to practice in this State. 008. Certificate filed with Division of Revenue Every person receiving a certificate from the Board and desiring to practice in this State shall file same with the Division of Revenue and obtain an occupa-tional license as provided by Chapter 23, Title 30, Laws of Delaware. The Divisiln of Revenue shall not register any person without such certificate. §509. Renewal of certificate (a) For the purpose of correcting and revising the register of practitioners of Podiatry, as kept by the Board, each person to whom a certificate to practice Podiatry in this State is granted, shall procure periodi-cally from the Secretary of the Board, on or before the 30th day of June, a certificate of registration. Such certificate of registration shall be issued by the Secretary of the Board upon payment of the fee of $50.00. All certificates so issued shall be prima facie evidence of the right of the holders to practice Podiatry, as the certificates shall designate, in this State during the time for which they are issued and the same shall be ex-posed to public view in the operating room of the holder. Any certificate to practice Podiatry granted by the Board shall be cancelled if the holder thereof fails to secure renewal of the certificate provided for in this 972 Chapter 356 Section by the due date. The certificate to practice or the renewal certificate thus cancelled may at the discretion of the Board be restored upon payment of all renewal fees that are unpaid and a restoration fee of $25.00, with such further examination of the holder as to his competence and ability to practice, as the Board may determine. The Secretary of the Board shall mail, a renewal notice at least 30 days in advance of the due date to each person whose name appears on the register of the Board. The printed form should be properly filled out by the holder of such certificate and returned to the Secretary of the Board, together with the appropriate fee. (b) Persons who desire to renew their licenses shall present to the Board proof that they have earned eight (8) credits of continuing education over the two (2) year period preceding their application for renewal as a condition for renewal of the certificate. Any sem-inar which receives certification by any State Board of Podiatry Examiners or the equivalent thereof shall be accepted towards said credit. §510. Refusal to issue licenses or revocation or suspension of same (a) The Board may refuse to issue or may suspend or revoke any certificate it has issued or may place the offending person on probation or may censure publicly or privately any holder of a license for any of the following causes: The use of any false, fraudulent or forged statement or document or the use of any fraudulent, deceitful, dishonest or immoral practice in con-nection with any of the licensing requirements. Conviction of a felony or crime involving moral turpitude. Drug addiction or chronic and persistent addiction to intoxicants to such a degree as to render the licensee unsafe or unfit to practice Podiatry. Any dishonorable, unethical or unprofessional conduct likely to deceive, defraud or harm the public. Violation directly or indirectly of any provision or term of this Chapter or any rule or regulation of the Board. Chapter 356 973 The practice of Podiatry undera false or assumed name. Any physical or mental disability which renders the further practice of Podiatry by the licensee dangerous. Mental incompetence or mental illness when determined by any final order or adjudication of any court of competent jurisdiction. The advertising of thepractice of Podiatry in any unethical or professional manner. Knowingly performing any act which in any way assists an unlicensed or unregistered person to practice Podiatry. The wilful violation of any privileged com-munication. Any person against whom a complaint has been made under this Section shall be notified at that fact and a copy of such complaint shall be sent to such person by certified. mail, return receipt requested, by the Board, and such person shall be given a full fair and impartial hearing by the Board, whose decision shall be made by a majority vote of its members. Such person shall have the right to counsel and to examine and cross-examine witness-es. The Department of Justice shall represent the Board and shall have the same right in every such hearing. The judgement of the Board in any case shall be final unless within ten days after a copy thereof has been sent to the person against whom the judgment is render-ed and said person appeals to the Superior Court of the county wherein the alleged offense occuired. The Superior Court shall hear and determine all appeals taken pursuant to this Section and may by proper rules prescribe the pro-cedure to be followed therein. In the case of every such appeal, the cause shall be determined on the record with-out the aid of a jury, and the Court may reverse, reaffirM or modify the decision of the Board or remand the cause to the Board for rehearing. The decision of the Board shall be affirmed by the Superior Court unless there is an abuse of discretion by the Board or unless manifest injustice appears. 4511. Corporations, other than colleges, not to practice Except for professional associations authorized by the laws of this Statepno person shall incorporate under the laws of this State for the purpose of practic-ing Podiatry within this State, and no foreign corporation organized for such purposes shall attempt to practice Podiatry within this State. Such restrictions shall not apply to accredited Podiatry colleges, whose students are receiving their practical training under personal supervision of any licensed Podiatrist of this State. 