reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1604. Applicability; exclusive use prohibited.

§ 1604. Applicability; exclusive use prohibited.
(a) The provisions of this chapter shall only apply to activities of a wireless provider within the ROW, over which the Department has absolute control.
(b) The Department may not enter into an exclusive arrangement with any person for use of the ROW for the construction, operation, marketing, or maintenance of wireless facilities or small wireless support structures or the collocation of small wireless facilities.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1605. Fees.

§ 1605. Fees.
The Department may not charge a wireless provider an application fee or fee or rate for the use of the ROW with respect to the construction, installation, mounting, maintenance, modification, operation, or replacement of a wireless facility or small wireless support structure in the ROW, including collocation in such ROW. However, wireless providers shall pay the actual, reasonable costs borne by the Department attributable to the processing and administration of a program to authorize the accommodation, review and issuance of construction permits, and conduct inspections of wireless facilities in the ROW if necessary. Such fees shall not exceed $100 for each small cell facility on a permit application. If there are additional nonrecurring expenses associated with inspections for new installations or construction, wireless providers shall pay the actual, reasonable cost borne by the Department attributable to each provider's inspections where it exceeds the permit fee collected. In any controversy concerning the appropriateness of the fee, the Department shall have the burden of proving that the fees are reasonably related to the actual, direct and reasonable costs incurred. Micro wireless facilities are not subject to such processing and administration costs.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1607. Use and occupancy agreement.

§ 1607. Use and occupancy agreement.
(a) The Department is authorized to enter into use and occupancy agreements with wireless providers for the accommodation of wireless facilities in the ROW under terms that:
(1) Protect the safety of travelers on Delaware's roadways;
(2) Minimize conflicts with the use of the State's ROW for the primary purpose of transportation;
(3) Facilitate the placement of small wireless facilities at locations that do not unreasonably interfere with existing public uses; and
(4) Are competitively neutral and nondiscriminatory.
(b) Such agreements shall be for a term of 10 years with an option to renew for additional 5-year terms.
(c) Such agreements are nonassignable and nontransferable without the reasonable consent of the Department that the assignee or transferee has the financial, technical, organizational and managerial resources needed to operate in the ROW and protect the public health, safety and welfare.
(d) Each wireless provider holding a valid use and occupancy agreement shall comply with the Underground Utility Damage Prevention and Safety Act, § 801 of Title 26, et seq. to the extent applicable.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1608. Relocation of small wireless facilities.

§ 1608. Relocation of small wireless facilities.
Whenever it becomes necessary to relocate any wireless facility due to expansion of the transportation system or if it is found to interfere unreasonably with the ingress and egress to adjacent properties or their development, or for reasons deemed in the public interest by the Department, the wireless provider shall relocate its small wireless facility at its sole expense to a location mutually agreed upon by the wireless provider and the Department at a time and manner prescribed by the Department.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1610. No discrimination.

§ 1610. No discrimination.
The Department, in the exercise of its administration and regulation related to the management of the ROW must be competitively neutral with regard to other users of the ROW, including that terms may not be unreasonable or discriminatory and may not violate any applicable law.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1611. Limitation of ROW authority.

§ 1611. Limitation of ROW authority.
The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this section does not authorize the provision of any voice, data, or video communications services or the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities in the ROW.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1612. Damage and repair.

§ 1612. Damage and repair.
The Department may require a wireless provider to repair all damage to the ROW directly caused by the activities of the wireless provider, while occupying, installing, repairing or maintaining wireless facilities, small wireless support structures or utility poles in the ROW and to return the ROW to its functional equivalence before the damage pursuant to the competitively neutral, reasonable requirements and specifications of the Department. If the wireless provider fails to make the repairs required by the Department within a reasonable time after written notice, the Department may effect those repairs and charge the applicable party the reasonable, documented cost of such repairs.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1613. Access to department land and structures.

§ 1613. Access to department land and structures.
The Department will allow for the collocation of small wireless facilities on department poles as determined by the Department subject to the following:
(1) A person owning or controlling department poles may not enter into an exclusive arrangement with any person for the right to attach to such poles.
(2) Such collocations shall be subject to reasonable, cost-based, competitively neutral and nondiscriminatory rates, fees and terms as provided in an agreement between the Department and the wireless provider.
(3) The Department and wireless provider shall negotiate in good faith to arrive at mutually agreeable contract terms and conditions.
(4) The annual recurring rate to collocate a small cell facility on a department pole shall not exceed the actual, direct and reasonable costs related to the wireless service provider's use of space on the pole. In any controversy concerning the appropriateness of the rate, the Department shall have the burden of proving that the rates are reasonably related to the actual, direct and reasonable costs incurred for use of space on the pole for such period.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 16. ADVANCED WIRELESS INFRASTRUCTURE INVESTMENT ACT › § 1614. Collocation on department wireless support structures, utility poles and land outside the ROW.

