Laws of the State of Delaware - Volume 64 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY SECOND
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
1983
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1984
VOLUME LXIV
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 64 |
| Description | Laws of the State of Delaware. One Hundred And Thirty Second General Assembly First Session Commenced And Held At Dover On Tuesday, January 11, A.D. 1983 Second Session Commenced And Held At Dover On Tuesday, January 10, A.D. 1984 Volume LXIV. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY SECOND GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A.D. 1983 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A.D. 1984 VOLUME LXIV INDEX ADMINISTRATIVE PROCEDURES ACT Board of Pilot Commissioners, Chapter 161 Division of Consumer Affairs, Chapter 168 professional engineers, Chapter 483 adoption access to adoption records, Chapter 387 public officers and employees, Chapter 419 ADULT CORRECTIONS parole procedures, Chapters 22, 188 Sentencing Accountability Commission, Chapter 402 supervised custody and work release. Chapter 200 adult entertainment establishments, Chapter 416 adulteration, Chapter 191 Adult Protective Services Act, Chapter 103 Advanced Real Property Acquisition Fund, Chapter 18 Advisory Council for the Coordination of Services, Chapter 60 "Agent Orange" bill, Chapter 25 AGRICULTURE Canada thistle, Chapter 300 Council on Poultry Promotion, Chapter 294 criteria for land use. Chapter 127 domestic animals, Chapter 292 Farmland Assessment Act. Chapter 267 Johnsongrass control, Chapter 285 plant diseases and pests, Chapter 234 preservation of agricultural lands, Chapter 465 purchase of grain crops, Chapter 392 State grain inspectors, Chapter 439 aid to families with dependent children, Chapter 148 ALCOHOLIC LIQUORS criminal offenses and penalties, Chapter 435 licenses and taxes, Chapters 104, 430, 434, 436, 437 sales to minors prohibited. Chapter 216 allocation of principal and income, Chapter 176 ti Amusement Rides Safety Inspection and Insurance Act, Chapter 409 anatomical gifts, Chapter 16 ANNALS cruelty to animals, Chapter 176 dogs, Chapter 283 domestic animals, Chapter 292 red fox whelps, Chapter 36 antique motor vehicles, Chapter 364 APPROPRIATIONS Budget Appropriation Act (1983), Chapter 79 Budget Appropriation Act (1984), Chapters 90, 130 Budget Appropriation Act (1985), Chapter 334 grants-in-aid, Chapter 340 nominal appropriations. Chapter 73 archaeological sites, Chapter 138 ARREST AND COMMITMENT OF OFFENDERS arrest without warrant, Chapter 362 federal law enforcement officers, Chapter 254 Statewide authority of police officers, Chapter 101 Assawoman Wildlife Area, Chapter 277 Auditor of Accounts. Chapter 205 Authority on Radiation Protection, Chapter 302 authorization of persons to sell insurance certificate of authority. Chapter 348 deposit requirements, Chapter 269 BANK FRANCHISE TAXES banks and trust companies having capital stock, Chapter 328 basis for assessment and taxation, Chapter 160 situs of stock for taxation, Chapter 442 bank loans investments of fiduciaries, Chapter 141 loans to executive officers and directors, Chapter 428 BANKS AND TRUST COMPANIES availability of funds. Chapter 478 consumer credit banks, Chapter 42 corporation law for banks, Chapters 156, 461 deposits, payments on income, and annuity contracts, Chapter 349 International Banking Development Act. Chapter 43 loan limitations, Chapters 141, 428 taxation, Chapters 160, 328, 442 Baumgardt, Elizabeth W., Chapter 164 beaches erosion control, Chapter 361 prohibition against dogs, Chapter 283 Bethany Beach, Town of, Chapter 440 Bethel Public School, Chapter 24 beverage containers Aluminum Container Re-Cycling Monitoring Committee, Chapter 500 effective date of "bottle bill" Chapter 111 BIDDING REQUIREMENTS FOR PUBLIC WORKS Division for the Visually Impaired, Chapter 98 procurement of materiel and work, Chapter 359 retainages under public works contracts, Chapter 107 Bingo, Chapter 93 "blue collar" bill, Chapter 460 Board of Architects, Chapter 1 Board of Chiropractic, Chapter 413 Board of Electrical Examiners, Chapter 476 Board of Funeral Service Practitioners, Chapter 429 Board of Jury Commissioners filling of vacancy, Chapter 186 selection of Jurors, Chapter 187 Board of Landscape Architects, Chapter 117 BOARD OF MEDICAL PRACTICE composition of the Board, Chapter 477 Delaware Sunset Act, Chapter 222 Proceedings of the Board, Chapter 327 Board of Nursing, Chapter 26 Board of Personal Services, Chapter 8 BOARD OF PHARMACY certificate requirements, Chapter 452 qualifications required for licensure applicants, Chapter 167 renewal of licenses, Chapter 247 iv BOARD OF PILOT COMMISSIONERS Administrative Procedures Act, Chapter 161 establishment of Board, Chapter 195 expenses of the Board. Chapter 360 Board of Podiatry reconstruction of the Board, Chapter 39 temporary continuation of the Board. Chapter 484 Board of Services, Chapter 429 BOARD OF VETERINARY MEDICINE apppointment and qualification of members, Chapter 448 meetings of the Board, Chapter 117 temporary permits, Chapter 163 Boards of Ditch Commissioners, Chapter 136 BONDS Insurance deposit requirements, Chapter 269 local school bonds, Chapter 444 procedures for issuance of various bonds, Chapter 318 "bottle bill" Chapter 57 Bridgeville, Town of, Chapter 299 Budget Appropriation Act (1983), Chapter 79 BUDGET APPROPRIATION ACT (1984) omnibus amendment, Chapter 130 original Act. Chapter 90 Violent Crimes Compensation Board, Chapter 248 Budget Appropriation Act (1985) judicial salaries, Chapter 450 original Act, Chapter 334 BUDGET PREPARATION PROCESS appropriation reduction by Governor, Chapter 7 estimates of General Fund revenues, Chapter 324 payment of appropriations, Chapter 109 prompt payment of invoices, Chapter 19 BUSINESS Business and Licensing System Act, Chapter 12 notification of new taxes, Chapter 120 Regulatory Flexibility Act, Chapter 51 operation of a security business, Chapter 281 protection of employees' rights, Chapter 257 service of summons, Chapter 52 Business Registration and Licensing System Business and Licensing System Act, Chapter 12 feasibility study. Chapter 457 Caesar Rodney, Chapter 489 Canada thistle, Chapter 300 Capital Improvements Bond Act of 1983 Delaware Transportation Authority, Chapter 11 Capital Improvements Bond Act of 1984 original Act, Chapter 131 Delaware Hospital for the Chronically Ill, Chapter 235 Capital Improvements Bond Act of 1985, Chapter 343 captive insurance companies. Chapter 454 Carpenter, Mildred, Chapter 137 charitable gift annuities banking, Chapter 349 Insurance, Chapter 155 charitable organizations, Chapter 410 CHILDREN child abuse, Chapter 213 Children's Trust Fund Act, Chapter 431 Missing Children Information Clearinghouse, Chapter 388 voluntary fingerprinting. Chapter 201 Children's Trust Fund Act, Chapter 431 CITY CHARTERS Dover, Chapters 5, 143 Harrington, Chapters 215, 308 Lewes, Chapter 233 Rehoboth Beach, Chapter 83 Seaford, Chapter 4 civil liability for driver's negligence, Chapter 59 Clayton Fire Company, Chapter 261 "closed" judicial pensions elegibIllty for retirement, Chapter 309 widows and widowers, Chapter 154 vi COMMERCE AND TRADE banks and trust companies, Chapter 141 corporations, Chapter 321 service stations, Chapter 264 Uniform Commercial Code, Chapters 152, 350. 358 COMMERCIAL FISHING fin fish, Chapter 251 gill nets, Chapter 279 menhaden, Chapter 115 commercial forest plantations. Chapter 128 Commissioner of Corrections, Chapter 147 Commission on Family Law, Chapter 481 Commission on the Transportation of Hazardous Materials, Chapter 126 Committee to Insure the Availability of Professional Educators in Crucial Curricular Areas, Chapter 491 COMMODITY TAXES Motor Carriers' Fuel Purchase Law, Chapters 394, 395 Motor Fuel Tax, Chapters 335, 365 Realty Transfer Tax, Chapter 5 Tobacco Product Tax, Chapter 231 comparative negligence, Chapter 384 composition of the General Fund, Chapter 50 computers, Chapter 438 CONSTITUTIONAL AMENDMENTS Enacted absentee voting, Chapter 177 appointment of Judges, Chapter 179 local and special laws relating to fences, Chapter 405 lotteries and other gambling. Chapter 54 Supreme Court, Chapter 180 Proposed term of office for certain county officers, Chapter 178 trial by jury, Chapter 404 CONSUMER AFFAIRS automotive warranties, Chapter 173 Consumer Protection Fund, Chapter 303 Division of Consumer Affairs, Chapters 2, 168 Landlord - Tenant Code, Chapter 289 medical practices, Chapters 175, 204 public utilities. Chapter 150 consumer credit banks, Chapter 42 Consumer Protection Fund, Chapter 303 CONVEYING OF PUBLIC LANDS parcel of 1.84 acres to Eva M. Williams, Chapter 337 portion of Assawomar6Wi1dlife Area to Bay View Park, Chapter 277 Warwick School No. 225 to Nanticoke Indian Association, Chapter 66 Corporation Income Tax, Chapter 94 CORPORATION LAW FOR STATE BANKS AND TRUST COMPANIES conduct of internal corporate affairs, Chapter 156 formation of a bank or trust company, Chapter 386 ownership of capital stock in another bank or trust company, Chapter 461 CORPORATIONS banking corporations, Chapter 156 foreign corporations, Chapters 321, 353 formation of corporations, Chapter 112 workmen's compensation, Chapter 92 Council on Consumer Affairs. Chapter 2 Council on Deaf Equality, Chapter 60 Council on Poultry Promotion, Chapter 294 Council on the Administration of Justice, Chapter 407 COUNTIES county government, Chapter 174 inter--county elections registration, Chapter 332 issuance of bonds, Chapter 318 Kent County. Chapters 74, 75 suburban community improvements, Chapter 357 Sussex County, Chapters 65, 67, 68, 69, 70 term of office for certain county officers, Chapter 178 COUNTY TAXES limitations upon county taxing powers, Chapter 77 specific organizations and purposes, Chapter 432 valuation and assessment of property. Chapter 127 Court of Chancery, Chapter 218 Court of Common Pleas, Chapter 462 COURTS AND CIVIL PROCEDURE cQ Court of Chancery, Chapter 218 Family Court, Chapters 217, 326 Justice of the Peace Courts, Chapters 35, 270. 274 vii viii Civil Procedure Board of Jury Commissioners, Chapters 186, 187 civil actions against school employees. Chapter 280 guardianship proceedings. Chapter 245 Indochina herbicide exposure, Chapter 25 Judges and Justices, Chapters 154, 179, 199, 214 landlord - tenant proceedings, Chapter 282 personal actions, Chapter 384 service of summons on non-residents. Chapter 52 special constables, Chapter 72 Tort Claims Act, Chapter 443 victim impact statements, Chapter 352 witnesses, Chapter 418 credit cards Retail Installment Sales Act. Chapter 209 use in extradition proceedings, Chapter 122 CRIMES Felonies adulteration, Chapter 191 computer-related offenses, Chapter 438 drug trafficking. Chapter 87 Insurance fraud, Chapter 194 receiving a stolen firearm, Chapter 38 theft and related offenses. Chapter 37 Misdemeanors frauds and cheats, Chapter 125 offenses involving deadly weapons, Chapter 44 official misconduct, Chapter 48 Criminal Justice Planning Commission, Chapter 407 CRIMINAL PROCEDURE extradition and detainers, Chapter 122 parole procedures, Chapters 22, 188 trial by jury, Chapter 404 victim impact statements, Chapter 352 witnesses and evidence, Chapter 276 cruelty to animals. Chapter 196 deadly weapons, Chapter 44 death with dignity, Chapter 204 Debt Set-off Act, Chapter 105 DECEDENTS AND DECEDENTS' ESTATES allocation of principal and income, Chapter 176 debts and claims against an estate, Chapter 319 guardian and ward, Chapters 185, 351 Register of Wills, Chapter 76 wills, Chapters 252, 253 deferred compensation for State employees, Chapter 433 DEFINITIONS basic skills unit, Chapter 323 beverage containers. Chapter 111 child abuse, Chapter 213 firearm, Chapter 17 gross receipts, Chapter 374 Insolvent insurer, Chapter 346 place of business, Chapter 102 public funds, Chapter 113 public utility, Chapter 342 security system. Chapter 377 unoccupied, Chapter 371 wages, Chapter 272 Delaware Administration for Regional Transit, Chapter 485 Delaware Compensation Commission, Chapter 449 Delaware Economic Development Authority application for assistance, Chapter 10 employment of Delaware residents, Chapter 320 Delaware Geological Survey, Chapter 225 Delaware Hospital for the Chronically III, Chapter 235 DELAWARE NATIONAL GUARD compensation for unused sick leave, Chapter 184 Department of Military Affairs, Chapter 258 financial assistance for education. Chapter 45 Delaware State Museum, Chapter 58 Delaware State Police, Chapter 181 Delaware Tort Claims Act, Chapter 443 Delaware Transportation Authority, Chapter 11 Delaware Veterans' Cemetery, Chapter 46 Delmar, Town of, Chapter 3 ix x Delmarva Advisory Council, Chapter 295 dentistry and oral hygiene, Chapter 236 Department of Administrative Services Division of Support Operations, Chapter 399 sale of State-owned materiel, Chapter 227 Department of Community Affairs and Economic Development Division of Volunteer Services, Chapter 313 Emergency Housing Fund Administration, Chapter 425 Department of Correction, Chapter 304 Department of Finance. Chapter 457 Department of Health and Social Services, Chapter 166 Department of Housing, Chapter 256 Department of Labor Division of Employment Services, Chapter 499 Division of Vocational Rehabilitation, Chapter 393 Department of Services for Children, Youth and their Families, Chapter 108 desertion and support order of support. Chapter 139 violation of support order, Chapter 296 determination of unemployment compensation benefits definition of "wages" Chapter 272 elegibility for benefits. Chapter 427 Dewey Beach, Town of, Chapter 29 Division for the Visually Impaired competitive bidding, Chapter 98 receipts from vending stands. Chapter 99 Division of Alcoholism, Drug Abuse, and Mental Health, Chapter 467 Division of Consumer Affairs Administrative Procedures Act, Chapter 2 cease and desist orders, Chapter 168 1 DIVISION OF ENVIRONMENTAL CONTROL public hearings. Chapter 62 sewage system cleansers and additives. Chapter 370 water well permits. Chapter 472 Division of Mental Health, Chapter 467 Division of Purchasing. Chapter 453 Division of Securities, Chapter 112 Division of Vocational Rehabilitation, Chapter 393 Division of Volunteer Services, Chapter 313 dogs lead dogs and guide dogs, Chapter 389 prohibited from State coastal beaches, Chapter 283 DOMESTIC RELATIONS adoption, Chapter 387 Commission on Family Law, Chapter 481 desertion and support, Chapters 139. 