Laws of the State of Delaware - Volume 65 - Page 1 |
Previous | 1 of 1053 | Next |
|
small (250x250 max)
medium (500x500 max)
large ( > 500x500)
Full Resolution
All (PDF)
|
This page
All
Subset |
LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY THIRD
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A. D.
1985
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1986
VOLUME LXV
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 65 |
| Description | Laws of the State of Delaware. One Hundred And Thirty Third General Assembly First Session Commenced And Held At Dover On Tuesday, January 8, A.D. 1985 Second Session Commenced And Held At Dover On Tuesday, January 14, A.D. 1986 Volume LXV. |
| 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 THIRD GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 8, A.D. 1985 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A.D. 1986 VOLUME LXV 1 CHAPTER 1 FORMERLY HOUSE BILL NO. 67 AN ACT TO AMEND CHAPTER 13, TITLE 9 OF THE DELAWARE CODE RELATING TO THE ASSESSMENT OF PROPERTY IN NEW CASTLE COUNTY IN YEARS OF GENERAL REASSESSMENT OF PROPERTY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 1308, Chapter 13, Title 9 of the Delaware Code by adding a new subparagraph (d) to read as follows: "(d) Notwithstanding any provision of this Title, for any fiscal year in which the county government of New Castle County proposes to implement a general reassessment of property, the County Government may by ordinance establish appropriate and reasonable time periods for the filing of exemption applications; submission, inspection and certification of assessment rolls; notices of assessments; appeals from such assessments; and any other requirements relating to the implementation of the general reassessment. In no case, however, shall the County Government extend any such period more than 10 days beyond that otherwise established in this Title. This authorization shall apply only to the fiscal year In which the general reassessment is implemented. In each fiscal year thereafter, the procedures specified in this Title shall be followed." Section 2. This Act shall become effective immediately upon its signature by the Governor and shall apply to any acts required to be taken by New Castle County In connection with the implementation of the general reassessment for Fiscal Year 1986. Approved February 6, 1985. CHAPTER 2 FORMERLY HOUSE BILL NO. 1 AN ACT TO AMEND CHAPTER 66, TITLE 18, DELAWARE CODE RELATING TO LINE-OF-DUTY DEATH BENEFITS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 56602 (1), Chapter 66. Title 18. Delaware Code by striking the number "50,000" and substituting in lieu thereof the number "100,000". Section 2. Amend 56602 W. Chapter 66, Title 18. Delaware Code by striking the number "10,000" and substituting in lieu thereof the number "20,000". Section 3. Amend 56601, Chapter 66, Title 18, Delaware Code by striking the period '.' at the end of paragraph " .1" and substituting in lieu thereof the following: "; or k. Agents of the State Division of Alcoholic Beverage Control; or I. Officers or agents of the State Office of Narcotics and Dangerous Drugs." Section 4. Amend 56607, Chapter 66, Title 18, Delaware Code by striking the number "50,000" as it appears in the last sentence of this section and substituting In lieu thereof the number "100,000". Section 5. This Act shall be effective for any deaths occurring after July I, 1984. Approved Febraruy 14, 1985. 2 CHAPTER 3 FORMERLY HOUSE BILL NO. 61 AN ACT AUTHORIZING AND DIRECTING THE DEPARTMENT OF CORRECTIONS TO NAME THE KENT CORRECTIONAL INSTITUTION LOCATED AT 300 WATER STREET, DOVER, DELAWARE, AS THE JOHN E. MORRIS CORRECTIONAL INSTITUTION IN HONOR OF THE LATE JOHN EDWARD MORRIS, REPRESENTATIVE FROM THE 34TH DISTRICT FROM 1972 TO 1980. WHEREAS. Representative John Edward Morris was a distinguished Kent Countian whose service to the citizens of Kent County as a Representative from 1972 to 1980 was outstanding; and WHEREAS, Ed Morris' career was varied in that he successfully pursued many different careers, but perhaps the closest one to his heart was his love for children and to be able to lend a helping hand to those who were not only 1..s fortunate in the socio economic scheme of things, but also for those who ran afoul of the law; and WHEREAS, Ed Morris dedicated his life as a counselor in Juvenile corrections and was Instrumental In establishing the Stevenson Home in Milford to house youth offenders and subsequently became the Superintendent; and WHEREAS, the Kent Correctional Center located at 300 Water Street, Dover, Delaware was one of Ed Morris' deepest concerns and he devoted countless hours in trying to make the institution an effective rehabilitative center for wayward Youth: and WHEREAS, naming the Kent Correctional Institution in honor of John E. Morris is highly fitting and proper. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The Department of Corrections is hereby authorized and directed to name the Kent Correctional Institution located at 300 Water Street, Dover, Delaware as the John E. Morris Correctional Institution in honor of the late John E. Morris, Representative from the 34th District, Kent County. Approved April 12. 1985. CHAPTER 4 FORMERLY HOUSE BILL NO, 99 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 3, TITLE 18, DELAWARE CODE, ESTABLISHING A REGULATORY REVOLVING FUND FOR THE REVENUES AND EXPENSES OF THE OFFICE OF THE INSURANCE COMMISSION; AND TO TRANSFER FUNDS FROM THE BUDGET OFFICE CONTINGENCY (10-02-004) (SELF INSURANCE FUND) TO THE OFFICE OF THE INSURANCE COMMISSIONER (12-03--001) (CONTRACTUAL SERVICES) FOR THE PURPOSE OF PROVIDING START- UP FUNDS FOR THE REGULATORY REVOLVING FUND. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §308, Chapter 3, Title 18, Delaware Code, by striking the section in its entirety and substituting in lieu thereof the following; "1308. Office; expenses; account of receipts; Regulatory Revolving Fund. (a) The Department shall operate 2 offices, the principal office in Dover and a branch office in Wilmington. (2) There is hereby created within the Office of the Insurance Commissioner a Special Fund to be designated as the Insurance Commissioner Regulatory Revolving Fund which shall be used In the operation of the Office of the State Insurance Commissioner in the performance of the various functions and duties required of the Office by law. All supervisory assessments, examination fees and any rate filing or from filing fees paid by Insurers and collected by the Commissioner pursuant to this Title shall be deposited in the State Treasury to the credit of said state Insurance Commissioner Regulatory Revolving Fund to be used in the operation of the office as authorized by the General Assembly in its annual operating budget. All other fees and/or taxes collected by the Commissioner shall not be deposited in said fund but shall be deposited in the General fund of the State, Funds in the State Insurance Commissioner Regulatory Revolving Fund shall be used by the Commissioner in the performance of his various functions and duties involved in the oversight of insurance companies as provided by law, subject to annual appropriations by the Genera) Assembly for salaries and other operating expenses of the office. The maximum unencumbered balance which shall remain in the State Insurance Commissioner Regulatory Revolving Fund at the end of any fiscal years shall be $70,000, and any amount in excess thereof shall cause the Insurance Commissioner to reduce assessments or fees collected in the next Fiscal Year by an amount sufficient to reduce the Regulatory Revolving Fund Dice year end balance back to or below $70,000." Section 2. The budget Director and the Controller General are hereby authorized and directed to transfer the sum of $70,000 from the Budget Office Contingency (10 02 004) (Self insurance Fund) to the Office of the Insurance Commissioner (Contractual Services). Such sum shall not be utilized in computing the unencumbered balance as set forth in Section 1 of this Act. Such sum ($70,000) is to be repaid by the office of the Insurance Commissioner to the Budget Office Self Insurance Contingency fund on or before June 30,1986. Approved April 12,1985. 3 4 CHAPTER 5 FORMERLY HOUSE BILL NO. 131 AN ACT TO AMEND CHAPTER 42, TITLE 18 OF THE DELAWARE CODE TO DIRECT THE DELAWARE INSURANCE GUARANTY ASSOCIATION TO ASSESS ITS MEMBER INSURERS AND TO PAY OVER SUCH ASSESSMENT'S TO THE INSURANCE COMMISSIONER REGULATORY REVOLVING FUND. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (THREE-FIFTHS OF ALL OF THE MEMBERS ELECTED TO EACH HOUSE THEREOF CONCURRING THEREIN): Section I. Amend 54208, Chapter 42, Title 18 of the Delaware Code by adding to subsection (a) a new paragraph "(9)" to read as follows: "(9) Annually assess each member insurer an amount not to exceed one-tenth of one percent of the member insurer's net direct written premiums written in Delaware. The Commissioner shall determine the amount of this annual assessment and shall so notify the Association not later than July 31 of the calendar year in which the assessment Ii to be made. This annual assessment shall be included in, and shall not result in the member insurer's aggregate assessment under this chapter exceeding, the 2% assessment limitation provided in paragraph (3) of this section. The proceeds of the annual assessment provided by this paragraph (9) shall be paid over by the Association to the Insurance Commissioner's Regulatory Revolving Fund to partially subsidize the oversight activities of the Commissioner, thereby minimizing the need for the assessments provided for by paragraph (3) of this section." Approved April 12, 1985. CHAPTER 6 FORMERLY HOUSE BILL NO, 132 AN ACT TO AMEND CHAPTER 44, TITLE 18 OF THE DELAWARE CODE TO DIRECT 'THE DELAWARE LIFE & HEALTH GUARANTY ASSOCIATION TO ASSESS ITS MEMBER INSURERS AND TO PAY OVER SUCH ASSESSMENTS TO THE INSURANCE COMMISSIONER REGULATORY REVOLVING FUND. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (THREE-FIFTHS OF ALL OF THE MEMBERS ELECTED TO EACH HOUSE THEREOF CONCURRING THEREIN): Section 1. Amend Chapter 44, Title 18 of the Delaware Code by inserting in subsection (a) of Section 4409, following the words and phrase "the powers and duties of the Association", and before the words and phrase "the Board of Directors shall assess", the words and phrase "and of minimizing the Association's liability by partially subsidizing the oversight activities of the Commissioner". Section 2. Further amend Chapter 44, Title 18 of the Delaware Code by striking from the first line of subsection (b) of Section 4409 the numeral "3" and substituting in lieu thereof the word "four". Section 3. Further amend Chapter 44, Title 18 of the Delaware Code by adding to subsection (b) of Section 4409 a new paragraph "(4)" to read as follow:: Class D assessments shall be made annually to partially subsidize the oversight activities of the Commissioner, thereby minimizing the need for Class B and Class C assessments." Section 4. Further amend Chapter 44, Title 18 of the Delaware Code by adding to subsection (c) a new paragraph "(5)" to read as follows: Class D assessments shall be made against each member insurer annually in an amount not to exceed one tenth of one percent of the member insurer's premiums written in this State during the calendar year preceding the assessment. The Commissioner shall determine the amount of the Class D assessment and shall so notify the Association not later than July 31 of the calendar year in which the assessment Is to be made. The proceeds of this assessment shall be paid over by the Association to the Insurance Commissioner's Regulatory Revolving Fund." Section 5. Further amend Chapter 44, Title 18 of the Delaware Code by inserting in subsection (e) of Section 4409, following the words and phrase "for each account", and before the words and phrase "shall not In any I calendar year", the words and phrase ", and Including Class D assessments". Approved April 12. 1985. CHAPTER 7 FORMERLY HOUSE BILL NO. 146 AN ACT TO AMEND CHAPTER 216, VOLUME 27, LAWS OF DELAWARE AS AMENDED BY CHAPTER 454, VOLUME 60, CHAPTER 312, VOLUME 60, CHAPTER 233, VOLUME 51 AND CHAPTER 123, VOLUME 35 RELATING TO "AN ACT AMENDING, MERGING AND CONSOLIDATING THE CHARTER OF NEW CASTLE". BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two.- thirds of all members elected to each House thereof concurring therein): Section I. Amend Section 18, Chapter 216, Volume 27, Laws of Delaware as amended, by striking the said Section in its entirety and inserting In lieu thereof the following: "Section 18. The Council shall have power and authority to appropriate out of the Treasury, by ordinance or resolution passed by a majority of all members, all sums of money necessary to carry on the government of the City and defray the expenses thereof, and the said council shall fix and determine the salary or compensation to be paid to the Police Constables, and all other persons in the employ of the said City. The emoluments and compensations of the Mayor, President and members of council and Treasurer shall be set from time to time by ordinance duly adopted by the Mayor and council of New Castle. Until such an ordinance is passed, the Mayor shall receive twelve hundred dollars per year, President of Council. eleven hundred dollars per year, members of Council, one thousand dollars per year and Treasurer, eight hundred dollars per year. The compensation of any officer elected by the people shall not be changed during his or her continuance In office." Approved April 12, 1985. CHAPTER 8 FORMERLY SENATE BILL NO. 135 AN ACT TO AMEND CHAPTER 19, TITLE 14, DELAWARE CODE, RELATING TO .UNIFORM TAX RATES FOR SCHOOL DISTRICTS THAT TRAVERSE TWO COUNTIES. WHEREAS, the reassessment of properties in one county in a school district that lies in two counties creates vast inequities in the tax payments based on assessment; and WHEREAS, a uniform tax rate on properties obviously assessed at widely varying percentages of true value would result in gross inequities among the taxpayers. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend '1916, Chapter 19. Title 14. Delaware Code, by designating the existing subsection (c) as subsection (d) and by adding a new subsection designated as (c) to read as follows: "(c) Notwithstanding any other provisions of this Title to the contrary, the school board of the district whose jurisdiction traverses county boundary lines and whose local school taxes are made different u a result of property reassessment shall levy real estate taxes in the following manner: I. In the county not reusessed, at a rate authorized by law and referendum. 2. In the county recently reassessed, at a newly calculated rate based on the newly established assessments which at its maximum would bring in revenue equal to the amount authorized by law and by referendum, based on the previous year's assessment, plus the quarterly updates and the 10% increase as authorized by subsection (b) of this Section." Approved April 25, 1985. 