Delaware Real Estate Licensing Law
Delaware Code · 42 sections
The following is the full text of Delaware’s real estate licensing law statutes as published in the Delaware Code. For the official version, see the Delaware Legislature.
Del. Code § title1
Legislative Council, General Assembly State of Delaware
Title 1
General Provisions
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
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CODE
DELAWARE
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1
Chap.
Chapter 1
DELAWARE CODE
§ 101 Designation and citation of Code. ---(a) The laws embraced in this title and the following titles, parts, chapters, subchapters and sections, as amended from time to time, shall constitute and be known as the “Delaware Code,” hereinafter referred to as “the Code” or “this Code.” ---(b) The Code may be cited by the abbreviation “Del. C.” preceded by the number of the title and followed by the number of the section, chapter or part in the title. Examples: Section 101 of Title 1 may be cited as 1 Del. C. § 101; chapter 3 of Title 2 may be cited as 2 Del. C. c. 3; Part V of Title 3 may be cited as 3 Del. C. Part V. When citing a section of the Code, the subchapter, chapter or part in which the section is found need not be included in the citation. (1 Del. C. 1953, § 101; 49 Del. Laws, c. 220, § 1.) § 101A Designation of the Rules. ---Rules of practice and procedure adopted by the state and federal courts of Delaware shall constitute and be known as the “Delaware Rules Annotated,” hereinafter referred to as “the Rules.” (79 Del. Laws, c. 387, § 1.) § 102 Effective date of Code. ---This Code shall become effective upon enactment. (1 Del. C. 1953, § 102; 60 Del. Laws, c. 56, § 2.) § 103 Repeal of prior laws. ---All codes, and parts thereof, and all laws amendatory thereof and all other statutes, and parts thereof, of a general and permanent nature in effect on December 31, 1974, are repealed unless (1) expressly continued by specific provision of this Code, (2) omitted improperly or erroneously as a consequence of compilation, revision, or both, of laws enacted subsequent to the enactment of the Code which became effective on February 23, 1953, including, without limitation, any such omissions that may have occurred during the compilation, revision, or both, of the laws comprising this Code, or (3) omitted, changed or modified by the Revisors, or their predecessors, in a manner not authorized by § 211 of this title. In the event 1 of the above exceptions should be applicable, the law as it existed prior to May 13, 1975, shall continue to be valid, effective and controlling. (1 Del. C. 1953, § 103; 60 Del. Laws, c. 56, § 3.) § 104 Continuation of existing institutions, rights, and liabilities. ---(a) The repeal of prior laws, provided in § 103 of this title, shall not affect any act done, or any cause of action accruing or accrued, or established, or any suit or proceeding had or commenced in any civil action, nor any plea, defense, bar, or matter subsisting before the time when such repeal shall take effect; but the proceedings in every such case shall conform with the provisions of this Code. ---(b) All the provisions of laws repealed by § 103 of this title shall be deemed to have remained in force from the time when they began to take effect, so far as they may apply to any department, agency, office, or trust, or any transaction, or event, or any limitation, or any right, or obligation, or the construction of any contract already affected by such laws, notwithstanding the repeal of such provisions. ---(c) No offense committed, and no penalty or forfeiture incurred, under any of the laws repealed by § 103 of this title, and before the time when such repeal shall take effect, shall be affected by such repeal. ---(d) No action or prosecution, pending on the effective date of the repeal provided in § 103 of this title, for any offense committed or for the recovery of any penalty or forfeiture, incurred under any of the laws repealed by such section, shall be affected by such repeal; except that the proceedings in such action or prosecution shall conform with the provisions of this Code. (1 Del. C. 1953, § 104.) § 105 Effect on private or local acts. ---No private act, or act of local application, or portion of any prior Code or other statute pertaining to the City of Wilmington, or special act of incorporation, in effect on the date of enactment of this Code, and not revised and brought into this Code, shall be affected by any provision hereof. (1 Del. C. 1953, § 105.) § 106 Effect on acts heretofore repealed. ---No statute which heretofore has been repealed shall be revived by the repeal provided in § 103 of this title. (1 Del. C. 1953, § 106.) § 107 Effect of repeal of validating statutes. ---The repeal by § 103 of this title of a statute validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no such repeal. (1 Del. C. 1953, § 107.)
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§ 108 Distribution of Code, Rules, and supplements. ---(a) All legislative, executive, judicial, or other state governmental entities or agencies shall have the Delaware Code available electronically. ---(b) Each state entity or agency desiring printed copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto, purchased by the State shall annually certify to Legislative Council the exact number of printed copies that entity or agency requires and the reason such copies are necessary by September 1 of each year. ---(c) Legislative Council shall be responsible for budgeting the necessary funds to provide copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto. Any additional copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto, over current allocations shall be the responsibility of the requesting entity or agency. Special orders, such as individual titles, shall continue to be the responsibility of each entity or agency. (1 Del. C. 1953, § 108; 50 Del. Laws, c. 230, § 1; 51 Del. Laws, c. 134, § 4; 53 Del. Laws, c. 72, §§ 3, 4; 56 Del. Laws, c. 84; 57 Del. Laws, c. 105, §§ 1-4; 58 Del. Laws, c. 560, § 1; 59 Del. Laws, c. 253, § 1; 60 Del. Laws, c. 220, § 1; 61 Del. Laws, c. 286, § 1; 62 Del. Laws, c. 117, § 1; 64 Del. Laws, c. 453, § 1; 69 Del. Laws, c. 67, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 190, § 1; 73 Del. Laws, c. 65, §§ 1-3; 73 Del. Laws, c. 143, § 1; 75 Del. Laws, c. 88, §§ 21(1), 22(1), 26(1); 78 Del. Laws, c. 120, § 1; 79 Del. Laws, c. 387, § 1.) § 109 Amendments to Code. ---(a) All laws enacted after May 13, 1975, of a public and general nature, but not local, private or temporary laws, shall be enacted as amendments to the titles of this Code. If the subject matter of any such law is already generally embodied in one of the titles of this Code or can appropriately be classified therein, such new law shall be enacted as an amendment to such title of the Code. If it is not possible to classify the subject matter of a new law in an existing title, a new title shall be enacted containing such new law as a chapter or chapters, each chapter to contain a proper designation and descriptive name or heading, as provided in subsection (c) of this section. ---(b) A new title shall be created only as a last resort and only when it would be unreasonable to include the new law in an existing title. If a new title is created, it shall be given a name and a number following that of the then last title number. New titles shall be given names which are broad and comprehensive in scope so that each will accommodate the greatest number of new laws having related subject matter. ---(c) The skips and gaps in the numbering of the chapters and sections of this Code are for the purpose of accommodating future growth and expansion of the law thereby permitting the insertion in the Code of new laws in their most logical positions with respect to existing related laws. When a new chapter is enacted it shall be given a name, which shall be sufficiently broad and comprehensive to describe generally its subject matter, and a number designating its position within a title. Such chapter name is not to be confused with the title of a bill which is dealt with in § 16, article II of the Constitution of this State. ---(d) (1) When it is the purpose of a bill to change the language of a code provision, as distinct from affecting an outright repeal of the code provision, the change shall not be made by repealing the code provision and enacting a new section in lieu thereof. Any bill which amends an existing code provision shall set out in full that part of the code provision to be amended and shall indicate the words to be deleted by strike through and shall indicate new words by underline. If the changes are such as do not lend themselves easily to this type of amendment, the amending act may state that the section (specifying it by section and title number) is amended to read as thereinafter set forth. A section should be repealed, as distinct from amended, when an outright repeal thereof is intended or when the subject matter of the proposed new law is more than a mere amendment or revision of the old section. ---(2) In the case of amendments to bills, the amendment shall indicate the line or lines affected by the amendment and then set forth the text to be deleted in quotation marks or where text is to be inserted by identifying the text in quotation marks on either side of the insertion, if necessary. The amendment to the bill shall instruct whether or not text is to be deleted or inserted. Text to be deleted or inserted shall be set forth in quotation marks and shall be marked as if in the bill with the appropriate strike through, underline or neither. ---(3) The provisions of paragraph (d)(1) of this section shall not be applicable to the annual operating budget, capital improvements budget and grants in aid legislation. Such legislation shall have attached a side-by-side comparison of prior year appropriations and appropriations contained within the legislation, along with a corresponding comparison of authorized positions. However, all other provisions of this section shall remain applicable to appropriations legislation. ---(e) When sections of this Code are amended, the descriptive headings or catchlines immediately preceding, or within them, need not be amended, and when new sections are enacted, descriptive headings or catchlines need not be enacted to accompany them, in view of § 306 of this title, except that any desired changes in the section numbers contained in any such headings or catchlines shall be made by specific statutory amendments of such numbers, and new sections shall be assigned proper title section numbers by the law or laws that enact them. ---(f) Title names, and part, chapter, and subchapter headings, except as they appear in the analyses referred to in § 306 of this title, constitute part of the law, and shall not be changed except by specific statutory amendment thereof. ---(g) In the enactment of new laws, the plan, scheme, style, format and arrangement of this Code shall be followed as closely as possible to the end that the Code and all amendments thereto will comprise a harmonious entity containing all the laws of this State, then in effect, of a public and general nature. ---(h) No law shall be invalid because it was not enacted in conformity with this section. (1 Del. C. 1953, § 109; 60 Del. Laws, c. 56, § 4; 78 Del. Laws, c. 90, §§ 1, 3; 80 Del. Laws, c. 88, § 1.)
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§ 110 Supplements as part of Code. ---The laws appearing in this Code adopted after the effective date hereof or contained in any current pocket parts or supplements to this Code, printed and published hereafter under contract or otherwise as may be authorized by law, shall constitute, prima facie, a part of this Code if such laws, as so contained, purport to represent reproductions of statutory amendments of this Code, as stated in accompanying notes thereto. If any such pocket parts or supplements are printed and published on a cumulative basis, then only such laws contained in the latest publication thereof shall constitute, prima facie, a part of this Code. (1 Del. C. 1953, § 110.)
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REVISION
CODE
CONTINUOUS
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2
Revisors
Code
Delaware
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I
Subchap.
Chap.
Chapter 2
CONTINUOUS CODE REVISION
Subchapter I
Delaware Code Revisors
§ 201 Appointment; composition. ---The Delaware Code Revisors (the Revisors) shall consist of 2 attorneys-at-law licensed to practice law before the Supreme Court of the State who shall be appointed by the Governor. At the time of appointment, the 2 attorneys shall not be members of the same political party. One shall be appointed for a period terminating with the 126th General Assembly and one shall be appointed for a period terminating with the 127th General Assembly. Thereafter all appointments shall be for a term of 4 years. In case of a vacancy the Governor shall make an appointment for the unexpired term. (1 Del. C. 1953, § 201; 49 Del. Laws, c. 347; 58 Del. Laws, c. 253, § 1.) § 202 Compensation and expenses. ---The Legislative Council shall determine the compensation to be paid to a Revisor and reimburse a Revisor for necessary out-of-pocket and travel expenses incurred in performing the Revisor’s duties under this chapter. The Legislative Council may not set the yearly compensation to be paid to a Revisor at less than $5,000. (1 Del. C. 1953, § 202; 49 Del. Laws, c. 347; 58 Del. Laws, c. 253, § 2; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 281, § 1.) Code and Supplements of Preparation - II Subchap. Subchapter II Preparation of Supplements and Code § 210 Duties and powers of Revisors. ---(a) At the close of each regular, annual session of the General Assembly, the Revisors shall prepare or cause to be prepared supplements to the Delaware Code and all other general and permanent laws which have become law since the publication of the last supplements, noting the sections that have been repealed, generally updating the Code and including, in the discretion of the Revisors, updated annotations of court decisions. The supplements are to be completed and delivered to the State not later than 6 months after the close of such legislative session. ---(b) From time to time, after consultation with the Legislative Council, the Revisors shall prepare or cause to be prepared a revised, recompiled, or revised and recompiled Delaware Code, or replacement or supplemental volume or volumes thereof, which may, in the discretion of the Revisors, include updated annotations of court decisions. ---(c) The Revisors may make and enter into all contracts and agreements, and execute, acknowledge and deliver all instruments and assurances, necessary or incidental to the performance of their duties and the execution of their duties and powers under this chapter. ---(d) The Revisors may sue and be sued in their own name. ---(e) The Revisors shall annually publish or cause to be published the Rules and, 6 months later, shall publish or cause to be published supplements to the Rules. The Revisors shall consult with the state and federal courts of Delaware in publishing or causing to be published the Rules and Rules supplements. The Revisors may include annotations of court decisions and other aides in the Rules and Rules supplements. (1 Del. C. 1953, § 210; 49 Del. Laws, c. 347; 58 Del. Laws, c. 253, § 3; 58 Del. Laws, c. 581, § 2; 60 Del. Laws, c. 295, § 1; 79 Del. Laws, c. 387, § 2.) § 211 Scope of editorial revision; omissions. ---(a) In performing their duties and powers under § 210 of this title, the Revisors shall not alter the sense, meaning or effect of any act of the General Assembly but they may: ---(1) Renumber and rearrange sections or parts of sections; ---(2) Transfer sections or divide sections so as to give to distinct subject matters a separate section number, but without changing the meaning; ---(3) Insert or change the wording of headnotes; ---(4) Change reference numbers to agree with renumbered chapters or sections; ---(5) Substitute the proper section or chapter number for the terms “this act,” “the preceding section” and the like; ---(6) Strike out figures where they are merely a repetition of written words and vice versa; ---(7) Change capitalization for the purpose of uniformity; ---(8) Correct manifest typographical and grammatical errors; and
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---(9) Make any other purely formal or clerical changes in keeping with the purpose of the revision.
---(b) The Revisors shall omit all titles of acts, all enacting, resolving, and repealing clauses, all appropriation measures, all temporary or local statutes, all declarations of emergency, and all validity, declaration of policy, and construction clauses, except when the retention thereof is necessary to preserve the full meaning and intent of the law. ---(c) (1) The Revisors shall use gender silent techniques to ensure that masculine and feminine pronouns are not used and shall ensure that a solely masculine or feminine designation occurs only when it applies to 1 gender. ---(2) The Revisors shall apply paragraph (c)(1) of this section to all laws enacted on or after May 31, 2023, and may apply paragraph (c)(1) of this section to laws enacted before May 31, 2023. ---(3) If the Revisors cannot determine how to apply paragraph (c)(1) of this section to masculine and feminine pronouns used in a law, the Revisors shall report this to the Director of the Division of Legislative Services for possible correction through the legislative process. ---(4) “Gender silent techniques” include substituting the nouns to which the masculine and feminine pronouns refer. (1 Del. C. 1953, § 211; 49 Del. Laws, c. 347; 58 Del. Laws, c. 253, § 4; 58 Del. Laws, c. 581, § 3; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 255, § 1.) § 212 Bids; contract. ---The Revisors shall, after consultation with the Legislative Council, upon such specifications and conditions as they shall determine, duly and sufficiently advertise for bids for the compilation, revision, annotation, printing and binding of the Code supplements and the revised or recompiled Delaware Code, along with the Rules and Rules supplements, and shall award a contract for such work to the lowest and best legal publisher of recognized standing as such. The contract for Code supplements may, in the discretion of the Revisors, cover the Code supplements for 1 or more of the sessions of the General Assembly. (1 Del. C. 1953, § 212; 49 Del. Laws, c. 347; 52 Del. Laws, c. 220; 58 Del. Laws, c. 253, §§ 4, 5; 58 Del. Laws, c. 581, § 4; 79 Del. Laws, c. 387, § 2.) § 213 Number of Code supplements, Rules, and Rules supplements; sale rights. ---The Revisors shall consult with Legislative Council to determine the number of Code supplements, Rules, and Rules supplements to be printed and delivered to the State by the publisher each year. The Revisors are authorized in awarding the contract for the printing of the Code supplements, Rules, and Rules supplements, to grant the publisher such sales rights as in the judgment of the Revisors would be advantageous to the State. (1 Del. C. 1953, § 213; 49 Del. Laws, c. 347; 58 Del. Laws, c. 253, §§ 4, 6; 79 Del. Laws, c. 387, § 2.) Distribution - III Subchap. Subchapter III Distribution § 220 Distribution of the Code and the Rules. ---Completed Code supplements, Rules, and Rules supplements shall be delivered to each state entity or agency in accordance with the directive of Legislative Council. (1 Del. C. 1953, § 220; 49 Del. Laws, c. 347; 58 Del. Laws, c. 253, §§ 4, 7; 73 Del. Laws, c. 143, § 2; 75 Del. Laws, c. 88, § 22(1); 79 Del. Laws, c. 387, § 2.)
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STATUTES
OF
INTERPRETATION
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3
Chap.
Chapter 3
INTERPRETATION OF STATUTES
§ 301 Rules of construction and definitions. ---The rules of construction and the definitions set forth in this chapter shall be observed in the construction of this Code and all other statutes, unless such construction would be inconsistent with the manifest intent of the General Assembly, or repugnant to the Code or to the context of the same statute. (Code 1852, § 34; Code 1915, § 1; Code 1935, § 1; 1 Del. C. 1953, § 301.) § 302 Definitions. ---In the construction of this Code and of all other statutes of this State, unless the context requires a different meaning: ---(1) “Adult” or “adult person” means a person of the age of 18 years or older. ---(2) “Child” means a person who has not reached the age of 18 years. ---(3) “Full age” means the age of 18 years or older. ---(4) “Grantee” includes every person to whom a freehold estate or interest is conveyed. ---(5) “Grantor” includes every person by whom a freehold estate or interest is conveyed. ---(6) “Infancy” means an age of less than 18 years. ---(7) “Infant” means a person who has not reached the age of 18 years. ---(8) “Inhabitant” means a resident in any place. ---(9) “Kin” and “kindred,” as applied to the descent of estates, signify kin or kindred by blood, and the degrees of consanguinity shall be computed by the civil law method; but collateral kindred claiming through a nearer common ancestor, shall be preferred to those claiming through a more remote common ancestor. ---(10) “Lawful age” means the age of 18 years or older. ---(11) “Minor” or “minor child” means a person who has not reached the age of 18 years. ---(12) “Money” or “dollars” means lawful money of the United States. ---(13) “Month” means a calendar month, unless otherwise expressed. ---(14) “Oath” includes affirmation in all cases where an affirmation may be substituted for an oath, and “sworn” includes affirmed; and the forms shall be varied accordingly. ---(15) “Person” and “whoever” respectively include corporations, companies, associations, firms, partnerships, societies and joint-stock companies, as well as individuals. ---(16) “Person with a mental condition” includes every person with an emotional or psychiatric disorder or disability. ---(17) “Real estate” or “real property” is synonymous with the phrase “lands, tenements and hereditaments.” ---(18) “State” means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. ---(19) “Tavern” includes inn. ---(20) “Under age” means an age of less than 18 years. ---(21) “United States” includes its territories and possessions and the District of Columbia. ---(22) “Will” means “last will and testament” and includes “codicil.” ---(23) “Written” and “writing” respectively include printing and typewriting and reproductions of visual symbols by photographing, lithographing, multigraphing, mimeographing, manifolding or otherwise; but in all cases where the written signature of any person is by law required, it shall be the proper handwriting of such person, or if the person cannot write the person’s name, the person’s mark. ---(24) “Year” means a calendar year, and is equivalent to the words “year of our Lord.” (Code 1852, §§ 37-49; Code 1915, § 1; Code 1935, § 1; 1 Del. C. 1953, § 302; 49 Del. Laws, c. 57, § 1; 58 Del. Laws, c. 439, § 2; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 179, § 1.) § 303 Words and phrases. ---Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the English language. Technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning. (Code 1852, § 35; Code 1915, § 1; Code 1935, § 1; 1 Del. C. 1953, § 303.) § 304 Words of number and gender. ---(a) Words used in the singular number include the plural and the plural includes the singular. ---(b) Words importing the masculine gender include the feminine as well, except as otherwise clearly indicated by the context. ---(c) All forms prescribed by law may be varied according to subsections (a) and (b) of this section. (Code 1852, § 36; Code 1915, § 1; Code 1935, § 1; 1 Del. C. 1953, § 304.)
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§ 305 Classification and arrangement. ---The classification and organization of the titles, parts, chapters, subchapters, and sections of this Code, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference or presumption of a legislative construction shall be drawn therefrom. (1 Del. C. 1953, § 305.) § 306 Analyses of titles, parts, chapters, subchapters and sections; section headings; notes. ---The various analyses set out in this Code, constituting enumerations or lists of the titles, parts, chapters, subchapters and sections of this Code, and the descriptive headings or catchlines immediately preceding or within the texts of the individual sections of this Code, except the section numbers included in the headings or catchlines immediately preceding the texts of such sections, do not constitute part of the law. All derivation and other notes set out in this Code are given for the purpose of convenient reference, and do not constitute part of the law. (1 Del. C. 1953, § 306.) § 307 References. ---(a) Unless otherwise indicated in the context, references in this Code to titles, parts, chapters, subchapters or sections shall mean titles, parts, chapters, subchapters or sections of this Code. ---(b) Whenever any reference is made to any portion of this Code or any other law, the reference applies to all amendments thereto. (1 Del. C. 1953, § 307.) § 308 Severability of provisions. ---If any provision of this Code or amendments hereto, or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect the provisions or application of this Code or such amendments that can be given effect without the invalid provisions or application, and to this end the provisions of this Code and such amendments are declared to be severable. (1 Del. C. 1953, § 308.)
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ACT
MATERIAL
LEGAL
ELECTRONIC
UNIFORM
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4
Chap.
Chapter 4
UNIFORM ELECTRONIC LEGAL MATERIAL ACT
§ 401 Short title. ---This chapter may be cited as the “Uniform Electronic Legal Material Act.” (79 Del. Laws, c. 357, § 1.) § 402 Definitions. ---In this chapter: ---(1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. ---(2) “Legal material” means, whether or not in effect: ---a. The Constitution of Delaware; ---b. The Laws of Delaware; ---c. The Delaware Code; and ---d. A state agency regulation promulgated in accordance with §§ 10111-10119 of Title 29. ---(3) “Official publisher” means: ---a. For the Constitution of Delaware, the General Assembly; ---b. For the Laws of Delaware, the General Assembly; ---c. For the Delaware Code, the General Assembly; and ---d. For a regulation published in the Delaware Administrative Code, the General Assembly. ---(4) “Publish” means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher. ---(5) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. ---(6) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (79 Del. Laws, c. 357, § 1.) § 403 Applicability. ---This chapter applies to all legal material in an electronic record that is designated as official under § 404 of this title and first published electronically on or after October 21, 2014. (79 Del. Laws, c. 357, § 1.) § 404 Legal material in official electronic record. ---(a) If an official publisher publishes legal material only in an electronic record, the publisher shall: ---(1) Designate the electronic record as official; and ---(2) Meet the requirements of §§ 405, 407, and 408 of this title. ---(b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the requirements of §§ 405, 407, and 408 of this title are met. (79 Del. Laws, c. 357, § 1.) § 405 Authentication of official electronic record. ---(a) An official publisher of legal material in an electronic record that is designated as official under § 404 of this title shall authenticate the record. ---(b) To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. (79 Del. Laws, c. 357, § 1.) § 406 Effect of authentication. ---(a) Legal material in an electronic record that is authenticated under § 405 of this title is presumed to be an accurate copy of the legal material. ---(b) If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material. ---(c) A party contesting the authentication of legal material in an electronic record authenticated under § 405 of this title has the burden of proving by a preponderance of the evidence that the record is not authentic. (79 Del. Laws, c. 357, § 1.)
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§ 407 Preservation and security of legal material in official electronic record. ---(a) An official publisher of legal material in an electronic record that is or was designated as official under § 404 of this title shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. ---(b) If legal material is preserved under subsection (a) of this section in an electronic record, the official publisher shall: ---(1) Ensure the integrity of the record; ---(2) Provide for backup and disaster recovery of the record; and ---(3) Ensure the continuing usability of the material. (79 Del. Laws, c. 357, § 1.) § 408 Public access to legal material in official electronic record. ---An official publisher of legal material in an electronic record that must be preserved under § 407 of this title shall ensure that the material is reasonably available for use by the public on a permanent basis. (79 Del. Laws, c. 357, § 1.) § 409 Standards. ---In implementing this chapter, an official publisher of legal material in an electronic record shall consider: ---(1) Standards and practices of other jurisdictions; ---(2) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies; ---(3) The needs of users of legal material in an electronic record; ---(4) The views of governmental officials and entities and other interested persons; and ---(5) To the extent practicable, the use of methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are compatible with the methods and technologies used by other official publishers in this State and in other states that have adopted a law substantially similar to this chapter. (79 Del. Laws, c. 357, § 1.) § 410 Uniformity of application and construction. ---In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (79 Del. Laws, c. 357, § 1.) § 411 Relation to Electronic Signatures in Global and National Commerce Act. ---This chapter modifies, limits, and supersedes the “Electronic Signatures in Global and National Commerce Act,” 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). (79 Del. Laws, c. 357, § 1.)
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HOLIDAYS
LEGAL
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5
Chap.
Chapter 5
LEGAL HOLIDAYS
§ 501 Designation ---(a) The following days shall be legal holidays in this State: ---(1) January 1, known as New Year’s Day. ---(2) The third Monday in January, known as Martin Luther King, Jr. Day. ---(3) Good Friday. ---(4) June 19, known as Juneteenth. ---(5) July 4, known as Independence Day. ---(6) The first Monday in September, known as Labor Day. ---(7) November 11, known as Veterans Day. ---(8) The fourth Thursday in November, known as Thanksgiving Day. ---(9) The Friday following Thanksgiving Day. ---(10) December 25, known as Christmas. ---(11) Saturdays. ---(12) The day of the General Election as it biennially occurs; and ---(13) In Sussex County, Return Day, the second day after the General Election, after 12:00 Noon. ---(b) If any of the legal holidays fall on Sunday, the Monday following shall be a legal holiday. If any of the legal holidays other than Saturday fall on Saturday, the Friday preceding shall be a legal holiday. ---(c) The last Monday in May shall be the legal holiday, known as Memorial Day, in the State. ---(d) Veterans Day shall be a legal holiday for all public school students and the employees of public districts and charter schools. If Veterans Day falls on a Sunday, the following Monday shall be a legal holiday. If Veterans Day falls on a Saturday, the preceding Friday shall be a legal holiday. ---(e) The Director of the Office of Management and Budget shall promulgate policies and procedures to implement 2 floating holidays. (11 Del. Laws, c. 195; 12 Del. Laws, c. 14; 15 Del. Laws, c. 192; 18 Del. Laws, c. 697; 19 Del. Laws, c. 694; 20 Del. Laws, cc. 67, 511; 22 Del. Laws, cc. 164, 165, 391; 26 Del. Laws, c. 182; Code 1915, §§ 2841, 2841A to 2841D; 28 Del. Laws, c. 214; 30 Del. Laws, c. 193; 34 Del. Laws, c. 190, § 1; 34 Del. Laws, c. 191, § 1; 36 Del. Laws, c. 247; 37 Del. Laws, c. 233, § 1; 40 Del. Laws, c. 207; Code 1935, § 3321; 43 Del. Laws, c. 202, § 1; 43 Del. Laws, c. 203, § 1; 47 Del. Laws, c. 40, § 1; 47 Del. Laws, c. 143, § 1; 47 Del. Laws, c. 247, § 1; 48 Del. Laws, c. 49, § 1; 1 Del. C. 1953, § 501; 52 Del. Laws, c. 83; 53 Del. Laws, c. 23, § 1; 54 Del. Laws, c. 308; 55 Del. Laws, c. 28, § 1; 57 Del. Laws, c. 14; 59 Del. Laws, c. 268, § 1; 60 Del. Laws, c. 602, § 1; 60 Del. Laws, c. 634, § 1; 64 Del. Laws, c. 451, § 1; 65 Del. Laws, c. 62, § 1; 66 Del. Laws, c. 330, §§ 1, 2; 67 Del. Laws, c. 19, §§ 1, 2; 67 Del. Laws, c. 22, §§ 1, 2; 72 Del. Laws, c. 105, § 1; 74 Del. Laws, c. 319, § 1; 76 Del. Laws, c. 113, § 1; 77 Del. Laws, c. 84, § 56; 77 Del. Laws, c. 328, § 28; 83 Del. Laws, c. 37, § 1; 83 Del. Laws, c. 257, § 1.) § 502 Validity of acts, transactions, legal procedures, etc. ---No contract made, instrument executed, or act done on any of the legal holidays designated in § 501 of this title shall be thereby rendered invalid, and nothing in that section shall be construed to prevent or invalidate the entry, issuance, service or execution of any writ, summons, confession, judgment, order or decree, or other legal process whatever, or the proceedings of any court or judge or board of canvass on any of such holidays. (1 Del. C. 1953, § 502; 55 Del. Laws, c. 28, § 2; 55 Del. Laws, c. 53; 65 Del. Laws, c. 298, § 2.)
Page 10 Title 1 - General Provisions
MONTHS
SPECIAL
AND
DAYS
SPECIAL
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6
Chap.
Chapter 6
SPECIAL DAYS AND SPECIAL MONTHS
§ 601 Arbor Day. ---The following day shall be commemorated in this State by appropriate ceremonies: The last Friday in April, known as Arbor Day. (1 Del. C. 1953, § 601; 53 Del. Laws, c. 23.) § 602 Delaware Day. ---The Department of State shall stage suitable and proper celebrations in each county of this State on the 7th day of December of each year commemorating the ratification of the federal constitution by this State. (42 Del. Laws, c. 203, § 1; 29 Del. C. 1953, § 3702; 57 Del. Laws, c. 608, § 3B.) § 603 Native American Day. ---The following day shall be commemorated in this State by appropriate ceremonies: The first Saturday of September that is after Labor Day, known as Native American Day. (71 Del. Laws, c. 168, § 1.) § 604 Juneteenth National Freedom Day. ---The following day shall be commemorated in this State by appropriate ceremonies: The third Saturday of June, known as Juneteenth National Freedom Day. (72 Del. Laws, c. 269, § 1.) § 605 March For The Arts in Education. ---The following month shall be commemorated in this State by appropriate ceremonies: the month of March, known as March for the Arts in Education. (74 Del. Laws, c. 180, § 2.) § 606 Melanoma and Skin Cancer Detection and Prevention Month. ---The following month shall be commemorated in this State by appropriate ceremonies: the month of May, known as “Melanoma and Skin Cancer Detection and Prevention Month.” (77 Del. Laws, c. 35, § 1.) § 607 Military Spouse Appreciation Day. ---The following day shall be commemorated annually in this State by appropriate ceremonies: the Friday before Mother’s Day, known as “Military Spouse Appreciation Day.” (77 Del. Laws, c. 214, § 1.) § 608 Vietnam Veterans Day. ---March 30 shall be known as Vietnam Veterans Day and shall be commemorated in this State by appropriate ceremonies to honor those members of the United States Armed Forces who served in Vietnam or in the Vietnam area of operation. (77 Del. Laws, c. 475, § 1.) § 609 Disability History and Awareness Month. ---The following month shall be commemorated in this State by appropriate ceremonies: the month of October, known as “Disability History and Awareness Month”. In commemorating such month, public schools are encouraged to informally offer instruction and events highlighting disability history and awareness during October of each year which may include offering guest speakers, supplementing existing lesson plans, holding assemblies, and sponsoring essay or art projects. (78 Del. Laws, c. 178, § 1.) § 610 6888th Central Postal Directory Battalion Day. ---March 9 is known as 6888th Central Postal Directory Battalion Day and should be commemorated in this State by appropriate ceremonies to honor the 6888th Central Postal Directory Battalion members. In commemorating this day, citizens are encouraged to write and mail letters to family, friends, military personnel, and veterans to recognize postal employees and the important service these employees provide in connecting us to each other. (85 Del. Laws, c. 158, § 1.)
Page 11 Title 1 - General Provisions
MAJORITY
OF
AGE
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7
Chap.
Chapter 7
AGE OF MAJORITY
§ 701 Age of majority. ---A person of the age of 18 years or older on June 16, 1972, and any person who attains the age of 18 years thereafter, shall be deemed to be of full legal age for all purposes whatsoever and shall have the same duties, liabilities, responsibilities, rights and legal capacity as persons heretofore acquired at 21 years of age unless otherwise provided. (1 Del. C. 1953, § 701; 58 Del. Laws, c. 439, § 1.)
Page 12 Title 1 - General Provisions
5]
§
193,
c.
Laws,
Del.
82
in
contingency
the
meeting
upon
[Effective
Time
Standard
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8
Chap.
Chapter 8
Standard Time [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5]
§ 801 Standard time [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5]. ---The standard time for this State is the time determined by 15 U.S.C. §§ 260 through 267, however, this State is exempt from 15 U.S.C. § 260a (regarding the advancement of time) and instead observes the standard time during the period under 15 U.S.C. § 260a. (82 Del. Laws, c. 193, § 2.)
Page 13
Del. Code § title10
Legislative Council, General Assembly State of Delaware
Title 10
Courts and Judicial Procedure
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 10 - Courts and Judicial Procedure
Part I
Organization, Powers, Jurisdiction and Operation of Courts
Chapter 1
Supreme Court
Subchapter I
Organization and Operation
§ 101. Place of holding Court. The Supreme Court shall be held at Dover, except in limited circumstances involving a judicial emergency under Chapter 20 of this title or when the Court determines that the education of the Bar or law students, or the public interest would be advanced by having a special session of the Court in another location. (Code 1852, § 1907; Code 1915, § 3683; Code 1935, § 4235; 10 Del. C. 1953, § 101; 80 Del. Laws, c. 192, § 1.)
§ 102. Offices for the Justices. The Supreme Court may obtain such office space for each of the Justices thereof as shall be necessary and appropriate to permit the Justices to properly carry out their duties. The offices of the respective Justices need not be in Dover and may be in the counties where the Justices, respectively, reside. Bills for such office rent shall be paid by the State Treasurer when approved in writing by any Justice of the Court. (Code 1935, § 4271; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 102.)
§ 103. Salaries of Justices. The Chief Justice and each of the Justices of the Supreme Court shall receive such compensation as shall be provided by law. (Code 1852, § 467; 26 Del. Laws, c. 58; Code 1915, § 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, § 369; 46 Del. Laws, c. 248; 47 Del. Laws, c. 200; 48 Del. Laws, c. 260; 10 Del. C. 1953, § 103; 52 Del. Laws, c. 113, § 1; 55 Del. Laws, c. 403, § 1; 57 Del. Laws, c. 675, § 1; 59 Del. Laws, c. 472, § 1; 62 Del. Laws, c. 12, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 17.)
§ 104. Purchase of supplies. The Supreme Court from time to time may purchase for the Court such furniture, equipment, law books, stationery, and other supplies as may be requisite for the proper operation of the Court. (Code 1935, § 4272B; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 104; 50 Del. Laws, c. 67, § 1.)
§ 105. Payment of expenses. The payment of the compensation of the Clerk and all other persons appointed or employed by the Court or any Justice thereof under the provisions of subchapter II of this chapter, and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Justices and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the Supreme Court. (10 Del. C. 1953, § 105; 50 Del. Laws, c. 67, § 2.)
Subchapter II
Officers and Employees
§ 121. Clerk of Supreme Court; bond; duties generally. (a) Every Clerk of the Supreme Court duly appointed, shall, after being appointed and before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penal sum of $3,000 the condition of which shall be as follows:
“That if the above named .................. who has been duly appointed to be Clerk of the Supreme Court shall and do well and diligently
execute the duties of the office of Clerk of the Supreme Court as aforesaid and duly and faithfully fulfill and perform all the trusts
and duties to the said office appertaining, and truly and without delay deliver to his or her successor in office, the seal and all the
books, records and papers belonging to such office, safe and undefaced, then this obligation shall be void and of no effect or else shall
remain in full force and virtue.”
Page 1 Title 10 - Courts and Judicial Procedure
(b) The sufficiency of the surety and the form of the bond shall be subject to the approval of a Justice of the Court.
(c) The Clerk shall be custodian of the seal, the books, the records and the papers of the Court, and shall perform such duties as the
Court may direct. (Code 1852, §§ 441-443; 14 Del. Laws, c. 42; 16 Del. Laws, c. 24; 23 Del. Laws, c. 60, § 3; Code 1915, § 379; 30 Del. Laws, c. 43; Code 1935, § 348; 10 Del. C. 1953, § 121; 50 Del. Laws, c. 67, § 3; 70 Del. Laws, c. 186, § 1.)
§ 122. Cancellation of Clerk’s bond. The bond of the Clerk of the Supreme Court provided for in § 121 of this title shall be canceled 3 years after the expiration of the Clerk’s term of office and shall, after such time cease to be a lien on any property of any kind of the Clerk or the Clerk’s bondspersons. (Code 1915, § 379A; 28 Del. Laws, c. 34; Code 1935, § 349; 46 Del. Laws, c. 56, § 1; 10 Del. C. 1953, § 122; 70 Del. Laws, c. 186, § 1.)
§ 123. Court reporter; stenographic and clerical assistants. The Supreme Court may from time to time employ a court reporter and such additional stenographic and clerical assistants as may be necessary for the proper operation of the Court. Any such persons shall receive for their services such amounts as the Supreme Court shall from time to time determine. (Code 1935, § 4272; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 123; 50 Del. Laws, c. 67, § 4.)
§ 124. Office secretaries. Each Justice of the Supreme Court may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render the Justice such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Justices shall from time to time determine. (Code 1935, § 4272A; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 124; 50 Del. Laws, c. 67, § 4.)
§ 125. Certification of appointments. The Supreme Court shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized by this subchapter, the several dates of their appointments, and the monthly compensation to be paid to them. (10 Del. C. 1953, § 125; 50 Del. Laws, c. 67, § 5.)
§§ 126, 127. Deputy Administrator for Justices of the Peace; powers of the Deputy Administrator [Repealed]. Repealed by 62 Del. Laws, c. 52, § 1, effective June 1, 1979. § 128. Administrative Office of the Courts. (a) The Administrative Office of the Courts is hereby created with a State Court Administrator as head thereof. (b) The State Court Administrator shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court of the State. In the event the Chief Justice appoints as State Court Administrator an attorney-at-law admitted to practice before the Delaware Supreme Court, such State Court Administrator shall not practice law while serving as State Court Administrator. (c) The salary of the State Court Administrator shall be determined by the Chief Justice, but in no event shall be greater than the salary of a Judge of the Superior Court. (d) The function of the office shall be to assist the Chief Justice in carrying out the Chief Justice’s constitutional responsibilities as administrative head of all the courts in the State, and the duties of the office shall be as prescribed by the Chief Justice or by rule of the Supreme Court of the State. (e) The State Court Administrator may, with the approval of the Chief Justice, appoint such deputies, administrative assistants, and clerical personnel as are required. (f) The State Court Administrator shall have oversight of the Judicial Information Center, the Office of State Court Collections Enforcement, and the law libraries. (10 Del. C. 1953, § 128; 58 Del. Laws, c. 70; 62 Del. Laws, c. 52, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 190, § 2; 76 Del. Laws, c. 213, § 18; 83 Del. Laws, c. 482, § 1; 84 Del. Laws, c. 42, § 1.)
§ 129. Law clerks. Law clerks hold major, nontenured advisory positions for the Justices of the Court. The Supreme Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court. (78 Del. Laws, c. 51, § 1.)
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Subchapter III
General Jurisdiction and Powers; Time for Taking Appeals
§ 141. Advisory opinions of Justices upon request of Governor and General Assembly. (a) The Justices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by resolution require it for public information, or to enable them to discharge their duties, may give them their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law or legislation passed by the General Assembly, or the constitutionality of any proposed constitutional amendment which shall have been first agreed to by 2/3 of all members elected to each House. (b) The Justices of the Supreme Court may appoint 1 or more members of the Delaware Bar, duly qualified to practice before said Court, for the purpose of briefing or arguing the legal issues submitted by the Governor or General Assembly. (c) If the Governor should request an advisory opinion from the Court, the Governor shall, within 5 days, notify the leadership of both Houses by sending them a copy of such request. If the General Assembly should request an advisory opinion from the Court, the Speaker of the House and the President Pro Tempore of the Senate shall within 5 days notify the Governor by sending a copy of such request. (d) Upon receipt of such advisory opinion from the Supreme Court the governor or the General Assembly shall, within 5 days, notify the opposite party by sending a copy of such advisory opinion. (Code 1852, § 482; Code 1915, § 402; Code 1935, § 374; 10 Del. C. 1953, § 141; 58 Del. Laws, c. 514; 64 Del. Laws, c. 214, § 1; 70 Del. Laws, c. 186, § 1.)
§ 142. Writs of certiorari. Writs of certiorari, issuable out of the Supreme Court, shall be writs of right and not of grace, and shall be sued out of and be issued out of the Court without petition therefor or the allocatur of any Judge or order of the Court. (21 Del. Laws, c. 118; Code 1915, § 3710; Code 1935, § 4263; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 142.)
§ 143. Time for appeal from interlocutory order or decree. No appeal from an interlocutory order, judgment or decree shall be received in the Supreme Court, unless such appeal is filed in the Supreme Court within 30 days after such order, judgment or decree is entered. (Code 1852, § 2755; Code 1915, § 4686; Code 1935, § 5144; 10 Del. C. 1953, § 143; 57 Del. Laws, c. 460.)
§ 144. Failure to appeal from interlocutory order; consideration on final appeal. A failure to appeal from an interlocutory order, judgment or decree of the Court of Chancery or Superior Court shall not bar a party from making any objection to such interlocutory order, judgment or decree on appeal from the final order, judgment or decree. (Code 1852, § 2756; Code 1915, § 4687; Code 1935, § 5145; 10 Del. C. 1953, § 144; 57 Del. Laws, c. 459.)
§ 145. Time for appeal from final judgment of the Court of Chancery. No appeal from a final judgment or decree of the Court of Chancery shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree. This section shall not affect the time for cross-appeals provided in § 149 of this title. (Code 1852, § 2757; Code 1915, § 4688; 38 Del. Laws, c. 204; Code 1935, § 5146; 10 Del. C. 1953, § 145; 51 Del. Laws, c. 346, § 1; 58 Del. Laws, c. 20, § 1.)
§ 146. Time for appeal of infants or mentally incompetent persons not represented by a guardian or trustee. When an infant or a mentally incompetent person is a party to an action and was not represented in the action in the lower court by a guardian ad litem, general guardian or trustee, the time within which such infant or mentally incompetent person may appeal to the Supreme Court shall begin to run at the ceasing of such disability and not at the time of signing the judgment or decree. (Code 1852, §§ 2758, 2762; Code 1915, §§ 4689, 4693; Code 1935, §§ 5147, 5151; 10 Del. C. 1953, § 146.)
§ 147. Time for appeal from Superior Court in criminal actions. (a) Except as provided in paragraph (b) of this section, no appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree. (b) When an appeal is filed by a pro se inmate confined in an institution: (1) The appeal is timely filed if: a. The inmate’s praecipe or notice of appeal is placed in the institution’s internal mail system on or before the last day for filing. b. The first-class postage is prepaid.
Page 3 Title 10 - Courts and Judicial Procedure
c. The praecipe or notice of appeal is accompanied by a receipt from the institution’s staff verifying the date and time the praecipe
or notice of appeal was placed in the institution’s internal mail system.
(2) The institution’s staff must give the inmate a copy of a receipt containing the following:
a. The name of the staff member who received the inmate’s praecipe or notice of appeal.
b. The date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.
c. The case number.
(10 Del. C. 1953, § 147; 51 Del. Laws, c. 346, § 2; 58 Del. Laws, c. 22, § 1; 85 Del. Laws, c. 23, § 1.)
§ 148. Time for appeal from final judgment of the Superior Court in civil actions. No appeal from a final judgment of the Superior Court in a civil action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree. This section shall not affect the time for cross-appeals provided in § 149 of this title. (10 Del. C. 1953, § 148; 51 Del. Laws, c. 346, § 3; 58 Del. Laws, c. 21, § 1.) § 149. Time for cross-appeal in civil actions. In any civil action where a timely notice of appeal to the Supreme Court is filed by a party, any other party may file a notice of appeal within 15 days of the date on which the first notice of appeal was filed or within the time otherwise prescribed by this title, whichever expires last. (10 Del. C. 1953, § 149; 57 Del. Laws, c. 461.) § 150. Time for appeal from Superior Court in concealed carry permit actions. Any applicant or licensee may, at any time within 30 days from the date of any adverse decision or action of the Superior Court made pursuant to its administration of the provisions of § 1441 of Title 11, appeal that decision or action to the Supreme Court. (73 Del. Laws, c. 111, § 1.) Subchapter IV Procedure § 161. Rules of Court and special orders. (a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular and special sessions, fix the time of and otherwise regulate the return of process issued out of the Court, fix the fees which shall be paid and the costs which shall be taxed in the Court, provide for the conduct of the business of the Court, and regulate the practice and procedure governing causes and proceedings in the Court. (b) The Rules of the Supreme Court shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith. (c) The rules shall not abridge, enlarge or modify any substantive right of any party. (Code 1852, § 1912; 18 Del. Laws, c. 218, § 1; 21 Del. Laws, c. 116; 24 Del. Laws, c. 236; 25 Del. Laws, c. 227, § 1; 27 Del. Laws, c. 270, § 4; Code 1915, §§ 3684, 3688, 3707; Code 1935, §§ 4236, 4240, 4261; 43 Del. Laws, c. 222, §§ 1, 2; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 161.) § 162. Judgment docket; indices. Whenever a judgment is entered, or signed, in the Supreme Court, the Clerk of that Court shall set down on the docket thereof, the day, month and year of actually entering or signing it. The Clerk shall also keep 2 indices to his or her judgment docket, and make the entries therein, as required of the prothonotary in Chapter 23 of this title, under the penalties prescribed by Chapter 23 of this title, the provisions of which are, for this purpose, extended to the Clerk of the Supreme Court. (Code 1852, § 683; Code 1915, § 3722; Code 1935, § 4268; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 162; 70 Del. Laws, c. 186, § 1.) § 163. Prepayment, and bill of costs; refunds; penalty for neglect by Clerk. The plaintiff or appellant, shall, on docketing a cause in the Supreme Court, pay the Clerk such fee as the Supreme Court shall have prescribed by its Rules. Upon the determination of the cause, the Clerk shall enter on the record a bill of the costs, and after deducting his or her own fees shall, on demand, refund any portion of the sum that may be due to the plaintiff or appellant. If the Clerk wilfully fails or neglects to comply with this section, he or she shall be fined in such amount or imprisoned for such term, or both, as the trial court, in its discretion, may determine; and shall forfeit his or her office. (Code 1852, § 684; Code 1915, § 3723; Code 1935, § 4269; 48 Del. Laws, c. 258, § 1; 10 Del. C. 1953, § 163; 70 Del. Laws, c. 186, § 1.)
Page 4 Title 10 - Courts and Judicial Procedure
Part I
Organization, Powers, Jurisdiction and Operation of Courts
Chapter 3
Court of Chancery
Subchapter I
Organization and Operation
§ 301. Places of holding Court. The Court of Chancery shall be held: (1) In New Castle County, at Wilmington; (2) In Kent County, at Dover; and (3) In Sussex County, at Georgetown. (Code 1852, § 1910; 16 Del. Laws, c. 133, § 5; Code 1915, § 3683; Code 1935, § 4235; 10 Del. C. 1953, § 301.) § 302. Terms of Court. The Court of Chancery in and for each county of the State shall have 1 term each year which shall coincide with the calendar year. (Code 1852, § 1910; 17 Del. Laws, c. 216; 19 Del. Laws, c. 256; 21 Del. Laws, c. 120; 22 Del. Laws, c. 450; Code 1915, § 3684; Code 1935, § 4236; 10 Del. C. 1953, § 302.) § 303. Disqualification of Chancellor and Vice-Chancellor. Neither the Chancellor nor any Vice-Chancellor shall sit in any cause in which his or her parent, grandparent, child, grandchild, brother, or sister, nephew, or niece, uncle or aunt, brother-in-law, or son-in-law, is a party. (Code 1852, § 1950; Code 1915, § 3886; Code 1935, § 4410; 10 Del. C. 1953, § 303; 70 Del. Laws, c. 186, § 1.) § 304. Salaries of Chancellor and Vice-Chancellors. The Chancellor and each Vice-Chancellor shall receive such compensation as shall be provided by law. (Code 1852, § 467; 26 Del. Laws, c. 58; Code 1915, § 395; 30 Del. Laws, c. 44; 37 Del. Laws, c. 41; Code 1935, § 369; 46 Del. Laws, c. 248; 47 Del. Laws, c. 200; 48 Del. Laws, c. 260; 10 Del. C. 1953, § 304; 52 Del. Laws, c. 113, § 2; 55 Del. Laws, c. 403, § 2; 57 Del. Laws, c. 675, § 2; 59 Del. Laws, c. 472, § 2; 62 Del. Laws, c. 12, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 19.) § 305. Purchase of supplies. The Chancellor may from time to time purchase for the Court such furniture, equipment, law books, stationery and other supplies as may be requisite for the proper operation of the Court. (10 Del. C. 1953, § 305; 50 Del. Laws, c. 67, § 6.) § 306. Payment of expenses. The payment of the compensation of all persons appointed or employed by the Court under the provisions of this chapter and the payment for supplies, equipment and other necessary expenses of the Court, including the traveling expenses of the Judges and the officers of the Court, shall be made by the State Treasurer out of funds regularly appropriated for the operation of the Court of Chancery. The State Treasurer shall pay to each county out of funds regularly appropriated for operation of the Court of Chancery rent based upon the cost of servicing and maintenance and carrying charges applicable to the space occupied by the Court of Chancery, its Judges, officers, employees and facilities, in such amounts as shall be fixed annually by agreement between the State Director of the Office of Management and Budget and the Levy Court or County Executive of each county; provided that if agreement cannot be reached, final determination of such amounts shall be made by a panel of 3, 1 member to be designated by the State Director of the Office of Management and Budget, 1 member to be designated by the Levy Court or County Executive, and 1 member to be selected by the other 2 members. (10 Del. C. 1953, § 306; 50 Del. Laws, c. 67, § 6; 57 Del. Laws, c. 228, §§ 11-1, 11-42; 75 Del. Laws, c. 88, § 21(5).) § 307. Additional Vice-Chancellors. In addition to the Chancellor specifically required by article IV, § 2 of the Delaware Constitution, the Court of Chancery consists of 6 Vice-Chancellors. (10 Del. C. 1953, § 307; 53 Del. Laws, c. 5, § 1; 64 Del. Laws, c. 218, § 1; 67 Del. Laws, c. 1, § 1; 81 Del. Laws, c. 288, § 1.) Subchapter II Officers and Employees § 321. Register in Chancery [Repealed]. Repealed by 73 Del. Laws, c. 91, § 5, effective Jan. 1, 2002.