296 Uniform Parentage Act, Chapter 190 Dover, City of annexation elections, Chapter 5 debt limit, Chapter 143 DRIVERS' LICENSES Information on licenses, Chapter 286 Issuance of temporary instruction permits. Chapter 355 license qualifications, Chapter 183 minors, Chapter 23 persons exempt from licensing requirements, Chapter 468 driving under the influence of intoxicating liquor or drugs, Chapter 13 DRUGS drug trafficking. Chapter 87 forfeiture of drug profits, Chapter 246 pharmaceutical research, Chapter 421 xi xii economic development Advanced Real Property Acquisition Fund, Chapter 18 Economic Development Authority, Chapters 10, 320 EDUCATION Administration Delaware National Guard, Chapter 45 distribution of surplus textbooks and equipment. Chapter 30 Education Improvement Act of 1984. Chapter 464 local school bonds, Chapter 444 Pupils and Courses basic skills units, Chapter 323 contracted services for certain pupils, Chapter 49 exceptional pupils, Chapter 381 handicapped pupils, Chapter 63 Instructional material in braille, Chapter 298 mandatory kindergarten, Chapter 315 subject-matter examination for pupils, Chapter 498 School. Employees indemnification of school employees, Chapter 280 lecturer in residence. Chapter 458 professional employees, Chapters 250, 341, 446 Education Improvement Act of 1984, Chapter 464 E. I. duPont de Nemours and Company. Chapter 379 ELECTIONS absentee voting, Chapter I'll central and mobile registration, Chapters 332, 424 election officers, Chapter 408 General Election referendum, Chapter 414 maps of senatorial districts, Chapter 133 school board elections, Chapters 82. 255 Blendsle, Town of, Chapter 197 Emergency Loan Board, Chapter 240 employment practices, Chapter 333 Environmental Appeals Board, Chapter 293 ENVIRONMENTAL CONTROL giant reed grass, Chapter 263 radioactive waste management compact, Chapter 140 soil and water conservation districts, Chapters 136, 382 estate taxes, Chapter 375 ESTIMATES OF GENERAL FUND REVENUES budget and fiscal regulations. Chapter 324 Estimate of General Fund revenues for Fiscal Year 1984, Chapters 486, 493 Estimate of General Fund revenues for Fiscal Year 1985, Chapters 487, 494 EXECUTIVE ORDERS APPEARING IN THIS VOLUME establishment of the Aluminum Container Re-cycling Monitoring Committee, Chapter 500 Re-organization of the Department of labor. Chapter 499 explosives, Chapter 118 FAMILY COURT procedural safeguards, Chapter 63 proceedings in the interests of a child, Chapter 326 Sussex County, Chapter 217 Farmland Assessment Act for counties, Chapter 267 for municipalities. Chapter 480 FEES AND LICENSES equalization of motor vehicle fees, Chapter 339 fees paid for election services, Chapter 408 Motor Vehicle Document Fee, Chapter 345 Sussex County building permits, Chapter 65 towed stock cars, Chapter 367 Fenwick Island, Town of assessment and collection of taxes. Chapter 268 qualifications of voters, Chapter 53 Financial Disclosure Act fair market value, Chapter 223 laws regulating the conduct of public officers, Chapter 110 "Finfish Act" Chapter 251 FIREARMS definitions, Chapter 17 discharge of firearm on public road. Chapter 3'/3 receiving a stolen firearm, Chapter 38 theft, Chapter 37 FIRE DEPARTMENTS AND COMPANIES Clayton Fire Company. Chapter 261 lotteries and other gambling, Chapter 100 personal income tax, Chapter 406 workmen's compensation, Chapter 412 xiv foreign corporations domestication of foreign corporations, Chapter 321 foreign corporations as fiduciaries, Chapter 353 forestry, Chapter 128 Forfeiture of Drug Profits Act, Chapter 246 Foster Child Review Act definition of "child" Chapter 447 re-organization of the Act, Chapter 47 frauds and cheats bad checks. Chapter 125 Insurance fraud, Chapter 194 Freedom of information Act. Chapter 113 gambling Constitutional amendment, Chapter 54 lotteries, Chapters 100, 383 garage owners, Chapter 34 GENERAL ASSEMBLY distribution of the Delaware Code, Chapter 453 Legislative Council, Chapter 329 representative districts in Kent County, Chapter 459 General Fund composition of the General Fund, Chapter 99 Industrial Accident Board, Chapter 241 giant reed grass, Chapter 263 glass beverage containers, Chapter 57 Governor, Office of, Chapter % Governor's Council on Labor, Chapter 290 GRANTS-IN-AID application forms, Chapter 490 Harvest Years Senior Center, Chapter 456 payments to be made quarterly, Chapter 109 supplementary appropriation, Chapter 116 gross receipts tax. Chapter 374 GUARDIANS AND GUARDIANSHIP appointment of guardians for minors, Chapter 351 guardians for aged and mentally-infirm persons. Chapter 245 term of guardianship, Chapter 185 "Guest Statute" Chapter 59 Haggerty. Ruth E., Chapter 301 HANDICAPPED PERSONS contracted services for certain therapists. Chapter 49 deaf persons, Chapter 389 handicapped pupils, Chapter 298 mentally handicapped persons, Chapter 403 mentally retarded persons, Chapter 305 official misconduct, Chapter 48 parking for handicapped persons, Chapter 203 registration of motor vehicles, Chapter 88 State Use Law, Chapter 85 U41 di , V-1 &F. 881 Harrington, City of city Charter. Chapter 215 conduct of meetings, Chapter 308 Hartly, City of, Chapter 210 Harvest Years Senior Center, Chapter 456 Hazardous Chemical Information Act, Chapter 344 HAZARDOUS MATERIALS Commission on the Transportation of Hazardous Materials, Chapter 126 Department of Public Safety, Chapter 28 hazardous substance incident, Chapters 123, 124 hazardous waste management, Chapter 162 pesticides, Chapter 183 HEALTH AND SAFETY Health hazardous substance incident, Chapter 123 hazardous wastes, Chapter 162 Inflammation of eyes of newborn, Chapter 119 radiation control, Chapter 302 sewage system cleansers and additives, Chapter 370 vaccine-preventable diseases, Chapter 471 XV xvi SafeL.,ty amusement rides, Chapter 409 fires and fire prevention, Chapter 336 hunting safety zones, Chapter 369 labeling of kerosene fuels, Chapter 31 storage of explosives, Chapter 118 health care insurance State police officers, Chapter 297 temporary employees, Chapter 145 Health Facilities Subsidy Fund, Chapter 463 health service corporations annual reports. Chapter 322 rates and rating organizations. Chapter 380 Hicks, Richard B., Chapter 462 HIGHWAYS discharge of a firearm while on a highway. Chapter 373 real property fronting on a highway, Chapter 312 reconstruction of private subdivision streets, Chapter 405 service stations, Chapter 264 Home Solicitation Sales Act. Chapter 102 HORSE RACING arabian horses, Chapter 266 horse racing in Kent County, Chapter 21 hours during which racing is prohibited. Chapter 278 tax on pari-mutuel income, Chapter 244 hospitals and other health facilities, Chapter 463 HOUSE JOINT RESOLUTIONS APPEARING IN THIS VOLUME Committee to Insure the Availability of Professional Educators in Critical Curricular Areas, Chapter 491 designating Memorial Day as a legal holiday. Chapter 495 establishing a process for awarding grants-in-aid. Chapter 490 estbnate of General Fund revenues for Fiscal Year 1983, Chapter 492 estimate of General Fund revenues for Fiscal Year 1984, Chapters 493, 494 Steering Committee for a Mastery Examination Program. Chapter 498 Task Force on Education for Economic Growth, Chapters 496, 497 housing authorities State Housing Authority. Chapter 256 Wilmington Housing Authority, Chapter 390 Houston, Town of, Chapter 211 HUNTING AND FISHING fin fish, Chapter 251 hunting safety zones, Chapter 369 menhaden, Chapter 115 shellfish, Chapter 279 surf clams, Chapter 243 IMPOSITION OF PERSONAL INCOME TAX general reduction in tax rates, Chapter 317 reductions for taxable incomes of $40,000 and above, Chapter 325 tax tables for individuals, Chapter 376 individual health insurance minimum standards, Chapter 142 Workman's Compensation, Chapter 378 Indochina herbicide exposure, Chapter 25 INDUSTRIAL ACCIDENT BOARD appointment and composition. Chapter 170 compensation of Board members, Chapter 469 receipts and disbursements, Chapter 241 INSURANCE Insurance Companies and Associations captive insurance companies, Chapter 454 health service corporations, Chapters 322, 380 life and health insurance guaranty association, Chapter 106 Hegulatiork 91 Immo Practices agents, brokers and solicitors, Chapters 121, 228, 230, 347 authorization of insurers, Chapters 269, 348 rates and rating organizations, Chapter 80 rehabilitation and liquidation, Chapters 193, 420 standard non-forfeiture and valuation law, Chapter 55 Dam 91 Immo annuities, Chapter 155 casualty insurance contracts, Chapter 426 health care insurance, Chapters 145, 297 Individual health insurance, Chapters 142, 378 property insurance contracts, Chapter 371 requirement of insurance for all motor vehicles, Chapters 198, 356 INSURANCE AGENTS, BROKERS, SOLICITORS AND ADJUSTORS Issuance and refusal of license, Chapter 121 license contents, Chapter 228 temporary licenses, Chapter 347 written examinations, Chapter 230 xvii insurance corporations access to assets of insurer in liquidation, Chapter 193 stunmary proceedings, Chapter 420 Insurance Guaranty Association Act, Chapter 346 International Banking Development Act, Chapter 43 Johnson Grass, Chapter 285 Joint Commission on School Reorganization, Chapter 341 JUDGES AND JUSTICES advisory opinions, Chapter 214 disability pensions for new Judges, Chapter 199 judicial pay raises, Chapter 450 pensions for members of the State judiciary, Chapter 154 JUSTICE OF THE PEACE COURTS appointment of constables, Chapter 271 costs, Chapter 274 full time (24-hour) courts, Chapter 35 Jurisdiction, powers and venue, Chapter 270 KENT COUNTY bidding procedures, Chapter 174 General Assembly districts, Chapter 459 pensions for county employees, Chapter 75 prothonotary, Chapter 455 receiver of taxes and county treasurer, Chapter 74 Recorder of Deeds, Chapter 89 key executives, Chapter 40 King, Martin Luther. Chapter 451 LABOR employment practices, Chapter 333 Governor's Council on Labor, Chapter 290 Industrial Accident Board, Chapters 170, 469 minimum wage rate, Chapter 84 protection of employees' rights, Chapter 257 right to inspect personnel files, Chapter 473 unemployment compensation, Chapters 91, 214, 258 wage payment and collection, Chapters 132, 226 workman's compensation. Chapters 92, 157. 171 LANDLORD AND TENANT lease of mobile homes, Chapter 95 summary proceedings for possession, Chapter 282 tenant obligations and landlord remedies, Chapter 289 Laurel School District, Chapter 24 Laurel, Town of Issuance of revenue bonds, Chapter 64 town Charter, Chapter 288 LAW ENFORCEMENT arrest and commitment of offenders, Chapters 101, 354 arrest without a warrant, Chapter 362 police officers, Chapter 101 law enforcement officers county and municipal police, Chapter 445 State-wide authority of police, Chapter 101 lease of State properties, Chapter 172 legal holidays Martin Luther King's birthday, Chapter 451 Memorial Day, Chapter 495 legal representation for indigent persons, Chapter 212 Legislative Council of Delaware, Chapter 329 Leipsic, Town of, Chapter 307 "lemon law" Chapter 173 Lewes, City of competitive bidding, Chapter 233 electricity to rental units, Chapter 306 libraries, Chapter 400 LICENSES AND PERMITS conservation permits, Chapter 146 drivers' licenses, Chapters 23, 183, 286, 355 Insurance licenses, Chapter 228 sports and amusements, Chapter 310 taxicab or bus operators, Chapter 287 water well permits, Chapter 472 xix XX LICENSES TO SELL ALCOHOLIC LIQUORS certificate and term of license. Chapters 436. 437 determination of applications. Chapter 430 purchase, sale and dispensing of liquors, Chapters 104, 434 liens of garagemen, Chapter 34 Life and Health Insurance Guaranty Association assessments, Chapter 106 rehabilitation and liquidation. Chapter 193 local school districts sale or lease of property. Chapter 254 termination of professional employees, Chapter 250 LOTTERIES Constitutional amendment, Chapter 54 lottery referendum, Chapter 414 payment of prizes, Chapter 383 volunteer fire companies, Chapter 100 maps senatorial districts. Chapter 133 Sussex County. Chapter 70 Medicaid non-State institutions, Chapters 129, 219 State institutions, Chapter 221 MEDICAL PRACTICES abandoning or discontinuing the practice. Chapter 372 agreements not to compete, Chapter 175 patient's right to terminate treatment. Chapter 204 menhaden, Chapter 115 MENTAL HEALTH autistic persons. Chapter 381 mentally handicapped citizens, Chapter 403 mental retardation, Chapter 305 patients' Bill of Rights, Chapter 421 merit system of personnel administration classified service and exemptions, Chapter 291 temporary, casual and seasonal employees, Chapter 439 Merriken, Mrs. P. H. C., Chapter 58 milk, Chapter 41 Milton, Town of, Chapter 265 minimum wage rate, Chapter 84 MINORS alcoholic liquors. Chapter 216 application for driver's license, Chapter 23 support of minor child, Chapter 139 Uniform Gifts to Minors Act, Chapter 391 Missing Children Information Clearinghouse, Chapter 388 MOBILE HOMES AND MOBILE HOME PARKS certification of tax status, Chapter 74 conversion of mobile home properties, Chapter 14 lease of mobile homes or mobile home lots. Chapter 95 MOTOR CARRIERS' FUEL PURCHASE LAW exempt vehicles, Chapter 394 penalties for failure to comply, Chapter 396 vehicle markers, Chapter 395 MOTOR FUEL TAX aid to municipalities for streets, Chapter 415 license for retail sale of gasoline, Chapter 368 special fuels, Chapters 335, 397 Motor Vehicle Document Fee, Chapter 345 MOTOR VEHICLES Administration certificates of title, Chapters 276, 366 driver's licenses, Chapters 183, 286, 468 Insurance, Chapter 426 license plates for veterans, Chapters 206, 262 registration of vehicles, Chapters 88, 260, 339, 466 requirement of Insurance for all motor vehicles, Chapter 198 size-and-weight enforcement technicians, Chapter 181 "special number" plates for towed vehicles, Chapter 367 &aim= g construction size and weight of vehicles, Chapter 338 special mobile equipment, Chapter 259 vehicle windshields, Chapter 33 Offenses driving under the influence of intoxicating liquor or drugs, Chapter 13 overweight and oversized vehicles, Chapter 207 parking for handicapped persons, Chapter 203 passing a stopped school bus, Chapter 311 XXi Types of Vehicles antique vehicles. Chapter 364 motorcycles, Chapter 355 taxicabs, Chapter 411 motor vehicle title certificates crimes and criminal procedures, Chapter 276 titles and liens, Chapter 366 multiple-unit housing, Chapter 14 MUNICIPALITIES aid to municipalities for streets, Chapter 415 Farmland Assessment Act, Chapter 480 municipal zoning regulations, Chapter 284 qualified agencies for construction of treatment works, Chapter 331 NATURAL RESOURCES beach erosion control, Chapter 361 non--game wildlife and habitat preservation programs, Chapter 151 preservation of agricultural lands, Chapter 465 red fox whelps, Chapter 36 state coastal beaches, Chapter 283 wetlands, Chapter 61 navigation and waters abandoned vessels, Chapter 242 pilotage rates, Chapter 232 New Castle County Justice of the Peace Courts, Chapter 35 sale of land owned by the County, Chapter 229 Northeast Interstate Low-Level Radioactive Waste Management Compact, Chapter 140 notaries public. Chapter 275 nursing home administrators, Chapter 159 OCCUPATIONS AND PROFESSIONS architecture, Chapter 1 barbers, Chapter 144 chiropractic, Chapter 413 cosmetology, Chapter Ft dentistry, Chapter 236 electricians, Chapter 476 engineering, Chapter 483 massagists, Chapter 416 medicine, Chapters 175, 327, 372 notaries public, Chapter 275 nursing, Chapter 26 nursing home administrators, Chapter 159 pharmacy, Chapters 167, 247, 452 physical therapy, Chapter 192 podiatry, Chapter 39 real estate brokers and salesmen, Chapter 208 river pilots, Chapters 195, 360 taxicab or bus operators, Chapter 287 veterinary medicine, Chapters 117, 163 PARKS AND HISTORIC SITES archaeological and geological resources. Chapter 138 gift from E. I. ctuPont de Nemours and Company. Chapter 379 underwater lands, Chapter 475 patient's right to terminate treatment, Chapter 204 Paul F. Livingston Bridge, Chapter 385 peace officers, Chapter 80 pedestrians' rights and duties. Chapter 32 PENSIONS FOR MEMBERS OF THE STATE JUDICIARY acceptance of provisions, Chapter 202 "closed" plan, Chapters 154, 309 post-retirement increases, Chapter 249 "revised" plan, Chapter 199 PERSONAL INCOME TAX credits for active volunteer firemen, Chapter 406 Imposition and rate of tax, Chapters 317. 