4512. Persons not affected by chapter (a) This Chapter shall not apply to: Commissioned surgeons of the United States Army, Navy, Air Force or Public Health Service, in the actual performance of their official duties. Regularly licensed physicians in this State. A visiting Podiatrist called into consultation in this State from another State where it is duly qualified under the laws of that State to practice Podiatry. (b) This Chapter shall not prohibit the fitting recommending or the sale of corrective shoes, arch supports or similar mechanical appliances by retail deal-ers or manufacturers. However, no representative of such dealer or manufactuer shall be permitted to diagnose, treat or prescribe medically for any foot or leg ailment, disease or deformity, unless certified and registered under the provisions of this Chapter and licensed to practice Podiatry in this State. 4513. Right to compensation from insurance and related programs For purposes of disability, workmen's compensation, standard health and accident, sickness and other such insurance plans, whether or not they be considered in-surance policies if the Podiatrist is authorized by law to perform the particular services, he shall be entitled to compensation for his services under such plans. 974 Chapter 356 Chapter 356 975 014. Name used in practice of Podiatry; penalty Whoever practices or offers to practice Podiatry under any name except his proper name, which is the name in his license granted to him as a Podiatrist, as pro-vided in this Chapter; or whoever uses the name of any company, association, corporation, office, parlor, trade name, business name or a successor thereto, in connection with the practice of Podiatry as defined in this Chapter, shall be fined for the first offense not less than $100.00 nor more than $200.00 and for any subsequent offense shall be fined not more than $500.00, and his license shall be revoked by the Board. §515. Practice without registration or certificate, separate offenses; penalty Whoever practices or attempts to practice Podiatry within this State without having been registered or with-out having obtained a certificate to practice Podiatry or during the period of suspension or revocation of such certificate previously granted shall be fined not less than $100.00 nor more than $200.00, or imprisoned not less than one month nor more than one year, or both, and upon a sec-ond or any subsequent offense, shall be fined not less than $200.00 nor more than $500.00 and imprisoned not less than six months nor more than one year. Each act of practice or attempt to practice Podiatry under the disabilities described in this Section and each day on which any person holds himself out as practicing under any name except his own shall be a separate offense. 016. Filing of false documents or forged Affidavits; penalty Whoever files or attempts to file as his own the diploma, certificate or license of another or a forged, false affidavit or identification or qualification is guilty of a felony and shall be fined not less than $500.00 nor more than $2,000.00 and imprisoned not more than five years. Approved June 27, 1978. 976 CHAPTER 357 FORMERLY SENATE BILL NO. 387 AN ACT TO AMEND 5617, CHAPTER 6, TITLE 8, OF THE DELAWARE CODE RELAT-ING TO THE NAMING OF PROFESSIONAL SERVICE CORPORATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 5617, Chapter 6, Title 8, of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following: 5617. Corporate Name The corporate name of a corporation organized under this Chapter shall contain either a word or words descriptive of the professional service to be rendered by the corporation or shall contain the last names of one or more of its present, prospective or former share-holders or of persons who were associated with a pred-ecessor person, partnership, corporation or other organization or whose name or names appeared in the name of such predecessor organization. The corporate name shall also contain the words 'chartered' or 'professional association', or abbreviation 'P.A.'. The use of the word 'company', 'corporation' or 'incorporated', or any other word, words, abbreviations, affix or prefix indicating that it is a corporation, in the corporate name of a corporation organized under this Chapter, is specifically prohibited. However, it shall be permissible for the pro-fessional service corporation and its shareholders to render professional services and to exercise the cor-poration's authorized powers under a name which is ident-ical to its corporate name, except that the words 'chartered' or 'professional association', or the abbreviation 'P.A.' is omitted." Approved June 27, 1978. CHAPTER 358 FORMERLY SENATE BILL NO. 395 AN ACT TO SUSPEND THE PROVISIONS OF 29 DELAWARE CODE, CHAPTER 69, TO PERMIT THE PAYMENT OF FUNDS FOR STREET AND ROAD IMPROVEMENTS IN THE TOWN OF BETHEL. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Notwithstanding the provisions of 29, Delaware Code, Chapter 69, the Department of Transportation, Division of Highways, is authorized to pay to the Town of Bethel the sum of $1060.91 to meet the costs of street and road improvements. Approved June 27, 1978. 