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§ 322. Court reporters. The Chancellor shall have power from time to time to appoint and remove at pleasure such number of skilled and competent stenographers, to be designated as court reporters, as shall be necessary for the proper operation of the Court, together with such additional clerical assistants as may be required. The duties of the court reporters shall be to attend all sessions of the Court of Chancery in the several counties and all hearings before the Chancellor or the Vice-Chancellor, as may be required, to report all evidence, opinions and other matters as the Chancellor or the Vice-Chancellor may require, and to perform such other duties as the Chancellor may prescribe. The court reporters and assistants shall receive such compensation as the Chancellor shall from time to time determine. The court reporters before entering upon their duties shall take and subscribe the oath of office as required by the Constitution. (23 Del. Laws, c. 76; 24 Del. Laws, c. 119; Code 1915, § 3888; 30 Del. Laws, c. 224; 35 Del. Laws, c. 218; Code 1935, § 4412; 43 Del. Laws, c. 226, § 1; 44 Del. Laws, c. 172, § 1; 10 Del. C. 1953, § 322; 50 Del. Laws, c. 67, § 7.) § 323. Office secretaries. Each of the Judges of the Court of Chancery may appoint and remove at pleasure 1 competent stenographer, to be designated as office secretary, whose duties shall be to render to such Judge such clerical, stenographic, typewriting and secretarial services as may be required, and who shall receive such compensation as the Chancellor shall from time to time determine. (23 Del. Laws, c. 76; 24 Del. Laws, c. 119; Code 1915, § 3888; 30 Del. Laws, c. 224; 35 Del. Laws, c. 218; Code 1935, § 4412; 43 Del. Laws, c. 226, § 1; 44 Del. Laws, c. 172, § 1; 10 Del. C. 1953, § 323; 50 Del. Laws, c. 67, § 7.) § 324. Temporary appointments. If for any reason any of the court reporters or office secretaries shall be unable to perform his or her duties, the Chancellor may appoint a suitable and competent substitute to serve as a temporary court reporter or office secretary for such time and for such compensation as he or she shall determine. Substitute court reporters shall take the same oath of office as is required of a court reporter, and their acts shall have the same force and effect as if done by an official court reporter. Such oath shall not be recorded, but shall be filed with the Register. (10 Del. C. 1953, § 324; 50 Del. Laws, c. 67, § 7; 70 Del. Laws, c. 186, § 1.) § 325. Court reporters’ charges. The Chancellor may regulate the charges to be made by court reporters for the furnishing of transcriptions of evidence, opinions, records, arguments or hearings. (23 Del. Laws, c. 76; 24 Del. Laws, c. 119; Code 1915, § 3888; 30 Del. Laws, c. 224; 35 Del. Laws, c. 218; Code 1935, § 4412; 43 Del. Laws, c. 226, § 1; 44 Del. Laws, c. 172, § 1; 10 Del. C. 1953, § 325; 50 Del. Laws, c. 67, § 7.) § 326. Bailiffs, criers and pages; compensation; duties. The Chancellor may appoint and remove at pleasure such number of bailiffs, criers and pages as shall be necessary for the proper operation of the Court, not to exceed 1 bailiff, 1 crier and 1 page in each of the several counties. They shall receive such compensation as the Chancellor shall from time to time determine. They shall perform such duties and have such powers in connection with attendance upon the Court of Chancery as the Chancellor may from time to time prescribe. (10 Del. C. 1953, § 326; 50 Del. Laws, c. 67, § 8; 55 Del. Laws, c. 85, §§ 35A, 35B; 57 Del. Laws, c. 228, § 11-2.) § 327. Certification of appointments. The Chancellor shall certify to the State Auditor and the State Treasurer the names and addresses of the several persons appointed to the offices and positions authorized under the provisions of this chapter, the several dates of their appointments, and the monthly compensation to be paid to them. (10 Del. C. 1953, § 327; 50 Del. Laws, c. 67, § 8; 57 Del. Laws, c. 228, § 11-3.) § 328. Budgetary powers of Supreme Court. Nothing contained in this subchapter shall affect the powers of the Supreme Court conferred by § 6331 of Title 29. (10 Del. C. 1953, § 328; 50 Del. Laws, c. 67, § 8.) § 329. Law clerks. Law clerks hold major, nontenured advisory positions for the Chancellor and Vice-Chancellors of the Court. The Court of Chancery may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court. (10 Del. C. 1953, § 329; 55 Del. Laws, c. 208; 57 Del. Laws, c. 228, § 11-4; 78 Del. Laws, c. 51, § 2.) Subchapter III General Jurisdiction and Powers § 341. Matters and causes in equity. The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity. (Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 341.)
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§ 342. Adequate remedy in other courts. The Court of Chancery shall not have jurisdiction to determine any matter wherein sufficient remedy may be had by common law, or statute, before any other court or jurisdiction of this State. (Code 1852, § 1933; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 342.)
§ 343. Injunctions staying actions at law, or to prevent waste. The Court of Chancery may grant injunctions for staying actions at law, and to prevent waste, as there may be occasion. (Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 343.)
§ 344. Proceedings in chambers. All jurisdiction and powers of the Court of Chancery may be exercised in chambers. (10 Del. C. 1953, § 344.)
§ 345. Power to invest moneys and take security. The Court of Chancery may, in the securing or investing of a sum or sums of money under orders of the Court, cause to be taken for the same, in any case not otherwise provided for by law, a recognizance, bond or mortgage in the name of the State, with condition for the payment of the money so to be secured in such manner and subject to such provisions as the Court orders, to the end that the money may be secured for the use and benefit of the person or persons who may be entitled to or interested in the same. Upon any recognizance, bond or mortgage so to be taken, a suit may be prosecuted to judgment and execution in the name of the State, but for the use of any person or persons injured by the breach of such recognizance, bond or mortgage, pursuant to the provisions of Chapter 75 of this title. A Judge of the Court of Chancery may by general or special rule or order direct that any or all moneys deposited with the Court of Chancery in connection with any action in such Court: (1) be deposited in 1 or more interest-bearing accounts or deposits in any bank or savings institution upon such terms as shall be determined by the Court; or (2) be invested in securities of the United States of America of such duration that such money may be available when reasonably required. Any moneys so deposited may be deposited or invested with similar moneys from other actions, provided that records are maintained by the Court to identify the origin of all such moneys so received and deposited or invested. All income and interest earned on all such deposits and investments are declared to be public moneys and shall from time to time on order of a Judge of such Court be paid to the State Treasurer. The Register in Chancery in the county in which such funds are deposited or invested shall be responsible for the deposit or investment thereof as provided in this section, provided that the Register shall not be liable for any loss of deposit or investment not caused by his or her own negligence or misconduct. Nothing contained in this section shall prevent the Court from ordering that moneys deposited in connection with any action be segregated or maintained in a special account or deposit if, in the judgment of the Court, that should be done. (13 Del. Laws, c. 459; Code 1915, § 3882; Code 1935, § 4406; 10 Del. C. 1953, § 345; 57 Del. Laws, c. 479; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 91, § 6.)
§ 346. Technology disputes. (a) Notwithstanding any other provision in this Code, and without limiting the jurisdiction vested in any court in this State, the Court of Chancery shall have power to mediate and jurisdiction to hear and determine technology disputes as defined herein when: (1) The parties have consented to the jurisdiction of or mediation by the Court of Chancery by agreement or by stipulation; (2) At least 1 party is a “business entity” as defined herein; (3) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State; (4) No party is a “consumer”, as that term is defined in § 2731 of Title 6, with respect to the technology dispute; and (5) In the case of technology disputes involving solely a claim for monetary damages, the amount in controversy is no less than $1,000,000 or such greater amount as the Court of Chancery determines by rule. Neither punitive damages nor a jury trial shall be available for a technology dispute heard and determined by the Court of Chancery pursuant to this section. Mediation proceedings shall be considered confidential and not of public record. (b) A “business entity” means a corporation, statutory trust, business trust or association, a real estate investment trust, a common-law trust, or any other unincorporated business, including a partnership (whether general (including a limited liability partnership) or limited (including a limited liability limited partnership)) or a limited liability company. (c) (1) A “technology dispute” means a dispute arising out of an agreement and relating primarily to: the purchase or lease of computer hardware; the development, use, licensing or transfer of computer software; information, biological, pharmaceutical, agricultural or other technology of a complex or scientific nature that has commercial value, or the intellectual property rights pertaining thereto; the creation
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or operation of Internet web sites; rights or electronic access to electronic, digital or similar information; or support or maintenance of the above. (2) The term “technology dispute” does not include a dispute arising out of an agreement: a. That is primarily a financing transaction; or b. Merely because the parties’ agreement is formed by, or contemplates that communications about the transaction will be by, the transmission of electronic, digital or similar information. (3) The Court shall interpret the term “technology dispute” liberally so as to effectuate the intent of this section to provide an expeditious and expert forum for the handling of technology disputes involving parties who have agreed to resolve their disputes in the Court of Chancery, whether the parties are seeking to have the Court of Chancery: a. Mediate the dispute only; b. Mediate the dispute initially, and if that fails, adjudicate the dispute; or c. Adjudicate the dispute. The Court shall adopt rules to facilitate the efficient processing of technology disputes, including rules to govern the filing of mediation only technology disputes, and to set filing fees and other cost schedules for the processing of technology disputes. (74 Del. Laws, c. 36, § 1.) § 347. Mediation proceedings for business disputes. (a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall have the power to mediate business disputes when: (1) The parties have consented to the mediation by the Court of Chancery by agreement or by stipulation; (2) At least 1 party is a business entity as defined in § 346 of this title; (3) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State; (4) No party is a consumer, as that term is defined in § 2731 of Title 6, with respect to the business dispute; and (5) In the case of disputes involving solely a claim for monetary damages, the amount in controversy is no less than $1,000,000 or such greater amount as the Court of Chancery determines by rule. A mediation pursuant to this section shall involve a request by parties to have a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their dispute. Mediation proceedings shall be considered confidential and not of public record. (b) By rule, the Court of Chancery may define those types of cases that are eligible for submission as a business dispute mediation. This section is intended to encourage the Court of Chancery to include complex corporate and commercial disputes, including technology disputes, within the ambit of the business dispute mediation rules. The Court of Chancery should interpret its rule-making authority broadly to effectuate that intention. (74 Del. Laws, c. 36, § 2.) § 348. Disputes involving deed covenants or restrictions. (a) Without limiting the jurisdiction of any court of this State, the Court of Chancery shall, through a Magistrate in Chancery or such other person as may be appointed that Magistrate in Chancery’s designee, mediate disputes involving the enforcement of deed covenants or restrictions when: (1) An action involving the enforcement of deed covenants or restrictions has been filed with the Court; (2) At least 1 party is an association or other entity representing the homeowners or lot owners of a subdivision, if such an association or entity exists; and (3) At least 1 party is a homeowner or lot owner in that subdivision. The mediator shall assist the parties in trying to reach a mutually satisfactory resolution of their dispute. Mediation proceedings under this section are confidential and not of public record. (b) By rule, the Court of Chancery may further define those types of deed covenant or restriction cases which must be mediated. (c) Upon the filing of an action involving the enforcement of deed covenants or restrictions, the Court shall schedule a mandatory mediation hearing to be held within 60 days of the filing. If the parties fail to resolve the dispute, the Court shall schedule a trial to be held within 120 days of the failed attempt to mediate the dispute, unless for good cause shown the Court in its discretion concludes that a longer period of time is warranted. A Magistrate in Chancery shall preside over the trial. (d) The parties to a dispute mediated pursuant to the provisions of this section are not required to be represented by an attorney during a mandatory mediation proceeding. (e) The nonprevailing party at a trial held pursuant to the provisions of this section must pay the prevailing party’s attorney fees and court costs, unless the court finds that enforcing this subsection would result in an unfair, unreasonable, or harsh outcome. (75 Del. Laws, c. 379, § 1; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 101, § 2.)
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§ 349. Arbitration proceedings for business disputes. (a) The Court of Chancery shall have the power to arbitrate business disputes when the parties request a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, to arbitrate a dispute. For a dispute to be eligible for arbitration under this section, the eligibility criteria set forth in § 347(a) and (b) of this title must be satisfied, except that the parties must have consented to arbitration rather than mediation. (b) Arbitration proceedings shall be considered confidential and not of public record until such time, if any, as the proceedings are the subject of an appeal. In the case of an appeal, the record shall be filed by the parties with the Supreme Court in accordance with its rules, and to the extent applicable, the rules of the Court of Chancery. (c) Any application to vacate, stay, or enforce an order of the Court of Chancery issued in an arbitration proceeding under this section shall be filed with the Supreme Court of this State, which shall exercise its authority in conformity with the Federal Arbitration Act [68 P.L. 401; 68 Cong. Ch. 213, 43 Stat. 883, codified as 9 U.S.C. §§ 1-16, 201-208, and 301-307], and such general principles of law and equity as are not inconsistent with that Act. (77 Del. Laws, c. 8, § 1.) § 350. Voluntary final adjudications before a Magistrate in Chancery. The parties in any matter may stipulate to a final adjudication of the matter by a Magistrate of the Court of Chancery. In such a stipulation, the parties shall consent that the decision of the Magistrate shall have the same effect as a decision of a member of the Court of Chancery. Appeals from decisions of the Magistrate in a matter governed by such a stipulation shall be determined in all respects by the same procedural and substantive standards as are applicable to appeals from decisions of members of the Court of Chancery. (77 Del. Laws, c. 8, § 1; 84 Del. Laws, c. 101, § 3.) § 351. Voluntary waiver of appeal by parties. The parties in any matter may stipulate that the decision of the Court of Chancery, or a Magistrate of the Court of Chancery if they so choose, shall be final and binding and not subject to appeal. (77 Del. Laws, c. 8, § 1; 84 Del. Laws, c. 101, § 4.) Subchapter IV Procedure § 361. Rules of Court. (a) The Chancellor may, from time to time, adopt and promulgate general rules for the Court of Chancery which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and procedure with respect to the commencement, trial, hearing, and determination of causes and proceedings in such Court. (b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination of every such proceeding. The rules shall not abridge, enlarge or modify any substantive right of any party. (c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith. (d) Any inconsistency or conflict between any rule of court promulgated under the authority of this section or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in the Court of Chancery, shall be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in the Court of Chancery. (Code 1852, §§ 1935, 1936; 17 Del. Laws, c. 215, §§ 1-3; 26 Del. Laws, c. 265; 27 Del. Laws, c. 270, § 4; Code 1915, §§ 3688, 3847, 3848, 3858; 34 Del. Laws, c. 216, § 1; Code 1935, §§ 4240, 4371, 4372, 4381; 10 Del. C. 1953, § 361.) § 362. Subpoenas, summonses and other process; orders and award of process. The Court of Chancery may issue subpoenas, summonses, and all other process to compel defendants to answer actions in such Court, may make orders and award process, and may do all things necessary to bring causes to hearing. (Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del. C. 1953, § 362.) § 363. Issuance of process upon filing of complaint. No process shall issue for the appearance of a party in the Court of Chancery until the complaint is regularly filed. (Code 1852, § 1934; Code 1915, § 3846; Code 1935, § 4370; 10 Del. C. 1953, § 363.) § 364. Removal of defendant from county after service of process. If a defendant shall remove from the county after being served with a summons, or other process, the case may proceed, and further process may be issued into any county. (Code 1852, § 1934; Code 1915, § 3846; Code 1935, § 4370; 10 Del. C. 1953, § 364; 70 Del. Laws, c. 186, § 1.)
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§ 365. Compelling appearance of defendant in absence of personal service. If, after summons or other process issued out of the Court of Chancery, any defendant therein named does not appear in obedience to the process and according to the rules of such Court, the Court may, on affidavit that such defendant is out of the State, or cannot be found to be served with process and that there is just ground to believe that the defendant intentionally avoids such service, make an order for his or her appearance on a certain day and publish such order as the Court directs not less than once a week for 3 consecutive weeks. If the defendant does not appear, after such publication, according to the order, the Court may enter judgment by default against the nonappearing defendant, and may thereupon issue process to compel the performance either by seizure of the real and personal property of such defendant or part thereof, sufficient to satisfy the plaintiff’s demand, or by causing possession of the estate, or effects, demanded by the complaint, to be delivered to the plaintiff, or otherwise, as the case requires. The Court may also order the plaintiff to be paid the demand out of any property so seized, upon plaintiff’s giving approved security, in a sufficient sum, to abide any order of the Court for the restitution thereof upon the defendant’s appearing to defend the action, and paying such costs as the Court shall order. If such security is not given, the property seized, or whereof possession is ordered to be delivered, shall remain under the direction of the Court in the hands of a receiver or otherwise, until the defendant’s appearance, or until such order is made therein as the Court deems is just. (Code 1852, § 1938; 17 Del. Laws, c. 215; Code 1915, § 3850; 34 Del. Laws, c. 216, § 2; 35 Del. Laws, c. 217; 36 Del. Laws, c. 268, § 1; Code 1935, § 4374; 10 Del. C. 1953, § 365; 70 Del. Laws, c. 186, § 1.) § 366. Compelling appearance of nonresident defendant. (a) If it appears in any complaint filed in the Court of Chancery that the defendant or any one or more of the defendants is a nonresident of the State, the Court may make an order directing such nonresident defendant or defendants to appear by a day certain to be designated. Such order shall be served on such nonresident defendant or defendants by mail or otherwise, if practicable, and shall be published in such manner as the Court directs, not less than once a week for 3 consecutive weeks. The Court may compel the appearance of the defendant by the seizure of all or any part of his or her property, which property may be sold under the order of the Court to pay the demand of the plaintiff, if the defendant does not appear, or otherwise defaults. Any defendant whose property shall have been so seized and who shall have entered a general appearance in the cause may, upon notice to the plaintiff, petition the Court for an order releasing such property or any part thereof from the seizure. The Court shall release such property unless the plaintiff shall satisfy the Court that because of other circumstances there is a reasonable possibility that such release may render it substantially less likely that plaintiff will obtain satisfaction of any judgment secured. If such petition shall not be granted, or if no such petition shall be filed, such property shall remain subject to seizure and may be sold to satisfy any judgment entered in the cause. The Court may at any time release such property or any part thereof upon the giving of sufficient security. (b) The Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, the release of such property from seizure and for the sale of the property so seized, and may require the plaintiff to give approved security to abide any order of the Court respecting the property. (c) Any transfer or assignment of the property so seized after the seizure thereof shall be void and after the sale of the property is made and confirmed, the purchaser shall be entitled to and have all the right, title and interest of the defendant in and to the property so seized and sold and such sale and confirmation shall transfer to the purchaser all the right, title and interest of the defendant in and to the property as fully as if the defendant had transferred the same to the purchaser in accordance with law. (Code 1852, § 1938; 17 Del. Laws, c. 215; Code 1915, § 3850; 34 Del. Laws, c. 216, § 2; 35 Del. Laws, c. 217; 36 Del. Laws, c. 268, § 1; Code 1935, § 4374; 10 Del. C. 1953, § 366;
Del. Code § title12
Legislative Council, General Assembly State of Delaware
Title 12
Decedents’ Estates and Fiduciary Relations
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Part I
General Provisions
Chapter 1
Definitions
§ 101. Definitions. For the purpose of wills, intestate succession and for all other purposes under this title, the following definitions shall apply: (1) “Child” includes any individual entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant. (2) “Good faith” means honesty in fact and the observance of reasonable standards of fair dealing. (3) “Heir” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent and shall include kin and kindred. (4) “Issue” of a person means all of the person’s lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this title. (5) “Parent” includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent. (6) “Personal representative” includes executor, administrator, successor administrator and administrator with will annexed, and persons who perform substantially the same function under the law governing their status. (7) The definitions of “child,” “issue” or “parent” contained in this section shall not limit the right of a testator to provide by will for a definition different from those contained in this section. (59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 352, § 1.)
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Part II
Wills
Chapter 2
General Provisions
Subchapter I
Tenets and Principles
§ 201. Who may make a will. Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will of real and personal estate. No person under the age of 18 years shall be capable of making a will either of real or personal estate. (Code 1852, § 1644; 14 Del. Laws, c. 550, § 5; 15 Del. Laws, c. 165, § 5; Code 1915, § 3240; Code 1935, § 3704; 45 Del. Laws, c. 233, § 1; 12 Del. C. 1953, § 101; 59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.) § 202. Requisites and execution of will. (a) Every will, whether of personal or real estate, must be: (1) In writing and signed by the testator or by some person subscribing the testator’s name in the testator’s presence and by the testator’s express direction; and (2) Subject to § 1306 of this title, attested and subscribed in testator’s presence by 2 or more credible witnesses. (b) Any will not complying with subsection (a) of this section shall be void. (Code 1852, § 1645; Code 1915, § 3241; Code 1935, § 3705; 12 Del. C. 1953, § 102; 59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.) § 203. Witnesses; persons competent. (a) Any person generally competent to be a witness may act as a witness to a will. (b) A will or any provision thereof is not invalid because the will is signed by an interested person. (Code 1852, § 1646; Code 1915, § 3242; Code 1935, § 3706; 12 Del. C. 1953, § 103; 59 Del. Laws, c. 384, § 1.) § 204. Devise of real estate generally. Lands, tenements and hereditaments are devisable by last will and testament. (Code 1852, § 1643; Code 1915, § 3239; Code 1935, § 3703; 12 Del. C. 1953, § 105; 59 Del. Laws, c. 384, § 1.) § 205. Devise of real estate without limitation. A devise of real estate, without words of limitation, shall be construed to pass the fee simple, or other whole estate, or interest, which the testator could lawfully devise in such real estate, unless a contrary intention appears by the will. (Code 1852, § 1667; Code 1915, § 3243; Code 1935, § 3707; 12 Del. C. 1953, § 106; 59 Del. Laws, c. 384, § 1.) § 206. After-acquired real estate. Any estate, right or interest in lands, acquired by a testator after the making of a will, shall pass thereby in manner as if possessed at the making of the will, unless a contrary intention appears by the will. (Code 1852, § 1668; 18 Del. Laws, c. 671, § 1; Code 1915, § 3244; Code 1935, § 3708; 12 Del. C. 1953, § 107; 59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1.) § 207. Power of sale of executor or trustee; liability of purchaser. (a) Where, by the terms of a will or trust instrument, an express power to sell real property is granted to a trustee, such trustee may sell or exchange such real property as is not specifically required to be distributed in kind to any beneficiary, and it shall not be necessary for any beneficiary of the trust to join in the instrument transferring or conveying such property. (b) Where, by the terms of a will, an executor is expressly directed to sell real property, such executor may sell or exchange such real property and it shall not be necessary for any beneficiary of the estate to join in the instrument transferring or conveying such property. (c) Where, by the terms of a will, an express power to sell real property is granted to an executor, such executor may sell or exchange such real property as is not specifically devised and as the executor reasonably believes, at the time of such sale or exchange, is necessary to be sold in order to pay the debts of the decedent or the expenses of administration (including estate and inheritance taxes and taxes imposed upon the income of the estate) of the estate, and it shall not be necessary for any beneficiary of the estate to join in the instrument transferring or conveying such property. In any sale of real estate authorized this subsection, it shall not be necessary for the executor to obtain an Order from the Court of Chancery authorizing the sale pursuant to Chapter 27 of this title. (d) In any sale made by an executor, administrator or other personal representative or by a trustee pursuant to this section, there shall be no liability upon the purchaser to see to the application of the purchase money, unless the will or trust expressly imposes such liability,
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and the purchaser shall be entitled to rely without liability therefor upon the representation by the executor in the deed of conveyance that any sale of real property is for the purposes set forth in subsection (c) of this section. (e) No conveyance by an executor, prior to January 1, 1985, of real property not specifically devised shall be invalid or ineffective solely because 1 or more devisees of such property failed to join in the instrument of conveyance. (f) For purposes of this section, the term “executor” shall include any personal representative of a testate estate. (Code 1915, § 3244-A; 30 Del. Laws, c. 208, § 1; Code 1935, § 3709; 12 Del. C. 1953, § 108; 59 Del. Laws, c. 384, § 1; 64 Del. Laws, c. 252, § 1; 74 Del. Laws, c. 272, §§ 1-3.) § 208. Revocation of wills generally. A last will and testament, or any clause thereof, shall not be altered, or revoked, except by canceling by the testator, or by some person in the testator’s presence and by the testator’s express direction, or by a valid last will and testament, or by a writing signed by the testator, or by some person subscribing the testator’s name in the testator’s presence and by the testator’s express direction, and attested and subscribed in the testator’s presence by 2 or more credible witnesses; but this clause shall not preclude nor extend to an implied revocation. (Code 1852, § 1652; Code 1915, § 3250; Code 1935, § 3715; 12 Del. C. 1953, § 109; 59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1.) § 209. Revocation by divorce; no revocation by other changes or circumstances. If after executing a will, the testator is divorced or the testator’s marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse and any nomination of the former spouse, as executor, trustee, guardian or other fiduciary, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator’s remarriage to the former spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No changes or circumstances other than as described in this section revokes a will or any part thereof. (59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1.) § 210. Alteration, theft or destruction of will; class E felony. Whoever wilfully adds to, alters, defaces, erases, obliterates, mutilates, blots, blurs, hides, conceals, destroys, misplaces with intent to conceal or commits an act of theft of any instrument of writing purporting to be or in the nature of a last will and testament and intended to take effect upon the death of the testator, whether the person shall have been given custody or possession thereof by the testator, or shall have obtained custody or possession of the purported last will and testament in any other manner whatsoever, shall be guilty of a class E felony. (27 Del. Laws, c. 268, § 1; Code 1915, § 3264; Code 1935, § 3728; 12 Del. C. 1953, § 110; 59 Del. Laws, c. 384, § 1.) § 211. Testamentary additions to trusts. (a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator’s lifetime by the testator, by the testator and some other person or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator’s death by the testator’s devise to the trustee, if the trust is identified in the testator’s will and its terms are set forth in a written instrument other than a will executed before, concurrently with or after the execution of the testator’s will or in another individual’s will if that other individual has predeceased the testator, regardless of the existence, size or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator’s death. (b) Unless the testator’s will provides otherwise, property devised or bequeathed to a trust described in subsection (a) of this section is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised or bequeathed and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator’s death. (c) Unless the testator’s will provides otherwise, a revocation or termination of the trust before the testator’s death causes the devise or bequest to lapse. (66 Del. Laws, c. 278, § 1; 71 Del. Laws, c. 76, § 1.) § 212. Bequest of tangible personal property by separate writing. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing: (1) Must either be in the handwriting of the testator or be signed by the testator and must identify the items and the legatees with reasonable certainty;
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(2) Must not be inconsistent with the terms of the will; and
(3) Must not be inconsistent with any other writing permitted by this section unless the writing is dated in which case the writing
with the latest date will control.
Notwithstanding the foregoing, in the case of a writing that includes both provisions for dispositions that are consistent with the terms
of the will or any other writing permitted by this section and provisions for dispositions that are inconsistent with the terms of the will or any other writing permitted by this section, such writing shall be admissible under this section as evidence of the intended disposition of those items of tangible personal property that would be disposed of by the provisions of the writing that are not inconsistent with the terms of the will or any other writing permitted by this section. The writing may be referred to as one to be in existence at the time of the testator’s death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. (59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1; 77 Del. Laws, c. 98, § 1.) § 213. Rules for construction or interpretation of will [For application of this section, see 81 Del. Laws, c. 320, § 8]. In the construction or interpretation of any will the rules set forth in § 3330 of this title shall apply in the absence of any contrary expression of intent in such will. (1)-(3) [Repealed.] (64 Del. Laws, c. 253, § 1; 65 Del. Laws, c. 422, § 2; 81 Del. Laws, c. 320, § 3.) § 214. Devolution of property; administration of decedents’ estates. Solely for the purposes of determining the rights of any person to property of a decedent, it shall be presumed that tangible personal property acquired (1) By a decedent through gift or inheritance, or (2) Solely with the funds of the decedent, or (3) Acquired by the decedent before marriage to the surviving spouse, is the sole property of the decedent notwithstanding that such property consists of household goods or that any such property was subject to joint possession and use by a decedent and the surviving spouse. (66 Del. Laws, c. 372, § 1; 70 Del Laws, c. 186, § 1.) Subchapter II Delaware Uniform International Wills Act § 251. Definitions. In this subchapter: (1) “Authorized person” and “person authorized to act in connection with international wills” means a person who is empowered by § 259 of this title or by the laws of the United States, including a member of the diplomatic and consular service of the United States designated by foreign service regulations, to supervise the execution of international wills. (2) “International will” means a will executed in conformity with §§ 252 through 255 of this title. (71 Del. Laws, c. 81, § 2.) § 252. International will — validity. (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this subchapter. (b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind. (c) This subchapter does not apply to the form of testamentary dispositions made by 2 or more persons in 1 instrument. (d) This subchapter deals only with the form of execution of an international will. Delaware law regarding the scope of testamentary power, revocation of wills, competency of witnesses, regulation of probate, interpretation and construction of wills, and the administration of decedents’ estates remains applicable to an international will. (71 Del. Laws, c. 81, § 2.) § 253. International will — requirements. (a) The will must be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other means. (b) The testator shall declare in the presence of 2 credible witnesses and of a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows the contents thereof. The testator need not inform the witnesses or the authorized person of the contents of the will.
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(c) In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if the testator has previously signed
it, shall acknowledge the signature. (d) If the testator is unable to sign, the absence of the testator’s signature does not affect the validity of the international will if the testator indicates the reason for the inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or 1 of the witnesses, at the direction of the testator, to sign the testator’s name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator’s name. (e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator. (71 Del. Laws, c. 81, § 2; 70 Del. Laws, c. 186, § 1.) § 254. International wills — other points of form. (a) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator’s behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered. (b) The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person. (c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so, and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in § 255 of this title. (d) A will executed in compliance with § 253 of this title is not invalid merely because it does not comply with this section. (71 Del. Laws, c. 81, § 2; 70 Del. Laws, c. 186, § 1.) § 255. International will — certificate. The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this subchapter for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form: CERTIFICATE I, (name, address and capacity), a person authorized to act in connection with international wills, certify that on (date) at (place) (testator) (name, address, date and place of birth) in my presence and that of the witness (a) (name, address, date and place of birth) and (b) (name, address, date and place of birth) has declared that the attached document is his or her will and that he or she knows the contents thereof. I furthermore certify that: (a) In my presence and in that of the witnesses: (1) The testator has signed the will or has acknowledged his or her signature previously affixed. (2) * Following a declaration of the testator stating that he or she was unable to sign the will for the following reason , I have mentioned this declaration on the will, * and the signature has been affixed by (name and address); (b) The witnesses and I have signed the will; (c) * Each page of the will has been signed by and numbered; (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; (e) The witnesses met the conditions requisite to act as such according to the law under which I am acting; (f) * The testator has requested me to include the following statement concerning the safekeeping of the will:
PLACE OF EXECUTION
DATE
SIGNATURE and, if necessary, SEAL
* to be completed if appropriate
(71 Del. Laws, c. 81, § 2; 70 Del. Laws, c. 186, § 1.)
§ 256. International will — effect of certificate. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this subchapter. The absence or irregularity of a certificate does not affect the formal validity of a will under this subchapter. (71 Del. Laws, c. 81, § 2.)
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§ 257. International will — revocation. An international will is subject to the rules of revocation of wills appearing at §§ 208 and 209 of this title. (71 Del. Laws, c. 81, § 2.)
§ 258. Source and construction. Sections 251 through 257 of this title derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this subchapter, regard shall be had to its international origin and to the need for uniformity in its interpretation. (71 Del. Laws, c. 81, § 2.)
§ 259. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency. Individuals who have been admitted to practice law before the courts of this State and who are in good standing as active law practitioners in this State, are hereby declared to be authorized persons in relation to international wills. (71 Del. Laws, c. 81, § 2.)
Subchapter III
Disposition of a Person’s Last Remains
§ 260. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16]. As used in this subchapter, unless the context otherwise requires: (1) “Adult” means a natural person 18 years of age or older. (2) “Declarant” means a competent adult who signs a declaration pursuant to the provisions of this article. (3) “Declaration instrument” means a written instrument, signed by a declarant, governing the disposition of the declarant’s final remains and the ceremonies planned after a declarant’s death, including a document governing the disposition of final remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. Such a declaration may be made within a prepaid funeral, burial, cremation, or natural organic reduction contract with a mortuary, crematory, or natural organic reduction facility. (4) “Final remains” or “last remains” means the deceased’s body after death, including what results following cremation or natural organic reduction. (5) “Interested person” means the deceased’s spouse, parent, adult child, sibling, grandchild, and other person designated in a declaration instrument. (6) “Natural organic reduction” means as defined under § 3101 of Title 16. (7) “Natural organic reduction facility” means as defined under § 3101 of Title 16. (8) “Reasonable under the circumstances,” applied to the declarant’s instructions, means appropriate in relation to the declarant’s finances, cultural or family customs, and religious or spiritual beliefs. “Reasonable under the circumstances” implies consideration of factors that include, but are not limited to, a prepaid funeral, burial or cremation plan of the declarant; the size of the declarant’s estate; the declarant’s cultural or family customs; the declarant’s religious or spiritual beliefs; and the known or reasonably ascertainable creditors of the declarant. (9) a. “Third party” means a person: 1. Who is requested by a declaration instrument to act in good faith in reliance upon such instrument; 2. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument under § 264 of this title; or 3. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument. b. “Third party” includes, but is not limited to, a funeral director, mortician, mortuary, crematory, or cemetery. (10) “Unreasonable” means an act that is clearly unreasonable, pursuant to the definition of “reasonable under the circumstances” under this section. (74 Del. Laws, c. 295, § 1; 77 Del. Laws, c. 296, § 1; 84 Del. Laws, c. 261, § 9.)
§ 261. Limitations. This subchapter shall not be construed to: (1) Invalidate a declaration instrument or will, codicil, trust, power of appointment or power of attorney; (2) Invalidate any act of an agent, guardian, or conservator;
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(3) Affect any claim, right or remedy that accrued prior to June 30, 2004;
(4) Authorize or encourage acts that violate the constitution, statutes, rules, case law or public policy of Delaware or the United States;
(5) Abridge contracts;
(6) Modify the standards, ethics or protocols of the practice of medicine;
(7) Compel or authorize a health care provider or health care facility, to administer medical treatment that is medically inappropriate
or contrary to federal or other Delaware law; or
(8) Permit or authorize euthanasia or an affirmative or deliberate act to end a person’s life.
(74 Del. Laws, c. 295, § 1.)
§ 262. Declaration of disposition of last remains. The declarant may specify, in a declaration instrument, any 1 or more of the following: (1) The disposition to be made of the declarant’s last remains; (2) Who may direct the disposition of the declarant’s last remains; (3) The ceremonial arrangements to be performed after the declarant’s death; (4) Who may direct the ceremonial arrangement after the declarant’s death; or (5) The rights, limitations, immunities, and other terms of third parties dealing with the declaration instrument. (74 Del. Laws, c. 295, § 1.)
§ 263. Reliance upon declaration instruments. (a) A third party who acts in good faith reliance on a declaration instrument that is legally executed shall not be subject to civil liability to any greater extent than if the third party were dealing directly with the declarant as a fully competent and living person. Such third party shall not be subject to criminal liability or regulatory sanction for such reliance. (b) A third party who deals with a declaration instrument may presume in the absence of actual knowledge to the contrary: (1) That the declaration instrument was validly executed; and (2) That the declarant was competent at the time the instrument was executed. (c) A third party who reasonably relies on a declaration instrument shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant’s instructions in the declaration instrument. (d) The directions of a declarant expressed in a declaration instrument shall be binding on all persons as if the declarant were alive and competent. (e) A third party who has reasonable cause to question the authenticity or validity of a declaration instrument may promptly and reasonably seek additional information from the person proffering such declaration or from other involved persons. A third party may require exhibition of the original declaration instrument or a notarized copy. (f) A third party seeking to fulfill a declarant’s intent regarding disposition of last remains or ceremonial arrangements may disregard such intent if such intent is unreasonable under the circumstances. (74 Del. Laws, c. 295, § 1.)
§ 264. Right to dispose of remains. (a) The right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent’s death, in the following order: (1) The decedent if acting through a declaration instrument; (2) The surviving spouse of the decedent, if not legally separated from the decedent; (3) Either the appointed personal representative or administrator of the decedent’s estate if such person has been appointed; or the nominee for appointment as personal representative under the decedent’s will if a personal representative or administrator has not been appointed; (4) A majority of the surviving adult children of the decedent whose whereabouts are reasonably ascertainable; (5) The surviving parents or legal guardians of the decent whose whereabouts are reasonably ascertainable; (6) A majority of the surviving adult siblings of the decedent whose whereabouts are reasonably ascertainable; (7) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than 1 person of the same degree, any person of that degree may exercise the right of disposition; (8) In the absence of any person under paragraphs (a)(1) through (a)(6) of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent’s remains, including the personal representative of the decedent’s estate or the funeral director with the custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under paragraphs (a)(1) through (a)(6) of this section;
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(9) The public administrator for the decedent’s estate.
(b) To exercise the right to control final disposition pursuant to paragraph (a)(5) of this section, the majority of parents and guardians
shall act in writing. (c) If the assent of multiple persons under paragraph (a)(4), (a)(5), or (a)(6) of this section cannot be obtained, a final judgment of the Chancery Court of the county of the decedent’s residence shall be required to exercise the right to control final disposition. Such final judgment shall be consistent with the decedent’s last wishes to the extent they are reasonable under the circumstances. (d) Notwithstanding any provision of this subchapter to the contrary, a United States Department of Defense Record of Emergency Data Form (DD Form 93) executed by a declarant who thereafter dies while serving in any branch of in the United States Military, as defined 10 U.S.C. § 1481, shall constitute a valid form of declaration instrument and shall govern the disposition of such declarant’s last remains, unless a subsequent declaration instrument has been executed by the declarant. (74 Del. Laws, c. 295, § 1; 76 Del. Laws, c. 112, § 1; 77 Del. Laws, c. 296, § 2.)
§ 265. Declaration of disposition of final remains; form [For application of this section, see 84 Del. Laws, c. 261, § 16]. The following declaration of disposition of final remains must be substantially in the following form: DECLARATION OF DISPOSITION OF FINAL REMAINS I, (Name of Declarant), being of sound mind and lawful age, hereby revoke all prior declarations, wills, codicils, trusts, powers of appointment, and powers of attorney regarding the disposition of my final remains, and I declare and direct that after my death the following provisions be taken: 1. If permitted by law, my body shall be (Initial ONE choice): Buried. I direct that my body be buried at . Cremated. I direct that my cremated remains be disposed of as follows: . Subjection to natural organic reduction. I direct that my remains following natural organic reduction be disposed of as follows: . Entombed. I direct that my body be entombed at . Other. I direct that my body be disposed of as follows: . Disposed of as (Name of Designee) shall decide in writing. If is unwilling or unable to act, I nominate as my alternate designee. 2. I request that the following ceremonial arrangements be made (initial desired choice or choices): I request (Name of designee) make all arrangements for any ceremonies, consistent with my directions set forth in this declaration. If is unwilling or unable to act, I nominate as my alternate designee. Funeral. I request the following arrangements for my funeral: . Memorial Service. I request the following arrangements for my memorial service: . 3. Special Instructions. In addition to the instructions above, I request (on the following lines you may make special requests regarding ceremonies or lack of ceremonies): . Note: Those persons or entities asked to carry out a declarant’s intent regarding disposition of final remains and ceremonial arrangements need do so only if the declarant’s intent is reasonable under the circumstances. “Reasonable under the Circumstances” may take into consideration factors such as a known prepaid funeral, burial, cremation, or natural organic reduction plan of the declarant, the size of the declarant’s estate, cultural or family customs, the declarant’s religious or spiritual beliefs, the known or reasonably ascertainable creditors of the declarant, and the declarant’s financial situation prior to death. I may revoke or amend this declaration in writing at any time. I agree that a third party who receives a copy of this declaration may act according to it. Revocation of this declaration is not effective as to a third party until the third party learns of my revocation. My estate shall indemnify any third party for costs incurred as a result of claims that arise against the third party because of good-faith reliance on this declaration. I execute this declaration as my free and voluntary act, on . (Declarant) . The following section regarding organ and tissue donation is optional. To make a donation, initial the option you select and sign below. In the hope that I might help others, I hereby make an anatomical gift, to be effective upon my death, of: A. Any needed organs/tissues.
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B. The following organs/tissues:
.
Donor signature: .
Notarization Optional:
State of Delaware
County of :
Acknowledged before me by , Declarant, on , . My commission expires:
*(Stamp or Seal) Notary Public .
(74 Del. Laws, c. 295, § 1; 84 Del. Laws, c. 233, § 16; 84 Del. Laws, c. 261, § 10.)
§ 266. Declaration — other points of form. (a) The form set forth in § 265 of this title is not exclusive, and a person may use another form of declaration instrument if the wording of the form complies substantially with § 265 of this title, the form is properly completed, and the form is in writing, dated, and signed by the declarant. (b) A declaration instrument may be acknowledged, but lack of acknowledgment shall not render the declaration ineffective. (c) This subchapter shall apply to declaration instruments executed or exercised in Delaware and to declaration instruments signed or exercised by a person who is a resident of Delaware when such instrument is signed or exercised. (d) The provisions of the most recent declaration instrument shall control over any other document regarding the disposition of the last remains. (74 Del. Laws, c. 295, § 1.)
§ 267. Declaration — revocation generally. A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration instrument with the intent to revoke such instrument. (74 Del. Laws, c. 295, § 1.)
§ 268. Declaration — revocation by divorce. Unless otherwise expressly provided in a declaration instrument, a subsequent divorce, dissolution of marriage, annulment of marriage, or legal separation between the declarant and spouse automatically revokes a delegation to the declarant’s spouse to direct the disposition of the declarant’s last remains or ceremonies after the declarant’s death. This section shall not be construed to revoke the remaining provisions of the declaration instrument. (74 Del. Laws, c. 295, § 1.)
§ 269. Declaration — revocation of designee. Unless otherwise specified in the declaration instrument, if a declarant revokes a delegation to a person to direct the disposition of the declarant’s last remains or ceremonies after the declarant’s death, or if such person is unable or unwilling to serve, the nomination of such person shall be ineffective as to such person. If an alternate designee is not nominated by the declarant, § 264 of this title shall govern. This section shall not be construed to revoke the remaining provisions of the declaration instruments. (74 Del. Laws, c. 295, § 1.)
§ 270. Interstate effect of declaration. (a) Unless otherwise stated in a declaration instrument, it shall be presumed that the declarant intends to have that declarant’s own declaration instrument executed pursuant to this subchapter and recognized to the fullest extent possible by other states. (b) Unless otherwise provided in the declaration instrument, a declaration instrument or similar instrument executed in another state that complies with the requirements of this subchapter may, in good faith, be relied upon by a third party in this State if an action requested by such declarant does not violate any law of the federal government, Delaware, or a political subdivision. (74 Del. Laws, c. 295, § 1; 70 Del. Laws, c. 186, § 1.)
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Part II
Wills
Chapter 3
After-Born Children; Marriage After Will
Subchapter I
After-Born Children
§ 301. Shares of after-born children. If a testator becomes a parent of a child after making a last will and testament in which no provision, vested or contingent, was made for such child, specifically or as member of a class, by will or otherwise, then such child or any descendant of such child if such child predeceased its parent, shall take the same portion of its parent’s estate, both real and personal, that the child or descendant would have been entitled to if such parent had died intestate. This section shall not apply and no intestacy shall be created as to any child or children born after the date of the execution of a will in any case where the testator has provided in the last will and testament that the birth of any child or children subsequently shall not affect the will. (Code 1852, § 1654; Code 1915, § 3252; Code 1935, § 3716; 46 Del. Laws, c. 204, § 1; 12 Del. C. 1953, § 301; 70 Del Laws, c. 186, § 1; 85 Del. Laws, c. 156, § 1.) § 302. Raising share of after-born child. Towards the raising of the portion of an after-born child, any intestate estate of the deceased, real or personal, shall be first applied and the residue of such portion, if there be a deficiency of such intestate estate to make up the same, or the whole of the portion if there be no such intestate estate, shall be contributed proportionable by the devisees and legatees, taking under the last will and testament, out of the estate or parts devised or bequeathed to them respectively. (Code 1852, § 1655; Code 1915, § 3253; Code 1935, § 3717; 12 Del. C. 1953, § 302.) § 303. Appraisal and assignment of intestate real estate; appointment and duties of freeholders. (a) The Court of Chancery, upon the petition of any after-born child (which petition in the case of infancy shall be preferred by a guardian) setting forth the facts of the case and specifying any real or personal estate of which the deceased parent died intestate, may, by an order, appoint 5 judicious and impartial freeholders, taken from the county of the parent’s last residence or from any county where intestate real estate of the parent may be situated or from different counties, who shall go to all the lands, tenements and hereditaments, both testate and intestate, of which the deceased parent died seised and with the assistance of a skillful and impartial surveyor, by them to be nominated, if deemed necessary, shall appraise the same at the true value thereof in money and also shall ascertain and estimate the amount and value of the decedent’s clear personal estate, whether bequeathed or intestate. (b) If the intestate real estate of the deceased parent be sufficient for that purpose (subject to the rights of the surviving spouse, if there is a surviving spouse), then they shall appraise at the true value thereof in money and lay off and allot to the after-born child so much of the intestate real estate as will, in their judgment, be equal in value to what would have been such after-born child’s share of both the real and personal estate (subject as aforesaid) of the deceased parent, if such parent had died intestate; and if all the intestate real estate shall not, in the judgment of the freeholders, be equal in value (subject as aforesaid) to what would have been the after-born child’s share of the real and personal estate of the deceased parent if the parent had died intestate, then the freeholders shall appraise all the intestate real estate at the true value thereof in money and, at such appraisement, allot the same to the after-born child towards such child’s share of the deceased parent’s estate. The allotment of intestate real estate under the foregoing provisions to after-born children, where there are more than 1, shall not be made to them in severalty, but as parceners. If there shall be a surviving spouse entitled to dower or thirds in or to any portion of the deceased parent’s estate, real or personal, testate or intestate, the value of the whole estate and of the share of the after-born child shall be ascertained as aforesaid with reference to the rights and interests of such surviving spouse, in such manner as to do justice to the parties concerned and unless dower shall have been previously assigned to or released by the surviving spouse the real estate allotted to such after-born child shall be so allotted subject to such surviving spouse’s interest therein. (c) The Court of Chancery, in making the order, may add such further instructions as it deems necessary to give full effect to the foregoing provisions. (Code 1852, §§ 1656-1658; Code 1915, §§ 3254, 3255; Code 1935, §§ 3718, 3719; 12 Del. C. 1953, § 303; 57 Del. Laws, c. 402, § 3; 70 Del Laws, c. 186, § 1.) § 304. Oath of freeholders and surveyor; action by majority. The freeholders and surveyor and all persons employed in the premises shall, before entering upon their respective duties under the order of the Court of Chancery, be severally sworn or affirmed faithfully and impartially according to the best of their skill and judgment to perform the duties assigned them by the order under which they act. A majority of the freeholders may act in the premises. (Code 1852, § 1659; Code 1915, § 3256; Code 1935, § 3720; 12 Del. C. 1953, § 304; 57 Del. Laws, c. 402, § 3.)
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§ 305. Vacancies among freeholders. The Court of Chancery may fill any vacancy occurring among the freeholders. (Code 1852, § 1661; Code 1915, § 3258; Code 1935, § 3722; 12 Del. C. 1953, § 305; 57 Del. Laws, c. 402, § 3.)
§ 306. Return of freeholders; conclusiveness. The freeholders shall return their proceedings in the premises, under their hands, to the Court of Chancery at the next stated term thereof and the same, being confirmed by the Court, shall be conclusive. (Code 1852, § 1660; Code 1915, § 3257; Code 1935, § 3721; 12 Del. C. 1953, § 306; 57 Del. Laws, c. 402, § 3.)
§ 307. Contribution from devisees or legatees. If the intestate real estate, allotted under the foregoing provisions, shall not, at the appraisement thereof, be equal in value to what would have been the share of the after-born child or children of the entire estate of the deceased parent, had such parent died intestate, the deficiency shall be made up from the intestate personal estate, if any, of such parent. If there shall be no intestate personal estate or not sufficient to make up such deficiency the devisees and legatees, taking under the will of the deceased parent, shall proportionately contribute such sum or sums of money as, added to the intestate estate, will be sufficient to raise the portion of such after-born child or children. (Code 1852, § 1662; Code 1915, § 3259; Code 1935, § 3723; 12 Del. C. 1953, § 307.)
§ 308. Disposition of residue of intestate real or personal estate. Any residue of intestate estate, real or personal, remaining after an allotment is made to an after-born child or children, under the foregoing provisions, shall belong to the person as by law would have been entitled to the same if no child had been born after the making of the parent’s will. (Code 1852, § 1663; Code 1915, § 3260; Code 1935, § 3724; 12 Del. C. 1953, § 308.)
§ 309. Application of intestacy laws to lands allotted after-born children. Lands and tenements allotted to after-born children under the foregoing provisions shall be subject to all the provisions of law respecting intestate estates, as fully in all respects, as if the deceased parent had died intestate leaving no other real estate and no other issue but the children to whom the same shall be allotted. (Code 1852, § 1664; Code 1915, § 3261; Code 1935, § 3725; 12 Del. C. 1953, § 309.)
§ 310. Posthumous children. Posthumous children or children in the mother’s womb, if born alive, are within the foregoing provisions respect
Del. Code § title18
Legislative Council, General Assembly State of Delaware
Title 18
Insurance Code
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Part I
Insurance
Chapter 1
General Definitions and Provisions
§ 101. Short title. This part constitutes the Delaware Insurance Code. (18 Del. C. 1953, § 101; 56 Del. Laws, c. 380, § 1.) § 102. Definitions [For application of this section, see 79 Del. Laws, c. 172, § 6]. As used in this part: (1) An “alien” insurer is a foreign insurer formed under the laws of any country other than the United States of America, its states, districts, commonwealths and possessions. (2) An “authorized” insurer is one duly authorized to transact insurance in this State by a subsisting certificate of authority issued by the Commissioner. (3) “Balance billing” means a health-care provider’s demand that a patient pay a greater amount for a given service than the amount the individual’s insurer, managed care organization or health service corporation has paid or will pay for the service. (4) “Commissioner” means the Insurance Commissioner of this State. (5) “Department” means the Insurance Department of this State. (6) A “domestic” insurer is one formed under the laws of this State. (7) The “domicile” of an insurer means: a. As to Canadian insurers, the province in which the insurer’s head office is located; b. As to other alien insurers authorized to transact insurance in one or more states, as provided in § 532 (retaliatory provision) of this title; c. As to alien insurers other than those referred to in paragraph (7)a. or b. of this section above, the country under the laws of which the insurer was formed; d. As to all other insurers, the state under the laws of which the insurer was formed. (8) A “foreign” insurer is one formed under the laws of any jurisdiction other than this State. (9) “Insurance” means a contract whereby one undertakes to pay or indemnify another as to loss from certain specified contingencies or perils, called “risks,” or to pay or grant a specified amount or determinable benefit in connection with ascertainable risk contingencies or to act as surety. (10) “Insurer” includes every person engaged as principal and as indemnitor, surety or contractor in the business of entering into contracts of insurance; provided that with respect to a corporation established under Chapter 7 of Title 5, “insurer” means an insurance department or division of such corporation (but not the corporation itself) which maintains separate books and records in the same manner and to the same extent as if it were a separately incorporated subsidiary of such corporation, with separate capital accounts, assets and liabilities. (11) “Person” means corporations, companies, associations, firms, partnerships, societies and joint stock companies and individuals as is provided in § 302 of Title 1. In addition, “person” includes trustees of common law trusts, syndicates, organizations, statutory trusts, business trusts, attorneys-in-fact and every natural or artificial legal entity. (12) “Religious employer” means an employer that is both of the following: a. A church, convention, association of churches, or elementary or secondary school that is controlled, operated, or principally supported by a church or convention or association of churches. b. Qualified as a tax-exempt organization under 26 U.S.C. § 501(c) (3). (13) “Third-party administrator” shall mean a person, firm or entity who directly or indirectly underwrites, collects charges or premiums from, or who approves, denies, adjusts or settles claims on residents of this State, in connection with health coverage offered or provided by an insurer. A third-party administrator shall be subject to the jurisdiction of the Department of Insurance. A third-party administrator shall not include any person, firm or entity who operates a billing and/or paying service only and who does not perform any of the other functions of a third-party administrator described above. Additionally, a third-party administrator shall not include any person, firm or entity which holds a certificate of authority as an insurer, health service corporation, MCO, or HMO under this title. The Commissioner shall promulgate regulations which shall provide for the registration, licensing and regulation of third-party administrators and enforcement of applicable provisions of this title to third-party administrators. Third-party administrators doing business in this State shall pay all fees and costs for registration as provided for in this title and shall pay all costs for examination, assessments, fines and/or penalties as provided for in this title or as the Commissioner shall establish by regulation. All revenues from the application of this provision to third-party administrators shall be deposited in accordance with the provisions of § 305 of this title. (18 Del. C. 1953, § 102; 56 Del. Laws, c. 380, § 1; 67 Del. Laws, c. 223, § 17; 73 Del. Laws, c. 96, § 3; 73 Del. Laws, c. 329, § 60; 74 Del. Laws, c. 157, § 4; 79 Del. Laws, c. 172, § 4; 84 Del. Laws, c. 336, § 1; 84 Del. Laws, c. 402, § 2.)