325, 376 Itemized deductions, Chapter 410 personal exemptions, Chapter 330 returns and payment of tax, Chapter 153 tax on resident individuals, Chapters 224, 470 withholding of tax. Chapters 6, 422 pesticides, Chapter 189 Phoenix Steel Corporation, Chapter 240 physical therapy, Chapter 192 Prisons And Prisoners parole procedures, Chapter 22 supervised custody and work release. Chapter 200 xxiv PRIVACY AND DISCLOSURE OF RECORDS access to adoption records, Chapter 387 banking practices, Chapter 478 right to inspect personnel files. Chapter 473 products utilizing petroleum derivatives. Chapter 31 prothonotaries, Chapter 455 PROFESSIONAL EMPLOYEES OF PUBLIC SCHOOLS conduct of termination hearings, Chapter 250 recruitment and training, Chapter 341 retired and disabled teachers, Chapter 446 PUBLIC CONTRACTS contracts with the County, Chapter 135 contracts with the State, Chapter 229 public library system, Chapter 400 public works contracts, Chapters 107, 359 public health, Chapter 118 PUBLIC OFFICERS AND EMPLOYEES Auditor of Accounts, Chapter 205 conflicts of interest, Chapter 423 Delaware Compensation Commission, Chapter 449 financial disclosure, Chapter 110 Public Defender, Chapter 212 Public Service Commission Jurisdiction and powers, Chapter 150 limitations on Commission jurisdiction, Chapter 342 PUBLIC UTILITIES land mobile radio service. Chapter 342 Public Service Commission, Chapter 150 public utilities taxes, Chapter 460 Quillen, Nelson L., Chapter 398 real estate brokers and salesmen, Chapter 208 REAL PROPERTY decedents' estates, Chapter 252 real property fronting on private roads, Chapter 312 State disposition of property, Chapter 96 XXV Realty Transfer Tax collection of tax, Chapter 15 payment from proceeds of judicial sale, Chapter 182 Recorder of Deeds, Chapter 89 REGISTER OF WILLS debts and claims against an estate, Chapter 319 deposit of an original will, Chapter 401 fees, Chapter 76 REGISTRATION OF MOTOR VEHICLES Inspection of vehicles, Chapter 260 plates, Chapter 88 registration of vehicles of new residents, Chapter 466 special mobile equipment. Chapter 259 registration of voters conduct of mobile registration, Chapter 424 Inter-county registration, Chapter 332 Regulatory Flexibility Act, Chapter 51 Rehoboth Beach, City of, Chapter 83 religion, Chapter 103 REORGANIZED SCHOOL DISTRICTS equalization funding, Chapter 314 mandatory kindergarten. Chapter 315 retention of certain income as "local funds" Chapter 50 sale of property, Chapter 81 State salary scales, Chapter 20 requirement of insurance for all motor vehicles funeral expense benefits. Chapter 356 motor vehicle safety and responsibility, Chapter 198 Retail Installment Sales Act, Chapter 209 RETIREMENT AND DISABILITY PENSIONS county and municipal police, Chapter 445 Kent County employees, Chapter 75 professional employees of public schools, Chapter 446 State employees, including judiciary, Chapters 309. 417 "Right to Know" Act, Chapter 344 river pilots Board of Pilot Commissioners, Chapter 195 navigation and waters, Chapter 232 xxvi RULES OF THE ROAD passing a stopped school bus, Chapter 311 pedestrians' rights and duties, Chapter 32 persons authorized to direct traffic, Chapter 165 sale of State-owned materiel, Chapter 227 school board elections local and school taxes, Chapter 255 time and place of election, Chapter 82 Seaford, City of Board of Adjustment, Chapter 56 floating debt, Chapter 4 Second Injury and Contingency Fund, Chapter 239 security systems and protective services electronic article surveillance equipment, Chapter 377 occupations and professions, Chapter 281 SENATE RESOLUTIONS APPEARING IN THIS VOLUME Board of Podiatry Examiners, Chapter 484 conunemmorating the 200th anniversary of Caesar Rodney's death, Chapter 489 Delaware Administration for Regional Transit, Chapter 485 Estimate of General Fund revenues for Fiscal Year 1984, Chapter 486 Estimate of General Fund revenues for Fiscal Year 1985, Chapter 487 Steering Committee on Telecommunications Policy, Chapter 488 Sentencing Accountability Commission, Chapter 402 set-off for statutory obligations, Chapter 105 SEWER AND WATER DISTRICTS cesspools, privy wells and drainage systems, Chapter 479 Kent County, Chapter 441 lien of service charges on real estate, Chapter 67 power to issue bonds. Chapter 68 sexual discrimination, Chapter 135 soil and water conservation districts, Chapter 382 "Son of Sam" Act, Chapter 169 special constables, Chapter 72 special fuel taxes powers of Motor Fuels Tax Division, Chapter 335 violations and penalties, Chapter 397 SPECIAL PENSIONS FOR NON-CONTRIBUTING, INELIGIBLE BENEFICIARIES Baumgardt, Elizabeth W., Chapter 164 Carpenter, Mildred, Chapter 137 Haggerty, Ruth E., Chapter 301 Ward, George A., Chapter 86 SPORTS AND AMUSEMENTS Bingo, Chapter 19 horse racing, Chapters 21, 244, 266, 2'18 licenses for shows and exhibitions, Chapter 310 Standard Non-forfeiture and Valuation Law, Chapter 55 State agencies agencies for inter-State cooperation, Chapter 295 budget and fiscal regulations, Chapter 19 State beverage, Chapter 41 STATE BOARD OF EDUCATION distribution of surplus textbooks and equipment, Chapter 30 individual employee contracts, Chapter 20 lecturer-in-residence pilot program, Chapter 458 State Board of Health, Chapter 471 State Bureau of Identification, Chapter 213 state economic development, Chapter 10 STATE EMPLOYEES conflicts of interest, Chapter 423 deferred compensation for public officers and employees, Chapter 433 health care insurance, Chapter 145 key employees, Chapter 40 leave of absense for adoption, Chapter 419 merit system of personnel administration, Chapter 291 methods of payment, Chapter 316 protection of public employees, Chapter 97 salaries and wages, Chapters 220, 225 State Employees' Federal Credit Union, Chapter 172 State Employees' Pension Plan elegIbility requirements and benefits, Chapter 417 post-retirement increases, Chapter 249 State Fire Marshal, Chapter 336 STATE GOVERNMENT Department of Administrative Services, Chapters 227, 399 Department of Community Affairs and Economic Development, Chapters 313, 425 Department of Correction, Chapters 147, 304 Department of Health and Social Services, Chapter 166 Department of Justice, Chapter 418 Department of Labor, Chapter 393 Department of Military Affairs, Chapters 45, 184, 259 Department of Natural Resources and Environmental Control, Chapter 146 Department of Public Safety, Chapters 28, 124 Division for the Visually Impaired, Chapter 98 Division of Environmental Control, Chapter 62 State Housing Authority, Chapter 256 State planning and property acquisition, Chapter 96 State Treasurer, Chapter 316 Steering Committee on Telecommunications Policy, Chapter 488 suburban community improvements, Chapter 357 Sunset Act, Chapter 222 SUPPLEMENTARY APPROPRIATIONS Department of Health and Social Services, Chapters 129, 219, 221 grants-in-aid, Chapter 116 Paul F. Livingston Bridge, Chapter 385 Phoenix Steel Corporation, Chapter 240 Quillen, Nelson L., Chapter 398 SUPREME COURT advisory opinions, Chapter 214 appointment of constables, Chapter 271 jurisdiction, Chapter 180 surf clams, Chapter 243 SUSSEX COUNTY administration of county government, Chapter 69 building permits, Chapter 65 official map of Sussex County, Chapter 70 sewer and water districts, Chapters 67, 68 Sussex County Council, Chapter 149 zoning, Chapter 78 Task Force on Education for Economic Growth Career development and accountability programs for school employees, Chapter 496 Education Improvements Monitoring Committee, Chapter 497 TAXATION alcoholic beverages, Chapter 104 bank franchise tax, Chapter 160 commodity taxes. Chapters 5, 231, 335, 365 Corporation Income Tax, Chapter 94 county taxes, Chapter 77 deductions from tax refunds, Chapter 151 estate tax. Chapter 375 notification of new taxes, Chapter 120 Personal Income Tax, Chapter 6 set-off, Chapter 105 "Truth in Taxation" Chapter 363 tax ditches boards of ditch commissioners, Chapter 136 funds appropriated for ditches, Chapter 382 taxicabs, Chapter 411 tax on resident individuals Railroad Retirement Act benefits, Chapter 470 Social Security Act benefits, Chapter 224 Tax Reform Act of 1984 original Act, Chapter 317 personal exemptions, Chapter 330 Tax-related Job Creation and Economic Development Act, Chapter 325 theft and related offenses offenses involving deadly weapons, Chapter 38 theft of firarms, Chapter 134 Tobacco Product Tax, Chapter 231 TOWN CHARTERS Bethany Beach, Chapter 440 Bridgeville, Chapter 299 Delmar, Chapter 3 Dewey Beach, Chapter 29 Ellendale, Chapter 197 Hartly, Chapter 210 Houston, Chapter 211 Femvick Island, Chapter 53 Laurel, Chapters 64, 288 Leipsic, Chapter 307 Milton, Chapter 265 Wyoming, Chapters 9, 238 max TRANSFERS OF FUNDS ACROSS BUDGET LINES from Department of Corrections to Department of Health and Social Services, Chapter 235 from State Budget Office to Department of Agriculture, Chapter 237 General Fund positions from executive branch to State Personnel Office, Chapter 403 transportation, Chapter 11 "Truth in Taxation" Chapter 363 UNEMPLOYMENT COMPENSATION advisory council. Chapter 91 authority to borrow federal funds, Chapter 158 compensation benefits, Chapters 272, 427 Unemployment Compensation Fund, Chapter 114 Uniform Anatomical Gift Act, Chapter 16 UNIFORM COMMERCIAL CODE commercial paper, Chapter 350 electronic transfers and evidences of securities, Chapter 152 secured transactions, Chapters 358, 392 Uniform Controlled Substances Act, Chapter 246 Uniform Gifts to Minors Act, Chapter 391 Uniform Law on Notarial Acts, Chapter 275 Uniform Parentage Act, Chapter 190 University of Delaware. Chapter 220 Veterans Delaware Veterans' Cemetery, Chapter 46 special license plates, Chapters 206, 262 VICTIMS OF CRIMES payment of victim compensation, Chapter 273 "Son of Sam" Act, Chapter 169 victim impact statements, Chapter 352 Violent Crimes Compensation Board, Chapter 248 wage payment and collection employee termination pay. Chapter 226 salary differentials due to gender, Chapter 132 Ward, George A., Chapter 86 Warwick School No. 225, Chapter 66 Wastewater Treatment Construction Grants Act, Chapter 331 WELFARE aid to families with dependent children, Chapter 148 Foster Child Review Act, Chapters 47, 447 public benefits programs, Chapter 482 WETLANDS underwater lands, Chapter 475 Wetlands Appeals Board, Chapter 293 wetlands maps, Chapter 61 "whistle-blower's bill" Chapter 97 Williams, Eva M., Chapter 337 WILLS after-acquired real estate, Chapter 252 deposits with Register of Wills, Chapter 401 interpretation of a will, Chapter 253 Wilmington Housing Authority, Chapter 390 windshields, Chapter 33 withholding of income tax employer's return and payment of tax, Chapter 6 United States Olympics account, Chapter 422 Woodshaven School for Girls, Chapter 73 WORKMEN'S COMPENSATION executive officers, Chapter 92 Industrial Accident Board, Chapter 469 Second Injury and Contingency Fund, Chapter 239 sole proprietors and partners, Chapter 157 summer youth employment programs, Chapter 171 volunteer fire companies, Chapter 412 Wyoming, Town of annexation of territory, Chapter 9 organization of town council, Chapter 238 ZONING municipalities, Chapter 284 Sussex County, Chapter 77 CHAPTER 1 FORMERLY SENATE BILL NO. 67 AN ACT TO AMEND TITLE 24 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATION OF ARCHITECTURE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Chapter 3, Title 24 of the Delaware Code by striking said chapter in its entirety, and substituting in lieu thereof the following: "CHAPTER 3. ARCHITECTURE S301. Objectives and Functions The primary objective of the Board of Architects, to which all other objectives and purposes are secondary, is to protect the general public (including those persons who are direct recipients of services regulated by this Chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaints hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners. S302. Definitions The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 'Architect' shall mean a person registered with the Board of Architects to practice architecture. 'At cost' shall mean the cost expended by the Division of Business and Occupational Regulation in producing the materials, plus the cheapest available form of mailing or delivery. It shall not include any amount or fee amount which might be charged for employee time or other non-material items. 'Certificate of Registration' shall mean any document which indicates that a person is currently registered with the Board of Architects. 