977 978 CHAPTER 359 FORMERLY SENATE BILL NO. 477 AN ACT TO AMEND CHAPTER 1, TITLE 5, DELAWARE CODE, RELATING TO QUALIFICATION OF COMMISSIONER AND EMPLOYEES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §104, Chapter 1, Title 5, Delaware Code, by deleting the phrase "Secretary of Administrative Services" wherever it appears and substituting in lieu thereof the word "Commissioner". Section 2. Amend Chapter 1, Title 5, Delaware Code, by add-ing anew §108 to read as follows: §108. Prohibited Relationships with Supervised Institutions The Commissioner, Deputy Commissioner or Examiners employed by the Commissioner, or such person's spouse or such person's son or daughter residing at such person's residence shall not obtain a loan or utilize credit from any financial institution subject to supervision or regu-lation of the Commissioner. This prohibition, however, shall not be construed as prohibiting such persons from being a depositor or member of any such financial insti-tution on the same terms as available to the public generally." Approved June 27, 1978. CHAPTER 360 FORMERLY SENATE BILL NO. 478 AN ACT TO AMEND CHAPTER 1, TITLE 5, DELAWARE CODE, RELATING TO FINANCIAL INSTITUTION RECORDS RETENTION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 1, Title 5, Delaware Code, to add a new §140 to read as follows: §140. Retention of Financial Institution Records All records of financial institutions and of federally-chartered financial institutions, insofar as this section does not contravene paramount federal law, shall be retained for such minimum periods as the Com-missioner may prescribe. The Commissioner shall from time to time issue regulations classifying all records kept by these insti-tutions and prescribing the minimum period for which these records shall be retained. The periods may be permanent or for a lesser term. Such regulations may be amended or repealed from time to time. The regulations shall be promulgated as provided for in Chapter 64, Title 29, Delaware Code. In issuing the regulations required by subsection (b), the Commissioner shall consider: Court and administrative proceedings in which the production of these records might be necessary or desirable; State and Federal statutes of limitation applicable to such proceedings; Availability of information from other sources; and Such other matters as the Commissioner shall deem pertinent in order that the regu-lations will require retention of records for such reasonable period as is commensurate with the interests of customers, depositors, stock-holders and the peoples of the State in having such records available. 979 980 Chapter 360 The Commisioner shall additionally prescribe the substitution of reproductions for the originals to cover the period for which such records shall be retained. Institutions may at their option dispose of any record which has been retained for the minimum period prescribed by the Commissioner." Section 2. The initial regulations required by Section 1 of this Act shall be promulgated within 180 days of the effective date of this Act. Section 3. The effective date of this Act is July 1, 1978. Approved June 27, 1978. 981 CHAPTER 361 FORMERLY SENATE BILL NO. 480 AN ACT TO AMEND CHAPTER 21, TITLE 5, OF THE DELAWARE CODE, RELATING TO THE EXAMINATION OF SMALL LOAN COMPANIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend subsection (1), 52107, Title 5, Delaware Code, by striking the phrase "18 months" as it appears in the last line of said subsection and substitute in lieu thereof the phrase "each year". Approved June 27, 1978. 982 CHAPTER 362 FORMERLY SENATE BILL NO. 541 AN ACT TO AMEND AN ACT, BEING CHAPTER 170, VOLUME 57, OF THE LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE CITY OF LEWES" TO PROVIDEAPROCEDURE FOR REFERENDUM. 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, Chapter 170, Volume 57 of the Laws of Delaware, as amended, is hereby further amended by adding a new section following Section 29 to be designated as Section 29A to read as follows: PROCEDURE FOR REFERENDUM Section 41A-a. Qualified residents and property owners of the City of Lewes shall have the power to require reconsideration by the City Council of the City of Lewes of any adopted ordinance and to approve or reject it at an election as provided herein, provided, however, that such power of referendum shall not extend to the budget or capital program, any emergency ordinance, any zoning ordinance, any ordinance relating to the appropriation of money, nor to any ordinance relating to the levy of taxes. A Referendum Petition signed by residents and property owners of the City of Lewes entitled to register and vote in the Annual Municipal Election if such Annual Municipal Election were held on the day that the Referendum Petition was signed by such resident or property owner, whether or not such resident or property owner is a registered voter, equal in number in at least forty percent (40%) of the total number of voters who voted in the Annual Municipal Election next preceding the execution of the Referendum Petition with the local address of the person so signing, or three hundred (300) residents and property owners, qualified as aforesaid, which ever is greater, shall be presented to the City Council of the City of Lewes at the next regular meeting of the City Council of the City of Lewes following adoption of the ordinance sought to be reconsidered. Each copy of such petition shall contain and have attached thereto throughout its circulation the, full text of the ordinance sought to be reconsidered. Each copy of the petition shall have attached to it, when filed, an affidavit executed by the signer thereof stating that he personally circulated the petition, the number of signatures thereon, that all signatures were affix-ed in his presence, that he believes them to be the genuine Chapter 362 983 signatures of the persons whose names they purport to be, that each person who signed it is qualified to sign the petition and that each signer had an opportunity before signing to read the full text of the ordinance sought to be reconsidered. A Petition for Referendum shall be filed at the next regular meeting of the City Council of the City of Lewes following adoption by the City Council of the City of Lewes of the ordinance sought to be reconsidered or it shall not be the subject of a referendum. If there are less than twenty-eight (28) days from the date of the adoption of the ordinance sought to be reconsidered until the next regular meeting of the City Council of the City of Lewes, the Petition for Refer-endum shall be presented at the first regular meeting of the City Council of the City