§ 1614. Collocation on department wireless support structures, utility poles and land outside the ROW.
The Department may authorize wireless facilities on small wireless support structures, other structures that exceed the height limitations in § 1606(g) of this title, and utility poles on lands owned or controlled by the Department that are not located within the ROW. Such collocations shall be subject to reasonable, cost-based, competitively neutral and nondiscriminatory rates, fees, and terms as provided in an agreement between the Department and the wireless provider.
81 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1711. Commissioners; appointment.

§ 1711. Commissioners; appointment.
The Commissioners from this State, provided for in Article V of the Delaware-New Jersey Compact set out in § 1701 of this title, shall be appointed by the Governor with the advice and consent of the Senate. Immediately upon enactment of this chapter, the Governor may so appoint the first Commissioners from this State, notwithstanding that the said Compact may not have yet taken effect. The persons nominated by the Governor to serve as the first Commissioners shall be authorized to sign duplicate originals of said Compact on the part of this State, to apply to Congress for such consent thereto as may be required by law, and to seek an amendment of 60 Stat. 553 having the effect of eliminating the requirement that the Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds, although said persons may not then have been confirmed or have taken their oath of office.
17 Del. C. 1953, §  1711;  53 Del. Laws, c. 145;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1712. Effective date; terms of Commissioners.

§ 1712. Effective date; terms of Commissioners.
If the state of New Jersey enacts legislation agreeing to the exact terms of the Delaware-New Jersey Compact, Congress consents thereto and Congress amends 60 Stat. 553 to eliminate the present requirement that the Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds on or before July 1, 1962, then the said Compact shall become effective on July 1, 1962; but if these events shall not all be completed until after July 1, 1962, then the said Compact shall take effect on the date of the last required event. The first Commissioners from Delaware may take office on or after the date on which said Compact takes effect, but the designation of their terms shall be such that the term of at least 1 Commissioner shall expire each year and each such term shall be computed from July 1, 1962, notwithstanding that the Compact may not become effective until after that date.
17 Del. C. 1953, §  1712;  53 Del. Laws, c. 145;  67 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1713. Holding over of Commissioners.

§ 1713. Holding over of Commissioners.
Each Commissioner from this State shall continue to hold office after the expiration of the term for which the Commissioner is appointed and until the Commissioner's respective successor is appointed and qualified; but no period during which any such Commissioner shall hold over shall be deemed to be an extension of the Commissioner's term of office for the purpose of computing the date on which said successor's term expires.
17 Del. C. 1953, §  1713;  53 Del. Laws, c. 145;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1714. Successors.

§ 1714. Successors.
After the expiration of the term of each Delaware Commissioner and each succeeding Commissioner thereafter, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for a term of 5 years or until the Commissioner's successor has been appointed and qualified. In making such appointments, the Governor shall endeavor to appoint as Commissioners a representative number of women and minorities.
17 Del. C. 1953, §  1714;  53 Del. Laws, c. 145;  67 Del. Laws, c. 251, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1715. Vacancies.

§ 1715. Vacancies.
In the event a vacancy occurs in the office of a Commissioner from this State by death, resignation, removal or otherwise, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for the unexpired term.
17 Del. C. 1953, §  1715;  53 Del. Laws, c. 145.;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1716. Removal of Commissioner.

§ 1716. Removal of Commissioner.
Any Commissioner from this State may be suspended or removed from office upon specific written charges filed with the Secretary of State and after hearing by the Senate.
17 Del. C. 1953, §  1716;  53 Del. Laws, c. 145.;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1717. Political representation.

§ 1717. Political representation.
No more than 4 of the 6 Commissioners from this State shall be of the same political party at any 1 time.
17 Del. C. 1953, §  1717;  53 Del. Laws, c. 145;  67 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1718. Compensation of Commissioners.

