reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7614. Waiver prohibited; severability.

§ 7614. Waiver prohibited; severability.
(a) Any waiver by the lessee of this chapter shall be deemed contrary to public policy and shall be unenforceable and void.
(b) If this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7615. Penalties; grace period for compliance; limitation of liability.

§ 7615. Penalties; grace period for compliance; limitation of liability.
(a) Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor.
(b) In case of a violation of this chapter with respect to any transaction, the lessee in such transaction may recover from the person committing the violation, or may set off or counterclaim in any action by such person, actual damages with a minimum recovery of $300 or 25 percent of the lease payment necessary to acquire ownership, whichever is greater, attorneys' fees and court costs.
(c) Notwithstanding this section, any failure to comply with this chapter may be corrected within 10 days after the date of execution of the lease-purchase agreement by the lessee, and, if so corrected, neither the lessor nor any holder is subject to any penalty under this section.
(d) A lessor is not liable under this section for damages in excess of the actual damage sustained by the lessee if the lessor shows by a preponderance of the evidence that the violation resulted from a bona fide error notwithstanding the maintenance by the lessor of procedures reasonably adopted to avoid the error. As used in this section, “bona fide error” includes, but is not limited to:
Clerical, calculation, computer malfunction and programming and printing errors.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7616. Enforcement.

§ 7616. Enforcement.
A violation of this chapter shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection, as described in Chapter 25 of Title 29.
68 Del. Laws, c. 59, §  1;  69 Del. Laws, c. 291, §  98(a), (c);  77 Del. Laws, c. 282, §  14;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7701. Short title; purpose.

§ 7701. Short title; purpose.
(a) This chapter shall be known and may be cited as the “Delaware Voluntary Alternative Dispute Resolution Act.”
(b) The purposes of the Delaware Voluntary Alternative Dispute Resolution Act are to provide a means to resolve business disputes without litigation and to permit parties to agree, prior to any disputes arising between them, to utilize alternative dispute resolution techniques if a dispute occurs. An interpretation of the provisions of this chapter shall seek to achieve these purposes.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7702. Definitions.

§ 7702. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “ADR” means the alternative dispute resolution method provided for by this chapter unless the parties to a dispute adopt by written agreement some other method of ADR in which event “ADR” shall refer to the method they adopt.
(2) “ADR Specialist” means an individual who has the qualifications provided for in § 7708 of this title to conduct an ADR proceeding.
(3) A “dispute subject to ADR” means any dispute that:
a. Involves at least $100,000 in contention; and
b. Is not a summary proceeding under § 211, § 215, § 220 or § 225 of Title 8.
(4) “Person” means any individual, corporation, association, partnership, statutory trust, business trust, limited liability company or other entity whether or not organized for profit.
70 Del. Laws, c. 151, §  1;  73 Del. Laws, c. 329, §  40;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7703. How ADR is selected.

§ 7703. How ADR is selected.
(a) Any person, by filing the certificate provided for in § 7704 of this title, shall be deemed to have agreed to submit all disputes subject to ADR to the ADR provided for by this chapter. Upon the filing of such certificate, the filer shall be bound by the provisions of this chapter until a certificate of revocation has become effective under § 7707 of this title.
(b) In addition to persons covered by subsection (a) of this section, any person who enter into a written agreement with a person who has filed the certificate provided for in § 7704 of this title, when such agreement incorporates (by reference or otherwise) the ADR requirements of this chapter, will be bound by the ADR requirements of this chapter with regard to disputes arising out of the subject matter of such written agreement. For purposes of compliance with this provision, it shall be sufficient for such writing to state:
“The undersigned hereby agree to be bound by the provisions of the Delaware Voluntary Alternative Dispute Resolution Act with respect to any dispute which arises out of the subject matter of this agreement.”
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7704. Contents of certificate.

§ 7704. Contents of certificate.
(a) The certificate of agreement to submit to ADR shall set forth:
(1) The name of the person filing the certificate,
(2) The address of such person (which shall include the street, number, city and state) at which it shall be given notice of any dispute, and
(3) The agreement of such person that by filing the certificate that person is bound to follow the provisions of this chapter and submits to the power of any court with jurisdiction over it to require it to participate in ADR with any other person who invokes the provisions of this chapter for any dispute subject to ADR.
(b) Any provision in a certificate that purports to limit the disputes that are subject to ADR shall be of no force or effect.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7705. Place of filing.