of Lewes following the expiration of the said twenty-eight (28) day period or the ordinance sought to be reconsidered shall not be the subject of a referendum. Within twenty (20) days after the petition is filed with the City Council of the City of Lewes at a regular meet-ing, the City Manager shall complete a certificate as to its sufficiency, specifying, that if it is insufficient, the particulars wherein it is defective, shall promptly send a copy of the certificate to the circulator of such petition by certified mail with return receipt requested. A petition certified insufficient for lack of the required number of valid signatures may be amended one (1) time if the circulator files a Notice of Intention to Amend with the City Manager within two (2) days after receiving a copy of his certificate and files a Supplementary Petition upon additional papers with-in five (5) days after receiving the copy of such certificate. Such Supplementary Petition shall comply with the require-ments of this Section concerning form, content and the affidavit of the circulator. Within five (5) days after it is filed, the City Manager shall complete a certificate as to the sufficiency of the petition, as amended, and shall promptly send a copy of such certificate to the circulator by certified mail with return receipt requested, as in the case of the original petition. If the petition, or amended petition is certified sufficient, or if the petition or amended petition is certified insufficient and the circulator does not elect to amend or request a review of the sufficiency of the certificate by the City Council of the City of Lewes within the time required, the City Manager shall promptly present his certificate to the City Council of the City of Lewes at the next regular meeting and the certificate shall be a form of determination as to the sufficiency of the petition. 984 Chapter 362 If a petition has been certified to be insufficient and the circulator has not filed Notice of Intention to Amend, or if an amended petition has been certified insufficient, the circulator may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the City Council of the City of Lewes. The City Council of the City of Lewes shall review the certificate at the next regular meeting following the filing of such request and approve or disapprove it, and the determination of the City Council of the City of Lewes shall be a final determination as to the suffi-ciency of the petition. Any person or persons, jointly or severely, aggrieved by the decision of the City Council of the City of Lewes may present to the Superior Court of the State of Delaware, a peti-tion, duly verified, setting forth that such decision is invalid, in whole or in part, specifying the grounds of such invalidity. Such petition shall be presented to the Court within thirty (30) days following the determination by the City Council of the City of Lewes as to the insufficiency of such petition. Upon presentation of the petition, the Court may allow a Writ of Certiorari directed to the City Council of the City of Lewes to review such decision of the City Council of the City of Lewes and shall prescribe therein the time in which a return thereto must be made and served upon the petitioner or his attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the Writ shall stay proceedings upon the decision or determination appealed from. The Court may reverse, or affirm, wholly or partly, or may modify the determination brought up for review. Upon the filing of the Petition for a Referendum for the City Manager, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate upon the happening of any of the following events: There is a final determination of insufficiency of the Petition; or The Petition is withdrawn by the circulator or circulators thereof or sufficient copies thereof are withdrawn so that there are insufficient number of signatures as required by this Section; or The City Council of the City of Lewes repeals the ordinance; or Thirty (30) days have elasped after a vote by the voters on the ordinance; or There is a final determination by the Superior Court. The City Council of the City of Lewes shall recon-sider the referred ordinance at the first regular meeting after the Petition for a Referendum has been finally deter-mined to be sufficient. If the City Council of the City of Lewes fails to repeal the referred ordinance, the refer-red ordinance shall be submitted to the voters of the City of Lewes at an election. The vote of residents and property owners of the City of Lewes on a referred ordinance shall be held not less than thirty (30) days and not later than sixty (60 days from the date that the petition is determined to be sufficient. If the Annual Municipal Election is to be held within the period prescribed in this Section, such referendum shall be considered as part of that Election. If the Annual Municipal Election is not to be held within the period prescribed in this Section, the City Council of the City of Lewes shall provide for a special election. If the City Council of the City of Lewes fails to hold a referendum within the time specified in this Section, the ordinance for which the peti-tion was filed shall be deemed to be repealed at the expir-ation of sixty (60) days from the date that the petition was considered to be sufficient, and shall not be passed in the same form for a period of six (6) months from the effective date or repeal. The said election at which the ordinance sought to be repealed is to be reconsidered, every person, male or female, who shall be registered on the "Books of Registered Voters" of the City of Lewes as prescribed in this Charter shall have one (1) vote. Any person who shall register on the "Books of Registered Voters" shall be entitled to vote in the election provided for by this Section. A person may register at the Office of the City Manager during the regular office hours on any day in order to vote in the election at which the ordinance is to be reconsidered until the close of business on the second Friday prior to the date of the said election. Any person registered to vote in any Annual Municipal Election shall not be required to register in order to vote in any Special Election to be held pursuant to this Section. The "Books of Registered Voters" shall be conclusive evidence of the right of any person to vote at any election at which the ordinance sought to be repealed is to be considered. 