5 6 CHAPTER 9 FORMERLY SENATE BILL NO. 39 AS AMENDED BY SENATE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1 TO SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 334, VOLUME 64, LAWS OF DELAWARE, BEING AN ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING RINE 30, 1985, SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS: AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS". WHEREAS, the 132nd General Assembly passed and the Governor signed Into Law House Bill No. 699 concerning the Family Law Commission, and WHEREAS, this Legislation provided for the members of the Family Law Commission to receive travel expenses, and WHEREAS, no funds were appropriated to pay travel expenses, NOW THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 334, Volume 64, Section 1 by striking those figures appearing in the "From" column within this Section 1 and substituting certain figures in lieu thereof; by aiding a new line item and figure appearing In the "To" column; with reference to the lines and pages on which the same appear as hereinafter set forth: Approved May 2, 1985. Increase Ease Line Ornanizationfltern Erin To (Decrease) 2 2 (01- oa-000) LEGISLATIVE 2 3 (01-00.001) General Assembly House 2 9 Mileage Legislators 40.0 39.0 (1.0) 2 15a Travel Family Law Comm. 0 2,0 2.0 2 16 TOTAL General Assembly 1,454.1 1,455.1 1.0 2 17 (01-02-001) General Assembly Senate 2 23 Mileage- Legislative 27.5 26.5 (1.0) 2 30 TOTAL. General Assembly Senate 854.1 853.1 (1.0) 7 CHAPTER 10 FORMERLY SENATE BILL NO. 101 AN ACT TO ALLOW ANDREW JOHN KELLEHER, A NON- RESIDENT, TO MARRY RHONDA YVONNE MCCOY. A NON-RESIDENT. WHEREAS, Andrew Kelleher wishes to marry Rhonda McCoy on June 8, 1985 in the State of Delaware; and WHEREAS, Rhonda McCoy's Grandmother lives in Newark, and both Andrew Kelleher and Rhonda McCoy wish to Marry in Delaware; and WHEREAS, both Andrew Kelleher and Rhonda McCoy are presently residing in the State of Texas; and WHEREAS, both Andrew Kelleher and Rhonda McCoy will not be able to return to Delaware more than 96 hours prior to the time of their scheduled marriage; and WHEREAS. 5107(a), Title 13 of the Delaware Code state, that a non-resident of Delaware must wait 96 hours after acquiring marriage license before the marriage ceremony may take place; and WHEREAS. Andrew Kelleher and Rhonda McCoy could be married but for the non-residency requirements of the Delaware Code; and WHEREAS, it is the public policy of this State to encourage marriage. NOW,THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Andrew Kelleher and Rhonda McCoy are hereby exempted from the application of 5107(a), Title 13 of the Delaware Code and are specifically permitted to marry on June I, 1985, or within 30 days thereafter; the Clerk of the Peace for New Castle County shall issue to Andrew Kelleher and Rhonda McCoy an official marriage license pursuant to this Act, the provisions of Chapter 1, Title 13, or any other law of this State to the contrary notwithstanding. Approved May 2, 1985. CHAPTER 11 FORMERLY HOUSE BILL NO. 36 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 10, TITLE 22 OF THE DELAWARE CODE RELATING TO REAL PROPERTY TAX EXEMPTIONS FOR PERSONS 65 OR OLDER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 51002, Chapter 10, Title 22 of the Delaware Code by striking the words "of the first $5,000 of assessed valuation, provided" as they appear therein. Section 2. Amend Chapter 10, Title 22 of the Delaware Code by striking 51003 in its entirety and redcsignating Sections 1004 through 1007 as Sections 1003 through 1006. Approved May 3, 1985. 8 CHAPTER 12 FORMERLY SENATE BILL NO. 96 AS AMENDED BY SENATE AMENDMENT NO. 3 AN ACT TO AMEND TITLE 11, DELAWARE CODE, RELATING TO THE RIGHTS OF LAW ENFORCEMENT OFFICERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title IL Delaware Code, by adding thereto a new Chapter to be designated as Chapter 92 to read as follows: "CHAPTER 92. POLICE BILL OF RIGHTS §9200. Political Activity; Rights of Officers Under Investigation (a) A law enforcement officer within a jurisdiction in this State has the same rights to engage in political activity as are afforded to any other person. The right to engage in political activity shall not apply to any law enforcement officer while he or she is on duty or when he or she is acting In his or her official capacity or while in uniform. (b) A 'law enforcement officer' for the purposes of the Chapter shall be defined as follows: A police officer who is a sworn member of the following law enforcement agencies: I. Delaware State Police; Wilmington City Police Department; New Castle County Police Department; The police department, bureau, or force of any incorporated city or town within this State; S. The University of Delaware Police Division; No law enforcement officer not a member of one of the above agencies shall be covered by this Act. (c) Whenever a law enforcement officer is under investigation or is subjected to questioning for any reason which could lead to disciplinary action, demotion or dismissal, the investigation or questioning shall be conducted under the following conditions: I. The questioning shall be conducted at a reasonable hours, preferably at a time when the officer Is on duty unless the gravity of the investigation in the opinion of the investigator is of such degree that immediate questioning is required. The questioning shall take place at the agency headquarters or at the office of the local troop or police unit in which the incident allegedly occurred as designated by the investigating officer or unless otherwise waived in writing by the officer being investigated. The law enforcement officer under investigation shall be informed of the name, rank, and command of the officer in charge of the Investigation. All questions directed to the officer shall be asked by and through no more than two investigators. No complaint against an officer shall be prosecuted under departmental rule or regulation unless the complaint is supported by substantial evidence after investigation by an authorized member of the department. The law enforcement officer under Investigation she! be Informed in writing of the nature of the investigation prior to being questioned. 5 Interview sessions shall be for reasonable periods of time. There shall be times provided for the officer to allow for such personal necessities and rest periods as are reasonably necessary 6. Except upon refusal to answer questions pursued In a valid investigation, no officer shall be threatened with transfer, dismissal or other disciplinary action. 7 A complete record, either written, taped or if taped, transcribed as soon as practicable, shall be kept of all interviews held in connection with the administrative ii.vestigation upon Chapter 12 9 notification that substantial evidence exists for seeking an administrative sanction of the law enforcement officer. A copy of the record shaU be provided to the officer or his or her counsel at his or her expense upon request. If the law enforcement officer under interrogation is under arrest or may reasonably be placed under arrest as a result of the investigation, he or she shall be informed of his or her rights, including the reasonable possibility of his or her arrest prior to the commencement of the interrogation. At the request of any officer under questioning he or she shall have the right to be represented by counsel or other representative of his or her choice, who shall be present at all times during the questioning unless waived in writing by the Investigated officer. The questioning shall be suspended for a period of time if the officer requests representation until such time as the officer can obtain the representative requested If reasonably available. W. An officer who is charged with violating any department rules or regulations or his representative will be provided access to transcripts, records, written statements, written reports analyses and video tapes pertinent to the case if they are exculpatory, intended to support arty disciplinary action or are to be introduced in the departmental hearing on the charges involved. Upon demand by the officer or counsel, they shall be produced within forty- eight (48) hours of the written notification of the charges. 11. At the conclusion of the administrative investigation, the investigator shall inform in writing the office of the investigative findings and any recommendation for further action. 89201. Prohibition of Adverse Material in Officer's File No law enforcement agency shall insert any adverse material into the file of any officer except the fife of the internal investigation or the intelligence division unless the officer has had an opportunity to review, sign, receive a copy of and comment in writing on the adverse material. 89202. Disclosure of Personal Assets No officer shall be required or requested to disclose any item of his or her personal property, income, assets, sources of income, debts, personal or domestic expenditures (including those of any member of his or her household), unless such information is necessary in investigating a violation of any Federal, State, or local ordinance with respect to the performance of official duties or unless such disclosure Is required by State or Federal law. 89203. Hearing Required on Suspension In the event any officer is: Suspended for any reason; Charged with conduct alleged to violate the rules or regulations or general orders of the department that employs him or her: Charged with a breach of discipline of any kind which could lead to any form of disciplinary action excluding reprimands which may become a part of the officer's personal permanent record shall be entitled to a hearing under the guidelines of this Act or under any contracted grievance procedure between the officers bargaining unit and his or her department. 89204. Time of Hearing In the event an officer is entitled to a hearing, a hearing shall be scheduled within a reasonable period of time from the alleged incident, but in no event more than thirty 00) days following the conclusion of the internal investigation, unless waived in writing by the charged officer. The officer shall be given written notice of the time and place of the hearing and the issues involved, including a specification of the actual facts that the officer is charged with having committed; a statement of the rule, regulation, or order that those facU are alleged to violate; and a copy of the rule, regulation or order. The charge against the law enforcement officer shall advise him or her of the alleged facts and that the violation of the rule constituted a basis for discipline, and shall specify the range of applicable penalties that could be imposed. 59205. Impartial Board of Officer. Evidence of probative Value An official record including testimony and exhibits shall be kept of the hearing. The hearing shall be conducted within the department by an impartial board of officers. The prosecuting party and the officer and/or his or her representative shall be given an opportunity to present evidence and argument with respect to the issues involved. Both the department and the 10 Chapter 12 officer may be represented by legal counsel. In the event an impartial board cannot be convened. then a board of three officers or more shall be convened under the auspices of the Delaware Criminal Justice Commission. Evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs shall be admissible in evidence and given probative effect. The Tribunal conducting the hearing shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All records and documents which any party desires to use shall be offered and made a part of the record. Documentary evidence may be received in the form of copies of excerpts or by incorporation by reference. Every party shall have the right of cross examination of witnesses who testify and may submit rebuttal evidence. The Tribunal may take notice of judicially cognizable facts and in addition may take notice of general, technical, or scientific facts within its specialized knowledge. Parties shall be notified beforehand of the materials no noticed by the trial board. No law enforcement officer may be adjudged guilty of any offense unless the hearing Tribunal is satisfied that guilt has been established by substantial evidence. §9206. Admission of Evidence Against Officer's Rights No evidence may be obtained, received or admitted into evidence in any proceeding of any disciplinary action which violates any of the rights established by the United States or Delaware Constitution or by this Act. The Tribunal may not enter any judgment, or sustain any disciplinary action based on any evidence obtained in violation of the officer's rights, as contained in this Act. §9207. Decision Required in Writing and Mailed to Officer Any decision, order or action taken following the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the decision or order accompanying findings and conclusions along with the written action and right of a peal, if any, shall be delivered or mailed promptly to the law enforcement officer or to his/her attorney or representative of record. §9208. Extra Work as Punishment Prohibited No law enforcement officer shall be compelled to work extra duty without compensation as a penalty for a disciplinary infraction. No suspension for any period of time provided in departmental rules and regulations shall effect the law enforcement officer's eligibility for pension, hospitalization, medical, and life insurance coverage or other benefits specifically protected under his or her contract of employment. Suspension may effect time of pension eligibility by contractual provision or other statutory provision. Nothing herein shall prevent any law enforcement agency from requiring reimbursement by a suspended law enforcement officer of his or her employee contribution to his or her benefits during his or her time of suspension. §9209. Applicability of Act The Act shall apply to all law enforcement disciplinary proceedings throughout the State of Delaware." Approved May 13, 1985. 