§ 7705. Place of filing.
(a) The certificate accepting ADR shall be filed with the Secretary of State of the State of Delaware and shall be executed and acknowledged by the chairperson or vice-chairperson of the board of directors or by the president or vice-president of any corporation, by a general partner of any partnership, or by a person with equivalent authority in any other entity.
(b) The Secretary of State shall keep such records as are required to determine who has filed a certificate accepting ADR or revoking such a certificate, together with the date of any such filing.
70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7706. Filing fee.

§ 7706. Filing fee.
No certificate accepting ADR or revoking ADR shall be filed unless it shall be accompanied by the payment of $1,000 to the State, except that the filing fee shall be $100 for every corporation, limited partnership, statutory trust, limited liability company or other entity organized under the laws of the State.
70 Del. Laws, c. 151, §  1;  73 Del. Laws, c. 329, §  41;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7707. Revocation of ADR.

§ 7707. Revocation of ADR.
A certificate accepting ADR may be revoked by the filing of a certificate stating that it revokes a previously filed certificate. A certificate of revocation shall be executed and acknowledged in the same manner as a certificate accepting ADR. A certificate of revocation shall be effective upon filing and payment of the filing fee, except with respect to disputes arising under contracts requiring ADR and which were entered into prior to the filing of the certificate of revocation.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7708. Qualifications of ADR Specialist.

§ 7708. Qualifications of ADR Specialist.
The ADR proceedings shall be conducted by any individual meeting one of the following criteria:
(a) Successful completion of 25 hours of training in resolving civil disputes in a course approved by the department or division of the government authority charged with responsibility over adult education in the jurisdiction where that individual resides, or
(b) Admission to the bar of the jurisdiction in which that individual resides, together with a minimum of 5 years experience as a practicing attorney.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7710. Initiation of ADR proceeding.

§ 7710. Initiation of ADR proceeding.
ADR proceedings are initiated by written notice to the other parties to a dispute who have filed an ADR certificate in accordance with § 7704 of this title or who have agreed to be bound by the ADR requirements of this chapter. The notice shall state in summary form:
(1) The dispute is subject to the provisions of this chapter,
(2) The nature of the dispute to be submitted to ADR and
(3) The identities of the members of the panel of ADR Specialists chosen pursuant to § 7709 of this title.
A failure to send such a notice to a person who has an interest in the dispute shall not prevent the ADR proceedings from going forward between or among parties who did receive such notice.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7711. Participation by other parties.

§ 7711. Participation by other parties.
When not all the parties to a dispute have filed an ADR certificate or have agreed to be bound by the Delaware Voluntary Dispute Resolution Act, such other parties may be given the opportunity to participate in the ADR proceedings by delivering to them the notice provided for in § 7710 of this title. Parties to the dispute who are not bound to participate in the ADR proceedings may elect to participate in the ADR by selecting an ADR Specialist in accordance with § 7709 of this title. Such selection shall constitute the agreement of the party to be subject to the provisions of this chapter for purposes of the dispute in which the election to participate is made. After the passage of the time for selection of the ADR Specialist, the ADR shall proceed without further notice to or involvement by those parties to the dispute who have not elected ADR.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7712. Scheduling of ADR proceedings.

§ 7712. Scheduling of ADR proceedings.
Promptly after notification of appointment, the ADR Specialist shall:
(1) advise the parties of a willingness to serve as the ADR Specialist for this dispute, (2) notify the parties of the expected rate of compensation, and (3) set the time and date of the ADR proceedings which shall be within 60 days of notice of appointment unless the parties and the ADR Specialist agree to another date. Unless otherwise agreed, the ADR proceedings shall be held in the offices of the ADR Specialist.
70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7713. Compensation of ADR Specialist.