1. The notice of the time and place of holding the said Special Election shall be printed in at least two (2) issues of a newspaper having a general circulation in the City of Lewes within thirty (30) days immediately preceding the date of the Special Election. Chapter 362 985 986 The Mayor of the City of Lewes shall appoint three persons to act as a Board of Special Election, if a Special Election is required. The polling place or places shall be open from 12 o'clock noon, prevailing time, until 6 o'clock in the evening, prevailing time, on the date set for the Special Election. Persons in the polling place at 6 o'clock in the evening, prevailing time, shall be entitled to vote even though such votes may be cast after 6 o'clock in the evening, prevailing time. Immediately after the closing of the polling place or places, the Board of Special Election, or the Board of Election if the referendum is held on the day of the Annual Municipal Election, as the case may be, shall count the ballots for and against the proposition as presented and shall announce the results thereof. The Board of Special Election or the Board of Election, as the case may be, shall make a certificate under their hands of the number of votes cast for and against the proposed ordinance and the number of void votes and shall deliver the same to the City Council of the City of Lewes. The said certificate shall be filed with the papers of the City Council of the City of Lewes. The form of the ballot of the said Election, whether the same be considered at the Annual Municipal Election or at a Special Election shall be as follows: For the Referred Ordinance. Against the Referred Ordinance. (Check your preference.) Paper ballots may be used in any Special Election on a referral of an ordinance. The City Council shall cause to be prepared and printed a sufficient number of ballots not less than five (5) days prior to the date of the Special Election. Voting machines shall be used if the referendum is held on the day of the Annual Municipal Election if voting machines are required for the Annual Municipal Election. If the majority of the registered voters voting on a referred ordinance vote against such ordinance, it shall be considered repealed upon the certification of the result of the election by the Board of Special Election in the case of a Special Election or upon the certification of the Board of Election in the case of such referendum being held on the day of the Annual Municipal Election. No ordinance which has been repealed as the result of a referendum shall be passed again in the same form by the City Council of the City of Lewes for a period of six (6) months from the date of the referendum. Approved June 27, 1978. Chapter 362 CHAPTER 363 FORMERLY HOUSE BILL NO. 938 AS AMENDED BY HOUSE AMENDMENT NO. 1 & 2 AN ACT TO AMEND CHAPTER 65, PART IV, TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION; AND LIMITING THE FURLOUGH AND WORK RELEASE PRIVILEGES OF CERTAIN PRISONERS. 987 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 66533, Chapter 65, Part IV, Title 11 of the Delaware Code by adding thereto a new subsection, designated as sub-section (d), which new subsection shall read as follows: "(d) Notwithstanding any other provision of this section or Title to the contrary, no person serving a sentence imposed for a Class A felony shall be permitted outside employment or work released under this section, until such person is within six months from the date of his release from custody, as deter-mined by the Department." Section 2. Amend 66538, Chapter 65, Part IV, Title 11 of the Delaware Code, by adding thereto a new subsection, designated as sub-section (d), which new subsection shall read as follows: "(d) Notwithstanding any provision of this section or Title to the contrary, no person serving a sentence imposed for a Class A felony shall be permitted to participate in any furlough or furlough program under the provisions of this section." Approved June 27, 1978. 988 CHAPTER 364 FORMERLY SENATE BILL NO. 539 AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF PUBLIC SAFETY TO BE USED FOR THE PURCHASE OF NEW HELICOPTER BLADES. BE IT EANCTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The sum of twenty-two thousand dollars ($22,000.00) is hereby appropriated to the Department of Public Safety to be utilized by the Division of State Police in the purchase of new heli-copter blades. Section 2. This Act is a supplementary appropriation act and the funds hereby appropriated shall be paid from the General Fund of the State Treasury from moneys not otherwise appropriated. Section 3. The funds so appropriated shall be used only for the purposes herein specified, and any funds appropriated but unex-pended by July 1, 1978, shall thereupon revert to the General Fund of the State Treasury. Approved June 27, 1978. 