11 CHAPTER 13 FORMERLY SENATE BILL NO. 139 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 17 OF TITLE 5 OF THE DELAWARE CODE RELATING TO BUILDING AND LOAN ASSOCIATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Chapter 17, Title 5, Delaware Code by the addition thereto of a new Section 1727 to read as follows: "Section 1727. Insurance Required. No building and loan association whose total assets exceed three minion dollars or office of an association created under the laws of any other state may engage in business within this State unless its shares, savings accounts, savings certificates and other types of share or deposit accounts offered are insured pursuant to Title IV of the National Housing Act (12 U.S.C. Section 1724 et. seq.) and the regulations issued pursuant thereto." Section 2. Amend Section 1707, Chapter 17. Title 5 of the Delaware Code by the designation of the current text thereof as paragraph "(a)" and the addition thereto of the following new paragraph: lb) Except as provided in this section no building and loan association created by or under the laws of any other state or territory or the District of Columbia may operate any branch office or place of business in this State except through a wholly owned subsidiary created under the laws of this State, that operates exclusively within this State, is duly licensed under this chapter, and conforms to all of the provisions of this chapter. At the request of any building and loan association created by or under the laws of another state or territory or the District of Columbia and holding a license to do business in this State, the Bank Commissioner shall waive for a period of twelve months following the effective date of this Act, or the issuance of a license granted under this Chapter, whichever is later, the requirements of subsection (b) hereof with respect to such institution upon his determination that It will promptly make such applications as the Bank Commissioner deems necessary for all approvals of governmental departments or agencies necessary to implement the Independent subsidiary structure contemplated by subsection (b) hereof. The Bank Commissioner shall waive for an indefinite period the requirement of subsection (b) hereof upon his finding that a building and loan association created by or under the laws of another state or territory or the District of Columbia and holding a license to do business in this State: (I) has in good faith taken all steps which the Bank Commissioner deems necessary for It to obtain all approvals of governmental departments or agencies necessary for it to conduct its Delaware operations through a federally insured subsidiary complying with the provisions of subsection (b) hereof and any such necessary approval has been denied or, following a reasonable period not to exceed the 12 month period set forth in subsection (c) hereof, has not been granted; and (2) has entered into and is In compliance with an enforceable regulatory agreement with the State Bank Commissioner containing such terms and conditions relating to the operation of such institution's Delaware branch or branches as the Commissioner deems appropriate to assure the safety and soundness of the deposits of such institution including. In the discretion of the Bank Commissioner, a provision requiring a deposit of U. S. Treasury or other securities acceptable to the Commissioner to be held under such terms as are agreed upon to secure such institution's obligations to depositors of such branch or branches." Section 3. Amend g1723, Chapter 17, Title S. Delaware Code, by the deletion of the first and fourth sentences thereof and the substitution therefor of the following first and fourth sentences. respectively: "Every person, desiring to obtain a license under the provisions of this Chapter, shall file with the Commissioner, an application in writing in such form as may be prescribed by the Commissioner which application must, demonstrate public convenience and advantage which will be satisfied by the approval of such application. lie shall require the applicant to enter into written agreement with him for a business plan, describing the management, operations and investments. The business plan shall include financial 12 Chapter 73 projections of the proposed licensee for the first three years of operation and the plan, as a minimum, shall conform with the requirements of 12 CFR Section 571.6(b) as existing on the effective date hereof." Section 4. Effective Date. This Act shall take effect upon the signing by the Governor, except that any building and loan association having an operating office within this State on the effective date of this Act shall have an automatic extension of six months from such date to comply with the provisions of Section I hereto and, provided further that in his discretion the Dank Commissioner may grant an additional extension of three months to any such association within which it must comply with the provisions of such section. Approved May 23, 1985. CHAPTER 14 FORMERLY SENATE BILL NO. 178 AN ACT ALLOCATING AUTHORITY TO ISSUE MORTGAGE REVENUE BONDS TO THE DELAWARE STATE HOUSING AUTHORITY AND VARIOUS POLITICAL SUBDIVISIONS IN THE STATE OF DELAWARE. WHEREAS, housing programs supported by the sale of tax exempt single family mortgage revenue bonds (the "Bonds") have been of great benefit to first time home buyers and members of families of low and moderate income in the State of Delaware (the "State"); and WHEREAS, the Mortgage Subsidy Bond Tax Act of 1980 (the "Act") limits the sale of the Bonds within the State to a maximum amount of $200,000,000 in any calendar year; and WHEREAS, the Act permits the State to allocate by legislation the authority to issue the Bonds among various authorized issuers within the State; and WHEREAS, the absence of such allocation of issuing authority in the past has worked a hardship on authorized issuers of Bonds and the families that would benefit thereby. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: "SecUon 1. Definitions 'Act' means the Mortgage Subsidy Bond Tax Act of 1980. 'Bonds' means tax exempt single family mortgage revenue bonds. 'Chief Elected Official' means the highest elected official in the State of Delaware or any political subdivision or agency thereof, including, but not limited to, the Governor, the County Executive of New Castle County, the President of County Council of Sussex County, the President of the Levy Court of Kent County, and the Mayor of the City of Wilmington, or their designees. 'Issuer' means the State or any political subdivision or agency thereof which is authorized by law or Executive Order to issue Bonds, including, but not limited to, the State, the Counties of New Castle, Kent and Sussex, and the City of Wilmington. 'State' means the State of Delaware. Section 2. Allocation of Authority In accordance with the provisions of the Act, the agencies or political subdivisions specified below are hereby allocated for each calendar year the following issuing authority with respect to Bonds: Delaware State Housing Authority - $100,000,000 New Castle County - $50,000,000 Sussex County -- $20,000,000 Kent County - $20,000,000 City orWilmington - $10,000,000 Section 3. Assignment of Allocated Intallif Authority The allocation of Bond issuing authority may be assigned in whole or in part by any agency or political subdivision of the State to any other Issuer upon approval, in writing, of the Chief Elected Official of such agency or political subdivision desiring to assign the allocation. Section 4. Recapture of Issuing Authority (a) Statement of Reallocation. Any Issuer desiring to be granted an increase In its allocated issuing authority shall file with the Secretary of State a Statement of Reallocation on or before September I of each calendar year. The Statement of Reallocation shall specify the name and address of the Issuer and the amount of issuing authority desired to be reallocated to it. 13 14 Chapter 14 Statement of Intent to Issue Bonds. Any Issuer intending to issue Bonds after September 1 of each calendar year shall file a Statement of Intent to Issue Bonds with the Secretary of State on or before September 1 of that particular year. No Bonds shall be issued after September I unless the Statement of Intent to Issue Bonds is filed. The Statement of Intent to Issue Bonds shall specify the name and address of the Issuer and the principal amount of Bonds the Issuer intends to Issue after September 1. If an Issuer files a Statement of Intent to Issue Bonds and falls to issue a principal amount of Bonds during the balance of such calendar year equal to at least 90% of the amount specified therein, such Issuer shall be prohibited from filing a Statement of intent to Issue Bonds the next calendar year. in the event that more than one Issuer files a Statement of Reallocation, the Secretary of State on or before September 15 of such calendar year shall reallocate the remaining issuing authority on a pro rata basis based upon the respective amount of issuing authority of such issuers as provided in Section 2, but not in excess of the reallocation requested in the Statement of Reallocation. Written notice of reallocation of issuing authority shall be sent by the Secretary of State to all hitters requesting reallocation on or before September 30 each year. Section 5. Thls bill shall be effective immediately upon signing by the Governor." Approved May 24. 1985. CHAPTER 1S FORMERLY HOUSE BILL NO. 192 AS AMENDED BY HOUSE AMENDMENT NOS. 2 AND 3 AN ACT TO AMEND TITLE 28, DELAWARE CODE, RELATING TO SPORTS AND AMUSEMENTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend S322(c), Title 28, Delaware Code, by striking the number "75" as It appears therein and by substituting in lieu thereof the number "100." Section 2. Further Amend §322(c), Title 28, Delaware Code by adding the following sentence: "Anything In this subsection to the contrary notwithstanding, in calendar year 1985 only, the Commission shall, upon application to it made on or before July 1, 1985, award additional dates for racing within the respective counties of this State for 1985." Section 3. Amend S322(e), Title 28, Delaware Code by adding the following sentence: "In calendar year 1985, the Commission may meet subsequent to July I, 1985 and award additional dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter." Section Z. Amend Chapter 3, Title 28, Delaware Code, by adding a new S342 which shall read as follows: "§342. hours during which racing prohibited. Na racing under this chapter shall be held between the hours of sundown and sunrise." Approved May 24, 1985. 15 CliAPTER 16 FORMERLY HOUSE BILL NO, 100 AS AMENDED BY HOUSE AMENDMENT NO. I AN ACT TO AMEND CHAPTER 385, Volume 63, AND CHAPTER 111, VOLUME 64 OF THE LAWS OF DELAWARE RELATING TO THE DEFINITION OF BEVERAGE CONTAINERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Chapter 385, Volume 63, Laws of Delaware, as amended by Chapter 111, Volume 64, Laws of Delaware by striking Section 2 as amended in its entirety and substituting in lieu thereof the following: "Section 2. The provisions of Section I above shall terminate on January I, 1992." Approved June 6, 1985. CHAPTER 17 FORMERLY SENATE BILL NO. 183 AS AMENDED BY SENATE AMENDMENT NO, 4 AN ACT TO AMEND CHAPTER I, TITLE 26 OF THE DELAWARE CODE, AND TO AMEND CHAPTER 55, TITLE 30 OF THE DELAWARE CODE, RELATING TO CORPORATIONS IN REORGANIZATION UNDER CHAPTER II OF THE UNITED STATES BANKRUPTCY CODE AND THEIR ELIGIBILITY FOR EXEMPTION FROM THE PUBLIC UTILITY TAX AND FOR ECONOMIC DEVELOPMENT GRANTS PROVIDED BY PUBLIC UTILITIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Section 303, Title 26 of the Delaware Code by adding to Section 303 a new subsection "(c)" to read as follows: "(c) Notwithstanding any other provision of this Chapter, any corporation that is exempt from taxation under Section 5506 (f) of Chapter 55, Title 30 of the Delaware Code may petition the Public Service Commission for an economic development credit of up to five percent of its electric and/or gas utility bills to be in effect for the same period specified in that Section. The Public Service Commission may grant such peitition if it deems such action to be in the public interest. If such petition is granted, then the Public Service Commission shall permit the affected utility to collect the amount of the economic development expense in a manner deemed appropriate by the Commission." Section 2. Amend Section 5506 of the Delaware Code by adding to Section 5506 a new subsection In- to read as follows: "(f) The tax imposed by Section 5502(b) of this Chapter shall not apply for thirty six consecutive months to gas or electricity furnished to a corporation which, at any time after December 31, 1984, was a debtor In possession in a reorganization proceeding under Chapter Ii of the United States Bankruptcy Code and which in good faith files a plan of reorganization with the United States Bankruptcy Court. The thirty six month exemption period shall commence on the first day of the calendar month following the filing of the debtor corporation's plan of reorganization. During the thirty six month exemption period no distributor of gas or electricity shall be assessed any tax imposed by this Chapter upon the distribution of such gas or electricity to a corporation which qualifies for such exemption under this subsection, nor shall any distributor of gas or electricity pass on any tax imposed by this Chapter to any such corporation. The Division of Revenue shall promulgate appropriate rules and regulations to Implement this subsection." Approved June 15, 1985. 16 CHAPTER 18 FORMERLY SENATE BILL NO. 77 AN ACT TO AMEND CHAPTER 183, VOLUME 22, LAWS OF DELAWARE, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF GREENWOOD" AS AMENDED BY CHAPTER 167, VOLUME 43, LAWS OF DELAWARE, TO AUTHORIZE THE ISSUING OF BONDS TO FINANCE THE CONSTRUCTION AND IMPROVEMENT OF ITS DISPOSAL SYSTEM, INCLUDING A SEWAGE TREATMENT PLANT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all members elected to each House thereof concurring therein): Section 1. Amend Chapter 167, Volume 43, Laws of Delaware by striking said Chapter in its entirety. Section 2. Amend Chapter 183, Volume 22, Laws of Delaware by adding thereto a new Section to be designated as Section 28 to read as follows: "Section 28. The Town Council of the Town of Greenwood is hereby authorized and empowered to borrow money and issue bonds or certificates of indebtedness to secure the repayment thereof on the full faith and credit of the Town of Greenwood or such other security or securities as the Town Council shall elect for the payment of principal thereof and the interest due thereon. All bonds or other kinds or forms of certificate or certificates of indebtedness issued by the Town Council pursuant to provisions of this Chapter shall be exempt from all State, County or Municipal Taxes. The power or authority to borrow money may abe exercised by the Town Cott:tell to provide funds for, or to provide for the payment of, the construction, installation, repair, replacement, maintenance, improvement, extension or enlargement of a sewage disposal system, including a sewage treatment plant; provided however, that the bottowing of the money therefor shall have been authorized by the Town Council and shall have been approved by the qualified voters in the following manner. The Town Council shall propose to the property owners and residents of the Town of Greenwood by resolution which shall state the amount a money to be borrowed for any of the purposes authorized by this Section. The resolution shall also state the purpose for which the money is desired to be borrowed, the manner of securing the loan and other facts relating to the loan which are deemed pertinent by the Town Council and in their possession at the time of the passage of the resolution and shall fix a time and place for holding a public hearing on the said resolution. Notice of the time and place of the public hearing on the resolution proposing the said loan shall be printed in a newspaper having a general circulation in the Town of Greenwood at least one (I) week prior to the time and date set for the said public hearing. (t) After the public hearing but in no event later than fifteen (15) days following the public hearing, a second resolution may then be pasted by the Town Council ordering a special election to be held not less than thirty (30) days nor later than sixty (60) days after the said public hearing to borrow the said money for the