'Person or firm which provides construction services' shall Include architects and architectural businesses; engineers and engineering businesses; and any other occupation involved in the design of structures. 'Practice of Architecture' shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures; the services referred to include planning, preparing studies, designs, drawings and specifications and furnishing administration of construction contracts. S303. License to Practice The right to engage in the practice of architecture shall be deemed a personal right, based upon the qualifications of the individual as evidenced by his or her certificate of registration, which shall not be transferable. No person shall hold himself out to the public as being a licensed architect, or use in connection with his name or otherwise assume, use or advertise any title or description Intending to convey the impression that he is a licensed architect, unless such person has been licensed under this Chapter. The provisions of this Chapter shall not be construed to prevent, nor to affect: The work of an employee or subordinate of a licensee, providing such work is done under the direct responsbility and supervision of the licensee; The practice of architecture by a person licensed in this State as a professional engineer, 2 Chapter 1 when such practice is incidental to what may be properly considered an engineering project; The practice of architecture by a landscape architect legally registered in this State when such practice is incidental to what may be properly considered a landscape architecture project; The practice of architecture by a corporation, whether or not organized under Chapter 6 of Title 8, if the practice is done under the direct responsibility and supervision of an architect; The design by persons not registered under this Chapter of single and two-family dwellings, sheds, storage buildings, and garages incidental to such dwellings; The design by persons not registered hereunder of farm buildings: Including barns, silos, sheds, or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than ten persons; or The design by persons not registered hereunder of an alteration, renovation, or remodeling of a structure when such alteration, renovation, or remodeling does not affect structural or other safety features of the structure and when the work contemplated by the design does not require the Issuance of a permit under applicable building codes. $304. Board of Architects The Board of Architects shall consist of nine members appointed by the Governor: five professional members who shall be architects; and four public members. To serve on the Board, a public member shall not be nor ever have been a person or firm which provides construction services, nor a member of the immediate family of an architect or engineer; shall not have been employed by a person or firm which provides construction services; shall not have had a material financial interest in the providing of goods and services to any person or firm which provides construction services; nor have been engaged in an activity directly related to the design of buildings. No person shall be a public member if a member of such person's immediate family is an architect, or is an employee of an architect; or if a member of such person's immediate family has a material or financial interest in the providing of goods or services to architects. Each public member shall be accessible to inquiries, comments and suggestions from the general public. Each member shall serve for a term of five years, and may succeed himself for one additional term; provided however, that where a member was Initially appointed to fill a vacancy, such member may succeed himself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, and the member shall no longer be eligible to participate in Board proceedings unless lawfully appointed. A member of the Board shall be suspended or removed by the Governor for misfeasance, non-feasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. No member of the Board of Architects, while serving on the Board, shall be a President, Chairman or other official of a professional architect association. The provisions set forth for "employees" in $5855 of Title 29 shall apply to all members of the Board, and to all agents appointed by or otherwise employed by the Board. Each member of the Board shall receive not more than five hundred dollars ($500.00) in any calendar year; and shall receive not more than forty dollars ($40.00) for each meeting, under twelve meetings, which such member attends during that year. In the event the member attends a thirteenth meeting of the Board, such member shall receive the difference between the total compensation already received and the five hundred dollars ($500.00) maximum total permitted under this section. $305. Officers; Conduct of Business (a) In the same month of each year the members shall elect, from among their number, a President, and a Secretary. A member may serve as an officer or the Board for not more than three consecutive years. (hi The Board shall hold a regularly scheduled business meeting at least once in each quarter or a calendar year and at such other times as the President deems necessary, or at the request of a majority of Board members. Special or emergency meetings may be held without notice, but a copy of the minutes of such meeting shall be forwarded to those practitioners who have ordered copies of Board meetings. A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least five members. Any member who falls to attend three consecutive meetings, or who falls to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be Chapter 3. 3 deemed to have resigned from office and a replacement shall be appointed. Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Business and Occupational Regulation. At any hearing where evidence is presented, such hearing shall be recorded and transcribed by the Division. The Division of Business and Occupational Regulation shall annually compute the average expenses incurred in duplicating the following materials: the meeting schedule for the Board, notice of next business meeting, and the minutes of Board meetings. Upon his initial licensure and each license renewal, each practitioner shall receive a list of materials available from the Division, and the price charged to receive each for one year. Each item shall be offered to the practitioner at cost. A practitioner may order any one, or may order all, of the materials. 6306. Powers and Duties (a) The Board of Architects shall have authority to: (I) Formulate rules and regulations relating to official seals, rosters, and other matters, with appropriate notice to those affected, where such notice can reasonably be given. Each rule or regulation shall implement or clarify a specific section of this chapter; Designate the application form to be used by all applicants, and to process all applications; Designate a written national examination, prepared by the National Council of Architectural Registration Boards. The examination shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. The national examination shall be taken by persons applying for licensure, except those reciprocity applicants who have previously taken the examination; Provide for the administration of all examinations, including notice and information to applicants; Under such conditions as are permitted by the national testing service, to administer a nationally-prepared and corrected examination, or a similar national examination for those applicants who have been unable to take a national examination at the school or college of architecture, or elsewhere; Grant licenses to all persons who meet the qualifications for licensure; Receive complaints from practitioners and from the public concerning practitioners, or concerning practices of the Board or of the profession; to evaluate such complaints; and to take such action within its powers as the Board deems appropriate; Hold hearings and take such actions as are permitted under the provisions of the Administrative Procedures Act, except where such provisions conflict with the provisions of this Chapter. The Board shall determine whether or not a practitioner shall be the subject of a disciplinary hearing, and if so, to conduct such hearing in accordance with this Chapter; Where It has been determined after a disciplinary hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed; Bring proceedings in the courts for the enforcement of this chapter; In cooperation with the Division, to maintain complete records relating to meeting minutes, applications, examinations, rosters, changes and additions to the rules and regulations, complaints, hearings, and such other matters as the Board shall determine. (b) The Board may require by subpoena the attendance and testimony of witnesses and the production papers, records or other documentary evidence. S307. Application Procedure (a) An applicant who is applying for examination and licensure under this Chapter shall have the following qualifications: The applicant has been graduated from high school, or holds a diploma or certificate attesting that he has successfully completed the equivalent of a high school education; An applicant shall not have been convicted of a felony, nor have been professionally penalized or convicted for drug addiction, nor have been professionally penalized or convicted for 4 Chapter 1 fraud; (3) Each applicant shall provide such information as may be required on an application form designed and furnished by the Board. No application form shall require a picture of the applicant; reqwre information relating to citizenship, place of birth, or length of state residency; nor shall it require personal references. (b) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, It shall report its findings to the Attorney General for further action. (c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for him than for other applicants; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court. Examination of Applicants The Board shall, at least once per year, or at such times as are determined by the National Council of Architectural Registration Boards, administer a national examination, prepared by the National Council or other similar national testing service; or such portions of the national examination as it deems necessary. Such national written examination shall be obtained from, and corrected by, the National Council of Architectural Registration Boards. Where an applicant has failed to pass the examination, but has successfully completed and passed certain portions or sections of the examination, the applicant shall in the next subsequent examination be tested only for those portions or sections which he previously failed. In the event the applicant fails the second time to successfully complete those portions which he previously failed, the Board may require that such applicant again take the complete examination. In the event an applicant has already taken and passed the national examination, the certificate or other evidence from the testing service acknowledging same shall be accepted, and no further state examination shall be necessary. Reciprocity Where the applicant is already licensed in another State, the Board shall in lieu of all other requirements for licensure provided for in this chapter, accept a certificate or other evidence of his examination score, issued by the National Council of Architectural Registration Boards, which states that the applicant has successfully completed its national examination; provided however, that in cases where the current examination contains additional sections relating to matters not covered by the applicant's previous examination, the applicant shall take an examination which is limited to those sections of the National examination which were not previously taken by the applicant. An application for licensure by reciprocity shall be accompanied by full payment of the reciprocity fee. Fees The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division of Business and Occupational Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this Chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Business and Occupational Regulation, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate Board fees for the coming year. Licensure; Renewal of License Each license shall be renewed biennially, in such manner as is determined by the Division of Business and Occupational Regulation. The Board shall, in its rules and regulations, determine the period of time within which a practitioner may still renew his license, notwithstanding the fact that such practitioner has failed to renew on or before the renewal date; provided however, that such period shall not exceed one year. The Board shall charge for each month or quarter during such "late renewal period" a late fee which, at the end of such "late period" shall be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable, unless the former licensee re-applies under the same conditions which govern reciprocity; provided however, that the former licensee shall also pay a reinstatement fee in an amount which is three times the amount of the reciprocity fee. Complaints (a) Any practitioner or member of the public who has a question or a complaint concerning any aspect of the practice of architecture may, during the regular business hours of a business day, contact the Board or the Division of Business and Occupational Regulation; or voice such question or complaint at a business meeting or the Board. Chapter 1. 5 (b) The Board shall investigate any complaint, including oral and anonymous complaints; and shall follow through on those informal complaints which, upon investigation, appear to be valid and well-founded. In cases where the complainant is known to the Board it shall, within six weeks after receipt of the complaint, notify the complainant whether or not It will take any action in the matter. If the Board decides to take no action it shall, by letter, state its reasons therefor. A complete record shall be kept of each complaint, formal or informal provided however, that the complaints records may be purged after five years. 