§ 1718. Compensation of Commissioners.
For the period during which any Commissioner shall hold office, the Commissioner shall be entitled to reimbursement for any necessary expenses incurred on the business of the Delaware River and Bay Authority, which shall be paid only from revenues received by the Authority and available for administrative expenses.
17 Del. C. 1953, §  1718;  53 Del. Laws, c. 145;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1719. The Delaware River and Bay Authority.

§ 1719. The Delaware River and Bay Authority.
The Commissioners appointed pursuant to this chapter shall have the authority, powers and duties and be subject to the limitations provided for in this chapter and in the said Compact between the 2 states, and together with the 6 Commissioners appointed from the state of New Jersey shall form and constitute “the Delaware River and Bay Authority” pursuant to the Delaware-New Jersey Compact.
17 Del. C. 1953, §  1719;  53 Del. Laws, c. 145;  67 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1720. Veto by Governor.

§ 1720. Veto by Governor.
(a) Except, as provided by this chapter, no action taken at any meeting of the Delaware River and Bay Authority by a Commissioner appointed from the state of Delaware shall have any force or effect until the Governor of this State shall have an opportunity to approve or veto the same under Article VI of the Delaware-New Jersey Compact.
(b) For the purpose of procuring such approval or veto, the secretary or other officer of the Delaware River and Bay Authority in charge of the minutes of the proceedings of that body shall transmit to the Governor at the Governor's office in Dover a certified copy of the minutes of every meeting of the Delaware River and Bay Authority as soon after the holding of such meeting as such minutes can be written out. The Governor shall within 10 days (Saturdays, Sundays and public holidays of this State excepted), after such minutes shall have been received at the Governor's office aforesaid, cause the same to be returned to the Delaware River and Bay Authority either with the Governor's approval or the Governor's veto of any action therein recited as having been taken by any Commissioner appointed from this State; provided, however, that if the Governor shall not return the said minutes within the said period, then at the expiration thereof any action therein recited will have full force and effect according to the wording thereof.
(c) If the Governor within the said period returns the said minutes with a veto against the action of any Commissioner from this State as recited therein, then such action of said Commissioner shall be null and void.
(d) The Governor may by order filed with the secretary of the Delaware River and Bay Authority relieve the Commissioners from the duty of procuring the Governor's approval of their action upon any particular matter or class of matters, and thereupon the secretary or other officer in charge of the minutes of the proceedings of that body shall be relieved of reporting the same to the Governor.
17 Del. C. 1953, §  1720;  53 Del. Laws, c. 145;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1721. Audit.

§ 1721. Audit.
The Authority shall furnish each year an independent audit of its fiscal affairs, in which items of current and capital nature shall be separately set forth, and shall cause a copy of the report on such audit to be delivered to the Governor.
17 Del. C. 1953, §  1721;  53 Del. Laws, c. 145.;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1722. Geographical representation.

§ 1722. Geographical representation.
Of the Commissioners from this State to be appointed in accordance with this subchapter, 2 Commissioners shall be appointed from New Castle County, no more than 1 of whom shall be of the same political party, 2 Commissioners shall be appointed from Kent County, no more than 1 of whom shall be from the same political party, and 2 Commissioners shall be appointed from Sussex County, no more than 1 of whom shall be of the same political party.
17 Del. C. 1953, §  1724;  53 Del. Laws, c. 145;  67 Del. Laws, c. 251, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1723. Proposals for commerce facilities or developments.

§ 1723. Proposals for commerce facilities or developments.
The Delaware River and Bay Authority shall not initiate any commerce facility or development (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title) to be located in the State unless a proposal for such commerce facility or development has been first submitted to the Governor by the Department of State and then approved and submitted to the Authority by the Governor. The Department of State shall, before submitting such proposal to the Governor, notify all members of the General Assembly and the local governmental officials of the area in which the proposed project is to be located.
67 Del. Laws, c. 253, §  1;  69 Del. Laws, c. 458, §  1;  81 Del. Laws, c. 49, §  16;  81 Del. Laws, c. 374, § 45;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1724A. Appeal to Board.