purpose of voting for or against the proposed loan. The passing of the second resolution calling a special election shall ipso facto be considered the determination of the Town Council to proceed the matter at issue. Notice of the time and place of holding the said special election shall be printed in two (2) issues of a newspaper having a general circulation in the Town of Greenwood within thirty (30) days prior to the special election, or distributed in circular form at least fifteen (15) days prior to the date of the said special election, or both, at the discretion of the Town Council. At the special election, every owner of the property, whether an individual, partnership or corporation, shall have one (1) vote and the said vote may be cast either in person or by proxy. In addition, every person who is a bona fide resident of the Town of Greenwood but who is not a property owner and who would be entitled at the time of the holding of the special election to register and vote in the Annual Municipal Election if such Annual Municipal Election were to be held on the day of the special election shall have one (1) vote whether or not such person be registered to vote in the Annual Municipal Election, and the said vote may be cast either in person or by proxy. (I) The Town Council shall cause to be prepared, printed and have available for distribution a sufficient number of sample ballots marked or defaced in such a manner that they cannot be used in Chapter 18 17 the special election not less than five (5) days prior to the date of the special election. Paper ballots or voting machines, at the discretion of the Town Council, may be used in the special election. The Mayor of the Town of Greenwood shall, prior to the date of the special election, appoint and designate a Presiding Officer and sufficient judges to act as a Board of Special Election. The members of the Board of Special Election shall be the judges of the special election and shall decide upon the legality of the votes offered and shall keep a list of all voters thereof. The Board of Special Election shall count the votes for and against the proposed loan and shall announce the result thereof. The Board of Special Election shell make a certificate unto their hands of the number of votes cast for and against the proposed loan and shall deliver the same to the Mayor and Town Council which said certificate shall be entered upon the minutes of the Town Council and the original shall be filed with the papers of the Town Council. The form of bond, the interest rate, the time or times of payment of interest, the classes, the time or times of maturity, and provisions as to registration shall be determined by the Town Council after the said special election. The bonds may be sold at either public or private sale, as determined by the Town Council. The Town Council shall provide in the annual budget and in the fixing of any tax, surcharge or tax, for the payment of interest on and principal of said bonds at the maturity or maturities thereof and a sinking fund therefor without limitation as to any amount to be raised by taxation. The full faith and credit of the Town of Greenwood shall be deemed to be pledged for the prompt payment of the bonds and the interest thereon issued pursuant to the provisions of this Act when the same had been properly executed and delivered for value. (I) The amount to be borrowed from time to time for any purpose authorized by this Act may decrease or increase from time to time but the principal sum outstanding at any time shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). The Town of Greenwood is her.. ,y authorized and empowered to do all things necessary for the location, erection, construction, replacement, repair, equipping and operating of the said sewer system and sewage treatment plant and to provide for the care and maintenance of the same and to Purchase all instruments, appliances, equipment and supplies as may be necessary for the establishing and operating the said sewer system and the sewage treatment plant In said town and for furnishing the citizens and inhabitants thereof with proper and adequate sewage facilities and to effect the same the Town of Greenwood shall have the power and authority to lay pipes and conduits under and along any of the streets, lanes, alleys or highways of said town, or any road adjacent thereto, and also to contract and agree with the owner or owners for the occupation or purchase of any lands or lands or any interest therein which may be necessary for the purpose of carrying into effect the provisions of this Act. In the event, however, that the owner or owners of property shall fail to agree with the town, the Town of Greenwood shall have full power of eminent domain over any lands or property rights required for any purpose connected with the installation, operation, extension, replacement, improvement or enlargement of the said sewer system and shall be able to condemn property rights for the use of the said sewer system in the same manner and to the same extent as established by Chapter 61, Title 10, Delaware Code. The Town of Greenwood shall have authority to require any premises to be connected to the sewer system. In the event that any owner should neglect to connect his property immediately after being ordered to do so by the Town of Greenwood, the Town Council shall have the authority to connect the premises with the sewer system as ordered and to collect the cost of such connection by the same process as Town taxes are collectible. The Town of Greenwood shall have supervision and control of all public pipes, sewers and drains connected with the said sewer system and sewage treatment plant whether within or without the corporate limits of the Town of Greenwood and may own or remove the same and may cause new pipes, drains and sewers to be made and opened. The Town Council may cause such pipes, sewers and drains to be laid in any of the said streets, lanes, alleys or highways of the said town in such manner and of such material as it, the said Town Council, may deem proper. The Town Council is hereby authorized to make rules and regulations regulating the tapping or use of public sewers by the owners of abutting property and shall provide for the granting of permits for the same and for the payment of such tapping fees and sewer rental as the Town Council may deem proper. The Town Council shall prescribe the material of all private drains or sewers which shall enter into any public sewer and shall direct the manner in which they shall be laid. The Town Council may contract for and purchase sewer disposal service within or without the corporate limits of the town at such rate or rates as may be established by the Town Council. The Town of Greenwood is hereby authorized and empowered to engage the services of such agents and servants as it may deem necessary in the erection, completion, extension, improvement, replacement, repair, equipping or operating of the said sewer system and sewage treatment plant as herein provided. The Town Council Is hereby authorized and empowered to adopt such ordinances as it may deem necessary for the operation, management and control of the said sewer system and sewage treatment plant and may grant all persons and corporations in the Town of Greenwood the privilege 18 Chaptnr 18 of using said sewer system in such manner and upon such terms and conditions as may seem Just and proper to the said Town Council. The Town Council is further empowered to provide sewer service outside the corporate limits of the town with the same powers as though such service had been initially provided by the facilities within the corporate limits at such rate or rates as may be from time to time established by the Town Council." Section 3. Any Act inconsistent with the provisions hereof be and the same is hereby repealed to the extent of such inconsistency. Approved June 19, 1985 CHAPTER 19 FORMERLY SENATE BILL NO. 84 AN ACT TO AMEND TITLE 9, CHAPTER 68, 86812 OF THE DELAWARE CODE RELATING TO PUBLIC HEARINGS AND NOTICE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Title 9, Chapter 68, 56812 is hereby amended by striking said section in iu entirety and Inserting in lieu thereof the following: "56812. Public Hearing and Notice (a) Any public hearing required by this chapter shall be held within the county and notice of the time and place thereof shall be published in two (2) newspapers of general circulation in the county. Notice shall be published at least fifteen (15) days before the date of the hearing. In addition, notice of the hearing shall be posted on the property itself. The notice shall state the place at which the text and maps relating to the proposed change may be examined. (b) Public notice of any formal action taken in regard to public hearings as required by this chapter shall be published once in a newspaper of general circulation in the county within fifteen (15)days of such action." Approved June 19, 1985. 19 CHAPTER 20 FORMERLY SENATE BILL NO. 94 AN ACT TO AMEND CHAPTER 215, VOLUME 64, LAWS OF DELAWARE, BEING "AN ACT TO RE-INCORPORATE THE CITY OF HARRINGTON' RELATING TO ELECTIONS, ALDERMAN AND POLICE POWERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 6, Chapter 215, Volume 64, Laws of Delaware in the third line of the second paragraph by striking the word "printed" and inserting in lieu thereof the word "placed". Section 2. Amend Section 7(b), Chapter 215, Volume 64, Laws of Delaware in the second line by striking the word "Alderman" and inserting in lieu thereof the words "a resident of the City". Section 3. Amend Section 19, Chapter 215, Volume 64, Laws of Delaware In the first line by striking the word "shall" and Inserting in lieu thereof the word "may". Section 4. Amend Section 23(a), Chapter 215, Volume 64, Laws of Delaware in the second line after the words "City limits" by inserting the words "and within one mile outsIde of said limits". Approved June 19, 1985. CHAPTER 21 FORMERLY SENATE BILL NO. 102 AN ACT TO AMEND CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF SEAFORD." RELATING TO THE AMOUNT OF TAXES TO BE RAISED IN ANY ONE YEAR. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of aft members elected to each Howe thereof concurring therein): Section 1. Amend Subsection A. Section 27, Chapter 42, Volume 53, Laws of Delaware, as amended by striking the figure "$500,000", as it appears therein and substituting in lieu thereof the figure "$2,000,000." Approved June 19, 1985. CHAPTER 22 FORMERLY SENATE BILL NO. 115 AN ACT TO AMEND AN ACT BEING CHAPTER 170, VOLUME 57. LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE CITY OF LEWES", AS AMENDED BY CHAPTER 110, VOLUME 63, LAWS OF DELAWARE, TO INCREASE THE AMOUNT WHICH MAY BE RAISED BY TAXATION FROM REAL ESTATE. BR IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all members elected to each House thereof concurring therein): Section 1. Amend Subsection 30, Section 29, Chapter 170, Volume 57, Laws of Delaware, as amended by Chapter 110, Volume 63, Laws of Delaware by striking the words and figures "three hundred thousand dollars ($300,000.00)" and substituting in lieu thereof the words and figures "seven hundred fifty thousand dollars ($750,000.00)." Approved June 19, 1985. 20 CHAPTER 23 FORMERLY SENATE BILL NO. 141 AN ACT TO AMEND CHAPTER 237, VOLUME Si, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE, BY INCREASING THE POWER TO RAISE REVENUE". BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section I. Section 27, Chapter 237, Volume 51, of the Laws of Delaware. as amended, is amended by striking the figures "S60,000.00" as the same appears in the first sentence of the said section and substituting the figure 1100,000.00". Approved June 19. 1985. CHAPTER 24 FORMERLY SENATE BILL NO. 142 AN ACT TO AMEND CHAPTER 237, VOLUME Si, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE" RELATING TO THE QUALIFICATION OF VOTERS IN A BOND REFERENDUM AND AUTHORIZING BORROWING IN ANTICIPATION OF ISSUANCE OF BONDS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Section 29, Chapter 237, Volume SI, of the Laws of Delaware, as amended, is amended by striking from the third paragraph, subparagraph 5., the second and third sentences thereof and substituting in lieu thereof the following: "At said referendum, every citizen of the said Town who shall have attained the age of eighteen (18) years shall have one (1) vote, and in addition, every individual, partnership or corporation owning property within the corporate limits of the Town of Bridgeville shall also have One (I) vote and the said vote of an individual, partnership or corporation may be cast either in person or by proxy." Section 2. Section 29, Chapter 237, Volume 51, of the Laws of Delaware, as amended, is amended by adding thereto subparagraph 8. as follows: "8. If the Election Board shall deliver to the Commissioners a certificate that a majority of those voting at such referendum shall have voted for such bond issue, then in anticipation of Issuance of said bond, the council may. by resolution, borrow such money in such amounts and upon such terms and conditions as it may find necessary and authorize the issuance of negotiable notes therefore." Approved June 19, 1985. 21 CHAPTER 25 FORMERLY HOUSE BILL NO. 198 AN ACT TO ENLARGE THE DELAWARE HERITAGE COMMISSION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Y3201 (a), Chapter 32, Title 29, Delaware Code by striking the numeral "9" as it therein appears and substituting in lieu thereof the numeral "15". Approved June 19, 1985. CHARTER 26 FORMERLY SENATE BILL NO. 3 AN ACT TO AMEND VOLUME 63, CHAPTER 179, LAWS OF DELAWARE, BY AMENDING THE FISCAL YEAR 1982 CAPITAL IMPROVEMENT PROJECTS SCHEDULE TO USE $49000 FROM THE REHOBOTH - GROIN REPAIRS PROJECT FOR THE OUTPALL FOR LAKE GERAR. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fourths of all members elected to each branch thereof concurring therein): Section 1. AMEND the "FISCAL YEAR 1982 CAPITAL IMPROVEMENT PROJECTS SCHEDULE" attached to Chapter 179, Volume 63, Laws of Delaware, by striking the figure "75,000" wherever the same appears under "DEPT. OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL" in the line Item "Rehoboth. Groin Repairs, P.E. & Construction 75,000' -0- -0- -0- -0- 75,000" and substiuding the figure "26,000" In lieu thereof. Section 2. AMEND the "FISCAL YEAR 1982 CAPITAL IMPROVEMENT PROJECTS SCHEDULE" attached to Chapter 179, Volume 63, Laws of Delaware by adding a new line item under the caption "DEPT. OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL" to read as follows: "Outran for Lake Gerar, P.E. and Construction 49,000* -0- -0- -0- 49,000." Approved June 26, 198$. 