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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- NINTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1997.
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1998
VOLUME LXXI
Part II
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 71 - Part 2 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY-NINTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A.D. 1997. SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A.D. 1998 VOLUME LXXI Part II 768 CHAPTER 296 FORMERLY HOUSE BILL NO. 503 Chapter 296 Vol. 71 AN ACT TO AMEND CHAPTER 38, TITLE 31 OF THE DELAWARE CODE REGARDING THE FOSTER CHILD REVIEW ACT AND CHAPTER 101, TITLE 29 OF THE DELAWARE CODE REGARDING THE ADMINISTRATIVE PROCEDURES ACT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend subsections (1) and (2), §3802, Title 31 of the Delaware Code by striking the words "Child Protective" and they appear in said subsections, and substituting the word "Family" in lieu thereof. Section 2. Amend §3803, Title 31 of the Delaware Code by striking the word "Child" as it appears in the section heading, and by substituting the word "Care" in lieu thereof. Section 3. Amend subsection (b), §3803, Title 31 of the Delaware Code by striking the words "a citizen of the United States and" as the same appear in said subsection. Section 4. Amend subsection (b), §3804, Title 31 of the Delaware Code by striking the words "Child Protective" as they appear in said subsection, and by substituting the word "Family" in lieu thereof. Section 5. Amend §3805, Title 31 of the Delaware Code by striking the words "2 times per year" and by substituting the words "once a year" in lieu thereof. Section 6. Amend §3806, Title 31 of the Delaware Code by striking the number "$15" and by substituting the number "$25" in lieu thereof. Section 7. Amend subsection (10), §3807, Title 31 of the Delaware Code by adding thereto a new sentence at the end of said subsection, which shall read as follows: "The annual report shall be used by the Board to generate additional volunteers for the Board." Section 8. Amend §3807, Title 31 of the Delaware Code by renumbering current subsection (1) as new subsection (2) and by renumbering each succeeding subsection accordingly. Second 9. Amend §3807, Title 31 of the Delaware Code by adding a new subsection (1) which new subsection shall read as follows: "(I ) Establish Goals and Objectives to measure its progress in achieving permanent placement or other goals for children in foster care." Section 10. Amend subsection (1), §3808, Title 31 of the Delaware Code by striking the final sentence of said subsection in its entirety, beginning with the words "The Department" and ending with the words "in monitoring and evaluation." Section 11. Amend subsection (a), §3809, Title 31 of the Delaware Code by striking the final sentence of said subsection in its entirety, beginning with the words "Internal reviews" and ending with the words "Review Board." Section 12. Amend subsection (1), §3811, Title 31 of the Delaware Code by adding a new sentence at the end of said subsection which shall read as follows: "All interested parties shall be encouraged to attend the Board's reviews." 19 Lit. Chapter 296 Vol. 71 769 Section 13. Amend subsection (a), §3813, Title 31 of the Delaware Code by striking the words "Child Protective" as the same appear in said subsection, and by substituting the word "Family" in lieu thereof: Section 14. Amend §3814, Title 31 of the Delaware Code by striking the first sentence of said subsection beginning with the words "The Board" and ending with the words "participating parties" and by substituting the following in lieu thereof: "The Board shall submit a written report of the review to the placement agency and other participating parties within 15 days, except when a case has been referred to the Executive Committee to resolve an internal issue, in which case the report must be sent out 15 days following the Executive Committee review." Section 15. Amend §3814, Title 31 of the Delaware Code by designating all of current §3814 as new subsection (a), and by adding a new subsection designated as subsection (b), which shall read as follows: "(b) The Board and the Division of Family Services shall inform Family Court of the position of the Board regarding the identified Permanency Placement Goal for the child and current placement of the child." rr Section 16. Amend paragraph (1), subsection (a), §3815, Title 31 of the Delaware Code by striking the number "20" as the same appears in said paragraph, and by substituting the number "90" in lieu thereof. Section 17. Amend §3820, Title 31 of the Delaware Code by striking said section in its entirety, and by renumbering each succeeding section accordingly. Section 18. Amend subsection (a), §10161, Title 29 of the Delaware Code by renumbering current paragraph (44) as new paragraph (45), and by adding a new paragraph (44), which new paragraph shall read as follows: "(44) Foster Care Review Board." Approved-June 17, 1998 CHAPTER 297 FORMERLY SENATE BILL NO. 286 AN ACT TO AMEND 71 LAWS OF DELAWARE, CHAPTER 12 RELATING TO SUNSETTING PROVISIONS OF THE PHARMACY ACCESS ACT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend 71 Laws of Delaware, Chapter 12 by striking in their entirety the last two lines of said 71 Laws of Delaware, Chapter 12 which read as follows: "Section 4. This Act shall sunset and automatically be repealed on June 30, 1998, unless reenacted prior to that date." Approved June 17, 1998 770 Chapter 298 Vol. 71 CHAPTER 298 FORMERLY HOUSE BILL NO. 428 AS AMENDED BY SENATE AMENDMENT NO. 1 AN ACT TO AMEND CHAPTER 36, TITLE 24 OF THE DELAWARE CODE RELATING TO GEOLOGY AND TITLE 29 OF THE DELAWARE CODE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Title 24 of the Delaware Code by striking Chapter 36 in its entirety and substituting the following in lieu thereof: "CHAPTER 36. GEOLOGY Subchapter I. Board of Geologisls. §3601. Objectives. The primary objective of the Board of Geologists, 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. The secondary objectives of the Board are to maintain minimum standards of practitioner competency; and, to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners. §3602. Definitions. The following words, terms and phrases, when used in this Chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning: (I) 'Board' shall mean the State Board of Geologists established in this Chapter. 'Excessive use or abuse of drugs' shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs his or her ability to perform the work of a geologist. 'Geologist' shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines. 'Person' shall mean a corporation, company, association and partnership, as well as an individual. 'Practice of geology' shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, taws and body of knowledge encompassed in the science of geology. This may take the form of, but is not limited to, consultation, research, investigation, evaluations, mapping, sampling, planning of geologic projects and embracing such geological services or work in connection with any public or private utilities, structures, roads, building, processes, works or projects. A person shall be construed to practice geology, who by verbal claim, sign, advertisement or in any other way represents himself or herself to be a geologist, or who holds himself or herself out as able to perform or who does perform geologic services or work. Chapter 298 Vol. 71 771 Nothing contained herein shall be construed to apply to persons engaged solely in the practice of well-drilling or persons engaged in the practice of engineering as registered professional engineers. (6) 'Responsible charge' shall mean the individual control and direction, by the use of initiative skill and individual judgment, of the practice of geology. §3603. Board of Geologists' appointments: composition: qualifications; term: vacancies; suspension or removal: unexcused absences: compensation. There is created a State Board of Geologists, which shall administer and enforce this Chapter. The Board shall consist of seven members, appointed by the Governor, who are residents of this state: Four shall be geologists licensed under this Chapter, one of whom shall be a member of the Delaware Geological Survey, either the State Geologist, or his or her designee if the State Geologist declines the appointment, and three public members. The public members shall not be, nor ever have been, geologists, nor members of the immediate family of a geologist; shall not have been employed by a geologist or a company engaged in the practice of geology; shall not have a material interest in the providing of goods and services to geologists; nor have been engaged in an activity directly related to geology. The public members shall be accessible to inquiries, comments and suggestions from the general public. Except as provided in subsection (d) of this section, each member shall serve a term of three years, and may succeed himself or herself for one additional term; provided,, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor. Persons who are members of the Board on the effective date of this Act shall complete their terms. A person, who has never served on the Board may be appointed to the Board for two consecutive terms; but, no such person shall thereafter be eligible for two consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served. This section shall not apply to the State Geologist or his or her designee. Any act or vote by a person appointed in violation 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 (d) of this section, unless such an amendment or revision amends this section to permit such an appointment. A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. No member of the Board, while serving on the Board, shall hold elective office in any professional association of geologists; this includes a prohibition against serving as head of the professional association's Political Action Committee (PAC). The provisions of Chapter 58, Title 29 of the Delaware Code shall apply to all members of the Board. Any member, who is absent without adequate reason for three consecutive meetings, or fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty. 772 Chapter 298 Vol. 71 (j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel according to Division of Professional Regulation policy; and, in addition shall receive not more than $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year. §3604. Organization: meetings: officers: quorum, The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or, at the request of a majority of the Board members. The Board annually shall elect a President, Vice-President and Secretary. Each officer shall serve for one year, and shall not succeed himself or herself for more than two consecutive terms. A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least four members of the Board. Minutes of all meetings shall be recorded, and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it. §3605. Records. The Division of Professional Regulation shall keep a register of all approved applications for license as a geologist, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board. §3606. Powers and duties. (a) The Board of Geologists shall have aUthority to: 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 of this State. Each rule or regulation shall implement or clarify a specific section of this Chapter. Designate the application form to be used by all applicants, and to process all applications; Designate the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG) to be taken by all persons applying for licensure; applicants who qualify for licensure by reciprocity shall have achieved a passing score on all parts of the ASBOG examination or a comparable, altemative national or regional examination, if a national examination is not available; Establish minimum education, training, and experience requirements for licensure as geologists; Evaluate the credentials of all persons applying for a license to practice geology in Delaware, in order to determine whether such persons meet the qualifications for licensing set forth in this Chapter. Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure; Chapter 298 773 Vol. 71 Require all technical submissions to be stamped with the impression of the state-licensed geologist's seal; Establish by rule and regulation continuing education standards required for license renewal; Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction to practice geology, 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; Refer all complaints from licensees and the public concerning licensed geologists, or concerning practices of the Board or of the profession, to the Division of Professional Regulation for investigation pursuant to §8807 of Title 29 of the Delaware Code; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint; ,(12) Conduct hearings and issue orders in accordance with procedures established pursuant to this Chapter, Chapter 101 of Title 29 of the Delaware Code. Where such provisions conflict with the provisions of this Chapter, this Chapter shall govern. The Board shall determine whether or not a geologist shall be subject to a disciplinary hearing, and if so, shall conduct such hearing in accordance with this Chapter and the Administrative Procedures Act. (13) Where it has been determined after a hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed. Subchapter II. J leen% *3607. License required. No person shall engage in,the practice of geology or hold himself or herself out to the public in this State as being qualified to practice geology; or use in connection with his or her name, or otherwise assume *or use, any title or description conveying or tending to convey the impression that he or she is qualified to practice geology, unless such person has been duly licensed under this Chapter. Whenever a license to practice as a geologist in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice geology in this state. *3608. Qualifications of applicant: report to Attorney General: judicial review. (a) An applicant who is applying for licensure as a geologist under this Chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person: (I) has received a degree from an accredited college or university with a major-in geology; or, has completed 30 credit hours of geology or its subdisciplines, of which 24 credits are third or fourth year courses or graduate courses; has acquired five years of experience in geologic work satisfactory to the Board and as defined in its rules and regulations; has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor; shall not have been the recipient of any administrative penalties regarding his or her practice of geology, 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 Board on his or her professional conduct and practice, including any voluntary surrender of a license; (5) 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 the practice of geology in a manner consistent with the safety of the public; shall not have been convicted of a felony; shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of geology. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of geology. Where the Board 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. Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for him or her 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. §3609 Reciprocity. (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; and who meets the following criteria: his or her license is in good standing as defined in §3608(a)(4), (5), (6), and (7), of this Chapter; and has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor; unless at the time the applicant became licensed in the state, District of Columbia, or territory of the United States, from which he or she is applying, the examination prepared under the authority of ASBOG, or subsequent examination(s) prepared under the authority of ASBOG was/were not required by the state of Delaware. (b) An applicant, who is licensed or registered in a state whose standards are not substantially similar to those of this state, shall have practiced for a minimum of five years in the state in which he or she currently is, or has been licensed; provided however, that he or she meets all other qualifications for reciprocity in this subsection. (c) An applicant, who is a graduate of a foreign college or university with a major in geology; or, who has completed 30 credit hours of geology or its subdisciplines, of which 24 credits are third or fourth year courses or graduate courses, must submit a certified copy of his or her college or university record for evaluation by the Board. §3610. Ects. The amount to be charged for each fee imposed unuer this Chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this Chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division of 774 Chapter 298 Vol. 71 Chapter 298 Vol. 71 Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium. §3611 Issuance and renewal of licenses. The Board shall issue a license to each applicant, who meets the requirements of this Chapter for licensure as a geologist and who pays the fee established under §3610 of this Chapter. Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee has met the continuing education requirements established by the Board. The Board, in its rules and regulations, shall determine the period of time within which a licensed geologist may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date. §3612. Grounds for discipline (a) A practitioner licensed under this Chapter shall be subject to distiplinary actions set forth in §3616 of this Chapter, if, after a hearing, the Board finds that the geologist: has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a geologist; has impersonated another person holding a license, or allowed another person to use his or her license, or aided or abetted a person not licensed as a geologist to represent himself or herself as a geologist; has illegally, incompetently or negligently practiced geology; has been convicted of a felony; has been convicted of any offense, the circumstances of which substantially relate to the practice of geology. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor; has excessively used or abused drugs either in the past two years or currently; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the practitioner's ability to perform the work of a geologist; has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities; has violated a lawful provision of this Chapter, or any lawful regulation established thereunder; has had his or her license as a geologist 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 Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute one or more of the acts defined in this Chapter. Every person licensed as a geologist in this State shall be deemed to have given consent to the release of this information by the Board of Geologists or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses; has failed to notify the Board that his or her license as a geologist in another state 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; or 775 776 Chapter 298 Vol. 71 (10) has a physical condition such that the performance of geology is or may be injurious or prejudicial to the public. Where a practitioner fails to comply with the Board's request that he or she attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have the jurisdiction to issue such order. Subject to the provisions of this Chapter and Subchapter IV of Chapter 101 of Title 29 of the Delaware Code, no license shall be restricted, suspended or revoked by the Board, and no practitioner's right to practice geology shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act. §3613. Complaints. All complaints shall be received and investigated by the Division of Professional Regulation in accordance with §8807 of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. When it is determined that an individual is engaging, or has engaged, in the practice of geology, or is using the title 'geologist' and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order after formally warning the unlicensed practitioner in accordance with the provisions of this Chapter. §3614. Disciplinary sanctions. (a) Tht Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in §3612 of this Chapter applies to a practitioner regulated by this Chapter; (1) Issue a letter of reprimand; (2) Censure a practitioner; (3) Place a practitioner on probationary status, and require the practitioner to: report regularly to the Board upon the matters which are the basis of the probation; limit all practice and professional activities to those areas prescribed by the Board; (4) Suspend any practitioner's license; (5) Revoke any practitioner's license; (6) Impose a monetary penalty not to exceed $500 for each violation. (b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied. (c) The Board may temporarily suspend a practitioner's license in advance of a final adjudication, during the appeals process, but, only in cases where there is clear and immediate danger to the health and safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed to Superior Court. (d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety. Chapter 298 Vol. 71 777 (e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this Chapter. §3615. blearing,procedures. If a complaint is filed with the Board pursuant to §8807 of Title 29 of the Delaware Code, alleging violation of §3612 of this Chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code. All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this Chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner. Where the practitioner is in disagreement with the action of the Board, he or she may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him or her. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with §10144 of Title 29 of the Delaware Code. §3616.. Reinstatement of a suspended license: removal from probationary status: replacement of license, (a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board 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. (b) Where a license or registration has been suspended due to the licensee's inability to practice pursuant to this Chapter, the Board may reinstate such license, if, after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a geologist, with or without reasonable accommodations; and/or, there is no longer a significant risk of substantial harm to the health and safety of the individual or others. (c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this Chapter may also be required, as appropriate. (d) A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge shall be made for such issuance. Subchapter III Other Provisions §3617. Exemptions. Nothing in this Chapter shall be construed to prevent persons engaged solely in teaching the science of geology from continuing to engage in the act of teaching the science of geology; Nothing in this Chapter shall be construed to prevent the practice of geology by persons working under the direct supervision of a Delaware licensed geologist; such licensed geologist shall be responsible for the activities of unlicensed persons practicing geology in this state. The supervising licensed geologist shall inform the Board of the unlicensed practice of geology. §3618. Penalty, 778 Chapter 298 Vol. 71 A person not currently licensed as a geologist under this Chapter, when guilty of engaging in the practice of geology, or using in connection with his or her name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that he or she is qualified to practice geology, such offender shall be guilty of a misdemeanor. Upon the first offense, he or she shall be fined not less than $500.00 dollars nor more than $1,000 dollars for each offense. For a second or subsequent conviction, the fine shall.be not less than $1,000.00 nor more than $2,000.00 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this Chapter. §3619. Seal Every geologist licensed in this State shall have a seal of a design authorized by the Board by regulation. All technical submissions prepared by such geologist, or under his or her direct supervision, shall be stamped with the impression of his or her seal. No licensed geologist shall impress his or her seal on any technical submission unless it has been prepared under his or her direct supervision." Section 2. Rules and Regulations, Rules and regulations in effect on the date of enactment of this Act shall remain valid to the extent they are not inconsistent with this Act. Section 3. Reorganized Board appointments. Members of the reorganized Board shall be appointed so that the terms of one professional member and one public member shall expire one year after the initial appointment; the terms of one professional member and one public member shall expire two years after the initial appointment; and the terms of two professional members and one public member shall expire three years after the initial appointment; thereafter, appointments shall be made for a term of three years. Section 4 Administrative Procedures Act. Amend paragraph (34), subsection (a), §10161, Title 29 of the Delaware Code by striking the words "Registration of': as the same appear in said paragraph. Section 5. Division of Professional Regulation. Amend paragraph (22), subsection (a), §8807, Title 29 of the Delaware Code by striking the words "registration of" as the same appear in said paragraph. Approved June 17, 1998 Chapter 299 779 Vol. 71 CHAPTER 299 FORMERLY HOUSE BILL NO. 442 AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF COSMETOLOGY AND BARBERING, AND COMPLAINTS REGARDING NAIL SALONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 5112(a), Title 24 of the Delaware Code by deleting the second sentence of the paragraph and replacing as follows: "Investigators of the Department of Professional Regulation may enter any nail salon, beauty shop or barber shop in furtherance of their investigation. Upon a determination that an indivicival practicing cosmetology, barbering, electrology or nail technology without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of Section 5116(c) or (d), as applicable of this Title. The investigator or the Attorney General or their designee, or any other person authorized by law shall prosecute the matter. A copy of the investigator's report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division,. and any violations of bond shall be treated as criminal contempt, pursuant to Title 11 of the Delaware Code §1271(3)." Section 2. Amend Section 5116 of Title 24 of the Delaware Code by deleting subparagraph (a) and relettering the remaining paragraph as (a), (b) and (c). Approved June 17, 1998 780 Chapter 300 Vol. 71 CHAPTER 300 FORMERLY HOUSE BILL NO. 486 AN ACT TO AMEND CHAPTER 98, TITLE 16 OF THE DELAWARE CODE, RELATING TO INITIAL TRAINING OF PARAMEDICS EMPLOYED BY A COUNTY PURSUANT TO THIS CHAPTER. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend § 9803(a)(1), Title 16 of the Delaware Code, by striking the words "and assisting as requested in the recruitment of such persons and their referral and admission to approved training programs" as they appear therein. Section,2. Amend § 9803(a), Title 16 of the Delaware Code, by designating the existing paragraphs (2) through (5) as (3) through (6) and adding a new paragraph thereto to read as follows: "(2) Advise in the development of standards for the selection of students to the didactic, clinical, and field training portion of paramedic advanced training." Section 3. Amend § 9805(8), Title 16 of the Delaware Code, by striking the existing text in its entirety, and substituting in lieu thereof the following: "Develop rules governing the operation of programs that provide paramedical instruction to ensure compliance with the ALS Standards of the Board of Medical Practice." Section 4. Amend § 9806(b), Title 16 of the Delaware Code, by adding a new numbered paragraph thereto to read as follows: "(7) Provide medical direction for all paramedical training programs, initial, recertification, and continuing education, in accordance with the ALS Standards of the Board of Medical Practice." Section 5. Amend § 9808(b), Title 16 of the Delaware Code, by striking said subsection as it appears therein and substituting in lieu thereof the following: "(b) Any paramedic employed by a county or its subcontractor must be certified by the Administrator and the State Paramedic Medical Director in accordance with the standards of the Board. Direct initial training costs shall be paid partially at state expense, based on the results of an annual needs assessment conducted by the Office. Recertification training and testing costs for those paramedics employed under this Chapter shall be paid at state expense." Section 6. Amend § 9814, Title 16 of the Delaware Code, by adding a new subsection thereto to read as follows: "(j) The Office shall distribute, by contract or otherwise, all state funds used for paramedic training programs." Approved June 24, 1998 Chapter 301 781 Vol. 71 CHAPTER 301 FORMERLY HOUSE BILL NO. 378 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE LICENSURE OF RESIDENTIAL AND NONRESIDENTIAL CHILD CARE FACILITIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §9003(7), Title 29 of the Delaware Code, by adding the following language at the end of said subsection: "Provided, however, that no license for a residential or nonresidential child care facility to be operated within the corporate limits of the City of Wilmington shall be granted until the applicant has provided the Departmeft with verification of licensure by the City of Wilmington to operate a childcare facility." Approved June 25, 1998 CHAPTER 302 FORMERLY HOUSE BILL NO. 596 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 101(9), Title 4 of the Delaware Code by adding after the last sentence the following: "A public golf course, open to all members of the public, whether privately or publicly owned, whose primary purpose is the operation of a golf course shall be included within meanings of this definition. Members of the public, utilizing the golf facility, shall be considered guests of the club." Section 2. Amend Section 101(25)c, Title 4 of the Delaware Code by adding thereto a new subparagraph, designated as subparagraph d., which new subparagraph shall read as follows: "d. A public golf course, as defined in paragraph 9 of this section, may be licensed as a multiple activity club, however, is not subject to the requirements as setforth in subparagraph c. of this paragraph." Section 3. The provision of this Bill shall be construed to permit the Delaware Alcoholic Beverage Control Commission to grant multiple activity club licenses to public golf courses. Section 4. This Bill shall become effective 6 months after enactment enabling the Delaware Alcoholic Beverage Control Commission to adopt rules and regulations for the sale of alcoholic liquors on public golf courses. Approved June 25, 1998 782 Chapter 303 Vol. 71 CHAPTER 303 FORMERLY HOUSE BILL NO. 314 AN ACT TO AMEND CHAPTER 88, TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend § 8810, Title 29, of the Del. C. by adding a new subsection thereto to read as follows: "(m) Unless otherwise provided by law, any Board within the Division of Professional Regulation may adopt through its Rules and Regulations the Voluntary Treatment Option for Chemically Dependent or Impaired Professionals for the treatment of chemically dependent or impaired persons regulated by such Board. The Voluntary Treatment Option for Chemically Dependent or Impaired Professionals shall be available to a regulated professional of a participating Board, provided the regulated professional has not committed any offense, other than the status of being chemically dependent or impaired, which otherwise constitutes a ground for discipline under applicable laws governing the regulated professional. The participating Board may defer and ultimately take no disciplinary action with regard to an eligible chemically dependent or impaired regulated professional who voluntarily signs an agreement, in a form satisfactory to the participating Board, agreeing to the terms and conditions specified in the Voluntary Treatment Option. The Board, where it deems appropriate, may proceed with disciplinary action with regard to a disciplinary offense alleged to have occurred prior to the professional's entry into the Voluntary Treatment Option. Any person regulated by a participating Board may refer himselYherself into this Voluntary Treatment Option. Any member of the public, or member of the participating professions regulated by the Division of Professional Regulation may make a written report, signed by the complainant, of chemical dependency or impairment affecting any person regulated by a participating Board within the Division of Professional Regulation to the appropriate Board chairperson, her or his designate, or designates, or directly to the Director of the Division of Professional Regulation or his/her designate. Failure to provide such a report may be considered grounds for disciplinary action against a regulated professional so failing to report, if such grounds for disciplinary action are provided in the participating Board's statutes, rules, or regulations. When a report is received indicating that a regulated professional of a participating Board may be chemically dependent or impaired, the Boards or Commissions subject to this Voluntary Treatment Option for Chemically Dependent or Impaired Professionals shall follow the following procedures: (I) If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates. The chairperson of the regulatory Board or that chairpersons' designate or designates shall, within seven (7) days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option. In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation Chapter 303 783 Vol. 71 and screen shall take place within thirty (30) days following notification to the professional by the participating Board chairperson or that chairpersons' designate(s). A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the Chairperson of the participating Board. Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates os the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection (h), § 8810 of this title. The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions: Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress. Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice. Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program. Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this paragraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses 783 784 Chapter 303 Vol. 71 incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option. Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson, or his/her designate or designates or to the Director of the Division of Professional Regulation or his/her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice. Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option. ' (7) The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue. The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety. If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program. Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate. Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a non-disciplinary matter. Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's Rules and Regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed." Approved June 25, 1998 Chapter 304 Vol. 71 CHAPTER 304 FORMERLY HOUSE BILL NO. 641 AN ACT RELATING TO THE WAIVER OF STATUTORY PROVISIONS OF TITLE 13 OF THE DELAWARE CODE CONCERNING THE SOLEMNIZATION OF MARRIAGES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amy Beth Cohen and Thomas W. Waniewski are hereby exempted from the provisions of 13 Del. C § 106(a) which designates who may solemnize marriages; and the Honorable Roxana C. Arsht, retired Family Court judge, is hereby authorized to solemnize the marriage between Amy Beth Cohen and Thomas W. Waniewski on August 23, 1998, in the City of Wilmington, County of New Castle, State of Delaware. The Clerk of the Peace for the County of New Castle shall issue to Amy Beth Cohen and Thomas W. Wi)ealniEwski an official marriage license pursuant to this Act, notwithstanding the provisions of 13 (7. § 106 to the contrary. Approved June 25, 1998 785 786 Chapter 305 Vol. 71 CHAPTER 305 FORMERLY HOUSE BILL NO. 519 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON VOLUNTEER SERVICES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking in its entirety the section heading as it appears therein and by substituting in lieu thereof the following: "§ 7914A. Governor's Council on Volunteer Services." Section 2. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking subsection (a) in its entirety as it appears therein and by substituting in lieu thereof the following: The Governor's Council on Volunteer Services is established and shall serve in an advisory capacity to the Administrator of the State Office of Volunteerism and shall consider matters relating to volunteer services in this State and such other matters as may be referred to it by the Governor, the Secretary of the Department of Health and Social Services, the Director of the Division of State Service Centers, or the Administrator of the State Office of Volunteerism. The Council may study, research, plan, and advise the Administrator, the Director, the Secretary and the Governor on matters it deems appropriate to enable the State Office of Volunteerism to function in the best possible manner." Section 3. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking subsection (b) as it appears therein and by substituting in lieu thereof the following: The Governor's Council on Volunteer Services shall be composed of seventeen (17) members, to include: one representative from each of the five committees which serve in an advisory capacity to the volunteer programs that are directly administered by the State Office of Volunteerism; and twelve (12) representatives reflecting the broad diversity of the State, including members from the public sector, the private nonprofit sector, and the business community." Section 4. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code by striking the numeral "1" as it appears therein in the last sentence of subsection (c) and by substituting in lieu thereof the numeral "2"; and by striking the word "term" as it appears therein as the final word of subsection (c) and by substituting in lieu thereof the word "terms". Section 5. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking the numeral "1" as it appears therein in the last sentence of subsection (e) and by substituting in lieu thereof the numeral "2"; and by striking the word "term" as it appears therein as the final word of subsection (e) and by substituting in lieu thereof the word "terms". Section 6. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking the word "Absence" as it appears therein as the first word of the last sentence in subsection (f) of Section 7914A, and by substituting in lieu thereof the phrase "Unexcused absence". Approved June 25, 1998 r11111111111111.1111.11", Chapter 306 787 Vol. 71 CHAPTER 306 FORMERLY SENATE BILL NO. 301 AN ACT TO AMEND TITLE 11, CHAPTER 65, SECTION 6535 RELATING TO DISCIPLINE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Title 11, Section 6535, Delaware Code by deleting the second sentence thereof and replacing it with the following sentence: "Prisoners of the Department shall have access to those portions of the disciplinary rules that apply to them, at places and times deemed reasonable and appropriate by the Commissioner." Approved June 25, 1998 CHAPTER 307 4 FORMERLY HOUSE BILL NO. 480 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT IN THE SECOND DEGREE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend §612(a)(3) of Title II by inserting after the phrase "full-time firefighter" the following "or correctional officer or sheriff or deputy sheriff". Approved June 25, 1998 788 Chapter 308 Vol. 71 CHAPTER 308 FORMERLY HOUSE BILL NO. 569 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Chapter 77, Title 7 of the Delaware Code by striking said Chapter in its entirety and substituting in lieu thereof the following new Chapter 77 to read as follows: "Chapter 77. Extremely Hazardous Substances Risk Management Act. § 7701. Short title. This chapter shall be known and may be cited as the 'Extremely Hazardous Substances Risk Management Act.' § 7702. Findings. The General Assembly finds that a portion of Delaware's population is potentially exposed to accidental releases of extremely hazardous substances (EHS) which could cause deaths or permanent disabilities to persons experiencing short-term exposure to those substances. The General Assembly also finds that although modem technology, operating systems, inspection and monitoring programs and other safeguards cannot guarantee that catastrophic releases of EHS, generation of pressure waves, or thermal exposure will not occur, a well conceived and vigorously managed risk management program can reduce the likelihood of such occurrences. The General Assembly further finds that there is a need to educate the public, the business community, and every person associated with EHS about the risks of EHS, and the measures that can be taken to minimize the probability of catastrophic events associated with EHS. The Department adopted the Delaware "Regulation for the Management of Extremely Hazardous Substances" on September 25, 1989 and modified this regulation on December 18, 1995 in accordance with the provisions of this chapter. The General Assembly finds that the United States Congress authorized the United States Environmental Protection Agency (EPA) and the United States Department of Labor, Occupational Safety and Health Administration (OSHA) to develop similar federal requirements in the Clean Air Act Amendments of 1990. OSHA promulgated its standard (29 CFR 1910.119) on February 24, 1992. EPA promulgated its list rule (40 CFR 9 and 68) on January 31, 1994. Additionally, EPA promulgated its Accidental Release Requirements rule (40 CFR Part 68) on June 20, 1996. The Clean Air Act Amendments of 1990 allows for the delegation of the federal EPA authority for the Accidental Release Requirement rule to a state implementing agency. (0 The Department shall undertake the delegation of EPA's authority by the regulatory revision process enacted in this chapter. The Department shall act to maintain EPA's delegated authority once it is obtained. The Delaware "Regulation for the Management of Extremely Hazardous Substances" which became effective on September 25, 1989 and was modified on December 18, 1995 shall remain in effect until the revised regulation becomes effective on or before June 21, 1999. § 7703. Purpose, goal and scope. The purpose of this chapter is to protect the lives and health of citizens of the State living and working in the vicinity of facilities with extremely hazardous substances. This chapter is concerned with the prevention of sudden releases of EHS and the generation of pressure waves and thermal exposures beyond the property boundaries of the facility where they occur and the catastrophic health consequences caused by short-term exposures to such accidental releases. This chapter has the goal of prevention of such catastrophic events by requiring responsible person(s) having extremely hazardous substances on-site to take all feasible actions needed to minimize the probability of catastrophic events. It is the intent of this chapter to complement and be enforced in conjunction with other laws. The Department may, by regulation, exempt or establish a greater threshold quantity for an agriculture nutrient when exclusively used as an agricultural nutrient and held by a farmer. The Department shall, by regulation, determine whether other laws provide equal or more stringent protection according to the purpose of this chapter. In such instances, the Department may exempt a process containing an EHS from all or part of the elements of the risk management program developed under § 7710 of this chapter. Responsible person(s) from a regulated fvility may select cost-effective methods of achieving the purpose of this chapter where a risk management program appropriate to the risk is in effect. EHS already under the jurisdiction of other laws may continue to be used subject to the provisions of this chapter. Individual containers of EHS for retail sale only are not regulated by this chapter. § 7704. Policy and General Duty. The General Assembly believes that every person in control of or associated with an EHS is responsible for operating in a manner consistent with the purpose of this chapter. It is their obligation to develop and implement a risk management program that anticipates and minimizes the chances of catastrophic events. The facility risk management plan and the risk management program implementation shall be subject to review by the Department. It shall be the objective of the regulations and programs established under this chapter to prevent accidental releases and to minimize the consequehces of any such release of any substance listed pursuant to § 7707 of this title or any other extremely hazardous substance. Every person in control of or associated with any such substance that is produced, processed, handled or stored has a general duty to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. Nothing in this chapter shall be interpreted, construed, implied or applied to create any liability or basis for suit for compensation for bodily injury or any other injury or property damages to any person that may result from accidental releases of such substances. § 7705. Definitions. As used in this chapter: "Actual Quantity" (AQ) means the sum of all the physical quantities of a specific EHS in whatever form at the maximum design capacity of the facility. "A catastrophic event" means a sudden release of a sufficient quantity of an EHS, a pressure wave or a thermal exposure beyond the property boundaries of a facility which may cause death or permanent disability to a person because of a single short-term exposure. In this definition, an accidental fire at a non regulated facility is excluded from consideration as a catastrophic event creating EHS. Chapter 308 789 Vol. 71 790 Chapter 308 Vol. 71 "Department" means the Department of Natural Resources and Environmental Control. "EPA" means the United States Environmental Protection Agency. "Extremely hazardous substance list" (EHSL) means a compilation of ENS that meets the criteria set forth in § 7707 of this title. "Extremely hazardous substance" (EHS) means a substance in the form of a gas, liquid, solid, vapor, powder, aerosol or mixture of these states which is listed pursuant to § 7707 of this title. "Facility" means an area bounded by a property line where a person has El-IS present, or the sum of adjacent such areas separated by less than 100 meters under common management control. "Inspection Notes" means handwritten statements or descriptions made during an inspection used to aid memory when preparing the inspection report. "05I-1A" means the United States Department of Labor, Occupational Safety and Health Administration. "Person" means a natural person, partnership, limited partnership, trust, estate, corporation, custodian, association nominee or any other individual entity in its own or any representative capacity. "Release" means the introduction of an EHS into the atmosphere that, by means of atmospheric dispersion under average atmospheric conditions for Delaware, will cause an ENS to be conveyed outside of a facility or the generation of a pressure wave or a thermal exposure beyond the facility's boundary. "Responsible person(s)" means (i) for a corporation: a president, vice-president, secretary, or treasurer of the corporation or any other person who performs similar policy or decision making functions for the corporation, or a duly authorized representative of such person approved in advance by the Department (which may be the "contact person" as indicated in the RMP), (ii) for a Partnership, Limited Partnership or Sole Proprietorship: a general partner or the proprietor, respectively, or the delegation of authority to a representative approved in advance by the Department (which may be the "contact person" as indicated in the RMP), or (iii) for a Municipality, State, Federal, or other public agency: either a principal executive officer, a ranking elected official, or a duly authorized representative of such person approved by the Department (which may be the "contact person" as indicated in the RMP), A "risk management plan" (RMP) is information which shall be submitted by each EPA regulated facility in a method and format to a central point as specified by EPA prior to June 21, 1999. This information shall contain an executive summary, registration, five-year accident history, off-site consequence analysis, prevention program summary, summary of the emergency response program, and a certification statement by the facility owner or operator. For substances regulated by Delaware but not regulated by EPA, the risk management plan shall be submitted in a method and format to a central point as specified by the Department, by regulation, prior to June 21, 1999. The RMP from each facility will be made available to the Department, the State Emergency Response Commission, the Local Emergency Planning Committees, to other state agencies involved in emergency planning and preparedness and the citizens of the State. "Risk management program" means all activities intended to reduce risk, including, but not limited to, the consideration of technology, personnel and facilities, and is more fully described in § 7710 of this title. "Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or his designee. "A substance hazard index" (SHI) means a calculated number which relates the relative danger of a substance considering substance toxicity and ability to disperse in the atmosphere as specified in § 7707 of this title. "Threshold quantity" (TQ) means the amount of EHS sufficient to cause a catastrophic event. The threshold quantity shall be calculated based on the criterion established in § 7707(b) of this title. "Unit" as used in § 7714 of this chapter is defined as the actual quantity of EHS on a facility within a process divided by the threshold quantity. § 7706. Regulations. The Secretary may adopt, amend, modify or repeal regulations, after public hearing, to effectuate the policy and purpose of this chapter. Cost effectiveness, technical feasibility, risk to public health and risk reduction effectiveness are factors that must be considered by the Department in making its findings and developing regulations. In no case shall the costs of risk management program provisions be the deciding factor if the result would jeopardize the purpose of this chapter. When developing regulations, the Department shall establish an ad hoc committee of interested persons. When establishing this committee, the Department shall solicit the involvement of interested persons such as but not limited to the following: Secretaries or their designees of the Department of Natural Resources and Environmental Control, the Department of Agriculture, the Department of Public Safety and the Department of Health and Social Services; the State Fire Marshal or a designee; a member of the Delaware Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member of the Delaware City Community Awareness Emergency Response Committee; a member of the Citizens Advisory Committee to the Department of Natural Resources and Environmental Control; a member of the Delaware Petroleum Council; and citizens of the State representing public organizations with a concern for the environment. The Department Secretary (or a designated person) shall chair the committee. The regulations developed for this chapter by the Department shall be periodically reviewed. In addition, the Department shall develop cooperative agreements as needed with the Division of Public Health, the Department of Public Safety, Office of the State Fire Marshall and any other private, public agency or federal agency. § 7707. Extremely hazardous substance list. (a) The Department shall develop and adopt regulations for the identification of extremely hazardous substances. An EHSL shall be developed based on at least one of the following criteria: ( 1 ) Extremely toxic substances: Substances are regulated because of their extreme toxicity, ability to disperse, and quantity. Each substance shall be assigned a Substance Hazard Index (SHI) number to rank the risk associated with the substance. Substances with an SHI greater than or equal to 8000 shall be regulated. The SRI is derived as follows: SHI EVG ATC Where: Chapter 308 791 Vol. 71 792 Chapter 308 Vol. 71 ATC is the acute toxicity concentration in parts per million defined as the lowest reported concentration, based on recognized scientific protocols, that will cause death or permanent disability to humans from an exposure duration of 1 hour. Extrapolations from various sources of data are permitted using scientifically recognized methods. If toxicity data based on recognized