§ 1724A. Appeal to Board.
(a) Any person, as that term is defined in § 6002 of Title 7, whose interest is substantially affected by the determination of the Department of Natural Resources and Environmental Control that a proposed project is or is not a project of state significance may appeal to the Environmental Appeals Board (the “Board”) within 20 days after the Secretary of the Department of Natural Resources and Environmental Control has conveyed the determination to the Executive Director of the Delaware River and Bay Authority.
(b) Whenever a determination of the Department of Natural Resources and Environmental Control concerning a proposed project is appealed, the Board shall hold a public hearing in accordance with § 6006 of Title 7.
(c) If the determination of the Department of Natural Resources and Environmental Control is overruled by the Board, then the Board shall state its reasons for its decision.
(d) No decision of the Board shall be valid unless signed by a minimum of 5 members.
(e) No appeal shall operate to stay automatically the effect of any determination by the Department of Natural Resources and Environmental Control, but upon application, and for good cause, the Secretary of the Department of Natural Resources and Environmental Control or the Court of Chancery may stay the action pending disposition of the appeal.
67 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1724B. Appeal from Board's decision.

§ 1724B. Appeal from Board's decision.
(a) Any person, as defined in § 6002 of Title 7, or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, or the Delaware River and Bay Authority, may appeal to the Superior Court in and for the county in which the proposed project in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision of the Board is illegal in whole or in part, specifying the grounds of the illegality. Any such appeal shall be perfected within 20 days of the decision of the Board.
(b) The Court may affirm, reverse or modify the Board's decision. The Board's findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record.
(c) No appeal shall operate to stay automatically the effect of any determination by the Department of Natural Resources and Environmental Control, but upon application, and for good cause, the Board or the Court of Chancery may stay the action pending disposition of the appeal.
67 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1725. Notice and public hearing.

§ 1725. Notice and public hearing.
(a) Whenever the Delaware River and Bay Authority proposes to undertake a major project (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title) to be located in the State or in the Delaware River or Bay, the Authority shall provide public notice of the proposed major project as follows:
(1) The notice shall describe the nature of the project including a brief synopsis of the project, a statement of whether the project requires the condemnation of public lands and a reference to the legal basis for the Authority's proposed activities;
(2) The notice shall state the manner in which members of the public may present their views in writing, including the address to which such writing should be addressed and the final date by which such writings may be submitted;
(3) The notice shall state the date, time and place where the public hearing, if requested in accordance with subsection (b) of this section, shall be held;
(4) The notice shall be provided at least 30 days prior to the scheduled date of any public hearing requested in accordance with subsection (b) of this section; and
(5) The notice shall be publicized in a newspaper of general circulation in each of the counties.
(b) If requested by the Governor or any member of the General Assembly, or if a meritorious request for a hearing is submitted by any person, within 14 days of the date of publication of the notice, the Authority shall hold a public hearing on any major project, in order to receive information, factual evidence and public reaction subject to the following provisions:
(1) The hearing, if requested, shall be held at least 15 days prior to the date of any vote by the Commissioners relating to the major project.
(2) At the public hearing all interested persons shall be given a fair and reasonable opportunity to be heard, subject to the power of a majority of the Commissioners present to exercise such control over the conduct of the hearing, including, without limitation, the setting of equitable time limitations, as may be in the public interest.
(3) A public hearing request shall be deemed meritorious if it exhibits a familiarity with the proposed major project and a reasoned statement of the major project's probable impact.
67 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1726. Legislative approval of Authority projects.

§ 1726. Legislative approval of Authority projects.
The Delaware River and Bay Authority shall not undertake any project, except a crossing (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title), to be located in the State or in the Delaware River or Bay, without having first secured legislative authorization and approval of each specific project or part thereof pursuant to an act of the General Assembly, passed with the concurrence of 3/4 of all the members elected to each House. Upon the request of any member of the General Assembly, the Delaware River and Bay Authority shall provide copies of all written reports or studies prepared or obtained by the Authority and any written comments submitted by members of the public with respect to the project. In addition to such state legislative approval, any agreement or agreements entered into (pursuant to Article XVII of the Delaware-New Jersey Compact set out in § 1701 of this title) between the Delaware River and Bay Authority and the city, town, municipality or other political subdivision in which any project, other than a crossing, is to be located must:
(1) Be in accordance with and subject to any and all land use laws including, but not limited to, zoning codes and subdivision and land development regulations for the respective political subdivisions, and any other local laws, resolutions, ordinances or rules and regulations which may apply; and
(2) Be approved by the local government, and such approval shall be according to the laws, regulations, standards and practices of such municipality or county government.
67 Del. Laws, c. 253, §  1;  72 Del. Laws, 1st Sp. Sess., c. 258,, §  51;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1727. Legislative approval of the condemnation of lands devoted to public use.