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§ 103. “Transacting insurance” defined. In addition to other aspects of insurance operations to which provisions of this title by their terms apply, “transact” with respect to a business of insurance includes any of the following: (1) Solicitation or inducement; (2) Negotiations; (3) Effectuation of a contract of insurance; (4) Transaction of matters subsequent to effectuation and arising out of such a contract. (18 Del. C. 1953, § 103; 56 Del. Laws, c. 380, § 1.) § 104. Application of Code as to particular types of insurers. No provision of this title shall apply with respect to: (1) Domestic mutual assessment property insurers, except as stated in Chapter 53 (Mutual Assessment Property Insurers) of this title; (2) Domestic mutual benefit associations, except as stated in Chapter 55 (Mutual Benefit Associations) of this title; (3) Fraternal benefit societies, except as stated in Chapter 62 (Fraternal Benefit Societies) of this title. (18 Del. C. 1953, § 104; 56 Del. Laws, c. 380, § 1; 66 Del. Laws, c. 401, § 1; 69 Del. Laws, c. 111, § 2.) § 105. Particular provisions prevail. Provisions of this title as to a particular kind of insurance, type of insurer or matter shall prevail over provisions relating to insurance, insurers or matters in general. (18 Del. C. 1953, § 105; 56 Del. Laws, c. 380, § 1.) § 106. General penalty. (a) Each violation of this title for which a greater penalty is not provided by a provision of this title or other applicable laws of this State, in addition to any applicable prescribed denial, suspension or revocation of certificate of authority or license shall, upon conviction thereof, subject the violator to a fine of not more than $2,300 or imprisonment of not more than 1 year, or both, except that if the violator is a corporation, the fine shall be not more than $6,900 as to each violation. Any director, officer, manager, employee or representative of a corporation shall be subject to fine and imprisonment as above provided. (b) Prosecutions for any such violation shall be brought in the Superior Court of the county in which the offense occurred. (c) At the discretion of the Commissioner and the Attorney General, any fine provided for above may be recovered on behalf of the State by a civil action brought against the violator. (18 Del. C. 1953, § 106; 56 Del. Laws, c. 380, § 1; 58 Del. Laws, c. 278, § 1; 67 Del. Laws, c. 260, § 1.) § 107. Electronic notices and documents. (a) In this section, the following words shall have the following meanings: (1) “Delivered by electronic means” includes: a. Delivery to an electronic mail address at which a party has consented to receive notice; or b. Posting on an electronic network, together with separate notice to a party directed to the electronic mail address at which the party has consented to receive notice of the posting. (2) “Party” means an applicant, an insured, or a policyholder. (b) Subject to subsection (d) of this section, any notice to a party or any other document required under this title in an insurance transaction may be delivered by electronic means so long as it meets the requirements of the Uniform Electronic Transactions Act (§ 12A-101 et seq. of Title 6). (c) Delivery of a notice or document in accordance with this section shall be considered equivalent to any delivery method required under this title, including delivery by first class mail, certified mail, certificate of mail, or certificate of mailing. (d) A notice or document may be delivered by electronic means by an insurer to a party under this section if: (1) The party has affirmatively consented to that method of delivery and has not withdrawn the consent; (2) The party, before giving consent, is provided with a clear and conspicuous statement informing the party of: a. Any right or option of the party to have the notice provided or made available in paper or another nonelectronic form. b. The right of the party to withdraw consent to have notice or a document delivered by electronic means and any fees, conditions, or consequences imposed in the event consent is withdrawn; c. Whether the party’s consent applies: 1. Only to the particular transaction as to which the notice or document must be given; or 2. To identified categories of notices or documents that may be delivered by electronic means during the course of the parties’ relationship;
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d. 1. The means, after consent is given, by which a party may obtain a paper copy of a notice or document delivered by electronic
means; and
2. The fee, if any, for the paper copy; and
e. The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to
update information needed to contact the party electronically;
(3) The party:
a. Before giving consent, is provided with a statement of the hardware and software requirements for access to and retention of
a notice or document delivered by electronic means; and
b. Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates that the party can access
information in the electronic form that will be used for notices or documents delivered by electronic means as to which the party
has given consent; and
(4) After consent of the party is given, the insurer, in the event a change in the hardware or software requirements needed to access
or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain
a subsequent notice to which the consent applies.
a. Provides the party with a statement of:
1. The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic
means;
2. The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed
under paragraph (d)(2)b. of this section; and
b. Complies with paragraph (d)(2) of this section.
(e) This section does not affect requirements related to content or timing of any notice or document required under this title.
(f) If a provision of this title requiring a notice or document to be provided to a party expressly requires verification or acknowledgment
of receipt of the notice or document, the notice or document may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt. (g) The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with paragraph (d)(3)b. of this section. (h) (1) A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective. (2) A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the insurer. (3) Failure by an insurer to comply with paragraph (d)(4) of this section may be treated, at the election of the party, as a withdrawal of consent for purposes of this section. (i) This section does not apply to a notice or document delivered by an insurer in an electronic form before May 22, 2012, to a party who, before that date, has consented to receive notice in an electronic form otherwise allowed by law. (j) If the consent of a party to receive notice or document in an electronic form is on file with an insurer before May 22, 2012, the insurer shall notify the party of: (1) The notices or documents that may be delivered by electronic means under this section; and (2) The party’s right to withdraw consent to have notices or documents delivered by electronic means. (k) (1) Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party can be reliably stored and reproduced by an insurer, the oral communication or recording may qualify as a notice or document delivered by electronic means for purposes of this section. (2) If a provision of this title requires a signature or record or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the record or document. (l) This section may not be construed to modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act, Public Law 106-229 [15 U.S.C. § 7001 et seq.], as amended. (m) The provisions of this section shall apply to any regulatory requirement of or transaction with, the Department of Insurance which requires the filing or exchange of documents, notices, waivers, or forms. (78 Del. Laws, c. 247, § 1.)
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Part I
Insurance
Chapter 3
The Insurance Commissioner
§ 301. Commissioner; election; term. (a) The Insurance Commissioner shall be the chief officer of the Insurance Department. (b) The Commissioner shall be elected by the qualified electors of the State at a general election for a term of 4 years and shall be commissioned by the Governor. (c) Subject to prior qualification by the oath required by § 302 of this title, the Commissioner shall assume office on the 1st Tuesday of January after election. The Commissioner shall hold office for the term for which elected and thereafter as provided by article XV, § 5, of the Delaware Constitution. (18 Del. C. 1953, § 302; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1.) § 302. Oath. Before entering upon the duties of office the Commissioner shall take and subscribe the oath or affirmation prescribed by article XIV of the Delaware Constitution. (18 Del. C. 1953, § 303; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 303. Removal; vacancy. (a) The Commissioner may be removed from office for reasonable cause, as provided by article III, § 13, of the Delaware Constitution. (b) A vacancy in the office of Commissioner shall be filled by appointment by the Governor, as provided in article III, § 9, of the Delaware Constitution. (18 Del. C. 1953, § 305; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1.) § 304. Seal. The Commissioner shall have a seal of office of a suitable design and bearing the words “Insurance Commissioner of the State of Delaware.” (18 Del. C. 1953, § 306; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1.) § 305. Office; Insurance Commissioner Regulatory Revolving Fund. (a) The Department may operate 3 offices, the principal office in the Dover area and branch offices in Wilmington and Sussex County. (b) 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. (c) (1) All of the following must be collected by the Commissioner pursuant to this title and deposited in the State Treasury to the credit of said 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: a. Supervisory assessments. b. Examination fees. c. Rate filing and form filing fees paid by insurers. d. Fifteen percent of all licensing fees of insurance professionals collected pursuant to § 701(23) through (31), (35) through (37), (41) and (42) of this title. (2) Except as otherwise provided by law, other fees and taxes collected by the Commissioner may not be deposited in said Fund but shall be deposited in the General Fund of the State. (d) Funds in the Insurance Commissioner Regulatory Revolving Fund shall be used by the Commissioner in the performance of the various functions and duties involved in the oversight of insurance companies as provided by law, subject to annual appropriations by the General Assembly for salaries and other operating expenses of the office. (e) The maximum unencumbered balance which shall remain in the Insurance Commissioner Regulatory Revolving Fund at the end of any fiscal year is $5,000,000. At the end of each fiscal year, the unencumbered balance in the Insurance Commissioner Regulatory Revolving Fund in excess of $5,000,000 must be transferred to the General Fund. (18 Del. C. 1953, § 308; 56 Del. Laws, c. 380, § 1; 60 Del. Laws, c. 283, § 1; 65 Del. Laws, c. 4, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 74, § 99; 74 Del. Laws, c. 68, § 77; 75 Del. Laws, c. 89, § 116; 81 Del. Laws, c. 109, § 1; 85 Del. Laws, c. 12, § 1.)
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§ 306. Deputy Commissioner. (a) The Commissioner may appoint and may remove a Deputy. Before entering upon the duties of office the Deputy shall take and file the constitutional oath of office. (b) The Deputy may exercise such powers and discharge such duties as the Commissioner may authorize. (c) The Deputy shall devote full time to the Department, shall not engage in any other insurance-related activity for fee or compensation and the State shall pay a salary at the rate provided by law in full compensation for all services. (18 Del. C. 1953, § 309; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 307. Staff. (a) The Commissioner may appoint and fix the compensation of such examiners, clerks, technical and professional personnel, and other necessary assistants as conduct of the office may require and may revoke such appointments. (b) The Commissioner may from time to time contract for and procure such additional and independent actuarial, rating, legal and other technical and professional services as may be required for discharge of the duties of the office. (18 Del. C. 1953, § 310; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 308. Prohibited interest; rewards. (a) The Commissioner, the Commissioner’s Deputy, or any examiner, assistant or employee of the Department, shall not be connected with the management of, nor have a material financial interest in, directly or indirectly, any insurer, insurance agency, or broker or insurance transaction, except as policy holder or claimant under a policy; except that as to matters wherein a conflict of interest does not exist on the part of any such individual, the Commissioner may employ or retain from time to time insurance actuaries, examiners, accountants, attorneys or other technicians, who are independently practicing their profession even though from time to time they are similarly employed or retained by insurers or others. (b) The Commissioner, the Commissioner’s Deputy, or any examiner, assistant, employee or technician retained by the Department, shall not be given nor receive, directly or indirectly, any fee, compensation, loan, gift or other thing of value, in addition to the compensation and expense allowance provided by or pursuant to the law of this State, or by contract with the Commissioner, for any service rendered or to be rendered as such Commissioner, Deputy, examiner, assistant, employee, or technician, or in connection therewith. (c) Subsection (a) of this section shall not be deemed to prohibit receipt by any such person of fully vested commissions or fully vested retirement benefits to which entitled by reason of services performed prior to becoming Commissioner or prior to employment by the Commissioner. (d) This section shall not be deemed to prohibit appointment and functioning of the Commissioner as process agent of insurers or of nonresident licensees as provided for in this title. (18 Del. C. 1953, § 311; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 309. Delegation of powers; duties. (a) The Commissioner may delegate to the Commissioner’s Deputy, authorized representative, examiner or an employee of the Department the exercise or discharge in the Commissioner’s name of any power, duty or function, whether ministerial, discretionary or of whatever character vested in or imposed upon the Commissioner under this title. (b) The official act of any such person acting in the Commissioner’s name and by the Commissioner’s authority shall be deemed an official act of the Commissioner. (18 Del. C. 1953, § 312; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 46, § 1; 80 Del. Laws, c. 376, § 1.) § 310. General powers; duties. (a) The Commissioner shall enforce and execute the duties imposed by this title. (b) The Commissioner shall have the powers and authority expressly vested by or reasonably implied from this title. (c) With respect to enforcement of the payment of fees, charges and taxes, all the provisions of law conferring powers and duties upon the State Treasurer shall also apply to the Commissioner. (d) The Commissioner shall have such additional rights, powers and duties as may be provided by other laws of this State. (18 Del. C. 1953, § 313; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1.) § 311. Rules and regulations; promulgation; violation. (a) The Commissioner may make reasonable rules and regulations necessary for, or as an aid to, the administration or effectuation of any provision of this title. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof. (b) The Commissioner shall adopt and promulgate rules and regulations in accordance with the procedures set forth in the state Administrative Procedures Act, Chapter 101 of Title 29.
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(c) Wilful violation of any such rule or regulation shall subject the violator to such suspension or revocation of certificate of authority
or license, or to such administrative fine in lieu thereof, as may be applicable under this title, for violation of the provision to which such rule or regulation relates; but no penalty shall apply to any act done or omitted in good faith in conformity with any such rule or regulation, notwithstanding that such rule or regulation, after such act or omission, may be amended or rescinded or determined by judicial or other authority to be invalid for any reason. (18 Del. C. 1953, § 314; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1.) § 312. Orders, notices in general. (a) Orders and notices of the Commissioner shall be effective only when in writing signed by the Commissioner or by the Commissioner’s authority. (b) Except as otherwise expressly provided by law as to particular orders, every order of the Commissioner shall state its effective date and shall concisely state: (1) Its intent or purpose; (2) The grounds on which based; (3) The provisions of this title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the Commissioner of the right to rely thereon except where expressly provided to the contrary. (c) Except as may be provided by particular law or regulation, any order, notice, bulletin or the like may be given to the person or persons affected thereby by any 1 or more of the following methods: (1) First-class or bulk mail, postage prepaid, addressed to such person at the person’s principal place of business or residence as last of record in the Department. Delivery of said item shall be deemed to have been given when deposited in a mail depository of the United States Postal Service; (2) By receipted ground or air commercial delivery service. Delivery of said item shall be deemed to have been given when a receipt therefor is obtained from said commercial delivery service; (3) By publication in the Register of Regulations; or (4) By publication on the Internet, including but not limited to the Department’s webpage, the webpage of the National Association of Insurance Commissioners (NAIC), and the webpage of the National Insurance Producer Registry (NIPR). (18 Del. C. 1953, § 315; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 312, § 72.) § 313. Enforcement through Attorney General. (a) The Commissioner, through the Attorney General of this State, may invoke the aid of the Superior Court, through proceedings instituted in any county of this State, to enforce any lawful order made or action taken by the Commissioner. In such proceedings the Superior Court may make such orders, either preliminary or final, as it deems proper under the facts established before it. (b) If the Commissioner has reason to believe that any person has violated this title or any other law applicable to insurance operations, for which criminal prosecution is provided, and, in the Commissioner’s opinion, would be in order, the Commissioner shall give the information relative thereto to the Attorney General. The Attorney General shall promptly institute such action or proceedings against such person as in the Attorney General’s opinion the information may require or justify. (c) The Attorney General upon request of the Commissioner is authorized to proceed in the courts of any other state or in any federal court or agency to enforce an order or decision of any court proceeding or in any administrative proceeding before the Commissioner. (18 Del. C. 1953, § 316; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 314. Records; inspection; destruction. (a) The Commissioner shall carefully preserve in the Department and in permanent form all papers and records relating to the business of the Department and shall hand the same over to the successor in office. (b) The Commissioner shall permit inspection of the papers, records, and filings in the Department in accordance with this State’s Freedom of Information Act laws (Chapter 100 of Title 29). (c) The Commissioner may destroy unneeded or obsolete records and filings in the Department in accordance with provisions and procedures applicable to administrative agencies of this State in general. (d) Nothing in this title shall prohibit the storage of documents and records by use of electronic means or media. (18 Del. C. 1953, § 317; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 312, § 1.) § 315. Official documents, certified copies; use as evidence. Any instrument duly executed by the Commissioner, and authenticated by the Commissioner’s seal of office, shall be received in evidence in the courts of this State, and copies of papers and records in the Department so authenticated shall be received as evidence with the same effect as the originals. (18 Del. C. 1953, § 318; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.)
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§ 316. Interstate cooperation. (a) The Commissioner shall communicate, on request of the insurance supervisory official of any state, province or country, any information which it is the Commissioner’s duty by law to ascertain respecting authorized insurers. Any communication of documents, materials or other information, including confidential and privileged documents, materials or information, shall be in accordance with the provisions of this section, and any other applicable provisions of this title. (b) The Commissioner may be a member of the National Association of Insurance Commissioners, the International Association of Insurance Supervisors or any successor organization and may participate in and support other cooperative activities of public officials having supervision of the business of insurance. (c) The Commissioner may enter into agreements governing sharing, confidentiality, security and use of information consistent with this section and other applicable provisions of this title. The Commissioner shall maintain, as confidential, any confidential documents or information received from the National Association of Insurance Commissioners or the International Association of Insurance Supervisors, and such documents and information shall not be subject to subpoena and may not be made public by the Commissioner or any other person unless the prior written consent of the entity providing the documents or information and the company to which it pertains has been obtained. In addition, any documents or information received by the Commissioner from state or federal insurance, banking or securities regulators or similar regulators in a foreign country which are confidential in such jurisdictions shall be maintained as confidential by the Commissioner, shall not be subject to subpoena and may not be made public by the Commissioner or any other person unless the prior written consent of the entity providing the documents or information and the company to which it pertains has been obtained. The Commissioner may share any information, including confidential information, with the National Association of Insurance Commissioners, the International Association of Insurance Supervisors, or state or federal insurance, banking or securities regulators or similar regulators in a foreign country so long as the Commissioner determines that such entities agree to maintain the same level of confidentiality in their jurisdictions as is available in this State and are authorized to do so. (18 Del. C. 1953, § 320; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 208, § 1.)
§ 317. Investigations authorized. In addition to examinations and investigations expressly authorized, the Commissioner may conduct such investigations of insurance matters as the Commissioner may deem proper, upon reasonable cause, to determine whether any person has violated this title or to secure information useful in the lawful administration of any such provision. Except as otherwise provided in this title, the cost of such investigations shall be borne by the State. (18 Del. C. 1953, § 321; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.)
§ 318. Examination of insurers. (a) The Commissioner or any of the Commissioner’s examiners may conduct an examination under this section of any company as often as the Commissioner in the Commissioner’s sole discretion deems appropriate, but shall, at a minimum, conduct an examination of every insurer licensed in this State but not less frequently than every 5 years. In scheduling and determining the nature, scope and frequency of the examinations, the Commissioner shall consider such matters as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants and other criteria as set forth in the Examiner’s Handbook adopted by the National Association of Insurance Commissioners and in effect when the Commissioner exercises discretion under this section. Examination of an alien insurer shall be limited to its insurance transactions, assets, trust deposits and affairs in the United States except as otherwise required by the Commissioner. (b) The Commissioner shall examine, in like manner, each insurer applying for an initial certificate of authority to transact insurance in this State. (c) In lieu of making an examination, the Commissioner may accept, in the Commissioner’s discretion, a full report of the most recent examination of a foreign or alien insurer, certified to by the insurance supervisory official of another state. (d) As far as practical, the examination of a foreign or alien insurer shall be made in cooperation with the insurance supervisory officials of other states in which the insurer transacts business. (e) In lieu of an examination under this section of any foreign or alien insurer licensed in this State, the Commissioner may accept an examination report on such company as prepared by the insurance department for the company’s state of domicile or port-of-entry state, so long as: (1) The insurance department, at the time of the examination, was accredited under the National Association of Insurance Commissioners’ Financial Regulation Standards and Accreditation Program; or (2) The examination is performed under the supervision of an accredited insurance department, or with the participation of 1 or more examiners, who are employed by such an accredited state insurance department, and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.
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(f) The Commissioner shall also conduct examinations as required by § 2301E of Title 19 [repealed]. (18 Del. C. 1953, § 322; 56 Del. Laws, c. 380, § 1; 68 Del. Laws, c. 51, § 1; 69 Del. Laws, c. 92, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 55, § 6.) § 319. Examination of agents, promoters and others. For the purpose of ascertaining compliance with law or relationships and transactions between any such person and any insurer or proposed insurer, the Commissioner may examine, as often as the Commissioner deems advisable, the accounts, records, documents and transactions pertaining to or affecting insurance affairs or proposed insurance affairs of: (1) Any insurance agent, solicitor, broker, general agent, adjuster, insurer representative or person holding oneself out as any of the foregoing; (2) Any person having a contract under which the person enjoys in fact the exclusive or dominant right to manage or control an insurer; (3) Any person holding the shares of voting stock or the policyholder proxies of a domestic insurer for the purpose of controlling the management thereof, as voting trustee or otherwise; (4) Any person in this State, who is engaged in, or proposing to be engaged in, holding oneself out as engaging, proposing or assisting in the promotion, formation or financing of an insurer, insurance holding corporation, corporation or other group, to finance an insurer or the production of its business. (18 Del. C. 1953, § 323; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 320. Conduct of examination; access to records; correction. (a) The Commissioner shall conduct each examination in an expeditious, fair, and impartial manner. Upon determining that an examination should be conducted, the Commissioner or the Commissioner’s designee shall issue an examination warrant appointing 1 or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the Examiner’s Handbook adopted by the National Association of Insurance Commissioners. The Commissioner may also employ such other guidelines or procedures as the Commissioner may deem appropriate. (b) Upon any such examination the Commissioner or examiner may examine, under oath, any officer, agent or other individual believed to have material information regarding the affairs under examination. (c) Every person being examined, the person’s officers, attorneys, employees, agents and representatives, shall make freely available to the Commissioner, or the Commissioner’s examiners, the accounts, records, documents, files, information, assets and matters of such person, in the person’s possession or control, relating to the subject of the examination and shall facilitate the examination. (d) If the Commissioner or examiner finds any accounts or records to be inadequate or inadequately kept or posted, the Commissioner may employ experts to reconstruct, rewrite, post or balance them at the expense of the person being examined if such person has failed to maintain, complete or correct such records or accounting, after the Commissioner or examiner has given the person written notice and a reasonable opportunity to do so. (e) Neither the Commissioner, nor any examiner, shall remove any record, account, document, file or other property of the person being examined from the offices or place of such person, except with the written consent of such person in advance of such removal or pursuant to an order of court duly obtained. This provision shall not be deemed to affect the making and removal of copies or abstracts of any such record, account, document or file. (18 Del. C. 1953, § 324; 56 Del. Laws, c. 380, § 1; 68 Del. Laws, c. 51, § 2; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 321. Examination report. (a) The Commissioner or the Commissioner’s examiner shall make a full and true written report of every such examination made by the Commissioner or the Commissioner’s examiner and shall therein certify under oath the report and findings. (b) The report shall contain only information appearing upon the books, records, documents and papers of, or relating to, the person or affairs being examined or ascertained from testimony of individuals under oath concerning the affairs of such person, together with such conclusions and recommendations as may reasonably be warranted by such information. (c) No later than 60 days following the completion of the examination, the examiner in charge shall file with the Department a verified written report of examination under oath. Upon receipt of the verified report, the Department shall transmit the report to the company examined, together with a notice which shall afford the company examined a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report. If the company so requests in writing within such 30-day period, the Commissioner shall grant a hearing as to the report and shall not file the report until after the hearing and after such modifications have been made therein as the Commissioner deems proper. (d) [Repealed.] (e) The report when so filed shall be admissible in any action or proceeding brought by the Commissioner against the person examined or against its officers, employees or agents. In any such action or proceeding, the Commissioner or the Commissioner’s examiners may, however, at any time testify and offer proper evidence as to information secured or matters discovered during the course of the examination, whether or not a written report of the examination has been either made, furnished or filed with the Department.
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(f) The Commissioner may withhold from public inspection any examination or investigation report for so long as the Commissioner
deems such withholding to be necessary for the protection of the person examined against unwarranted injury or to be in the public interest. (g) All working papers, recorded information, documents and copies thereof produced by, obtained by, or disclosed to the Commissioner or any other person in the course of an examination made under this chapter, or in the course of analysis by the Commissioner of the financial condition or market conduct of a company, shall be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person except to insurance departments of any state or country, or to law-enforcement officials of this or any other state or agency of the federal government at any time, so long as such agency or office receiving the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this section, unless the prior written consent of the company to which it pertains has been obtained. (h) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information occurs as a result of disclosure to the Commissioner under this section. (18 Del. C. 1953, § 325; 56 Del. Laws, c. 380, § 1; 68 Del. Laws, c. 51, § 3; 69 Del. Laws, c. 92, §§ 2,3; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 208, § 2; 83 Del. Laws, c. 106, § 1; 85 Del. Laws, c. 180, § 1.) § 322. Examination expense. (a) The expense of examination of an insurer or of any person referred to in § 319(2) of this title (management or control of an insurer under contract) or § 319(4) of this title (promoters, etc.) shall be borne by the person examined. Such expense shall include only the reasonable and proper expenses of the Commissioner, and the Commissioner’s examiners and assistants, including expert assistance, and a reasonable per diem as to such examiners and assistants as necessarily incurred in the examination. (b) Such person examined shall promptly pay the examination expense upon presentation by the Commissioner, or the Commissioner’s examiner, of a reasonably detailed written account thereof. (18 Del. C. 1953, § 326; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 323. Administrative procedures; hearings in general. (a) The Commissioner may hold a hearing without request by others for any purpose within the scope of this title. (b) The Commissioner shall hold a hearing: (1) If required by any other provision of this title; or (2) Upon written application for a hearing by a person aggrieved by any act, threatened act or failure of the Commissioner to act, or by any report, rule, regulation or order of the Commissioner (other than an order for the holding of a hearing, or order on a hearing, or pursuant to such order, of which hearing such person had notice). Any such application must be filed in the Department within 90 days after such person knew or reasonably should have known of such act, threatened act, failure, report, rule, regulation or order, unless a different period is provided for by other laws applicable to the particular matter and, in which case, such other law shall govern. (c) Any such application for a hearing shall briefly state the respects in which the applicant is so aggrieved, together with the grounds to be relied upon as a basis for the relief to be sought at the hearing. (d) If the Commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if the grounds are established and that such grounds otherwise justify the hearing, the Commissioner shall hold the hearing within 30 days after filing of the application unless postponed by mutual consent. Failure to hold the hearing upon application of a person entitled, as hereinabove provided, shall constitute a denial of the relief sought and shall be the equivalent of a final order of the Commissioner on hearing for the purpose of an appeal under § 328 of this title. (e) Pending the hearing and decision, the Commissioner may suspend or postpone the effective date of the previous action. (f) To the extent that it does not conflict with the provisions of this chapter, the Administrative Procedures Act, Chapter 101 of Title 29, shall govern all aspects of the Department’s administrative proceedings, including, but not limited to, the following: (1) Notice of hearing; (2) Conduct of hearing; (3) Ex parte consultations; (4) Proposed order; (5) Record retention; and (6) Decision and final order. (18 Del. C. 1953, § 327; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.) § 324. Notice of hearing. (a) Except where a longer period is expressly provided in this title, the Commissioner shall give written notice of the hearing to all parties not less than 20 days in advance. (b) If any such hearing is to be held for consideration of rules and regulations of the Commissioner or of other matters which, under subsection (a) of this section, would otherwise require separate notices to more than 30 persons, in lieu of other notice the Commissioner
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may give notice of the hearing by publication in a newspaper of general circulation in this State, at least once each week during the 4 weeks immediately preceding the week in which the hearing is to be held; except that the Commissioner shall mail such notice to all persons who have requested the same in writing in advance and have paid to the Commissioner the reasonable amount fixed by the Commissioner to cover the cost thereof. (18 Del. C. 1953, § 328; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1.)
§ 325. Conduct of hearing. The Commissioner may hold a hearing in Dover or any other place of convenience to parties and witnesses as the Commissioner determines. The Commissioner, or the Commissioner’s designee, s
Del. Code § title22
Legislative Council, General Assembly State of Delaware
Title 22
Municipalities
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PROVISIONS
GENERAL
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1
Chap.
Chapter 1
GENERAL PROVISIONS
§ 101 Annexation by city or town. ---Any city or town proposing to extend its boundaries, irrespective of any municipal charter provisions, whether such extension is proposed by action of the General Assembly or pursuant to the provisions of a home rule charter, except any proposed annexation that has been submitted to the Office of State Planning Coordination prior to July 13, 2001, for review, shall conform to the following provisions: ---(1) All annexations must be consistent with the most recently adopted municipal comprehensive plan meeting the requirements of Chapter 7 of this title. The area or areas being considered must be depicted as area or areas for future annexation on the adopted plan. If a municipality does not have an adopted comprehensive plan, or if its adopted comprehensive plan does not depict areas for future annexation, it shall prepare and adopt a plan or plan amendment within 12 months of July 13, 2001. The municipality shall not approve any annexations until such plan or plan amendment is adopted, notwithstanding any other charter provisions; except that during the 12- month period a municipality may consider an annexation of already developed parcels where the proposed use or uses will not change from that currently authorized in the adjacent jurisdiction and where the primary purpose of the annexation is to address existing public health or safety issues such as, but not limited to, failing on-site wastewater disposal systems or contaminated or inadequate drinking water. In such cases, paragraphs (2) through (5) of this section shall not apply. ---(2) Anything in this chapter or in any municipal charter notwithstanding, a municipal corporation shall have the ability to annex a parcel only if and to the extent that such parcel is contiguous with existing municipal boundaries. “Contiguous” means that a part of the boundary of the parcel sought to be annexed by a municipal corporation is conterminous with a part of the boundary of the municipal corporation. The separation of the parcel sought to be annexed from the annexing municipal corporation by (i) a right of way for a highway, road railroad, canal or utility, or (ii) a body of water or watercourse, running parallel with and between the parcel sought to be annexed and the annexing municipality shall not prevent annexation pursuant to this section; provided, however, that nothing herein shall be construed to allow rights of way, utility easements, waterways or like entities to be annexed in corridor fashion or to be utilized as a corridor route for annexation to gain contiguity. ---(3) A city or town shall prepare a plan of services indicating those services it expects to provide to the newly annexed area, how such services will be provided, and the fiscal and operating capabilities of the municipality to provide such services. Should any services be provided by another jurisdiction or a public utility regulated by the Delaware Public Service Commission, the written comments of such provider on the provider’s ability to provide the necessary services for the proposed annexation shall be obtained and included in the plan of services. The study shall be conducted in accordance with standards or criteria established by the Cabinet Committee on State Planning Issues as administered by the Office of State Planning Coordination. ---(4) At the time of annexation the jurisdiction shall by ordinance rezone the area being annexed to a zoning classification consistent with the adopted comprehensive plan or development strategy. ---(5) A municipality proposing annexation must fully comply with the provisions of Chapter 92 of Title 29 as to state notice, and must demonstrate that it has notified all other affected jurisdictions, conducted a public hearing, and provided a comment period of at least 30 days before formal annexation. The city or town proposing annexation shall file with the State Office of Planning Coordination any written comments received concerning such proposed annexation together with any response or responses thereto. ---(6) The Office of State Planning Coordination. shall establish a mechanism for resolving disputes between jurisdictions regarding annexations. The mechanism developed by the Office of State Planning Coordination shall address: ---a. Determination of how the costs for the dispute resolution process are born among the parties; ---b. Timeline for the dispute resolution process; and ---c. Extent to which the dispute resolution process will be enforceable. (42 Del. Laws, c. 120, § 1; 22 Del. C. 1953, § 101; 55 Del. Laws, c. 265; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 186, § 10; 73 Del. Laws, c. 213, § 1; 78 Del. Laws, c. 92, § 25.) § 101A Annexation by large municipalities; special elections. ---(a) Any municipality in the State having a population in excess of 50,000, as enumerated in the most recent federal census, may extend the boundary limits of the municipality so as to include any portion of adjoining or adjacent territory, under the following terms and conditions: ---(1) The annexation process under this section shall only be initiated by a written petition to annex adjacent or adjoining territory submitted by the municipality’s chief executive officer, or by member or members of the municipality’s legislative body, or by at least 25% of the qualified voters in the territory. The petition to annex, containing a general description of the territory, must be filed with the clerk of the municipality or equivalent municipal officer who is the keeper of official municipal legislative records and with the equivalent clerk or officer of the county in which the territory is situated. ---(2) Upon the filing of a petition under paragraph (a)(1) of this section, the annexation must be approved in the following order: ---a. The legislative body of the municipality must enact an ordinance approving the proposed annexation. The ordinance must provide a legal description of the territory, adopt the corresponding changes to the boundaries of the municipality and contain such
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other provisions as may be required by law.
---b. The chief executive officer of the municipality must approve the proposed annexation, as evidenced by the chief executive
officer’s actual signature approving the ordinance enacted by the municipality’s legislative body pursuant to paragraph (a)(2)a. of this
section.
---c. The legislative body of the county in which the territory is situated must enact an ordinance approving the proposed annexation.
The ordinance may incorporate by reference all or a portion of the ordinance enacted by the municipality’s legislative body pursuant
to paragraph (a)(2)a. of this section.
---d. The chief executive officer of the county in which the territory is situated must approve the proposed annexation, as evidenced
by the chief executive officer’s actual signature approving the ordinance enacted by the county’s legislative body pursuant to
paragraph (a)(2)c. of this section.
---e. A majority of the qualified voters in each parcel of the territory, voting in a special election held by the proper election official,
must approve of the annexation. Such special election shall be held not less than 30 days nor later than 60 days following the date of
approval of the county ordinance by the chief executive officer of the county pursuant to paragraph (a)(2)d. of this section.
---f. If the proper election official certifies that the results of the special election indicate that a majority of the qualified voters in each
parcel of the territory who voted in such election approved of the proposed annexation, the annexation shall become effective on the
first day of the month immediately following such certification.
---(b) If either legislative body shall fail to enact the respective ordinances required under paragraphs (a)(2)a. and c. of this section, or if either chief executive officer shall fail to approve such respective ordinances as required by paragraphs (a)(2)b. and d. of this section, or if the certification of the votes cast in the special election shall indicate that a majority of the qualified voters in each parcel of the territory who voted in such election was against the annexation of the territory, the proposed annexation of the territory shall be declared to have failed. Nothing in this section shall prohibit any interested party from resubmitting a petition for annexation of the territory, or any portion thereof, under the authority of and in accordance with this section. ---(c) The following definitions shall apply to this section: ---(1) “Adjacent” means to lie upon or touch the boundary of the municipality. ---(2) “Adjoining,” in addition to its general meaning, shall also mean to lie upon or touch a highway, railroad right-of-way, or watercourse which lies upon the boundary line of the municipality and separates the municipality and the territory by only the width of such highway, railroad right-of-way or watercourse. If more than 1 highway and/or railroad right-of-way and/or watercourse, or any combination of the same, separates the municipality and the territory, and such highways and/or railroad rights-of-way and/or watercourses lie upon or touch each other, then the municipality and the territory shall be deemed adjoining. ---(3) “Election official” shall mean the person designated as the judge of the election under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise. ---(4) “Parcel” shall mean the property in the territory to which is assigned a separate tax parcel number on the books and records of the county board of assessment. ---(5) “Qualified voter”: ---a. With respect to any petition filed by voters in the territory pursuant to paragraph (a)(1) of this section, the term “qualified voter” shall mean each voter qualified to vote under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise, as of the date of filing of the petition; and ---b. With respect to any such special election, the term “qualified voter” shall have the meaning set forth under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise. ---(6) “Territory” shall mean the property or properties proposed to be annexed to the municipality. (66 Del. Laws, c. 135, § 1; 70 Del. Laws, c. 186, § 1.) § 102 Commissioners for unincorporated towns; election and powers. ---Every unincorporated town having more than 300 inhabitants may annually on the second Saturday in July, by a majority of the voters qualified to vote, or a majority of the voters present at the annual meeting, elect 3 commissioners. For purposes of this section “qualified voters” shall mean the following: Inhabitants qualified to vote for representatives in the General Assembly, property owners and leaseholders of record who shall have attained the legal age of majority. The commissioners may regulate the streets, lanes and alleys of the town, on complaint of any citizen, examine any chimney, stovepipe, fixtures or other matter dangerous to the town, and, if adjudged dangerous, require it to be repaired or remedied to prevent or remove nuisances therein, prohibit firing of guns or pistols, the making of bonfires or setting off of fireworks or any dangerous sport or practice, and prevent or suppress any noisy and turbulent assemblages within the town after night or on the Sabbath Day. For these purposes the commissioners may make and publish ordinances imposing penalties not exceeding $100 in any case. ---Any unincorporated town may provide for a voter registration which registration may not be concluded any sooner than 2 weeks prior to the actual election date. ---The penalties shall be for the use of the town and may be collected as other penalties of like amount imposed by law. ---Any justices of the peace residing in such town shall, with the aid of 2 citizens called by them, hold the election for commissioners and ascertain and make a record of the result.
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(Code 1852, §§ 893-895; 11 Del. Laws, c. 581; Code 1915, § 3442; Code 1935, § 3901; 22 Del. C. 1953, § 102; 62 Del. Laws, c. 289, §§
1-3.)
§ 103 Street openings. ---No person shall open or excavate the bed of any street or highway of any city, town or village in this State for the purpose of laying or placing pipes, wires or other conductors therein without first obtaining the consent of the duly constituted authorities of such city, town or village. Nothing in this section shall require such consent before opening or excavating the bed of any such street or highway for the purpose of repairing any pipes, wires or other conductors theretofore lawfully laid or placed in such street or highway. (19 Del. Laws, c. 224, § 1; Code 1915, § 3444; Code 1935, § 3903; 22 Del. C. 1953, § 103.) § 104 Selling farm products in Wilmington street markets. ---The City Council of the City of Wilmington shall not ordain any ordinance restricting or prohibiting farmers exposing and selling fresh meats or any other products raised and produced by the farmers and offered for sale in the City, in any street which may at any time be appointed or used as a curbstone market for the sale of farm products. (16 Del. Laws, c. 122; Code 1915, § 3445; Code 1935, § 3904; 22 Del. C. 1953, § 104.) § 105 Withdrawal or removal of property from city or town; special election; voting rights. ---The General Assembly shall not enact any law which removes real property from within the limits of any city or incorporated town in this State until after the question of such removal shall have first been submitted to the governing body of the city or incorporated town at a special election of qualified voters and real estate owners of the city or incorporated town. The governing body of the city or incorporated town must first grant its approval by affirmative vote of a majority of the members of the body. When a special election is held, a majority of the qualified voters and real estate owners in the city or incorporated town must approve the removal from within the limits of the city or incorporated town and only then shall the real property be removed from the assessment rolls of the city or incorporated town. Any special election shall be held by the proper election officers of the city or incorporated town. The voting requirements shall be the same as those that exist for all other municipal elections in the municipality involved. (22 Del. C. 1953, § 105; 57 Del. Laws, c. 274.) § 106 Debt limit of cities with population in excess of 50,000. ---(a) All cities in the State having a population in excess of 50,000, as enumerated in the most recent federal census, which have the power to borrow money and issue negotiable bonds and notes to evidence such borrowing are hereby authorized to issue such bonds, and notes in anticipation of the issuance of such bonds, in an amount not in excess of 16 percent of the assessed valuation of real estate taxable by such city. In computing the aggregate principal amount of such bonds and notes of such city there shall be excluded: ---(1) All bonds and notes issued by such city for the purpose of providing a supply of water for such city; ---(2) All bonds and notes issued by such city for sewer purposes as a part of the sewer system of such city for which such city collects rates, rents or fees; ---(3) Any bonds and notes issued by such city for school purposes but not in excess of 3 percent of the assessed valuation of the real estate taxable by such city; however, any such city may issue school bonds and notes within its debt limitation in excess of the 3 percent which is excluded from the aggregate principal amount which may be issued; ---(4) All bonds and notes issued by such city for any other purpose for which an exclusion is authorized by law including but not limited to exclusions for bonds and notes issued for parking authority purposes and urban renewal purposes; ---(5) Any guaranty or other obligation incurred pursuant to any law and which said law provides shall be excluded from the computation of any debt limitations of such city; and ---(6) Bonds issued to fund outstanding notes not otherwise excluded, until such notes are retired. ---(b) Bonds may be issued within the limits prescribed herein notwithstanding any debt or other limitation prescribed by any other law; provided, however, that such bonds, or notes issued in anticipation of the issuance of such bonds, must be approved and authorized by the governing body of such city in the same manner as all other obligations of such city are authorized. ---(c) The debt limit prescribed by this section shall replace the debt limit specified by any other law, special or general. (22 Del. C. 1953, § 106; 58 Del. Laws, c. 9.) § 107 Use of eminent domain powers for federal community development programs. ---(a) It is found and declared that there exists in the City of Wilmington areas which, as a whole, are not slum or blighted areas, but which contain parcels that are in a deteriorated condition which is injurious and inimical to the public health, safety, morals and welfare of the residents of such areas; that the existence of such deteriorated parcels impairs or impedes the sound growth of the City of Wilmington; that such parcels require acquisition for clearance and/or rehabilitation to prevent further decline or decay of the parcel and/or its surrounding area; that federally funded community development programs exist for the purpose of eliminating such deteriorated parcels; and that said community development housing rehabilitation program is in addition to and furtherance of the Slum Clearance and Redevelopment Authority Law (Chapter 45 of Title 31). ---(b) The City of Wilmington may acquire real property by the exercise of the power of eminent domain whenever (1) such appropriation may be deemed necessary, (2) such property is deemed to be unsafe in violation of the building provisions of the City of Wilmington’s
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building code and (3) after the appropriate official has declared that acquisition and rehabilitation is a necessary part of an overall community development program, is furtherance of a public purpose, whether or not continued public ownership is contemplated; provided that the City of Wilmington shall rehabilitate or cause to be rehabilitated any property acquired pursuant to this section within 24 months of the date of such acquisition by the City of Wilmington. The City of Wilmington may acquire real property under this section after the adoption by it of an ordinance describing the property containing the appropriate declarations. The City of Wilmington may exercise the power of eminent domain in the manner prescribed by Chapter 61 of Title 10. Property already devoted to a public use may be acquired in the like manner; provided, that no real property belonging to the county or the State may be acquired without its consent. When the City of Wilmington has found and determined by ordinance that certain real property described therein is necessary for a community development housing rehabilitation program, the ordinance shall be conclusive evidence that the acquisition of such real property is necessary for the public purpose described therein. (62 Del. Laws, c. 145, § 1.) § 108 Ambulance, fire and police services. ---Where an area of real property owned by a municipality is bounded by a wall, fence or other structure which has gates or other lockable entrances, the municipality shall notify those public agencies within the municipality which provide ambulance, fire and police services of the location of such gates and entrances. A key to each such enclosed area shall be provided by the municipality to the ambulance, fire company and police department which is closest to the enclosed area. For purposes of this section, the words “real property” shall include all unimproved land only and shall not include buildings. (63 Del. Laws, c. 166, § 5.) § 109 Municipal parks; use for veterans’ services; waiver of fee. ---No fee shall be imposed on any recognized veterans’ service organization for the use of any municipal park or portion thereof for purposes of patriotic or memorial services; provided that advance written notification of not less than 15 days is given to the municipal agency and does not conflict with other previously scheduled activities within the park. (66 Del. Laws, c. 142, § 1.) § 110 Parking spaces for use by persons with disabilities. ---(a) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances regarding the duty of individuals and artificial entities to construct and maintain accessible parking spaces consistent with § 4183A of Title 21. ---(b) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances requiring that no new accessible parking space be constructed and no existing accessible parking space be installed, restriped, repainted, resurfaced, or otherwise altered until the county government or municipality issues a permit as required by § 4183A of Title 21. Upon completion, the entity issuing the permit shall confirm compliance as set forth in § 4183A(d) of Title 21. ---(c) The regulations or ordinances adopted pursuant to subsections (a) and (b) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to obtain a permit and to construct and maintain accessible parking spaces, but has failed to do so, consistent with the obligations of § 4183A of Title 21. ---(d) To comply with this section, a municipality may elect to adopt the regulations or ordinances of the county government of the county in which the municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality’s adopted regulations or ordinances may not be less restrictive than those of the county. (74 Del. Laws, c. 114, § 2; 85 Del. Laws, c. 225, § 3.) § 111 Limitation on firearm regulations. ---(a) The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety. ---(b) Subsection (a) of this section notwithstanding, municipal governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and municipal buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a municipal government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or municipal buildings shall require that all areas where possession is restricted are clearly
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identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by municipal governments relating to possession in police stations or municipal buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. Municipal governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the municipal government shall not prevent the following in municipal buildings or police stations: ---(1) Possession of firearms, components of firearms, and ammunition or explosives by law-enforcement officers; ---(2) Law-enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives; ---(3) Law-enforcement agencies conducting firearms safety and training programs; ---(4) Law-enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings; ---(5) Compliance by persons subject to protection from abuse court orders; ---(6) Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others; ---(7) Officers or employees of the United States duly authorized to carry a concealed firearm; or ---(8) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties. ---(c) For the purposes of this subsection, “municipal building” means a building where a municipal government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a municipally-owned or -leased building, such building shall be considered a municipal building for the purposes of this section only during the time such government entity is meeting in or occupying such a building. (65 Del. Laws, c. 278, § 1; 74 Del. Laws, c. 280, § 1; 80 Del. Laws, c. 164, § 1.) § 112 Fees and costs in all proceedings to collect real estate assessment taxes and water and sewer service charges. ---(a) The fees and costs to be assessed and collected in all proceedings to collect real estate assessment taxes and water and sewer service charges due and owed to the municipality, where not otherwise provided for, shall be as follows:
---(b) In addition to the fees set forth in subsection (a) of this section, city council may provide by ordinance for fees and costs, including without limitation, attorneys’ fees, to be assessed and collected in any proceedings to collect real estate assessment taxes and water and sewer system charges due and owed to the municipality. (74 Del. Laws, c. 300, § 1.) § 113 Approval of final bid at sheriff’s sale; prequalification of bidders. ---(a) The municipality, by and through its director of its department of finance, or the director’s designee, may approve or disapprove the final bid at a sale made by the sheriff under the monition method of sale for any public purpose or reason, including the failure of the successful bidder or its affiliates to comply with the requirements of any law or regulation with respect to any other real property owned by such successful bidder or its affiliates, the failure of such successful bidder or its affiliates to timely pay any amounts owed to the State or any county or municipality or the inability of the successful bidder to remedy any unlawful conditions at the property subject to such sheriff sale in a timely manner; provided, that the notice of the public sale includes in its terms that such sale is subject to the approval of the director of the finance department of the municipality. In the event the director of the department of finance, or the director’s designee, does not approve the final bid at such sale, the said director of the department of finance, or the director’s designee, may expose the property to another and as many succeeding sales as it chooses. The final bid at a sale made by the sheriff shall be presumed to be approved unless notice of disapproval of such final bid shall be received by the sheriff within 20 days from the date of such public sale. ---(b) Provided that the notice of the public sale so indicates, the municipality may require that bidders at a sheriff sale, prior to any bid, certify to the municipality that such bidder, either directly or through any affiliated entities, does not own any interest in any other real property in such municipality that: ---(1) Has amounts past due identified in § 2901(a) of Title 25, in excess of $1,000; or ---(2) Has been vacant for at least 18 consecutive months and such property is not subject to a valid building permit or a pending land use application. --- Organizations that are exempt from federal taxation pursuant to § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)] and that have been building, rehabilitating, and providing affordable housing units within the State for at least 5 years, and community development corporations, as defined in 42 U.S.C. § 9802, shall be exempt from these provisions upon certification of such status by the municipality. ---(c) The municipality shall generate a certificate that the bidder shall present to the sheriff prior to the sale, and the sheriff shall require
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presentation of such certificate prior to registering any bidder. The municipality may establish a fee that reflects the costs of preparing and issuing the certificate that shall be paid by bidder prior to issuance of the certificate. ---(d) For purposes of this section, “affiliated entity” means either of the following: ---(1) Any other entity that is under common control with the bidder. ---(2) Any person or entity who directly or indirectly holds any beneficial or ownership interest in the bidder of 5% or greater. ---(e) If a sale is subject to approval of the director of a municipality’s department of finance or the director’s designee, no assignment of a successful bid shall occur without the approval of the director of its department of finance or the director’s designee. If the municipality requires certification of bidders at a sale, no assignment of a successful bid shall occur unless the assignee secures a certification from the municipality consistent with requirements of this section or qualifies as a land bank pursuant to § 4703 of Title 31. (74 Del. Laws, c. 300, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 161, § 2.) § 114 Public advertising and notices. ---Notwithstanding any provision to the contrary, public advertising and notices by any municipality in the State of any nature may include use of the State’s “electronic procurement advertising system” required by § 6902(12) of Title 29 or other website allowing for the electronic posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(5), 10115(b) and 10124(1) of Title 29. (78 Del. Laws, c. 288, § 10; 82 Del. Laws, c. 36, § 1; 83 Del. Laws, c. 65, § 2; 84 Del. Laws, c. 124, § 1; 84 Del. Laws, c. 513, § 1.) § 115 Construction using public financial assistance. ---No building or structure shall be constructed using public financial assistance in a manner that violates Chapter 42 of Title 31, and no occupancy or use permit shall be issued unless such building or structure complies with Chapter 42 of Title 31. (78 Del. Laws, c. 368, § 4.) § 116 Dogs. ---The municipal governments shall enact no law, ordinance, or regulation relating to dogs, or restrictions on dogs, based on a dog’s breed or perceived breed. (81 Del. Laws, c. 31, § 3.) § 117 Lease of public lands. ---The municipal governments of this State may execute and deliver, in proper form, a lease, concession agreement, easement, or license agreement for any part of the public lands owned by them, including park land and land held in a public trust. The demise and lease of such lands, including public parks, may be upon such conditions and for such rentals as the municipal government deems advisable for the public good, provided that the demise and lease of public park lands shall be limited to recreational purposes and related activities. Whoever leases any of the lands under any restrictions or conditions of a municipal government and fails to comply with the restrictions or conditions set forth in the lease with the government forfeits the leasehold interest granted by the lease. (81 Del. Laws, c. 361, § 2.) § 118 Limitation on residency and location restrictions for sex offenders. ---No municipality of this State shall enact or enforce any law, ordinance, or regulation prohibiting or restricting the residency or movements of persons deemed to be a sex offender pursuant to § 4121 of Title 11 that is more restrictive than the requirements imposed by § 1112 of Title 11. (81 Del. Laws, c. 432, § 1.) § 119 Residential installation of electric vehicle charging station. ---(a) (1) The purpose of this section is to facilitate the ownership of electric vehicles. ---(2) This section applies to a municipality with a population of 30,000 or more, as based on the most recent federal census. ---(b) For purposes of this section: ---(1) a. “Electric vehicle” means a motor vehicle that uses 1 or more electric motors for propulsion and which is powered through an internal battery that is charged using an external electricity source. ---b. “Electric vehicle” includes both of the following: ---1. A plug-in hybrid vehicle, which operates with an internal combustion engine and an electric motor that can be plugged into an external electric power source to charge the internal battery. ---2. An all-electric vehicle, which operates solely from an internal electric battery. ---(2) “Electric vehicle charging station” means equipment that connects an electric vehicle to an external source of electricity to recharge the electric vehicle’s internal battery. ---(c) Notwithstanding any other law to the contrary, a municipality shall adopt, not later than July 1, 2023, an ordinance that establishes a procedure to obtain a permit for the installation of an electric vehicle charging station on real property zoned for residential use that abuts a residential street. ---(d) The ordinance adopted under subsection (c) of this section must do all of the following:
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---(1) Require that the electric vehicle charging station be installed by a licensed electrician.
---(2) Require the written permission of the owner of the real property on which the electric vehicle charging station is requested to be
installed, including the owner of a sidewalk or strip of land adjacent to a curb abutting a residential street.
---(3) Establish reasonable restrictions on the type of electric vehicle charging stations that are permitted to be installed.
---(4) Provide that the municipality must approve or deny a permit within 90 days of the receipt of a permit application or the permit is
automatically approved.
---(5) Provide that an electric vehicle charging station or privately owned electrical services may not be installed within or affect an
existing or proposed Delaware right of way or easement area without the approval of the Department of Transportation.
---(e) A municipality may not require an individual owner of real property to install an electric vehicle charging station for another person, including a tenant, guest, or customer, unless the requirement is adopted as part of a municipal zoning or building code that is of general applicability. This section does not create a cause of action for the failure of the owner to install an electric vehicle charging station for another person. ---(f) A municipality may provide for a process for granting dedicated or reserved parking for an electric vehicle charging station permitted under the ordinance adopted under this section. ---(g) (1) Subject to paragraph (g)(2) of this section, a restriction established under paragraph (d)(3) of this section is a reasonable restriction if the restriction does not do any of the following: ---a. Significantly increase the purchase price of an electric vehicle charging station or the cost to install the electric vehicle charging station. ---b. Significantly decrease the efficiency or specified performance of an electric vehicle charging station. ---c. Effectively prohibit the installation of an electric vehicle charging station. ---(2) A restriction established under paragraph (d)(3) of this section is a reasonable restriction and a municipality may enforce and adopt the restriction if the restriction addresses any of the following: ---a. Health and safety. ---b. Historical design review in historically designated districts. ---c. Stormwater and drain management. ---d. Handicap accessibility. ---e. Adequate pedestrian walkway space. ---f. Adequate distance from the street. ---g. The delegation of electric vehicle charging station maintenance and removal responsibilities. ---h. Current and planned streetscape and landscape design. (83 Del. Laws, c. 309, § 1.)
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REGULATIONS
ZONING
MUNICIPAL
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3
Provisions
General
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I
Subchap.
Chap.