scientific protocols are unavailable, the EHS ATC is set at 10.0 parts per million. Where: EVC is the equilibrium vapor concentration at 20°C. defined as the substance vapor pressure at 20°C. in millimeters of mercury multiplied by 1,000,000 divided by 760. For powders, solids or aerosols, the substance vapor pressure is replaced by the maximum substance concentration that can be conveyed in air after a settling distance of 100 meters from the point of emission. Explosive substances: Substances are regulated because of their extreme reactivity, instability or explosiveness and creation of associated pressure waves, either inside of confined spaces or in the open atmosphere. Flammable and combustible substances: Substances are regulated because of their ability to ignite and burn rapidly, thus creating the possibility of high thermal exposure. Industry standards such as National Fire Protection Association, NFPA 30 may be used as a basis for defining compliance with the terms and conditions of this chapter. In developing the EHSL to undertake and maintain the delegation of EPA's authority, the Department shall, by regulation, consider each of the following criterion: The severity of any acute adverse health effects associated with accidental releases of the substance; The likelihood of accidental releases of the substance; and The potential magnitude of human exposure to the accidental releases of the substance. (b) The Department shall develop and adopt regulations which determine the TQ of each EHS. In developing the TQ for each regulated substance, the Department shall consider the following: For extremely toxic substances: The Department shall identify the TQ of El-IS that require registration and regulation. For a given El-IS, the threshold quantity shall be calculated based on commonly recognized atmospheric modeling procedures and mortality/exposure probabilities calculated for an average individual. For extremely explosive substances: The threshold quantity shall be calculated based on commonly recognized procedures to predict the potential impact of a given substance. For extremely flammable substances: The threshold quantity shall be calculated based on commonly recognized procedures to predict the burning characteristics, fire size, thermal radiation generation and dissipation with distance and the consequences of a fire. Industry standards such as National Fire Protection Association "Flammable and Combustible Liquids Code" NFPA 30 may be used as a basis for defining compliance with the terms and conditions of this chapter. (4) In developing the threshold quantities for the EHSL to undertake and maintain the delegation of EPA's authority, the Department shall, by regulation, take into account the toxicity, reactivity, volatility, ability to disperse, combustibility, or flammability of the substance and the amount of the substance which, as a result of an accidental release, is known to- cause or may reasonably be anticipated to cause death, injury, or serious adverse effects to human health for which the substance was listed. The Department shall have the power to amend, by regulation, the identification of EHS and the EHSL on the basis of information or scientific data that may become available to the Department. When the actual quantity of an EHS is greater than or equal to the TQ established by the Department, a responsible person(s) must: (I) Submit the information required pursuant to § 7709. (2) Implement a risk management program pursuant to § 7710. (3) Pay the annual fee pursuant to * 7714. When the actual quantity of an EHS is less than the TQ or when any other hazardous substance is present at a facility, then responsible person(s) must comply with the General Duty statement pursuant to § 7704(a). § 7708. Risk management plan. Prior to January 1, 1999, the Department shall develop regulations and appropriate guidance to aid the regulated facilities in Delaware in complying with their obligations to submit a risk management plan (RMP). It is the belief of the General Assembly that the federal database of facility RMPs can and should be used to replace the previous system of state registration. The Department shall have the authority to develop its own Risk Management Plan submission process by regulation should the federal system fail to meet the needs of the Department in carrying out the provisions of this chapter. Should the Department develop its own RMP submission process, the RMP shall be submitted in a method and format to a State of Delaware central point as specified by the Department prior to June 21, 1999. Each facility ItIvIP shall be made available by the Department to the State Emergency Response Commission, the Local Emergency Planning Committees, to other state agencies involved in emergency planning and preparedness and to citizens of the State. § 7709. Risk management program. (a) The Department shall adopt, pursuant to § 7706 of this title, regulations stating the critical provisions of a risk management program. The provisions will include, but not be limited to: Design standards review. Modification control and documentation of equipment and procedural changes. Chapter 308 793 Vol. 71 794 Chapter 308 Vol. 71 Hazard Review of all processes and equipment associated with EHS with an emphasis on preventing, avoiding, minimizing and containing extreme risks. Operating instructions. Maintenance and inspection procedures and requirements for all equipment in extremely hazardous substance services. Operator training program with a means of determining proficiency. Incident investigation procedures and remedial action requirement. Inspection and auditing requirements. Compliance with each of these provisions must be documented by written records. Each of these provisions shall be updated as required. All persons with an actual quantity of an EHS that is equal to or exceeds the threshold quantity must implement a risk management program appropriate to the facility risk . Facilities built or modified on or after June 21, 1999 that have a process containing an EHS; or existing facilities implementing a new process containing an EHS; or existing facilities introducing a new EHS into an existing process, must implement a risk management program appropriate to the facility risk prior to introduction of the EHS to the process, Responsible person(s) are required to certify to the Department that a risk management program that meets Department criteria is in place at the facility. The certification statement that is part of the federal RMP facility submission may act to fulfill this requirement. The risk management program shall be available to the Department for review at each facility at scheduled inspections. § 7710. Inspection. (a) Inspection program components--Essential components of a facility inspection shall include at a minimum: A sampling of all required risk management program documentation; A physical inspection of equipment associated with the process containing the EHS to verify implementation of the risk management program; Evidence of the application of engineering and maintenance standards associated with EHS substances; and Sampling interviews of personnel associated with EHS to verify that the provisions of the risk management program have been implemented. (b) Confidential information--All documents (such as, but not limited to: inspection reports, responses to inspection reports, notices of violation, Administrative Orders and Penalties, correspondences, and facility RMPs) submitted to the Department or developed by the Department pursuant to this chapter shall be handled consistent with the Freedom of Information Act (29 Del. C Chapter 100) with the exception of the following which shall be maintained as confidential by the Department: (1) Sections of Inspection Notes containing or relating to trade secrets, and/or commercial or financial information observed, viewed, or Chapter 308 795 Vol. 71 obtained orally during an inspection that may result in substantial harm to a business' competitive edge. (2) Sections of Inspection Notes containing the identity of persons interviewed during the inspection. Inspection program schedule.--The Department shall develop and issue a phased initial inspecting program on the basis of degree of risk. Facilities with extremely hazardous substances having the highest substance hazard indexes shall be inspected before facilities with lower indexed extremely hazardous substances. Facility inspections shall continue during the regulation revision process and be an integral part of the revised regulation. The Secretary may determine the frequency of inspection of a specific facility, based on: (1) Compliance history; (2) the recent occurrence of an incident involving an extremely hazardous substance; or (3) recent compliance with the provisions of this chapter. Each facility shall be inspected at least once every 3 years. Inspection protocol -- All inspections shall be conducted by trained and tested state personnel or representatives. All inspections shall be conducted within the limits of a thorough Risk Management Program Inspection Protocol issued by the Department and adopted after public hearing. The Protocol consists of specific questions, facility characteristics, required risk management program components, physical observations and interviews. Inspection training program -- The Department shall have a training program to periodically educate and test state employees or representatives responsible for inspecting regulated facilities. The program shall also be available to pertonnel responsible for operation of facility risk management programs in accordance with the purpose of this chapter. Preparation of such a training program shall make full use of appropriate available resources. Successful completion of such a training program is a requirement for all state employees or representatives responsible for inspecting regulated facilities or dealing with implementation of this chapter. (I) Access to facilities and records -- The Department has the right to enter any facility at any time to verify compliance with the provisions of this chapter. Inspections for the purpose of document review shall be scheduled with the facility with reasonable advance notice and, when possible, mutual agreement. Inspectors shall comply with all safety regulations of the facility. A report of compliance or noncompliance -- The Department shall issue an inspection report detailing the findings of compliance or noncompliance with the risk management program requirements for each inspection. This report shall contain the Department's recommendations based on inspection for potential improvements to a facility's risk management program. In the event that the Department has a finding of substantial noncompliance, the Department may issue a written notice of violation and may proceed as detailed in § 7715 of this chapter. Resolution of unfavorable inspection findings -- Responsible person(s) of the facility shall respond to the Department's recommendations from the written inspection report within 60 days and notify the Department of any changes and additions to improve their risk management program or respond with a remediation plan and schedule for the Department's approval. Upon a finding of substantial noncompliance with the risk management program, with the risk management plan, or upon a finding of failure to implement the approved remediation plan or schedule, the Department may proceed as detailed in § 7715 of this chapter. Written agreement -- If the responsible person(s) and the Department agree on measures to correct risk management program deficiencies or omissions, the parties may enter into a written agreement. 