2 2 CHAPTER 27 FORMERLY SENATE BILL NO. 42 AS AMENDED BY SENATE AMENDMENT NOS. 3, 4 AND 5 AN ACT TO AMEND CHAPTERS 21 AND 27 OF TITLE 21 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A MOTORCYCLE RIDER EDUCATION PROGRAM AND PROVIDING A SELF FUNDING PROGRAM THEREFOR. WHEREAS, Delaware in recent years has experienced continued increase in the use of motorcycles by young and sometimes untrained operators; and WHEREAS, research indicates that most accidents involving motorcycles occur during the first year an operator is licensed; and WHEREAS, there is a definite need for motorcycle safety instruction to promote highway awareness, recognition of the highway rights of others, and a thorough knowledge of the dangers and limitations involved in operating a motorcycle. NOW, THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fifths of all the members elected to each House thereof concurring therein): Section 1. Amend Chapter 27, Title 21 of the Delaware Code by adding thereto the following new sections to read as follows: 12726. Motorcycle rider education prop:nun Beginning July 1, 1985, the Department of Public Safety shall implement a Motorcycle Rider Education Program meeting the requirements of these sections and any rules or regulations promulgated by the Department. Adequate courses shall be provided to meet the reasonably anticipated needs of all persons In the State who are eligible and who desire to participate In such a program. Courses shall be open to all residents of the State who either hold a current valid driver's license or who are eligible for a motorcycle learner's permit. The course shall be open to all persons in the military service stationed in Delaware and their families. State assisted or private instructional services may offer courses In motorcycle rider education; provided, however, such course offerings meet the requirements of these sections. Such course offerings by State assisted or private instructional services may be reimbursed under the provisions of these sections. The Secretary may also enter into contracts for needed services related to the courses. The Department of Public Safety shall adopt the Motorcycle Safety Foundation Motorcycle Rider Course curricula or establish other equivalent minimum course requirements, designed to develop and instill the knowledge, attitudes, habits and skills necessary for the safe operation of a motorcycle. The Department shall adopt rules and regulations which are necessary to carry out the provisions of the Motorcycle Rider Education Program. For any person who successfully completes the Motorcycle Rider Education Program the Department's motorcycle written examination and road test shall be waived. The total budget for the Motorcycle Rider Education Program shall be based on the revenue available or estimated to be available in the special account established for the Motorcycle Rider Education Program. S2727. Requirements for Instructors The Department shall establish minimum requirements for the qualification for a motorcycle rider education instructor. The minimum requirements shall include, but not be limited to, the following: (I) The instructor shall have a high school diploma or its equivalent. (2) The instructor must be at least 18 years of age and must hold a valid driver's license and a Chapter 27 23 valid motorcycle endorsement. The instructor must hold a valid motorcycle endorsement and must have had at least two (2) years of motorcycle riding experience. The instructor's driver's license shall not have been suspended or revoked any time during the immediate preceding two (2) years. The instructor shall have no convictions for driving under the influence of alcohol or drugs during the immediate preceding five (5) years nor shall he have been subject to 541778 of this Title during the immediate preceding five (5) years. The instructor shall not have any convictions for moving traffic violations with a total of 4 points during the Immediate preceding two (2) years. Instructors who are licensed in other states must furnish certified copies of their driving records to the Division of Motor Vehicles. An applicant shall not be eligible for instructor status until his driving record for the immediate preceding five (5) years is furnished. The instructor must have a motorcycle Safety Foundation certification as an instructor." Section 2. Amend 52703(b), Chapter 27, Title 21 of the Delaware Code by striking said subsection (h) in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: "(b) The initial fee for the authorization or endorsement as specified in subsection (a) of this section shall be $5. For each subsequent renewal of an authorization or endorsement the fee shall be $5. (c) Of each of the initial fees for authorization or endorsement collected pursuant to subsection (b) of this section the sum of $2 is appropriated to the Department of Public Safety and shall be placed in a special account to be used only for expenses incurred in the administration of the Motorcycle Rider Education Program. For each fee collected for subsequent renewals pursuant to subsection (b) of this section, the total of such renewal fee shall also be appropriated to the Department of Public Safety to be placed in said special account." Section 3. Amend 52151(1), Chapter 21, Title 21 of the Delaware Code by striking the numeral "6" as It appears therein and substituting in lieu thereof the numeral "10". Section 4. Amend 52151, Chapter 21 of the Delaware Code by adding thereto a new paragraph (7) to read as follows: "(7) Of each of the motorcycle registration fees collected pursuant to subsection (1) of this section the sum of $4 is appropriated to the Department of Public Safety and shall be placed in a special account to be used only for the expenses incurred in the administration of the Motorcycle Rider Education Program and improved motorcycle licensing procedures." Section 5. (a) To become eligible for reimbursement under this act the state assisted or private instructional service shall apply to the Department for approval of its courses in motorcycle rider education prior to the start of the period for which the reimbursement is sought. The Department will approve courses which meet the requirements of this Act. Starting July 1, 1986, and on July 1 of each year thereafter, the balance of the special account for the Motorcycle Rider Education Program, after the administrative expenses have been deducted, shall be apportioned to teaching an approved motorcycle rider education course. Such apportionment shall be made on the basis of application and certification by the State assisted or private instructional service. The State assisted or private instructional service with the approval of the Department, may charge each student a tuition fee to be set by the state assisted or private instructional service. Approved June 27, 1985. 24 CHAPTER 28 FORMERLY SENATE BILL NO. 152 AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO CHANGING COMPENSATION FOR THE MAYOR AND MEMBERS OF COUNCIL FROM SALARY TO REIMBURSEMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all members elected to each House thereof concurring therein): Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking Section 12 in its entirety and Inserting a new Section 12 to read as follows: "REIMBURSEMENT OF MAYOR AND COUNCIL AND ELECTION BOARD; REIMBURSEMENT OF EXPENSES. The Mayor and each member of Council shall be reimbursed for expenses the sum of Ten Dollars ($10.00) for each regular or special meeting of the City Council which he or she attends. Any member of the City Council sitting to hear appeals from the municipal assessment shall be reimbursed for expenses the sum of Ten Dollars ($10.00) and each member of the Election Board shall be reimbursed for expenses in such amount as the Council shall determine. The Mayor and members of the City Council shall be reimbursed for an other expenses incurred in the execution of their officials duties." Approved June 26, 1985. CHAPTER 29 FORMERLY HOUSE BILL NO. 81 AN ACT TO AMEND CHAPTER 23, TITLE 30, DELAWARE CODE RELATING TO OCCUPATIONS REQUIRING LICENSES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend $2301(25), Chapter 23, Title 30, Delaware Code by striking the word "Drayman" wherever it appears in 52301(25) and substituting in lieu thereof the word "Drayperson". Section 2. Amend $2301(30), Chapter 23, Title 30, Delaware Code by striking the word "repairman" wherever it appears in $2301(3) and substituting in lieu thereof the word "repairperson". Section 3. Amend $2301(44), Chapter 23, Title 30, Delaware Code by striking the word "serviceman" wherever it appears In 52301(44) and substituting in lieu thereof the word "serviceperson". Section 4. Amend 52301(65), Chapter 23, Title 30, Delaware Code by striking the word "salesman" wherever it appears in 32301(65) and substituting in lieu thereof the word "salesperson". Section 5. Amend $2301(71), Chapter 23, Title 30, Delaware Code by striking the word "Showman" wherever it appears in 92301(70) and substituting in lieu thereof the word "Showperson". Section 6. Amend 52301(85), Chapter 23, Title 30, Delaware Code by striking the word "Warehouseman" wherever it appears in $2301(84) and substituting in lieu thereof the word "Warehousepersoe" Approved June 26, 1985. 25 CHAPTER 30 FORMERLY HOUSE BILL NO. 105 AN ACT TO AMEND CHAPTERS 95 AND 96, TITLE 10 OF THE DELAWARE CODE RELATING TO THE JURISDICTIONAL AMOUNT OF JUSTICE OF THE PEACE COURT CIVIL ACTIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 9536, Chapter 95, Title 10 of the Delaware Code by striking the figure "81,500" where found in said Section and substituting, in lieu thereof, the figure "$2,500". Section 2. Amend Section 9573, Chapter 95, Title 10 of the Delaware Code by striking the figure "$1,500" where found In said Section and substituting, in lieu thereof, the figure "$2,500". Section 3. Amend Section 9583, Chapter 95, Title 10 of the Delaware Code by striking the figure "$1,500" where found in said Section and substituting, in lieu thereof, the figure "$2,500". Section 4. Amend Section 9615, Chapter 96, Title 10 of the Delaware Code by striking the figure "81,500" where found in said Section and substituting, in lieu thereof, the figure "82,500". Approved June 26, 1985. CHAPTER 31 FORMERLY HOUSE BILL NO. 127 AN ACT TO AMEND SUBCHAPTER III, CHAPTER 96, TITLE 10 OF THE DELAWARE CODE TO ALLOW SERVICE OF A SUMMONS WITH ACCOMPANYING PAPERS IN A JUSTICE OF THE PEACE COURT TRESPASS ACTION TO INCLUDE SERVICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Subsection (a) of Section 9611, Chapter 96, Title 10 of the Delaware Code by adding an additional sentence to the end of said subsection to read as follows: "Service of a summons in an action under this subchapter shall be the same as with service of a summons in an action under subchapter U of chapter 95 of title 10 of the Delaware Code." Approved June 26, 1985. 26 CHAPTER 32 FORMERLY HOUSE BILL NO. 149 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 25, SECTION 2118 OF THE DELAWARE CODE RELATING TO MORTGAGES SECURING OPTIONAL FUTURE ADVANCES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 21, Title 25, §2118 of the Delaware Code by deletion of the phrase" as are made within 5 years from the date thereof" from the first sentence of subsection (a). Section 2. Amend §2118(b), Chapter 21, Title 25 of the Delaware Code by striking subsection (b) in its entirety and by redesignating subsections (c) (d) as subsections (b) and (c) respectively. Approved June 26, 1985. CHAPTER 33 FORMERLY HOUSE BILL NO. 236 AN ACT TO AMEND CHAPTER 197, VOLUME 54. LAWS OF DELAWARE, AS AMENDED, RELATING TO THE CITY OF REHOBOTH BEACH; AND PERMITTING CONTRIBUTIONS FROM THE COMMISSIONERS TO VOLUNTEER COMPANIES AND ASSOCIATIONS. BE rr ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all members elected to each House thereof concurring therein): Section I. Amend Subsection a., Section 29, Chapter 197, Volume 54, Laws of Delaware, u amended, by striking paragraph 28., and substituting in lieu thereof the following: "28. To provide for the organization of a fire department and the control and government thereof; to establish fire limits and do all things necessary for the prevention or extinguishment of fires; and, in their discretion, to contribute, donate or give such amounts of money as they may deem appropriate unto any Volunteer Fire Company or Companies incorporated under the laws of Delaware, or any Volunteer Fire Association or Associations maintaining and operating fire fighting equipment and service to the City; provided that any such contribution, donation or gift may be made subject to such conditions and stipulations as to the use thereof as The Conunissioners shall deem advisable." Approved June 26, 1985. CHAPTER 34 FORMERLY HOUSE BILL NO. 237 AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE CITY OF REHOBOTH BEACH; AND PROVIDING THE COMMISSIONERS WITH TRE DISCRETIONARY POWER TO SUBJECT ORDINANCES TO A REFERENDUM. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all members elected to each House thereof concurring therein): Section I. Amend Section 41A, Chapter 197, Volume 54, Laws of Delaware, as amended, by adding thereto a new subsection, designated as Subsection q., which new subsection shall read as follows: "q. The Commissioners of Rehoboth Beach may. in their sole discretion, elect to adopt an ordinance subject to a referendum. In such event the Commissioners of Rehoboth Beach shall, at the same time such ordinance is adopted, pass a resolution subjecting such ordinance to a referendum. Upon the passage of a resolution subjecting the ordinance to a referendum, such ordinance shall be suspended from taking effect until 30 days after it is approved at a referendum. The referendum shall be held on the date of the annual municipal election, and shall be considered a part of that election. The referendum shall be held and conducted and the results accepted according to the provisions of Section 41A, Subsections k., I., m., n., o. and p. of the Charter of the City of Rehoboth Beach, Delaware. If a majority of the residents and property owners voting on the referred ordinance vote against such ordinance, it shall be considered repealed upon the certification by the Board of election. No ordinance which has been repealed as the result of a referendum shall be passed again in the same form by the Commissioners of Rehoboth Beach within a period a period of six (6) months from the date of the referendum. Nothing contained herein shall operate so as to require the Commissioners of Rehoboth Beach to exercise their discretion to submit any ordinance to a referendum; and nothing contained herein shall operate to restrict the right of the residents and property owners of the City of Rehoboth Beach to initiate a referendum pursuant to Section 41A, Subsections a. through j. However, the decision of the Commissioners to submit an ordinance to a referendum shall, in the case of such ordinance, constitute the only referendum to which such ordinance shall be subjected; and there shall be no right to subject such ordinance to an additional or second referendum pursuant to 41A, Subsections a. through j." Approved June 26, 1985. CHAPTER 35 FORMERLY SENATE BILL NO. 19 AN ACT TO AMEND CHAPTER 49, PART III. TITLE 10 OF THE DELAWARE CODE RELATING TO COURTS AND JUDICIAL PROCEDURES; AND PROVIDING FOR CERTAIN EXEMPTIONS FROM EXECUTION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 54903, Chapter 49, Part ill. Title 10 of the Delaware Code by striking the first Iwo sentences of said section, and substituting in lieu thereof the following: "Every person residing in this State, and being the head of a family, shall have exempt from execution or attachment process, in addition to the exemptions in 54902 of this Title, other personal property not exceeding five hundred dollars ($500.00), the articles to be selected by the debtor." Section 2. Amend 54903, Chapter 49, Part III. Title 10 of the Delaware Code by striking the last paragraph of said section. Approved June 28, 1985. 