5313. Violations; Grounds for Professional Discipline (a) Practitioners regulated under this Chapter shall be subject to those disciplinary actions set forth in 5314 If, after a hearing, the Board finds: That the practitioner has employed or knowingly cooperated in fraud or material deception in order to be licensed, or be otherwise authorized to practice architecture; Illegal, incompetent or negligent conduct In the practice of architecture; Excessive use or abuse of drugs (including alcohol, narcotics or chemicals); That the practitioner has been convicted of a felony or crime involving moral turpitude; That the practitioner, as an architect or otherwise in the practice of his profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities; That the practitioner has violated a lawful provision of this Chapter, or any lawful regulation established thereunder. (b) A practitioner shall be subject to non-disciplinary remedial action if, after a hearing, the Board finds that there is a danger to the health, safety and welfare of the public due to: (I) Physical Illness or loss of motor skill, including but not limited to deterioration through the aging process; or Temporary emotional disorder or mental illness; Permanent emotional disorder or mental illness. (c) If a practitioner's physical or mental capacity to practice safely is at issue in a non-disciplinary remedial proceeding, the Board may order the practitioner to submit to a reasonable physical or mental examination. Failure to comply with a lawful order to submit to a physical or mental examination shall render a practitioner liable to temporary suspension or revocation of license in accordance with 5314. (d) Where a practitioner fails to comply with the Board's request that he submit to an examination or attend a hearing, the Board may petition the Superior Court to order such examination or attendance, and the said Court or any Judge assigned thereto shall have jurisdiction to issue such order. (e) No license shall be restricted, suspended or revoked by the Board; and no practitioner's right to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard in accordance with 5315 of this Chapter. 5314. Remedial Actions and Disciplinary Sanctions The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in S3I3 applies to a practitioner regulated by this Chapter: (I) Issue a letter of reprimand ; (2) Censure a practitioner; (3) Place a practitioner on probationary status, and require the practitioner to: Report regularly to the Board upon the matters which are the basis on the probation, Limit all practice and professional activities to those areas prescribed by the Board, and/or Continue or renew his professional education until the required degree of skill has been attained in those areas which are the basis of the probation; (4) Suspend any practitioner's license; or 6 Chapter 1 (5) Revoke a practitioner's license. The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied. The Board may temporarily suspend a practitioner's license in advance of a final adjudication, or during the appeals process; but only in cases where there is a clear and immediate danger to the health, safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed. Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety. As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this Chapter. 5315. Board Hearings; Procedure Upon the receipt of a complaint against a practitioner, the Board shall determine what action, (if any) it shall take. Where the Board has determined to take further action, the matter shall be heard by the Board within three months from the date on which the complaint was received. The Board shall fix the time and place for a full hearing of the matter, and shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the practitioner at least thirty days before the date fixed for the hearing. In cases where the practitioner cannot be located or where personal service cannot be effected, substitute service shall be effected in the same manner as with civil litigation. All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this Chapter as It deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the complainant, and to the practitioner. The Board's decision shall become effective on the thirtieth day after the date it is mailed or served on the practitioner, unless there is an appeal to the Superior Court within that time. Where either the complainant or the practitioner is In disagreement with the action of the Board, either person may appeal the Board's decision to the Superior Court within thirty days of service, or of the postmarked date of the copy of the Board's decision. Upon such appeal the Court shall hear the evidence de novo, and the filing of an appeal shall act as a stay of the Board's decision, pending final determine-Mx-TM-the appeal. S316. Penalties Where the Board has determined that a person is practicing architecture within this State without having lawfully obtained a license therefor, or that a person previously licensed is unlawfully practicing although his license as been suspended or revoked, the Board shall formally warn such person. If the offense continues, the Board shall make a formal complaint to the Attorney General. The complaint shall include all evidence known to, or in the possession of, the Board. Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's license. Any person who violates the provisions of S303 of this Chapter shall be liable to a civil penalty of not more than two thousand, five hundred dollars ($2,500) for the first offense; and not more than five thousand dollars ($5,000) for the second and each subsequent offense, which penalty may be sued for, and recovered by and in the name of the Board." Section 2. Amend 510161, Chapter 101, Title 29 of the Delaware Code by adding thereto a new subsection, designated as subsection (18), which new subsection shall read as follows: "(18) Board of Architects." Section 3. Each member of the present Board of Architects shall serve out the term for which he was appointed. The incumbency of any hold-over member shall terminate on the effective date of this Act. Notwithstanding the fact that Section I of this Act provides for a Board of nine members, the Board of Architects shall contain all present members with unexpired terms, together with any newly-appointed public members. The public members shall appointed as soon as practicable after the effective date of this Act. Of the initial public members, one shall serve for a term of four years; one shall serve for a term of three years; one shall serve for a term of two years; and one shall serve for a term of one year. Upon expiration of terms of present board members, no new professional members Chapter 1 7 shall be appointed until the terms of all but four architect members have expired. At such time, one new professional member shall be appointed. Each present professional member may finish serving his present term, and one succeeding term if re-appointed; but shall not be eligible thereafter for re- appoi nt ment. Section 4. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared severable. Approved January 31, 1983. CHAPTER 2 FORMERLY SENATE BILL NO. 80 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 86, TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF CONSUMER AFFAIRS AND THE COUNCIL ON CONSUMER AFFAIRS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend 88612(a)03) by deleting the period after "Title" at the end of the sentence and adding the following: "In accordance with the Administrative Procedures Act." Section 2. Amend S8612, Chapter 86, Title 29 of the Delaware Code by striking said section title in its entirety and substituting in lieu thereof the following: "Division of Consumer Affairs; powers; duties and objectives". Section 3. Amend S8612, Chapter 88, Title 29 of the Delaware Code by redesignating subsections (a) and (b) of said section as subsections (b) and (c) and adding a new subsection (a) to read as follows: "(a) The objective of the Division of Consumer Affairs Is to protect the general public against consumer fraud and deceptive trade practices through enforcement of state statutes, consumer education, consumer advocacy and coordinated Inter and intra governmental cooperation." Section 4. Amend S8614, Chapter 86, Title 29 of the Delaware Code by adding thereto a new subsection (g) to read as follows: "(g) The Council shall meet a minimum of three (3) times during a calendar year. Any advisory recommendation to the Director from the Council shall within 30 days from receipt of the advisory recommendation be considered and/or discussed by the Director and must be reflected either in memoranda or in the business minutes of the Division." Approved January 31, 1983. S CHAPTER 3 FORMERLY HOUSE BILL NO. 19 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF DELMAR" ALSO KNOWN AS VOLUME 61, CHAPTER 137, LAWS OF DELAWARE, BY PROVIDING THAT THE ALDERMAN AND THE ASSISTANT ALDERMAN NEED NOT BE RESIDENTS OF THE TOWN AND REMOVING THE QUALIFICATION THAT AN ALDERMAN OR AN ASSISTANT ALDERMAN SHALL NOT BE MEMBERS OF THE TOWN COUNCIL. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each Howe thereof concurring therein): Section 1. Amend Section 19(a) of Volume 61, Chapter 137, of the Laws of Delaware by striking said section and inserting in lieu thereof the following: "Section 19 (a) The Town Council may appoint an Alderman and also an Assistant Alderman. Any person appointed as Alderman or Assistant Alderman shall be appointed for an indefinite term. Either the Alderman or Assistant Alderman may be removed from office at any time, with or without cause, by the affirmative vote of two-thirds of the elected members of the Council of the Town of Delmar." Approved February 2, 1983. CHAPTER 4 FORMERLY HOUSE BILL NO. 29 AN ACT TO AMEND AN ACT, BEING CHAPTER 516, VOLUME 60, LAWS OF DELAWARE, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD" TO INCREASE THE AMOUNT WHICH MAY BE BORROWED BY THE CITY OF SEAFORD IN ANTICIPATION OF REVENUES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each Howe thereof concurring therein): Section I. Amend Section 1, Chapter 516, Volume 60, Laws of Delaware, by striking the words and figures 'Two-Hundred Thousand Dollars ($200,000)" as they appear therein and inserting in lieu thereof the following: "Seven Ilundred Fifty Thousand Dollars ($750,000)." Approved February 2,1983. CHAPTER 5 FORMERLY HOUSE BILL NO. 47 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO ANNEXATION ELECTIONS; THE APPOINTMENT OF DEPUTY ALDERMAN; CONFERRING CERTAIN POWERS ON THE MAYOR AND COUNCIL; RELATIVE COLLECTION OF TAXES ON NEW CONSTRUCTION; POLL ASSESSMENT AND TAX DELINQUENTS; VOTING AGE; TAX EXEMPTIONS FOR PERSONS LESS THAN TWENTY-ONE AND PROVIDING FOR REASSESSMENT OF REAL PROPERTY EVERY TEN YEARS; PERMITTING THE CITY MANAGER TO MAKE MONTHLY REPORTS BASED ON PRESENT DAY BUDGET ACCOUNTING METHODS; BALANCED BUDGET REQUIREMENTS; EQUITABLE DISTRIBUTION ON THE PLANNING COMMISSION;CORRECTING CERTAIN TYPOGRAPHICAL ERRORS IN THE CHARTER; GRANTING POWERS TO THE MAYOR AND COUNCIL; RELATIVE FIRE PROTECTION; BOUNDARIES OF THE THIRD AND FOURTH DISTRICTS AND EMPLOYEE PENSION PLANS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each Hose thereof concurring therein): Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking the first sentence In the sixth paragraph of Section IA in its entirety and inserting a new sentence to read as follows: "At any such election the polls shall be open from 11:00 a.m. to 8:00 p.m." Section 2. Amend Chapter 158, Volume 36, Section 52, Delaware Laws, as amended, by striking the first three paragraphs in their entirety and substituting in lieu thereof the following: "At the annual meeting, the Council shall elect an Alderman and a Deputy Alderman for the term of one (I) year or until their successors have been duly chosen and qualified. The Alderman or Deputy Alderman may be removed during his term by a vote of three-fourths of the members elected to the Council. In the case of the temporary inability of the Alderman to perform his duties by reason of sickness, ateence, or otherwise, the Deputy Alderman shall perform said duties. As hereinafter provided, the Deputy Alderman shall have all of the powers and authorities and shall be subject to all duties and regulation as is the Alderman." Section 3. Amend Chapter 158, Volume 36, Delaware Laws, by striking the last two paragraphs of Section 52. Section 4. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding a new Section, to wit: Section 49(A). "S49(A). Assessment, Payment, and Collection of Taxes for New Construction In the event that the Mayor and Council of the City of Dover desire to collect and levy taxes on newly constructed property not taxed by virtue of the City's annual assessment, the City may enact an ordinance to do so provided that: Beginning In July, 1983, and for each quarter of each year thereafter, there shall be a true, just, and Impartial valuation and assessment of all newly constructed real property within the City, locating each parcel of real property by street and number or other description. Property shall be deemed to be newly constructed when the City permits occupancy and use. The said valuation and assessment shall be made by an assessor or assessors who shall be elected by Council in accordance with the provisions set forth in Section 47 of this Charter. The assessment as aforesaid shall be during the months of January, April, July, and October of each year beginning In July 1983. The assessment made as described herelnabove shall be deemed a general assessment for all property with new construction. The assessment for new construction shall be set down by the assessor or assessors in two 9 1.0 Chapter 5 (2) or more copies as the Council shall direct, and shall be delivered to the Council as soon as made. The Council may direct appeals from any general assessment for new construction in accordance with Section 47 of this Charter. Nothing in this Section contained shall be deemed or held to invalidate or otherwise affect any assessment made prior to the approval of this Section or any tax levied thereunder. In the months of February, May, August, and November, beginning in August 1983, the Council shall deliver to the collector of taxes a list containing the names of taxables under this Section and opposite the name of each the amount of the real property assessment, the tax upon the total of the assessment, and the rate per hundred dollars. The said list shall be signed by the Clerk of the Council. All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and those taxes not paid shall accrue a penalty in the amount of one and one-half percent (1.5%) per month. For every tax that is not paid as prescribed herein, the tax collector shall have all the powers conferred upon or vested In the Receiver of Taxes and County Treasurer for Kent County. The Council shall have the authority to allow errors and delinquents in the assessment. This section shall become effective July I, 1983 and not pertain to any construction which had building permits prior to July 1, 1983. The provisions oaf 9 Del. C. S8705 and 25 Del. C. S52901 through 2905 of the revised Code of Delaware, 1974, as amended, shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this Charter." Section 5. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the words "and his poll assessment" in the first sentence of Section 49 of the Charter of the City of Dover. Section 6. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety the second paragraph of Section 49 of the Charter of the City of Dover and substituting in lieu thereof the following: "All taxes shall be paid to the collector of taxes. A discount of five percent (5%) shall be allowed on taxes paid during the month of May in the calendar year they were assessed. For all taxes not paid on or before July 31 of each year in the calendar year that it is assessed, there shall be added and collected one and one-half percent (1.5%) (18% per annum) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid." Section 7. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting in its entirety the first sentence of the third paragraph of Section 48 and inserting the following: "Every resident of the said City who is eighteen (18) years of age and who lives In the City shall be entitled to one vote." Section 8. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety the first paragraph of Section 47 of the Charter of the City of Dover and substituting in lieu thereof the following: "That in the year 1950 and every year thereafter, there shall be made a true, Just, and impartial valuation and assessment of all real property within the City, locating each parcel of real property by street and number or other description. The said valuation and assessment shall be made by an assessor or assessors who shall be elected by the Council at the previous December meeting by majority vote thereof, and an assessor shall be a free holder within the corporate limits of the City. Before entering upon the duties of his office, he shall be sworn or affirmed by a Justice of the Peace to perform the duties of his office with fidelity and without favor or partiality." Section 9. Amend Section 47, Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety the part which reads: "the decision of a majority of the Councilmen sitting shall be final and conclusive, provided that no Councilman shall vote on his own appeal" and insert in lieu thereof the following: "The decision of a majority of the Councilmen elected shall be final and conclusive, provided that no Councilman shall vote on his own appeal." Section 10. Amend Chapter 158, Volume 38, Delaware Laws, as amended, by adding the following language to Section 47: Chapter 5 11 Beginning in the year 1983, all real property in the City of Dover shall be reassessed by a certified independent outside appraiser chosen by Council and the same shall be done at least every ten (10) years thereafter. Said appraisal shall be in lieu of the valuation and assessment made by the assessor chosen by Council as described hereinabove and In lieu of the assessor's duties described hereinabove." Section 11. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last sentence of Section 45. Section 12. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding to Section 44, the following sentence: "The total of proposed expenditures shall not exceed the total of anticipated income." Section 13. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding the following to Section 23 of the Charter: "Members of any Planning Commission created by the City shall consist of two (2) members from each Council district and one (1) member serving at large. All members of the Planning Commission must be residents of the City of Dover. This amendment shall not affect any members presently serving on the Planning Commission until the expiration of their present terms." Section 14. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the first sentence of the second paragraph of Section 22 in its entirety and substituting in lieu thereof: "The Council may provide for the issuance of building permits and forbid the construction of a new building or the addition to or alteration and repair of an existing building except when a building permit has been obtained therefor." Section 15. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last sentence of Section 20 in its entirety and substituting in lieu thereof the following: "The Council shall have the power to condemn any building or structure or portion thereof that It deems to be a health hazard or constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to eliminate the health hazard or menace of fire." Section 16. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the second paragraph of Section 5 in its entirety and inserting a new paragraph to read as follows: "In order that the members of Council shall be distributed over the City, the City shall be divided into four (4) representative districts, and two (2) of said members of Council shall be residents of each district. The first district shall be that portion of the City lying south of the center line of North Street, and liazletteville Road west of State Street; the second district shall be that portion of the City lying east of the center line of State Street and south of the center line of Kings Highway East and North Little Creek Road; the third district shall be that portion of the City lying north of the center line of North Street between the center line of Governors Avenue and the center line of State Street and extending In a northerly direction from Kings Highway and North Little Creek Road, including that portion of the City limits east of the median strip center line of North U. S. Route 1113; the fourth district shall be that protion of the City lying north of the center line of North Street and west of the center line of Governors Avenue, North State Street and the median strip center line of North U. S. Route 1113." Section 17. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the last sentence of paragraph two of Section 3 of the Charter of the City of Dover. Approved February 2, 1983. 12 CHAPTER 6 FORMERLY HOUSE BILL NO. 49 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND SECTION 1154, CHAPTER II, TITLE 30, DELAWARE CODE, RELATING TO EMPLOYER WITHHOLDING AND PAYMENT OF DELAWARE INCOME TAX. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OP DELAWARE: Section 1. Amend Section 1154(a), Title 30, Delaware Code, by inserting immediately following the word "general' the following "Except as provided in subsection (c)". Section 2. Amend Section 1154(a), Title 30, Delaware Code, by striking the words "such employer may file and pay the tax for such quarter on or before the 15th day" and inserting in lieu thereof: "such employer may file and pay the tax for such quarter on or before the 30th day" Section 3. Amend Section 1154, Title 30, Delaware Code, by adding a new subsection (c) to read as follows: "(c) In the case of any employer, if the aggregate amount of taxes required to be deducted and withheld under this Chapter for any month exceeds $5,000, each month of the return period for such employer shall be divided into 8 deposit or return periods. These deposit or return periods end on the 3rd, 7th, 11th, 15th, 19th, 22nd, 25th and last day of every month. If the tax required to be withheld under this Chapter by any employer at the end of any of the 8 deposit periods during the month cumulatively exceeds $5,000, such employer shall file a withholding return and pay over the tax to the Division of Revenue, or a designated depository, not later than the close of the 3rd working day following the end of such deposit period." Section 4. Effective Date. The amendments made by this Act shall be effective as of April 1, 1983. Approved February 2, 1983. CHAPTER 7 FORMERLY HOUSE BILL NO. 50 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO EMPOWER THE GOVERNOR TO EFFECT REDUCTIONS IN APPROPRIATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. The Governor is hereby empowered to make reductions in the amounts appropriated in any line by the FY 1983 Budget Act, otherwise entitled Chapter 322, Volume 63, Laws of Delaware, to the Judiciary and to Higher and Public Education, as necessary, to balance the Pi 1983 budget, or to otherwise reduce an FY 1983 budget deficit; provided, however, that: (a) Reductions to appropriations in any agency of public education (other than the state Board of Education) shall be limited to one-fourth of the amount appropriated to such agency in its line entitled "Division It - Energy Costs', although such reduction may be taken In said line or any other line. (hi Reductions to appropriations for the Judicial branch of government (not including the Department of Justice or the Office of the Public Defender)shall be limited In amount to $500,000., (e) Reductions limited under this Act shall not be effective unless and until approved in writing by the Budget Director and the Controller General. (d) The Secretary of Finance is authorized to issue regulations for the purpose of implementing this Act. Approved February 2, 1983. CHAPTER 8 FORMERLY SENATE BILL NO. 29 AS AMENDED BY HOUSE AMENDMENT NO. I AN ACT TO AMEND CHAPTER 51, TITLE 24, DELAWARE CODE, RELATING TO THE BOARD OF PERSONAL SERVICES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 51, Title 24 of the Delaware Code by striking Chapter 51 in its entiety and substituting in lieu thereof a new Chapter 51 which shall read as follows: "CHAPTER 51. BOARD OF COSMETOLOGY AND BARBERING 55101. Objectives and Functions The primary objective of the Board of Cosmetology and Barbering, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this Chapter) from unsafe practices, and from occupational practices which tend to reduce competition or artificially fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competency; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaints hearings; shall promulgate rules and regulations; and shall Impose sanctions where necessary against practitioners. 55102. Powers and Duties The Board of Cosmetology and Barbering shall regulate persons practicing the occupation of barber, and persons practicing the occupation of cosmetologist. The Board shall have all of the rights, powers and duties formerly vested in the Board of Personal Services. 55103. License to Practice No person may practice cosmetology and barbering in this State who has not been licensed in accordance with this Chapter. Under such rules and regulations as the Board may adopt, the provisions of this Chapter shall not be construed to prohibit: Persons who are licensed to practice cosmetology or barbering in any other State, district, or foreign country who, as practicing cosmetologists or barbers, enter this State to consult with a cosmetologist or barber of this State. Such consultation shall be limited to examination and recommendations; Any student of an accredited school or college of cosmetology or barbering who is receiving practical training under the personal supervision of a licensed cosmetologist or barbering in Delaware; Any cosmetologist or barber commissioned by any of the Armed Forces of the United States, or by the Public Health Service. 55104. Board of Cosmetology and Barbering The Board of Cosmetology and Barbering shall consist of nine members appointed by the Governor, one of whom shall be an instructor; four members who shall be licensed cosmetologists; two members who shall be licensed barbers and three public members. To serve on the Board, a public member shall not be nor ever have been a cosmetologist or barber, nor a member of the immediate family of a cosmetologist or barber; shall not have been employed by a cosmetologist or barber; shall not have had a material financial interest in the providing of goods and services to a cosmetologist or barber nor have been engaged in an activity directly related to cosmetology or barbering. Such public member shall be accessible to inquiries, comments and suggestions from the general public. Each member shall serve for a term of three years, and may succeed himself for one additional term; provided however, that where a member was initially appointed to fill a vacancy, such member may succeed himself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, and the member 13 shall no longer be eligible to participate In Board proceedings unless lawfully appointed. A member of the Board shall be suspended or removed by the Governor for misfeasance, non-feasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. No member of the Board of Cosmetology or Barbering, while serving on the Board, shall be a President, Chairman or other official of a professional cosmetology or barbering association. The provisions set forth for "employees" in §5855 of Title 29 shall apply to all members of the Board, and to all agents appointed by or otherwise employed by the Board. (0 Board members shall be reimbursed for all expenses involved In each meeting, excluding travel; and In addition shall receive not more than fifty dollars ($50.00) each meeting attended, but not more than five hundred dollars ($500.00) in any calendar year. After ten meetings have been attended, the member shall not be compensated for any subsequent meetings attended In that year. 55105. Officers; Conduct of Business In the same month of each year the members shall elect, from among their number, a President, a Secretary and a Treasurer. Each officer shall serve for one year, and shall not succeed himself in the same office. The Board shall hold a regularly scheduled business meeting at least once In each quarter of a calendar year and at such other times as the President deems necessary, or at the request of a majority of Board members. A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least five members. Any member who falls to attend three consecutive regular business meetings, or who falls to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed. id) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Business and Occupational Regulation. At any hearing where evidence is presented, such hearing shall be recorded and transcribed by the Division. 