989 CHAPTER 365 FORMERLY HOUSE BILL NO. 528 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 15, TITLE 13, DELAWARE CODE, RELATING TO DIVORCE AND ANNULMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §1503, Chapter 15, Title 13, Delaware Code, by striking paragraph (7) in its entirety and by inserting in lieu thereof the following: "(7) 'Separation' means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage characterized under §1505 (b) (2) of this title; and separation may commence and/or continue while the parties reside under the same roof, provided during such period, the parties occupy separate bed-rooms and do not have sexual relations with each other, except as §1505 (e) of this chapter may apply." Section 2. Amend §1503, Chapter 15, Title 13, Delaware Code, by striking from paragraph (8), in lines 4 and 5, the words, "or by participation by respondent in judicial proceedings", and inserting in lieu thereof the words "or by proof of institution by respondent of separate judicial proceedings". Section 3. Amend §1505, Chapter 15, Title 13, Delaware Code, by striking subsection (a) in its entirety and by inserting in lieu thereof the following: "(a) The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable." Section 4. Amend §1505 (b), Chapter 15, Title 13, De/aware Code, by striking the phrase "where reconciliation is improbable" as the same appears in the last line of said subsection and by chang-ing the comma "" after the word "incompatibility" to a period".". Section 5. Amend §1505 (e), Chapter 15, Title 13, Delaware Code, by striking subsection (e) in its entirety and by adding a new subsection (e) to read as follows: 990 Chapter 365 "(e) Bona fide efforts to achieve reconciliation prior to divorce, even those that include, temporarily, sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, pro-vided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30 day period immediately preceding the day the Court hears the petition for divorce." Section 6. Amend §1506, Chapter 16, Title 13, Delaware Code, by adding a new subsection to be designated (e) and to read as follows: "(e) 'Separation" as defined in §1503 (7) of this title is inapplicable to annulment proceedings; and a petition may be filed whenever a circumstance exists as defined by, and within the time limit specified in, this section." Section 7. Amend §1507, Chapter 15, Title 13, Delaware Code, by striking subsection (c) in its entirety and by adding four new subsections to be designated (c), (d), (e) and (f) and to read as follows: "(c) The petition shall be filed either in the county wherein petitioner resides or the county wherein respondent resides. The petition shall be filed with the Clerk of the Court, along with such deposit to cover costs as the Court may fix, and a praecipe instructing the Clerk how service is to be made or jurisdiction otherwise sought or acquired over respondent. A petition for divorce may be filed at any time following the separation of the parties if the requirements of §1504 (a) have been satisfied although no ruling shall be made to determine whether to grant a divorce until after the parties have been separated for 6 months; provided, however, that relief under §1509 shall be available to the parties during the interim. (0 The relief prayed for under subsection (b) (11) of this section may include, where appropriate under the facts and law, in addition to a prayer for a decree of divorce or annulment, prayers for other relief that may be available under this title, including, without limitation, prayers for interim relief (§1509), alimony (1512), property dis-position (f1513), resumption of prior name (1514), costs and attorneys' fees (i1515), support for a child (subchapter Chapter 365 991 I, Chapter 5 of this title), and custody and/or child visit-ation (subchapter II, Chapter 7 of this title)." Section 8. Anend §1509 (a), Chapter 15, Title 13, Delaware Code, by adding thereto two new paragraphs to be designated para-graphs (7) and (8) and to read as follows: "(7) For support of a child under Chapter 5 of this title; (8) For custody and/or visitation of a child under Chapter 7 of this title." Section 9. Amend §1509, Chapter 15, Title 13, Delaware Code, by adding thereto a new subsection to be designated subsection (c) and to read as follows: "(c) Where appropriate under the facts and law, relief afforded a party under subparagraphs (1), (3), (4) and/or (5) of subsection (a) of this section may be continued and/or included in the relief granted under §1518 (b) of this title." Section 10. Amend §1511, Chapter 15, Title 13, Delaware Code, by striking subsection (c) in its entirety, redesignating subsection (d) as subsection (c) and subsection (e) as subsection (d), and by Inserting in new subsection (c) a period"." after the word "counter-claim" as the same appears at the beginning of the third line, and then striking all the words following the word "counterclaim". Section 11. Amend §1512 (b), Chapter 15, Title 13, Delaware Code, by adding a new paragraph to be designated paragraph (7) and to read as follows: "(7) Tax consequences." Section 12. Amend §1513 (a), Chapter 15, title 13, Delaware Code, by adding a new paragraph (11) and to read as follows: "(11) Tax consequences." Section 13. Amend §1513, Chapter 15, Title 13, Delaware Code, by adding a new subsection to be designated subsection (f) and to read as follows: "(f) The Court may order a party to execute and deliver any deed, document or other paper necessary to effectuate an order entered under this Chapter, and if the party so ordered fails to do what he has been ordered to o the Court, in addition to any penalty or sanction it may decide to impose 992 Chapter 365 upon that party for such disobedience, may direct the Clerk of the Court to do what the part was ordered to do, and such performance by the Clerk shall be as effective as the preformance of the party would have been." Section 14. Amend §1516, Chapter 15, Title 13, Delaware Code, by striking said section in its entirety and by substituting in lieu thereof the following: "§1516. Hearings; use of masters, impoundment, assignment of counsel '(a) All hearings and trials shall be private, but for reasons appearing sufficient to the Court