Chapter 3
MUNICIPAL ZONING REGULATIONS
Subchapter I
General Provisions
§ 301 Grant of power. ---For the purpose of promoting health, safety, morals or the general welfare of the community, the legislative body of cities and incorporated towns may regulate and restrict the height, number of stories and size of buildings and other structures, percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes. (39 Del. Laws, c. 22, § 2; Code 1935, § 6228; 22 Del. C. 1953, § 301.) § 302 Division into districts; regulations. ---For any or all of the purposes provided in § 301 of this title, the legislative body may divide the municipality into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this chapter, and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district but the regulations in 1 district may differ from those in other districts. (39 Del. Laws, c. 22, § 3; Code 1935, § 6229; 22 Del. C. 1953, § 302.) § 303 Purpose of regulations. ---The regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality. (39 Del. Laws, c. 22, § 4; Code 1935, § 6230; 22 Del. C. 1953, § 303.) § 304 Establishment and enforcement of regulations. ---The legislative body of the municipality shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established and enforced and from time to time amended, supplemented or changed. However, no such regulations, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality. (39 Del. Laws, c. 22, § 5; Code 1935, § 6231; 22 Del. C. 1953, § 304.) § 305 Changes in regulations; procedure. ---The regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such changes signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent thereto extending 100 feet therefrom or of those directly opposite thereto extending 100 feet back from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three fourths of all the members of the legislative body of the municipality; provided, however, that in any municipality of this State with a population in excess of 50,000 persons, the foregoing provisions regarding a protest shall not be applicable to any such change which is proposed in connection with the construction of federally assisted multi-family housing for the elderly and handicapped, in all instances of which such change shall become effective by the favorable vote of a simple majority of all the members of the legislative body of the municipality. The provisions of § 304 of this title, relative to public hearings and official notice, shall apply equally to all changes or amendments. (39 Del. Laws, c. 22, § 6; Code 1935, § 6232; 22 Del. C. 1953, § 305; 67 Del. Laws, c. 183, § 1.) § 306 Zoning commission. ---In order to avail itself of the powers conferred by this chapter, the mayor or the chief executive of cities or incorporated towns shall appoint a commission to be known as the zoning commission of 3 members, the appointments to be confirmed by the legislative body, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. The commission shall consist of not more than 2 members from 1 party and appointments shall be made for 2, 4, and 6 years, and for 6-year terms thereafter. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report. The legislative body shall not hold its public hearings or take action until it has received the final report of such commission. (39 Del. Laws, c. 22, § 7; Code 1935, § 6232; 22 Del. C. 1953, § 306.)
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§ 307 Conflict with other laws. ---Wherever the regulations made under authority of this chapter require a greater width or size of yards or courts, or a lower height of building or less number of stories, or a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations made under authority of this chapter shall govern. Wherever any other statute, local ordinance or regulation requires a greater width or size of yards or courts, or a lower height of building or a less number of stories, or a greater percentage of lot to be left unoccupied, or imposed other higher standards than are required by the regulations made under authority of this chapter, such statute, local ordinance or regulation shall govern. (39 Del. Laws, c. 22, § 10; Code 1935, § 6236; 22 Del. C. 1953, § 307.) § 308 Enforcement. ---In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. (39 Del. Laws, c. 22, § 9; Code 1935, § 6235; 22 Del. C. 1953, § 308.) § 309 Residential facilities for persons with disabilities. ---(a) For purposes of all local zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons with disabilities on a 24 hour-per-day basis shall be construed to be a permitted single family residential use of such property. ---(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those terms are defined in the Delaware Fair Housing Act Chapter 46 of Title 6. (62 Del. Laws, c. 390, § 4; 74 Del. Laws, c. 149, §§ 9-11.) § 310 Transfer of development rights; receiving zones. ---For any or all the purposes provided in § 301 of this title, the legislative body of the municipality is expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones or parcels from any unincorporated area in any county to districts, zones, or parcels designated to receive such development rights, and to enter into agreements with counties for such purposes. Whenever a municipality exercises its authority to provide for the receipt of development rights it shall: ---(1) Have adopted a comprehensive plan as required by this chapter and conform thereto; -
Del. Code § title25
Legislative Council, General Assembly State of Delaware
Title 25
Property
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 25 - Property
Part I
General Provisions
Chapter 1
Deeds
Subchapter I
General Provisions
§ 101. Transfer of title to real estate by deed. Lands, tenements and hereditaments may be aliened, and possession thereof transferred by deed, without livery of seisin; and the legal estate shall accompany the use and pass with it. (Code 1852, § 1611; Code 1915, § 3197; Code 1935, § 3658; 25 Del. C. 1953, § 101.) § 102. Effect of deeds by married women. The deed of a married woman executed by her during her coverture, concerning lands or tenements, shall be valid and effectual as if she were sole, if she acknowledges that she executed the deed. Such deed shall not bind her to any warranty except a special warranty against herself and her heirs, and all persons claiming by or under her, and no covenant on her part, of a more extensive or different effect in such deed, shall be valid against her, nor shall such conveyances by her divest, abrogate, or in any manner interfere with the husband’s estate by the curtesy should such estate attach. (Code 1852, §§ 1469, 1614; 22 Del. Laws, c. 443, §§ 1, 2; Code 1915, §§ 3047, 3200; Code 1935, §§ 3540, 3661; 45 Del. Laws, c. 230, § 1; 25 Del. C. 1953, § 102; 70 Del. Laws, c. 186, § 1.) § 103. Circumstances under which wife may bar her dower without husband being a party. In all cases of sales of lands and tenements under judgments, or by guardians for persons with mental disabilities, the wife of any defendant in such judgment, or of such person with a mental disability, may execute, acknowledge and deliver any conveyance, release or other instrument to bar her of dower in the land and tenements so sold, without her husband being a party to such conveyance, release or other instrument. (Code 1852, § 1614; 14 Del. Laws, c. 78; Code 1915, § 3201; Code 1935, § 3662; 25 Del. C. 1953, § 103; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 34, § 4.) § 104. Trustee for wife with a mental disability; barring of dower. Any married man, seized of any real estate, whose wife has a mental disability, and who desires to sell and convey or to mortgage any such real estate, or any part thereof, may present his petition to the Court of Chancery, stating the facts. The Court may, if it considers it a proper case, make an order appointing a trustee for such married woman with a mental disability to join in any deed or mortgage on her behalf with her husband, and to sign, seal and acknowledge the deed or mortgage as such trustee in the same manner as deeds and mortgages are by law acknowledged. (17 Del. Laws, c. 616, § 1; Code 1915, § 3202; Code 1935, § 3663; 25 Del. C. 1953, § 104; 49 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 371, § 25.) § 105. Trustee for husband with a mental disability; barring of curtesy. Any married woman, seized of any real estate in her own right, whose husband has a mental disability, and who desires to sell, convey or to mortgage any such real estate, or any part thereof, may present her petition to the Court of Chancery, stating the facts, and the Court may, if it considers it a proper case, make an order appointing a trustee for such married man with a mental disability to join in any deed or mortgage in his behalf with his wife, and to sign, seal and acknowledge the same as such trustee in the same manner as deeds and mortgages are by law acknowledged. (22 Del. Laws, c. 444, § 1; Code 1915, § 3203; Code 1935, § 3664; 25 Del. C. 1953, § 105; 49 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 371, § 26.) § 106. Effect of deed executed by trustee for spouse with a mental disability. Any deed executed and acknowledged by a trustee for a married man or woman with a mental disability, appointed pursuant to the provisions of § 104 or § 105 of this title, shall be as valid and effectual to bar and divest the right of dower or curtesy of the spouse with a mental disability, in case the spouse with a mental disability survives, as if such spouse with a mental disability had been legally capable and had in fact executed and acknowledged such deed. Any such deed, or the record thereof, shall be competent evidence in all the courts of this State. (17 Del. Laws, c. 616, § 2; 22 Del. Laws, c. 444, § 2; Code 1915, §§ 3202, 3203; Code 1935, §§ 3663, 3664; 25 Del. C. 1953, § 106; 49 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 371, § 27; 84 Del. Laws, c. 42, § 1.)
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§ 107. Conveyance of real estate by married woman deserted without just cause. Every married woman abandoned by her husband without just cause, who is the owner in her own right of real estate in this State, may sell or otherwise dispose of such real estate as effectually as if she were a single woman. A deed executed and certified as provided in § 124 of this title and recorded in the county in which the lands lie shall be as effectual as if the grantor executing the deed were a single woman. (19 Del. Laws, c. 772, §§ 1-3; Code 1915, § 3048; 30 Del. Laws, c. 197; Code 1935, § 3544; 25 Del. C. 1953, § 107; 70 Del. Laws, c. 186, § 1.)
§ 108. Deeds and other instruments executed by the Home Owners’ Loan Corporation. (a) Deeds concerning lands or tenements, releases from the lien of any judgment, or mortgages, powers of attorney to individuals to satisfy mortgages, or any other written instruments entitled to be recorded, executed by the Home Owners’ Loan Corporation, a corporation of the United States of America, may be executed and acknowledged before any judge of this State, or a Judge of the District Court of the United States, or a notary public, or 2 justices of the peace of the same county, by the Regional Manager of the Home Owners’ Loan Corporation, or Regional Treasurer thereof, provided there is recorded in the recorder’s office in the county wherein any instrument so executed and acknowledged is entitled to be recorded a resolution of the Managing Board of such Corporation, showing the appointment by name of the Regional Manager and Regional Treasurer, duly certified to under the hand of the Chairman of the Board, attested by the Secretary, with the seal of the Corporation thereto attached, and acknowledged in the same manner and form as other recorded corporate instruments. The resolution may be kept on file by the recorder of deeds, and the same shall be indexed and recorded in the same way and manner as provided by law in the case of commissions of notaries for the State. The resolution, so certified and acknowledged, concerning the named appointments of Regional Manager and Regional Treasurer, shall be binding on the Home Owners’ Loan Corporation until revoked or cancelled by the recording, in the recorder’s office, of a resolution of the Managing Board of the Home Owners’ Loan Corporation, duly executed, certified to and acknowledged in the same manner and form as the appointment. (b) Any deed or conveyance of lands and tenements, or any release of the lien of a mortgage or judgment, or any other written instrument entitled to be recorded, executed by the Regional Manager or Regional Treasurer for the Home Owners’ Loan Corporation, after a full compliance with this section, shall have the same effect as though the instrument had been executed by the President or other presiding officer or a Vice-President duly authorized by proper resolution. (40 Del. Laws, c. 215; 40 Del. Laws, c. 217; Code 1935, § 3675; 41 Del. Laws, c. 189, § 1; 25 Del. C. 1953, § 108.)
§ 109. Defeasance or contract for reconveyance; recording; acknowledgment or proof. If a conveyance of lands, tenements or hereditaments is absolute on its face and there is a defeasance, or written contract in the nature of a defeasance, or for a reconveyance of the premises, or any part thereof, the person to whom such conveyance is made shall cause to be indorsed thereon, and recorded therewith, a note stating that there is such defeasance, or contract, and the general purport of it, or the recording of such conveyance shall be of no effect. Such defeasance, or contract, shall be duly acknowledged, or proved, and recorded in the recorder’s office for the county wherein such lands, tenements or hereditaments are situate within 60 days after the day of making the same, or it shall not avail against a fair creditor, mortgagee or purchaser for a valuable consideration of or from the person to whom such conveyance is made, unless it appears that such creditor, when giving the credit, or such mortgagee or purchaser when advancing the consideration, had notice of such defeasance, or contract. Such contract, although not under seal, may be acknowledged or proved in the same manner as a deed. (Code 1852, § 1631; Code 1915, § 3221; Code 1935, § 3683; 25 Del. C. 1953, § 109.)
§ 110. Certificates of notaries public; validity. No official certificate of any notary public shall be invalid or defective because the impression of the official stamp or seal of such officer upon the certificate does not strictly comport with the requirements of § 4330 of Title 29. All such certificates shall be valid in all respects; and in all cases where such certificates are annexed to papers proper to be recorded, the several recorders shall admit such papers to record. The record of the same, or a duly certified copy thereof, shall be competent evidence, and every such paper shall be as good and effectual in law as though the stamp or seal used by the officer certifying the acknowledgment of the same had been made or engraved in exact conformity with the provisions of the law. (16 Del. Laws, c. 129, § 1; Code 1915, § 3213; Code 1935, § 3674; 25 Del. C. 1953, § 110; 83 Del. Laws, c. 425, § 6; 84 Del. Laws, c. 233, § 52.)
Subchapter II
Form, Acknowledgment and Proof of Deeds and Other Legal Instruments
§ 121. Form of deed; legal effect; other forms as valid. (a) The following shall be a sufficient form of deed for the conveyance of real estate: This Deed made this ........................................................................ day of ........................................................................ , A.D. ........................................................................
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Between A. B., of ........................................................................ , party of the first part and C. D. of
........................................................................ , party of the second part. Witnesseth, that the said party of the first part for and in consideration of the sum of ........................................................................ , the receipt whereof is hereby acknowledged, hereby grants and conveys unto the said party of the second part. ALL
(Description of premises).
(Recital of title).
In witness whereof, the said party of the first part hath hereunto set the party of the first part’s hand and seal.
Sealed and Delivered in .................................... (Seal)
The Presence of:
.............................................................
.............................................................
(b) A deed in the form prescribed in subsection (a) of this section, duly executed and acknowledged, unless otherwise restricted or
limited, or unless contrary intention appears therein, shall be construed to pass and convey to the grantee therein and to the grantee’s heirs and assigns the fee simple title or other whole estate or interest which the grantor could lawfully convey in and to the property therein described together with the tenements, hereditaments, franchises and appurtenances thereunto belonging, and the reversions and remainders, rents, issues and profits thereof. The words “grant and convey” in any deed shall, unless specifically restricted or limited operate as a special warranty against the grantor and the grantor’s heirs and all persons claiming under the grantor or them. Nothing contained in this section shall invalidate a deed not made in the form prescribed in subsection (a) of this section, but a deed made in the form heretofore in common use within this State shall be valid and effectual. (Code 1852, § 1612; Code 1915, § 3198; 33 Del. Laws, c. 207; Code 1935, § 3659; 25 Del. C. 1953, § 121; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 86.) § 122. Acknowledgment and proof of deeds. A deed concerning lands, tenements or hereditaments may be acknowledged in any county, by any party to the deed, in the Superior Court, or before any judge of this State, or notary public, or before 2 justices of the peace for the same county, or before the Mayor of the City of Wilmington. Such deed may also be acknowledged in the Superior Court by attorney, by virtue of a power contained in it or separate from it, the power being first proved in the Court. Also, such deed may be proved in the Court by 1 or more of the subscribing witnesses. (Code 1852, § 1613; 17 Del. Laws, c. 207, §§ 8, 28; Code 1915, § 3199; Code 1935, § 3660; 25 Del. C. 1953, § 122; 71 Del. Laws, c. 176, § 32.) § 123. Certification of acknowledgment or proof. Acknowledgment or proof shall be certified under the hand and seal of office of the clerk, or prothonotary, of the court in which, or under the hand of the judge, notary public or justices of the peace before whom, the acknowledgment or proof is taken, in a certificate indorsed upon or annexed to the deed. (Code 1852, § 1618; Code 1915, § 3207; Code 1935, § 3668; 45 Del. Laws, c. 230, § 3; 25 Del. C. 1953, § 123.) § 124. Acknowledgment and execution of deed by married woman deserted without just cause. Conveyances made in pursuance of § 107 of this title by a married woman abandoned without just cause shall be acknowledged before any judge of the Court of Chancery or Superior Court of this State; and in addition to the certificate that it is the act and deed of the party signing the instrument, the judge shall further certify that it had satisfactorily appeared to the judge that the party executing the instrument had been abandoned by her husband without just cause. (19 Del. Laws, c. 772, §§ 1-3; Code 1915, § 3048; 30 Del. Laws, c. 197; Code 1935, § 3544; 25 Del. C. 1953, § 124; 70 Del. Laws, c. 186, § 1.) § 125. Place for taking acknowledgment or proof. It shall not be necessary that the acknowledgment or proof of a deed be taken in the county wherein the premises are situate. (Code 1852, § 1617; Code 1915, § 3206; Code 1935, § 3667; 45 Del. Laws, c. 230, § 2; 25 Del. C. 1953, § 125.) § 126. Certification of acknowledgments by justices of the peace; form. (a) Two justices of the peace, when taking or certifying an acknowledgment, shall be together; and a certificate of acknowledgment taken before them, may be according to the following form, viz:
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State of Delaware
.................................... County
ss.
Be it remembered, that on the .................................... day of .................., in the year of our Lord, two thousand and
...................................., personally came before me, the subscribers, two of the Justices of the Peace for .................................... County aforesaid, .................................... and ...................................., his wife, parties to this indenture known to us personally (or proved on the oath of ....................................), to be such, and severally acknowledged said indenture to be their act and deed respectively. Witness our hands the day and year aforesaid. (b) If the instrument acknowledged is not an indenture, the word “instrument” may be substituted for the word “indenture” in the form; if it is not under seal, the words “and deed” in the form shall be omitted. The certificate of acknowledgment may, in all cases, be according to the foregoing form. It may be varied in any case requiring a variance, the above form being given for general direction. (Code 1852, §§ 1619, 1620; Code 1915, § 3208; Code 1935, § 3669; 45 Del. Laws, c. 230, § 4; 25 Del. C. 1953, § 126; 70 Del. Laws, c. 186, § 1.) § 127. Acknowledgment of corporate deeds or other instruments. A deed concerning lands or tenements or any other written instrument entitled to be recorded, executed by a corporation, may be executed and acknowledged before any judge of this State, or a judge of the District Court or Court of Appeals of the United States, or a notary public, or 2 justices of the peace of the same county, by the president or other presiding officer or a vice-president or an assistant vice-president, duly authorized by resolution of the directors, trustees or other managers, or by the legally constituted attorney, of such corporation. (Code 1852, § 1616; 16 Del. Laws, c. 521; 27 Del. Laws, c. 265; Code 1915, § 3205; Code 1935, § 3666; 48 Del. Laws, c. 130, § 1; 25 Del. C. 1953, § 127.) § 128. Certification of acknowledgments by Mayor of Wilmington; fee. The Mayor of Wilmington may take and certify under the Mayor’s own hand and seal of office the acknowledgment of deeds and letters of attorney in like manner as a judge or notary public may. For such service the Mayor of Wilmington shall receive a fee of 75 cents, and no more, whether there are 1 or more parties to the deed. (17 Del. Laws, c. 207, § 8; Code 1915, § 2140; Code 1935, § 2433; 25 Del. C. 1953, § 128; 70 Del. Laws, c. 186, § 1.) § 129. Acknowledgment or proof outside State. (a) A deed concerning lands, tenements or hereditaments within this State may be acknowledged or proved, or may be taken out of the State before any consul general, consul, vice-consul, consular agent, or commercial agent of the United States, duly appointed in any foreign country, at the places of their respective official residence, the judge of any United States District Court or United States Court of Appeals, or any judge of a court of record of any state, territory or country, or the mayor or chief officer of any city or borough, and certified under the hands of such judge, mayor or officer, and the seal of that official’s office, court, city or borough, by certificate indorsed upon or annexed to the deed; or such acknowledgment or proof may be taken in such court and certified under the hand of the clerk, or other officer of the court, and the seal of the court in like manner. If certified by a judge, the seal of that judge’s court may be affixed to that judge’s certificate or to a certificate of attestation of the clerk, or keeper of the seal. (b) Acknowledgment and proof of a deed may also be taken out of this State by any commissioner of deeds, appointed by the governor in any of the states or territories of the United States, or in the District of Columbia, or in the possessions of the United States, or in foreign countries, the deed to be certified, in like manner, under the hand and seal of the commissioner. (c) Any deed concerning lands, tenements or hereditaments within this State, any other instrument of writing whatsoever, or any affidavit or other statement requiring acknowledgment or proof may be so acknowledged and proved out of this State before a notary public of any state or territory or of the District of Columbia. The provisions of this paragraph shall extend to affidavits of demand and defense as provided for in § 3901 of Title 10. (Code 1852, §§ 1621, 1622; 13 Del. Laws, c. 28; 17 Del. Laws, c. 212; 18 Del. Laws, c. 211; 18 Del. Laws, c. 212; 22 Del. Laws, c. 82; Code 1915, § 3209; Code 1935, § 3670; 45 Del. Laws, c. 230, § 5; 25 Del. C. 1953, § 129; 70 Del. Laws, c. 186, § 1.) § 130. Notarial acts by members of the armed forces. (a) In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed before or by any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army, marine corps, or air force, or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other component part of the armed forces of the United States by any person who either is: (1) A member of the armed forces of the United States; or (2) Serving as a merchant seaman outside the limits of the United States included within the 48 states and the District of Columbia; or
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(3) Outside the limits by permission, assignment or direction of any department or official of the United States government, in
connection with any activity pertaining to the prosecution of any war in which the United States is then engaged.
(b) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions
and affidavits, and performance of other notarial acts made or taken are declared legal, valid and binding. Instruments and documents so acknowledged, authenticated or sworn to shall be admissible in evidence and eligible to record in this State under the same circumstances, and with the same force and effect, as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit or other notarial act had been made or taken within this State before or by a duly qualified officer or official as otherwise provided by law. (c) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate indorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as the person’s act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment. (d) If the signature, rank and branch of service or subdivision thereof of any such commissioned officer appears upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section. (Code 1915, § 3209; Code 1935, § 3670; 44 Del. Laws, c. 165; 45 Del. Laws, c. 227, §§ 1, 2; 25 Del. C. 1953, § 130; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 87.)
§ 131. Validation of certain instruments as deeds. An instrument which by its terms purports to alienate or convey lands, tenements or hereditaments situated in this State and which was signed by the persons or corporations who at the time were the owners of the lands, tenements or hereditaments mentioned therein and which was also acknowledged by owners before an officer authorized by the laws of Delaware to take acknowledgments, as the act and deed of such persons, shall be deemed to alienate or convey the title, estate and interest, both at law and in equity, of the owners signing and acknowledging such instrument, according to the true intent and meaning of such instrument, notwithstanding that the instrument is not under the seals of the owners and notwithstanding that the instrument does not contain the words commonly known as the “use clause” and/or the word “grant” and/or the words “bargain and sell.” No right of dower or curtesy shall be barred or released except when the person who would have such right of dower or of curtesy has signed and acknowledged the instrument. Nothing in this section shall preclude any action or right of action, either at law or in equity, which any party in interest would have had if the instrument had been under the seals of the persons executing the same and had been in the customary form of a deed in this State and this section had not been passed. (35 Del. Laws, c. 194; Code 1935, § 3676; 46 Del. Laws, c. 203, § 1; 25 Del. C. 1953, § 131; 49 Del. Laws, c. 181, §§ 1, 2; 50 Del. Laws, c. 157, § 1; 59 Del. Laws, c. 451, § 1; 68 Del. Laws, c. 319, § 1.)
§ 132. Validity of legal instruments having defective acknowledgments; admissibility in evidence. The record of all legal instruments which by law are directed to be recorded or are entitled to be recorded, and which have been duly executed by the proper party or parties, notwithstanding the instruments have not been acknowledged before an officer authorized by the laws of Delaware to take acknowledgments, or which have not been otherwise properly acknowledged, or the acknowledgments of which have not been taken and certified in conformity with the laws of this State in force at the time each such instrument was executed, are severally made as valid and effective in law as if each instrument had been correctly acknowledged and the acknowledgment correctly certified. The record of each such instrument or any office copy thereof or the original instrument itself shall be admitted as evidence in all courts of this State and shall be as valid and conclusive evidence as if such instrument had been in all respects acknowledged and the acknowledgment certified in accordance with the then existing law. (47 Del. Laws, c. 396, § 1; 25 Del. C. 1953, § 132.)
§ 133. Address of grantee on deed. Anyone leaving for record any deed conveying lands and tenements shall place upon or attach to the deed the address of the grantee. (Code 1852, §§ 1626, 1627; 16 Del. Laws, c. 520, § 1; 17 Del. Laws, c. 213, § 3; Code 1915, § 3215; Code 1935, § 3677; 46 Del. Laws, c. 267, § 1; 25 Del. C. 1953, § 133.)
§ 134. Authentication and recognition of acknowledgments. The authentication and recognition of the acknowledgment of a foreign notary public or other officer on an instrument necessary under this chapter shall be in accordance with subchapter II of Chapter 43 of Title 29. (63 Del. Laws, c. 61, § 2.)
§ 135. Tax ditch, tax lagoon, right-of-way, or assessment. Any deed transferring a parcel of real property listed in an order recorded pursuant to § 4195 or § 4389 of Title 7 shall specifically state in the deed that such parcel of real property may be subject to a tax ditch right-of-way and/or assessment, or a tax lagoon right-of-
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way and/or assessment pursuant to Superior Court order, and shall state the date of the court order and the order’s recording information in the recorder of deeds’ office of the county. (75 Del. Laws, c. 321, § 3.) Subchapter III Recording § 151. Recording of deeds and letters of attorney. A deed or letter of attorney concerning lands or tenements, acknowledged or proved and the acknowledgment or proof certified as provided in this chapter, shall, with the certificate of the acknowledgment or proof and all indorsements and annexations, be recorded in the recorder’s office for the county wherein such lands or tenements or any part thereof are situated, when lodged in such office at any time after the sealing and delivery of such deed or letter of attorney; and the record or an office copy thereof shall be sufficient evidence. (Code 1852, §§ 1626, 1627; 16 Del. Laws, c. 520, § 1; 17 Del. Laws, c. 213, § 3; Code 1915, § 3215; Code 1935, § 3677; 25 Del. C. 1953, § 151.) § 152. Recording as affecting lands in county of recording. The recording of a deed or instrument in the recorder’s office for 1 county shall have effect only in respect to lands or tenements mentioned in the deed or instrument situate in such county. (Code 1852, § 1628; Code 1915, § 3216; Code 1935, § 3678; 25 Del. C. 1953, § 152.) § 153. Priority of deed concerning lands or tenements. A deed concerning lands or tenements shall have priority from the time that it is recorded in the proper office without respect to the time that it was signed, sealed and delivered. (Code 1852, § 1630; 16 Del. Laws, c. 520, § 2; 17 Del. Laws, c. 213, § 2; Code 1915, § 3218; Code 1935, § 3680; 41 Del. Laws, c. 190, § 1; 25 Del. C. 1953, § 153; 56 Del. Laws, c. 318.) § 154. Deeds and letters of attorney; recording at any time. All deeds and letters of attorney concerning lands or tenements, at any time sealed and delivered, being duly acknowledged or proved, and the acknowledgment or proof being duly certified, may, with the certificate of the acknowledgment or proof and all indorsements and annexations, be at any time recorded in the recorder’s office for the county wherein such lands or tenements or any part thereof are situate. (16 Del. Laws, c. 520, § 3; 17 Del. Laws, c. 213, § 2; Code 1915, § 3219; Code 1935, § 3681; 25 Del. C. 1953, § 154.) § 155. Acknowledgment or proof as evidence of recording; private examination of married woman. The private examination of a married woman, duly taken and certified, shall remain valid, although the deed upon which it is taken and certified is not recorded; but no other acknowledgment or proof, duly certified, of a deed or letter of attorney shall make such deed or letter of attorney evidence without its being duly recorded. (Code 1852, § 1629; Code 1915, § 3217; Code 1935, § 3679; 25 Del. C. 1953, § 155; 70 Del. Laws, c. 186, § 1.) § 156. Recording on date of sealing and delivery. Any and all deeds and letters of attorney which have been recorded on the day of the sealing and delivery thereof shall be deemed to have been properly recorded. (17 Del. Laws, c. 213, § 4; Code 1915, § 3220; Code 1935, § 3682; 25 Del. C. 1953, § 156.) § 157. Potter charity leases. The record or duly certified copies, heretofore made by authority of law, or which are hereafter made by order of the Court of Chancery, of any and every lease of any portion of the lands, tenements or hereditaments situated in Kent or Sussex Counties, which were devised by Benjamin Potter, deceased, to certain charitable uses, shall be competent evidence in the courts of this State. The fee for recording any such lease or certifying the record thereof by any register in chancery shall be the same as fixed by law, to be paid to the recorder of deeds for like services. (15 Del. Laws, c. 167; Code 1915, § 3225; Code 1935, § 3687; 25 Del. C. 1953, § 157.) § 158. Enforceability of certain leases and documents pertaining to lands and tenements [For application of this section, see 81 Del. Laws, c. 384, § 3]. No document defined or described in § 5401(5) of Title 30 and not exempt from transfer tax on the basis of § 5401(1) of Title 30 or otherwise, shall be enforceable in any court of this State unless such document, or a memorandum thereof identifying the parties thereto, the premises, and the duration of the interest created thereby, including any renewals and purchase options, shall have been recorded in the office of the recorder of deeds in the county in which the premises or any part thereof are located within 15 days of the commencement of the term provided by such document; provided, however, that upon recordation and payment of any and all taxes, penalties and other
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charges relating thereto, any document rendered unenforceable by this statute or any predecessor statute shall be renewed and revived with the same force and effect as if it had never been unenforceable. (25 Del. C. 1953, § 154; 59 Del. Laws, c. 153, § 6; 70 Del. Laws, c. 252, § 1; 81 Del. Laws, c. 384, § 1.) Subchapter IV Powers of Attorney § 171. Acknowledgment or proof. A letter of attorney to sell or dispose of lands, tenements or hereditaments, or to acknowledge a deed concerning lands, tenements or hereditaments, may be acknowledged or proved, and the acknowledgment or proof certified, as prescribed in this chapter in respect to the acknowledgment or proof of a deed. If a party making a letter of attorney is out of the State, the provisions of § 129 of this title, concerning the acknowledgment or proof of a deed when the party making it is out of the State, shall apply. (Code 1852, § 1623; Code 1915, § 3210; Code 1935, § 3671; 25 Del. C. 1953, § 171.) § 172. Acknowledgment of deed after recording letter of attorney. When a letter of attorney to sell and dispose of lands is acknowledged or proved and the acknowledgment or proof is certified and it is recorded as required by law, a deed may be acknowledged by the attorney in such letter, in any county, before any judge of this State, or notary public, or 2 justices of the peace for the same county, if the letter of attorney authorizes such acknowledgment. An authority to sell or dispose of premises, if not restrained, shall extend to authorize the acknowledgment of a deed therefor. (Code 1852, § 1624; Code 1915, § 3211; Code 1935, § 3672; 25 Del. C. 1953, § 172.) § 173. Power of married woman to make letter. A married woman may make a letter of attorney the same as though she were a femme sole. (Code 1852, §§ 1625, 1469; 15 Del. Laws, c. 467; Code 1915, §§ 3047, 3212; Code 1935, §§ 3540, 3673; 25 Del. C. 1953, § 173; 70 Del. Laws, c. 186, § 1.) § 174. Persons serving with armed forces. (a) No agency created by a power of attorney in writing given by a principal who is at the time of execution, or who, after executing such power of attorney, becomes either: (1) A member of the armed forces of the United States; or (2) A person serving as a merchant seaman outside the limits of the United States, included within the 50 states and the District of Columbia; or (3) A person outside the limits by permission, assignment or direction of any department or official of the United States government in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, shall be revoked or terminated by the death of the principal, as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, has acted or acts, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees or personal representative of the principal. (b) An affidavit executed by the attorney-in-fact or agent setting forth that the affiant has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death or otherwise, or notice of any facts indicating the same, shall, in the absence of fraud, be conclusive proof of the nonrevocation or nontermination of the power at such time. If the exercise of the power requires execution and delivery of any instrument which is recordable under the laws of this State, such affidavit (when authenticated for record in the manner prescribed by law) shall likewise be recordable. (c) No report or listing, either official or otherwise, of “missing” or “missing in action,” as such words are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency. (d) This section shall not be construed so as to alter or affect any provision for revocation or termination contained in such power of attorney. (Code 1935, § 3673A; 45 Del. Laws, c. 228, § 1; 25 Del. C. 1953, § 174; 84 Del. Laws, c. 42, § 88.) Subchapter V Electronic Recording § 180. Short title. This subchapter may be cited as the “Uniform Real Property Electronic Recording Act.” (75 Del. Laws, c. 23, § 1.)
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§ 181. Definitions in this subchapter. (a) “Document” means information that is: (1) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (2) Eligible to be recorded in the land records maintained by the recorder. (b) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (c) “Electronic document” means a document that is received by the recorder in an electronic form. (d) “Electronic recording commission” means the commission established by § 184 of this title. (e) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. (f) “Paper document” means a document that is received by the recorder in a form that is not electronic. (g) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (h) “Recorder” means the recorder of deeds for the county in which a document is received. (i) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (75 Del. Laws, c. 23, § 1.)
§ 182. Validity of electronic documents. (a) If a law requires, as a condition for recording, that a document be an original, be on paper or other tangible medium, or be in writing, an electronic document satisfying this subchapter satisfies the law. (b) If a law requires, as a condition for recording, that a document be signed, an electronic signature satisfies the law. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature. (75 Del. Laws, c. 23, § 1.)
§ 183. Recording of documents. (a) A recorder who implements any of the functions described in this section shall do so in compliance with standards established by the electronic recording commission. (b) A recorder may receive, index, store, archive, and transmit electronic documents. (c) A recorder may provide for access to, and for search and retrieval of, documents and information by electronic means. (d) A recorder who accepts electronic documents for recording shall continue to accept paper documents and shall place entries for both types of documents in the same index. (e) A recorder may convert paper documents accepted for recording into electronic form. The recorder may convert into electronic form information recorded before the recorder began to record electronic documents. (f) Any fee or tax that a recorder is authorized to collect may be collected electronically. (g) A recorder and other officials of a state or a political subdivision thereof, or of the United States, may agree on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes. (75 Del. Laws, c. 23, § 1.)
§ 184. Uniform standards. (a) An electronic recording commission is created to adopt standards to implement this subchapter. The commission must consist of the recorder for each county of the State and 2 members at large appointed by the Secretary of State. (b) The electric recording commission shall promote harmony and uniformity of standards and practices in the use of electronic recording so far as is consistent with the purposes, policies, and provisions of this subchapter. When adopting, amending, and repealing standards, the commission shall consider standards and practices of other jurisdictions; the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; the views of interested persons and other governmental entities; the needs of counties of varying size, population, and resources; and the need for security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. (75 Del. Laws, c. 23, § 1.)
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Part I
General Provisions
Chapter 2
Uniform Real Property Transfer on Death Act
(85 Del. Laws, c. 212, § 1.) § 201. Short title. This chapter may be cited as the “Uniform Real Property Transfer on Death Act.” (85 Del. Laws, c. 212, § 1.) § 202. Definitions. For purposes of this chapter: (1) “Beneficiary” means an individual that receives property under a transfer on death deed. “Grantee” has a corresponding meaning. (2) “Designated beneficiary” means an individual designated to receive property in a transfer on death deed. (3) a. “Joint owner” means an individual who owns property concurrently with 1 or more other individuals with a right of survivorship. b. “Joint owner” includes a joint tenant and tenant by the entirety. c. “Joint owner” does not include a tenant in common. (4) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (5) “Property” means an interest in real property located in this State which is transferable on the death of the owner. (6) “Transfer on death deed” means a deed authorized under this chapter. (7) “Transferor” means an individual who makes a transfer on death deed. “Grantor” has a corresponding meaning. (85 Del. Laws, c. 212, § 1.) § 203. Applicability. This chapter applies to a transfer on death deed made before, on, or after December 4, 2025, by a transferor dying on or after December 4, 2025. (85 Del. Laws, c. 212, § 1.) § 204. Nonexclusivity. This chapter does not affect any method of transferring property otherwise permitted under the law of this State. (85 Del. Laws, c. 212, § 1.) § 205. Transfer on death deed authorized. An individual may transfer property to 1 or more beneficiaries effective at the transferor’s death by a transfer on death deed. (85 Del. Laws, c. 212, § 1.) § 206. Transfer on death deed revocable. A transfer on death deed is revocable even if the transfer on death deed or another instrument contains a contrary provision. (85 Del. Laws, c. 212, § 1.) § 207. Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary. (85 Del. Laws, c. 212, § 1.) § 208. Capacity of transferor. The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. (85 Del. Laws, c. 212, § 1.) § 209. Requirements. A transfer on death deed must meet all of the following: (1) Except as otherwise provided in paragraphs (2) and (3) of this section, contain the essential elements and formalities of a properly recordable inter vivos deed, including notarization of all signatures required under this section.
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(2) Be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary.
(3) State that the transfer to the designated beneficiary is to occur at the transferor’s death.
(4) Be recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the
property is located.
(85 Del. Laws, c. 212, § 1.)
§ 210. Notice, delivery, acceptance, consideration not required. A transfer on death deed is effective without any of the following: (1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life. (2) Consideration. (85 Del. Laws, c. 212, § 1.)
§ 211. Revocation by instrument authorized; revocation by act not permitted. (a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument meets all of the following: (1) Is 1 of the following: a. A transfer on death deed that revokes the transfer on death deed or part of the transfer on death deed expressly or by inconsistency. b. An instrument of revocation that expressly revokes the transfer on death deed or part of the transfer on death deed. c. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed. (2) Is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the transfer on death deed is recorded. (3) Is witnessed by 2 individuals. (b) If a transfer on death deed is made by more than 1 transferor, all of the following applies: (1) Revocation by 1 transferor does not affect the transfer on death deed as to the interest of another transferor. (2) A transfer on death deed of joint owners is revoked only if the transfer on death deed is revoked by all of the living joint owners. (c) After a transfer on death deed is recorded, the transfer on death deed may not be revoked by a revocatory act on the transfer on death deed. (d) This section does not limit the effect of an inter vivos transfer of the property. (85 Del. Laws, c. 212, § 1.)
§ 212. Effect of transfer on death deed during transferor’s life. During a transferor’s life, a transfer on death deed does not do any of the following: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property. (2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the transfer on death deed. (3) Affect an interest or right of a secured or unsecured creditor or futu
Del. Code § title27
Legislative Council, General Assembly State of Delaware
Title 27
Religion
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
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CORPORATIONS
AND
SOCIETIES
RELIGIOUS
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1
Chap.
Chapter 1
RELIGIOUS SOCIETIES AND CORPORATIONS
§ 101 Formation; increasing or decreasing number of trustees. ---(a) Any religious society or congregation consisting of 15 or more persons may become incorporated by the election of not less than 3 trustees and the taking of a name and certifying the same under the hands and seals of the trustees to the recorder of deeds. ---(b) (1) Such society or congregation may from time to time increase the number of trustees and may decrease the number to not less than 3 by a vote of the society or congregation at a public meeting called for that purpose in the same manner as provided in § 105 of this title for the election of trustees, voting and counting the votes as provided therein. ---(2) If the society or congregation by a plurality of votes of the members present determines to increase or diminish the number of trustees, such fact shall be certified to the recorder in the county in which such society or congregation has property, to be by the recorder recorded in the deed records thereof, which certificate shall set forth the number of trustees heretofore contained in the act of incorporation and the number fixed by the meeting provided for by this chapter and shall be signed by a majority of the new board of trustees. The recorder shall receive the same fees now provided by law for like services. (26 Del. Laws, c. 89, § 1; Code 1915, § 2164; Code 1935, § 2471; 27 Del. C. 1953, § 101; 50 Del. Laws, c. 70, § 1; 54 Del. Laws, c. 91; 84 Del. Laws, c. 42, § 134.) § 102 Corporate powers. ---The trustees elected and their successors shall be a corporation by the name adopted and certified. The corporation shall have perpetual succession with all the incidents and franchises of a corporation aggregate and may purchase, receive, hold, mortgage and enjoy property, real and personal, for the use of the society or congregation, their ministers or members or for schools, almshouses or burying grounds. The act of a majority of the trustees shall be valid. (26 Del. Laws, c. 89, § 4; Code 1915, § 2167; Code 1935, § 2474; 27 Del. C. 1953, § 102.) § 103 Change of name. ---If at any time three fourths of the trustees of the corporation created under this chapter or under Chapter 39 of the Code of 1852 shall think it wise to change the name of the corporation, they may do this by certifying the same, under the hands and seals of three fourths of the trustees, to the recorder, as provided for in the case of the filing of the original certificate mentioned in § 101 of this title. (26 Del. Laws, c. 89, § 2; Code 1915, § 2165; Code 1935, § 2472; 27 Del. C. 1953, § 103.) § 104 Estate vested in corporation. ---All the estate, right and title which any such society or congregation may have in any property, real or personal, in themselves, or by trustees, or for their use before incorporation shall upon incorporation become vested in the corporation, which may grant, demise or dispose thereof. (26 Del. Laws, c. 89, § 5; Code 1915, § 2168; Code 1935, § 2475; 27 Del. C. 1953, § 104.) § 105 Election of trustees. ---The trustees shall be elected at a public meeting of the society or congregation, held at their usual place of worship, on 10 days notice by advertisements at the front door of such place and by a plurality of votes of the members present. (26 Del. Laws, c. 89, § 3; Code 1915, § 2166; Code 1935, § 2473; 27 Del. C. 1953, § 105.) § 106 Vacancies among trustees. ---Other trustees may be elected, and vacancies filled by election as prescribed in § 105 of this title and the election of a successor to any trustee shall remove that trustee from office. (26 Del. Laws, c. 89, § 6; Code 1915, § 2169; Code 1935, § 2476; 27 Del. C. 1953, § 106; 70 Del. Laws, c. 186, § 1.) § 107 Appointment of chair; powers and duties; access to records. ---The trustees shall choose 1 of their number as chair. The chair shall have custody of the seal and all books and papers of the corporation, shall make fair entries therein of all the proceedings of the trustees and every member of the society or congregation shall have access thereto. (26 Del. Laws, c. 89, § 7; Code 1915, § 2170; Code 1935, § 2477; 27 Del. C. 1953, § 107; 70 Del. Laws, c. 186, § 1.) § 108 Appointment and duties of treasurer. ---The trustees may also choose 1 of their number as treasurer and may require the treasurer to give security. The treasurer shall receive and account for all the money of the corporation. If no treasurer be chosen, the chair shall receive and account for such money. (26 Del. Laws, c. 89, § 9; Code 1915, § 2172; Code 1935, § 2479; 27 Del. C. 1953, § 108; 70 Del. Laws, c. 186, § 1.) § 109 Registry of births, deaths, burials and marriages; certified copies as evidence. ---The registry kept in any religious corporation’s books of marriages, births, deaths or burials shall be evidence in all courts. A copy of
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any entry, certified under the corporate seal and hand of the chair, shall be evidence. (26 Del. Laws, c. 89, § 8; Code 1915, § 2171; Code 1935, § 2478; 27 Del. C. 1953, § 109; 70 Del. Laws, c. 186, § 1.) § 110 Gifts or grants to religious corporations. ---Every religious corporation may take and hold by gift, devise, will, deed or lease real estate or moneys, securities or other things of value to be laid out in real estate and personal property of all kinds and may alien, mortgage or otherwise encumber and dispose of the same at pleasure, unless restricted by the provisions of such gift, devise, will, deed or lease. (26 Del. Laws, c. 89, § 11; Code 1915, § 2174; 29 Del. Laws, c. 167; Code 1935, § 2481; 27 Del. C. 1953, § 110.) § 111 Validating certain religious corporations. ---All religious corporations of this State incorporated prior to March 14, 1911, under the General Corporation Law and all religious corporations of this State incorporated since March 10, 1899, under Chapter 39 of the Revised Code of the State of Delaware, as published in 1893, and under §§ 115-118 of this title are good, valid, lawful and effective in law and all lands vested in, conveyed to and by such corporations shall vest a good fee simple title or other estate therein purported to be conveyed, and all acts and things done or to be done by such corporations or their officers in the usual and due course of the business of such corporations and within the lawful scope of the rights and powers conferred by the respective acts under which they were incorporated, and in pursuance of the lawful purposes for which such corporations were created, are good, valid, lawful and effective to perform and do what they purport to perform and do. The record of any such deed recorded or to be recorded, or other completed act done or to be done, or any office copy of such deed or other act, shall be admitted in evidence in all courts of this State, and shall be valid and conclusive evidence, with the same force and effect as if no doubt existed as to the validity of the incorporation of such religious societies under either chapter. (26 Del. Laws, c. 90; Code 1915, § 2180; Code 1935, § 2487; 27 Del. C. 1953, § 111.) § 112 Conveyances and grants to ecclesiastical officers. ---No grant, conveyance, devise or lease of personal or real estate to, nor any trust of such personal or real estate for the benefit of any person, and that person’s successor or successors in any ecclesiastical office, shall vest any estate or interest in such person or such person’s successor. No such grant, conveyance, demise or lease to or for any such person by the designation of any such office shall vest any estate or interest in any successor of such person. This section shall not be deemed to admit the validity of any such grant, conveyance, devise or lease made prior to its enactment. (11 Del. Laws, c. 275, § 1; Code 1915, § 2181; Code 1935, § 2488; 27 Del. C. 1953, § 112; 70 Del. Laws, c. 186, § 1.) § 113 Conveyances and grants to religious corporations. ---No grant, conveyance, devise or lease of any real estate dedicated or appropriated or intended to be dedicated or appropriated, to purposes of religious worship for the use of any congregation or society shall vest any right, title or interest in any person or persons to whom such grant, conveyance, devise or lease is made unless such grant, conveyance, devise or lease shall be made, both in form and in fact, to a corporation organized according to the provisions of the laws of this State, as contained and provided in and by this chapter. (11 Del. Laws, c. 275, § 2; Code 1915, § 2182; Code 1935, § 2489; 27 Del. C. 1953, § 113.) § 114 Formation of Protestant Episcopal Church corporations. ---The rector, wardens and vestrymen of any Protestant Episcopal Church, on certifying their name or style as provided in § 101 or § 103 of this title, shall be a corporation with the franchise, rights and powers therein vested in trustees of other religious societies. (26 Del. Laws, c. 89, § 10; Code 1915, § 2173; Code 1935, § 2480; 27 Del. C. 1953, § 114.) § 115 Formation of Roman Catholic Church corporations. ---In every congregation of the Roman Catholic Church, the ordinary of the diocese, the pastor of the congregation for the time being, according to the practice and discipline of the Church, 1 other person annually designated by the ordinary, and 2 other persons annually elected by the members of the congregation from among their number (the annual election and appointment to be made when designated by the ordinary in each and every year, with the incumbents to hold office until their respective successors shall be so elected or appointed, as the case may be), shall be constituted a body politic and corporate, under such title as may be assumed by the corporation, and recorded in a certificate under the hands and seals of the corporators first chosen or otherwise entitled to office under the terms of this chapter. The certificate shall be acknowledged before any person entitled to take acknowledgments of instruments to be used in this State and recorded among the corporation records of the county wherein the congregation has or possesses a place of worship. (19 Del. Laws, c. 599, § 1; Code 1915, § 2716; Code 1935, § 2483; 27 Del. C. 1953, § 115; 59 Del. Laws, c. 29.) § 116 Additional powers of Roman Catholic Church corporations; records; pastor as president. ---Every Roman Catholic Church corporation, in addition to the powers now possessed by religious corporations by virtue of the laws of this State, may appoint the hour and place of the meeting at which the 2 of its members annually elected shall be chosen and the manner in which such election shall be held and shall provide a good and sufficient record book wherein shall be registered from time to time all of its proceedings, which record shall at all times be open to inspection by any member of the congregation or any ecclesiastical officer of the denomination of Christians having, according to the discipline and practice thereof, authority over the congregation or the right to be informed concerning its management and interests of the corporation. The pastor of the congregation for the time being (if any there be)
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shall always be present. It may frame such rules and ordinances for the orderly conduct of divine worship and the advancement of the interests of the congregation as a majority of the corporation may from time to time deem necessary, provided that the same shall not conflict with the constitution or laws of the United States or of this State, or with the discipline and practice of the denomination. (19 Del. Laws, c. 599, § 2; Code 1915, § 2177; Code 1935, § 2484; 27 Del. C. 1953, § 116.) § 117 Filling vacancies among corporators of Roman Catholic Church corporations; change of name. ---(a) (1) If at any time 1 of the annually elected corporators of a Roman Catholic Church corporation dies, resigns or becomes disqualified by ceasing to be a pewholder of the church, it shall be competent for the remaining members of the corporation to appoint a successor to the one so dying, resigning or becoming disqualified, which successor shall hold office until someone to fill that successor’s place shall be chosen at the next annual meeting of the congregation. ---(2) If at any time the member annually appointed by the ordinary of the diocese dies or resigns, it shall be competent for the ordinary to fill the vacancy in the corporation by appointing another person to serve for the remainder of the term of the one so dying or resigning and until a successor thereto shall be duly chosen according to the terms of this chapter. ---(b) If at any time the corporators for the time being think it wise to change the name of the corporation, they may do the same by a certificate under their hands and seals to be acknowledged and recorded as provided for in the case of the original certificate mentioned in § 115 of this title. (19 Del. Laws, c. 599, § 3; Code 1915, § 2178; Code 1935, § 2485; 27 Del. C. 1953, § 117; 84 Del. Laws, c. 42, § 1.) § 118 Conveyances to Roman Catholic Church corporations; prior gifts to inure to benefit of newly formed corporations. ---Any person, individual or corporation holding land or goods and chattels or any interest therein in trust for any particular church or congregation, church society, congregation of the denomination wherein a Roman Catholic Church corporation is formed in accordance with the terms of this chapter, who conveys the same to the corporation as soon as possible after its formation under the terms of this chapter and any gift, devise, or bequest made to any such congregation, or to any person, individual or corporation in trust therefor, shall inure to the benefit of the corporation to be formed in such congregation (if any such corporation is so formed according to the terms of this chapter), whether the corporation is or is not accurately described in such gift, devise or bequest, provided that the intention of the donor or testator is clear that the same should inure to the benefit of the congregation. (19 Del. Laws, c. 599, § 4; Code 1915, § 2179; Code 1935, § 2486; 27 Del. C. 1953, § 118.)
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Associations
Christian
Men’s
Young
and
Schools
Sunday
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3
Chap.
Chapter 3
Sunday Schools and Young Men’s Christian Associations
§ 301 Formation. ---Any 10 or more persons associated together for the promotion of the interests of Sunday schools, or as a Young Men’s Christian Association for the promotion of religious knowledge and improvement, may become incorporated by the election of managers, not less than 3 nor more than 12, and by taking a corporate name and certifying the same, together with the object of the incorporation, under the hands and seals of the managers, to the Recorder of the county, who shall record such certificate. (13 Del. Laws, c. 419, § 1; Code 1915, § 2186; Code 1935, § 2493; 27 Del. C. 1953, § 301.) § 302 Powers. ---The managers elected shall, upon the recording of the certificate, become a body corporate by the name adopted and certified. The corporation shall have succession for 20 years, may sue and be sued and may purchase, receive, hold and enjoy property, real and personal, for the use and objects of the association and may ordain bylaws for the regulation of its affairs not inconsistent with the laws of this State or of the United States. Such corporation shall hold no real estate except such as is actually occupied and used for the purposes specified in the certificate of incorporation. (13 Del. Laws, c. 419, § 2; Code 1915, § 2187; Code 1935, § 2494; 27 Del. C. 1953, § 302.) § 303 Election and powers of managers; appointment of officers. ---The officers of the corporation, in addition to the managers, shall be a president, who shall be 1 of the managers, a secretary, a treasurer, and such other officers as the bylaws prescribe. The managers shall be elected annually at such place and in such mode as the bylaws direct, and upon their election the managers shall appoint and may from time to time by resolution remove and reappoint the president, secretary, treasurer and other officers of the corporation. The managers shall have the management of the affairs and business of the corporation, and the acts of a majority shall be valid. (13 Del. Laws, c. 419, § 3; Code 1915, § 2188; Code 1935, § 2495; 27 Del. C. 1953, § 303.) § 304 Revocation of corporate powers. ---The General Assembly reserves the power at any time to revoke the corporate powers of any association incorporated under this chapter. (13 Del. Laws, c. 419, § 4; Code 1915, § 2189; Code 1935, § 2496; 27 Del. C. 1953, § 304.)
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SCHOOLS
SABBATH
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5
Chap.
Chapter 5
SABBATH SCHOOLS
§ 501 Annual return in Sussex County. ---In Sussex County, the teachers or persons having charge of a Sabbath school shall return to the County Council in March, annually, the manner in which any appropriation has been applied and the vouchers therefor. In default of such return, the County Council shall make no appropriation to the school for the next year. (Code 1852, § 703; Code 1915, § 2191; Code 1935, § 2498; 27 Del. C. 1953, § 502.)
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[Repealed].
Provisions
Miscellaneous
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7
Chap.
Chapter 7
Miscellaneous Provisions [Repealed].
§§ 701-704 Permit for religious camp meetings; composition of permit commission; powers and duties of commission; issuance of permit; regulations; fee; holding meetings without permit; exceptions; penalties [Repealed]. ---Repealed by 77 Del. Laws, c. 273, § 1, effective May 21, 2010.
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Del. Code § title29
Legislative Council, General Assembly State of Delaware
Title 29
State Government
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 29 - State Government
Part I
General Provisions
Chapter 1
Jurisdiction and Sovereignty
§ 101. Territorial limitation. The jurisdiction and sovereignty of the State extend to all places within the boundaries thereof, subject only to the rights of concurrent jurisdiction as have been granted to the State of New Jersey or have been or may be granted over any places ceded by this State to the United States. (Code 1852, § 3; Code 1915, § 2; Code 1935, § 2; 29 Del. C. 1953, § 101.)