55106. Powers and Duties (a) The Board of Cosmetology and Barbering shall have authority to: (I) Formulate rules and regulations, with appropriate notice to those affected, where such notice can reasonably be given. Each rule or regulation shall implement or clarify a specific section of this chapter; Designate the application form to be used by all applicants, and to process all applications; Designate a written examination, prepared by either the national professional aociation or by a recognized legitimate national testing service. Provide for the administration of all examinations, including notice and information to applicants; Grant licenses to all persons who meet the qualifications for licensure; Receive complaints from practitioners and from the public concerning practitioners, or concerning practices of the profession; to evaluate such complaints; and to take such action within its powers as the Board deems appropriate; Determine whether or not a practitioner shall be the subject of a disciplinary hearing, and if so, to conduct such hearing In accordance with this chapter and the provisions of the Administrative Procedures Act; Where it has been determined after a disciplinary hearing, that penalties or sanctions should be Imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed; Bring proceedings in the courts for the enforcement of this chapter; Maintain complete records relating to meeting minutes, applications, examinations, Is Chapter 8 Chapter 8 15 rosters, changes and additions to the rules and regulations, complaints, hearings, and such other matters as the Board shall determine. (b) The Board may require by subpoena the attendance and testimony of witnesses In and production papers, records or other documentary evidence. S5107. Application Procedure (a) An applicant who is applying for examination and licensure shall have the following qualifications: Have met the requirements of S605, Chapter 6, Title 24, Delaware Code, or the requirements of S409, Chapter 4, Title 24, Delaware Code. Each applicant shall provide such information as may be required on an application form designed and furnished by the Board. No application form shall require a picture of the applicant; require information relating to citizenship, place of birth, or length of state residency; nor require personal references. (b) Where a person who feels the Board refused or rejected his application without justification; has imposed higher or different conditions for him that other applicants or persons now licensed; or has In some other manner contributed to or caused the failure of such person's application, the applicant may appeal to the Superior Court. (c) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. S5108. Examination of Applicants The Board shall administer examinations at its own discretion. Where an applicant fails to pass the examination, but has successfully completed and passed certain sections or portions of the examination, the applicant in the next subsequent examination shall be tested only for those portions or sections which he failed. In the event the applicant fails the second time to successfully complete or pass the examination, the Board may require that such applicant again take the complete examination. S5109. Reciprocity Where the applicant is already licensed in another State, the Board shall accept the certificate Issued by the other State in lieu of all other requirements for licensure provided for in this chapter. Upon receipt of an application for reciprocity, the Board shall contact each board which has previously licensed the applicant, to determine whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved. An application for licensure by reciprocity shall be accompanied by full payment of the reciprocity fee. S5110. Fees The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Business and Occupational Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for an activity not specified In this Chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Business and Occupational Regulation, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate fee for the coming year. Notwithstanding the provisions of this Section fees shall not be less than the current fees presently In effect. 55111. Licensure; Renewal of License Each person who has passed the written examination, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving such license, file for and obtain an occupational license from the Division of Revenue In accordance with Chapter 23 of Title 30. The Board shall forthwith issue a license to each person who has qualified for same under the provisions of this chapter. Each license shall be renewed biennially, in such manner as is determined by the Division of Business and Occupational Regulation. The Board shall, in its rules and regulations, determine the period of time within which a practitioner may still renew his license, notwithstanding the fact that 16 Chapter 8 such practitioner has failed to renew on or before the renewal date; provided however, that such period shall not exceed one year. The Board shall charge for each month or quarter during such "late renewal period" a late fee which, at the end of such "late period" shall be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable, unless the former licensee re-applies under the same conditions which govern reciprocity; provided however, that the former licensee shall also pay a reinstatement fee in an amount which Is three times the amount of the reciprocity fee. Any licensee may, upon his written request, be placed In an inactive status. The renewal fee of such person shall be pro-rated in accordance with the amount of time such person was Inactive. Such person may re-enter practice upon notification to the Board of his intent to do so. A former licensee who has been penalized for the violation of a provision of this chapter, or whose license has been suspended or revoked, and who subsequently is permitted to apply for reinstatement shall apply for a new license, successfully complete the examination, and shall pay all appropriate fees before he may be licensed. S5112. Complaints Any practitioner or member of the public who has a question or a complaint concerning any aspect of the practice of cosmetology or barbering may, during the regular business hours of a business day, contact the Board or the Division of Business or Occupational Regulation; or voice such question or complaint at a business meeting of the Board. The Board shall investigate any complaint, Including oral and anonymous complaints; and shall follow through on those informal complaints which, upon investigation, appear to be valid and well-founded. In cases where the complainant is known to the Board, the Board shall, within one week after receipt of the complaint, notify the complainant as what action (if any) the Board intends to take in the matter. A complete record shall be kept of each complaint, formal or informal; provided however, that the complaints records may be purged after five years. S5113. Violations; Grounds for Professional Discipline (a) Practitioners regulated under this Chapter shall be subject to those disciplinary actions set forth in S5114 if, after a hearing, the Board finds: (I) That the practitioner has employed or knowingly cooperated in fraud or material deception in order to be licensed, or be otherwise authorized to practice cosmetology or barbering; Illegal, incompetent or negligent conduct in the practice of cosmetology or barbering; Excessive use or abuse of drugs (including alcohol, narcotics or chemicals); That the practitioner has been convicted of a felony or crime involving moral turpitude; That the practitioner, as a cosmetologist or barber or otherwise in the practice of his profession, knowingly engaged In an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities; That the practitioner has violated a lawful provision of this Chapter, or any lawful regulation established thereunder. (b) A practitioner shall be subject to non-disciplinary remedial action if, after a hearing, the Board finds that there is a danger to the public due to: (I) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process; or Temporary emotional disorder or mental illness; or Permanent emotional disorder or mental illness. (c) If a practitioner's physical or mental capacity to practice safely is at issue in a non-disciplinary remedical proceeding, the Board may order a practitioner to submit to a reasonable physical or mental examination. Failure to comply with a lawful order to submit to a physical or mental examination shall render the practitioner liable to temporary suspension or revocation of license in accordance in accordance with S5114. (d) Where a practitioner fails to comply with the Board's request that he submit to a examination or attend a hearing, the Board may petition the Superior Court to order such examination or attendance, and the said Court or any Judge assigned thereto shall have jurisdiction chapter 8 to issue such order. (e) Subject to the provisions of Subchapter IV, Chapter 101, Title 29 of the Delaware Code, no license shall be restricted, suspended or revoked by the Board; and no practitioner's right to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard In accordance with the Administrative Procedures Act. S5114. Remedial Actions and Disciplinary Sanctions The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in S5113 applies to a practitioner regulated by this Chapter: (1) Issue a letter of reprimand; (2) Censure a practitioner; (3) Place a practitioner on probationary status, and require the practitioner to: Report regularly to the Board upon the matters which are the basis on the probation, Limit all practice and professional activities to those areas prescribed by the Board, and/or (4) Suspend any practitioner's license; or (5) Revoke a practitioner's license. The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied. The Board may temporarily suspend a practitioner's license in advance of a final adjudication, or during the appeals process; but only in cases where there is a clear and immediate danger to the health and safety of a patient or to the public if the licensee is allowed to continue to practice. Such suspension may be appealed, Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety to the public. As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this Chapter. S5115. Board Hearings; Procedure Upon the receipt of a complaint, the Board shall determine what action, If any, it shall take. If the Board decides not to take any further action, and the complainant is known to the Board, the Board shall forward by letter to the complainant its reasons for not taking further action. Where the Board has determined to take further action, the matter shall be heard by the Board within three months from the date on which the complaint was received. The Board shall fix the time and place for a full hearing of the matter, and shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the practitioner at least thirty days before the date fixed for the hearing. In cases where the practitioner cannot be located or where personal service cannot be effected, substitute service shall be effected in the same manner as with civil litigation. All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this Chapter as it deems necessary. The Board's decision shall be in writing and shall Include its reasons for such decision. A copy of the decision shall be mailed immediately to the practitioner. The Board's decision shall become effective on the thirtieth day after the date it is mailed or served on the practitioner, unless there is an appeal by the practitioner to the Superior Court within that time. Where the practitioner is in disagreement with the action of the Board, he may appeal the Board's decision to the Superior Court within thirty days of service, or of the postmarked date of the copy of the decision mailed to him. Upon such appeal the Court shall hear the evidence de novo, and the filing of an appeal shall act as a stay of the Board's decision, pending final determinat OrrCo-( the practitioner's appeal. 17 18 Chapter 8 55116. Penalties Where the Board has determined that a person Is practicing cosmetology or barbering within this State without having obtained a license therefor to practice, or that a person previously licensed is unlawfully practicing although his license as been suspended or revoked, the Board shall formally warn such person. If the offense continues, the Board shall make a formal complaint to the Attorney General. The complaint shall include all evidence known to, or in the possession of, the Board. Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has detemlned that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's license. Where a person not currently licensed as a cosmetologist or barber is convicted of unlawfully practicing cosmetology or barbering in violation of this Chapter such offender shall, upon the first offense, be fined $50, and shall pay all costs; provided however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the appliable provisions of Title II. Where a person previously convicted of unlawfully practicing cosmetology or barbering is convicted a second or subsequent time of such offense, the fine assessed against such person shall be increased by two hundred and fifty dollars ($250) for each subeequent offense thereafter." Section 2. The licenses of all persons licensed in Delaware as cosmetologists or barbers on the effective date of this Act shall continue to be valid, and shall not in any way be Invalidated or otherwise affected by this Act. Section 3. Of the initial Board of Cosmetology and Barbering established under this Act, two professional members shall be appointed for a term of three years; two professional members and two public members shall each be appointed for a term of two years; and two professional members and one public member shall be appointed for a term of one year. Section 4. The provisions of this Act shall become effective thirty days after its enactment Into law. Approved Fetruary 2, 1983. 