27 28 CHAPTER 36 FORMERLY SENATE BILL NO. 20 AN ACT AMENDING CHAPTER 52, TITLE 30 OF THE DELAWARE CODE BY INCREASING THE VICTIMS COMPENSATION TAX ASSESSMENT FOR VIOLATIONS OF THE MOTOR CARRIER VEHICLE MARKER REGULATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 52, Title 30 of the Delaware Code by striking paragraph (d) of Section 5211 in its entirety and substituting in lieu thereof the following: "(d) In addition to, and at the same time as, any fine is assessed under this chapter, there shall also be levied an additional victims compensation tax surcharge in the amount of 15% of the fine Imposed. This surcharge shall be payable in the same manner as set forth in subsection (c) of this section." Approved June 28, 1985. CHAPTER 37 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 185 AN ACT TO AMEND CHAPTER 31, TITLE 21 OF THE DELAWARE CODE RELATING TO NONDRIVER IDENTIFICATION CARDS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fifths of all the members of each House concurring therein): Section 1. Amend §3101, Chapter 31, Title 21 of the Delaware Code by striking the phrase "over the age of 18 years" as it appears therein. Section 2. Amend §3103 (a), Chapter 31, Title 21 of the Delaware Code by striking the words "of $3" before the word "the" and after the word "fee" as they appear therein and substituting in lieu thereof the words "of $5". Section 3. Amend §3103 (c), Chapter 31, Title 21 of the Delaware Code by striking subsection (c) in its entirety and substituting in lieu thereof the following: "(c) No identification card shall be issued pursuant to subsection (a) of this Section to any nonresident of the State." Approved July I. 1985. 29 CHAPTER 38 FORMERLY HOUSE BILL NO. 34 AN ACT TO AMEND CHAPTER 1, SUBCHAPTER IL OF TITLE 17 OF THE DELAWARE CODE RELATING TO NOTARIES PUBLIC. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 17, Chapter 1, Section 113 by adding an additional sentence at the end of the paragraph to read: "The Governor may appoint additional employees of the Department as notaries public as may be deemed necessary, to which the requirements of this section shall apply." Approved June 28, 1985. CHAPTER 39 FORMERLY SENATE BILL NO. 7 AN ACT TO AMEND CHAPTER 111, TITLE 29, DELAWARE CODE, RELATING TO THE DELMARVA ADVISORY COUNCIL. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend $11102, Title 29, Delaware Code, by striking subsection "(b)" thereof and by inserting in lieu thereof the following: "(b) The membership of the Council shall consist of: 15 members, 5 approved by the Governor of Maryland, 5 by the Governor of Delaware, and 5 by the Governor of Virginia; With the approval of the three Governors, such other members from county and municipal governments and the private sector as may be established from time to time in the by-laws of the Council." Section 2. Amend 511102(d), Title 29, Delaware Code, by striking the word "shall" as it appears Immediately after the word "each" and by substituting the word "may" in lieu thereof. Section 3. Amend 911104(d), Title 29, Delaware Code, by inserting the words "of the cognizant state agencies" between the word "Secretaries" and the comma "" which follows it. Section 4. Amend 111104(e) Title 29, Delaware Code, by striking the semi-colon ":" u it appears after the word "Governors" and by inserting In lieu thereof the following: "or the Secretaries of the cognizant state agencies:" Section 5. Amend S11105, Title 29, Delaware Code, by striking subsections (b) and (c) thereof and substituting in lieu thereof the following: "(b) The Council, subject to the approval of the States, shall employ such professional and clerical personnel and consultants as are necessary to perform the duties assigned by this chapter. (c) Notwithstanding any other provision of law, the Delmarva Advisory Council shall receive annual funding by appropriation in the Delaware State budget. The Delaware Development Office shall include a budget request for the Delmarva Advisory Council with its annual budget request. In addition, receipt of any funds from Delaware is contingent upon the annual receipt of funds from the States of Maryland and Virginia." Approved June 28, 1985. 41 36 CHAPTER 40 FORMERLY SENATE BILL NO. 22 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 95, PART VII, TITLE 10 OF THE DELAWARE CODE RELATING TO COURTS AND JUDICIAL PROCEDURE; AND PROVIDING FOR THE USE OF CASH AS SECURITY ON APPEAL BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend $9571, Chapter 95, Part VII, Title 10 of the Delaware Code by adding thereto the following new subsections: "(e) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien of the judgment appealed from and costs, interest thereon, and the costs of the appeal." Section 2. Amend $9572, Chapter 95, Part VU, Title 10 of the Delaware Code by striking the title of said section, and substituting in lieu thereof the following: "$9572. Bond With Surety; Form" Section 3. Amend $9572, Chapter 95, Part VII, Title 10 of the Delaware Code by striking the ninth word ("appeal") of subsection (a), and substituting the words "appeal with surety bond" in lieu thereof. Section 4. Amend $9572, Chapter 95, Part VII, Title 10 of the Delaware Code by striking the words "The entry" as the same appear In subsection (b), and substituting the words "Where a bond with surety is used as security on the appeal, the entry" in lieu thereof. Approved June 28, 1985. CHAPTER 41 FORMERLY SENATE BILL NO. 50 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 14. DELAWARE CODE, TO PROVIDE TUITION-FREE HIGHER EDUCATION FOR PERSONS AGE 60 OR OLDER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 34, Title 14, Delaware Code by adding thereto a new Subchapter HI to read as follows: "SUBCHAPTER M. Higher Education for Senior Citizens. 53421. Fees. The Boards of Trustees of the University of Delaware, Delaware State College, and Delaware Technical and Community College are hereby authorized and directed to establish, by not later than the Fall quarter of 1986, a program whereby citizens of this State who are 60 years of age or older, and who are formal degree candidates, may attend classes for credit or audit without payment of application, course registration, or other related fees. Persons enrolled in such program shall be required to pay the cost of all books, supplies, laboratory fees, and shop fees. 3422. Limitations. The privilege authorized by this Subchapter may be granted only on a space available basis if such classes are not filled as of the close of registration. The institutions listed in this Subchapter may limit or deny the privilege for courses which are in programs for which a selective admissions criteria has been established." Approved June 28, 1985. CHAPTER 42 FORMERLY SENATE BILL NO. 70 AN ACT TO AMEND SECTION 3909, TITLE 25, AND SECTION 5102, TITLE 10, DELAWARE CODE, RELATING TO THE JURISDICTION OF JUSTICE OF THE PEACE COURT NO. 5 IN MILFORD. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend 83909, Title 25, Delaware Code, by adding the following language to the beginning of said section as follows: "Except where a lien holder's business establishment is located within the city limits of Milford, or within 3 miles of said limits, in which case Justice of the Peace Court No. 5 In Milford shall have exclusive Jurlsdiction". Section 2. Amend 85102, Title 10, Delaware Code, by striking the number "2" therein and substituting the number "3". Approved June 28, 1985. 31 32 CHAPTER 43 FORMERLY SENATE BILL NO. 127 AN ACT TO AMEND CHAPTER 47, TITLE 29, DELAWARE CODE, RELATING TO CORNEAL TRANSPLANTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Chapter 47, Title 29, Delaware Code, is hereby amended by striking §4711 thereof, and by substituting In lieu thereof the following: "§4711. Authority to Provide Corneas to Eye Hanks (a) Upon request of an approved eye bank on behalf of a patient In need of corneal tissue for a transplant, a Medical Examiner is authorized to provide the cornea under the following conditions: a decendent who may provide a suitable cornea for transplant is under the Jurisdiction of the Medical Examiner; an autopsy will be required; no objection by the decadent or next of. kin is known by the Medical Examiner prior to the removal of the cornea by a representative of an approved eye bank; and removal of the cornea for transplant will not interfere with the subsequent course of a post. mortem examination or alter the post- mortcm facial appearance. (b) For the purposes of this section, the following terms shall have the following meanings: (1) 'approved eye bank'. Includes the Medical Eye Bank of Delaware and the Eye Foundation of Delaware Valley; (2) 'Next- of kin' means: a spouse: if no spouse, the decedents adult children; if no spouse or adult children, the decedents parents; if no spouse, adult children or parents, the person who is legally entitled to claim the decedent's remains for final disposition. (3) The Medical Examiner or an approved eye bank while acting in compliance with this section, shall not be liable to the next of kin of a decedent, whose corneal tissue is removed and donated pursuant to this section, for any civil damages." Approved June 28, 1985. CHAPTER 44 FORMERLY SENATE BILL NO. 133 AN ACT TO AMEND CHAPTER 33. TITLE 19, DELAWARE CODE, RELATING TO UNEMPLOYMENT COMPENSATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §3302, Subsection 10. subdivision (k), Chapter 33, Title 19, Delaware Code, by striking the phrase "under the age of 22" as the same appears in said section. Approved June 28,1985. 33 CHAPTER 45 FORMERLY SENATE BILL NO. 145 AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three fifths of all members elected to each House thereof concurring therein): Section 1. Amend Title 19, Delaware Code, by striking existing 93302(18) (A) thereof in its entirety and by substituting in Its place a new §3302(18) (A) to read as follows: "(A) For the purpose of §3345 and §3348 of this title: (i) After December 31, 1982, that part of the remuneration which, after remuneration equal to $7,200 with respect to employment during any calendar year, Is paid to an individual by an employer or his predecessor during such calendar year; or (LI) After December 31, 1983, that part of the remuneration which, after remuneration equal to $8,000 (or such greater amount as may be specified as the taxable wage base In the Federal Unemployment Tax Act) with respect to employment during any calendar year, is paid to an Individual by an employer or his predecessor during such calendar year; or After December 31, 1985, that part of the remuneration which, after remuneration equal to $8,250 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act) with respect to employment during any calendar year, Is paid to an individual by an employer or his predecessor during such calendar year; or After December 31, 1986, that part of the remuneration which, after remuneration equal to $8,500 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act) with respect to employment during any calendar year, is paid to an individual by an employer or his predecessor during such calendar year. For the purpose of this paragraph, the term "employment" shall include service constituting employment under any unemployment compensation law of another state." Section 2. Amend Title 19, Delaware Code, by striking existing 53313(b) thereof in its entirety and by substituting in its place a new §33I3(b) to read as follows: "(b) An individual's weekly benefit amount, for claims filed for weeks of unemployment beginning July I, 1983, shall be an amount equal to 1178 of his total wages for employment by employers paid during the 3 quarters of the indlvidual's base period In which such wages were highest. if such weekly benefit amount Is not an even dollar amount, it shall be rounded down to the next whole dollar. The amount shall not be less than $20 nor more than 66 2/3 percent of the statewide average weekly wage as defined In subdivision (21) of §3302 of this title; however, For the period beginning July I, 1983, and ending June 30, 1985, the amount shall not be less than $20 nor more than $165. For the period beginning July 1, 1985, and ending June 30, 1986, the amount shall not be less than $20 nor more than $195. For the period beginning July I, 1986, and ending June 30, 1987, the amount shall not be less than $20 nor more than $205." Computations for each increase in the maximum weal* benefit amount shall commence with new claims flied to establish a benefit year commencing on or after the effective date of such increase." Section 3. Amend Title 19, Delaware Code, by striking §3350(5) thereof in its entirety and by substituting in its place a new §3350(5) to read as follows: 34 :0,00M.M.0000MM.. :00000...0m00014000..MMO ......... 0 WWWWWWW M OOOOOOOOOOOO ...........................................e...... Chapter 45 a 2 . 00. OOOOOOOOO 4 ................ r O : 8 o ................... 1 a I- '''.999'*.r":911 °'.';'1............... .'6......... g -.., : 5 5 . . :,.......... ...... ....,.. u 0t7. 42.7.2''' 3 VI ' I a j . 5 . . 2"""^'^".^^-'771119°. 1".1't't1 5 g V"g a UI g, r. r.oNNoNweINO ......... NON ............... gONOONOOONNNONONONO ....... 0.....,000n00.0vM00,0nW OOONOONO914:00NOMOONN ...... OVNONONONNNoo ..... 4 :0,00,.O07.00,0W .............. 0r.V.M.vM00,0mM000,Nwmn gg.;.4gAgg:.;Aa.44.4.44.4.4c;z4.4;,;.;.;4ggggga,i,;;a4.; ................... .. .....000. A4' 000000.00Ww-CM,CO ..... 00 .......... 4 N - 'CrOOmMec.0 ......... .000.0.40N ................ g ° 4 Chapter 45 35 ..... ........ 2 r 4 I- 1 ........ 6 ' c0^00^.0nn ..... ..... ..... ..... 4 r .O- i;c:OgdOe: 6 . . .":"; - sS 000000^,000000^w0,0 ........ ....... -00.0orv, ccO0s3COrve ...... se t ................ oN, 36 1^ - :000nnO ,,,,,,, Mmr00 ........ --- : "0-i1.-,1 "'-V,r.1.-1r7.1o9r1w1r'.r1-'d:-r:1:.'.A""A ..4 4AA44.:AA""' el 2 2 gC0000000,00,,,0PO.0 ........... 0/............../ W : 8 ..,.... g ..; '.1'.1979119111911111"1"11.1":111'1'""'"c"""-""'" E 1 " c,.,0.0... ..... OPW.0,...M.............' g g 2 3 VO-0000.. ...... C..0.0 . . . 0., N63. .nr .. ...v...., , .0.. .., evry..... ...00P [I, 0% ....... r .. n . n n 2 .. : 2 !".00-,...-,..,...w. ........... ..... c.,,. 15 g 00.0.,000 ...... ......... 0.0 . ........... ............... - :0000Cn00. g . g . ........ oev".04ry. . NW Chapter 45 goOraoranorrOmowrror 00000000000 no,..n..0.,rn Chapter 45 37 go.,ror.o,woomro ..... N .............. 0 WWWWW 0 WWWWWWW OMa. 0.,:ned.:40:40gN400gV;40;44.40.444.4;4444.::8047000P 4 ec:c;e.,;OeeAeA..c..i..;.4..4.O...:4..4..4...... *.*.*.*.*..*.*.*.* 001.0C.AmN0f.nroW..,WV...P.N ......... Iseinn0 ...... Inn.nwe40e.lw. g r V ac onoznrin...ownw.ho... 1.0NOOWV14 5) I. : 2 00 00000,m00.0W..0*NOP.0 ....... 4.1 IV Ve N . 4 COr00^MC ....... NOVI4000m ....... NOn0WftponOr.0 ..... NOw 20 ol N a .. ... ... ...... .. . .. . 6 - g000poCaNne ........ ....... jt:1! :0,,sorOw0 ..... co.mm 38 a a 7 :op.ognoomoor-o^oe... 0 g 0t1.0 rsZt:_ 3 u 7 CC6COM.04COm.0 . 