§ 7713. Compensation of ADR Specialist.
(a) The ADR Specialist shall be reimbursed for all reasonable out-of-pocket expenses. The ADR Specialist shall be compensated on the basis of the Specialist's regular hourly fees for professional services for time spent during the day of the actual ADR proceeding and for any subsequent continuation of the proceedings agreed to by parties. In addition to this compensation for the actual ADR proceeding, the ADR Specialist may charge for up to 10 hours spent in preparing for the ADR proceeding, unless the parties agree to additional preparation time.
(b) The ADR Specialist may require the parties, on a pro rata basis, to advance the Specialist's fees for preparation and the actual proceeding within 10 days of the notice of the scheduling of the ADR proceedings.
(c) Unless otherwise agreed, the fees and expenses of the ADR Specialist shall be divided among the parties to the proceedings on a pro rata basis.
(d) The parties and the ADR Specialist may agree on any method or rate of compensation other than as set forth in this section, provided that such agreement is in a writing signed by the parties to the agreement.
70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7714. Conduct of the ADR proceedings.

§ 7714. Conduct of the ADR proceedings.
Subject to any agreement of the parties to adopt different rules of proceeding and the power of the ADR Specialist to modify these procedures in appropriate instances, the ADR shall be conducted as follows:
(a) No later than 7 days prior to the commencement of the ADR, each party shall submit to the ADR Specialist and the other parties a statement of its position in the dispute and such supporting documents as it deems appropriate, provided that such statement of position shall not exceed 25 pages in length.
(b) Upon the commencement of the ADR, each party shall have no more than 1 hour to present its position to the ADR Specialist in the presence of the other parties. This presentation may be made by counsel, by examining witnesses or by any other means that is reasonable under the circumstances. Upon conclusion of any party's presentation, the ADR Specialist may permit the other parties to have up to 1 hour to ask questions of the presenting party, with such hour to be divided among the other parties as determined by the ADR Specialist.
(c) Upon conclusion of the initial presentations of positions by all the parties and such questioning of the parties as thereafter occurs pursuant to subsection (b) of this section, the ADR Specialist as soon as possible shall attempt to resolve the dispute by meeting with the parties, either separately or as a group as the Specialist determines is appropriate. Such meetings shall conclude when the dispute is resolved or at the regular close of business on the day the ADR commenced, whichever first occurs.
(d) If the parties thereafter agree, the ADR Specialist may continue to discuss the resolution of the dispute with them, either separately or together, until any party notifies the ADR Specialist that such discussions are at an impasse.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7715. Conclusion of ADR.

§ 7715. Conclusion of ADR.
Any settlement of the dispute submitted to ADR shall be reduced to writing as soon as possible after the settlement is reached, with such writing to be prepared by the ADR Specialist (unless the parties otherwise agree as part of their settlement that they will prepare the writing) and shall be signed by the parties to be valid and binding upon them. If no settlement is reached at the close of business on the day the ADR is commenced or after further mediation at the parties request until an impasse is declared, the ADR Specialist shall declare the ADR has concluded by advising the parties in writing.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7716. Confidentiality.

§ 7716. Confidentiality.
All ADR proceedings shall be confidential and any memoranda submitted to the ADR Specialist, any statements made during the ADR and any notes or other materials made by the ADR Specialist or any party in connection with the ADR shall not be subject to discovery or introduced into evidence in any proceeding and shall not be construed to be a waiver of any otherwise applicable privilege. Nothing in this section shall limit the discovery or use as evidence of documents that would have otherwise been discoverable or admissible as evidence but for the use of such documents in the ADR proceeding.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7717. Immunity.

§ 7717. Immunity.
The ADR Specialist shall have such immunity as if the Specialist were a judge acting in a court with jurisdiction over the subject matter and the parties involved in the dispute that led to ADR.
70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7718. Attendance at ADR.

§ 7718. Attendance at ADR.
A person may be represented by counsel in all stages of the ADR proceeding. In addition to its counsel, each party must attend the initial ADR proceeding in which the parties make their presentations and submit to questioning and meet with the ADR Specialist. A person may attend through its chief executive officer (or person holding an equivalent position in such entity) or through any other person authorized in writing by the entity's governing body to so attend, provided such authorized person files a written authorization to attend with the ADR Specialist. The authorization shall state that the representative has the authority to settle the dispute (subject to any limits that are deemed appropriate by the governing body and which limits need not be revealed) and such person is charged with the responsibility of reporting to the party's governing body on what occurred during the ADR proceedings. Any such report shall be confidential in accordance with § 7716 of this title.
70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7719. Enforcement of ADR rights.