any hearing or trial may be opened to any person who has a direct and legitimate interest in the particular case, or a legitimate educational or research interest in the work of the Court. A judge, sitting without a jury, shall con-duct all hearings and trials where there is a contest; but, pursuant to Court rule, hearings in uncontested proceedings may be conducted by a master, sitting without a jury, in accordance with §913 of Title 10. Whenever it seems appropriate, in the interest of justice, the Court may designate a disin-terested attorney to defend, or otherwise participate in, a proceeding before the Court, and a fee for such attorney shall be taxed as part of the costs. No record or evidence in any case shall be impounded or access thereto refused."' Section 15. Amend §1517, Chapter 15, Title 13, Delaware Code, by striking subsection (a) in its entirety and by adding a new sub-section (a) to read as follows: "(a) Whenever the petition for divorce or annul-ment is not contested by respondent, the allegations thereof are presumed to be accurate and true, and the Court shall rule upon the petition after a hearing at which only petitioner need testify; but if petitioner's testimony fails to support the petition in any essential respect, the Court may deny the petition or require corroborating testimony or other evidence before ruling thereon." Chapter 365 993 Section 16. Amend §1517, Chapter 15, Title 13, Delaware Code, by striking the first 3 lines of subsection (b) and paragraph (1) of subsection (b), and by substituting in lieu thereof the following: In contested cases, after a hearing the Court shall: 1. Rule upon the petition; or" Section 17. Amend §1517, Chapter 15, Title 13, Delaware Code, by redesignating subsection (c) as subsection (d), and by adding a new subsection (c) to read as follows: Before entering a decree the Court shall review the record to determine that: The averments of the petition satisfy §§1504 (a), 1505 or 1506, and 1507 of this chapter; Jurisidction has been acquired over respondent under §1508 of this chapter; In uncontested cases, whether the time for respondent to file a responsive pleading has expired; The parties to a divorce proceeding have continued to be separated since the commence-ment of this action, except as f1505 (e) of this chapter may apply; A certified copy of the parties' marriage record has been filed; and The affidavit of non-military service, wherever required by federal statute, has been filed." Section 18. Amend §1518, Chapter 15, Title 13, Delaware Code, by striking subsection (a) in its entirety and by substituting in lieu thereof a new subsection (a) to read as follows: "(a) A decree granting or denying a petition or divorce or annulment is final when entered, subject to the right of appeal. An appeal that does not challenge the decree of divorce or annulment, but challenges only rulings with respect to re-lief awarded under other sections of this chapter, or other matters incidental or collateral to such decree, shall not delay the finality of the decree of divorce or annulment, and the parties may remarry while the appeal is pending." Section 19. Amend §1518, Chapter 15, Title 13, Delaware Code, by striking subsection (b) in its entirety and by Lnserting in lieu thereof a new subsection (b) to read as follows: Whenever the Court enters a decree granting a petition for divorce or annulment, a certified copy of such decree shall be made available to the parties within 30 days after such ruling; but following a contested proceeding, such a copy of the decree shall only be made available to the parties 30 days after such ruling, and after the furnishing of such proof as the Court may require that no appeal challenging the decree of divorce or annulment is pending." Section 20. Amend §1518, Chapter 15, Title 13, Delaware Code, by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: In the decree granting or denying a petition for divorce or annulment, or by separate order or orders preceding or following such decree, the Court shall dispose of all other prayers for relief, where appropriate under the facts and law; but an application for such relief and a hearing thereon must be presented in the petition or response, or by motion after notice to the other party prior to the entry or denial of such decree." Section 21. Amend 51518, Chapter 15, Title 13, Delaware Code, byredesignating subsections (d), (e) and (f) as subsections (e), (f) and (g) and by adding a new subsection to be designated (d) and to read as follows: Court costs, including any fee for the services of an attorney allowed by the Court, shall be taxed by the Court at or about the time of the granting or denial of the decree of divorce or annulment, at the time of disposition of other prayers for relief in accordance with subsection (c) of this section, following this disposition of an appeal, or at such other time or times as the Court may deem appropriate." Section 22. Amend §1519, Chapter 15, Title 13, Delaware Code, by striking subsection (a) in its entirety and by inserting in lieu thereof a new subsection (a) to read as follows: "(a) A decree or separate order entered under §1518 of this title may be modified or terminated only as follows: (1) Support for a child, only as provided in Chapter 5 of this title, or otherwise; 994 Chapter 365 Chapter 365 Custody and/or visitation of a child, only as provided in Chapter 7 of this title, or otherwise; Property disposition, only upon a showing of circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court of this State; Alimony or any other relief awarded, only upon showing of real and substantial change of circumstances." Section 23. Amend Chapter 15, Title 13, Delaware Code, by adding a new section thereto to be known as 61523 and to read as follows: "61523. Time for Appeal "No appeal from an interim or final decree, judgment or order entered pursuant to Chapter 15 of this title shall be received or entertained unless the praecipe, notice of appeal or other document or documents required for the appeal is or are duly filed with the proper appellate court within 30 days after the date of the same." Approved June 27, 1978. 