§ 1727. Legislative approval of the condemnation of lands devoted to public use.
The Delaware River and Bay Authority shall not exercise its power of eminent domain to condemn any property, devoted to a public use, of the State, or any municipality, county, local government, agency, public authority or commission thereof, or any 1 or more of them, for any purpose other than a crossing without having first secured legislative authorization and approval of each specific condemnation of property by act of the General Assembly.
67 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1728. Volume discount bridge toll rates.

§ 1728. Volume discount bridge toll rates.
The Delaware River and Bay Authority shall not increase any rate of bridge toll charged as a volume discount rate from the rate in effect on the earlier of the effective date of the legislation amending the Delaware-New Jersey Compact as adopted by (i) the 135th Delaware General Assembly or (ii) the New Jersey Legislature, for a period of 10 years following such date, if the increase would cause such volume discount rate to exceed 25 percent of the basic toll rate charged by the Authority for individual bridge crossings by passenger automobiles, provided that the Authority may raise such volume discount rate in excess of this 25 percent limitation to the extent that such increase is determined by the Authority to be reasonably necessary for the protection of the Authority's bondholders in accordance with Article XI of the Delaware-New Jersey Compact.
67 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 17. DELAWARE-NEW JERSEY COMPACT › Subchapter II. Effectuation; Commissioners › § 1729. The Delaware River and Bay Authority — Airports.

§ 1729. The Delaware River and Bay Authority — Airports.
The General Assembly, acting pursuant to provisions of § 1726 of this title, has authorized the Delaware River & Bay Authority, pursuant to the procedure set forth in the Delaware-New Jersey Compact (§ 1701 of this title) and all other applicable statutory requirements, to lease, develop and operate the New Castle County Airport, the Civil Air Terminal and the Delaware Airpark located in Cheswold, Delaware. Pursuant to Article VII of the Compact, the Authority is authorized to adopt rules and regulations to carry out and discharge its powers, duties and functions, and pursuant to Article XV of the Compact, Delaware may provide by law what penalty or penalties shall be imposed for violation of any lawful rule or regulation of the Authority and for the manner of enforcing the same. Pursuant to these provisions, the following applies to any person's failure to comply with or violation of rules or regulations of the Authority relating to any airports which the Authority leases, acquires, develops or operates with the approval of the General Assembly.
(1) Any person failing to comply with or violating any rule or regulation of the Authority relating to the management and operation of any airport shall be guilty of a violation of law. Upon conviction thereof, a penalty in the form of a fine not less than $10 or more than $1,000 and costs shall be assessed for the first offense. For the second offense occurring within 12 months after the date of the first offense, the penalty shall be a fine of not less than $50 or more than $1,000. For each subsequent offense thereafter, but occurring within 12 months of the date of the first offense, the penalty shall be a fine of not less than $100 or more than $1,000. Each day any violation of the relevant rules and regulations shall continue constitutes a separate offense for which a separate penalty for each day shall be imposed.
(2) Justices of the Peace of this State shall have jurisdiction throughout the State to hear, try and finally determine any violations of any rule or regulation of the Authority. Any person convicted of such violation may be fined not more than $1,000 for violation. Fines collected for the violation of any rule or regulation of the Authority shall inure and be paid to the State Treasurer for the General Fund.
(3) Any person arrested without a warrant for any violation of an Authority rule or regulation shall have such person's case heard and determined by a Justice of the Peace.
(4) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to any unattended vehicle found in violation of any rule or regulation of the Authority by any police officer authorized to arrest for violations of any Authority rule or regulation in lieu of arrest of the operator of such vehicle.
72 Del. Laws, c. 489, §  40;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 17 - Highways › Chapter 18. DELAWARE RIVER AND BAY AUTHORITY › § 1801. Definitions.

§ 1801. Definitions.
(a) “Authority” means “the Delaware River and Bay Authority,” established by compact between the States of Delaware and New Jersey.
(b) “Bridge” means the “Delaware Memorial Bridge,” its approaches, appurtenances, property, equipment, revenues, funds and personnel.
(c) “Compact” means the “Delaware-New Jersey Compact.”
17 Del. C. 1953, §  1801;  53 Del. Laws, c. 146.;
2023 Delaware Code › Title 17 - Highways › Chapter 18. DELAWARE RIVER AND BAY AUTHORITY › § 1802. Agent for Bridge.