§ 7719. Enforcement of ADR rights.
(a) The right to ADR provided for under this chapter may be enforced by any court with jurisdiction over the parties. Any person who files a certificate under § 7704 of this title thereby consents to the jurisdiction of the Court of Chancery of the State for the purpose of enforcing in a summary proceeding the rights provided for by this chapter.
(b) In addition to the right to compel ADR provided by subsection (a) of this section, any party to an ADR proceeding to be conducted pursuant to this chapter shall be entitled to reasonable attorneys' fees incurred in compelling ADR.
(c) Any party failing to pay the reasonable fees and expenses of an ADR Specialist shall be subject to suit by the ADR Specialist for 3 times the amount of such fees and expenses, together with the attorneys' fees and other costs incurred in such litigation.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7720. Tolling of limitations.

§ 7720. Tolling of limitations.
The initiation of ADR under § 7710 of this title shall suspend the running of the statute of limitations applicable to the dispute that is the subject of the ADR until 14 days after the ADR is concluded in accordance with § 7715 of this title.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 77. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION › § 7721. Effect of commencing litigation.

§ 7721. Effect of commencing litigation.
Other than a proceeding to require ADR under § 7719 of this title, this chapter and the procedures provided for herein shall cease to have any force or effect upon the commencement of litigation concerning the dispute that is the subject of the ADR proceedings. The parties to any such litigation shall be exclusively subject to the rules of the tribunal in which such litigation has been commenced and nothing in this chapter shall be construed to infringe upon or otherwise affect the jurisdiction of the courts over such disputes.
70 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 101. Definitions.

§ 101. Definitions.
For the purposes of Parts I and II of this title, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:
(1) “Department” means the Department of Natural Resources and Environmental Control.
(2) “Fish and Wildlife Agent” means a law enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29.
(3) “Hunt” means to chase, pursue, kill, trap or take or attempt to chase, pursue, kill, trap or take any form of wild bird or wild animal.
(4) “Protected wildlife” means all forms of game and wildlife except such as are not protected by Parts I and II of this title.
(5) “Resident” means any person not an alien who has resided a year or more within this State.
(6) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee, provided any such delegation of authority is consistent with Chapter 80 of Title 29.
27 Del. Laws, c. 152, §  5;  Code 1915, §§  2358A, 2415;  40 Del. Laws, c. 191, §§  2, 28;  Code 1935, §§  2803, 2887;  7 Del. C. 1953, §  101;  57 Del. Laws, c. 739, §§  1, 2;  63 Del. Laws, c. 389, §  4;  70 Del. Laws, c. 105, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 102. Powers and duties.

§ 102. Powers and duties.
(a) The Department shall protect, manage and conserve all forms of protected wildlife of this State, and enforce by proper actions and proceedings the law relating thereto. The Department shall authorize such studies as are necessary to the work of the Department, and shall collect, classify and preserve such statistics, data and information as in its discretion will tend to promote the objectives of Parts I and II of this title.
(b) The Secretary shall employ Fish and Wildlife Agents and other necessary employees and shall fix the salaries of all such employees, who shall have the power to arrest in the same manner provided in subsection (c) of this section, and for the same purpose therein described, and be subject to and serve during the pleasure of the Secretary.
(c) The Department shall prescribe the form of licenses issued by it; shall collect all fees for licenses issued by it and all fines and forfeitures imposed for violations of the game and fish laws of this State; shall have authority to arrest without warrant for all violations of the game and fish laws of this State in order to carry out the provisions thereof. The Fish and Wildlife Agents shall also have the power to make arrests of persons violating § 518 of Title 17 in their presence or view or otherwise upon the issuance of an arrest warrant based on a showing of probable cause that the individual named in the warrant committed the violation.
(d) The Department may issue a permit to any recognized sportsmen's club having its principal location in the State to hold field trials at any time on liberated game legally possessed or on liberated artificially propagated game legally possessed and take such game by shooting. Such game taken shall be immediately tagged for identification with seals or tags supplied by the Department, for which it shall receive 5 cents each. Game so tagged may be possessed, transported, bought and sold at any time and seals shall not be removed until game is finally prepared for consumption.
26 Del. Laws, c. 162, §§  3, 6;  26 Del. Laws, c. 164, §  15;  27 Del. Laws, c. 154;  27 Del. Laws, c. 155, §  3;  Code 1915, §§  2358B, 2360, 2363;  40 Del. Laws, c. 191, §§  2, 3;  Code 1935, §§  2804, 2806;  47 Del. Laws, c. 148, §  1;  7 Del. C. 1953, §  106;  49 Del. Laws, c. 98, §  1;  56 Del. Laws, c. 224;  57 Del. Laws, c. 450, §  1;  57 Del. Laws, c. 739, §§  7-12;  70 Del. Laws, c. 105, §§  2, 3;  70 Del. Laws, c. 275, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 104. Restrictions on expenditures and indebtedness.