995 1 996 CHAPTER 366 FORMERLY HOUSE BILL NO. 610 AS AMENDED BY HOUSE AMENDMENT NO. 4 AN ACT TO AMEND CHAPTER 55, TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN; AND PROVIDING FOR THE OPTIONAL AND MANDATORY RETIREMENT OF STATE EMPLOYEES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 55521 (a) Title 29, Delaware Code, by strik-ing the words "The mandatory retirement age shall be as follows:" and all thatappearsthereafter and by inserting in lieu thereof the following: "The manadtory retirement age shall be age 70 years." Section 2. Amend 55521, Title 29, Delaware Code, by striking subsection (b) thereof and by restyling subsection (c) as subsection (b). Approved June 27, 1978. CHAPTER 367 FORMERLY HOUSE BILL NO. 880 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLES 25, 21 AND 10 OF THE DELAWARE CODE RELATING TO LIENS OF GARAGEMEN, LIVERY AND STABLE KEEPERS; SALE OF ABANDONED VEHICLES; REMOVAL AND SALE OF MOTOR VEHICLES FROM PUBLIC HIGHWAYS BY POLICE AND FEES THEREFOR. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 39, Title 25, Delaware Code, by strik-ing sections 3901 through 3909 in their entirety and substituting in lieu thereof the following new sections: "§3901. Persons Entitled to Liens Any hotelkeeper, innkeeper, garage owner or other person who keeps a livery, boarding stable, garage, airport, marina, or other establishment and, for price or reward at such livery, boarding stable, garage, airport, marina or other establishment, furnishes food or care for any horse or has the custody or care of any carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane, or other vehicle or any harness, robes or other equipment for the same or makes repairs, performs labor upon, furnishes services, supplies or matierals for, stores, safekeeps, or tows any carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane, or other vehicle or any harness, robes, or other equipment for the same shall have a lien upon such horse, carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat , airplane, or other vehicle, harness, robes or equipment and the right to detain the same to secure thepaymentof such price or reward. Unless the context of this Chapter requires otherwise, a lienholder shall mean any person defined in sub-section (a) of this section. §3902. Lienholder's Loss of Possession (a) In case, either before or after the price or re-ward become due and payable, the lienholder under Section 3901 loses possession of the encumbered property, except by court order pursuant to this Chapter, the lienholder's lien shall continue in full force and effect, provided that within 10 997 998 Chapter 367 days from the time of the loss of possession the lienholder files an application for the issuance of an authorization to conduct a lien sale or counterclaims for the sale of the encumbered property replevin action brought by the owners or other persons claiming an interest in the property. §3903. Sale to Satisfy Liens If a lineholder under Section 3901 or Section 3902 is not paid the amount due, and for which the lien is given within thirty (30) days after the same or any part thereof became due, then the lienholder may proceed to sell the property, or so much thereof as may be necessary, to satisfy the lien and costs of sale pursuant to Section 3905 if (1) an authorization to conduct a lien sale has been issued pursuant to this section, (2) a judgment has been entered in favor of the lienholder on the claim which gives rise to the lien, or (3) the owners and any secured parties of record or known lienholders of the property have signed, after the lien has arisen, a release of any interest in the property in the form prescribed by Section 3904. A lienholder may apply to a justice of the peace in the county in which the lienholder's business establishment is situated for the issuance of any authorization to conduct a lien sale under Section 3905. The application shall be executed under penalty of perjury and shall include all of the following: A description of the property. The names and addresses of the owners of the property and the names and addresses of any other persons who the lienholder knows claim an interest in the property. A statement of the amount of the lien and facts concerning the claim which gives rise to the lien. If compensation for storage is claimed, the per diem rate of storage shall be shown. The date, time and place that the property will be sold if the authorization to conduct a lien sale is issued. A statement that the lienholder has no information or belief that there is a valid defense to the claim which gives rise to the lien. Chapter 367 999 (c) Upon receipt of an application which is made pur-suant to subdivision (b), the justice of the peace shall send a notice and a copy of the applicatior by certified mail or registered mail, return receipt requested, to the owners secured parties of record and any known lienholders and any other persons whose names and addresses are listed in the application. |
| Date Digital | 2010 |
| CONTENTdm file name | 3092.cpd |
Description
| Title | Laws of the State of Delaware - Volume 61 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND TWENTY- NINTH GENERAL ASSEMBLY SPECIAL SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 4, A. D. 1977 FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A. D. 1977 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A. D. 1978 PART II VOLUME LXI |
| CONTENTdm file name | 72400.pdfpage |
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