§ 1802. Agent for Bridge.
The Authority shall upon the effective date of this chapter be the agent of the States of Delaware and New Jersey in connection with the construction, operation, maintenance, improvement and control of the said Bridge, which was constructed pursuant to legislation enacted by the states of Delaware and New Jersey and found in Chapter 3 of this title and 45 Laws of Delaware, Chapters 274, 275, 334 and New Jersey Laws of 1946, Chapter 18.
17 Del. C. 1953, §  1802;  53 Del. Laws, c. 146.;
2023 Delaware Code › Title 17 - Highways › Chapter 18. DELAWARE RIVER AND BAY AUTHORITY › § 1803. Successors to the Delaware Interstate Highway Division.

§ 1803. Successors to the Delaware Interstate Highway Division.
Except as provided in this chapter, the Authority, as agent for said Bridge, shall exercise, succeed to, perform and be bound by all the rights, powers, authority, duties and obligations heretofore exercised by, performed by, or binding upon the Delaware Interstate Highway Division, as successor to the Delaware State Highway Department, insofar as they pertain to the said Bridge.
17 Del. C. 1953, §  1803;  53 Del. Laws, c. 146.;
2023 Delaware Code › Title 17 - Highways › Chapter 18. DELAWARE RIVER AND BAY AUTHORITY › § 1804. Rights of holders of Bridge bonds.

§ 1804. Rights of holders of Bridge bonds.
Such agent's control of the said Bridge shall be subject to the rights of the holders of the outstanding Delaware Memorial Bridge Revenue Bonds of the State issued (or in the process of issue prior to the effective date of this chapter) under the authority of § 318 of this title, and the state covenants that the said Bridge shall remain in the said agent's control so long as any of the said bonds shall remain outstanding or unpaid or until all said revenue bonds issued or in the process of issue under the authority of § 318 of this title have been paid in full or provision shall have been made for the payment thereof in the manner provided in the indenture between the State Highway Department of the State and Equitable Trust Company, dated June 1, 1948, and the supplemental indentures thereto, dated June 1, 1951, January 2, 1952, June 1, 1956 and June 1, 1960.
17 Del. C. 1953, §  1804;  53 Del. Laws, c. 146.;
2023 Delaware Code › Title 17 - Highways › Chapter 18. DELAWARE RIVER AND BAY AUTHORITY › § 1805. Control of Bridge.

§ 1805. Control of Bridge.
At such time as all the Delaware Memorial Bridge Revenue Bonds issued pursuant to § 318 of this title have been paid in full or provision has been made for payment thereof as provided in the indenture securing said bonds, the Authority, as agent, shall continue to hold, control, operate, maintain and improve the said Bridge as a crossing, transportation facility or project in accordance with the Compact entered into between the 2 states, establishing the said Authority, and the Authority as such agent shall deal with the Bridge, its tolls and revenues as it is authorized, empowered and obligated to do by said Compact with respect to crossings, transportation facilities and projects as therein defined.
17 Del. C. 1953, §  1805;  53 Del. Laws, c. 146.;
2023 Delaware Code › Title 17 - Highways › Chapter 18. DELAWARE RIVER AND BAY AUTHORITY › § 1806. Audit; assumption of obligations.

§ 1806. Audit; assumption of obligations.
In order to provide for an orderly transition of bridge operations, upon the effective date of this chapter, the Authority shall promptly arrange with the Delaware Interstate Highway Division for the preparation of an independent audit and accounting of its assets, liabilities and operations, and for fixing a date upon which the books and records of the said Division shall be closed and from and after which the Authority shall undertake the operation and control of the said Bridge; and it shall at the same time provide for the assumption of all outstanding obligations of the Delaware Interstate Highway Division for the construction, maintenance, improvement and operation of the said Bridge and shall take over all personnel, maps, books, records, revenues, funds and other assets relating thereto.
17 Del. C. 1953, §  1806;  53 Del. Laws, c. 146.;
2023 Delaware Code › Title 17 - Highways › Chapter 19. REGULATION OF UNUSED OR UNOCCUPIED AUTOMOTIVE SERVICE STATIONS › § 1901. Unused or unoccupied automotive service stations.