796 Chapter 308 Vol. 71 Issuance of administrative order -- If, after notice to the responsible person(s) of the facility and an administrative hearing with written findings, the parties are unable to reach an agreement on improvements to the facility risk management program to bring it into compliance, the Department shall issue an administrative order requiring correction of deficiencies of the risk management program including a schedule for the corrections as detailed in § 7715 of this chapter. Injunctive relief -- If, upon Department inspection and notice to the responsible person(s) of the facility, a functioning risk management program is lacking and a situation exists which demonstrates the purpose of this chapter is in real and imminent jeopardy, the Department may promptly seek injunctive relief in Chancery Court. § 7711. Notification requirements. Construction and operating permits shall be granted by state agencies for facilities and equipment involving extremely hazardous substances regulated under this chapter only after notification by those agencies to the Department and written confirmation by any person involved that the permit applicant has been notified of the requirements of this chapter and its regulations. § 7712. Information program. The Department, assisted by the Division of Public Health of the Department of Health and Social Services, the Department of Public Safety and the Delaware Development Office, shall prepare and implement an information program designed to inform the general public, local public officials and the business community about the requirements of this chapter and regulations adopted thereto, about the health risks of accidental releases of extremely hazardous substances and about means available to minimize the chances of accidental catastrophic releases of such substances. The information program shall include information about current risk management programs of industrial companies and business establishments in Delaware as well as emergency plans, public and private, to protect the public in cases of catastrophic accidental releases of extremely hazardous substances. The Department may cooperate with other groups for purposes of this program. § 7713. Fees. The Department is authorized to charge and collect fees from persons with extremely hazardous substances pursuant to §§ 7707 and 7709 of this title. Fees shall be a minimum of $500 per year for the first whole unit and $25 per year for each additional unit to a maximum of 300 units. The Department may assess a fee to cover additional actual costs to the Department for any facility whose submitted RMP or whose risk management program records that are made available during inspection are inaccurate or incomplete to the extent that the RMP and/or inspection of the facility cannot be accomplished within a reasonable time. The Department shall include documentation with the assessment of its findings or condition of the records on which the assessment is based. All fees collected under this section are hereby appropriated to the Department for its use for the purposes of this chapter. § 7714. Violations and penalties. (a) If any person violates any of the provisions of this chapter, or any rule, regulation or order promulgated or issued thereto, the Department may institute a civil action in Chancery or Superior Court or any other appropriate relief to prohibit or prevent this violation. Chapter 308 797 Vol. 71 In addition to the remedies set forth in subsection (a) of this section, one of the following shall apply: (I) Whenever the Secretary determines that any person has failed to submit a complete risk management plan as required by § 7709 of this title or does not have a substantially complete risk management program in place as required by § 7710 of this title , such person shall be liable for an administrative penalty of up to $10,000 per day of violation and the Secretary may order those operations that present a real and imminent hazard to cease, after notification to the responsible person(s). All penalties collected under this subsection are hereby appropriated to the Department for its use for the purpose of this chapter. (2) Whenever the Secretary determines that any person is in substantial noncompliance with a provision of the risk management program for the facility, such person shall be liable for an administrative penalty of up to $10,000 for each day of the violation. Upon a finding of a significant hazard to the public, the Secretary may seek injunctive or other relief in Chancery Court to order those hazardous operations to cease and desist. All penalties collected under this subsection are hereby appropriated to the Department for its use for the purposes of this chapter. (I) Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such a penalty shall be given to the responsible person(s), and the responsible person(s) shall have 30 days from receipt of the notice to request a public hearing. Any public hearing, right of appeal and judicial appeal shall be conducted pursuant tp § 7716 of this title. The amount of the administrative penalty shall be determined based on the nature, circumstances, extent and gravity of the violation or violations, and such other matters as justice may require. Simultaneous violations of more than 1 provision of the risk management program shall be treated as a single violation for each day. In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in a court of competent jurisdiction for the collection of the administrative penalty, including interest, attorney's fees and costs. The validity and appropriateness of such administrative penalty shall not be subject to review. (0) Any person who willfully or intentionally violates a material provision of this chapter or of an risk management program shall be subject to a criminal fine of not more than $25,000 for each day of such violation, or imprisonment for 1 year, or both. The Superior Court shall have jurisdiction of offenses under this subsection. The Secretary may order those operations that pose a hazard to the public to cease. (e) Compliance with this chapter shall not constitute a defense for a violation of any other law or regulation of the State. § 7715. Hearings. Any public hearing held by the Secretary pursuant to this chapter shall be held in accordance with § 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation. § 7716. Appeals. (a) Any person(s) whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. Chapter 308 Vol. 71 (b) Any person or persons, jointly or severally, or any/taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Environmental Appeals Board, may appeal to the Superior Court in accordance with § 6009 of this title." § 7717. Inconsistent Laws Superseded. All laws or regulations inconsistent with any provision of this Chapter are hereby superseded to the extent of the inconsistency; provided, however, that rights of person(s) to recover damages shall not be affected by this Chapter. Approved June 25, 1998 CHAPTER 309 FORMERLY HOUSE BILL NO. 545 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend § 6902(1)d., Title 29 of the Delaware Code by adding the phrase "volunteer ambulance/rescue companies" after the phrase "University of Delaware", as it appears in subsection d. Section 2. Amend § 6902(18), Title 29 of the Delaware Code by redesignating such subsection as subsection "(19)". Section 3. Amend § 6902, Title 29 of the Delaware Code by creating a new subsection "(18)" as follows: "(18) 'Volunteer ambulance/rescue companies' means a volunteer ambulance or rescue company certified as such by the State Fire Prevention Commission." Approved June 25, 1998 Chapter 310 799 Vol, 71 CHAPTER 310 FORMERLY SENATE BILL NO. 242 AN ACT TO AMEND TITLE 29, CHAPTER 69 OF THE DELAWARE CODE RELATING TO WAGE PROVISIONS IN PUBLIC CONSTRUCTION CONTRACTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Amend Subsection (c), Section 6960, Chapter 69, Title 29 of the Delaware Code by adding a new sentence to read as follows: "The Department of Labor shall keep and maintain the sworn payroll information for a period of six (6) months from the last day of the work week covered by the payroll." Approved June 25, 199& CHAPTER 311 FORMERLY SENATE BILL NO. 243 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FRAUD OVERPAYMENTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 3315(6), Title 19 of the Delaware Code by adding the following sentence at the end of the current section: "A disqualification issued pursuant to this subsection shall be considered a disqualification due to fraud." Approved June 25, 1998 800 Chapter 312 Vol. 71 CHAPTER 312 FORMERLY SENATE BILL NO. 245 AN ACT TO AMEND TITLE 29, CHAPTER 69 OF THE DELAWARE CODE RELATING TO WAGE PROVISIONS IN PUBLIC CONSTRUCTION CONTRACTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Amend Subsection (f), Section 6960, Chapter 69, Title 29 of the Delaware Code by adding a new sentence to read as follows: "The Department of Labor shall not be required to pay the filing fee or other costs of the action or fees of any nature to file 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. The Department shall have the authority to join various claimants in one preferred claim or lien and, in case of suit, to join them in one cause of action." Approved June 25, 1998 Chapter 313 Vol. 71 CHAPTER 313 FORMERLY SENATE BILL NO. 297 AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY IN SUSSEX COUNTY, FORMERLY KNOWN AS THE BROADK1LL SCHOOL. WHEREAS, the State of Delaware once operated a school in Sussex County known as Broadkill School; and WHEREAS, said school has been closed since 1944; and custody of the property was subsequently transferred to the Sussex County Department of Elections; and WHEREAS, in recent years the property has ceased to be used for any constructive purpose, has fallen into disrepair, and represents an eyesore as well as a threat to the safety and welfare of the community; and WHEREAS, the Department of Elections has declared the property surplus; and WHEREAS, the property upon which said School is situated was originally granted to the State of Delaware by the family of Albert Lank in the year 1923 for a nominal sum; and WHEREAS, Albert Lank remains the owner of and resides at adjoining property to this day; and WHEREAS, Mr. Lank has expressed an interest in having the property returned to his ownership and care; and WHEREAS, the cost of repairing, restoring, or demolishing the improvements exceeds the value of the property; NOW THEREFORE: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fourths of all members elected to each House thereof concurring therein): Section I. Notwithstanding any provisions to the contrary, including those contained in Title 29, Chapter 94 of the Delaware Code relating to surplus property, the transfer and conveyance of the following described real property to Mr. Albert Lank for the consideration of one dollar ($1.00) is hereby specifically approved: All that certain lot, piece, or parcel of land, situate in Sussex County and the State of Delaware, being more particularly described as follows, to wit: All that parcel identified in the land records of Sussex County as tax parcel number 2-35- 8-85, recorded in Deed Book 633, page 967, consisting of 1.86 acres more or less, with improvements, be they such as they are. Section 2. The appropriate State agency is hereby authorized and empowered to execute and deliver to Mr. Lank a good and sufficient deed to the said real property. Section 3. Mr. Lank shall bear any costs associated with the acquisition and transfer of title; and accepts the property in its present as-is condition. Section 4. This bill becomes effective upon its enactment into law. Approved June 25, 1998 801 802 Chapter 314 Vol. 71 CHAPTER 314 FORMERLY HOUSE BILL NO. 605 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend § 581(a), Title 30 of the Delaware Code, by inserting between the words "state" and "imposing" as they appear together in said subsection the following phrase: the District of Columbia, or any possession or territory of the United States". Section 2. Amend § 2102, Title 30 of the Delaware Code, by deleting said section in its entirety and substituting in lieu thereof the following: "Section 2102. Term of licenses All licenses issued pursuant to Title 30 of the Delaware Code (except Chapters 33, 51, and 52) shall expire annually upon the last day of December next succeeding the date of issue, unless otherwise provided by law. Lost or stolen license certificates may be replaced for their unexpired terms upon payment to the Department of Finance of a fee of $15.00.". Section 3. Amend § 2301(c)(2), Title 30 of the Delaware Code, by striking the amount "$3,000" as it appears in said paragraph and substituting in lieu thereof the amount "$8,500". Section 4. Amend § 1902(b), Title 30 of the Delaware Code, by striking the period "." at the end of paragraph (16) of said subsection, substituting in lieu thereof a semicolon ";" and by adding to said subsection a new paragraph (17) to read as follows: "(17) An entity that is a homeowners association as defined in § 528 of the Internal Revenue Code (26 § 528) or successor provision.". Section 5. Amend § 2903(a), Title 30 of the Delaware Code, by striking the reference to paragraph "(7)b. of § 2901 of this title" and substituting in lieu thereof a reference to paragraph "(7)a.2. of § 2901 of this title". Section 6. Amend § 502(b), Title 30 of the Delaware Code, by adding to said subsection a new paragraph (12) to read as follows: "(12) (A) 'Last known address,' except as provided in subparagraph (B) of this paragraph, shall mean: (i) the address for the receipt of mail last made known by the taxpayer to the Division of Revenue on a tax return or written notice; or (ii) a mailing address with respect to such taxpayer provided directly, or indirectly through a service provider, by the United States Postal Service to the Division of Revenue whichever address shall have been provided later to the Division of Revenue. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, 'last known address shall mean the address determined under subdivision (i) of subparagraph (A) whenever the taxpayer shows that the address determined under subdivision (i) is his actual address and that the address determined under subdivision (ii) of subparagraph (A) is not his actual address, or that mail sent to the address determined under subdivision (i) is more likely to reach him than mail sent to the address under subdivision (ii).". Section 7. Amend § 534, Title 30 of the Delaware Code, by adding to said section a new subsection (h) to read as follows: "(h) In the case of failure of an employer required to deposit taxes by electronic funds transfer under the provisions of § 1154(0 to make transfer by such means, unless it is shown that such failure is due to reasonable cause and not due to wilful neglect, there shall Chapter 314 803 Vol. 71 be added to the amount shown as tax required to have been electronically transferred 5% of the amount or $500 per required payment, whichever is less.". Section 8. Amend § 1174(b), Title 30 of the Delaware Code, by deleting said subsection in its entirety and re-designating subsection (a) of said section accordingly. Section 9. Amend Title 30 of the Delaware Code by adding thereto a new § 2015 to read as follows: "§ 2015. Successors in title. Notwithstanding any other provision of this subchapter, § 2011 and § 2012 shall also apply to a successor in title who acquires a facility through purchase or a transaction described in § 368(a)(1) of the Internal Revenue Code 26 U.S.C. § 368(a)(1)] (or successor provision) for so long as such qualified facility continues to be a qualified facility with respect to such successor, but such qualification shall cease at the same time it would have ceased had the property remained under the same ownership as was the case on the date the qualified facility was placed in service.". Section 10. Sections 1, 2, 4, 5, and 6 of this Act shall be effective upon its enactment into law. Sections 3 and 7 of this Act shall be effective for taxable periods commencing after December 31, 1998. Section 8 shall be effective for tax years commencing after December 31, 1997. Section 9 shall be effective for all tax periods during which § 2011 and § 2012 of Title 30 shall have been effective, subject to the provisions of § 539 of Title 30. Approved June 25, 1998 804 Chapter 315 Vol. 71 CHAPTER 315 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 407 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein): Section 1. Amend Chapter 9, Section 905(b), by deleting the subsection in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "(b) Nothing in this section shall apply to the making of' beer, cider or wine for personal consumption and not for the purpose of sale, nor to fermented liquids used in the manufacture of vinegar exclusively; however, no pipe, conductor, or contrivance of any description whatsoever whereby vapor might in any manner be conveyed away and converted into distilled spirits, shall be used or employed or be fastened to or connected with any apparatus used for the manufacture of beer, cider, wine, or vinegar except in the case of a duly licensed manufacturer. Any violation of the provision of this subsection shall carry the same penalties as provided in subsection (a) of this section." Section 2. Amend Chapter 7, Section 707, by deleting the subsection in its entirety and substituting in lieu thereof a new Section 707 with subsections (a) through (d) to read as follows: "§ 707. Home manufacture of beer or wine for personal consumption. No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for the personal consumption only of the homeowner(s), their families, or their guests; provided, however, that such beer or wine shall not be offered for sale. Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act. Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions. Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not "home-manufactured beer or wine" for purposes of this section, and all Commission regulations and tax requirements concerning home-manufactured beer or wine shall not apply to concentrated alcoholic beverages." Section 3. This Act shall become effective upon its enactment into law. Approved June 25, 1998 CHAPTER 316 FORMERLY SENATE BILL NO. 238 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SMOKING RESTRICTIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend Title 16, Section 2903 (a) (3) of The Delaware Code by deleting the words "when occupied by passengers" after the word "transportation" and before "including" Approved June 25, 1998 Chapter 316 805 Vol. 71 CHAPTER 317 FORMERLY HOUSE BILL NO. 649 AS AMENDED BY HOUSE AMENDMENT NOS. 1,2 AND 3 AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO TERMINATION OF PARENTAL RIGHTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend Section 1101(1) of Title 13 of the Delaware Code by striking it in its entirety and by substituting in lieu thereof the following: "(1) 'Abandoned' shall be interpreted as referring to: (a) a minor who has not attained six months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent has failed to: I. make reasonable and consistent payments, in accordance with the respondent's financial means, for support of the minor; and visit regularly with the minor; and manifest the ability and willingness to exercise parental responsibilities if, during this time, the minor was not in the physical custody of the other parent. (b) a minor who has not attained six months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent has manifested the unwillingness to exercise parental rights and responsibilities, as evidenced by the respondent's placing the minor in circumstances which leave the minor in substantial risk of injury or death. (c) a minor who has attained six months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent, for a period of at least six consecutive months immediately preceding the filing of the petition, has failed to: I. make reasonable and consistent payments, in accordance with the respondent's financial means, for support of the minor; and communicate or visit regularly with the minor; and manifest the ability and willingness to exercise parental responsibilities, if during this time, the minor was not in the physical custody of the other parent. The respondent's act of abandonment cannot be cured by subsequent conduct. No present intent to abandon the minor need be proved by the petitioner." Section 2. Amend Section 1103(a)(4) of Title 13 of the Delaware Code by striking it in its entirety and by substituting in lieu thereof the following: "(4) The respondent has been found by a court of competent jurisdiction to have: a. committed a felony level offense against the person, as described within Subchapter II of Chapter 5 of Title 11 of this Code, in which the victim or any other child is the subject of the petition; or 806 Chapter 317 Vol. 71 Chapter 317 807 Vol. 71 aided or abetted, attempted, conspired or solicited to commit an offense set forth in subparagraph a. of this paragraph; or committed or attempted to commit the offense of Dealing in Children, as set forth in § 1100 of Title 11 of the Delaware Code." Section 3. Amend Section I103(a)(5) of Title 13 of the Delaware Code by striking it in its entirety and by substituting in lieu thereof the following: "(5) The parent or parents of the child, or any person or persons holding parental rights over the child, are not able, or have failed, to plan adequately for the child's physical needs or mental and emotional health and development, and one or more of the following conditions are met: a. In the case of a child in the care of the Department or a licensed agency: I. The child has been in the care of the Department or licensed agency for a period of one year, or for a period of six months in the case of a child who comes into care as an infant, or there is a history of previous placement or placements of this child; or There is a history of neglect, abuse or lack of care of the child or other children by the respondent; or The respondent is incapable of discharging parental responsibilities due to extended or repeated incarceration, except that the Court may consider post-conviction conduct of the respondent; or The respondent is not able or willing to assume promptly legal and physical custody of the child, and to pay for the child's support, in accordance with the respondent's financial means; or (5) Failure to terminate the relationship of parent and child will result in continued emotional instability or physical risk to the child. In making a determination under this paragraph, the Court shall consider all relevant factors, including: (i) whether the conditions that led to the child's placement, or similar conditions of a harmful nature, continue to exist and there appears to be little likelihood that these conditions will be remedied at an early date which would enable the respondent to discharge parental responsibilities so that the child can be returned to the respondent in the near future; (ii). the respondent's efforts to assert parental rights of the child, and the role of other persons in thwarting the respondent's efforts to assert such rights; the respondent's ability to care for the child, the age of the child, the quality of any previous relationship between the respondent and the child or any other children; the effect of a change of physical custody on the child; and the effect of a delay in termination on the chances for a child to be placed for adoption. b. In the case of a child in the home of a stepparent or blood relative: Chapter 317 Vol. 71 I. The child has resided in the home of the stepparent or blood relative for a period of at least 1 year, or for a period of 6 months in the case of an infant; and 2. The Court finds the respondent is incapable of discharging parental responsibilities, and there appears to be little likelihood that the respondent will be able to discharge such parental responsibilities in the near future." Section 4. Amend Section 1103(a) of Title 13 of the Delaware Code by adding thereto a new subsection to read: "(6) The respondent's parental rights over a sibling of the child who is the subject of the petition have been involuntarily terminated in a prior proceeding." Section 5. Amend Section 1103 of Title 13 of the Delaware Code by adding thereto a new subsection to read: "(d) The Department is not required to perform, but is not prohibited from performing, reunification and related services as outlined in Chapter 90 of Title 29 of the Delaware Code when the grounds for termination of parental rights are those stated in Subsections (a)(2), (a)(4) or (a)(6) of this section." Section 6. This bill shall be applied retroactively to all petitions filed alter October 3, 1996. Approved June 27, 1998 CHAPTER 318 FORMERLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 234 AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO CONTROL OF THE RIGHTS-OF-WAY IN THE UNINCORPORATED AREAS OF THE STATE, INCLUDING THE CONTROL OF SIGNS AND OTHER COMMERCIAL ACTIVITIES WITHIN THE RIGHTS-OF-WAY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: WHEREAS, the State has a significant investment in thousands of miles of rights-of-way outside of the incorporated areas of the State; and WHEREAS, while these rights-of-way are a valuable resource, their primary purpose must always be for the safe use of the traveling public and the citizens of this State; and WHEREAS, on occasion, non-official interests have assumed that they are entitled to free use of locations on these rights-of-way for their purposes, regardless of the risks their activities may present to others; and WHEREAS, this use of rights-of-way for commercial or other non-official purposes has led to such activities as the placement of vending machines, signs, and other devices on the rights-of-way, without regard to safety or the legal obligation not to trespass on the property of others; and WHEREAS, the State attempted to justify its previous enforcement actions against non-official signs presenting a sight distance or safety hazard, in the First Amendment case titled Rappa v New Castle County; however, the U.S. Third Circuit Court of Appeals ruled that the State had only the obligation to maintain pavement integrity, and no duty to maintain a safe "clear zone" for use of these rights-of-way, that Subchapter I. of Chapter 11, Title 17, Delaware Code, was unconstitutional because of an exception contained therein relating to signs announcing cities, industries, and meetings, such as Rotary Club meeting/location signs, and indicated how this subchapter should be amended so as to avoid finding it facially unconstitutional. NOW, THEREFORE: BE IT RESOLVED by the House of Representatives of the 139th General Assembly of the State of Delaware that the obligation to maintain safe clear zones in the rights-of-way should be affirmed; that appropriate restrictions against non-official uses of these rights-of-way should be provided; and, that a rational means of addressing First Amendment concerns, while maintaining the safety of these rights-of-way, is both fitting and proper. Section 1. Amend Section 1108, Chapter 11, Title 17, Delaware Code, by deleting the phrase "Public Instruction" appearing therein, and inserting in lieu thereof the word "Education". Section 2. Amend Section 1114(6), Chapter 11, Title 17, Delaware Code, by deleting the phrase "bearing announcement of any town, village or city advertising itself or local industries, meetings, building, historical markers" appearing therein and inserting in lieu thereof the phrase "directing travelers to any town, village, city, historical site". Section 3. Amend Section 1114, Chapter 11, Title 17, Delaware Code, by creating a new subsection (7) to read as follows: Chapter 318 809 Vol. 71 Chapter 318 Vol. 71 "(7) Non-official signs displayed on transit shelters under contracts approved by the Department." ' Section 4. Amend Subchapter I., Chapter 11, Title 17, Delaware Code, by creating a new Section 1120 to read as follows: "Section 1120. Severability. If any exception, section, part, phrase, or provision of this Chapter or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the exception, section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the