§ 102. Consent to purchase of land by the United States. The consent of the General Assembly is given to the purchase by the government of the United States, or under authority of such government, of any tract, piece or parcel of land, not exceeding 10 acres in any 1 place or locality, for the purpose of erecting thereon lighthouses and other needful public buildings whatsoever and of any tract, piece or parcel of land, not exceeding 100 acres in any 1 place or locality, for the purpose of erecting thereon forts, magazines, arsenals, dockyards and other needful buildings, from any individuals, bodies politic or corporate within the boundaries or limits of the State; and all deeds, conveyances or title papers for the same shall be recorded as in other cases upon the land records of the county in which the land so conveyed may be situated and, in like manner, may be recorded a sufficient description, by metes and bounds, courses and distances of any tracts or legal divisions of any public land belonging to the United States, which may be set apart by the general government for any or either of the purposes before mentioned by an order, patent or other official document or papers so describing such land. The consent herein given is in accordance with clause 18, § 8 of Article I of the Constitution of the United States and with the acts of Congress in such cases made and provided. (14 Del. Laws, c. 357; 21 Del. Laws, c. 1; Code 1915, § 4; Code 1935, § 4; 29 Del. C. 1953, § 102.)
§ 103. Cession of lands to the United States; taxation; reversion to State. (a) Whenever the United States shall desire to acquire a title to land of any kind belonging to this State, whether covered by the navigable waters within its limits or otherwise, for the site of any lighthouse, beacon, lifesaving station or other aid to navigation, and application is made by a duly authorized agent of the United States describing the site or sites required therefor, the Governor may convey the site to the United States and cede to the United States jurisdiction over the site. No single tract desired for any lighthouse, beacon or other aid to navigation shall contain more than 10 acres or, for any lifesaving station, more than 1 acre. (b) All the lands, rights and privileges which may be ceded under subsection (a) of this section and all the buildings, structures, improvements and property of every kind erected and placed on such lands by the United States shall be exempt from taxation so long as the same shall be used for the purposes mentioned in subsection (a) of this section. (c) The title of any land which may be ceded under subsection (a) of this section shall escheat and revert to the State, unless the construction thereon of the lighthouse, beacon, lifesaving station or other aid to navigation for which it is ceded shall be commenced within 2 years after the conveyance is made and shall be completed within 10 years thereafter. (15 Del. Laws, c. 5; Code 1915, § 5; Code 1935, § 5; 29 Del. C. 1953, § 103.)
§ 104. Execution of process on ceded territory. The sovereignty and jurisdiction of this State shall extend over any lands acquired by the United States under §§ 101-103 of this title, to the extent that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired or the buildings or structures thereon erected. (14 Del. Laws, c. 357, § 3; 21 Del. Laws, c. 1, § 3; Code 1915, § 6; Code 1935, § 6; 29 Del. C. 1953, § 104.)
§ 105. Nanticoke Indians; proof of descent; recognition. (a) The class of people known as the descendants of the Nanticoke Indians, formerly of Sussex County but at present located in the several counties of this State, who desire to migrate, may appear before any justice of the peace or notary public of this State and, on the evidence and proof that the person belongs to or is a descendant of the Nanticoke Indians, may procure from such justice or notary a certificate reciting such facts. (b) The descendants of the Nanticoke Indians named in subsection (a) of this section shall be recognized as such within this State. (22 Del. Laws, c. 470, §§ 1, 2; Code 1915, § 3563; Code 1935, § 4053; 29 Del. C. 1953, § 105; 70 Del. Laws, c. 186, § 1.)
§ 106. Lenape Indian Tribe of Delaware; recognition. (a) Legislative findings. — The General Assembly finds all of the following:
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(1) The Lenape Indian Tribe of Delaware, referred to as “the Tribe” in this section, has an unbroken history of hundreds of years of
settlement and continued residency in the vicinity of the Town of Cheswold in Kent County.
(2) Members of the Tribe preserved, displayed, and manifested close cultural ties with one another by conducting themselves in such
a social and economic manner so as to identify themselves as being culturally and ethnically distinct.
(3) The Tribe can date their ancestral ties as far back as the early 1700s.
(4) The Tribe was formerly known as “the Moors” and, for many decades of the twentieth century, state documents such as driver’s
licenses designated the Tribe’s race with an “M”.
(5) The Delaware School Code of 1921 provided that the State Board of Education could establish a school “for the children of people
called Moors.” As a result, 2 schools were built, 1 in the Town of Cheswold and 1 at Fork Branch on Denney’s Road in Kent County.
(6) There has been unofficial statewide acceptance and recognition of the Tribe for at least 125 years. Through a formal process
of reviewing applicable state laws, historical and anthropological references, and previous actions of the General Assembly and State
agencies, the Department of State concluded by 2009 that this State has historically acknowledged the Tribe.
(7) The Smithsonian Institute issued an annual report in 1948, in which the Tribe was referred to as the “Moors of Kent County,
Delaware,” and identified as a surviving Indian group of the eastern United States.
(8) The United States Census Bureau approved a defined “state designated tribal statistical area” for the Tribe for the 2010 Census.
(9) The Tribe has a constitutional tribal government, and the preamble of its constitution states that its purpose is to:
a. Preserve the legacy of its ancestors.
b. Promote the interests of its people.
c. Affirm its tribal identity.
d. Establish justice.
e. Ensure domestic tranquility.
f. Defend the general welfare.
g. Exercise its governmental jurisdiction.
h. Protect its environmental, cultural, and human resources.
i. Secure its national sovereignty for future generations of its people.
(b) Recognition. — The Lenape Indian Tribe of Delaware is designated and recognized as an American Indian Tribe with a recognized
tribal governing body carrying out and exercising substantial governmental duties and powers. The Tribe is recognized as eligible for the special programs and services that the United States provides to Indians because of their status as Indians. (80 Del. Laws, c. 367, § 1.)
§ 107. Nanticoke Indian Tribe of Delaware; recognition. (a) The Nanticoke Indian Tribe of Delaware is designated and recognized as an American Indian tribe with a tribal governing body carrying out and exercising substantial governmental powers and duties. The Tribe is recognized as eligible for all programs, services, and other benefits provided to Indian tribes by the United States or any state thereof because of their status as American Indians. (b) The Nanticoke Indian Tribe of Delaware is designated and recognized as the first state-recognized tribe in Delaware, and has been so recognized since March 10, 1881. (80 Del. Laws, c. 346, § 1.)
§ 108. Concurrent juvenile legislative jurisdiction. (a) Purpose. — The General Assembly declares that the purpose of the concurrent juvenile legislative jurisdiction established under this section is to permit the State to exercise concurrent jurisdiction with the United States when a juvenile, while under the age of 18, is alleged to have violated a federal criminal law within the boundaries of a United States military installation located within the boundaries of the State. Concurrent jurisdiction will permit prosecution by the State of a juvenile for crimes or delinquent acts the juvenile is alleged to have committed on military installations in Delaware, but only if the violation of federal law is also a crime or delinquent act under state law. This section shall also apply to the prosecution of a juvenile as an adult under §§ 921 and 1010 of Title 10. Adjudication in Family Court and Superior Court and access to Delaware state juvenile resources will result in better outcomes for these juveniles than prosecution in the federal court system which lacks juvenile-focused courts and resources. (b) Relinquishment of exclusive juvenile jurisdiction. — (1) For purposes of this section “military installation” means a base, camp, post, station, yard, center, or homeport facility for any ship, under the jurisdiction of the Department of Defense. (2) In accordance with 10 U.S.C. § 2683 the State hereby authorizes acceptance of relinquishment by the United States of exclusive federal jurisdiction over alleged juvenile violations of federal criminal laws occurring on the Dover Air Force Base property or on
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any other land, previously ceded to the United States by the State, which contains a military installation. Acceptance by the State of
relinquishment of exclusive criminal juvenile legislative jurisdiction is conditioned on all the following conditions being met:
a. A duly authorized official or agent of the United States, acting under authority conferred by Congress, under 10 U.S.C. § 2683,
must notify the Governor that the United States wishes to relinquish to the State exclusive juvenile legislative jurisdiction, or a
portion thereof, held by the United States over the lands designated in such notice, which are within the boundaries of this State,
and used by the United States as a military installation.
b. The Governor shall not accept a request under this paragraph (b)(2) unless the request contains all of the following:
1. States the name, position, and legal authority of the person requesting the cessation of exclusive juvenile legislative
jurisdiction.
2. Describes by metes and bounds the United States military installation property subject to the concurrent juvenile legislative
jurisdiction.
3. Indicates whether the request includes future contiguous expansions of land acquired for military purposes.
(c) Acceptance of concurrent juvenile legislative jurisdiction. —
(1) By appropriate Executive Order the Governor, in the Governor’s discretion, may fully or partially accept, on behalf of the State a
request by the United States under subsection (b) of this section. If the Governor accepts the request, the Governor must send a notice
of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Governor’s written
acceptance must state the elements of the request that are accepted.
(2) The Governor’s Executive Order accepting concurrent juvenile legislative jurisdiction must be filed in the office of the Secretary
of State and in the office of the Recorder of Deeds of the county in which the affected real estate is located. After filing and recording
of the Governor’s Executive Order, the Governor shall send to the duly-authorized official or agent of the United States who requested
the concurrent juvenile legislative jurisdiction, the following documents:
a. The request from the United States official or agent requesting concurrent juvenile legislative jurisdiction.
b. The Governor’s Executive Order accepting concurrent juvenile legislative jurisdiction.
c. The Governor’s written acceptance of concurrent juvenile legislative jurisdiction.
d. A description by metes and bounds of the United States military installation property subject to the concurrent juvenile legislative
jurisdiction.
(d) The State does not incur or assume any liability as a result of the Governor accepting concurrent juvenile legislative jurisdiction.
(e) Upon the establishment of concurrent juvenile legislative jurisdiction under this section, any Delaware state agency or local
government agency may enter into a memorandum of understanding with any federal agency for coordination and designation of responsibilities related to such concurrent juvenile legislative jurisdiction. (84 Del. Laws, c. 321, § 3, § 3; 84 Del. Laws, c. 42, § 1; 85 Del. Laws, c. 68, § 40.)
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Part I
General Provisions
Chapter 2
State Boundaries
§ 201. Description. The limits of the State are as follows: On the south, the divisional line between Delaware and Maryland; on the west, the divisional line between Delaware and Maryland extended northerly to its intersection with the southerly boundary line of Pennsylvania; on the north, the boundary line between Maryland and Pennsylvania extended easterly to its intersection with the 12-mile circle described from New Castle and the 12-mile circle extended to low water mark on the eastern side of the Delaware River; and on the east, the low water mark on the eastern side of the Delaware River within the 12-mile circle, the southerly perimeter of the 12-mile circle from its intersection with the low water mark westerly to the middle line of the Delaware River, the middle lines of the Delaware River and Bay below the 12-mile circle to the mouth of the Bay and the Atlantic Ocean. (Code 1852, § 4; Code 1915, § 7; Code 1935, § 7; 29 Del. C. 1953, § 301.) § 202. Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands. (a) The monuments marking the common boundaries between the State and any adjacent state or commonwealth are the joint property of the State and of such adjoining states or commonwealth. (b) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall examine at least every 5 years the monuments marking the boundaries of this State. Whenever the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall find that the monuments marking the boundary between Delaware and any other state or commonwealth have been lost, moved, removed or defaced so that the boundary thereof becomes obscure, inaccurate or incorrect, the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall cooperate with the state officials of any adjacent state or commonwealth in the replacement, restoration or repair of the monuments on the common boundary line. (c) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control may on behalf of the State make joint agreements and enter into joint contracts with appropriate officials or agencies of any adjacent state or commonwealth and with the United States Coast and Geodetic Survey or any similar neutral party or agency to resurvey, remark or otherwise delineate more thoroughly any part of any common boundary between the State and any adjacent state or commonwealth or the offshore boundary between the State and the federal government. Any such resurvey shall reproduce with greatest possible fidelity the present established boundaries of this State. In the event that a question arises as to the common boundary between the State and the federal government, or any adjacent state or commonwealth, a 3-member commission shall be appointed by the Governor to act in conjunction with the Secretary of the Department of Natural Resources and Environmental Control and the Director of the Division of Historical and Cultural Affairs in negotiating a final settlement of the matter with the appropriate officials of the federal government, or the adjacent state or commonwealth. (d) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control, their authorized agents or employees, may enter upon any property for the purpose of examining any boundary monument, except that no entry shall be made during the growing season upon any land planted in crops which might be damaged by such entry. (48 Del. Laws, c. 256, § 1; 29 Del. C. 1953, § 302; 53 Del. Laws, c. 255; 58 Del. Laws, c. 102, §§ 1, 2, 4; 71 Del. Laws, c. 368, § 1.) § 203. Penalty for removing, damaging or possessing monument. (a) Whoever moves, removes, breaks, mutilates, defaces, destroys or otherwise injures any monument marking any boundary between this State and any adjacent state or commonwealth shall be guilty of a class B misdemeanor. (b) Any person who has in possession any monument heretofore placed or prepared to be placed upon any of the boundary lines specified in subsection (a) of this section shall, upon demand being made for the monument by the Director of the Division of Historical and Cultural Affairs, surrender and deliver the monument to the Director of the Division of Historical and Cultural Affairs, or to the Director’s authorized agents or employees. (c) Whoever fails on demand to surrender and deliver the monument as required by subsection (b) of this section shall be guilty of a class B misdemeanor. (48 Del. Laws, c. 256, § 2; 29 Del. C. 1953, § 303; 53 Del. Laws, c. 255; 58 Del. Laws, c. 102, § 3; 65 Del. Laws, c. 475, §§ 1, 2; 70 Del. Laws, c. 186, § 1.) § 204. Publication of Delaware boundaries. The Director of the Division of Historical and Cultural Affairs is hereby directed to publish a small pamphlet setting forth in latitudes and longitudes, as currently determined by the United States Coast and Geodetic Survey, the boundaries of the State. In addition to
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other distribution, copies shall be sent to the Department of Natural Resources and Environmental Control, the State Department of Transportation, the Division of Legislative Services, and the Library of Congress. (29 Del. C. 1953, § 304; 58 Del. Laws, c. 86; 84 Del. Laws, c. 255, § 28.)
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Part I
General Provisions
Chapter 3
State Seal, Song and Symbols
§ 301. Great Seal. The seal now used as the Great Seal of this State and bearing the arms of this State shall be the Great Seal of this State. It is emblazoned as follows: Party per fess, or and argent, the first charged with a garb (wheat sheaf) in bend dexter and an ear of maize (Indian Corn) in bend sinister, both proper; the second charged with an ox statant, ruminating, proper; fess, wavy azure, supporters on the dexter a husbandman with a hilling hoe, on the sinister a rifleman armed and accoutred at ease. Crest, on a wreath azure and argent, a ship under full sail, proper, with the words “Great Seal of the State of Delaware,” the dates “1704, 1776, and 1787,” and the words “Liberty and Independence” engraved thereon. (Code 1852, § 463; 24 Del. Laws, c. 89, § 1; Code 1915, § 387; Code 1935, § 361; 29 Del. C. 1953, § 501; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 276, § 1.)
§ 302. Seal of state officials, courts and public officers. The seals of the Secretary of State and Auditor of Accounts and of the several courts of this State and of the several public offices and officers in the several counties, now established and used, shall be the seals of such courts, offices and officers respectively and shall be so received and used. The seal of the office of the clerk of peace shall be the seal of the county government of Kent and Sussex Counties. The seal of the office of the clerk of the county council shall be the seal of the county government of New Castle County. (Code 1852, § 464; 21 Del. Laws, c. 114; Code 1915, § 388; Code 1935, § 362; 29 Del. C. 1953, § 502; 54 Del. Laws, c. 186; 55 Del. Laws, c. 85, § 38A.)
§ 303. State song. The official state song shall consist of the poem “Our Delaware” containing 3 verses, each verse in honor of a county of this State, written by George B. Hynson; a fourth verse in praise of the State and pledging the loyalties of its citizens, written by Donn Devine; and a musical score composed specifically for the state song by Will M. S. Brown.
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(34 Del. Laws, c. 253; Code 1935, § 2763; 29 Del. C. 1953, § 503; 61 Del. Laws, c. 45, § 1.)
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§ 304. State bird. The blue hen chicken is the official bird of the State. (42 Del. Laws, c. 128; 29 Del. C. 1953, § 504.) § 305. State tree. The American holly (Ilex opaca, Aiton) is adopted as the state tree. (42 Del. Laws, c. 86; 29 Del. C. 1953, § 505.) § 306. State flag. The design of the official state flag shall be as follows: A background of colonial blue surrounding a diamond of buff in which diamond is placed the correct coat of arms of the State in the colors prescribed by law and in accordance with § 301 of this title, with the words, “December 7, 1787,” to be inscribed underneath the diamond. The official state colors, colonial blue and buff, are designated by the Textile Color Card Association of the United States, Inc., New York, as “arno blue” Cable No. 10663, and “golden beige” Cable No. 10781 respectively; the color shades having been determined by Colorimetric Specifications of the National Bureau of Standards, United States Department of Commerce, in Test No. 2, 1/140565, dated November 18, 1954, which is on file with the Delaware Public Archives, Dover, Delaware. The colors of the coat of arms and other elements of the state flag shall be the following: Husbandman, trousers of gray brown, shirt of red, hat and hilling hoe of brown; rifleman, suit of green, binding, bag and leggings of buff, hat of brown, powder flask and feather of gray; shield, frame of shaded yellow, top panel of orange, center panel of blue, lower panel of white, ox of red brown, grass and corn of green, wheat and branches underfoot of yellow, heraldric wreath to be blue and silver (twisted); ship under full sail to have a dark hull and white sails; date, December 7, 1787, to be white; cord and tassels to be blue and gold. (29 Del. C. 1953, § 506; 50 Del. Laws, c. 288, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, § 10.) § 307. Governor’s flag. The official flag of the Governor of the State shall be identical to the official flag of this State except that it shall also bear a fringe of gold surrounding the edge of the flag and the pole upon which the Governor’s flag is carried shall have mounted thereon a model of a blue hen’s fighting cock. (29 Del. C. 1953, § 507; 50 Del. Laws, c. 290, § 1.) § 308. State flower. The peach blossom, as originally adopted as the floral emblem of the State on May 9, 1895, shall be the official state flower. (29 Del. C. 1953, § 508; 50 Del. Laws, c. 289, § 1.) § 309. State bug. The lady bug shall be the official state bug for the State. (59 Del. Laws, c. 300, § 1.) § 310. State mineral. The official state mineral is sillimanite. (61 Del. Laws, c. 21, § 1.) § 311. State fish. The weakfish (Cynoscion genus) is the official fish of the State. (63 Del. Laws, c. 90, § 1.) § 312. State beverage. Milk shall be the official beverage of the State. (64 Del. Laws, c. 41, § 1.) § 313. State herb. Solidago odora, commonly known as “sweet golden rod,” shall be the official herb of the State. (70 Del. Laws, c. 386, § 1.) § 314. State fossil. The official state fossil is the belemnite. (70 Del. Laws, c. 427, § 1.)
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§ 315. State butterfly. The tiger swallowtail (Pterourus glaucus) is the official butterfly of the State. (72 Del. Laws, c. 44, § 1.)
§ 316. State soil. Greenwich loam (a coarse, loamy, mixed, semiactive, mesic, Typic Hapludult) is the official soil of the State. (72 Del. Laws, c. 288, § 1.)
§ 317. State star. The official state star is Delaware Diamond, located in the constellation of Ursa Major (Great Bear), with coordinates of right ascension 9h40m44s and declination 48°14#2#. (72 Del. Laws, c. 398, § 1.)
§ 318. State nickname. The official nickname of the State is “The First State.” (73 Del. Laws, c. 268, § 1.)
§ 319. State marine animal. The official state marine animal is the horseshoe crab. (73 Del. Laws, c. 326, § 1.)
§ 320. State macroinvertebrate. The stonefly (order Plecoptera) is the official macroinvertebrate of the State. (75 Del. Laws, c. 37, § 1.)
§ 321. State dessert. Peach pie shall be the official dessert of the State. (77 Del. Laws, c. 190, § 1.)
§ 322. State fruit. Strawberries shall be the official fruit of the State. (77 Del. Laws, c. 255, § 1.)
§ 323. State wildlife animal. The grey fox is the official wildlife animal of the State. (77 Del. Laws, c. 286, § 1.)
§ 324. State shell. The shell of the channeled whelk (Busycotypus canaliculatus) shall be the official shell of the State. (79 Del. Laws, c. 215, § 1.)
§ 325. State sport. Bicycling is the official sport of the State. (79 Del. Laws, c. 253, § 1.)
§ 326. State dance [Expired]. (80 Del. Laws, c. 334, § 1; expired by operation of 80 Del. Laws, c. 334, § 3, eff. July 29, 2017.)
§ 327. State dog. 84 Del. Laws, c. 38 designates rescue dogs as the official state dog. (84 Del. Laws, c. 38, § 1.)
§ 328. State tall ship. The ship Kalmar Nyckel is designated the official tall ship of Delaware. (80 Del. Laws, c. 423, § 1.)
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§ 329. State historical aircraft. The Bellanca Cruisair is the official historical aircraft of Delaware. (82 Del. Laws, c. 172, § 1.) § 330. State sea turtle. The loggerhead turtle (Caretta caretta) is the official sea turtle of the State. (83 Del. Laws, c. 382.) § 331. 9/11 Remembrance Flag. (a) The 9/11 Remembrance Flag is designated as the symbol of our State’s concern and commitment to remembering all of the lives lost as a result of the terrorist attacks of September 11, 2001. Among those lost were members of the military, police, fire, and other rescue and first-response personnel acting in the line of duty. Each year on September 11, schools are encouraged to offer instruction on the events of that day, and the role of the many military, police, fire, and other rescue and first-response personnel in responding to the attacks. (b) The chief administrator of each governmental building or facility within this State, as defined in subsection (c) of this section, is encouraged to display the 9/11 Remembrance Flag on September 11 of each year. (c) For purposes of this section, “governmental building or facility within this State” means the following locations: (1) The Delaware Legislative Hall, the Office of the Governor and each other Delaware constitutional office, the chambers of the Delaware Senate and the Delaware House of Representatives, the Delaware Supreme Court Building and each Delaware trial courthouse, as well as any official State of Delaware veterans’ memorial, Delaware veterans’ home, or Delaware veterans’ cemetery; (2) To the extent authorized by federal law and regulation, any United States veterans’ cemetery, veterans’ memorial, post office, or other federal building, as well as any United States Department of Veterans Affairs medical center, veterans service center, and veterans’ community-based outreach center; (3) Any appropriate local government building or facility, as determined by the governing body of that local government. (d) This section may not be construed or interpreted to require any employee to report to work solely for the purpose of providing for the display of the 9/11 Remembrance Flag or any other flag. (e) If a governmental building or facility within this State opts to display the 9/11 Remembrance Flag, the chief administrator of that facility shall prescribe procedures necessary for the display. (f) The 9/11 Remembrance Flag is permitted to be flown beneath, and is not in place of, the American Flag. (g) Any named public office or public official may accept a donation of 1 or more 9/11 Remembrance Flags for the purpose of this section.
(83 Del. Laws, c. 423, § 1.)
§ 332. State dinosaur. The Dryptosauridae is designated the official dinosaur of this State. (83 Del. Laws, c. 501, § 1.)
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§ 333. State cocktail. The Orange Crush is the official cocktail of Delaware. (84 Del. Laws, c. 351, § 1.)
§ 334. State dragonfly. The blue dasher (Pachydiplax longipennis) is the official dragonfly of this State. (85 Del. Laws, c. 85, § 1.)
§ 335. State migratory bird. The red knot is the official migratory bird of Delaware. (85 Del. Laws, c. 86, § 1.)
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Part I
General Provisions
Chapter 4
Buildings and Grounds
Subchapter I
General Provisions
§ 401. General powers and duties. The Office of Management and Budget, hereinafter referred to in this chapter as the “Office,” shall: (1) Approve and determine the location of any state buildings upon state lands owned or acquired by the State in the City of Dover; (2) Determine and cause the style of architecture of any building erected, reconstructed or altered on the state group park or any state lands adjacent thereto to conform with the architecture of the other buildings erected thereon since 1930; (3) Review and approve the style of architecture of all buildings erected, reconstructed or altered on all other state lands in the City of Dover; (4) Supervise the furnishing or refurnishing of the Governor’s office in the legislative building or wherever the same may be located at the State Capitol and act in an advisory capacity in the furnishing or refurnishing of any other important public rooms or halls; (5) Consider and determine the effect landscaping and maintenance of lands might have on the appearance of buildings and grounds; (6) Determine and approve the location of all pipes, conduits, cables, wires and other service media, either above or below the ground, which in the opinion of the Office may be required for the distribution of utility service to or across those lands within the jurisdiction of the Office. After such determination and approval of location, the Office may grant, in the name of the State, those rights-of-way or easements across or through state lands which in its opinion are deemed necessary for adequate utility service. (44 Del. Laws, c. 211, §§ 5, 7; 48 Del. Laws, c. 116, § 1; 29 Del. C. 1953, § 3105; 57 Del. Laws, c. 740, §§ 1B-1D; 75 Del. Laws, c. 88, § 16(5).)
§ 402. Duty to survey, lay out and beautify lands; power to enter into contracts, employ assistants and obtain cooperation from other agencies. (a) The Office shall cause the lands acquired under this chapter to be surveyed, laid out and beautified to the end that the same may be used for sites for state buildings to meet the needs of the State for adequate quarters for state departments, boards and commissions functioning at the State Capital and for state grounds and may cause any building or buildings being on the lands at the time they are acquired to be sold and removed or taken down, in the discretion of the Office. In the event of the sale of any such building or buildings, the proceeds thereof shall be deposited in a special fund of the State to fund capital projects of the State to the credit of the State. (b) The Office may: (1) Make and enter into contracts for services, labor and materials needful or proper for the purposes of this section or any of them; (2) Employ such assistants as it shall require in the performance of its duties; and (3) Call upon any department of the state government for assistance in carrying out the purposes of this chapter. (45 Del. Laws, c. 294, § 6; 46 Del. Laws, c. 191, § 6; 29 Del. C. 1953, § 3106; 57 Del. Laws, c. 740, §§ 1B, 1E; 63 Del. Laws, c. 142, § 41; 75 Del. Laws, c. 88, § 16(5).)
§ 403. Approval of Office prerequisite before erecting state buildings. No department or agency of this State shall erect, reconstruct or alter any building on any state lands in the City of Dover without first having obtained the approval of the Office as to the style of architecture and general internal and external appearance as well as to the location of such building. (44 Del. Laws, c. 211, § 6; 29 Del. C. 1953, § 3107; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).)
§ 404. Title to lands; gift or sale of lands by City of Dover. (a) The title to the lands and premises acquired by purchase, gift or condemnation under this chapter shall be taken in the name of the State. (b) In the case of lands and premises or easements owned by or held for the use of the City of Dover, the Council of such City may consent to the gift or sale thereof to the State, and a deed executed and acknowledged by the Mayor of the City and attested by the Clerk or Secretary of Council conveying to the State the lands and premises or the easements therein shall be deemed and held to vest in the State an absolute title in fee simple thereto. (45 Del. Laws, c. 294, § 3; 46 Del. Laws, c. 191, § 3; 29 Del. C. 1953, § 3108.)
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§ 405. Condemnation proceedings. Whenever the Office cannot agree with the owner of any of the lands and premises or easements which the Office is authorized to acquire for the State and which is desired by the Office for the purposes of this chapter, for the purchase thereof the Office may condemn such property as provided in Chapter 61 of Title 10. (45 Del. Laws, c. 294, § 4; 46 Del. Laws, c. 191, § 4; 29 Del. C. 1953, § 3109; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).)
§ 406. Dedication to public of certain lands for street uses. Should it be thought desirable by the Office to widen and/or straighten or alter any street abutting upon any of the lands acquired under this chapter, it may cause to be laid off so much and such portion of the land so acquired as it deems necessary or proper to effect such widening, straightening or altering and shall cause a description thereof to be recorded in the office of the Recorder for Kent County and thereupon the land so described shall be deemed and held to be a dedication to the public for street uses and to be under and subject to the jurisdiction of the municipal authorities having supervision over the streets of the City of Dover without any further or other act, acceptance or consent. (45 Del. Laws, c. 294, § 5; 46 Del. Laws, c. 191, § 5; 29 Del. C. 1953, § 3110; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).)
§ 407. Emergency access to certain state lands. Where an area of real property owned by this State is bounded by a wall, fence or other structure which has gates or other lockable entrances, the Office shall notify those ambulance, fire and police services which are nearest to the enclosed area of the location of such gates and entrances. The Office shall provide the ambulance service, fire company or police department nearest each such enclosed area a key to each entrance. For purposes of this section, the words “real property” shall include all improved land only and shall not include buildings. (63 Del. Laws, c. 166, § 6; 75 Del. Laws, c. 88, § 16(5).)
§ 408. Display of POW/MIA flag. A state agency, including a public school, shall cause a POW/MIA flag to be displayed out-of-doors on its installation, grounds, or campus at each location on each day the flag of the United States is so displayed. (78 Del. Laws, c. 408, § 1; 83 Del. Laws, c. 30, § 1.)
Subchapter II
Custodian of State House
§ 421. Duties. The Director of the Office of Management and Budget shall have general charge of the State House and administration buildings and shall see that they are properly cared for. The Director of the Office of Management and Budget shall assign all rooms in the State House and administration buildings for such uses and purposes as the Director may designate. (36 Del. Laws, c. 3, § 2; Code 1935, § 17; 29 Del. C. 1953, § 4502; 57 Del. Laws, c. 740, § 2B; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 16(5).)
§ 422. Appointments; duties; police powers. The Director of the Office of Management and Budget shall appoint persons who shall: (1) Care for the property belonging to this State; (2) Keep clean and in good order all the rooms, offices, apartments, library and furniture, halls, stairways and cellars in the buildings; (3) Attend to the heating of the same; (4) Look after the pavements and grounds attached thereto; and (5) Perform the duties and do any and all things directed to be done by the Director of the Office of Management and Budget. (36 Del. Laws, c. 3, § 3; Code 1935, § 18; 29 Del. C. 1953, § 4503; 57 Del. Laws, c. 740, § 2C; 63 Del. Laws, c. 419, § 1; 75 Del. Laws, c. 88, § 16(5); 75 Del. Laws, c. 322, § 6.)
§ 423. State House and administration buildings; days open [Repealed]. Repealed by 71 Del. Laws, c. 138, § 5, effective July 3, 1997.
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Part I
General Provisions
Chapter 5
State Archives and Historical Objects
Subchapter I
Public Records
§ 501. Statement of legislative intent; short title. (a) The General Assembly finds that public records are essential to the administration of state and local government. Public records contain information which allows government programs to function, provide officials with a basis for making decisions and ensure continuity with past operations. Public records document the legal responsibility of government, protect the rights of citizens and provide citizens with a means of monitoring government programs and measuring the performance of public officials. State and local government records also reflect the historical development of the government and of the citizens which it serves. Such records need to be systematically managed to ensure preservation of historically valuable materials, to provide ready access to vital information and to promote the efficient and economical operation of government. (b) The General Assembly intends by this subchapter to establish a single body of law applicable to all public officers and employees on the subject of public records management and preservation and to ensure that the procedures used to manage and preserve public records will be uniform throughout the State. (c) The Delaware Public Archives is established as a division within the Department of State and is charged with administering, implementing and enforcing all provisions of the Delaware Public Records Law as defined in this subchapter. (d) The Delaware Public Archives shall be the official repository for the archival records of this State and all political subdivisions thereof. (e) This subchapter may be cited as the “Delaware Public Records Law.” (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, § 11.) § 502. Definitions. As used in this subchapter, the following terms shall have the meanings indicated: (1) “Agency” means any office, department, board, commission or other separate unit of government of this State, including all branches of government: Executive, legislative and judicial. (2) “Archival record” means those records that contain significant information about the past or present or provide significant evidence of the organization, policies, procedures, decisions and essential transactions of public business and are therefore worthy of long-term preservation and systematic management for historical and other research. (3) “Custodian of public records” means the person designated, pursuant to § 520 of this title, or who is otherwise responsible for the creation or maintenance of public records. (4) “Electronic record” means a public record that is stored, generated, received or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another. (5) “Governing body” means the county council, levy court, city or town council, board or commission or other body authorized by law to govern the affairs of local government. (6) “Local government” means any county, city, town, municipality or other government, created by an act of the General Assembly, that is not a state agency, department, board or commission. (7) “Political subdivision” includes counties, cities, towns, districts, authorities and other public corporations and entities whether mandated by the Constitution or formed by an act of the General Assembly. (8) “Public record” means any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof. (9) “Records officer” means any person or persons designated according to the provisions of this chapter, whose responsibilities include the development and oversight of agency or local government records management programs. (10) “Records retention and disposition schedule” means a list or other instrument describing records and their minimum retention periods which is issued by the Delaware Public Archives. (11) “Vital records” means those records which contain information required for government to continue functioning during a disaster, protect the rights of Delaware citizens and document the obligations of Delaware government, and reestablish operations after a calamity has ended. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, § 12.)
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§ 503. Duties of Delaware Public Archives concerning public records. (a) The Delaware Public Archives shall be responsible for establishing and enforcing the policies and guidelines for the management and preservation of all public records of this State and the political subdivisions thereof. (b) The Delaware Public Archives shall have the power, duty and authority to: (1) Establish and administer an archives and records management program for the application of efficient and economical methods to the creation, utilization, maintenance, retention, preservation and disposal of public records. (2) Analyze, develop, establish and coordinate standards, procedures and techniques of recordmaking and recordkeeping. (3) Preserve and administer in the Delaware Public Archives such records as may be transferred into its custody, carefully protecting such materials, and filing, classifying and cataloguing them for use. Provided, that any materials placed in the keeping of the Delaware Public Archives under special terms or conditions restricting their use shall be made accessible only in accordance with such terms or conditions. (4) Initiate appropriate action to recover records removed unlawfully or without authorization. (5) Establish a centralized micrographics and document imaging program for the benefit of all agencies, at the full cost of such goods and services, in accordance with § 6531 of this title. (6) Institute and maintain a training and information program in records and information management to bring approved and current practices, methods, procedures and devices for the efficient and economical management of records to the attention of all agencies and political subdivisions. (7) Establish and maintain a program in cooperation with state agencies and the political subdivisions of this State for the selection and preservation of vital records, or those records which are considered essential to the continuing operation of government and to the protection of the rights and privileges of citizens. (8) Promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter. (9) Adopt a seal of office for the purpose of certifying copies of public records. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 13-19.)
§ 504. Duties of public officials and employees concerning public records. (a)
Del. Code § title30
Legislative Council, General Assembly State of Delaware
Title 30
State Taxes
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
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Part I
General Provisions; State Tax Agencies; Procedure and Enforcement
Chapter 1
General Provisions
§ 101. Definitions. As used in this title: (1) “Board” means the Tax Appeal Board. (2) “Department” means the Department of Finance. (3) “Notice,” “notification” or “receipt,” required to be given or provided for by this title, means a written notice, notification or receipt, contained in a sealed envelope, addressed to the taxable at the last known address and deposited in the United States mails unless delivered to the taxable in person or to a representative or agent. (4) “Secretary” and “Secretary of Finance” mean the Secretary of Finance or a duly authorized designee; provided, that any such delegation of authority is consistent with Chapter 83 of Title 29. (5) “Taxable” means any person, fiduciary, association of persons, syndicate, joint venture or copartnership subject to making return or to payment of tax imposed by this title. (36 Del. Laws, c. 8, § 8; Code 1935, § 151; 30 Del. C. 1953, § 101; 57 Del. Laws, c. 741, §§ 2A-2C; 70 Del. Laws, c. 186, § 1.)
§ 102. Limitation upon tax levy; personal property. (a) No tax shall be levied, assessed or collected by this State upon personal property whether tangible or intangible. (b) Subsection (a) of this section shall not be construed as having any effect upon any: (1) Estate, income or other excise tax law of this State; (2) Lands held under lease or demise; (3) Buildings, improvements, equipment or structures of any nature made or erected upon lands so held under lease or demise; or (4) Poles or wires maintained thereon other than for enclosing lands. (42 Del. Laws, c. 109; 42 Del. Laws, c. 110; 30 Del. C. 1953, § 102; 71 Del. Laws, c. 353, § 11.)
§ 103. Bonds of City of Wilmington exempt. All bonds of the City of Wilmington are exempt from taxation under any law of this State. (Code 1852, §§ 184, 185; 17 Del. Laws, c. 207, § 101; Code 1915, § 1098; Code 1935, § 1258; 30 Del. C. 1953, § 103.)
§ 104. Reciprocal collection of taxes; recognition of laws of other states; official to bring action; meaning of taxes. (a) The courts of this State shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state or the District of Columbia which extends a like comity in respect of the liability for taxes lawfully imposed by the laws of this State. (b) The officials of such other states or the District of Columbia are authorized to bring action in the courts of this State for the collection of such taxes and the certification of the secretary of state of such other state or comparable official in the District of Columbia that such officials have the authority to collect the taxes so to be collected by such action shall be conclusive proof of that authority. (c) The term “taxes” as herein referred to shall mean taxes similar to those imposed under this article, together with all lawful interest charges and penalties added thereto. (30 Del. C. 1953, § 104; 54 Del. Laws, c. 180.)
§ 105. Sunset repeal of tax preferences [Repealed]. Repealed by 68 Del. Laws, c. 201, § 1, effective Feb. 5, 1992.
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Part I
General Provisions; State Tax Agencies; Procedure and Enforcement
Chapter 3
Department of Finance
Subchapter I
General Provisions
§ 301. General powers of Department. The Department of Finance shall administer and enforce all state tax laws and collect the taxes thereby imposed, unless such duties are expressly conferred upon another agency. (Code 1915, § 226A; 40 Del. Laws, c. 30, § 1; 38 Del. Laws, c. 8, § 8; Code 1935, §§ 151, 206; 30 Del. C. 1953, § 302; 57 Del. Laws, c. 741, §§ 3B, 3C.) § 302. Preparation of blanks and forms. The Department of Finance shall prepare all necessary forms and blanks required in the administration and enforcement of any law which it is the duty of the Department to administer and enforce. (25 Del. Laws, c. 225, § 3; Code 1915, §§ 152B, 226A; 36 Del. Laws, c. 8, § 10; 37 Del. Laws, c. 8; 40 Del. Laws, c. 9, § 1; 40 Del. Laws, c. 10; 40 Del. Laws, c. 30; Code 1935, §§ 137, 143, 153, 206; 30 Del. C. 1953, § 303; 57 Del. Laws, c. 741, §§ 3B, 3C.) § 303. Payment of receipts. The Department of Finance shall pay daily to the Secretary of Finance, for the use of the State, all sums collected by the Department. (25 Del. Laws, c. 225, § 3; Code 1915, §§ 152B, 226A; 36 Del. Laws, c. 8, § 10; 37 Del. Laws, c. 8; 40 Del. Laws, c. 9, § 1; 40 Del. Laws, c. 10; 40 Del. Laws, c. 30; Code 1935, §§ 137, 143, 153, 206; 30 Del. C. 1953, § 304; 57 Del. Laws, c. 741, §§ 3B, 3C.) § 304. Expenses of Department personnel. The Tax Appeal Board and the officers and employees of the Department of Finance shall be entitled to receive from the State their actual and necessary expenses while engaged in the performance of their duties. All expense accounts shall be made in detail and shall be approved by the Secretary of Finance. The total shall in no case exceed the sums appropriated therefor. (36 Del. Laws, c. 8, § 21; 40 Del. Laws, c. 11, § 20; Code 1935, § 164; 30 Del. C. 1953, § 305; 57 Del. Laws, c. 718, § 3; 57 Del. Laws, c. 741, §§ 3B, 3D, 3E.) § 305. Notice by Division of Accounting of payments to business associations. For purposes of tax compliance the Division of Accounting shall give notice to the Division of Revenue of payments made to any corporation or other business association when the aggregate payments during the fiscal year exceed $2,000. (30 Del. C. 1953, § 307; 57 Del. Laws, c. 201; 58 Del. Laws, c. 435.) § 306. Taxpayer identification number. The Department of Finance may require taxpayers to use and to furnish tax identification numbers. In the case of individuals, this shall be the Federal Social Security Number, and, in the case of businesses, this shall be the Federal Employer Identification Number. (30 Del. C. 1953, § 308; 57 Del. Laws, c. 559.) Subchapter II Tax Appeal Board § 321. Composition; appointment; term; qualifications. (a) The Tax Appeal Board shall consist of 5 members who shall be appointed by the Governor for terms of 3 years. The term of each member shall terminate at the end of said 3-year period, or until such member’s successor has been appointed and qualified. If any member of the Tax Appeal Board shall cease to serve for any reason prior to the end of the term, the Governor shall appoint a successor to serve for the remainder of the unexpired term. At least 1 member of the Board shall be a member of 1 of the major political parties, and at least 1 member of the Board shall be a member of the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person not registered with a political party shall also be eligible for appointment as a member of the Board. (b) At least 2 of the members of the Board shall be attorneys-at-law, 1 of whom shall be appointed chairperson by the Governor. The other attorney shall be vice-chairperson to act in the absence or disability of the chairperson. The remainder of the Board shall be composed of 1 accountant and 2 members of the general public. (30 Del. C. 1953, § 321; 57 Del. Laws, c. 718, § 1; 60 Del. Laws, c. 173, § 1; 70 Del. Laws, c. 186, § 1.)
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§ 322. Salary. Each member of the Tax Appeal Board shall be paid a salary of $5,500 per year. The chairperson shall be paid an additional $500 per year. (30 Del. C. 1953, § 322; 57 Del. Laws, c. 718, § 1; 60 Del. Laws, c. 173, § 2; 65 Del. Laws, c. 348, § 107; 70 Del. Laws, c. 186, § 1.)
§ 323. Secretary; quorum. (a) The Tax Appeal Board shall appoint a secretary who need not be a member of the Tax Appeal Board. The secretary shall maintain a record of all proceedings before the Tax Appeal Board. (b) A quorum for the transaction of business of the Tax Appeal Board shall be any 3 members, one of whom shall be an attorney. (30 Del. C. 1953, § 323; 57 Del. Laws, c. 718, § 1.)
§ 324. Alternate attorney member. (a) Whenever a request in writing shall be addressed to the Governor by any attorney member of the Tax Appeal Board stating that the attorney is disqualified from participating in a particular matter or matters coming before the Tax Appeal Board, or that the attorney is unable because of illness, disability or other good reason to take part in such matter or matters, the Governor shall designate an attorney- at-law as a special attorney member of the Tax Appeal Board for such matter or matters only and such designee shall be deemed to be an attorney member of the Tax Appeal Board for all purposes concerning such matter or matters. (b) Any attorney so designated who renders service as such special member of the Tax Appeal Board shall be paid at the rate of $100 per diem for services. (c) This section shall be applicable to any matters over which the Tax Appeal Board has jurisdiction, whether pending at or prior to September 15, 1970, or at any time subsequent thereto. (30 Del. C. 1953, § 324; 57 Del. Laws, c. 718, § 1; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1.)
§ 325. Annual report; rules. (a) The Board shall submit an annual report to the Governor, as soon as practicable at the end of the fiscal year. The report shall be a public record, and be available to the public. The report shall summarize in detail the Board’s activities since the date of the last report. (b) The Board may, by proper rules, prescribe the procedures to be followed in hearings and appeals before it. (30 Del. C. 1953, § 325; 57 Del. Laws, c. 718, § 1; 60 Del. Laws, c. 173, § 3.)
§ 326. Facilities and services. The Secretary of Finance shall provide office space, supplies, services and such other assistance as the Tax Appeal Board may require. (30 Del. C. 1953, § 326; 57 Del. Laws, c. 718, § 1; 69 Del. Laws, c. 64, § 115.)
§ 327. Record of decisions; rules and rulings of the Tax Appeal Board. The Secretary of Finance shall maintain at the main office of the Department of Finance, and open to the inspection of the public, all decisions, rules and rulings of the Tax Appeal Board. These records shall be deemed published as required by this title. The record for good cause shown may be sealed by the Tax Appeal Board so as not to disclose the identity of the taxable. (30 Del. C. 1953, § 327; 57 Del. Laws, c. 718, § 1; 69 Del. Laws, c. 64, § 115.)
§ 328. Reimbursement of expenses. Members of the Tax Appeal Board shall be entitled to receive their actual and necessary expenses while engaged in the performance of their duties. (30 Del. C. 1953, § 328; 57 Del. Laws, c. 718, § 1.)
§ 329. Hearings and appeals. The Tax Appeal Board shall hear all appeals from determinations of the Director of all administrative protests including, but not necessarily limited to, determinations under §§ 525, 544 and 561 of this title, and such other statutes granting jurisdiction to the Board as may be hereafter enacted, and the Board may affirm, modify or reverse any such determination. (30 Del. C. 1953, § 329; 57 Del. Laws, c. 718, § 1; 66 Del. Laws, c. 120, § 1; 68 Del. Laws, c. 187, § 26.)
§ 330. Subpoenas and attendance of witnesses. The Tax Appeal Board, for the purpose of its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of pertinent books, payrolls, accounts, papers, records and documents, and in case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Tax Appeal Board
Page 3 Title 30 - State Taxes
may certify the fact of any such refusal to the Superior Court of the county in which such hearing is held and such Superior Court may proceed against the person so refusing for contempt and may punish such person, if found guilty, in such manner as persons are punished for contempt of court. (30 Del. C. 1953, § 330; 57 Del. Laws, c. 718, § 1.)
§ 331. Appeals from Tax Appeal Board decisions. (a) From any decision of the Tax Appeal Board, the taxable shall have the right of appeal to the Superior Court of the State in the county in which the hearing has been held; provided, however, that no appeal from such decision shall be received or entertained in the Superior Court unless notice of appeal is duly filed in the office of the Prothonotary thereof within 30 days after the date of the order entered upon such decision. The Tax Appeal Board may, upon good cause shown, extend the foregoing time (1) for an additional 30 days or (2) until disposition of any motion for a rehearing or to revise its decision. (b) Whenever, at any time prior to the Board’s issuance of a final order, the parties (including the Director of Revenue) to any appeal so stipulate, the Board’s order shall not be subject to appeal to the Superior Court, notwithstanding subsection (a) of this section. (30 Del. C. 1953, § 331; 57 Del. Laws, c. 718, § 1; 69 Del. Laws, c. 400, § 2.)
§ 332. Frivolous or dilatory proceedings. Whenever it appears to the Tax Appeal Board that proceedings before it have been instituted or maintained by a taxpayer primarily for delay or that the taxpayer’s position in such proceedings is frivolous or without reasonable basis, damages in an amount not in excess of $5,000 shall be awarded to the State by the Board as part of the Board’s decision. Damages so awarded shall be paid upon notice and demand from the Secretary of Finance and shall be collected as part of tax. (66 Del. Laws, c. 101, § 1.)
§ 333. Removal of tax appeals to the Superior Court. (a) Any appeal brought under § 329 of this title may be removed by the taxpayer or the Division of Revenue from the Tax Appeal Board to the Superior Court of this State as provided by this section. (b) No action may be removed by either party unless: (1) The total amount in controversy for all taxable periods which are the subject of the appeal exceeds $50,000 and a notice of removal has been filed by either party; or (2) The Tax Appeal Board (hereinafter “the Board”), on motion by 1 or more parties, in its discretion grants leave to remove the action. The Board’s determination grants leave to remove the action. (c) In the case of taxes determined under Chapter 11 of this title (other than taxes due under subchapter VII of said chapter), if the taxpayer is a resident of this State, the action being removed shall be removed to the Superior Court in and for the county of the taxpayer’s residence. In all other cases, the action being removed shall be removed to the Superior Court in and for New Castle County. (d) The person desiring to remove an action to the Superior Court shall file with the Tax Appeal Board a notice of such removal or a motion for leave to remove. A notice of removal must be filed within 60 days after the appeal is commenced and shall state the grounds for removal. A motion for leave to remove may be filed at any time prior to the matter being submitted to the Board for decision. (e) Upon the filing of a notice of removal or granting of a motion for leave to remove, the Board shall transmit all records in the appeal to the Superior Court in and for the county to which the action is removed. Except as otherwise provided in this section or as provided by Rule of the Superior Court, following the filing of such notice or the granting of such motion, the action shall continue as though it had commenced in Superior Court. (f) Trials of appeals removed under this section shall be to the Superior Court without a jury. (g) The taxpayer removing a case to the Superior Court pursuant to this section shall pay fees to the Superior Court as if the taxpayer had commenced the action in Superior Court. In the case of a motion for leave to remove, fees shall be paid as if the petitioner or petitioners had commenced the action in the Superior Court. (h) For purposes of this section: (1) “Amount in controversy” means: a. The portion of tax as reflected on a notice of proposed assessment or notice of disallowance of refund issued under § 521 or § 542 of this title which a taxpayer contests; plus b. Any interest reflected on said notice to the extent such interest is computed on the amount of tax which is contested; plus c. The amount of penalty as reflected on such notice which the taxpayer contests. (2) “Person” includes any natural person and any entity, including the Division of Revenue. (3) “Tax” includes any tax or fee governed by § 501 of this title, but shall not include any interest or penalty. (4) “Taxpayer” includes any person who is or may be liable for any tax. (69 Del. Laws, c. 400, § 1.)
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§ 334. Admission to practice before the Tax Appeal Board. The rules of any court of this State to the contrary notwithstanding, the Tax Appeal Board shall admit to practice before the Board the following individuals: (1) All attorneys admitted to practice by the Supreme Court of the State; (2) All accountants who have received a certificate as a certified public accountant granted by the Delaware State Board of Accountancy or its successor and all other accountants practicing within the State who are entitled to practice as enrolled agents before the Internal Revenue Service; (3) Attorneys-at-law and certified public accountants duly admitted to practice their respective professions by the appropriate authorities in other states, or the District of Columbia, or other accountants practicing outside the State who are entitled to practice as enrolled agents before the Internal Revenue Service upon application wherein good cause is shown (in the case of attorneys, in accordance with the Rules of the Delaware Supreme Court) upon admission by the Board pro hac vice for the purpose of representing parties appearing before the Board; (4) Any employee (including an attorney admitted to practice by the appropriate authority of another state or the District of Columbia) of a corporation that is a party to proceedings before the Board provided such employee is duly appointed by the corporation to undertake such representation and such representation is within the scope of the employee’s employment. (In the case of an attorney seeking admission to practice under this paragraph (4), the provisions of paragraph (3) of this section shall not apply); (5) Any other person who establishes, to the satisfaction of the Board, that the person is a citizen of the United States and of the State of Delaware, of good moral character and repute and possessed of the requisite qualifications to represent others in the preparation and trial of matters before this Board may be admitted to practice before the Board subject to such uniform requirements, interviews or examinations which the Board, by supplemental rule, may adopt; and (6) Any natural person appearing on that person’s own behalf. (69 Del. Laws, c. 400, § 3; 70 Del. Laws, c. 186, § 1.)
Subchapter III
Secretary of Finance; General Provisions
§ 341. Bond [Repealed]. (30 Del. C. 1953, § 343; 57 Del. Laws, c. 741, §§ 3B, 3D; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 226, § 6, effective Feb. 10, 2020.)
Subchapter IV
Secretary of Finance; Powers and Duties
§ 351. Preservation of returns and destruction of records. All tax returns or reports received by the Division of Revenue after January 1, 1989, shall be preserved for not less than 3 years, after which time the Secretary of Finance may establish guidelines and standards for retention and, upon the recommendation of the Director of Revenue, may authorize and direct their disposal or destruction. (30 Del. C. 1953, § 351; 59 Del. Laws, c. 147, § 1; 68 Del. Laws, c. 187, § 24; 69 Del. Laws, c. 188, § 3.)
§ 352. Accounts receivable. The Secretary of Finance may authorize the Director of Revenue to write off and remove from active collection any account receivable arising from the assessment of any tax or addition to tax if it is determined that the account is uncollectible. An account is uncollectible if the Director finds after reasonable investigation that the potential recovery or administrative costs of collection would not warrant further collection efforts and: (1) The debtor has received a discharge in bankruptcy with respect to the taxable periods in question; (2) The debtor is deceased and reasonable additional collection measures will not cause the debt to be collected from the assets of the debtor or the debtor’s estate; (3) The taxes are debts of a business that is no longer in business and the Director is unable to find that either the business or any other person responsible for the debts has assets from which the debt may be paid; or (4) The debt has been outstanding on the records of the Division of Revenue for more than 6 years. (30 Del. C. 1953, § 352; 59 Del. Laws, c. 147, § 1; 74 Del. Laws, c. 159, § 1.)
§ 353. Record of decisions, rules and rulings of Department. The Secretary of Finance shall maintain a permanent public record of all decisions, rules and rulings of the Department of Finance. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 353; 57 Del. Laws, c. 741, §§ 3B, 3D.)