§ 1901. Unused or unoccupied automotive service stations.
(a) All automotive service stations within the State shall be maintained as though such property were being used or occupied. The maintenance shall include, but shall not be limited to:
(1) Replacing or boarding-up of areas having broken glass.
(2) Trimming of shrubbery.
(3) Replacing of deteriorated roofing or siding.
(4) Repairing or removing of any accessory building and/or equipment the level of maintenance of which is not less than would be expected if the property were in active use.
(5) Providing reasonable security measures to prohibit the unauthorized and/or illegal use of any buildings or equipment.
(6) Removing or correcting any condition detrimental to the safety of the general public.
(b) Upon discovery that a parcel is not being maintained properly, the Department shall notify the owner or possessor of such land or improved premises. If within 15 days of the above notice by the Department to the owner or possessor of land or improved premises, maintenance to correct the violation has not been undertaken, the Department may cause such violations to be corrected and may incur any expense in the removal thereof.
(c) Any expense incurred by the Department under this section shall be paid by the owner or possessor of the land or improved premises within 10 days after notice thereof by registered mail. If such amount is not paid within such time, such amount, together with a penalty of 10 percent of such expense and interest on such expense of 6 percent per annum shall be assessed against the land or improved premises and shall, until paid, constitute a lien against such land or improved premises in favor of the Department, upon the filing by the Secretary of the Department, in the office of the recorder of deeds for the county where the property is located, of a certificate of lien setting forth the amount of such expense including penalty and interest.
(d) In addition to any other remedy, the county may maintain an action for the recovery of such expense and the penalty and interest against the owner or possessor and shall be awarded reasonable attorneys' fees.
(e) Any contractor or employee engaged by the Department in carrying out this section shall be immune from civil liability in any action brought by the owner or possessor of the subject premises.
(f) The Department may adopt rules and regulations in order to enforce this chapter.
64 Del. Laws, c. 264, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 19. REGULATION OF UNUSED OR UNOCCUPIED AUTOMOTIVE SERVICE STATIONS › § 1903. Penalties; continuing violations.

§ 1903. Penalties; continuing violations.
(a) Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $25 nor more than $200.
(b) Each day that a violation is allowed to continue after notice of its existence shall constitute a separate offense.
64 Del. Laws, c. 264, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 1. GENERAL DEFINITIONS AND PROVISIONS › § 103. “Transacting insurance” defined.

§ 103. “Transacting insurance” defined.
In addition to other aspects of insurance operations to which provisions of this title by their terms apply, “transact” with respect to a business of insurance includes any of the following:
(1) Solicitation or inducement;
(2) Negotiations;
(3) Effectuation of a contract of insurance;
(4) Transaction of matters subsequent to effectuation and arising out of such a contract.
18 Del. C. 1953, §  103;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 1. GENERAL DEFINITIONS AND PROVISIONS › § 104. Application of Code as to particular types of insurers.

§ 104. Application of Code as to particular types of insurers.
No provision of this title shall apply with respect to:
(1) Domestic mutual assessment property insurers, except as stated in Chapter 53 (Mutual Assessment Property Insurers) of this title;
(2) Domestic mutual benefit associations, except as stated in Chapter 55 (Mutual Benefit Associations) of this title;
(3) Fraternal benefit societies, except as stated in Chapter 62 (Fraternal Benefit Societies) of this title.
18 Del. C. 1953, §  104;  56 Del. Laws, c. 380, §  1;  66 Del. Laws, c. 401, §  1;  69 Del. Laws, c. 111, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 1. GENERAL DEFINITIONS AND PROVISIONS › § 105. Particular provisions prevail.

§ 105. Particular provisions prevail.
Provisions of this title as to a particular kind of insurance, type of insurer or matter shall prevail over provisions relating to insurance, insurers or matters in general.
18 Del. C. 1953, §  105;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 1. GENERAL DEFINITIONS AND PROVISIONS › § 106. General penalty.

§ 106. General penalty.
(a) Each violation of this title for which a greater penalty is not provided by a provision of this title or other applicable laws of this State, in addition to any applicable prescribed denial, suspension or revocation of certificate of authority or license shall, upon conviction thereof, subject the violator to a fine of not more than $2,300 or imprisonment of not more than 1 year, or both, except that if the violator is a corporation, the fine shall be not more than $6,900 as to each violation. Any director, officer, manager, employee or representative of a corporation shall be subject to fine and imprisonment as above provided.
(b) Prosecutions for any such violation shall be brought in the Superior Court of the county in which the offense occurred.
(c) At the discretion of the Commissioner and the Attorney General, any fine provided for above may be recovered on behalf of the State by a civil action brought against the violator.
18 Del. C. 1953, §  106;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 278, §  1;  67 Del. Laws, c. 260, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 3. THE INSURANCE COMMISSIONER › § 301. Commissioner; election; term.