remainder of this Chapter or the application thereof." Section 5. Amend Section 1121, Title 17, Delaware Code, by deleting the phrase "Public Instruction" appearing therein and inserting in lieu thereof the word "Education". Section 6. Amend Section 508(a)(1), Chapter 5, Title 17, Delaware Code, by inserting the following between the phase "the posted security for completion" and the phrase "and whatever other terms" appearing in the third sentence thereof: the location of any decorative subdivision entrance signs installed by the developer". Section 7. Amend Chapter 5, Title 17, Delaware Code, by creating new Sections 525 526, and 527 to read as follows: "Section 525. Maintenance of clear zones within rights-of-way. The Department is authorized to maintain clear zones within the rights-of-way under its jurisdiction in the unincorporated areas of the State. In maintaining these clear zones, the Department shall have the immediate authority to remove artificial obstructions placed therein, including, but not limited to, non-official signs, poles, mailboxes not placed in conformance with Departmental regulation, or other hazards to safe passage. In removing artificial obstructions, the Department shall attempt to determine the owner of the obstruction and provide written notice and an opportunity for the owner to recover the obstruction after its removal. The Department shall also have the immediate authority to remove or trim vegetation growing within these rights-of-way. As used in this Chapter, the term 'clear zone' has the following meanings: For all roads except those described in subsection (2) of this subsection, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for a distance of ten (10) feet perpendicular to the pavement edge. For all interior streets within residential subdivisions, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for the shorter distance of either (i) seven (7) feet perpendicular to the pavement edge, or (ii) if there is a sidewalk adjacent to the street, the sidewalk edge further from the street. The total area within the median strips between traveled ways or on any channelization islands, except as permitted by Section 1108(d) of this Title. Section 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms. (a) Except as provided in subsection (b) of this section, there shall be no commercial activity within any rights-of-way under the Department's jurisdiction in the unincorporated areas of the State. As used herein, 'commercial activity' includes, Chapter 318 811 Vol. 71 without limitation, such activities as the placement of news boxes in such rights-of-way for the sale of newspapers, the placement of vending machines in such rights-of-way for the sale of goods, the placement of commercial advertising signs in such rights-of-way, or the sale of goods from vehicles parked within such rights-of-way. If a commercial activity occurs within the clear zone of any such rights-of-way, the Department shall treat the machines, fixtures, signs, or other materials used in such activity as an artificial obstruction under Section 525 of this Title, and may undertake the immediate removal of said materials as authorized therein. (b) Any of the following commercial uses of the rights-of-way shall be subject to enforcement under Chapter 11 of this Title: (I) Commercial activities occurring outside the clear zone; or The placement of non-official signs outside the clear zone; or The placement of vending machines at designated locations at safety roadside rest areas, as permitted by Section 132(c)(14) of this Title; or The placement of news boxes outside the clear zone; or Signs displayed on any school bus waiting shelter located with the approval of the Department of Education; or Non-official signs displayed on transit shelters pursuant to Department-approved contracts. Section 527.. Coordination with other statutes. In the event of a conflict between the provisions of Section 525 and 526 of this Chapter and the provisions of Chapter 11 of this Title, the provisions of Section 525 and 526 shall take precedence." Section 8. Severability. If any section, part, or provision of this Act or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the remainder of this Act or the application thereof. Approved June 27, 1998 812 Chapter 319 Vol. 71 CHAPTER 319 FORMERLY HOUSE BILL NO. 592 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF MOTOR VEHICLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section I. Amend §2104, Title 21 of the Delaware Code, by adding a new lettered subsection thereto as follows: "The Department shall allow the registration of motor vehicles owned by individuals who are not bona fide residents of Delaware upon presentation of an affidavit by the applicant, on a form approved by the Department, swearing or affirming: that the vehicle is principally garaged in Delaware; that the applicant is the owner of at least one other vehicle which is registered and insured in the state of the applicant's domicile; and to such other information not inconsistent with the provisions of this subsection as may be deemed appropriate by the Department or the Insurance Commissioner. An affiant shall notify the Division of Motor Vehicles and the affiant's automobile insurance company of any changes in the above conditions within thirty (30) calendar days from the date of change. The penalties prescribed by Title 18, Chapter 24 shall apply to a violation of this subsection." Approved June 29, 1998 CHAPTER 320 FORMERLY HOUSE BILL NO. 576 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF DEATHS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend § 3123(e) of Title 16 of the Delaware Code by adding at the end of the first sentence the following: "and a toxicology study shall be performed. If a cause of death cannot be determined after the toxicology study is performed, the remains and all reports and/or studies shalt be turned over to the Office of the Chief Medical Examiner for review." Approved June 29, 1998 Chapter 321 Vol. 71 CHAPTER 321 FORMERLY HOUSE BILL NO. 494 AS AMENDED BY HOUSE AMENDMENT NO. 1 AN ACT TO AMEND TITLE 21, DELAWARE CODE RELATING TO STREET RODS. 813 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein): Section 1. Amend Section 2197, Title 21, Delaware Code by striking the existing section thereof and substituting in lieu thereof the following: "(a) If any modified antique automobile manufactured prior to 1949, hereinafter referred to as a street rod, Is duly registered in the State, the owner of such street rod may apply to the Secretary of the Department of Public Safety, on special application, forms prescribed by the Secretary, for a special street rod automobile plate, to be displayed on such street rod in lieu of the standard vehicle registration plate. Street rods, unlike antiques, can be used for daily transportation and must have valid liability insurance. Upon receipt of an application for a special street rod automobile plate on a form prescribed by the Secretary, the Secretary shall issue to such applicant a special street rod automobile plate on a permanent basis, and it shall bear the inscription "STREET ROD" with yellow letters on a blue background. In addition, such plates shall have displayed thereon nib word "DELAWARE" the words "THE FIRST STATE" the expiration date of the plates and the vehicle number assigned to the vehicle by the Secretary. This special plate shall be issued for the applicant's use only for such automobile, and in the event of a transfer of title, the transferor shall surrender the special plate to the Secretary. Upon approval of the application the Secretary shall assess the applicant an initial fee of $25, in addition to the registration fee levied under this chapter. Thereafter such vehicle shall be presented at any inspection lane in this State prior to renewal of registration and, upon passing such inspection as prescribed in subsection F (street rod requirements) of this Section, the special plate shall be renewed upon payment of the registration fee levied under this chapter. Applicants shall, in addition to the prescribed registration validation sticker, be required to display a valid National Street Rod Association safety inspection sticker. A "street rod" shall mean a vehicle, the body and frame of which were manufactured prior to the year 1949 and which has been modified for safe road use, or a kit car which resembles that of an original pre 1949 vehicle and has also been modified for safe road use. For the purposes of this section "modified" means, but is not limited to, a substantial and material alteration, or replacement of the engine, drive-train, suspension or brake system or alteration of the body which may be chopped, channeled, sectioned, filled, or otherwise changed dimensionally from the original manufactured body. (1) Street Rod requirements: (1) Door latches: Every street rod that is equipped with doors leading directly into a compartment that contains one or more seating accommodations shall be equipped with mechanically or electrically activated door latches which firmly and automatically secure the door when pushed closed and which allow each door to be opened from the inside by the activation of a convenient lever handle or other suitable device. (2) Glazing: Every street rod shall be equipped with a laminated safety glass windshield that complies with the provisions appearing in the current ANSIz 26.1 Standard, AS! or AS10. The windshield shall be in such a position that it affords continuous horizontal frontal protection to the driver and front seat occupants. The minimum vertical height of the windshield glass shall be not less than seven (7) inches, or as originally equipped by a recognized manufacturer. Side and rear glass: These items are not required, but if they are present, they must comply with the provisions of current ANSI z 26.1 Standard. (AS I, AS2, AS4, A56, AS 10, or AS!!.) Window tinting: Shall be allowed only as permitted in Delaware Motor Vehicle Regulations, Title 21, Section 4313 and Department of Public Safety Policy Regulation number 76. (3) Hood Latches: A front opening hood should be equipped with a primary and a secondary latching system to hold in a closed position. (4) Hood: Hoods on street rods shall be optional, but if the hood, top, and/or sides are removed from the vehicle, the fan must be enclosed within a shroud of substantial rigid material to prohibit anyone from inadvertently being injured and to prevent the fan from flying up from the engine compartment should it become loose. Protrusions from engine compartment shall be no more than six (6) inches above the highest point of the hood, or when the hood has been removed six (6) inches above the highest point of the hood's normal location. (5) Instrumentation & Controls: Speedometer: Every street rod shall be equipped with an operating speedometer calibrated to indicate "miles per hour". Odometer: Every street rod shall be equipped with an operating odometer calibrated to indicate "total miles driven". Steering wheel: Every street rod shall be equipped with a circular steering wheel with an outside diameter of not less than thirteen (13) inches. 814 Chapter 321 Vol. 71 Rear View Mirror: Every street rod shall be equipped with two rear view mirrors, each providing a clear field of vision 200 feet to the rear. One shall be mounted on the inside of the vehicle in such a position that it affords the driver a clear view to the rear. The other shall be mounted on the outside of the vehicle on the driver's side in such a position that it affords the driver a clear view to the rear. When an inside mirror does not give a clear view to the rear due to window tint or other obstructions, a right-hand outside mirror shall be required in lieu thereof. The mirror mounting shall provide for mirror adjustment by tilting in both horizontal and vertical directions. Seat Belts: Every street rod shall be equipped with a safety belt system for each occupant of the vehicle. Any such safety belt system must at a minimum be a Type 1 (lap belt) and must meet Federal Motor Vehicle Safety Standard 209. All safety belts systems shall be securely anchored to the body or frame. Windshield Wipers: Every street rod shall be equipped with at least one windshield wiper installed in a position which effectively clears the windshield area directly in front of the driver. The operation of the windshield wiper shall be controlled by the driver from within the vehicle and shall be electrically or vacuum operated. Accelerator Control System: Every street rod shall be equipped with an accelerator control system that returns the engine throttle to an idle position when the driver removes the actuating force from the accelerator control. Service Brakes: Every street rod shall be equipped with hydraulic brakes acting on all wheels. The service brake |
| Date Digital | 2010 |
| CONTENTdm file name | 3106.cpd |
Description
| Title | Laws of the State of Delaware - Volume 71 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND THIRTY- NINTH GENERAL ASSEMBLY FIRST SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 14, A. D. 1997. SECOND SESSION COMMENCED AND HELD AT DOVER On Tuesday, January 13, A. D. 1998 VOLUME LXXI Part II |
| CONTENTdm file name | 84742.pdfpage |
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