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§ 354. Rules, regulations and enforcement. The Secretary of Finance shall make rules, regulations and decisions not inconsistent with this title and require such facts and information to be reported as the Secretary deems necessary to enforce any state tax. No rule or regulation adopted pursuant to the authority granted by this section shall extend, modify or conflict with any law of this State, or the reasonable implications thereof. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 355; 57 Del. Laws, c. 741, § 3D; 67 Del. Laws, c. 344, § 9; 70 Del. Laws, c. 186, § 1.) § 355. Tax return forms. The Secretary of Finance shall prepare and cause to have printed in sufficient numbers all blanks necessary for the making of all returns required by any tax law that is administered by the Department of Finance. (36 Del. Laws, c. 9, § 12; Code 1935, § 155; 30 Del. C. 1953, § 356; 57 Del. Laws, c. 47, § 1; 57 Del. Laws, c. 741, §§ 3B, 3D, 3F; 67 Del. Laws, c. 292, § 2.) § 356. Mailing tax return forms. (a) The Director of Revenue shall, on or before January 15 of each year, make available on an internet site the blank, downloadable returns required to be filed under Chapter 11 or 16 of this title that may be used by each person, fiduciary, partnership, or other entity for the purpose of filing such tax returns as may be due for that tax year. (b) The Director of Revenue shall mail a blank return to any individual taxpayer who filed a tax return under Chapter 11 of this title in the preceding year, unless 1 of the following applies to the tax return: (1) It was prepared by a paid tax preparer. (2) It was prepared with a 2-D bar code or other electronic preparation media. (3) It was filed in a manner other than by submission of a paper return. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 357; 57 Del. Laws, c. 47, § 2; 57 Del. Laws, c. 741, § 3D; 67 Del. Laws, c. 292, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 113, § 1; 74 Del. Laws, c. 158, § 1; 75 Del. Laws, c. 386, § 1; 81 Del. Laws, c. 292, § 1.) § 357. Reports to Governor and General Assembly. (a) The Secretary of Finance shall submit to the Governor and to the General Assembly an annual report covering the fiscal year ending June 30, including such recommendations concerning state taxes as are deemed necessary. (b) The Secretary of Finance shall submit annually to the Governor, on or before September 1, an estimate of revenues to be received during the current fiscal year from the income tax and the franchise tax and shall submit biennially to the Governor, on or before September 1, an itemized estimate of the sums required for the maintenance of the Department of Finance. (36 Del. Laws, c. 8, § 12; 37 Del. Laws, c. 9, § 2; Code 1935, § 155; 45 Del. Laws, c. 10, § 9; 30 Del. C. 1953, § 360; 57 Del. Laws, c. 741, §§ 3B, 3D.) § 358. Bonds of Department employees [Repealed]. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 361; 57 Del. Laws, c. 741, §§ 3B, 3D; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 366, § 1, effective Aug. 15, 2024.) § 359. Publication of tax information. (a) The Secretary of Finance shall prepare and publish annual statistics, reasonably available with respect to the operation of the state tax laws, including amounts collected, classification of the incomes and exemptions of taxables and such other facts as are deemed pertinent and desirable. (b) (1) General. — Except as provided herein, and notwithstanding the provisions of § 368 of this title, the Secretary of Finance shall prepare, maintain, and publish on the Division of Revenue Internet Website, 2 lists of taxpayers owing unpaid tax and additions to tax finally determined to be due under Title 30 for: a. Personal income tax; and b. Business taxes administered by the Department of Finance, including employee withholding tax. (2) Contents of lists. — Each list shall consist of the 100 taxpayers owing to this State the greatest amount of unpaid tax and additions to tax, as modified by paragraph (b)(6) of this section, and shall contain the name and address of each such taxpayer, the total by type and amount of tax and additions to tax due and the date the amount was finally determined to be due. In the case of entities other than natural persons, the list may also name any persons who were at least 25% owners or beneficial owners or who were responsible officers of such entity at or after the time the liability was created. (3) Administration. — a. Each list shall be updated on a quarterly basis; and b. Notwithstanding paragraph (b)(7)a. of this section, each newly updated list shall not include the names of taxpayers that have appeared on previous versions of the same list unless:
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1. A separate instance of unpaid tax or additions to tax, which ranks the taxpayer’s new liability, subsequent to the publishing
of the prior quarter’s list, among the 100 largest; or
2. At least 1 year has elapsed since the taxpayer appeared on the list and, in the Director’s judgment, returning the taxpayer to
the list will significantly increase the likelihood of payment.
(4) Limitations. — No taxpayer shall be included on the aforesaid list until:
a. The overdue liability has been reduced to a judgment under § 554 of this title; and
b. Sixty days have elapsed following the date of mailing a notice by certified mail to the taxpayer, taxpayer’s owners, beneficial
owners or officers, as the case may be, of the Secretary’s intent to include that taxpayer’s name and other required information on
the list to be published.
(5) Exceptions. — No taxpayer shall be included in the published list if:
a. The taxpayer has since the mailing of the notice, paid the liability in full, or entered into a written agreement with the Division
for payment of the delinquency; or
b. The total liability for all taxes and additions to tax is less than $1,000.
(6) Calculating the amount of tax and additions to tax to be listed. For the exclusive purpose of ascertaining a taxpayer’s inclusion
on the published list, in calculating the amount of tax and additions to tax, there shall be excluded any amount of tax or addition to tax which: a. Has been determined to be uncollectible pursuant to § 352 of this title; or b. Is the subject of an agreement between the Secretary and the taxpayer for installment payment of the amount due and which is not in default by a period of 31 days; or c. Is subject to stay of collection pursuant to the Bankruptcy Code of the United States [11 U.S.C. § 101 et seq.]; or d. Has, in the discretion of the Secretary or the Secretary’s delegate and in the interests of justice, been deferred from collection for no more than 90 days for the purpose of researching whether or not an error has occurred in calculating the amount due; or e. The Director, in the Director’s discretion, and after receipt of a taxpayer’s written request and statement of reasonable cause, and with the written approval of the Secretary of Finance, has deemed to result from extraordinary circumstances. (7) Compliance adjustment. — a. Taxpayers appearing on the above list shall be removed therefrom within 30 days of the receipt of full payment of the delinquent liability or entering into a written agreement with the Division for payment of the delinquency. b. Any issuance of bad check or breach of said agreement may result in the taxpayer’s name being immediately returned to the published list. (8) Regulations. — The Department may promulgate rules and regulations necessary to implement 75 Del. Laws, c. 406. (9) Any disclosure made by the Secretary under paragraphs (b)(1) and (b)(2) of this section, in a good faith effort to comply with paragraphs (b)(3)-(7) of this section, shall not be considered a violation of any statute prohibiting disclosure of taxpayer information. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 362; 57 Del. Laws, c. 741, §§ 3B, 3D; 75 Del. Laws, c. 406, § 1.)
§ 360. List of income tax taxables [Repealed]. Repealed by 50 Del. Laws, c. 443, § 1, effective July 14, 1955. § 361. Enforcement of penalties. The Secretary of Finance shall take all necessary steps to enforce the penalties provided by any state tax law administered by the Department of Finance. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 364; 57 Del. Laws, c. 741, §§ 3B, 3D.)
§ 362. Advisory board. The Secretary of Finance may appoint an unpaid advisory board of not more than 10 lawyers and tax experts to make recommendations concerning the rules, regulations and decisions of the Department and concerning changes in the state tax laws. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 365; 57 Del. Laws, c. 741, §§ 3B, 3D.)
§ 363. Escheator. The Secretary of Finance shall act as Escheator of the State under the provisions of Chapter 11 of Title 12. (Code 1852, § 1588; Code 1915, § 124; Code 1935, § 113; 42 Del. Laws, c. 57; 30 Del. C. 1953, § 366; 57 Del. Laws, c. 741, §§ 3B, 3D.)
§ 364. Examinations to ascertain correctness of tax returns or taxable income. For the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the taxable income of any taxable, the Secretary of Finance may examine or cause to be examined, by any agent or designated representative, any books, papers,
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records or memoranda bearing upon the matters required to be included in a return and may by summons require the attendance of the taxable or of any other person having knowledge in the premises and may take testimony and require proof material for the investigation, with power to administer oaths to such person or persons. All banks, trust companies and brokers, when required by the Secretary, shall allow a representative of the Department of Finance to verify all accounts and records pertaining to the income of any taxable. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 368; 57 Del. Laws, c. 741, §§ 3B, 3D.)
§ 365. Agents as special constables. The Secretary of Finance may constitute agents, field agents or other appointees special constables and as such they shall have and possess all the powers that are possessed by county constables under the laws of this State. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 369; 57 Del. Laws, c. 741, §§ 3B, 3D; 70 Del. Laws, c. 186, § 1.)
§ 366. Appeals. The Secretary of Finance shall have all rights of appeal to the Superior Court as are granted to any taxable under this title. (36 Del. Laws, c. 8, § 12; Code 1935, § 155; 30 Del. C. 1953, § 370; 57 Del. Laws, c. 741, §§ 3B, 3D.)
§ 367. False statements [Repealed]. Repealed by 69 Del. Laws, c. 369, § 2, effective July 12, 1994. § 368. Secrecy of returns and information; penalty. (a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the Department of Finance, or for any other officer or employee of this State who has access to tax returns or information from tax returns under this title (other than Chapters 30 [except §§ 3004 and 3005], 51 and 52) to disclose or make known to any person in any manner the amount of income or any particulars set forth or disclosed in any report or return required under this title (other than Chapters 30 [except §§ 3004 and 3005], 51 and 52) including any copy of any portion of a federal income or estate tax return or report, or any information on a federal return or report which is required to be attached to or included in a state tax return. (b) Nothing in this section shall be construed to prohibit the publication of statistics classified so as to avoid identification of specific taxpayers, or to prohibit the disclosure of the tax return or return information of any taxpayer to such person or persons as the taxpayer may designate in a written request or consent to such disclosure. (c) For purposes of this section, the term “officer or employee” shall include present and former officers and employees, and any person or persons employed or retained by the State on an independent contractor basis, or any subcontractors thereof. The term “return” or “report” shall include reports of the Internal Revenue Service or other competent federal authority containing tax return information. (d) Any violation of this section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $1,000, or imprisonment not to exceed 6 months, or both. The Superior Court shall have exclusive original jurisdiction over such misdemeanor. (e) For purposes of this section, the terms “return” and “return information” shall not be construed to include any information appearing on or to appear on the face of a license required to be displayed under § 2109 of this title or the name or mailing address of the licensee of said license. (f) Refunds. — The Director may disclose taxpayer identity information to the press and other media for the purpose of notifying persons entitled to tax refunds when the Director, after reasonable effort and lapse of time, has been unable to locate such persons. (67 Del. Laws, c. 40, § 1; 73 Del. Laws, c. 123, § 1; 81 Del. Laws, c. 103, § 1.)
§ 369. Required employee background checks. (a) All prospective employees, contractors, and any subcontractors thereof, of the Department who will have access to federal tax information shall obtain a background check as provided in subsection (c) of this section in order to be considered for employment to ensure compliance by the Department with § 6103(p)(4) of the Internal Revenue Code of 1986 (26 U.S.C. § 6103(p)(4)) and IRS Publication 1075 and any successor statutory provisions or IRS publications. (b) All current employees, contractors, and any subcontractors thereof, of the Department who have access to federal tax information shall be required to submit to subsequent background checks as provided in subsection (c) of this section not less frequently than once every 5 years to ensure compliance by the Department with IRS Publication 1075. (c) A person required to obtain a background check under this chapter shall submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following: (1) A report of the person’s entire criminal history record from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that person. (2) A report of the person’s entire federal criminal history record from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534) or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that person.
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(d) The State Bureau of Identification shall be the intermediary for the purpose of subsection (c) of this section and shall forward all
information required by subsections (a) and (b) of this section to the Department. (e) The Department may adopt such standards for screening the background checks required by this section as the Department shall determine appropriate. (81 Del. Laws, c. 103, § 2; 83 Del. Laws, c. 323, § 3.) Subchapter V General Regulations § 375. Furnishing of bonds by foreign persons or firms. (a) Any nonresident person or firm, whether incorporated or not, either doing business in this State, so as to be subject to Delaware income tax or state occupational or business licenses, or having employees or agents performing labor or services in this State, so as to subject such employees or agents to Delaware income tax and such employer to Delaware income tax withholdings and to the Delaware Unemployment Compensation Law, shall file a surety bond with the Department of Finance, payable to the State, to guarantee the payment of state income taxes, state occupational or business licenses, unemployment compensation contributions and income taxes withheld from wages of employees, together with any penalties and interest thereon, the form and contents of such bond and the amount thereof to be approved and fixed by the Department of Finance in such amount as shall be sufficient to protect the tax revenues of the State, except as otherwise provided in this section. (1) The amount of the surety bond to be required of any nonresident contractor or subcontractor required to be licensed under Chapter 25 of this title shall be as follows: 6% of the contract or subcontract price on all contracts of $20,000 or more, or 6% of contractor’s or subcontractor’s estimated cost-and-profit under a cost-plus contract of $20,000 or more. When the aggregate of 2 or more contracts in 1 calendar year is $20,000 or more, the amount of the bond or bonds shall be 6% of the aggregate amount of such contracts. The Division of Revenue may by regulation prescribe cash bonds in lieu of the foregoing and shall deposit such cash bonds in a special fund of the State to be established for this purpose. (2) The surety bond shall be filed before construction is begun in this State by the nonresident contractor or subcontractor on any contract the price of which is $20,000 or more, or the estimated cost and profit of which is $20,000 or more, and before construction is begun in this State by such nonresident contractor or subcontractor on any contract for less than $20,000 when the amount of the contract when aggregated with any other contracts on which construction was begun by such nonresident contractor or subcontractor in the same calendar year equals or exceeds $20,000. (3) If the Department concludes that no bond is necessary to protect the tax revenue of this State, the requirements of this section may be waived in whole or in part by the Secretary of Finance or the Secretary’s designated departmental representative. Any bond issued pursuant to this section shall remain in force until the liability thereunder is released by the Secretary or the Secretary’s designated departmental representative. (b) Any person or firm subject to this section shall notify the Department of the termination of business within this State within 20 days after such termination or, as to a construction contractor or subcontractor, within 20 days after the completion of every such construction project in this State. (c) In the case of any person or firm failing or refusing to comply with this section, there shall be assessed by the Secretary of Finance a civil penalty of not more than $10,000 for each such occurrence. (d) Any person or firm who wilfully or knowingly fails or refuses to comply with this section shall be guilty of a misdemeanor and shall upon conviction be punishable by a fine not to exceed $3,000, or imprisonment not to exceed 6 months, or both. (e) The definition of the terms “nonresident contractor” or “subcontractor” as used in paragraphs (a)(1) and (2) of this section is the same as defined at § 2501 of this title. (f) As to each specific construction project in this State, upon the request of the nonresident engaged as a contractor or subcontractor within the meaning of subsection (e) of this section who establishes to the satisfaction of the Department that such nonresident is in compliance with all the provisions of this section applicable to such nonresident, the Department shall issue to such nonresident a certificate of compliance on a form prescribed by the Department. (g) In lieu of the surety bond required under subsection (a) of this section, the Director of Revenue may accept bank letters of credit in the amount specified by and subject to the same conditions as contained in that subsection; provided, however, that any such letter is in a form approved by the Director, is issued or confirmed by a bank meeting whatever requirements the Director may by regulation prescribe, and the Director is satisfied that the letter is sufficient to protect the tax revenue of the State. (30 Del. C. 1953, § 375; 55 Del. Laws, c. 244, § 1; 57 Del. Laws, c. 194; 57 Del. Laws, c. 741, §§ 3B-3D; 65 Del. Laws, c. 476, §§ 1-5; 67 Del. Laws, c. 40, §§ 10, 13, 14; 70 Del. Laws, c. 186, § 1.) § 376. Time for performing certain acts postponed by reason of service in combat zone. (a) In the case of an individual serving in the armed forces of the United States, or serving in support of such armed forces, in an area designated by the President of the United States by Executive Order as a “combat zone” for purposes of § 112 of the Internal Revenue
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Code [26 U.S.C. § 112], at any time during the period designated by the President by Executive Order as the period of combatant activities in such zone for purposes of such section, or hospitalized as a result of injury received while serving in such an area during such time, the period of service in such area, plus the period of continuous hospitalization attributable to such injury, and the next 195 days thereafter, shall be disregarded in determining under this title (other than Chapters 30, 51 and 52), in respect of any tax liability (including any interest, penalty, additional amount or addition to the tax) of such individual: (1) Whether any of the following acts was performed within the time prescribed therefor: a. Filing any return of income or estate tax (except income tax withheld at source); b. Payment or any income or estate tax (except income tax withheld at source) and/or any installment thereof or any other liability to the State in respect thereof; c. Filing a protest with the Director of Revenue or filing a petition with the Tax Appeal Board to appeal a determination of the Director or filing an appeal of a decision rendered by the Tax Appeal Board; d. Allowance of a credit or refund of any tax; e. Filing a claim for credit or refund of any tax; f. Assessment of any tax; g. Giving or making any notice or demand for the payment of any tax, or with respect to any liability to the State in respect of any tax; h. Collection of the amount of any liability in respect of any tax; i. Bringing suit or commencing any action, including the filing of any certificate or warrant, by the State or any officer on its behalf, in respect of any liability in respect of any tax; and j. Any other act required or permitted under this title (other than Chapters 30, 51 and 52) specified in regulations prescribed under this section by the Director of Revenue; (2) The amount of any credit or refund (including interest). (b) The provisions of this section shall also apply to the spouse of any individual entitled to the benefits of subsection (a) of this section. Except in the case of the combat zone designated for purposes of the Vietnam conflict, the preceding sentence shall not cause this section to apply to any spouse for any taxable year beginning more than 2 years after the date designated under the Internal Revenue Code as the date of termination of combatant activities in a combat zone. (c) The period of service in the area referred to in subsection (a) of this section shall include the period during which an individual entitled to benefits under subsection (a) of this section is in a missing status, within the meaning of § 6013(f)(3) of the Internal Revenue Code [26 U.S.C. § 6013(f)(3)], or a successor provision. (d) Exceptions: (1) Notwithstanding the provisions of subsection (a) of this section, any action or proceeding authorized by §§ 1220 and 1221 [repealed] of this title, or successor provisions (regardless of the taxable year for which the tax arose), as well as any other action or proceeding authorized by law in connection therewith, may be taken, begun or prosecuted. In any other case in which the Director of Revenue determines that collection of the amount of any assessment would be jeopardized by delay, the provisions of subsection (a) of this section shall not operate to stay collection of such amount as authorized by law. There shall be excluded from any amount assessed or collected pursuant to this paragraph (d)(1) the amount of interest, penalty, additional amount and addition to tax, if any, in respect of the period disregarded under subsection (a) of this section. In any case to which this paragraph (d)(1) relates, if the Director of Revenue is required to give any notice to, or make any demand upon, any person, such requirement shall be deemed to be satisfied if the no
Del. Code § title31
Legislative Council, General Assembly State of Delaware
Title 31
Welfare
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 31 - Welfare
Part I
In General
Chapter 1
Department of Health and Social Services
§ 101. Definitions. As used in this title: (1) “Board” or “Department” or “Department of Public Welfare” or “Board of Welfare” means the Department of Health and Social Services. (2) “Secretary” or “Director” means Secretary of the Department of Health and Social Services. (31 Del. C. 1953, § 101; 57 Del. Laws, c. 591, § 30.) § 102. Federal aid and reports. The Department shall, in this connection, and in order to obtain federal aid, make such reports in such form and containing such information as the federal government may require and shall comply with such provisions as the federal government may find necessary to assure the correctness and verification of such reports. (Code 1935, § 1108; 41 Del. Laws, c. 95, § 1; 31 Del. C. 1953, § 106.) § 103. Duty of Department to coordinate welfare and correctional programs; public reports required. (a) The Department shall be responsible for the coordination of welfare and correctional programs in this State and, to this end, may call conferences of representatives of public and private agencies responsible for such programs and individuals and organized groups interested in and concerned with matters of welfare. Such activities shall be carried on in the interest of more effectively understanding and making provision for the welfare needs in this State. Participation in such activities on the part of agencies and individuals shall be voluntary. The Department may sponsor and carry out studies of existing provisions for caring for welfare needs and studies of the need for changes in existing facilities. (b) The Department shall issue periodic public reports on the extent, nature and cost of public and private welfare programs in this State and, to this end, may require the necessary periodic statistical data from public and private welfare, correction, probation and parole agencies and institutions giving resident care for tuberculous patients. (Code 1915, § 1004C; 30 Del. Laws, c. 64; Code 1935, § 1121; 44 Del. Laws, c. 79, § 2; 31 Del. C. 1953, § 107.) § 104. Secretary; powers and duties. The Secretary shall manage and supervise the operations of the Department and shall see that all functions are properly carried out in accordance with the policies, rules and regulations approved by the Board. The Secretary shall appoint all employees of the Department and shall fix their salaries subject to any general compensation plan adopted by the Board. (48 Del. Laws, c. 133, § 6; 31 Del. C. 1953, § 109; 57 Del. Laws, c. 591, § 32; 70 Del. Laws, c. 186, § 1.) § 105. Political activities of officers and employees limited. No executive, official or employee of the Department shall participate in any form of political activity other than as may be appropriate to the exercise of the individual’s civil rights, duties and privileges or in any manner use the executive’s, official’s or employee’s official position as an executive official or employee of the Department for any political purpose. Any executive official or employee of the Department who violates the provisions of this section shall be subject to discharge or such other disciplinary measures as may be provided by the rules and regulations of the Department. (Code 1935, § 1112A; 42 Del. Laws, c. 97, § 2; 31 Del. C. 1953, § 110; 70 Del. Laws, c. 186, § 1.) § 106. Organization of Department. The Secretary shall organize the Department into such divisions or other units as will increase the effectiveness and efficiency with which its affairs are conducted. The organization shall provide for and the efforts of the Department shall be directed toward the maximum degree of integration and consolidation consistent with satisfactory service to the citizens of this State. (48 Del. Laws, c. 133, § 7; 31 Del. C. 1953, § 111; 57 Del. Laws, c. 591, § 33.) § 107. Rules and regulations. The Secretary shall promulgate rules and regulations for the interpretation of statutes or federal regulations governing programs of public assistance and other programs of the Department and such other rules or regulations as may be necessary for the proper conduct of the business of the Department. No rule or regulation adopted pursuant to the authority granted by this section shall extend, modify or conflict with any law of this State, or the reasonable implications thereof. (48 Del. Laws, c. 133, § 8; 31 Del. C. 1953, § 112; 57 Del. Laws, c. 591, § 33; 67 Del. Laws, c. 344, § 10.)
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§ 108. Merit system of personnel administration unaffected. Nothing in this chapter shall interfere with the continued operation of a merit system of personnel administration for positions placed under such system by agreement between state and federal authorities. (48 Del. Laws, c. 133, § 16; 31 Del. C. 1953, § 113.) § 109. Annual report. The Department, annually, shall make a report that shall include: (1) A list of the officers and agents employed; (2) The conditions of institutions under its supervision; (3) A statement of the year’s work; and (4) Complete and comprehensive information relating to all welfare work performed, together with any recommendation the Department may desire to make. (Code 1915, § 1005A; 30 Del. Laws, c. 64; 37 Del. Laws, c. 85, § 23; 37 Del. Laws, c. 189, § 17; 38 Del. Laws, c. 54, § 3; Code 1935, §§ 1123, 1131, 1626, 1643; 41 Del. Laws, c. 124, § 3; 45 Del. Laws, c. 96, § 4; 31 Del. C. 1953, § 115.) § 110. Burial expenses of indigent person. An indigent person’s remains may be buried at public expense on the order of the Division of Social Services. Uniform standards for such burial shall be established by the Department of Health and Social Services. The fee shall be established by the Department at the lowest cost for which burial services which meet the standards can be locally obtained. In the event that funds are available from social security, Veterans’ Administration or any other benefits or insurance, the compensation allowed to be paid for burial shall be reduced by the amount available from such benefits or insurance. (37 Del. Laws, c. 189, § 6; 37 Del. Laws, c. 85, § 10; Code 1935, §§ 1613, 1632; 31 Del. C. 1953, § 120; 62 Del. Laws, c. 386, § 1.) § 111. Financial participation. (a) The State Treasurer shall establish in the State Treasury a State Public Welfare Fund which shall include all funds made available for the purposes of this chapter or of Chapter 5 of this title by the State, the several counties, the federal government or any other source. Within this State Public Welfare Fund there shall be established such separate accounts as the State Treasurer and the State Auditor of Accounts may deem necessary or desirable. (b) The State Treasurer shall pay from the State Public Welfare Fund the amounts requested by the Department for the purposes of this chapter or of Chapter 5 of this title; provided, that such amount requested is not in excess of the balance remaining in the State Public Welfare Fund plus authorized advances. (c) All expenditures of the Department shall be paid by check drawn by the State Treasurer except as hereinafter provided. Such expenditures shall be made on the basis of prescribed invoice and payroll forms preapproved by designated officials of the Department; copies of such approved invoice and payroll forms to be transmitted to the Department of Finance for preaudit. (d) Certain expenditures, due to the responsibilities of the Department, are of an emergency nature. Such expenditures shall be made by the Department over the signature of an authorized official from a revolving fund in an amount to be agreed on by the Department and the State Treasurer and which shall be drawn from the State Public Welfare Fund and be deposited in a fund of the State to the credit of the Department of Public Welfare. (31 Del. C. 1953, § 121; 50 Del. Laws, c. 220, § 1; 63 Del. Laws, c. 142, § 54; 64 Del. Laws, c. 108, § 9.) § 112. Federal financial participation. The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States on account of assistance, services and administration, provided under this chapter and under Chapter 5 of this title, and make payments from such moneys and moneys appropriated under such chapters in accordance with the provisions thereof and with the provisions of the United States Social Security Act [42 U.S.C. § 301 et seq.]. (31 Del. C. 1953, § 122; 50 Del. Laws, c. 220, § 1; 64 Del. Laws, c. 108, § 9.) § 113. County financial participation. The State Treasurer shall receive all money paid to the State by the receiver of taxes and county treasurer of each of the 3 counties on account of assistance, services and administration provided under this chapter and under Chapter 5 of this title and make payments from such moneys and moneys appropriated under such chapters in accordance with the provisions thereof. (31 Del. C. 1953, § 123; 50 Del. Laws, c. 220, § 1; 64 Del. Laws, c. 108, § 9.) § 114. Recovery of public assistance overpayments. (a) Any assistance paid to or in behalf of any person under Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs shall be recoverable by
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the Department of Health and Social Services (the Department) for the State in a civil action against such person or the person’s estate in any court of competent jurisdiction. (b) Any judgment entered for the Department in an action brought under this section shall include an award for the court costs of the action. That portion of the judgment that constitutes the court costs of the action shall be remitted by the Department to the State Treasurer. (c) The Department shall not be required to pay the filing fee or other costs of an action brought under this section and shall not be required to pay fees of any nature or to file a bond or other security of any nature in connection with such action or with proceedings supplementary thereto or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings. (d) Any judgment entered in any court of competent jurisdiction for the Department pursuant to a confession of judgment regarding any assistance paid to or in behalf of any person under the Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs or regarding any amount of money due under an agreement relating to any assistance paid to or in behalf of any person under the Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs shall include an award for the court costs of such judgment. That portion of such judgment that constitutes the court costs of such judgment shall be remitted by the Department to the State Treasurer. (e) The Department shall not be required to pay the filing fee or other costs related to any procedure to obtain judgment in any court of competent jurisdiction pursuant to a confession of judgment governed by subsection (d) of this section and shall not be required to pay fees of any nature or to file a bond or other security of any nature in connection with any such procedure. (66 Del. Laws, c. 287, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 367, § 1.)
§ 115. Subpoena authority. (a) In addition to the other powers of the Secretary of the Department of Health and Social Services, the Secretary or the Secretary’s designee shall, for purposes related to welfare fraud investigations and welfare overpayment investigations, have the power to administer oaths, subpoena witnesses and compel the production of books, papers, documents or other tangible things. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books, papers, documents or other tangible things relevant to any such investigations may be compelled to do so by order of the Superior Court. (b) Service of a subpoena issued under this section shall be made by any sheriff, any deputy sheriff, any constable or any employee of the Department of Health and Social Services by delivering a copy of the subpoena to the person to whom it is addressed or by leaving a copy of the subpoena at the person’s usual place of abode with a person of suitable age and discretion residing therein. Any fee that the State, or any county or municipality of the State, might otherwise charge for the service of a subpoena shall be waived for the service of a subpoena under this section. (c) Neither the Secretary of the Department of Health and Social Services nor the Secretary’s designee shall be charged any court costs or fees associated with an order of the Superior Court under subsection (a) of this section. (d) A subpoena issued under subsection (a) of this section shall be effective throughout this State. (66 Del. Laws, c. 290, § 1; 70 Del. Laws, c. 186, § 1.)
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Part I
In General
Chapter 3
Child Welfare
Subchapter I
General Provisions
§ 301. Definitions. As used in this chapter: (1) “Abuse” or “abused child” is as defined in § 901 of Title 10. (2) “Child” means a person who has not yet attained the child’s eighteenth birthday. (3) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime. (4) “Dependency” or “dependent child” is as defined in § 901 of Title 10. (5) “Maternal death” means the death of a person during pregnancy or within a year from the end of pregnancy. “Maternal death” includes pregnancy-related death and pregnancy-associated death. (6) “Near death” means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician. (7) “Neglect” or “neglected child” is as defined in § 901 of Title 10. (8) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 inclusive who has been absent from school without a valid excuse, as defined in the rules and regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school, for more than 3 days or the equivalent thereof during a given school year. (41 Del. Laws, c. 98, § 1; 31 Del. C. 1953, § 301; 56 Del. Laws, c. 317, §§ 3, 4; 58 Del. Laws, c. 64, § 1; 60 Del. Laws, c. 449, § 6; 61 Del. Laws, c. 334, § 5; 63 Del. Laws, c. 290, § 9; 64 Del. Laws, c. 108, § 4; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 175, § 14; 74 Del. Laws, c. 376, § 1; 76 Del. Laws, c. 136, §§ 21-23; 76 Del. Laws, c. 373, § 1; 83 Del. Laws, c. 364, § 1.) § 302. Intent and purpose of chapter. The intent and purpose of this chapter are to: (1) Provide humane and scientific treatment, care and highest attainable degree of individual development for the dependent wards of this State; (2) Provide for the delinquent such wise conditions of modern education and training as will restore the largest possible portion of such delinquents to useful citizenship; (3) Promote the study of the causes of dependency and delinquency and of mental and physical disabilities, with a view to cure and ultimate prevention; and (4) Secure, by uniform and systematic management, the highest attainable degree of economy in the administration of the state institutions under supervision of the Division of Child Protective Services consistent with the objects in view. (Code 1915, § 1005B; 30 Del. Laws, c. 64; Code 1935, § 1124; 31 Del. C. 1953, § 302; 58 Del. Laws, c. 64, § 1; 64 Del. Laws, c. 108, § 4; 78 Del. Laws, c. 179, § 323.) § 303. General powers and duties of Division in respect to children. In order that the State may more effectively exercise the duty and obligation which it owes to minor children, who for any cause are in need of care and protection, the Division of Child Protective Services may: (1) Search out through investigation, complaints from citizens, or otherwise, the minor children in the State who are in need of its care and protection and shall as far as possible, through existing agencies, public or private, its own welfare workers or through such other resources, aid such children to a fair opportunity in life; (2) Make surveys and in other ways ascertain the facts and conditions which cause or contribute to the need for state care and protection of children and the extent of such need; (3) Present the facts so ascertained to the people through conventions, conferences and addresses to the end that a statewide program may be effected for the elimination and suppression of the causes which bring the necessity for such care; (4) Establish and maintain homes or other agencies for the care of dependent or neglected minor children or contract with any approved agency or home for the care of such children, receive and care for dependent or neglected children committed to its care and, if possible, to arrange for a thorough physical and mental examination of every such child, investigate in detail the personal and family history of a child and its environment, place such children in family homes or in approved suitable institutions and supervise such children however placed; and
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(5) Solicit, obtain and hold gifts, devises and bequests of money, real estate and other things of value to be used in support of the
development and carrying on of child welfare work.
(38 Del. Laws, c. 54, §§ 1, 2; Code 1935, § 1130; 31 Del. C. 1953, § 303; 58 Del. Laws, c. 64, § 1; 64 Del. Laws, c. 108, § 4.)
§ 304. Dependent or neglected children deemed wards of State; duty of Division [Repealed]. Repealed by 77 Del. Laws, c. 43, § 11, effective June 16, 2009. § 305. Use of other child welfare agencies. The Division of Child Protective Services may utilize services of other child welfare agencies and allocate and turn over unto such agencies, operating within this State and rendering child welfare services, any portion of funds appropriated for the purposes of this chapter and as may from time to time be deemed necessary, proper and expedient for the supervision, care, custody, board and placement of dependent and neglected children. If in the judgment of the Division such payments are necessary, proper and expedient for the care of the child, these allocations and payments may be continued to the said agency for children who were dependent or neglected, but who have been legally adopted. (41 Del. Laws, c. 98, § 3; 31 Del. C. 1953, § 305; 58 Del. Laws, c. 64, §§ 1, 3; 64 Del. Laws, c. 108, § 4.) § 306. Binding minors prohibited. No court, organization, institution, individual or corporation may bind any minor to any organization, institution, individual or corporation in any manner whatsoever. Nothing contained in this section shall in any manner interfere with the power and authority of any court to commit any minor to the custody and care of any organization, institution, individual or corporation. (Code 1852, § 1501; Code 1915, § 3101; 32 Del. Laws, c. 185; Code 1935, § 3591; 31 Del. C. 1953, § 306.) § 307. Bringing or sending nonresident children into State regulated; penalty. (a) No person or corporation of this State or any child placement agency or association operating within this State or any bureau, board or commission of this State or any person, institution, agency, association, corporation, bureau, board or commission without this State shall bring or send into this State or in any way assist in the bringing or sending into this State of any dependent child who is a resident of another state, United States territory or country for the purpose of placing or procuring placement of such child in any way free, wage or boarding home or for adoption without the written consent of the Department of Services for Children, Youth and Their Families having first been obtained, and such person, agency, institution, association, corporation, board or commission shall abide by all rules laid down by the Department of Services for Children, Youth and Their Families. (b) Whoever violates subsection (a) of this section shall be fined not more than $100; and Whoever continues to so violate for a period of 10 days after notification from the Department of Services for Children, Youth and Their Families shall be guilty of a new, separate and distinct offense and shall be fined for each offense not less than $100 nor more than $1,000. (Code 1915, §§ 1005E, 1005G; 32 Del. Laws, c. 50; 38 Del. Laws, c. 64, §§ 2, 5; Code 1935, §§ 1126, 1129; 41 Del. Laws, c. 97, § 1; 31 Del. C. 1953, § 307; 50 Del. Laws, c. 187, § 1; 58 Del. Laws, c. 64, § 1; 64 Del. Laws, c. 108, § 4; 68 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 223, § 1.) § 308. Vaccinations. Every person who is unable to pay for vaccination and every child whose parents or guardians are unable to pay for the same, not residing in the City of Wilmington, may be vaccinated by any physician or physicians who may be designated for that purpose by the Division of Child Protective Services. For each person or child so vaccinated, the physician or physicians shall be paid by the Division of Child Protective Services the sum of 50 cents. Every such physician shall give a certificate of vaccination to the person or child so applying. (17 Del. Laws, c. 68, § 4; Code 1915, § 768; 37 Del. Laws, c. 189, § 15; Code 1935, § 774; 31 Del. C. 1953, § 308; 58 Del. Laws, c. 64, § 1; 64 Del. Laws, c. 108, § 4.) § 309. Background checks for child-serving entities and other organizations [Effective until July 1, 2026]. (a) A background check for employees or volunteers of child-serving entities and members of school boards shall consist of a fingerprinted Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF). (b) Definitions. — For purposes of this section: (1) “Administrator of educator preparation program” means the individual identified by the higher education institution as being responsible for overseeing the placement of candidates into student teaching placements in a Delaware public school. (2) “Adult who is impaired” shall have the meaning as defined in § 3902 of this title.
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(3) “Child Protection Registry” as used in this section, shall have the meaning as defined in § 921 of Title 16.
(4) “Child-serving entity” means:
a. The DSCYF, which includes any employee or volunteer of DSCYF or 1 of its contractors who have regular direct access to
children or adolescents under the age of 18, but who do not provide child-care services at a facility under paragraph (b)(4)b. of
this section.
b. Residential child-care facilities in Delaware which are under contract with or operated directly by DSCYF.
c. Public and private schools, including employees of the Department of Education.
d. Child-care providers as defined in § 3002A of Title 14.
e. Youth camps or summer schools that are exempt from child-care licensing requirements.
f. Facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware
Department of Health and Social Services.
g. Early intervention service providers as defined under § 3103A of Title 14.
(5) “Contractor” means a person, not an employee, providing services or seeking a contract to provide services within a child-serving
entity and any of the following apply to the person: a. Has regular direct access to children. b. Provides services directly to a child or children. (6) “Conviction” or “convicted” shall have the same meaning as defined in § 902 of Title 16. (7) “Direct access” means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one’s assigned duties. (8) “Elderly person” shall have the meaning as defined in § 222 of Title 11. (9) “Employee” means any person seeking employment for compensation with a child-serving entity, or any person who for any reason has regular direct access to children at a child-serving entity. This definition shall also include applicants wishing to become adoptive, foster, or respite parents and their adult household members and any person seeking a student teaching placement in a public school. (10) “Felony convictions involving physical or sexual assault crimes” shall include: §§ 604-607, 612-613, 626, 629-636, 645, 651, 768-780, 782-783A, 785, 787, 802, 803,1100A-1102, 1103A-1103D, 1105, 1108-1112B of Title 11, felony convictions of § 1103E of Title 11, felony convictions of § 1136 of Title 16, and felony convictions of § 3913(c) of Title 31. (11) “Higher education institution” means a Delaware college or university that has a teacher preparation program that places candidates into student teaching placements in a Delaware public school. (12) “Member of a school board” means a candidate, prospective, or current member of the State Board of Education, or the board of a public school district, vocational-technical school district, or charter school. (13) “Misdemeanor convictions against children” shall include: §§ 601-603, 611, 621, 625-628A,763, 764, 765, 766, 767, 781, 785, 1102, 1103, 1106, 1107 of Title 11, misdemeanor convictions of § 1103E of Title 11, and misdemeanor convictions of § 1136 of Title 16. (14) “Private school” means a school having any or all of grades kindergarten through 12, operating under a board of trustees and maintaining a faculty and plant which are properly supervised. (15) “Public school” means any public school and includes any board of education, school district, reorganized school district, special school district, charter school or charter school board and any person acting as an agent thereof. (16) “Student teacher” means an individual participating in a student teaching placement. (17) “Student teaching placement” means a structured, supervised classroom teaching, internship, clinical or field experience in a teacher education program in which the student teacher practices the skills being learned in the teacher education program and gradually assumes increased responsibility for instruction, classroom management, and other related duties for a class of students in a local school district or charter school. These skills are practiced under the direct supervision of the certified teacher who has official responsibility for the class. Successful completion of a student teaching placement may be used to meet the requirements for an initial license set forth in § 1210 of Title 14. (18) “Volunteer” means a person providing volunteer services within a child-serving entity and who has regular direct access to children. (19) “Youth camp” means a child-serving entity having custody or control of 1 or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for 3 or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year and is operated in a space or at a location other than a space or location subject to licensing pursuant to§ 3004A of Title 14. (c) Except as provided in paragraph (c)(4) of this section, all child-serving entities are required to obtain criminal and Child Protection Registry checks for prospective employees, volunteers, and contractors. Members of school boards must obtain criminal and Child Protection Registry checks under § 209 or § 511 of Title 14.
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(1) The SBI shall furnish information pertaining to the identification and criminal history record of prospective employees, volunteers,
and contractors of child-serving entities, and members of school boards, except as otherwise allowed or required, provided that the prospective board member, employee, volunteer, or contractor submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. This procedure must include the fingerprinting of the individual subject to a criminal background check and the provision of such other information as may be necessary to obtain a report of the individual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the FBI appropriation of Title II of Public Law 92-544. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section. (2) Any person who is required to request a Child Protection Registry check under this section shall obtain a statement signed by the prospective board member, employee, volunteer, or contractor wherein the individual authorizes a full release for the person to obtain the information provided as a result of a check. The DSCYF will process a Child Protection Registry check of the individual upon receipt of the signed statement which shall be attached to the request from the person for the Child Protection Registry check. (3) Notwithstanding paragraph (c)(1) of this section, private schools and youth camps may choose to perform a name-based Delaware criminal background check for prospective employees, volunteers and contractors through the Delaware Justice Information System (DELJIS) and an out-of-state criminal record check using private, third-party providers of such checks, provided that any out-of-state criminal record check shall include a Social Security trace search and county-based criminal record search in the counties in which the individual has resided within the past 10 years. Such check shall be valid for a 5-year period. (4) Any private school, including youth camps directly operated by a private school, may choose not to perform the background checks and Child Protection Registry checks described in paragraphs (c)(1) and (c)(2) of this section, provided that the private school or youth camp that is directly operated by the private school informs parents or guardians of the youth in attendance that the school or youth camp is not meeting minimum background check safety requirements for its staff members. The school or camp must obtain and retain for at least 1 year a signed acknowledgement of same from the parents or guardians. (5) Costs associated with obtaining said criminal history information and Child Protection Registry information are borne by the applicant, except for applicants designated in paragraph (b)(4)d. of this section, whose costs are borne by the State. Notwithstanding the foregoing: a. Public schools may use funds other than state funds to pay for criminal background check costs and may enter into consortia of school districts to pay such costs for persons covered by this section who work in more than 1 school district during the course of a year. b. A candidate for election to a school board may use campaign funds to pay for background check costs under § 1075 of Title 14. (6) All employees, volunteers, and contractors shall inform their employer of any criminal conviction or entry on the Child Protection Registry which would lead to a prohibition under subsection (d) of this section. (7) Child-serving entities may conditionally hire an employee or volunteer or place a child, pending the determination of suitability for employment. If the information obtained from the background checks indicates that the individual is prohibited from employment pursuant to subsection (d) of this section, the person may not continue in employment and is subject to termination. (8) Any persons or organization whose primary concern is that of child welfare and care, which is not otherwise required to do so under the provisions of this section may voluntarily submit to the provisions of this subchapter at such person’s or organization’s expense pursuant to procedures established by the Superintendent of State Police. (d) Prohibitions. — (1) The following criminal convictions or entries on the Child Protection Registry shall prohibit an individual from being an employee, volunteer, or contractor for a child-serving entity for the amount of time indicated: a. Felony convictions involving physical or sexual assault crimes against a child, an adult who is impaired, or elderly person. Such convictions shall require a lifetime prohibition. b. Felony convictions involving physical or sexual assault crimes against another adult. Such prohibition shall last for 10 years following the date of conviction. c. Any other convictions for a violent felony as defined in § 4201(c) of Title 11 not already included within the convictions subject to a lifetime or 10 year prohibition under paragraphs (d)(1)a. and b. of this section shall prohibit the individual for 7 years following the date of conviction, unless the felony is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided in the Child Protection Registry regulations. d. Misdemeanor convictions against children. Such prohibitions shall last for 7 years following the date of conviction, unless the misdemeanor is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided for in the Child Protection Registry regulations. (2) If an individual has more than 1 prohibition, the higher level prohibition shall apply. (3) For any other criminal conviction that does not prohibit employment according to paragraph (d)(1) of this section, the child- serving entity may set forth job-related prohibitions for employees, contractors, and volunteers considering number and types of offenses, their recency, the individual’s criminal record since the offenses, and the responsibilities of the position which the individual has obtained or is seeking to obtain, provided that such prohibitions are not otherwise prohibited by law.
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(4) The child-serving entity may prohibit employment for longer than that set out in paragraph (d)(1) of this section for those crimes
that are prohibited and are job-related. The prohibition must not be shorter than the time proscribed in paragraph (d)(1) of this section, provided such time restrictions are not otherwise prohibited by law. (e) Upon completion of the criminal background and Child Protection Registry checks: (1) Where the child-serving entity is a public or private school, a contractor with a school district or the Department of Education, or an employee of a contractor who is an early intervention service provider: a. 1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and the employer or prospective employer. 2. The school, school district, Department of Education, or employing contractor shall determine whether the individual is prohibited from being employed by or contracting with the school, school district, or contractor under subsection (d) of this section. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment or contracting using the factors in paragraph (d)(3) of this section. 3. Information obtained under this subsection is confidential and may only be disclosed to any of the following, as applicable: A. The chief school officer. B. The head of school. C. The employing contractor. D. The chief personnel officer of the school or school district. E. One person in each school or school district who is designated to assist in the processing of criminal background checks, receive training in confidentiality, and is required to sign an agreement to keep such information confidential. F. The Secretary of Education, or the Secretary’s designee. b. Upon making its determination of suitability, the public school, contractor, or Department of Education shall forward the determination to the person seeking employment or a contract. If a determination is made to deny the person employment or a contract with a school or the Department of Education based on the criminal history of the person, the person shall have an opportunity to appeal to the chief school officer, head of school, Secretary of Education, or designee for reconsideration. c. In the case of a student teacher: 1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and to the Higher Education Institution identified by the individual, through the Administrator of Educator Preparation Program. The Higher Education Institution shall determine whether the individual is prohibited from being employed pursuant to subsection (d) of this section and shall send a copy of the complete criminal background check and Child Protection Registry check information to the district superintendent or charter school director of the Delaware school district or charter school considering the person as a candidate for a student teaching position. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is or has been on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment using the factors in paragraph (d)(3) of this section. Information obtained under this subsection is confidential and may only be disclosed to the chief school officer or head of school and the chief personnel officer of the school, and 1 person in each school who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential. 2. Upon making its determination of suitability, the public school shall forward the determination to the administrator of educator preparation program of the designated higher education institution. d. In the case of an employee or contractor of the Department of Education, SBI may release all subsequent criminal history to the Department of Education. (2) Where the child-serving entity is DSCYF, a residential child-care facility under contract to or operated directly by DSCYF, or where the individual is applying to become an adoptive, foster or respite parent, SBI shall provide the criminal background information to DSCYF and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited based on the results of the criminal background and Child Protection Registry checks. DSCYF may, by regulation, set forth criteria for unsuitability for its employees, contractors, volunteers, residential child-care employees, individuals applying to become an adoptive, foster or respite parent. These criteria shall relate to criminal history information and other information in addition to that set forth above. Such criteria and information shall be reasonably related to the prevention of child abuse. Upon making its determination, the DSCYF shall forward the determination to the applicant and the employer. Any adverse judgment affecting the applicant may be reviewed subject to regulations promulgated by DSCYF. The State Bureau of Identification may release all subsequent criminal history to DSCYF. (3) Where the child-serving entity is a child-care provider, facility receiving Federal Child Care Development Block Grant funds, or a Youth Camp, SBI shall provide the criminal background information to DSCYF, and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited by subsection (d) of this section based on the results
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of the criminal background and Child Protection Registry checks. If the applicant has a criminal conviction or is on the Child Protection Registry but is not prohibited from employment pursuant to paragraph (d)(1) of this section, DSCYF will assess the background check information and make a determination of suitability based upon factors set forth by DSCYF regulation consistent with paragraph (d) (3) of this section. If an applicant is determined unsuitable by DSCYF, the employer shall be informed. The employer shall make the final determination of whether or not to employ the individual. Notwithstanding the above, if the employer is a family child-care provider, DSCYF shall make the final decision based on the criteria established by regulations. If an applicant is determined unsuitable by DSCYF, the applicant and employer shall be informed. Any adverse judgment affecting the applicant shall be reviewed subject to regulations promulgated by the DSCYF. SBI may release all subsequent criminal history to DSCYF. (4) Where the child-serving entity is a private school or youth camp that chooses to perform background checks using the method permitted in paragraph (c)(3) of this section, DELJIS shall perform a name-based criminal check based on the identifying information provided by the private school or youth camp. If the individual is found to have a criminal background that would make them prohibited for employment, DELJIS shall so inform the employer. If the individual’s background would not make them prohibited from employment, then DELJIS shall forward the information to DSCYF, which shall perform a check of the Child Protection Registry. DSCYF shall determine whether or not the individual is prohibited based on the results of the Child Protection Registry check. (5) a. When the background checks are for a member of a school board, the SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information pertaining to members and prospective members within 15 days of a request under subsection (c) of this section as follows: 1. To the Governor, for an individual seeking appointment to or serving on the State Board of Education or a vocational- technical school district. 2. To the Commissioner of Elections, for an individual seeking to be a candidate for election to a school board or seeking to be appointed to fill a vacancy on a school board until the next school board election. 3. To the superintendent of a school district, for an individual serving as a member of the school district board. 4. To the board of a charter school, for an individual seeking to serve or serving on the charter school board. b. Information provided under paragraph (e)(5)a. of this section is confidential and is not a public record under Chapter 100 of Title 29. (f) The DSCYF shall, in the manner provided by law, promulgate regulations necessary to implement this section. (g) The Department of Education shall, in the manner provided by law, promulgate regulations necessary to implement this section. These regulations shall include all of the following: (1) Establishment, in conjunction with SBI, of a procedure for fingerprinting persons seeking employment with a public school or as an early intervention service provider and providing the reports and certificate obtained under subsection (c) of this section. (2) Establishment of a procedure to provide confidentiality of information obtained under subsection (c) of this section. (3) Establishment of a procedure for determining other job-related prohibitions for employees, volunteers, and contractors, under paragraph (d)(3) of this section. (67 Del. Laws, c. 409, § 1; 79 Del. Laws, c. 290, § 202; 80 Del. Laws, c. 154, § 1; 80 Del. Laws, c. 211, §§ 1, 2; 81 Del. Laws, c. 433, § 1; 82 Del. Laws, c. 184, §§ 2, 3; 83 Del. Laws, c. 187, § 7; 83 Del. Laws, c. 213, § 8; 84 Del. Laws, c. 126, § 14; 84 Del. Laws, c. 205, § 1; 85 Del. Laws, c. 185, § 2.) § 309. Background checks for child-serving entities and other organizations [Effective July 1, 2026]. (a) A background check for employees or volunteers of child-serving entities and members of school boards shall consist of a fingerprinted Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF). (b) Definitions. — For purposes of this section: (1) “Administrator of educator preparation program” means the individual identified by the higher education institution as being responsible for overseeing the placement of candidates into student teaching placements in a Delaware public school. (2) “Adult who is impaired” shall have the meaning as defined in § 3902 of this title. (3) “Child Protection Registry” as used in this section, shall have the meaning as defined in § 921 of Title 16. (4) “Child-serving entity” means: a. The DSCYF, which includes any employee or volunteer of DSCY
Del. Code § title6
Legislative Council, General Assembly State of Delaware
Title 6
Commerce and Trade
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts enacted as of January 30, 2026, up to and including 85 Del. Laws, c. 236.
DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 6 - Commerce and Trade
Subtitle I
Uniform Commercial Code
Article 1
General Provisions
Part 1
General Provisions
§ 1-101. Short titles. (a) This subtitle may be cited as the Uniform Commercial Code. (b) This article may be cited as Uniform Commercial Code — General Provisions. (5A Del. C. 1953, § 1-101; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1.) § 1-102. Scope of article. This article applies to a transaction to the extent that it is governed by another article of the Uniform Commercial Code. (74 Del. Laws, c. 332, § 1.) § 1-103. Construction of Uniform Commercial Code to promote its purposes and policies; applicability of supplemental principles of law. (a) The Uniform Commercial Code must be liberally construed and applied to promote its underlying purposes and policies, which are: (1) To simplify, clarify, and modernize the law governing commercial transactions; (2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) To make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. (5A Del. C. 1953, § 1-102; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1.) § 1-104. Construction against implied repeal. The Uniform Commercial Code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. (74 Del. Laws, c. 332, § 1.) § 1-105. Severability. If any provision or clause of the Uniform Commercial Code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Uniform Commercial Code which can be given effect without the invalid provision or application, and to this end the provisions of the Uniform Commercial Code are severable. (74 Del. Laws, c. 332, § 1.) § 1-106. Use of singular and plural; gender. In the Uniform Commercial Code, unless the statutory context otherwise requires: (1) Words in the singular number include the plural, and those in the plural include the singular; and (2) Words of any gender also refer to any other gender. (74 Del. Laws, c. 332, § 1.) § 1-107. Section captions. Section captions are part of the Uniform Commercial Code. (74 Del. Laws, c. 332, § 1.) § 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, (15 U.S.C. § 7001, et seq.) but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003(b)). (74 Del. Laws, c. 332, § 1.)