6 6 g0C4,. " " " " " ' " " Chapter 45 '1 9 gC C 0M...16CVNI ,,,,, oornoo.00rmr . Chapter 45 MMMMMMM goroo,...owoot.mwm.owoo.. ........ omwo.....owm ..... Oe., 4;f44a.A.;-:.;44.444g.444Ow::g..;.44g4.:-:44gr:1,aav:v;444g.: 997.1179°:97.1.:°:11111.".9.:9111c."":'. V ......... o ............ ...... : 00971977117:1'":"..177°.nm.9 1 ! 1 0..0...90.,.0...0 ..... ow.e.o.....,,o .............. 04.NMONMWn... 1 : :7: CC,00%;C:.:40;gPagOgNe44440:gaa;4444.4.4PPPPg4q;jaaa444ggg,:4 U .; L .................... ..... ...... Wr g 5 . 2 a . 39 40 .................. ............... gOOCCOVO,017,00f.COM,..0.OPW,MO.P.0 ....... ylpirs0112..,e10.,00 . te,f4 .................. ..... ...... ................ .. 7 ....... ..... ..... OMMOOM V g 2 - E V . gCP ...... OftW...0.0www, ...... .0,0NOW ........ ..... ...... 0 ............... 00440ON00 r g .....0 0 V..$.'P..00.............. .cccc . ,...;....;.;,4d.;.;;dewOrvOn ....44.-.0412,WOwymft0000000..ONN.V.V "'-'""':''"'.***..'..........:.4..; r.y;0ep..00. .g..r...:.g ... ;j.M...t.4.N...4.4..4. 40,0 C - Zw4 Chapter 45 c Chapter 45 41 "(5) The basic assessment rate for each employer for the current calendar year shall be determined prior to the due date of the first basic assessment for such year in accordance with the following table: If the employer's benefit wage ratio exceeds the percentage in the last column of the table opposite the State Experience Factor, his basic contribution rate shall be 8%." Section 4. Amend g3350, Title 19 of the Delaware Code by striking the brackets and the word "Repealed" after subsection heading "(7)" and substituting a new paragraph to read as follows: "Notwithstanding any inconsistent provisions of this chapter, If after the last day of any claimant's benefit year but within the 30 days next following thereafter, an employer for whom benefit wage charges were made as a consequence of such claimant's receipt of benefits files a written notice in such manner as the Department shall prescribe, stating that he had reemployed such claimant within the claimant's benefit year, and the Department finds that such employee received in benefits a total amount aggregating not more than 25 percent of the maximum benefit payments to which he was entitled within such benefit year because of such reemployment, the employer's benefit wage record shall be credited with 75 percent of the benefit wages previously charged against him relating to such claimant's previous employment; or if the Department finds that such employee received in benefits an amount aggregating more than 25 percent but not more than 50 percent of the maximum benefits to which he was entitled within such benefit year because of such reemployment, the employer's benefit wage record shall be credited with 50 percent of the benefit wages previously charged against him relating to such claimant's previous employment: or if the Department finds that such employee received in benefits a total amount aggregating more than 50 percent but not more than 75 percent of the maximum benefits to which he was entitled within such benefit year because of such reemployment, the employer's benefit wage record shall be credited with 25 percent of the benefit wages previously charged against him relating to such claimant's previous employment. In computing an employer's assessment rate for any calendar year, credits may be used only in connection with rehires of claimants whose benefit years ended no later than June 30 of the calendar year immediately preceding. Employer 'rehire credits' as defined above shall not be used In the calculation of the 'State Experience Factor' as determined in accordance with 33350(4) of this Title." Section 5. Amend ;3401 of Chapter 34 of Title 19, Delaware Code by striking existing subsections (b) and (c) in their entirety. Further amend g3401 by designating existing subsection (d) as a new subsection (b). Section 6. The provisions of Section 3 shall be effective July I, 1985 for taxes due on taxable wages paid in the year commencing January I, 1986. Section 7. The provisions of Section 4 shall be effective My I, 1985 as they affect the computation of an employer's assessment rate for any calendar year beginning after December 31, 1985. Section 8. The provisions of Section 5 shall be effective with assessments due for the calendar quarter ending December 31, 1985. Approved June 28, 1985. 4 2 CHAPTER 46 FORMERLY SENATE BILL NO. 169 AN ACT TO AMEND TITLE 21, 54401(b) DELAWARE CODE, RELATING TO ABANDONED VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 21, 54401(b) Delaware Code, by inserting after the word "wrecked" as it appears therein the following: ", or which display expired registration plates which are at least 30 days expired, or which display no registration plates". Approved June 28, 1985. CHAPTER 47 FORMERLY SENATE BILL NO. 184 AN ACT TO AMEND CHAPTER 63, TITLE 7, DELAWARE CODE, ESTABLISHING A REVOLVING FUND FOR THE REVENUES AND THE INITIAL FUNDING OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL; AND TO TRANSFER FUNDS FROM THE BUDGET OFFICE CONTINGENCY (10-02. 004) (SALARIES & OEC) TO THE DEPARTMENT MANAGEMENT BUDGET UNIT (40-01 001), FOR THE PURPOSE OF PROVIDING START. UP FUNDS FOR THE HAZARDOUS WASTE/GROUND WATER CLEAN UP REVOLVING FUND. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend 56308, Chapter 63, Title 7, Delaware Code by adding a new paragraph (5) as follows: "(5)(a) A Hazardous Waste/Ground Water Cleanup Revolving Fund is hereby established for the purpose of providing the funds to expeditiously undertake the investigation of and conduct necessary remedial measures to mitigate instances of ground water contamination or accidents which may pose a significant threat to human health and/or the environment. All revenues recovered under 56308 shall be retained by the Department of Natural Resources and Environmental Control and placed In the Hazardous Water/Ground Water Cleanup Revolving Fund. Expenditures from this fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act. In the event that the revolving fund Is expended and the Department requires additional funding to address hazardous waste/ground water contamination Incidents which may pose significant threats to human health and/or the environment, the Secretary may petition the Secretary of Public Safety for additional funds under Title 29, 58232 (Hazardous Substance Spill Clean up). The Secretary of the Department of Natural Resources and Environmental Control must report annually to the Governor and the General Assembly on or before July lit all expenditures from this fund, receipts collected, on going litigation, and its current balance. The General Fund start up monies shall be a continuing appropriation until June 30, 1990. The Department may request additional funding for this purpose during the normal budgetary process when they project that the initial balance cannot be maintained due to protracted litigations." Section 2. The Budget Dirctor and the Controller General are hereby authorized and directed to transfer the sum of $300,000 from the Budget Office Contingency (l0 02-004) (Salaries & OEC) to the Department of Natural Resources and Environmental Control, Department Management Budget Unit (40-01 001) Hazardous Waste/Ground Water Clean up Revolving Fund. They are further directed to approve the mechanism, procedures and conditions by which the fund may be supplemented by the Department of Public Safety in the event of insufficient funds to remediate a hazardous substance Incident. Approved June 28, 1985. 43 CHAPTER 48 FORMERLY SENATE BILL NO. 210 AS AMENDED BY SENATE AMENDMENT NO. I AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO MISSING PERSONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Subchapter II (§8527 through §8530), Chapter 85, Part V. Title 11 of the Delaware Code by re. designating said subchapter as new Subchapter III (§8541 through ;8544). Section 2. Amend Chapter 85, Part V. Title 11 of the Delaware Code by adding thereto a new subchapter, designated as Subchapter 11 which new subchapter shall read as follows: "SUBCHAPTER II. MISSING PERSONS §8531. Definitions The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 'Complaint' shall mean any report, notification or information given to a law enforcement officer that a person is missing or cannot, with reasonable care, be located; 'Missing person' shall mean a person who is mining, and who also meets one of the following characteristics: (I) such person is physically or mentally disabled; such person was, or is, in the company of another person under circumstances indicating that the missing person's safety may be in danger; such person is missing under circumstances indicating that the disappearance was not voluntary; such person is an unemancipated minor. (b) 'Unemancipated minor' shall mean a minor who has not married, and who resides with a parent or other legal guardian. 8532. Missing Persons; Original Complaint A missing person complaint may be made to any county, town, city or state law enforcement agency or any other appropriate state agency. Such complaint shall state the age of the missing person. When an agency has received a missing person complaint, such agency shall immediately disseminate all known facts concerning the missing person to all county and state law enforcement agencies, and to any other law enforcement agency which may be appropriate. A new missing person complaint shall have high priority. 58533. Minim Persons; Law Enforcement Reports (a) The law enforcement agency which has primary Jurisdiction in the area from which a missing person complaint has been filed shall prepare, as soon as practicable, a report on the missing person. Such report shall include, but is not limited to, the following: (I) all information contained in the original complaint; all information or evidence gathered by the preliminary Investigation, if one was made; a statement, by the law enforcement officer in charge, setting forth that officer's assessment of the case, based upon all evidence and information received; any additional, supplemental or unusual information which the agency feels may be of Importance In locating the missing person. 88534. Dissemination of the Missing Person Report Upon completion of the Missing Person Report, the law enforcement agency shall send a copy of the 44 Chapter 48 report to: each law enforcement officer having Jurisdiction over the location in which the missing person Lives, or was last seen: each State agency which the reporting law enforcement agency considers to be potentially involved, and each private agency known to the law enforcement which has, as at part of its functions, the searching for or location of missing persons; each State agency which the nearest relative to the missing person, or the complainant of no relative is located, requests that the report be sent to; provided however, that the forwarding of any report under the provisions of this section shall be at the discretion of the law enforcement agency. Each law enforcement agency which requests a copy of the Missing Person Report. $8535. Unemancipated Minors If a report of a missing person involves an unemancipated minor, the law enforcement agency shall Immediately transmit all proper information for inclusion into the National Crime Information Center (N.C.I.C.) computer. If a report of a missing person involves an unemancipated minor, the law enforcement agency shall not prevent an immediate active investigation on the basis of any agency rule which specifies an utomatic time limitation for a missing person investigation. $8536. Missing Persons; Dental Records Each law enforcement agency shall be provided with dental authorization forms, promulgated by the Attorney General, which when signed by a parent or guardian of a minor shall permit release of dental records to law enforcement authorities. Where the Missing Person Complaint indicates that the missing person is under eighteen years of age, a properly executed dental authorization shall be taken to the family dentist and any other dentist which has records which would assist in identification of the missing person. Such dental identification shall be disseminated to the Medical Examiner and all other appropriate state agencies. S8537. Unidentified Deceased Persons It shall be the duty of every law enforcement agency to: acquire, collect, classify, and preserve any information which would assist in the identification of any deceased Individual who has not been identified after the discovery of such deceased individual; acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry to the parent, legal guardian, or next of-kin of such person; and the agency shall acquire, collect, classify, and preserve such information as it deems necessary from each such parent, guardian or next of-kin; and exchange such records and information as are provided for in this section with other law enforcement agencies of this State, of any other State, or of the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies. $8538. Unidentified Deceased Persons; Fingerprints The Medical Examiner shall promptly furnish the Department of Public Safety with copies of the fingerprints of each unidentified deceased person. The copies of such fingerprints shall be on standardized cards, and shall be accompanied by descriptions and other identifying data, including any available information concerning the date and place of death. In any instance where it is not physically possible to furnish prints of all ten fingers, the prints or partial prints of any fingers, together with Identifying data shall be forwarded by the Medical Examiner to the Department." Approved June 28, 1985. 45 CHAPTER 49 FORMERLY HOUSE BILL NO. 41 AN ACT TO AMEND CHAPTER 35, TITLE 10, DELAWARE CODE, RELATING TO ATTACHMENTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 83502, Chapter 35, Title 10, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following: "83502. Corporations Subject to Attachment and Garnishment All corporations doing business in this State, except as specified in subsections (b) and (c) of this section are subject to the operations of the attachment laws of this State, as provided in case of Individuals. A corporation shall be liable to be summoned as garnishee. Banks, savings institutions and loan associations, except only as to a wage attachment against the wages of an employee of the bank, savings institution or loan association, shall not be subject to the operations of the attachment laws of this State. Insurance companies, except as to (1) monies due in consequence of the happening of the risk provided for in the policy of insurance; or (2) a wage attachment against the wages of an employee of the insurance company, shall not be liable to attachment. Approved June 28, 1985. CHAPTER 50 FORMERLY HOUSE BILL NO. 82 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS; AND INCLUDING CERTAIN PRODUCTS WITHIN THE JURISDICTION OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION. BE rr ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Three- fifths of all the members elected to each House thereof concurring therein) Section 1. Amend 8101, Chapter 1, Title 4 of the Delaware Code by adding, at the end of Subsection (2), the following: "A concentrated alcoholic beverage shall be an 'alcoholic liquor' for purposes of this Title." Section 2. Amend POI, Chapter 1, Title 4 of the Delaware Code by re- designating present Subsection (9) as new subsection (10), and by re- designating each succeeding subsection accordingly. Section 3. Amend 8101, Chapter 1, Title 4 of the Delaware Code by adding thereto a new subsection, designated as Subsection (9), which new subsection shall read as follows: "(9) 'Concentrated alcoholic beverage' shall mean any powders or crystals, liquid or any other substances which, after being mixed with sugar, water or any other non alcoholic materials, ferments or otherwise becomes a wine, beer or other alcoholic beverage." Section 4. Amend 8712, Chapter 7, Title 4 of Delaware Code by adding, at the end of said section, the following: "Notwithstanding any other provision In this Chapter or title, concentrated alcoholic beverages are not "home, manufactured wines" for purposes of this section, and all Commission regulations and tax requirements concerning home- manufactured wines shall not apply to concentrated alcoholic beverages." Section 5. Nothing in this Act shall be construed or interpreted as placing mouthwashes, cough medications, sedatives (or any other similar product not advertised for consumption as a wine or other alcoholic beverage) within the jurisdiction of the Alcoholic Beverage Control Commission." Approved June 28, 1985. 