19 CHAPTER 9 FORMERLY SENATE BILL NO. 54 AS AMENDED BY SENATE AMENDMENT NO. I AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING. WHEREAS, it is deemed advisable that the Charter of the Town of Wyoming, contained in Chapter 189, Volume 43, Laws of Delaware, as amended, be in certain respects amended and revised. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each Howe thereof concurring therein): Section 1. Amend 43, Delaware Laws, Chapter 189 by adding a new Section 43 to read as follows: "ANNEXATION OF TERRITORY In the event it becomes feasible and necessary in the future for the Town of Wyoming to large its then existing limits and territory, such annexation accomplished pursuant to the following procedures shall be lawful: If all of the property owners of the territory contiguous to the then existing corporate limits and territory of The Town of Wyoming, by written Petition with the signature of each such Petitioner duly acknowledged, shall request the Town Council to annex that certain territory in which they own property, the Mayor of the Town of Wyoming shall appoint a Committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. Territory which is otherwise contiguous except for its separation from the corporate limits and territory of The Town of Wyoming by public roadway, street, thoroughfare, easement or right-of-way shall be deemed contiguous for purposes of annexation under this Charter. The Petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its finding and conclusions to the Mayor and Town Council of Wyoming. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Wyoming and to the territory proposed to be annexed and shall contain the recommenation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Wyoming may then pass a second Resolution annexing such territory to The Town of Wyoming. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the procedure to be followed shall be the same as hereinafter provided as if the annexation were proposed by five (5) or more property owners but less than all the property owners of a territory contiguous to the then limits and territory of the Town of Wyoming. If five (5) or more property owners, but less than all of the property owners of a territory contiguous to the then limits and territory of The Town of Wyoming by written Petition with the signature of each such Petitioner duly acknowledged, shall request the Town Council to annex that certain territory In which they own property, the Mayor of the Town of Wyoming shall appoint a Committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town Council shall include a description of the territory requested to be annexed and the reasons for the requested annexation; or the Town Council, by majority vote of the elected members thereof may, by resolution; propose that a committee composed of not less than three (3) of the elected members of the Town Council be appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of The Town of Wyoming. Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its findings and conclusions to the Mayor and the Town Council of Wyoming. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to the Town of Wyoming and to the territory proposed to be annexed and shall contain the recommendation of the Committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town 20 Chapter 9 and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second resolution shall then be passed by the Town Council proposing to the property owners and residents of both The Town of Wyoming and the territory proposed to be annexed that the Town annex certain territory contiguous to its then limits and territory. In the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, within thirty (30) days after receiving the report of the Committee, the Resolution proposing annexation to the property owners and residents of both the Town and the territory proposed to be annexed shall be passed by the affirmative vote of two-thirds (2/3) of the elected members of the Town Council. If the Resolution shall fail to receive the affirmative vote of two-thirds (2/3) of the elected members of the Town Council, the territory proposed to be annexed shall not again be considered for annexation for a period of one (I) year from the date that the Resolution failed to receive the required affirmative vote. The second Resolution shall contain a description of the territory proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed annexation. The Resolution adopted by the Town Couneil setting forth the above information shall be printed in a newspaper having a general circulation in The Town of Wyoming at least one (I) week prior to the date set for the public hearing, or, at the discretion of the Town Council, the said Resolution shall be posted in four (4) public places both in The Town of Wyoming and in the territory proposed to be annexed. Following the public hearing, but in no event later than thirty (30) days thereafter, a Resolution shall then be passed by a majority of the Town Council ordering a Special Election to be held not less than thirty (30) nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation. Passage of this Resolution shall J2c2 facto be considered the determination of the Town Council to proceed with the matter of the proposenexation. The notice of the time and place of the said Special Election shall be printed within thirty (30) days immediately proceeding the date of this Special Election In at least two (2) issues of a newspaper having a general circulation in The Town of Wyoming, or, in the discretion of the Town Council, the said notice may be posted in public places, both in The Town of Wyoming and in the territory proposed to be annexed at least fifteen (15) days prior to the date set for the said Special Election. At the Special Election, every citizen of either The Town of Wyoming or of the territory proposed to be annexed over the age of eighteen (18) years shall have one (1) vote. Every owner of property within either The Town of Wyoming or in the territory proposed to be annexed who is not a citizen therein; whether an individual partnership or a corporation, shall have one (I) vote. In the cases of jointly owned property the votes of the owners of shares therein shall be in accordance with their respective shares or, if all owners appear at the polls and so consent, all of the votes may be cast by the owner of any share. Life tenants shall have the entire vote as to the property so held and holders of remainder interest only shall have no vote by reason thereof. In no event shall any person be entitled to more than one (I) vote. Property owners whose property is exempt from taxation or is not assessed for taxation shall not be entitled to vote. The books and records of The Town of Wyoming in the case of property owners and citizens of the Town and the books and records of the Board of Assessment of Kent County, in the case of property owners and residents of the territory to be annexed, shall be conclusive evidence of the right of such property owners and citizens to vote at the Special Election. In the event that an individual holds a Power of Attorney duly executed and acknowledged specifically authorizing the said individual to vote at the said Special Election, a duly authenticated Power of Attorney shall be filed with the Town Council of The town of Wyoming. Said Power of Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the Special Elec lion. The Town Council of The Town of Wyoming shall cause voting machines to be used in the Special Election, the form of ballot to be printed as follows: For the proposed annexation Against the proposed annexation (I) The Mayor of The Town of Wyoming shall appoint three (3) persons to act as a Board of Special Elections, at least one (1) of whom shall own property in The Town of Wyoming and at least one (I) of whom shall own property in the property proposed to be annexed. One (I) of the said persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in a public place as designated by the Resolution calling the Special Election. The Board of Special Elections shall have available, clearly marked, two (2) voting machines. All votes cast by those persons, partnerships or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be accomplished on one such voting machine and all ballots cast by those persons, partnerships, or corporations authorized to vote as residents or property owners in the territory proposed to be annexed shall be accomplished on one such voting machine and all ballots cast by those persons, partnerships, or corporation who are authorized to vote as residents or property owners of The Town of Wyoming shall be accomplished on the other such voting machine. The polling place shall be open from one o'clock in the afternoon, prevailing time, until six o'clock of Chapter 9 21 the event, prevailing time, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until after the time for closing of the polls. Immediately upon the closing of the polling place, the Board of Special Election shall count the ballots for and against the proposed annexation and shall announce the result thereof; the Board of Special Election shall make a Certificate under their Hands of the votes cast for and against the proposed annexation and the number of void votes and shall deliver the same to the Town Council of The Town of Wyoming. Said Certificate shall be filed with the papers of the Town Council. In order for the territory proposed to be annexed to be considered annexed, a majority of the votes cast both from The Town of Wyoming, and from the territory proposed to be annexed must have been cast in favor of the proposed annexation. in the event that the Special Election results in an unfavorable vote for annexation, no part of the territory considered at the Special Election for annexation shall again be considered for annexation for a period of at least one (1) year from the date of the said Special Election. If a favorable vote for annexation shall have been cast, the Town Council of The Town of Wyoming shall cause a description and a plot of the territory so annexed to be recorded In the Office of the Recorder of Deeds, in and for Kent County, but in no event shall said recordation be completed more than ninety (90) days following the date of the said Special Election. The territory considered for annexation shall be considered to be a part of The Town of Wyoming from the time of recordation. The failure to record the description of the plot within the specified time shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90) day period from the date of the favorable Special Election. (I) If the territory proposed to be annexed includes only territory which is exempt from taxation or which is not assessed on the books on the Board of Assessment of Kent County, no election shall be necessary and the Town Council of The Town of Wyoming may proceed to annex such territory by receiving a certified copy of a Resolution requesting such annexation, if such property Is owned by a corporation, or by a written Petition with the signature of each such Petitioner duly acknowledged, if such property is owned by an individual, requesting the Town Council to annex that certain territory in which they own property. The certified copy of the Resolution or the Petition shall include a description of the territory requested to be annexed and the reasons for the requested annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of The Town of Wyoming shall appoint a committee composed of not less than three (3) of the elected members of the Town Council to investigate the possibility of annexation. No later than ninety (90) days following its appointment by the Mayor, as aforesaid, the committee shall submit a written report containing its findings and conclusions to the Mayor and Town Council of Wyoming. The report so submitted shall include the advantages and disadvantages of the proposed annexation both to The Town of Wyoming and to the territory proposed to be annexed and shall contain the recommendation of the committee whether or not to proceed with the proposed annexation both to The Town of Wyoming and to the territory proposed to be annexed and shall contain the recommendation of the committee whether or not to proceed with the proposed annexation and the reasons therefor. In the event that the committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the Town Council of Wyoming may then pass a second Resolution annexing such territory to The Town of Wyoming. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council. in the event that the committee appointed by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory proposed to be annexed, the Resolution shall be passed by three-fourths (3/4) of all the elected members of the Town Council. If the Resolution fails to receive the required number of votes, no part of the territory proposed for annexation shall again be proposed for annexation for a period of one (I) year from the date that the Resolution failed to receive the required votes. If the Resolution receives the required number of votes, the Town Council of The Town of Wyoming shall cause a description and a plot of the territory so annexed to be recorded in the Office of the Recorder of Deeds in and for Kent County, and in no event shall such recordation be completed more than ninety (90) days following the passage of the Resolution. The territory considered for annexation shall be considered to be a part of The Town of Wyoming from the time of recordation. The failure of the Town Council to record the description and plot within the time herelnbefore specified shall not make the annexation invalid, but such annexation shall be deemed to be effective at the expiration of the ninety (90)day period from the date of the passage of the Resolution." Section 2. All Acts or parts of Acts inconsistent with or in conflict with the provisions of this Charter Amendment be and the same are hereby repealed to the extent of any |
| Date Digital | 2010 |
| CONTENTdm file name | 3095.cpd |
Description
| Title | Laws of the State of Delaware - Volume 64 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY SECOND GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 11, A. D. 1983 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 10, A. D. 1984 VOLUME LXIV |
| CONTENTdm file name | 75413.pdfpage |
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