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Part 2
General Definitions and Principles of Interpretation
§ 1-201. General definitions. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of the Uniform Commercial Code that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to definitions contained in other articles of the Uniform Commercial Code that apply to particular articles or parts thereof: (1) “Action”, in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. (2) “Aggrieved party” means a party entitled to pursue a remedy. (3) “Agreement”, as distinguished from “contract”, means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. (4) “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. (5) “Bearer” means a person in control of a negotiable electronic document of title or a person in possession of a negotiable instrument, negotiable tangible document of title, or certificated security that is payable to bearer or indorsed in blank. (6) “Bill of lading” means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt. (7) “Branch” includes a separately incorporated foreign branch of a bank. (8) “Burden of establishing” a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. (9) “Buyer in ordinary course of business” means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller’s own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. “Buyer in ordinary course of business” does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (10) “Conspicuous”, with reference to a term, means so written, displayed, or presented that, based on the totality of the circumstances, a reasonable person against which it is to operate ought to have noticed it. Whether a term is “conspicuous” or not is a decision for the court. (A), (B) [Repealed.] (11) “Consumer” means an individual who enters into a transaction primarily for personal, family, or household purposes (12) “Contract”, as distinguished from “agreement”, means the total legal obligation that results from the parties’ agreement as determined by the Uniform Commercial Code as supplemented by any other applicable laws. (13) “Creditor” includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor’s or assignor’s estate. (14) “Defendant” includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. (15) “Delivery”, with respect to an electronic document of title, means voluntary transfer of control and, with respect to an instrument, a tangible document of title, or an authoritative tangible copy of a record evidencing chattel paper, means voluntary transfer of possession. (16) “Document of title” means a record (i) that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and (ii) that purports to be issued by or addressed to a bailee and to cover goods in the bailee’s possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium. (16A) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (17) “Fault” means a default, breach, or wrongful act or omission.
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(18) “Fungible goods” means:
(A) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or
(B) Goods that by agreement are treated as equivalent.
(19) “Genuine” means free of forgery or counterfeiting.
(20) “Good faith”, except as otherwise provided in Article 5, means honesty in fact and the observance of reasonable commercial
standards of fair dealing. (21) “Holder” means: (A) The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; (B) The person in possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or (C) The person in control, other than pursuant to Section 7-106(g), of a negotiable electronic document of title. (22) “Insolvency proceeding” includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved. (23) “Insolvent” means: (A) Having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute; (B) Being unable to pay debts as they become due; or (C) Being insolvent within the meaning of federal bankruptcy law. (24) “Money” means a medium of exchange that is currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization, or pursuant to an agreement between 2 or more countries. The term does not include an electronic record that is a medium of exchange recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by the government. (25) “Organization” means a person other than an individual. (26) “Party”, as distinguished from “third party”, means a person that has engaged in a transaction or made an agreement subject to the Uniform Commercial Code. (27) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, any other legal or commercial entity, or any series of any of the foregoing. (28) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into. (29) “Purchase” means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. (30) “Purchaser” means a person that takes by purchase. (31) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (32) “Remedy” means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. (33) “Representative” means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. (34) “Right” includes remedy. (35) “Security interest” means an interest in personal property or fixtures which secures payment or performance of an obligation. “Security interest” includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9. “Security interest” does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under § 2-401, but a buyer may also acquire a “security interest” by complying with Article 9. Except as otherwise provided in § 2-505, the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not a “security interest”, but a seller or lessor may also acquire a “security interest” by complying with Article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under § 2-401 is limited in effect to a reservation of a “security interest.” Whether a transaction in the form of a lease creates a “security interest” is determined pursuant to § 1-203. (36) “Send”, in connection with a record or notification, means: (A) To deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or
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(B) To cause the record or notification to be received within the time it would have been received if properly sent under
subparagraph (A).
(37) “Sign” means, with present intent to authenticate or adopt a record:
(A) Execute or adopt a tangible symbol; or
(B) Attach to or logically associate with the record an electronic symbol, sound, or process.
“Signed”, “signing”, and “signature” have corresponding meanings.
(38) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the United States.
(39) “Surety” includes a guarantor or other secondary obligor.
(40) “Term” means a portion of an agreement that relates to a particular matter.
(41) “Unauthorized signature” means a signature made without actual, implied, or apparent authority. The term includes a forgery.
(42) “Warehouse receipt” means a document of title issued by a person engaged in the business of storing goods for hire.
(43) “Writing” includes printing, typewriting, or any other intentional reduction to tangible form. “Written” has a corresponding
meaning.
(5A Del. C. 1953, § 1-201; 55 Del. Laws, c. 349; 64 Del. Laws, c. 152, § 2; 68 Del. Laws, c. 249, § 3; 70 Del. Laws, c. 86, § 1; 72
Del. Laws, c. 401, §§ 3-5; 73 Del. Laws, c. 329, § 5; 73 Del. Laws, c. 330, § 2; 74 Del. Laws, c. 332, § 1; 80 Del. Laws, c. 305, §
1; 81 Del. Laws, c. 353, § 1; 84 Del. Laws, c. 174, § 1.)
§ 1-202. Notice; knowledge. (a) Subject to subsection (f), a person has “notice” of a fact if the person: (1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. (b) “Knowledge” means actual knowledge. “Knows” has a corresponding meaning. (c) “Discover”, “learn”, or words of similar import refer to knowledge rather than to reason to know. (d) A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it. (e) Subject to subsection (f), a person “receives” a notice or notification when: (1) It comes to that person’s attention; or (2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications. (f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual’s attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. (5A Del. C. 1953, § 1-201; 55 Del. Laws, c. 349; 64 Del. Laws, c. 152, § 2; 68 Del. Laws, c. 249, § 3; 70 Del. Laws, c. 86, § 1; 72 Del. Laws, c. 401, §§ 3-5; 73 Del. Laws, c. 329, § 5; 73 Del. Laws, c. 330, § 2; 74 Del. Laws, c. 332, § 1.) § 1-203. Lease distinguished from security interest. (a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case. (b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not subject to termination by the lessee, and: (1) The original term of the lease is equal to or greater than the remaining economic life of the goods; (2) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods; (3) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement; or (4) The lessee has an option to become the owner of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement. (c) A transaction in the form of a lease does not create a security interest merely because: (1) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into;
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(2) The lessee assumes risk of loss of the goods;
(3) The lessee agrees to pay, with respect to the goods, taxes, insurance, filing, recording, or registration fees, or service or
maintenance costs;
(4) The lessee has an option to renew the lease or to become the owner of the goods;
(5) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market
rent for the use of the goods for the term of the renewal at the time the option is to be performed; or
(6) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably
predictable fair market value of the goods at the time the option is to be performed.
(d) Additional consideration is nominal if it is less than the lessee’s reasonably predictable cost of performing under the lease agreement
if the option is not exercised. Additional consideration is not nominal if: (1) When the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or (2) When the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed. (e) The “remaining economic life of the goods” and “reasonably predictable” fair market rent, fair market value, or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into. (74 Del. Laws, c. 332, § 1.) § 1-204. Value. Except as otherwise provided in Articles 3, 4, 5, and 12, a person gives value for rights if the person acquires them: (1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; (2) As security for, or in total or partial satisfaction of, a preexisting claim; (3) By accepting delivery under a preexisting contract for purchase; or (4) In return for any consideration sufficient to support a simple contract. (74 Del. Laws, c. 332, § 1; 84 Del. Laws, c. 174, § 2.) § 1-205. Reasonable time; seasonableness. (a) Whether a time for taking an action required by the Uniform Commercial Code is reasonable depends on the nature, purpose, and circumstances of the action. (b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time. (74 Del. Laws, c. 332, § 1.) § 1-206. Presumptions. Whenever the Uniform Commercial Code creates a “presumption” with respect to a fact, or provides that a fact is “presumed,” the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence. (74 Del. Laws, c. 332, § 1.) Part 3 Territorial Applicability and General Rules § 1-301. Territorial applicability; parties’ power to choose applicable law. (a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this State and also to another state or nation the parties may agree that the law either of this State or of such other state or nation shall govern their rights and duties. (b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), the Uniform Commercial Code applies to transactions bearing an appropriate relation to this state. (c) If one of the following provisions of the Uniform Commercial Code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified: (1) Section 2-402; (2) Sections 2A-105 and 2A-106; (3) Section 4-102; (4) Section 4A-507; (5) Section 5-116; (6) Section 8-110;
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(7) Sections 9-301 through 9-307;
(8) Section 12-107.
(5A Del. C. 1953. § 1-105; 55 Del. Laws, c. 349; 64 Del. Laws, c. 152, § 1; 68 Del. Laws, c. 249, § 2; 68 Del. Laws, c. 430, § 2;
70 Del. Laws, c. 439, § 2; 71 Del. Laws, c. 75, § 16; 71 Del. Laws, c. 393, § 2; 72 Del. Laws, c. 401, § 2; 73 Del. Laws, c. 330, §
1; 74 Del. Laws, c. 332, § 1; 84 Del. Laws, c. 174, § 3.)
§ 1-302. Variation by agreement. (a) Except as otherwise provided in subsection (b) or elsewhere in the Uniform Commercial Code, the effect of provisions of the Uniform Commercial Code may be varied by agreement. (b) The obligations of good faith, diligence, reasonableness, and care prescribed by the Uniform Commercial Code may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever the Uniform Commercial Code requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement. (c) The presence in certain provisions of the Uniform Commercial Code of the phrase “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section. (74 Del. Laws, c. 332, § 1.)
§ 1-303. Course of performance, course of dealing, and usage of trade. (a) A “course of performance” is a sequence of conduct between the parties to a particular transaction that exists if: (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection. (b) A “course of dealing” is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (c) A “usage of trade” is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law. (d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties’ agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance. (e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable: (1) Express terms prevail over course of performance, course of dealing, and usage of trade; (2) Course of performance prevails over course of dealing and usage of trade; and (3) Course of dealing prevails over usage of trade. (f) Subject to § 2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance. (g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party. (5A Del. C. 1953, § 1-205; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1.)
§ 1-304. Obligation of good faith. Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement. (5A Del. C. 1953, § 1-203; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1.)
§ 1-305. Remedies to be liberally administered. (a) The remedies provided by the Uniform Commercial Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in the Uniform Commercial Code or by other rule of law. (b) Any right or obligation declared by the Uniform Commercial Code is enforceable by action unless the provision declaring it specifies a different and limited effect. (5A Del. C. 1953, § 1-106; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1.)
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§ 1-306. Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record. (5A Del. C. 1953, § 1-107; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1; 84 Del. Laws, c. 174, § 4.)
§ 1-307. Prima facie evidence by third-party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. (5A Del. C. 1953, § 1-202; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1.)
§ 1-308. Performance or acceptance under reservation of rights. (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient. (b) Subsection (a) does not apply to an accord and satisfaction. (5A Del. C. 1953, § 1-207; 55 Del. Laws, c. 349; 70 Del. Laws, c. 86, § 2; 74 Del. Laws, c. 332, § 1.)
§ 1-309. Option to accelerate at will. A term providing that one party or that party’s successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or when the party “deems itself insecure,” or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised. (5A Del. C. 1953, § 1-208; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 1.)
§ 1-310. Subordinated obligations. An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor. (74 Del. Laws, c. 332, § 1.)
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Subtitle I
Uniform Commercial Code
Article 2
Sales
Part 1
Short Title, General Construction and Subject Matter
§ 2-101. Short title. This Article shall be known and may be cited as Uniform Commercial Code — Sales. (5A Del. C. 1953, § 2-101; 55 Del. Laws, c. 349.)
§ 2-102. Scope; certain security and other transactions excluded from this article. (1) Unless the context otherwise requires, and except as provided in subsection (3), this Article applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2). (2) In a hybrid transaction: (a) If the sale-of-goods aspects do not predominate, only the provisions of this Article which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply. (b) If the sale-of-goods aspects predominate, this Article applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods. (3) This Article does not: (a) apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or (b) impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers. (5A Del. C. 1953, § 2-102; 55 Del. Laws, c. 349; 84 Del. Laws, c. 174, § 5.)
§ 2-103. Definitions and index of definitions. (1) In this Article unless the context otherwise requires: (a) “Buyer” means a person who buys or contracts to buy goods. (b) [Repealed.] (c) “Receipt” of goods means taking physical possession of them. (d) “Seller” means a person who sells or contracts to sell goods. (2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they appear are: “Acceptance”. Section 2-606. “Banker’s credit”. Section 2-325. “Between merchants”. Section 2-104. “Cancellation”. Section 2-106(4). “Commercial unit”. Section 2-105. “Confirmed credit”. Section 2-325. “Conforming to contract”. Section 2-106. “Contract for sale”. Section 2-106. “Cover”. Section 2-712. “Entrusting”. Section 2-403. “Financing agency”. Section 2-104. “Future goods”. Section 2-105. “Goods”. Section 2-105. “Identification”. Section 2-501. “Installment contract”. Section 2-612. “Letter of Credit”. Section 2-325. “Lot”. Section 2-105. “Merchant”. Section 2-104.
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“Overseas”. Section 2-323.
“Person in position of seller”. Section 2-707.
“Present sale”. Section 2-106.
“Sale”. Section 2-106.
“Sale on approval”. Section 2-326.
“Sale or return”. Section 2-326.
“Termination”. Section 2-106.
(3) “Control” as provided in § 7-106 and the following definitions in other Articles apply to this Article: “Check”. Section 3-104. “Consignee”. Section 7-102. “Consignor”. Section 7-102. “Consumer goods”. Section 9-102. “Dishonor”. Section 3-502. “Draft”. Section 3-104. (4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article. (5A Del. C. 1953, § 2-103; 55 Del. Laws, c. 349; 72 Del. Laws, c. 401, § 6; 74 Del. Laws, c. 332, §§ 2, 3.) § 2-104. Definitions: “merchant”; “between merchants”; “financing agency.” (1) “Merchant” means a person who deals in goods of the kind or otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by his occupation holds himself or herself out as having such knowledge or skill. (2) “Financing agency” means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller’s draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. “Financing agency” includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (§ 2-707). (3) “Between merchants” means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants. (5A Del. C. 1953, § 2-104; 55 Del. Laws, c. 349; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 332, § 4.) § 2-105. Definitions: transferability; “goods”; “future goods”; “lot”; “commercial unit.” (1) “Goods” means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action. “Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (Section 2-107). (2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell. (3) There may be a sale of a part interest in existing identified goods. (4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer who then becomes an owner in common. (5) “Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract. (6) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole. (5A Del. C. 1953, § 2-105; 55 Del. Laws, c. 349.) § 2-106. Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction”. (1) In this Article unless the context otherwise requires “contract” and “agreement” are limited to those relating to the present or future sale of goods. “Contract for sale” includes both a present sale of goods and a contract to sell goods at a future time. A “sale” consists
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in the passing of title from the seller to the buyer for a price (Section 2-401). A “present sale” means a sale which is accomplished by the making of the contract. (2) Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract. (3) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On “termination” all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives. (4) “Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance. (5) “Hybrid transaction” means a single transaction involving a sale of goods and: (a) the provision of services; (b) a lease of other goods; or (c) a sale, lease, or license of property other than goods. (5A Del. C. 1953, § 2-106; 55 Del. Laws, c. 349; 84 Del. Laws, c. 174, § 6.)
§ 2-107. Goods to be severed from realty; recording. (1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this Article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell. (2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this Article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance. (3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer’s rights under the contract for sale. (5A Del. C. 1953, § 2-107; 55 Del. Laws, c. 349; 64 Del. Laws, c. 152, § 3.)
Part 2
Form, Formation and Readjustment of Contract
§ 2-201. Formal requirements; statute of frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is a record sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by the party’s authorized agent or broker. A record is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in the record. (2) Between merchants if within a reasonable time a record in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against the party unless notice in a record of objection to its contents is given within 10 days after it is received. (3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable: (a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or (b) if the party against whom enforcement is sought admits in the party’s pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or (c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Section 2-606). (5A Del. C. 1953, § 2-201; 55 Del. Laws, c. 349; 70 Del Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 174, § 7.)
§ 2-202. Final expression: parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented: (a) By course of performance, course of dealing, or usage of trade (§ 1-303); and
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(b) By evidence of consistent additional terms unless the court finds the record to have been intended also as a complete and exclusive
statement of the terms of the agreement.
(5A Del. C. 1953, § 2-202; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 5; 84 Del. Laws, c. 174, § 8.)
§ 2-203. Seals inoperative. The affixing of a seal to a record evidencing a contract for sale or an offer to buy or sell goods does not constitute the record a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer. (5A Del. C. 1953, § 2-203; 55 Del. Laws, c. 349; 84 Del. Laws, c. 174, § 9.) § 2-204. Formation in general. (1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract. (2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy. (5A Del. C. 1953, § 2-204; 55 Del. Laws, c. 349.) § 2-205. Firm offers. An offer by a merchant to buy or sell goods in a signed record which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed 3 months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror. (5A Del. C. 1953, § 2-205; 55 Del. Laws, c. 349; 84 Del. Laws, c. 174, § 10.) § 2-206. Offer and acceptance in formation of contract. (1) Unless otherwise unambiguously indicated by the language or circumstances (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer. (2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. (5A Del. C. 1953, § 2-206; 55 Del. Laws, c. 349.) § 2-207. Additional terms in acceptance or confirmation. (1) A definite and seasonable expression of acceptance or a written confirma
Del. Code § title9
Legislative Council, General Assembly State of Delaware
Title 9
Counties
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Part I
Provisions Affecting All Counties
Chapter 1
Boundaries of Counties and Hundreds
§ 101. Division of State into counties. The State is divided into 3 counties: New Castle, Kent and Sussex. (Code 1852, § 5; Code 1915, § 8; Code 1935, § 8; 9 Del. C. 1953, § 101.) § 102. New Castle County boundaries. New Castle County comprises that part of the State which is bounded as follows: On the north, by the State of Pennsylvania; on the east, by low watermark on the eastern side of the Delaware River within the 12-mile circle described from New Castle, the southerly perimeter of the circle from its intersection with the low watermark westerly to the middle line of Delaware River, the middle lines of Delaware River and Bay southerly to a point in the last mentioned line opposite the mouth of Smyrna River; on the south, by a line drawn by the shortest distance from the last mentioned point in the middle line of the Delaware Bay to the mouth of Smyrna River, thence by a line westerly through the thoroughfare north of Bombay Hook Island, and up the Smyrna River to the mouth of a branch issuing from the main branch of the River, at a point opposite, on the Kent side, land formerly of Enoch Jones, and opposite, on the New Castle side, lands formerly of Richard Nash, and running thence westwardly up the branch the several courses thereof 602 perches to a point, where formerly stood a white oak tree, a corner for lands formerly of Benjamin Hazel and lands formerly of Richard Hollet, at the head of the branch; and from thence continued due west 1708 perches till it intersects the tangent or divisional line between the States of Delaware and Maryland, where the same crosses the Cypress Branch; and on the west by the State of Maryland. (Code 1852, § 6; 19 Del. Laws, c. 835; 20 Del. Laws, c. 147; 20 Del. Laws, c. 629; 20 Del. Laws, c. 650; Code 1915, § 9; Code 1935, § 9; 9 Del. C. 1953, § 102.) § 103. Kent County boundaries. Kent County comprises that part of the State which is bounded as follows: On the north, by the southerly boundary line of New Castle County, as described in § 102 of this title; on the east, by the middle line of Delaware Bay from the point where the same is intersected by the southerly boundary line of New Castle County to a point in the middle line of the Bay nearest to the centre line of Mispillion River at the mouth thereof; on the south, by a line drawn by the shortest distance from the last mentioned point in the middle line of the Bay to the centre line of Mispillion River at the mouth thereof, thence up the Mispillion River the several courses thereof to a fork of the River, the point being marked by a large stone buried in the west side of a Mill Dam at the junction of Tan Trough Branch with Beaver Dam Branch (a small maple marked with 6 chops bears south 763/4 degrees west 8/10 of a perch from the stone, and a sweet gum on the east side of the Mill Dam marked with 6 chops bears south 443/4 degrees east 2.23 perches from the stone); and running thence up and with the middle of the run of the Tan Trough Branch the several meanderings thereof, the general trend of which Branch is in a southwesterly direction, about 874.7 perches to a stone monument (No. 1) set at the head of the Tan Trough Branch; thence running south 271/2 degrees west a distance of 480 perches to another stone monument (No. 3) set in the corner of the front yard attached to the dwelling owned and occupied by James L. Jump; thence running south 69 degrees and 50 minutes west a distance 299.1 perches to a point in the middle of the bridge over the division line ditch between the Counties of Kent and Sussex (the point is south 69 degrees and 50 minutes west 4/10 of a perch from a stone monument (No. 4) set on the east bank of the ditch in the north side of the public road); thence running down and with the middle of the run of the division line ditch the several meanderings thereof, the general trend of which ditch is in a southwesterly direction, a distance of about 500.5 perches to a point in the junction of this ditch with the ditch of the main branch of Nanticoke River; this same point bears south 86 degrees and 51 minutes east 2 perches from a stone monument (No. 5) set in the northeast side of the public road and in the next mentioned line; thence running north 86 degrees and 51 minutes west and at a distance of 2 perches passes stone monument (No. 5); thence crossing fields, swamps, striking across the middle of Marshy Hope Bridge in a diagonal direction the whole distance being 28701/4 perches to a stone monument (No. 14) set in the dividing line between the States of Maryland and Delaware, this being the terminus of the division line between the Counties of Kent and Sussex; and on the west by the State of Maryland. (Code 1852, § 7; 19 Del. Laws, c. 835; 20 Del. Laws, c. 147; 20 Del. Laws, c. 629; 20 Del. Laws, c. 650; Code 1915, § 9; Code 1935, § 9; 9 Del. C. 1953, § 103.) § 104. Sussex County boundaries. Sussex County comprises that part of the State which is bounded as follows: On the north, by the southerly boundary line of Kent County as described in § 103 of this title; on the east, by the middle line of Delaware Bay from the point where the same is intersected by southerly boundary line of Kent County to the mouth of the Bay, and by the Atlantic Ocean; on the south and west by the State of Maryland. (Code 1852, § 7; 19 Del. Laws, c. 835; 20 Del. Laws, c. 147; 20 Del. Laws, c. 629; 20 Del. Laws, c. 650; Code 1915, § 9; Code 1935, § 9; 9 Del. C. 1953, § 104.)
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§ 105. Hundreds in New Castle County; boundaries. (a) New Castle County is divided into 11 hundreds, as follows: Appoquinimink, Blackbird, Brandywine, Christiana, Mill Creek, New Castle, Pencader, Red Lion, St. Georges, White Clay Creek and Wilmington. (b) Brandywine Hundred comprises that part of New Castle County which is bounded as follows: Beginning at the point where low watermark on the westerly side of the Delaware River is intersected by the northerly boundary line of the State of Delaware; thence by the boundary line, crossing the Delaware River, to low watermark on the easterly side of the Delaware River; thence by the last mentioned low watermark to the point where the last mentioned low watermark is intersected by the northerly boundary line of the City of Wilmington; thence by the present boundary lines dividing Brandywine Hundred from the City of Wilmington, Christiana Hundred, and the State of Pennsylvania, to the place of beginning. (c) Wilmington Hundred comprises that part of New Castle County described as follows: (1) All that part of New Castle County which is included within the corporate limits of the City of Wilmington; (2) All territory which shall hereafter be added to and included within the City of Wilmington shall become part of Wilmington Hundred; (3) Whenever by the extension of the limits of the City of Wilmington, territory forming part of any hundred as hereby established, shall be included within the limits of the City, such hundred shall thereafter consist of the residue thereof not so included within the limits. (d) New Castle Hundred comprises that part of New Castle County which is bounded as follows: Beginning at the point where low watermark on the westerly side of the Delaware River is intersected by the southerly boundary line of the City of Wilmington; thence by the boundary line, crossing the Delaware River to the low watermark on the easterly side of the Delaware River; thence by the last mentioned low watermark to a point which is due east of the point where the boundary line between New Castle Hundred and Red Lion Hundred intersects the low watermark on the westerly side of the Delaware River; thence due west to low watermark on the westerly side of the Delaware River; thence by the present boundary lines dividing New Castle Hundred from Red Lion Hundred, Pencader Hundred, White Clay Creek Hundred, Christiana Hundred and the City of Wilmington, to the place of beginning. (e) Red Lion Hundred comprises that part of New Castle County which is bounded as follows: Beginning at a point where low watermark on the westerly side of the Delaware River is intersected by the present boundary line between New Castle Hundred and Red Lion Hundred; thence due east and crossing the Delaware River to low watermark on the easterly side of the Delaware River; thence by the last mentioned low watermark to a point which is due east of the point where the boundary line between Red Lion Hundred and St. Georges Hundred intersects the low watermark on the westerly side of the Delaware River; thence due west to low watermark on the westerly side of the Delaware River; thence by the present boundary lines dividing Red Lion Hundred from St. Georges Hundred, Pencader Hundred and New Castle Hundred to the place of beginning. (f) St. Georges Hundred comprises that part of New Castle County which is bounded as follows: Beginning at a point where low watermark on the westerly side of the Delaware River is intersected by the present boundary line between Red Lion Hundred and St. Georges Hundred; thence due east and crossing the Delaware River to low watermark on the easterly side of the Delaware River; thence by the last mentioned low watermark to a point where the last mentioned low watermark is intersected by the 12 mile circle; thence westerly and southerly by the boundary line dividing the State of Delaware from the State of New Jersey to a point which is due east of the point where the boundary line between St. Georges Hundred and Appoquinimink Hundred intersects the low watermark on the westerly side of the Delaware River; thence due west to low watermark on the westerly side of the Delaware River; thence by the present boundary lines dividing St. Georges Hundred from Appoquinimink Hundred, the State of Maryland, Pencader Hundred and Red Lion Hundred to the place of beginning. (Code 1852, § 8; Code 1915, § 10; Code 1915, § 10-A; 40 Del. Laws, c. 6; Code 1935, § 10; 9 Del. C. 1953, § 105.)
§ 106. Hundreds in Kent County. Kent County is divided into 9 hundreds, as follows: Duck Creek, East Dover, West Dover, Kenton, Little Creek, Milford, Mispillion, North Murderkill and South Murderkill. (Code 1852, § 9; Code 1915, § 10; Code 1935, § 10; 9 Del. C. 1953, § 106.)
§ 107. Hundreds in Sussex County. Sussex County is divided into 13 hundreds, as follows: Baltimore, Broad Creek, Broadkiln, Cedar Creek, Dagsboro, Georgetown, Gumboro, Indian River, Lewes and Rehoboth, Little Creek, Nanticoke, North West Fork, and Seaford. (Code 1852, § 10; Code 1915, § 10; Code 1935, § 10; 9 Del. C. 1953, § 107.)
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Part I
Provisions Affecting All Counties
Chapter 3
County Governments Generally
Subchapter I
General Provisions
§ 301. Composition of county governments; change of terminology as to New Castle County. (a) There shall be a county government in Kent County which shall consist of not less than 3 members. (b) The government of New Castle County shall be as provided in Chapter 11 of this title. Wherever the words “county government” are used in this title, the words “county council” should be substituted as to New Castle County except in §§ 1501 and 1521(b) of this title. Wherever the words “officials of the county governing body” are used in this title, the words “county councilperson” should be substituted as to New Castle County. (c) The governing body of Kent and Sussex Counties, whether Levy Court, or County Council, unless otherwise indicated, shall be referred to in Part I of this title as “the county government.” (21 Del. Laws, c. 22, § 2; 22 Del. Laws, c. 50, § 6; 22 Del. Laws, c. 52; 22 Del. Laws, c. 54, § 2; 24 Del. Laws, c. 52, § 1; Code 1915, §§ 1014, 1036, 1045, 1046; 28 Del. Laws, c. 76, §§ 1, 2; 31 Del. Laws, c. 13, § 3; 40 Del. Laws, c. 126, § 2; Code 1935, §§ 1148, 1184, 1195; 9 Del. C. 1953, § 302; 57 Del. Laws, c. 264, § 17; 57 Del. Laws, c. 762, §§ 2A, 2B; 60 Del. Laws, c. 468, §§ 1, 2; 71 Del. Laws, c. 401, § 1.) § 302. Officers and employees holding other offices. (a) No receiver of taxes and county treasurer or sheriff shall, during a term of office, be a member of the county government. (b) No member of the county government shall, during that member’s term of office, be appointed or elected a collector of a state or county tax, or receiver of taxes and county treasurer. (c) No officer or employee of the New Castle County government shall hold more than 1 position of county office or employment from which that officer or employee derives compensation. (d) No officer or employee of the Sussex County government shall hold more than 1 position of county office or employment from which that officer or employee derives compensation. (e) No elected New Castle County official shall hold any other elected position, be employed by the County in any other capacity, or be on a board, commission or agency advising the County. (f) No officer or employee of the Kent County government shall hold more than 1 position of county office or employment from which that officer or employee derives compensation. (g) No county government shall require a former employee of a county, who later is elected or appointed to a statutorily defined county office, to give up the former employee’s right to receive vested pension benefits from the county, except that the former employee shall be ineligible for additional years of service or additional vested pension benefits, unless the former employee chooses to forego receipt of the former employee’s retirement benefits during the term of elected or appointed office. (Code 1852, § 67; Code 1915, § 1056; Code 1935, § 1224; 9 Del. C. 1953, § 306; 55 Del. Laws, c. 85, § 3L; 57 Del. Laws, c. 762, § 2E; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 2; 73 Del. Laws, c. 35, § 1; 77 Del. Laws, c. 365, § 1; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 117, § 1.) § 303. Vacancies in county government. (a) In case of a vacancy in the county government, for any cause, the members of that county government may, by a majority vote of the remaining members, fill that vacancy temporarily pending a special election to fill the vacancy. (b) The special election shall be held within 6 months of the occurring of the vacancy and shall be held in the same manner as a regular election for a full term would be. (c) The person so elected shall hold office for the duration of the unexpired term. (21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 4; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1017, 1039, 1048; 28 Del. Laws, c. 76, § 4; 31 Del. Laws, c. 13, § 6; 40 Del. Laws, c. 126, § 5; Code 1935, §§ 1151, 1187, 1197; 9 Del. C. 1953, § 308; 56 Del. Laws, c. 103, § 6.) § 304. County government; supplies for county officers. Each county government shall furnish to county officers necessary record books, cases, seals and supplies for the use of their respective offices. (Code 1915, § 1084; Code 1935, § 1246; 9 Del. C. 1953, § 343; 55 Del. Laws, c. 85, § 3E; 57 Del. Laws, c. 762, § 2I; 73 Del. Laws, c. 35, § 2.)
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§ 305. Capitation tax. (a) (1) The government of Kent County annually at a meeting held during the month of April may fix and determine the amount of the capitation tax which the Board of Assessment may assess for the following year. (2) The government of Sussex County annually at a meeting held during the month of February shall fix and determine the amount of capitation tax which the Board of Assessment shall assess for the following year. (b) (1) In Kent County such capitation tax if so fixed and determined shall in no case exceed the sum of $5.00 and shall be uniform throughout the County if levied and assessed. (2) In Sussex County such capitation tax if so fixed and determined shall in no case exceed the sum of $10 and shall be uniform throughout the County if levied and assessed. (c) Such capitation tax shall be levied upon each citizen of 21 years or older, residing in the county. (d) In New Castle County no capitation tax shall be levied or collected. (21 Del. Laws, c. 23, § 1; Code 1915, §§ 1060, 1060A; 28 Del. Laws, c. 76, § 13; 31 Del. Laws, c. 13, § 14; 34 Del. Laws, c. 86; Code 1935, § 1226; 9 Del. C. 1953, § 345; 55 Del. Laws, c. 85, § 3C; 55 Del. Laws, c. 250, §§ 1-3; 56 Del. Laws, c. 103, § 7; 57 Del. Laws, c. 762, §§ 2F, 2G; 66 Del. Laws, c. 191, §§ 1, 2; 73 Del. Laws, c. 35, § 3; 78 Del. Laws, c. 338, § 1.) § 306. Agritourism activities on farms. (a) “Agritourism activity” means any activity that allows members of the general public to view or enjoy rural activities, including: farming; ranching; wineries; historical, cultural or harvest-your-own activities; guided or self-guided tours; bed and breakfast accommodations; or temporary outdoor recreation activities. “Agritourism activity” includes, but is not limited to: planting, cultivation, irrigation or harvesting of crops; acceptable practices of animal husbandry; barn parties or farm festivals; livestock activities, not to include rodeos; hunting; fishing; swimming; boating, canoeing or kayaking; temporary camping; picnicking; hiking; diving; water skiing or tubing; paintball; and nonmotorized freestyle, mountain or off-road bicycling. An activity is an agritourism activity whether or not the participant paid to participate in the activity. (b) Agritourism activities may be allowed statewide on farms of 10 or more acres subject to the provisions of this title adopted for each county; provided, however, that except for the “related uses” specified in § 909 of Title 3, no agritourism activities shall be permitted on farmlands which are subject to the Agricultural Lands Preservation and Forestland Preservation programs established in Chapter 9 of Title 3. (76 Del. Laws, c. 409, § 1.) § 307. Woods Haven School for Girls; appropriations [Repealed]. Repealed by 64 Del. Laws, c. 73, § 1, effective June 27, 1983. § 308. Children’s Bureau of Delaware; appropriations. The county governments of Kent County, of New Castle County and of Sussex County, shall have authority to make an appropriation, or appropriations, annually to the Children’s Bureau of Delaware in aid of the objects of the corporation. (16 Del. Laws, c. 477, § 2; 18 Del. Laws, c. 229, § 6; 22 Del. Laws, c. 42; Code 1915, § 2221; 34 Del. Laws, c. 154, § 8; Code 1935, § 2545; 9 Del. C. 1953, § 348; 55 Del. Laws, c. 85, § 3E; 57 Del. Laws, c. 762, § 2L.) § 309. Ambulance, fire protection and police services; appropriations. (a) The county governments of Kent County, of New Castle County and of Sussex County may appropriate annually the sum of $750 to each fire company in their respective counties outside the limits of the City of Wilmington furnishing an ambulance for the benefit of the residents thereof. The sum appropriated shall be used for the maintenance of ambulance service. (b) Where an area of real property owned by a county is bounded by a wall, fence or other structure which has gates or other lockable entrances, the county shall notify those public agencies within the county which provide ambulance, fire and police services of the location of such gates and entrances. A key to each such enclosed area shall be provided by the county to the ambulance service, fire company and police department which are closest to the enclosed area. For purposes of this subsection, the words “real property” shall include all unimproved land only and shall not include buildings. (Code 1935, c. 43; 42 Del. Laws, c. 104, § 1; 9 Del. C. 1953, § 349; 50 Del. Laws, c. 54, § 1; 55 Del. Laws, c. 85, § 3D; 57 Del. Laws, c. 762, § 2H; 63 Del. Laws, c. 166, §§ 1, 2.) § 310. Parking spaces for use by persons with disabilities. (a) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances regarding the duty of individuals and artificial entities to construct and maintain accessible parking spaces consistent with § 4183A of Title 21. (b) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances requiring that no new accessible parking space be constructed and no existing accessible parking space be installed, restriped, repainted, resurfaced, or otherwise altered until the county government or municipality issues a
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permit as required by § 4183A of Title 21. Upon completion, the entity issuing the permit shall confirm compliance as set forth in § 4183A(d) of Title 21. (c) The regulations or ordinances adopted pursuant to subsections (a) and (b) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to obtain a permit and to construct and maintain accessible parking spaces, but has failed to do so, consistent with the obligations under § 4183A of Title 21. (d) To comply with this section, a municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality’s adopted regulations or ordinances may not be less restrictive than those of the county. (74 Del. Laws, c. 114, § 1; 85 Del. Laws, c. 225, § 4.) § 311. Insurance and workmen’s compensation for county employees. (a) The county governments of Kent County, of New Castle County and of Sussex County may enter into contracts with some reliable insurance company or companies doing business in the State to insure the employees or appointed officers of the counties against injury or death incurred by such employees or appointed officers while performing their duties as employees or appointed officers of the counties. (b) The county governments of Kent County, of New Castle County and of Sussex County may at any time elect to be bound by the compensatory provisions of the Delaware Workmen’s Compensation Laws, and the county governments shall be the sole judges of the kind of insurance and the amount thereof which will best execute the purposes and provisions of this section. (36 Del. Laws, c. 118; 37 Del. Laws, c. 100; Code 1935, § 1253; 9 Del. C. 1953, § 351; 55 Del. Laws, c. 85, § 3K; 57 Del. Laws, c. 762, § 2N.) § 312. Continuance of system of personnel administration. If any county government has adopted or shall adopt a system of personnel administration based on individual merit, said system shall be regarded as repealing any provisions of this title which may be inconsistent therewith. (9 Del. C. 1953, § 352; 56 Del. Laws, c. 471; 57 Del. Laws, c. 762, § 2O.) § 313. Use of mobile homes on farms. Every owner of a farm of less than 50 acres shall be permitted to have 1 mobile home located on said farm and every owner of a farm of 50 acres or more shall be permitted to have 2 mobile homes located on said farm. Such mobile homes shall be used and inhabited by any person or persons so permitted by the owner. (9 Del. C. 1953, § 353; 57 Del. Laws, c. 465; 60 Del. Laws, c. 134, § 1; 60 Del. Laws, c. 672, § 1.) § 314. Award of contracts for public work or goods. (a) No elected official of the county governing body shall vote for or consent to the doing of any work and labor for any county or county government, or vote for or consent to the furnishing, having or using by or for the account of any county or county government of any merchandise, tools, implements, machinery or materials whatsoever, where the cost in any particular case will probably exceed the contracting thresholds set forth by Delaware’s Contracting and Purchasing Advisory Council pursuant to § 6913(d)(4) of Title 29 or otherwise set forth by state law, whether the work, labor, merchandise, tools, implements, machinery or materials shall be required for new work or for repairs upon old work, unless and until the county government shall publicly invite sealed proposals for the doing of such work and furnishing of such merchandise, tools, implements, machinery and materials, and give the contract resulting therefrom and therefor to the lowest responsible bidder or bidders. (b) Bids so obtained shall be opened publicly in the presence of bidders, or their representatives, who may desire to attend. (c) The county government may require of such bidder or bidders security for the faithful performance of the contract. (d) Notwithstanding this section or any other law, each county government may contract for engineering, legal or other professional services requiring special skills or training without requesting competitive bids and without awarding such contract to the lowest bidder. (e) This section shall not apply to the purchase of printed matter for public libraries. Printed matter shall be defined, for purposes of this section, as materials typically made available to the public by public libraries and shall include, but not be limited to, books and magazines. (f) [Repealed.] (g) Notwithstanding this section or any other law, each county government has the same power and authority with respect to sole source procurement, emergency needs, contract performance, multiple source contracting granted to the State under Chapter 69 of Title 29. (21 Del. Laws, c. 22, § 8; 22 Del. Laws, c. 273, § 5; 26 Del. Laws, c. 83, § 3; Code 1915, §§ 1025, 1048; Code 1935, §§ 1160, 1227; 46 Del. Laws, c. 130, § 1; 9 Del. C. 1953, § 371; 55 Del. Laws, c. 85, § 3G; 57 Del. Laws, c. 762, § 2P; 58 Del. Laws, c. 463; 59 Del. Laws, c. 11, § 1; 62 Del. Laws, c. 16, § 1; 63 Del. Laws, c. 45, § 1; 63 Del. Laws, c. 153, §§ 1, 2; 64 Del. Laws, c. 174, §§ 1, 2; 71 Del. Laws, c. 401, § 3; 74 Del. Laws, c. 238, § 1; 77 Del. Laws, c. 68, § 1; 84 Del. Laws, c. 105, § 1.)
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§ 315. Records open to inspection. The accounts, records, documents, papers and writings which in anywise pertain or relate to the financial accounts of the counties shall be open to inspection by any taxpayer of the county in which such accounts, records, documents, papers and writings are located. (38 Del. Laws, c. 71, § 4; Code 1935, § 1257; 9 Del. C. 1953, § 376.)
§ 316. Fines and forfeitures payable to county; neglect to pay over; penalty. (a) All fines and forfeitures not especially otherwise appropriated shall belong to the county in which such fines or forfeitures may be imposed or incurred. (b) They shall be paid to the treasurer of the county or the director of finance by the officer collecting or chargeable with them. (c) If such officer neglects this duty for 3 months after the officer receives or becomes chargeable with any fine or forfeiture, the officer shall pay in addition to the amount thereof the interest at the rate of 20 percent per annum, to be computed from the time the fine or forfeiture was received or the officer became chargeable therewith. (d) The whole may be recovered in an action in the name of the State for the use of the county to which the same may belong. (16 Del. Laws, c. 310, § 1; Code 1915, § 1078; Code 1935, § 1244; 9 Del. C. 1953, § 377; 55 Del. Laws, c. 85, § 3H; 70 Del. Laws, c. 186, § 1.)
§ 317. Title to real estate owned by county. (a) Title to land acquired by a county shall be taken and held in the name of the county wherein the land is situated. Title to land held by a county as heretofore provided by this section is hereby changed to the name of the county. (b) Title to county land may be conveyed by the county pursuant to an ordinance, or a resolution where ordinances are not provided for, duly advertised and adopted by the county authorizing the conveyance of the specific land, irrespective of whether title was acquired as heretofore provided by this section. (26 Del. Laws, c. 255, §§ 1, 2; 27 Del. Laws, c. 4; Code 1915, § 1053; 31 Del. Laws, c. 13, § 12; Code 1935, § 1217; 9 Del. C. 1953, § 378; 59 Del. Laws, c. 366, § 1.)
§ 318. Legal proceedings. All suits, actions or proceedings brought by the government of Kent County, in and about the administration of the government of the county, shall be in the name of the government of Kent County. All such suits, actions or proceedings brought by the government of New Castle County or the government of Sussex County shall be brought in the name of the county in which such suit, action or proceedings arise. (Code 1915, § 1080B; 28 Del. Laws, c. 76, § 19; Code 1935, § 1200; 9 Del. C. 1953, § 379; 55 Del. Laws, c. 85, § 3I; 57 Del. Laws, c. 762, § 2Q.)
§ 319. Review of comprehensive plans. At least every 5 years a county shall review its adopted comprehensive plan to determine if its provisions are still relevant given changing conditions in the county or in the surrounding areas. The adopted comprehensive plan shall be revised, updated and amended as necessary, and re-adopted at least every 10 years. (78 Del. Laws, c. 129, § 4.)
§ 320. Property tax credits for individuals with disabilities. (a) The county government of New Castle County shall provide for an exemption to real property taxes for an individual with a disability as follows: (1) For an individual with a disability, an exemption that at least meets the exemption provided under § 14.06.303 of the New Castle County Code on August 30, 2017. (2) For an individual with a disability who became disabled as a result of service in and while in the service of any branch of the United States armed services, an additional exemption that at least meets the exemption provided under § 14.06.304 of the New Castle County Code on August 30, 2017. (b) The county government of Kent County shall provide for an exemption to real property taxes for an individual with a disability as follows: (1) For an individual with a disability, an exemption that at least meets the exemption provided under § 191-9 of the Kent County Code on August 30, 2017. (2) For an individual with a disability who incurred the disability as a result of and while in the service of any branch of the United States armed services, an additional exemption that at least meets the exemption provided under § 191-9 of the Kent County Code on August 30, 2017, for individuals who incurred their disability as a result of and while in the service of any branch of the United States armed services.
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(c) The county government of Sussex County shall provide for an exemption to real property taxes for an individual with a disability
that at least meets the exemption provided under § 103-1 of the Sussex County Code on August 30, 2017. (d) For an individual with a disability to qualify for an exemption to real property taxes under this section, the individual must meet the qualifications established by the county government from which the individual is seeking the exemption. (e) Each county government may increase or expand exemptions to real property taxes for an individual with a disability. (81 Del. Laws, c. 152, § 1.) § 321. Notice of violation; manufactured home community. If a county government finds a violation of a health or safety provision or requirement, adopted by the county government, in a manufactured home community, the county government must send a copy of the notice of the violation to all of the following: (1) The State Representatives and Senators in whose district the violation occurred. (2) The Department of Justice. (3) The Delaware Manufactured Home Relocation Authority. (83 Del. Laws, c. 341, § 8.) Subchapter II County Governments § 330. General powers and duties. (a) The county government of each county shall: (1) Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective counties; and (2) Have full and complete jurisdiction over all matters and things now or hereafter vested by law in the county governments of the respective counties, or in, or appertaining to, the office of the county governing officials of each county; and (3) Have and exercise every power, privilege, right and duty which belongs and appertains to the county governments of the respective counties, or to the office of the county governing officials of the county; and (4) Have the power and authority to impose and collect by ordinance a tax upon the transfer of real property situate within unincorporated areas of the county, subject to the conditions and limitations provided in § 8102 of this title. (b) The county governments of the several counties shall take care that: (1) The affairs of the respective counties are administered with efficiency and economy; and (2) The officers and employees of the counties, chosen and appointed by the county governments, shall faithfully perform the duties imposed upon them. (c) The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code. (d) Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or county buildings shall require that all areas where possession is restricted are clearly identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the county government shall not prevent the following in county buildings or police stations: (1) Possession of firearms, components of firearms, and ammunition or explosives by law-enforcement officers; (2) Law-enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives; (3) Law-enforcement agencies conducting firearms safety and training programs; (4) Law-enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings; (5) Compliance by persons subject to protection from abuse court orders; (6) Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others; (7) Officers or employees of the United States duly authorized to carry a concealed firearm;
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(8) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect
moneys, valuables and other property and are engaged in the lawful execution of such duties.
(e) For the purposes of this section, “county building” means a building where a county government entity meets in its official capacity
or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a county-owned or -leased building, such building shall be considered a county building for the purposes of this section only during the time such government entity is meeting in or occupying such a building. (22 Del. Laws, c. 54, § 5; Code 1915, §§ 1018, 1048; 28 Del. Laws, c. 76, § 4; 31 Del. Laws, c. 13, § 17; 40 Del. Laws, c. 126, § 6; Code 1935, §§ 1153, 1219, 1230; 9 Del. C. 1953, § 341; 65 Del. Laws, c. 133, § 2; 67 Del. Laws, c. 415, § 1; 80 Del. Laws, c. 166, § 1.) § 331. Tie vote in election; appointment by Governor. Should any 2 or more persons voted for as officials of the county governing body receive an equal and the highest number of votes cast at any election, the Superior Court, sitting as a board of canvass in the county in which the tie vote occurs, shall certify the fact to the Governor who shall forthwith appoint 1 of the candidates involved in the tie to be 1 of the county governing officials for the county. The person appointed shall hold the office for the term of 2 years from the first Tuesday in January then next ensuing. (21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 5; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1018, 1040, 1049; 28 Del. Laws, c. 76, § 6; 31 Del. Laws, c. 13, § 5; 40 Del. Laws, c. 126, § 6; Code 1935, §§ 1152, 1186, 1196; 9 Del. C. 1953, § 307.) § 332. Traveling expenses [Repealed]. (33 Del. Laws, c. 72, § 3; Code 1935, § 1154; 9 Del. C. 1953, § 310; 71 Del. Laws, c. 401, § 4; repealed by 78 Del. Laws, c. 249, § 1, eff. June 5, 2012.) § 333. Oath of office. The oath or affirmation of office to be taken by an elected official of the county governing body may be administered by the clerk of the peace or any such elected official and an entry thereof shall be made in the minutes of the county governing body. (Code 1852, § 65; Code 1915, §§ 1047, 1055; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7; Code 1935, § 1223; 9 Del. C. 1953, § 311.) § 334. Organization meeting; election of president. (a) The governing bodies of the respective counties shall meet for organization on the first Tuesday in January following the biennial general election, or on the date specified by ordinance in the respective county. (b) After taking the oath of office prescribed by the Constitution, each governing body shall elect 1 of its members to be president. In New Castle County the President of County Council shall be elected by a county wide ballot. (21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 3; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1015, 1038, 1047; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7; 40 Del. Laws, c. 126, § 3; Code 1935, §§ 1149, 1188, 1198; 9 Del. C. 1953, § 312; 71 Del. Laws, c. 401, §§ 5, 6.) § 335. Regular meetings [Repealed]. Repealed by 65 Del. Laws, c. 450, § 1, effective July 8, 1986. § 336. Special meetings. (a) Special meetings of any governing body may be held at the direction of its president or any 2 members. (b) The clerk of the peace shall notify each elected official of a county governing body of any special meeting. In New Castle County the Clerk of Council shall notify all members of County Council of any special meeting. (c) Special meetings shall be held at the usual place of meeting. Any lawful business may be transacted at a special meeting. In New Castle County special meetings may be held at any public location in New Castle County in accordance with Council rules. (Code 1852, § 69; 16 Del. Laws, c. 315, § 1; Code 1915, §§ 1016, 1047, 1057; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7; 40 Del. Laws, c. 126, § 4; Code 1935, §§ 1150, 1222; 9 Del. C. 1953, § 314; 71 Del. Laws, c. 401, §§ 7, 8.) § 337. Quorum [Repealed]. Repealed by 65 Del. Laws, c. 450, § 2, effective July 8, 1986. § 338. Adjournment. Any governing body may adjourn from time to time as occasion shall require. If only 1 elected official attends at the time fixed for a meeting of the governing body, that elected official may adjourn the governing body. If no elected official attends, the clerk of the peace may adjourn the governing body. (Code 1915, §§ 1016, 1047, 1057; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7; 40 Del. Laws, c. 126, § 4; Code 1935, §§ 1150, 1220; 9 Del. C. 1953, § 316.)
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§ 339. Rules. The governing body of each county may make rules for its government not inconsistent with the Constitution and laws of the State. (21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 3; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1015, 1038, 1047; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7; 40 Del. Laws, c. 126, § 3; Code 1935, §§ 1149, 1188, 1198; 9 Del. C. 1953, § 317.) § 340. Attorneys for governing body. The governing body in each county may employ legal counsel. (Code 1915, § 1054; Code 1935, § 1218; 9 Del. C. 1953, § 318.) § 341. Bailiffs to governing body; constables. The governing body in each county may select and require 2 constables of the county to attend its sittings, as bailiffs, who shall attend the same and obey all the reasonable requirements of the governing body under penalty of $10, to be recovered by indictment. (Code 1852, § 107; Code 1915, § 1073; Code 1935, § 1229; 9 Del. C. 1953, § 319.) § 342. Fiscal year for counties and county agencies. (a) The fiscal year of the governing body of each county shall begin on July 1 of each calendar year and end on June 30 of the succeeding calendar year. (b) All county departments, bureaus, divisions, offices, boards, commissions, and other agencies, supported entirely or in part by the governing body of any county, shall have the same fiscal year as that of the governing body. (45 Del. Laws, c. 119, §§ 1, 2; 9 Del. C. 1953, § 320.) § 343. Form of accounts and warrants. The governing bodies may prescribe the form in which the several accounts to be rendered to them, shall be drawn and verified, and shall have power to determine the form of all warrants to be drawn in payment of demands. (Code 1852, § 106; Code 1915, § 1072; Code 1915, § 1052A; 28 Del. Laws, c. 76, § 9; 31 Del. Laws, c. 13, § 26; Code 1935, § 1225; 9 Del. C. 1953, § 372.) § 344. Rejection and forfeiture of assigned claims. If it appears to the governing body that any demand presented to it for allowance has been assigned or contracted for, the governing body shall reject it and the same shall be forfeited. (Code 1852, § 117; Code 1915, § 1077; Code 1935, § 1243; 9 Del. C. 1953, § 373.) § 345. Dealing in county warrants by elected officials. No elected official of a county governing body shall directly or indirectly cash, buy up, purchase or redeem any county warrant drawn in favor of any other person. (22 Del. Laws, c. 273, § 4; Code 1915, § 1024; 28 Del. Laws, c. 76, § 9; 31 Del. Laws, c. 13, § 19; Code 1935, § 1221; 9 Del. C. 1953, § 374.) § 346. Gifts or rebates; penalty. Whoever, by special contract or otherwise, does or performs any work, labor or service of any kind for, or furnishes any merchandise, goods, printing, tools, implements, machinery or materials of any kind or description, to or for the use of any county or the governing body of any county or any elected official of any governing body in his or her official capacity, and directly or indirectly to any elected official of any county or to any other person whomsoever, gives, conveys, allows, offers or tenders any rebate, commission, profit, gift, emolument, rake-off or any pecuniary benefit whatsoever from the price of or on account or because of the doing or performing of such work, labor or service for any county, governing body or elected official thereof, or from the price of or on account or because of the furnishing of merchandise, goods, printing, tools, implements, machinery or materials of any kind or description to or for the use of any county, governing body or elected official thereof, shall be fined in such amount as is determined by the governing body, but not less than 3 times the amount of the price charged by the offending person for the work, labor, service, merchandise, goods, printing, tools, implements, machinery or materials so done or furnished by the offending person, and also shall be adjudged, deemed and held incapable of thereafter performing any service, or furnishing any material or merchandise whatsoever to, for or for the use of the counties, governing bodies or any elected official thereof, forever. (22 Del. Laws, c. 273, § 7; Code 1915, §§ 1027, 1052A; 28 Del. Laws, c. 76, § 9; Code 1935, § 1228; 9 Del. C. 1953, § 375; 70 Del. Laws, c. 186, § 1.) § 347. Investigation; power to compel attendance of witnesses and to administer oaths. (a) The county government may summon and compel the attendance of any witnesses deemed necessary by the elected officials of the county governing body to give information relative to their duties.