46 CHAPTER 51 FORMERLY SENATE BILL NO. 130 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND SUBCHAPTER I, CHAPTER 5, TITLE 10, DELAWARE CODE, RELATING TO THE SUPERIOR COURT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 509, Subchapter I, Chapter S. Title 10, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section 509 to read as follows: "5509. Additional Associate Judges There shall be eight Associate Judges in addition to the President Judge and the four Associate Judges specifically required by the provisions of Article IV, 52 of the Constitution." Section 2. Amend subchapter 1, Chapter 5, Title 10, Delaware Code, by adding a new Section 510 to read as follows: "5510. Consideration of Consolidation In order to address the long- range needs of the Superior Court, a Committee shall be designated by the Supreme Court to consider the consolidation of the Court of Common Picas, the Municipal Court for the City of Wilmington, and Family Court with the Superior Court." Section 3. The provisions of this Act shall become effective July I, 1985, and the Committee so designated pursuant to Section 2 of this Act shall report its findings and recommendations to the Governor and the General Assembly within one year of the effective date. Approved June 30, 1985. CHAPTER 52 FORMERLY SENATE BILL NO. 172 AN ACT TO AMEND CHAPTER 47. TITLE 16, DELAWARE CODE, TO CLOSE A LOOPHOLE WHICH PRECLUDES PROPER PROSECUTION OF SOME NARCOTICS VIOLATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend 54751(b), Title 16, Delaware Code, by redesignating the said Subsection (b) as Subsection (c) and inserting therein a new Subsection (b) to read as follows: "(b) Except as authorized by this chapter, any person who manufactures, delivers or possesses with the intent to manufacture or deliver a controlled substance or a counterfeit controlled substance classified in Schedule ill, IV or V which is a narcotic drug is guilty of a felony and shall be fined not less than $3,000 nor more than $15,000 and imprisoned not more than 15 years." Approved June 30, 1985. CHAPTER 53 FORMERLY SENATE BILL NO. 185 AN ACT TO AMEND CHAPTER 82, TITLE 29, DELAWARE CODE, ESTABLISHING A REVOLVING FUND FOR THE REVENUES AND THE INITIAL FUNDING OF THE DEPARTMENT OF PUBLIC SAFETY; AND TO TRANSFER FUNDS FROM THE BUDGET OFFICE CONTINGENCY (10-02-004) (SALARIES & OEC) TO THE ADMINISTRATION BUDGET UNIT (45-01-001) (HAZARDOUS SUBSTANCE SPILL CLEAN-UP) FOR THE PURPOSE OF PROVIDING START-UP FUNDS FOR THE HAZARDOUS SUBSTANCE SPILL CLEAN-UP REVOLVING FUND. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend $8232, Chapter 82, Title 29, Delaware Code by striking paragraph (b) and substituting thereof the following: A Hazardous Substance Spill Clean- up Revolving Fund is hereby established for the purpose of providing the funds to undertake the emergency clean-up and necessary remedial measures. The Department of Natural Resources and Environmental Control shall be responsible under Chapter 63, Title 7, Delaware Code for the assessment of any long term environmental impact and conducting the necessary remedial action." Section 2. Amend 58232, Chapter 82, Title 29, Delaware Code by striking paragraph (c) and substituting thereof, the following: All revenues recovered from the responsibility party shall be retained by the Department of Public Safety and placed in the Hazardous Substance Spill Clean-up Revolving Fund. Expenditures from the Fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act." Section 3, The General Fund start- up monies shall be a Continuing Appropriation until June 30, 1990. Section 4. The Budget Director and the Controller General are hereby authorized and directed to transfer the sum of $20,000 from the Budget Office Contingency (10-02-004) (Salaries & OEC) to the Department of Public Safety. Administration Budget Unit (45-01-001) Hazardous Substance Spill Clean-up Revolving Fund. Approved June 30, 1985. CHAPTER 54 FORMERLY SENATE BILL NO. 82 AN ACT TO AMEND TITLE 9, CHAPTER 70, SECTION 7004 OF THE DELAWARE CODE, RELATING TO THE PROCUREMENT OF SERVICES OR SUPPLIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Title 9, Chapter 70, Section 7004 (c), subparagraph of paragraph 17 is hereby amended by striking the figure "$2,500" where it appears and inserting in lieu thereof the figure "$5,000". Approved July I. 1985. 47 48 CHAPTER 55 FORMERLY SENATE BILL NO. 83 AN ACT TO AMEND TITLE 9, CHAPTER 70, SECTION 7002 OF THE DELAWARE CODE, RELATING TO SALARY AND EXPENSES OF THE COUNTY GOVERNMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Title 9, Chapter 70, Section 7002 (d) is hereby amended by striking the words and figures "by ordinance except that such annual salary shall not exceed $10,000." and inserting in lieu thereof "during the consideration and adoption of the annual operating budget ordinance." Approved July I. 1985. CHAPTER 56 FORMERLY SENATE BILL NO. 85 AN ACT TO AMEND SECTION 6109, TITLE 9, OF THE DELAWARE CODE ANNOTATED, AS IT RELATES TO GOVERNMENT OF SUSSEX COUNTY OPERATION OF COURTHOUSE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 9, Section 6109, by deleting the second paragraph as it now appears and substituting in lieu thereof the following: "AU contracts and engagements for the erection or repair of said buildings or for the purchase of equipment and supplies, where the probable amount shall be in excess of $5,000, shall be submitted to public bidding after due advertising and shall be awarded to the lowest responsible bidder, unless for reasons deemed expedient by the county government." Approved July 1, 1985. CHAPTER 57 FORMERLY SENATE BILL NO, 87 AN ACT TO AMEND SECTION 7007. TITLE 9, OF THE DELAWARE CODE ANNOTATED, AS IT RELATES TO SUSSEX COUNTY ADVISORY RETIREMENT BOARD. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Title 9, Section 7007, by deleting the last sentence of the first paragraph as it now appears and substituting therefore a new sentence to read as follows: "The members of the Board shall receive such compensation as fixed by the County Council of Sussex County." Approved July I. 1985. CHAPTER 58 FORMERLY SENATE BILL NO. 88 AN ACT TO AMEND TITLE 9, CHAPTER 68, 66804 OF THE DELAWARE CODE RELATING TO ORGANIZATION OF PLANNING AND ZONING COMMISSION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Title 9, Chapter 68, 66804 is hereby amended by striking said section in its entirety and Inserting in lieu thereof the following: "66804. Organization. power and duties At the first regularly scheduled meeting of the Commission in July of each year, the Commission shall convene and organize by selecting a Chairman. Before entering upon the duties of the office, each member shall take and subscribe the oath or affirmation prescribed by the Constitution. The Commission may create and fill such other offices in addition to Chairman as it may determine. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be a public record. Three voting members of the Commission shall constitute a quorum. The county government shall provide suitable and convenient office space for the use and occupancy of the Commission, and shall furnish and supply all necessary equipment for the office." Approved July 1, 1985. CHAPTER 59 FORMERLY SENATE BILL NO. 89 AN ACT TO AMEND TITLE 9, CHAPTER 86, 68604 OF THE DELAWARE CODE RELATING TO PENALTY FOR LATE PAYMENT OF TAXES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Title 9, Chapter 86, 68604(a), is hereby amended by striking said subsection in its entirety and inserting in lieu thereof the following: "(a) The receiver of taxes and county treasurer or director of finance of Kent and New Castle Counties shall, after the 30th day of September in the year In which the tax duplicate shall be delivered to them, add to taxes to be paid thereafter a penalty of 1 percent per month until the same shall be paid. In New Castle County, an additional penalty of 5% shall be added on after the 30th day of September on the taxes due for the current tax year. In Sussex County, the director of finance shall, after the 30th day of September in the year in which the tax duplicate shall be delivered to him, add to taxes to be paid thereafter a penalty of 1.5 percent per month until the same shall be paid." Approved July 1, 1985. 49 50 CHAPTER 60 FORMERLY SENATE BILL NO 91 AN ACT TO AMEND TITLE 9, CHAPTER 87, §8705 OF THE DELAWARE CODE RELATING TO LIEN OF TAXES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Title 9, Chapter 87, §8705(b) is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: "(b) All taxes assessed against real estate by Sussex County shall continue a lien against such real estate for ten (10) years from the first day of May of the year for which the taxes were levied, but if the real estate remains the property of the person who was the owner at the time that it was assessed, then the lien shall continue until the tax is collected. The lien of taxes shall have priority over all other liens. Approved July 1, 1985. CHAPTER 61 FORMERLY SENATE BILL NO. 153 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 3, TITLE 22, OF THE DELAWARE CODE RELATING TO THE GRANTING OF VARIANCES BY MUNICIPAL BOARDS OF ADJUSTMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 327(aX3), Chapter 3, Title 22 of the Delaware Code by striking Section 327(aX3) In its entirety and substituting in lieu thereof the following: "(3) Authorize, in specific cases, such variance from the provisions of any zoning ordinance, code, or regulation that will not be contrary to the public interest, where, owing to special conditions or exceptional situation, a literal interpretation of the provisions of any zoning ordinances, code, or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code, or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation, or map." Section 2. From one year following the enactment of this Act, the Board of Adjustment shall not rehear any application for a variance which has been rejected on the merits by the Board or by reviewing Court as of the date of the enactment of this Act. Approved July 1, 1985. 51 CHAPTER 62 FORMERLY HOUSE BILL NO. 6 AN ACT TO AMEND CHAPTER 5, TITLE 1 OF THE DELAWARE CODE RELATING TO LEGAL HOLIDAYS: AND DESIGNATING RETURN DAY AS A HALF-DAY HOLIDAY IN SUSSEX COUNTY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend $501, Chapter 5, Title I of the Delaware Code by striking the words "and Return day, the second day after the General election, in 1976" as the same appear at the end of the first paragraph; and substituting the words "and in Sussex County, Return Day, the second day after the General Election, after 12:00 Noon" in lieu thereof. Approved July I, 1985 CHAPTER 63 FORMERLY HOUSE BILL NO. 48 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 85, TITLE 14 OF THE DELAWARE CODE RELATING TO PRIVATE BUSINESS AND TRADE SCHOOLS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Section 8504, Title 14 of the Delaware Code by adding a new $8504(7) to read as follows: "(7) The entrance requirements for admission to each program offered by the school, and a copy or example of the instrument or instruments used to test for admission to each program." Section 2. Amend Subsection (2) of Section 8505, Title 14 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection (2) to read as follows: "(2) To agree to provide a surety company bond for the protection of the contractual rights of students in such form and amount as will meet with the approval of the Board and written by a company authorized to do business in this State. Such bonds shall be deposited with the Secretary of State. The surety bond shall be in an amount equal to the anticipated gross tuition receipts in the calendar year for which a certificate of approval is requested. However, the surety bond shall be for not less than $5,000 per calendar year regardless of anticipated gross receipts. On or before July 15 of each calendar year, the school shall supply a notarized statement of actual gross tuition receipts for the period January 1 through June 30 of that calendar year. In the event that the receipts for that six month period exceed one- half of the amount of the bond held by the Secretary of State for that calendar year, the school shall supply a new bond in an amount equal to twice the amount of actual gross tuition receipts for the period January 1 through June 30." Approved July 1, 1985. 52 CHAPTER 64 FORMERLY HOUSE BILL NO. 79 AN ACT TO AMEND CHAPTER 90, TITLE 11 OF THE DELAWARE CODE RELATING TO THE VIOLENT CRIMES COMPENSATION BOARD AND CONFLICTS OF INTEREST. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 90, Title 11 of the Delaware Code by adding a new section to read as follows: "59018. Conflict of Interest Any member of the Board with a direct or Indirect interest in a matter In question shall disqualify himself from any consideration of that matter. Approved Jut), 1, 1985. CHAPTER 65 FORMERLY HOUSE BILL NO. 111 AS AMENDED BY HOUSE AMENDMENT NO. 2 AN ACT TO AMEND CHAPTER 83, TITLE 9 OF THE DELAWARE CODE RELATING TO THE VALUATION OF LAND DEVOTED TO AGRICULTURAL, HORTICULTURAL OR FORESTRY USE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 58333 of Chapter 83, Title 9, Delaware Code by adding a sentence at thc end of t |
| Date Digital | 2010 |
| CONTENTdm file name | 3096.cpd |
Description
| Title | Laws of the State of Delaware - Volume 65 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY THIRD GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 8, A. D. 1985 SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A. D. 1986 VOLUME LXV |
| CONTENTdm file name | 76536.pdfpage |
Tags
Add tags for Laws of the State of Delaware - Volume 65 - Page 1
Comments
Post a Comment for Laws of the State of Delaware - Volume 65 - Page 1