§ 301. Commissioner; election; term.
(a) The Insurance Commissioner shall be the chief officer of the Insurance Department.
(b) The Commissioner shall be elected by the qualified electors of the State at a general election for a term of 4 years and shall be commissioned by the Governor.
(c) Subject to prior qualification by the oath required by § 302 of this title, the Commissioner shall assume office on the 1st Tuesday of January after election. The Commissioner shall hold office for the term for which elected and thereafter as provided by article XV, § 5, of the Delaware Constitution.
18 Del. C. 1953, §  302;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 3. THE INSURANCE COMMISSIONER › § 302. Oath.

§ 302. Oath.
Before entering upon the duties of office the Commissioner shall take and subscribe the oath or affirmation prescribed by article XIV of the Delaware Constitution.
18 Del. C. 1953, §  303;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 3. THE INSURANCE COMMISSIONER › § 303. Removal; vacancy.

§ 303. Removal; vacancy.
(a) The Commissioner may be removed from office for reasonable cause, as provided by article III, § 13, of the Delaware Constitution.
(b) A vacancy in the office of Commissioner shall be filled by appointment by the Governor, as provided in article III, § 9, of the Delaware Constitution.
18 Del. C. 1953, §  305;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 3. THE INSURANCE COMMISSIONER › § 304. Seal.

§ 304. Seal.
The Commissioner shall have a seal of office of a suitable design and bearing the words “Insurance Commissioner of the State of Delaware.”
18 Del. C. 1953, §  306;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 3. THE INSURANCE COMMISSIONER › § 305. Office; Insurance Commissioner Regulatory Revolving Fund.

§ 305. Office; Insurance Commissioner Regulatory Revolving Fund.
(a) The Department may operate 3 offices, the principal office in the Dover area and branch offices in Wilmington and Sussex County.
(b) There is hereby created within the office of the Insurance Commissioner a special fund to be designated as the Insurance Commissioner Regulatory Revolving Fund which shall be used in the operation of the office of the State Insurance Commissioner in the performance of the various functions and duties required of the office by law.
(c) All supervisory assessments, examination fees and any rate filing or form filing fees paid by insurers and collected by the Commissioner pursuant to this title shall be deposited in the State Treasury to the credit of said Insurance Commissioner Regulatory Revolving Fund to be used in the operation of the office as authorized by the General Assembly in its annual operating budget. All other fees and/or taxes collected by the Commissioner shall not be deposited in said Fund but shall be deposited in the General Fund of the State.
(d) Funds in the Insurance Commissioner Regulatory Revolving Fund shall be used by the Commissioner in the performance of the various functions and duties involved in the oversight of insurance companies as provided by law, subject to annual appropriations by the General Assembly for salaries and other operating expenses of the office.
(e) The maximum unencumbered balance which shall remain in the Insurance Commissioner Regulatory Revolving Fund at the end of any fiscal year effective as of June 30, 2005; shall be $1,400,000; and any amount in excess thereof shall cause the Insurance Commissioner to reduce assessments or fees collected in the next fiscal year by an amount sufficient to reduce the Regulatory Revolving Fund fiscal year end balance back to or below $1,400,000.
18 Del. C. 1953, §  308;  56 Del. Laws, c. 380, §  1;  60 Del. Laws, c. 283, §  1;  65 Del. Laws, c. 4, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 74, §  99;  74 Del. Laws, c. 68, §  77;  75 Del. Laws, c. 89, §  116;  81 Del. Laws, c. 109, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 3. THE INSURANCE COMMISSIONER › § 306. Deputy Commissioner.

§ 306. Deputy Commissioner.
(a) The Commissioner may appoint and may remove a Deputy. Before entering upon the duties of office the Deputy shall take and file the constitutional oath of office.
(b) The Deputy may exercise such powers and discharge such duties as the Commissioner may authorize.
(c) The Deputy shall devote full time to the Department, shall not engage in any other insurance-related activity for fee or compensation and the State shall pay a salary at the rate provided by law in full compensation for all services.
18 Del. C. 1953, §  309;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 3. THE INSURANCE COMMISSIONER › § 307. Staff.

§ 307. Staff.
(a) The Commissioner may appoint and fix the compensation of such examiners, clerks, technical and professional personnel, and other necessary assistants as conduct of the office may require and may revoke such appointments.
(b) The Commissioner may from time to time contract for and procure such additional and independent actuarial, rating, legal and other technical and professional services as may be required for discharge of the duties of the office.
18 Del. C. 1953, §  310;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;