Page 9 Title 9 - Counties
(b) Any such elected official may administer oaths or affirmations to witnesses appearing before the governing body.
(Code 1915, § 1073; 28 Del. Laws, c. 76, § 4; 31 Del. Laws, c. 13, § 17; Code 1935, §§ 1229, 1230; 9 Del. C. 1953, § 342.)
§ 348. Annual audit; qualifications and selection of auditors. (a) The county government shall procure the services of 1 or more certified public accountants to audit the accounts of the county at the end of its fiscal year. (b) Every certified public accountant employed under subsection (a) of this section shall be certified under the laws of Delaware or under the laws of some state having substantially the same qualifications for the certification of public accountants as are required by the laws of Delaware. The county government shall contract with a certified public accountant or certified public accountants, after first giving notice by newspaper advertisement or otherwise of the contemplated employment, and shall thereafter select the lowest responsible bidder for the purpose of carrying out the requ
24 Del. C. § 2900
(a) The primary objective of the Delaware Real Estate Commission, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
(b) The secondary objectives of the Commission are to maintain minimum standards of licensee competency and to maintain certain standards in the delivery of services to the public.
(c) In meeting its objectives, the Commission shall develop standards assuring professional competence; shall monitor complaints brought against licensees regulated by the Commission; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensees and nonlicensees engaged in the practice of providing real estate services.
24 Del. C. § 2901
(a) No person shall engage in the practice of providing real estate services or hold himself or herself out to the public in this State as being qualified to practice the same; or use in connection with that person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice real estate services, unless such person has been duly licensed under this chapter.
(b) Any person engaging in the practice of providing real estate services in this State without the proper licensure shall be in violation of this chapter and shall be subject to the provisions of § 10161 of Title 29.
(c) No brokerage organization, corporation, partnership or other business entity shall be licensed under this chapter. Nothing in this chapter, however, shall prevent such brokerage organization from providing real estate services provided the individual or business entity has a broker who is responsible for providing real estate services and who may have affiliated associate brokers or salespersons, properly licensed in this State, who provide such services under the supervision of the broker.
(d) No person shall directly or indirectly provide real estate services through a licensee of the State without having a license in this State.
(e) This chapter shall not apply to:
(1) Any person or a subsidiary or division thereof with common ownership or control who, as owner or lessor or buyer or lessee, performs any of the acts enumerated in this section with reference to property owned, purchased or leased by such person or a subsidiary or division thereof with common ownership or control or to the regular employee of such person, with respect to the property so owned, purchased or leased, where such acts are performed in the regular course of or as an incident to the management of such property and the investment therein; or
(2) Persons acting as attorney in fact under a duly executed power of attorney from a person engaged in a real estate transaction authorizing the final consummation by performance of any agreement of sale, leasing or exchange of real estate.
(3) This chapter shall not be construed to include in any way the services rendered by an attorney-at-law, nor shall it be held to include, while acting as such, the receiver, trustee in bankruptcy, administrator or executor, or any person selling real estate under order of any court, or a trustee acting under a trust agreement, deed of trust or will, or the regular salaried employee thereof.
(4) An “auctioneer” as defined in § 2301(a)(3) of Title 30.
(5) A provider of property management services as defined in § 2902 of this title excepting that a provider of property management services shall not directly or indirectly sell or offer to sell, buy or offer to buy, negotiate the purchase, sale, or exchange of real estate, lease or rent or offer for lease or rent any real estate, or negotiate leases or rental agreements thereof or of the improvements thereon for others.
24 Del. C. § 2902
(a) As used in this chapter:
(1) “Associate broker” means any individual who holds an associate broker license from the Commission and who is licensed under a broker to sell or offer to sell, or to buy or to offer to buy, or to negotiate the purchase, sale, or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others.
(2) “Broker” means any individual who holds a broker license from the Commission and who for a compensation or valuable consideration, is self-employed or is employed directly or indirectly by a brokerage organization to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others. The broker is responsible for providing real estate services and is primarily responsible for the day to day management and supervision of a brokerage organization as it relates to this chapter.
(3) “Brokerage organization” means that individual or business entity which is not licensed but is acting as a broker under § 2901(c) of this title and is the trade name under which the broker operates. The individual or business entity shall have a broker licensed under this chapter.
(4) “Client” means a member of the public who is the principal in the statutory or common law agency relationship.
(5) “Commission” means the Delaware Real Estate Commission.
(6) “Competitive market analysis” or “CMA” means a service provided by a licensee for the purpose of providing either a potential listing price or use or a potential offering price or use in a real estate services transaction. In this method, licensees compare properties whose characteristics are similar in location, style, size and amenities to provide an estimated market price or a potential use for a target property or area. The CMA usually consists of an evaluation of similar properties that have recently sold, are currently under agreement to sell and are currently listed or offered for sale. A CMA may also be referred to as a comparative market analysis, a comparable market analysis, a broker price opinion or broker’s market analysis. A CMA is not an appraisal.
(7) “Consumer information statement” or “CIS” means the disclosure form required by § 2938 of this title.
(8) “Conviction” means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court.
(9) “Customer” means a member of the general public working with a licensee as a potential buyer, seller, exchangor, exchangee, tenant, or landlord of real property or is consulting with a licensee in 1 of these capacities for the purpose of entering into a brokerage agreement or transaction, but who has not yet entered into a statutory or common law agency relationship with a licensee. A customer is sometimes referred to as a prospect.
(10) “Designated agent” means a licensee appointed by the broker working with a customer or client as a statutory agent.
(11) “Designated on-site supervisor” means a licensee who has at least 5 years of continuous real estate services experience and who has been appointed as the full-time supervisor of a branch office by the broker.
(12) “Division” means the Delaware Division of Professional Regulation.
(13) “Dual agent” means a salesperson, associate broker, broker and/or brokerage organization which represents both buyer and seller or tenant and landlord as clients in a real estate services transaction.
(14) “Escrow account” means a separate account established by the brokerage organization used solely for moneys in which a broker’s customers or clients have an interest in accordance with the terms of a real estate services transaction.
(15) “Licensee” means an individual licensed under this chapter as a broker, associate broker or salesperson without implying what legal relationship they have with a customer or client.
(16) “Ministerial task” means a task that does not involve discretion or the exercise of the licensee’s own judgment, for example:
a. Performing tasks for a client or customer according to the brokerage agreement or other form of consent before or after the signing of an agreement of sale or lease such as arranging an inspection; or
b. Assisting other persons to perform their part of the transaction such as providing information to the mortgage lender.
(17) “Person” means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities.
(18) “Property management services” means those actions taken for others, pursuant to an agreement, in exchange for a fee, commission, compensation or other valuable consideration which include the supervision and the administration of the physical maintenance and/or the financial matters of real property. These supervision services may include assisting the owner in decisions in the selection of tenants, budgeting for the operation of property or properties, collecting of rent or rents, or maintaining security deposits.
(19) “Psychologically impacted” and “psychological impacts” mean that the property was, or was at any time suspected to have been the site of a homicide, suicide or other felony except arson or that an occupant of real property is or was at any time suspected to be infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place.
(20) “Real estate service provider” means a licensee who is providing real estate services.
(21) “Real estate services” means those activities performed by a licensee as defined in this chapter. As promulgated under the rules and regulations, real estate services shall also include the marketing and advertising of properties for sale or lease.
(22) “Rules and regulations” mean those rules and regulations as promulgated by the Commission.
(23) “Salesperson” means any individual who holds a salesperson license from the Commission and who is licensed under a broker to sell or offer to sell, or to buy or to offer to buy, or to negotiate the purchase, sale, auction or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others.
(24) “State” means the State of Delaware.
(25) “Statutory agent” or “agent” means a licensee functioning as a party in an agency relationship created according to subchapter II of this chapter as an independent contractor and not as a fiduciary. The agent offers real estate services to the public to make a market in real estate by bringing buyer and seller, or landlord and tenant together for the transaction and assisting the parties with advice and negotiations, and performing ministerial tasks to complete the transaction. Every licensee shall be presumed to be a statutory agent and may refer to themselves as agent or statutory agent unless specifically identified as a common law agent in their brokerage agreement.
(26) “Substantially related” means the nature of the criminal conduct, for which the individual was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of providing real estate services.
(b) In applying this chapter to leasing transactions, the word “landlord” may be substituted for “seller”, the word “tenant” may be substituted for “buyer”, and the word “lease” may be substituted for “agreement of sale” where applicable. The terms “rental agreement” and “lease” may be used interchangeably.
24 Del. C. § 2903
(a) There is created the Delaware Real Estate Commission, which shall administer and enforce this chapter.
(b) The Commission shall consist of 9 members appointed by the Governor: 5 professional members, 3 of whom shall be licensed brokers, 1 associate broker, and 1 salesperson; and 4 public members. All members shall have been residents of the State for at least 5 years immediately prior to such appointment.
(1) Three of the professional members shall be brokers: 1 shall be a resident of New Castle County; 1 shall be a resident of Kent County; and 1 shall be a resident of Sussex County. Broker members of the Commission shall have been active licensees for at least 5 years immediately prior to their appointment.
(2) One of the professional members shall be an associate broker. The associate broker member shall have been an active licensee for at least 5 years immediately prior to that associate broker’s appointment.
(3) One of the professional members shall be a salesperson. The salesperson member shall have been an active licensee for at least 4 years immediately prior to that salesperson’s appointment.
(4) Of the 4 public members, 1 public member shall be from each county and 1 public member shall be from the City of Wilmington. To serve on the Commission, a public member shall not be, nor have been within the last 8 years prior to the effective date of appointment, a licensee, nor a member of the immediate family of a licensee; shall not be, nor have been with the last 8 years prior to the effective date of appointment, employed by a broker or brokerage organization; shall not have had a financial interest in the providing of goods and services to a licensee; and shall not be, nor have been within the last 8 years prior to the effective date of appointment, engaged in an activity directly related to providing real estate services.
(c) Each member shall serve for a term of 3 years, unless otherwise specified in this chapter; and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Commission shall hold office for the remainder of the unexpired term of the former member.
(d) No member, while serving on the Commission, shall be a president, president-elect, vice-president, secretary, treasurer, director or other elected official of a professional association for real estate service providers.
(e) Any act or vote by a member appointed in violation of subsection (b) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (b) of this section, unless such amendment or revision amends this section to permit such an appointment.
(f) A member of the Commission shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetence or neglect of duty or for unprofessional or dishonorable conduct. A member subject to disciplinary hearing shall be disqualified from Commission business until the charge is adjudicated or the matter is otherwise concluded. A Commission member may appeal any suspension or removal to the Superior Court.
(g) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least 1/2 of all regular business meetings during any calendar year shall be guilty of neglect of duty.
(h) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Commission and to all agents appointed, or otherwise employed by the Commission.
(i) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.
24 Del. C. § 2906
(a) The Commission shall have the authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act, Chapter 101 of Title 29. Each rule or regulation shall implement or clarify a specific section of this chapter.
(2) Approve the forms to be used under this chapter or as directed by other statutory provisions.
(3) Establish the qualifications for licensure and evaluate the credentials of all applicants for a license to practice real estate services, in order to determine whether such applicants meet the qualifications set forth in this chapter.
(4) Grant licenses to, and renew licenses of, all individuals who meet the qualifications for licensure and renewal.
(5) Establish and administer the criteria and standards by rule and regulation for instructors, schools of real estate and course providers.
(6) Establish by rule and regulation prelicensing and continuing education standards required for licensure and license renewal.
(7) Perform random audits of continuing education credits submitted by licensees for license renewal.
(8) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction to practice real estate services has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.
(9) Refer all complaints from licensees and the general public concerning individuals licensed in this chapter or concerning practices of the Commission or of the profession, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Commission to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.
(10) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.
(11) Designate and impose the appropriate sanction or penalty where it has been determined after a hearing that penalties or sanctions should be imposed.
(12) Order compensation from the Real Estate Guaranty Fund, when, after a hearing, the Commission finds in favor of an aggrieved party, pursuant to § 2922 of this title.
(13) Issue cease and desist orders and impose fines for unlicensed practice, as specified in the rules and regulations and in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) The Division shall contract with a nationally recognized testing service for the preparation and grading of a written examination for the licensing of real estate service providers. The Commission may appoint a committee to review the written examination to establish its relevancy and accuracy for licensure in this State.
(c) The Commission shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of providing real estate services.
24 Del. C. § 2907
(a) All applicants shall meet the following conditions:
(1) Shall be competent to transact real estate services by meeting the requirements of this section and the rules and regulations;
(2) Shall not have been the recipient of any administrative penalties regarding real estate services, in this or any other jurisdiction, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a licensing commission or board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. Notwithstanding the foregoing, the Commission, after a hearing, may determine whether such administrative penalty is grounds to deny licensure.
(3) Shall not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake that applicant’s practice in a manner consistent with the safety of the public.
(4) May not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of providing real estate services. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the conviction or charge directly to the Commission. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Commission determines that granting a waiver would not create an unreasonable risk to public safety, the Commission, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(4).
a.-d. [Repealed.]
(b) Salesperson. — An applicant who is applying for licensure as a salesperson under this chapter shall submit evidence, verified by oath and satisfactory to the Commission, that such applicant:
(1) Meets the requirements of subsection (a) of this section.
(2) Is at least 18 years of age.
(3) Has successfully completed a prescribed prelicensing course of instruction including real estate principles and practices and Delaware real estate law.
(4) Has passed a uniform national and state examination for salespersons, as is contractually arranged for, with a nationally recognized independent testing service, by the Division; and
(5) Has provided such information as may be required on an application form designed and furnished by the Commission with the approval of the Division. No application form shall require information relating to citizenship, place of birth or length of state residency; nor require personal references.
(c) Associate broker. — An applicant who is applying for licensure as an associate broker under this chapter shall submit evidence, verified by oath and satisfactory to the Commission, that such applicant:
(1) Meets the requirements of subsection (a) of this section.
(2) Is at least 23 years of age.
(3) Has the experience requirements as specified under the rules and regulations.
(4) Has the financial prerequisites set forth in the rules and regulations.
(5) Has successfully completed a prescribed prelicensing course of instruction for brokers including real estate principles and practices and Delaware real estate law.
(6) Has passed a uniform national and state examination for brokers, as is contractually arranged for, with a nationally recognized independent testing service, by the Division; and
(7) Has provided such information as may be required on an application form designed and furnished by the Commission with the approval of the Division. No application form shall require a picture of the applicant; require information relating to citizenship, place of birth or length of State residency; nor require personal references.
(d) Broker. — In addition to the requirements of subsection (c) of this section, an applicant who is applying for licensure as a broker under this chapter shall submit verification of the applicant’s responsibility for the day to day management and supervision of a brokerage organization and meet the experience and education requirements as defined in the rules and regulations.
(e) Where the Commission has found to its satisfaction that an applicant has been intentionally fraudulent or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(f) Where the applicant has been refused or rejected and such applicant feels that the Commission has acted without justification; has imposed higher or different standards than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(g) Every application for a license under this chapter shall be accompanied by the fee prescribed by § 2908 of this title and payment of a Guaranty Fund fee.
24 Del. C. § 2909
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Commission, and subject to the further requirements set forth in this section, the Commission shall grant a license to an applicant who shall present proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States and the license shall be in “good standing” as defined in § 2907(a)(2), (3) and (4) of this title.
(b) A salesperson applicant shall also meet one of the following criteria:
(1) Presents proof of at least 3 years of continuous licensure, preceding the date of application, in another state, District of Columbia or territory of the United States and completion of real estate services transactions during those 3 years as specified in the rules and regulations; and has passed the state portion of the Delaware licensing examination; or
(2) Has successfully completed the Delaware law portion of the prelicensing course and passed the state portion of the Delaware licensing examination; or
(3) Has successfully completed the equivalent of the prescribed prelicensing education for the State in the other state, the District of Columbia, or territory of the United States and has passed the state portion of the Delaware licensing examination.
(c) An associate broker applicant shall, in addition to the requirements set forth in subsection (a) of this section, meet the following requirements:
(1) Shall be at least 23 years of age.
(2) Has the experience requirements as specified under the rules and regulations; and
(3) Has the financial prerequisites set forth in the rules and regulations; and
(4) Has passed the state portion of the examination for brokers.
(d) An applicant for a broker’s license shall meet the requirements set forth in subsection (c) of this section, shall submit verification of his or her responsibility for the day to day management and supervision of a brokerage organization, and shall meet the experience and education requirements as defined in the rules and regulations.
(e) In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved. Applicants for licensure in this State shall be deemed to have given consent to the release of information pertaining to the disciplinary proceeding or unresolved complaint and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject.
(f) Every applicant who is applying for licensure in an office located outside of this State, prior to being licensed, shall give irrevocable consent that legal action may be commenced against the applicant in the proper court of any county of this State in which a cause of action may arise or in which the plaintiff may reside, by service of any process or pleading authorized by the laws of this State upon any member of the Commission. In case any processes or pleadings are served upon any member of the Commission, a copy thereof shall be immediately forwarded by certified or registered mail to the main office of the licensee against which process or pleadings are directed.
24 Del. C. § 2910
(a) The Commission shall issue a license to each applicant who meets the requirements of this chapter for licensure as a real estate service provider and who pays the fees prescribed by the Division.
(b) A licensee may obtain an additional license and become affiliated with an additional broker if the licensee:
(1) Obtains, from an additional broker, a written commitment providing that the licensee shall become affiliated with the broker on the granting of an additional license to the licensee;
(2) Gives each broker with whom the licensee is currently affiliated written notice that the licensee intends to affiliate with an additional broker;
(3) Obtains from the broker with whom the licensee is currently affiliated, and from the additional broker, written approval of the licensee’s intent to affiliate with an additional broker; and
(4) Complies with the application procedures applicable to additional licenses set forth in the rules and regulations.
(c) On or before the biennial date established by the Division, each licensee shall make application to the Commission for a renewal of license and make payment of the fees prescribed by the Division. The renewal application shall be made online, pursuant to the Commission’s rules and regulations.
(d) In addition to the other provisions of this section, each licensee applying for renewal shall be required to successfully complete in the 2-year period prior to the established renewal date continuing education hours in an amount and subject matter as prescribed by the rules and regulations of the Commission. Each licensee at the time of license renewal shall be required to certify to the Commission that he or she has completed the required number of hours in approved courses, seminars and lectures. The Commission shall publish guidelines as to acceptable courses of instruction, seminars and lectures, and shall keep the guidelines current.
(e) At the time of renewal, each licensee shall disclose whether he or she has had any criminal convictions since the last license renewal.
(f) The Commission shall, in its rules and regulations, determine the period of time a licensee may still renew a license if the licensee has failed to renew on or before the established renewal date.
(g) An individual whose license has lapsed may apply to the Commission for reinstatement pursuant to the rules and regulations.
24 Del. C. § 2912
(a) A licensee shall be subject to disciplinary sanctions set forth in § 2914 of this title if after a hearing, the Commission finds that the licensee:
(1) Has made any substantial misrepresentation; or
(2) Has made any false promise of a character likely to influence, persuade or induce; or
(3) Has pursued a continued and flagrant course of misrepresentation or the making of false promises through licensees or advertising or otherwise; or
(4) Has failed, within a reasonable time, to account for or to remit any money coming into the licensee’s possession which belongs to others; or
(5) Has illegally practiced real estate services; or
(6) Has incompetently or negligently practiced real estate services in such manner as to not safeguard the interest of the public; or
(7) Has paid a commission or valuable consideration to any person for acts or services performed in violation of this chapter; or
(8) Has assisted a person in providing real estate services who does not hold a license to provide real estate services in this State.
(9) Has violated a provision of this chapter, any of the rules and regulations established thereunder, or any order of the Commission; or
(10) Has received or made an arrangement or agreement to receive, directly or indirectly, any form of valuable consideration for products or services relating to a real estate services transaction without prior written disclosure by the licensee to the customer or client of the licensee and the payor for the product or service; or
(11) Has misrepresented the availability of or the content of any statutorily required form such as the seller’s disclosure of real property condition report form and/or the radon disclosure as provided in Chapter 25 of Title 6; or
(12) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license or renew a license as a real estate service provider; has impersonated another individual holding a license, or has allowed another individual to use that licensee’s license, or has aided or abetted an individual not licensed as a real estate service provider to represent himself or herself as a real estate service provider; or
(13) Has been convicted of a crime that is substantially related to the practice of real estate services. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore; or
(14) Has had a license as a real estate service provider suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Commission by certified record and the Commission has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every individual licensed as a real estate service provider in this State shall be deemed to have given consent to the release of this information by the Commission or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses; or
(15) Has failed to notify the Commission that the licensee’s license as a real estate service provider in another jurisdiction has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.
(b) Any unlawful act or violation of this chapter by any real estate service provider, employee, partner, or associate of a licensed broker shall not be cause for the revocation of a license of any broker, unless it appears to the satisfaction of the Commission that such broker had knowledge thereof.
(c) The Commission may suspend or revoke any license issued under this chapter at any time where the licensee has been convicted in a court of competent jurisdiction of the crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or has had entered a plea of guilty or nolo contendere to any similar offense.
(d) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Commission, and no licensee’s right to practice real estate services shall be limited by the Commission until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(e) A licensee acting or providing service under an exemption as defined in § 2901 of this title and through the course of delivery of the exempted service is, after a hearing, found to be guilty of paragraphs (a)(1) through (11) of this section shall be subject to discipline pursuant to § 2914 of this title.
24 Del. C. § 2914
(a) The Commission may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 2912 of this title applies to a licensee:
(1) Issue a letter of reprimand;
(2) Place the licensee on probationary status and require the licensee to:
a. Report regularly to the Commission upon the matters which are the basis for the probation; and/or
b. Limit real estate services activities to those areas prescribed by the Commission.
(3) Impose a monetary penalty not to exceed $5,000 for each violation;
(4) Suspend any licensee’s license.
(5) Revoke or permanently revoke any licensee’s license.
(b) In addition to sanctions imposed under paragraphs (a)(1)-(4) of this section, the Commission may require a licensee to complete continuing education courses in subjects specified by the Commission in addition to those required for licensure renewal.
(c) The Commission may withdraw or reduce conditions of probation when it finds that deficiencies requiring such action have been remedied.
(d) Where the Commission has placed a licensee on probationary status under certain restrictions or conditions and the Commission has determined that such restrictions or conditions are being or have been violated by the licensee, it may, after a hearing on the matter, suspend or revoke the licensee’s license.
24 Del. C. § 2916
(a) Where a license has been suspended due to the disability of the licensee, the Commission may reinstate such license if, after a hearing, the Commission is satisfied that the licensee is able to practice real estate services with reasonable skill and safety.
(b) As a condition to reinstatement of a suspended license, or removal from probationary status, the Commission may reinstate such license if, after a hearing, the Commission is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(c) Individuals seeking reinstatement must pay the appropriate fees and submit documentation required by the Commission as evidence that all the conditions of a suspension and/or probation have been met. Proof that the licensee has met the continuing education requirements of this chapter may also be required, as appropriate.
(d) [Repealed.]
(e) An individual whose license has been revoked must apply as a new applicant pursuant to the rules and regulations.
24 Del. C. § 2917
The revocation of a broker’s license shall automatically suspend every real estate service provider’s license granted to any individual by virtue of employment either directly or indirectly by the broker whose license has been revoked, pending a change of employing broker or brokerage organization and the issuance of a new license. Such new license shall be issued without charge, if granted during the same licensure period in which the licensee’s original license was granted.
24 Del. C. § 2919
(a) The broker shall maintain an office approved by the Commission or by the state of licensure. Each office shall be under the direction and supervision of the broker. A broker applying for an office in the State of Delaware shall submit an application to the Commission for an office permit with the application fee established by the Division. A permit shall be issued only upon approval by the Commission.
(b) On or before the biennial date established by the Division, the broker shall submit an application to the Division for renewal of the office permit with the renewal fee established by the Division.
(c) The broker’s license shall include the address of the approved office.
(d) If the broker maintains more than one office, the broker shall apply for and obtain an additional broker’s license and office permit in the broker’s name for each branch office. A branch office permit shall be subject to the requirements set forth in subsections (a) and (b) of this section. The application for a branch office shall state the address of the branch office and the designated on-site supervisor. The designated on-site supervisor shall be a licensee with a minimum of 5 years of continuous real estate services experience, which shall be documented on the branch office application. The branch office, any licensees associated with the office and the designated on-site supervisor shall be under the direction and supervision of the broker.
(e) All brokers’ offices shall display a conspicuous sign on the outside of the office building as set forth in the Commission’s rules and regulations.
(f) Additional requirements for issuance of office permits may be set forth in the Commission’s rules and regulations.
24 Del. C. § 2920
Notice in writing shall be given to the Commission by the broker and include the names of each licensee included in any change of approved office location, whereupon the Commission shall issue a new license to each licensee for the unexpired period upon payment of the fee established by the Division.
24 Del. C. § 2921
(a) When any licensee is terminated by the broker or broker organization or voluntarily terminates, the broker shall immediately notify the Commission of such termination.
(1) Upon the broker terminating the licensee, the broker, at the time of the notification to the Commission, shall address a communication to the last known address of such licensee. The communication shall advise the licensee of the termination. A copy of the communication to the licensee shall accompany the notification to the Commission.
(2) No terminated licensee shall perform any real estate services or engage directly or indirectly in providing real estate services until the Commission, in its discretion, shall issue a new license showing a new broker and a new approved business location.
(b) Upon completion of a form as provided in the rules and regulations and payment of the prescribed fee, the Commission shall place any active licensee on an inactive status for an unlimited amount of time. A licensee may reactivate an inactive status license, subject to payment of the biennial registration fees, for such time as the license has been inactive, and upon submission of proof of fulfillment of continuing education requirements for each renewal period.
(c) A licensee may transfer his or her license from 1 broker to another upon completion of a form as provided in the rules and regulations and upon payment of the prescribed fee. The releasing broker must file a completed form with the Commission within 5 business days of obtaining a sponsoring broker and the transferring licensee’s signatures on the form.
24 Del. C. § 2922
(a) The Commission shall establish and maintain a Real Estate Guaranty Fund (hereinafter referred to as the “Fund”) from which, subject to this section, any person who obtains a final judgment against a licensee for loss or damage sustained by reason of theft or forgery (as defined in Title 11) or by reason of any fraud, misrepresentation or deceit by or on the part of any such licensee or any employee thereof who does not hold a license, may recover, after a hearing and on order of the Commission, compensation in an amount not exceeding in the aggregate the sum of $25,000 in connection with any 1 transaction or claim, regardless of the number of persons aggrieved or parcels of real estate involved in such transaction or claim.
(b) If the aggrieved person obtains a final judgment against a licensee for loss or damage sustained by reason of theft or forgery (as defined in Title 11) or by reason of fraud, misrepresentation or deceit by or on the part of such licensee or employee thereof who does not hold a license, such aggrieved person may file a verified claim with the Commission seeking an order directing payment from the Fund of any amount unpaid upon the judgment, subject to the limitations stated in subsection (a) of this section and this subsection. The verified claim shall be filed within 60 days after the final judgment has been obtained. The verified claim shall include a copy of the complaint, counterclaim or cross-claim, if any, a certified copy of the judgment and copies of any documentation relating to steps taken to collect on the judgment. The Commission shall proceed upon such claim in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show:
(1) That the aggrieved person is not a spouse of the judgment debtor or the personal representative of said spouse;
(2) That the aggrieved person has complied with all the requirements of this section;
(3) That the aggrieved person has obtained a final judgment as set out in this subsection, stating the amount thereof and the amount owing thereon at the date of the filing of the aggrieved person’s verified claim; and
(4) That the aggrieved person has fully pursued and exhausted all available remedies and taken all reasonable steps to collect the amount of the judgment, stating the total amount collected.
(c) If the Commission is satisfied that the aggrieved person has satisfied all the requirements of this section and is entitled to recover compensation from the Fund, it shall enter an order requiring payment from the Fund of whatever sum it shall find to be payable upon the claim, subject to the limitations of subsection (a) of this section. The Commission, in its discretion, may authorize payment of an amount from the Fund less than the claim made pursuant to this subsection.
(d) If the Commission pays from the Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee may be suspended or revoked by the Commission and, in the discretion of the Commission, such licensee shall be ineligible to receive a new license until the licensee has repaid in full, plus interest at the legal rate, the amount paid from the Fund on the licensee’s account. A discharge in bankruptcy shall not relieve a licensee from the penalties and disabilities provided in this subsection.
(e) If at any time the money on deposit in the Fund is insufficient to satisfy any duly authorized claim or portion thereof, the Commission shall, when sufficient money has been deposited in the Fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed pursuant to subsection (b) of this section, plus accumulated interest at the legal rate.
(f) Any person filing with the Commission any notice, statement or other document required under subsection (b) of this section which is false or untrue or contains any material misstatement of fact shall be fined not less than $500 nor more than $5,000.
(g) When, upon the order of the Commission or pursuant to a compromise, the Commission has caused to be paid from the Fund any sum to a judgment creditor, the Commission shall be subrogated to all of the rights of the judgment creditor up to the amount paid and the judgment creditor shall assign all of that judgment creditor’s right, title and interest in the judgment up to such amount paid by the Commission, and any sums recovered by the Commission on the judgment shall be deposited to the Fund.
(h) Each licensee shall pay a fee of $25 which shall be credited to the Fund; provided, that in no case shall any licensee be required to pay said fee of $25 more than once, unless assessed as provided in subsection (i) of this section.
(i) The Commission shall, at all times, maintain the Fund at a level in excess of $250,000, and to this intent all moneys received pursuant to subsection (g) of this section shall be credited to said Fund and held in a special account other than the General Fund prescribed by § 6102(a) of Title 29. Said account shall be an interest-bearing account and the interest accruing from the funds on deposit in the account shall be credited to the Commission to defray the costs of administering the Fund; for seminars within the State and for continuing education for licensees within the State; and to reimburse Commissioners, their administrative staff and legal counsel for expenses paid to attend meetings of the Association of Real Estate License Law Officials.
(j) If the balance of the Fund should fall below the $250,000 level, the Commission shall, at the next license renewal date, assess each licensee a pro rata fee in such amount that the Fund will be returned to the $250,000 level.
(k) Any person aggrieved by any action, decision, order or regulation of the Commission may appeal to the Superior Court.
24 Del. C. § 2923
(a) Every broker shall establish and maintain an escrow account or accounts in a federally insured banking institution which has offices within the State.
(1) Accounts shall be opened in the name of the brokerage organization and designated as an escrow account.
(2) The broker shall be a signatory on each such account.
(3) Except for the minimum balance required by the bank and money to cover bank fees, each account shall be used only for escrow deposits, earnest money deposits, rental money or other moneys in which broker’s customers or clients have an interest where such money is to be held by broker in accordance with the terms of a real estate services transaction.
(b) All escrow deposits, earnest money deposits, rental money or other moneys accepted by a licensee in accordance with the terms of a real estate services transaction shall be accounted for in full upon the signing of a written agreement by all parties and maintained through the consummation or termination of the real estate services transaction. All moneys held by broker shall be disbursed in accordance with the terms of the transaction unless otherwise agreed upon in writing by the parties to the transaction or ordered by a court.
(c) All escrow deposits accepted by a licensee in accordance with the terms of a real estate services transaction shall be accepted in the name of the brokerage organization unless the parties have agreed to a different third-party escrow agent.
(d) Every licensee, upon the signing of a written agreement by all parties to a real estate services transaction, shall promptly pay over the escrow deposit, earnest money deposit, rental money or other moneys as specified in the transaction. The broker shall deposit the moneys into the broker’s escrow account within 72 hours of the signing of the written agreement by all parties, or by the dates defined therein, excluding weekends and federal holidays.
(e) The broker shall have accessible at the broker’s approved place of business, all books, records, written agreements and other necessary documents to determine the adequacy of the escrow account or accounts. These accounts and records shall be opened to inspection or audit by the Commission and its duly authorized agents at the broker’s approved place of business during regular business hours.
24 Del. C. § 2924
A person not currently licensed under this chapter when guilty of engaging in the practice of providing real estate services, or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to provide real estate services, such offender shall be guilty of a misdemeanor. Upon the first offense, that person shall be fined not less than $500 nor more than $5,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $10,000 for each offense. The Justices of the Peace shall have jurisdiction over all violations of this section.
24 Del. C. § 2928
Entering a name and email address on an Internet or World Wide Web site is sufficient to establish a broker-consumer relationship for the use of that system, but does not in of itself create a broker-customer or client relationship for any other purpose. The broker may deliver the CIS by the Internet or World Wide Web and the customer may acknowledge receipt of it electronically. However, an exclusive business relationship or obligation for the customer or client to pay any compensation may only be created by a written brokerage agreement signed by the customer or client as a separate document. If the brokerage agreement is signed electronically it may not be part of a general consent to the terms of use of an Internet or World Wide Web site or other electronic device, but must be a conspicuous separate document.
24 Del. C. § 2930
(a) Written brokerage agreements. — Nothing in this chapter obligates a buyer, tenant, seller or landlord to pay compensation to a broker or brokerage organization unless that party has entered into a written brokerage agreement with the broker or brokerage organization specifying the compensation terms. The compensation agreement may specify that the licensee may cooperate with other licensees. Brokers or brokerage organizations may compensate other brokers or brokerage organizations participating in the transaction without further permission of the party. The source of compensation does not by itself determine brokerage relationships. If a brokerage agreement contemplated one type of transaction such as a sale, but then through the course of continuous negotiations the initial transaction changes to another type of transaction such as a lease, the broker is still entitled to compensation; however, if the initial transaction was a lease which later became a sale, the broker is not entitled to compensation unless the listing agreement, other compensation agreement, or lease provided for compensation for a later sale.
(b) Additional terms. — Nothing in this chapter shall prohibit consumers from entering into written brokerage agreements with a broker or brokerage organization which contain duties, obligations, or responsibilities which are in addition to those specified in this chapter.
(c) Different relationships permitted for different transactions or jurisdictions. — A licensee or brokerage organization may work with a single party in separate transactions pursuant to different brokerage relationships including but not limited to selling 1 property as a seller’s agent and working with that seller in buying another property as buyer’s agent, or seller’s sub-agent where permitted; provided, however, that the licensee or brokerage organization complies with this chapter in establishing the relationships for each transaction. A licensee who is licensed in another jurisdiction may function as a licensee for properties in that jurisdiction even if the brokerage relationship is different in that jurisdiction such as a “transaction broker”, without being considered that status in Delaware.
(d) Compensation to licensee or entity of licensee. — All compensation relating to a real estate services transaction to be paid to a licensee shall be paid through the broker or brokerage organization. The broker or brokerage organization may pay the licensee’s individual compensation to an entity created by the licensee to receive compensation providing the entity is either already approved by the Commission as a brokerage organization or the entity does not need to be approved because it does not engage in the brokerage business but is only established for business purposes to receive the licensee’s compensation. The licensee paid by the broker or brokerage organization may employ licensed or unlicensed staff or team members who shall be paid an hourly wage, salary, or commission according to their agreement with the employing licensee. Nothing in this chapter shall authorize unlicensed personal assistants, independent contractors, or employees to engage in real estate services activities which by statute or regulation of the Commission must be performed by a licensee.
24 Del. C. § 2931
A competitive market analysis is not an appraisal. A licensee may perform a competitive market analysis as part of providing real estate services. However, a licensee shall not perform a competitive market analysis for the mortgagee on a property that is the subject of a signed agreement of sale. A competitive market analysis as permitted under this chapter shall meet the following criteria:
(1) A competitive market analysis shall only be prepared for the following purposes:
a. An existing or potential seller or owner for the purpose of listing a property for sale or lease; or
b. An existing or potential buyer or tenant for the purpose of purchasing or leasing a property for sale or lease;
(2) The following disclosure shall appear in at least a 12-point bold face type font and located immediately following the estimated market price:
“Notwithstanding any language to the contrary contained herein, this Competitive Market Analysis is NOT an appraisal of the market value for property and is not intended to be used for any legal purpose including approval of a mortgage loan, modification of a mortgage loan, divorce/property separation, estate settlement, bankruptcy proceedings or any other purpose where real estate value is needed. If an appraisal is desired, the services of a licensed or certified appraiser must be obtained.”
(3) The competitive market analysis shall comply with the content requirements as provided in the rules and regulations.
24 Del. C. § 2932
(a) For transactions where the consumer hires a broker as a common law agent, and the broker agrees to become the consumer’s common law agent, the common law of agency applies to the extent it is not inconsistent with applicable provisions of this chapter.
(b) The duties of a licensee as a common law agent and corresponding liabilities of the client begin and terminate based upon the common law of agency.
(c) Common law agency disclosure. — (1) All licensees in a common law agency relationship must disclose, in writing, whom they represent. This disclosure shall be made to all parties to a transaction who the licensee does not represent but with whom the licensee has substantive contact, such as prospective sellers, lessors, buyers and lessees.
(2) This disclosure referenced in subsection (a) of this section shall be made at the first substantive contact between the licensee and the person the licensee does not represent. A listing broker who is not also the selling Broker and who has no substantive contact with the prospective buyer or lessee, need not make any agency disclosure to the prospective buyer or lessee.
(3) The Commission may adopt rules and regulations to prescribe the form of disclosure to be used by licensees or minimum criteria for the form of disclosure.
(4) Licensees shall not function in the capacity of a common law agent for transactions concerning a 1-to-4 family residential property unless they have established that relationship in writing and the policy of the broker is to represent only the seller or buyer as a single agent for each transaction and never as a dual agent.
24 Del. C. § 2933
(a) The common law of agency relative to brokerage relationships in real estate services transactions established pursuant to this chapter is expressly abrogated for any licensee functioning as a broker, associate broker, or salesperson, licensee owner, or brokerage organization as defined in this chapter as a statutory agent. The remainder of this subchapter is intended to occupy completely the field of law relative to brokerage relationships for those real estate services transactions with the licensee or licensee’s functioning as statutory agents. For those areas where the public, licensees, regulators, or courts need further guidance as to the conduct of statutory agents, customers and clients, the law governing independent contractor relationships shall apply to the extent it is not inconsistent with the provisions of this chapter.
(b) Statutory interpretation. — Performing the functions of a statutory agent as described in this chapter and the rules and regulations of the Commission shall not be construed to automatically or by implication create a common law agency relationship. This section through § 2938 of this title shall be construed as rules of conduct describing how a licensee works for clients, works with customers, or interacts with the general public as a statutory agent in the capacity of an independent contractor and not as a common law agent.
(c) Presumed statutory agency. — (1) For properties marketed for sale of 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence:
a. The licensee working for the buyer is presumed to be a statutory agent representing the buyer;
b. A licensee working for the seller is presumed to be a statutory agent representing the seller; and
c. A licensee working for both buyer and seller is presumed to be a statutory agent representing both parties as a dual agent.
(2) For new construction onsite sales offices for 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence, the onsite licensee shall be presumed to be a statutory agent representing the builder or seller.
(3) The presumption of agency may be rebutted by the consumer signing a consumer information statement establishing a different agency relationship.
24 Del. C. § 2934
(a) Commencement of duties for a statutory agent. — The duties of confidentiality as required by § 2936(c) of this title begin upon first contact between a licensee and the customer. The other statutory duties between a licensee and client as required by this subchapter begin upon the earlier of:
(1) The first scheduled appointment;
(2) The first showing of a property;
(3) Making an offering; or
(4) Otherwise working for the client;
unless a CIS is signed indicating there is no agency relationship. For transactions exempt from providing the CIS, the duties of the agent commence when the parties form an agency relationship.
(b) Duties of a statutory agent after termination. — A licensee and brokerage organization owe no further duty or obligation to the customer or client after termination, expiration, completion or performance of the transaction or other termination of the brokerage relationship, except the duties of:
(1) Accounting in a timely manner for all money and property related to, and received during the relationship; and
(2) Treating as confidential the information provided by the customer or client during the course of the relationship that may reasonably be expected to have a negative impact on the customer or client’s real estate activity unless:
a. The customer or client to whom the information pertains grants written consent;
b. Disclosure of the information, such as defects actually known by the licensee or previously disclosed by the seller on the seller’s disclosure of real property condition report or radon disclosure or any other statutorily required form, is required by law;
c. The information is made public or becomes public by the words or conduct of the customer or client to whom the information pertains or from a source other than the licensee or brokerage organization; or
d. Disclosure is necessary to defend the licensee or brokerage organization against an action of wrongful conduct in an administrative or judicial proceeding or before a committee of a professional association.
24 Del. C. § 2935
(a) Licensees shall cooperate with all other licensees involved in a transaction except when cooperation is not in the customer’s or client’s best interest. The obligation to cooperate does not include any obligation to share commissions or to otherwise compensate another licensee.
(b) In order to cooperate, licensees shall be reasonably available when requested by their customer or client to:
(1) Accept delivery of and present to the customer or client offers and counteroffers to buy, sell, or lease the customer’s or client’s property, or the property the customer or client seeks to purchase or lease;
(2) Assist the customer or client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to offers and counteroffers until the agreement of sale or lease is signed and all contingencies are satisfied or waived; and
(3) Answer the customer’s or client’s questions relating to the offers, counteroffers, notices, negotiations, and contingencies; and
(4) Hold the escrow deposit.
(c) In order to cooperate, licensees shall be reasonably available when requested by a cooperating licensee to undertake the activities described in subsection (b) of this section, but only after disclosing the request to their customer or client and receiving written authorization to undertake the requested activity. If the customer or client fails to authorize the licensee to undertake the requested activity, the licensee shall not undertake such activity. If the broker’s or brokerage organization’s business model includes offering all of the services explained in the CIS, rather than having separate charges for distinct real estate services, the CIS is sufficient disclosure or written authorization to undertake the activities described in subsection (b) of this section.
24 Del. C. § 2936
(a) Unless specifically hired as a common law agent by a written brokerage agreement, a licensee is a statutory agent and not a common law agent for any party. The broker may from time to time designate 1 or more associate brokers or salespersons licensed under that broker to be the designated associate broker or associate brokers or salesperson or salespersons of a client or clients to the exclusion of all others in the brokerage organization.
(b) Obligations and responsibilities. — A licensee shall to the extent applicable to their functions have the following obligations and responsibilities:
(1) Performing the duties required by this chapter;
(2) Performing the terms of the written brokerage agreement, if any;
(3) Exercising reasonable skill and care as a licensee;
(4) Advising the parties to obtain expert advice on material matters about which the licensee knows but the specifics of which are beyond the expertise of such licensee;
(5) Accounting in a timely manner for all money and property received;
(6) Helping to keep the parties informed regarding the progress of the transaction;
(7) Performing ministerial tasks to assist the parties in complying with the terms and conditions of any contract;
(8) Disclosing to all prospective buyers or tenants any adverse material facts actually known by the licensee;
(9) Informing the parties that they shall not be vicariously liable for acts of other licensees;
(10) Informing the parties that notice given to the designated licensee is considered notice to their client;
(11) Informing the parties that oral or written statements made by a licensee without the consent of the party do not bind the party and may not be relied upon by anyone as binding a party. As such, all statements and negotiations shall need to be authorized by or signed by the parties themselves to be binding on the parties unless otherwise stated in the brokerage agreement, agreement of sale, lease, or power of attorney;
(12) Complying with all requirements of this chapter and any rules and regulations promulgated pursuant to this chapter;
(13) Complying with any applicable federal, state, or local laws, rules, regulations, or ordinances; and
(14) Following fair housing and civil rights laws and regulations.
(c) Confidentiality. — The following information shall not be disclosed by a licensee without the informed consent of the affected party:
(1) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property;
(2) That a seller or landlord is willing to accept less than the asking price or lease rate for the property;
(3) What the personal motivating factors are for any party to a transaction;
(4) That a seller, buyer, landlord, or tenant will agree to terms other than those offered;
(5) Any material confidential information about the parties or property unless disclosure is required by statute or regulation or failure to disclose such information would constitute fraud or intentional misrepresentation;
(6) Any facts or suspicions regarding circumstances which may psychologically impact or stigmatize any real property pursuant to § 2927 of this title unless required to be disclosed by § 2927 of this title; or
(7) Any facts or suspicions that any party or someone in the community is a registered sex offender under subchapter III of Chapter 41 of Title 11 as amended from time to time, but if asked shall refer the person to the Delaware State Police to seek this information.
(d) Confidentiality exception. — For transactions of properties other than those marketed as:
(1) One-to-4 family residences; or
(2) Single family lots of land intended for 1-to-4 family residence;
designated agents who are not dual agents are exempt from subsection (c) of this section; instead, a duty of confidentiality by the agent to the client shall apply after a client relationship is formed.
(e) Actions permitted by agents. — An agent may do the following without breaching any obligation, duty, or responsibility to a customer or client:
(1) List and advertise competing properties for sale or lease;
(2) Show customers or clients alternative properties not owned by their broker’s other clients;
(3) Show properties in which 1 customer or client is interested to their other customers or clients;
(4) Present offers on the same property for more than 1 customer or client:
(5) Disseminate information that is generally available to licensees. For example, providing information on comparable sales and the licensee’s interpretation, advice, and opinion about this information with the customer or client retaining the authority to decide what to do with this information;
(6) Assist buyers and sellers in preparing offers and counteroffers, providing that the forms used advise the parties that they may seek legal advice prior to signing. Presenting all offers and counteroffers in a timely manner regardless of whether the property is subject to a contract for sale, lease or letter of intent unless instructed otherwise by the customer or client;
(7) Develop negotiating strategies or options for how to proceed with a transaction;
(8) Perform ministerial tasks;
(9) Serve as a single agent, sub-agent, or dual agent for the same parties in different transactions or different parties concerning the same property. For example, the licensee could be a statutory agent for the sellers in 1 transaction and a common law agent for the same people as buyers in another transaction;
(10) Cooperate with other licensees; however, for 1-to-4 family residences or single family lots of land intended for 1-to-4 family residences they shall not engage any common law subagents from other brokers or brokerage organizations;
(11) Disclose information concerning a transaction among the broker, designated associate broker(s) or designated salesperson(s), and office staff working for the brokerage organization on that transaction;
(12) Provide customers with factual information they request. Provide clients with relevant factual information. Tell clients about their choices of how to proceed and provide them with relevant information. Provide clients with information and advice when presented with questions from the client or a request for advice.
(f) No imputed knowledge. — There is no imputation of knowledge or information by operation of law among or between the customer, client, broker, associate broker, salesperson, brokerage organization and other licensees or persons within a brokerage organization.
(g) Notice. — Notice as defined by law or in the agreement of sale or lease given to a party shall be considered effective notice. Unless specified otherwise in the agreement of sale or lease, notice only given to a designated associate broker(s) or salesperson(s) shall also be considered effective notice to the client of that associate broker or salesperson. Notice to the broker is not considered notice to the designated associate broker(s), designated salesperson(s), or client. Notice only to the designated associate broker or salesperson is not considered notice to the broker, or the rest of the brokerage organization.
24 Del. C. § 2937
(a) A customer or client shall not be liable for a wrongful act, error, omission, or misrepresentation of the licensee except to the extent the customer or client had actual knowledge of the wrongful act, error, omission, or misrepresentation.
(b) A licensee shall not be liable for a wrongful act, error, omission, or misrepresentation of the customer or client except to the extent the licensee had actual knowledge of the wrongful act, error, omission, or misrepresentation.
(c) Nothing in this section shall be construed to diminish or limit any of the other duties or responsibilities of the licensee under this chapter, or the rules promulgated hereunder.
(d) This chapter does not otherwise limit the liability of a broker, for an act, error, or omission of a licensee in the brokerage organization. Notwithstanding any other provision of this chapter, the employer of the licensee is vicariously liable as the employer would be under the doctrine of respondeat superior whether the licensee is employed by the broker or brokerage organization as an employee or as an independent contractor.
(e) This section does not apply if the licensee or brokerage organization is hired as a common law agent.
24 Del. C. § 2938
(a) The Commission shall establish by rule and regulation a consumer information statement (“CIS”). The Commission may provide alternative consumer information statements for residential properties, properties that do not contain any residential units, commercial transactions, property management, or other brokerage situations as the Commission deems appropriate. At a minimum, the form shall provide a summary of what a licensee is permitted or prohibited from doing as provided by §§ 2935 and 2936 of this title. The CIS shall explain the circumstances when the consumer may hire the licensee as a common law agent, but that this would require other detailed disclosures of conflicts of interests and could involve significant potential legal liability and financial risk for the consumer.
(b) The consumer information statement required by this chapter shall be delivered to the consumer no later than the earlier of:
(1) The first scheduled appointment;
(2) The first showing of a property; or
(3) Making an offer;
unless the consumer has already been given the CIS by another licensee. A listing licensee who knows that the buyer is working with another licensee is not required to give that buyer a CIS. A licensee working with a buyer who knows that the seller is working with another licensee is not required to give a CIS to that seller. The CIS must be signed by the customer or client prior to signing an agreement of sale, listing agreement or any other brokerage agreement, unless otherwise exempt from providing a CIS.
(c) The CIS shall be available to the consumer at open houses, but does not need to be personally presented by the licensee unless the consumer asks for more than factual information about the property or expresses interest in making an offer on the property during the open house.
(d) The duties of confidentiality as required by § 2936(c) of this title begin upon the first contact between a licensee and the customer. The other statutory duties between a licensee and client as required by this subchapter begin upon the earlier of:
(1) The first scheduled appointment;
(2) The first showing of a property;
(3) Making an offer; or
(4) Otherwise working for the client;
unless a CIS is signed indicating there is no agency relationship. For transactions exempt from providing the CIS, the duties of the agent commence when the parties form an agency relationship.
(e) Nonrenewable leases of 120 days or less are exempt from the requirement to provide the CIS to the potential tenant; provided, however, that the duties of confidentiality required by § 2936(c) of this title and the rest of this chapter still apply to those leases. The broker may still choose to provide the CIS as a matter of brokerage organization policy.
(f) Transactions of properties other than those marketed as:
(1) One-to-4 family residential properties; or
(2) Single lot sales of land intended for a 1-to-4 family residence;
are exempt from the requirement to provide the CIS to the potential parties; however the balance of this chapter shall still apply unless specifically exempted. In lieu of providing a CIS, the agreement of sale or lease shall include the following language after the confirmation of the agency relationships:
“The parties acknowledge that they have certain rights and responsibilities under Delaware agency law (Title 24 of the Delaware Code, Chapter 29) and may consult with their legal counsel.”
(g) For rental of residential property not otherwise exempt from the requirement to provide the CIS, the CIS shall be given to the potential tenant no later than the earlier of:
(1) The first scheduled appointment;
(2) The first showing of a property; or
(3) Making an offer,
but does not need to be signed until the potential tenant decides to complete a rental application or the signing of a lease.
24 Del. C. § 2939
(a) A county, municipality, or other political subdivision of the State shall not impose local business licensing requirements, fees, or taxes upon real estate brokers, associate brokers, brokerage organizations, or real estate salespersons for any of the following activities in that jurisdiction:
(1) Listing real estate for sale.
(2) Representing buyers in the purchase of real estate.
(3) Rental of real estate for property owners or tenants unless the property is in a city with a population over 50,000.
(b) This section does not prohibit a jurisdiction from charging a real estate broker, associate broker, brokerage organization, or real estate salesperson with a physical office in that jurisdiction for a business license, fees, or taxes on the same basis as other businesses with offices in that jurisdiction.
(c) This section does not prohibit a jurisdiction from charging a wage tax under that jurisdictions’ ordinances on the same basis as other wages earned in that jurisdiction.
24 Del. C. § 4111
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State. A license in “good standing” is defined in § 4108(a)(4), (5), (6), and (7) of this title.
(b) An applicant, who is licensed in good standing, as defined in subsection (a) of this section, in a state whose standards are not substantially similar to those of this State, shall be licensed by endorsement if such person:
(1) Has practiced for a minimum of 1 year, performed at least 75 fee-paid home inspections, and holds the designation of inspector or certified inspector as a member of the American Society of Home Inspectors (“ASHI”) or the designation of regular member or certified real estate inspector as a member of the National Association of Home Inspectors (“NAHI”); or
(2) Has practiced for a minimum of 5 years after licensure; provided however, that the applicant meets all other qualifications for endorsement in this section.
(c) An applicant, who is a graduate of a foreign college or university or who has completed formal training as a home inspector in a foreign jurisdiction, and who is not licensed in another state, the District of Columbia, or territory of the United States, shall submit a certified copy of the applicant’s college or university record or documentation evidencing formal training as a home inspector for evaluation by the Board, in addition to fulfilling the applicable requirements for licensure of §§ 4108 and 4109 of this title.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)