§ 104. Restrictions on expenditures and indebtedness.
The Department shall not contract any indebtedness or obligations which cannot be met by funds immediately available to its use, as provided in Part I of this title.
Code 1915, §  2358B;  40 Del. Laws, c. 191, §  2;  Code 1935, §  2804;  7 Del. C. 1953, §  109;  57 Del. Laws, c. 739, §  15;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 105. Assent to federal statutes — Cooperative wildlife-restoration projects.

§ 105. Assent to federal statutes — Cooperative wildlife-restoration projects.
The State assents to the act of Congress entitled, “An Act to Provide that the United States Shall Aid the States in Wildlife-Restoration Projects, and for Other Purposes,” approved September 2, 1937 [16 U.S.C. § 669 et seq.] as amended and the Department shall perform such acts as are necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in that act of Congress, in compliance with the act and with rules and regulations promulgated by the Secretary of the Interior thereunder. The Department may receive and disburse any and all funds allocated to this State under said act of Congress and any amendment or amendments thereto.
42 Del. Laws, c. 129, §  1;  7 Del. C. 1953, §  110;  57 Del. Laws, c. 739, §  16;  70 Del. Laws, c. 275, §  8;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 106. Assent to federal statutes — Cooperative fish-restoration projects.

§ 106. Assent to federal statutes — Cooperative fish-restoration projects.
The State assents to the act of Congress entitled “An Act to Provide that the United States Shall Aid the States in Fish-Restoration and Management Projects, and for Other Purposes,” approved August 9, 1950 [16 U.S.C. § 777 et seq.] as amended and the Department shall perform such acts as are necessary to the conduct and establishment of cooperative fish-restoration and management projects, as defined in that act of Congress, in compliance with that act and with rules and regulations promulgated by the Secretary of the Interior thereunder. The Department may receive and disburse any and all funds allocated to this State under said act of Congress and any amendment or amendments thereto.
48 Del. Laws, c. 205, §  1;  7 Del. C. 1953, §  111;  57 Del. Laws, c. 739, §  17;  70 Del. Laws, c. 275, §  9;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 107. Use of funds derived from sale of hunting and trapping licenses.

§ 107. Use of funds derived from sale of hunting and trapping licenses.
All funds derived from the issuance of licenses issued by the Department for hunting and trapping shall be deposited by the Department with the State Treasurer, retained by the State Treasurer, and specifically set aside and earmarked until expended upon by proper vouchers for the purpose of matching and securing money allotted to Delaware under the acts of Congress approved September 2, 1937 (16 U.S.C. § 669 et seq. (Wildlife Restoration)) as amended, and August 9, 1950 (16 U.S.C. § 777 et seq. (Fish Restoration and Management)) as amended, to provide federal aid to the states in wildlife and fish restoration. Any balance remaining in such fund after full provision is effected to insure matching in full of federal aid to this State for wildlife and fish restoration shall be expended by the Department with approval from the Office of Management and Budget, the Controller General's Office and the co-chairs of the Joint Finance Committee upon the fish and wildlife resources of this State in accordance with the federal guidelines to manage such fish and wildlife resources.
42 Del. Laws, c. 77, §  1;  42 Del. Laws, c. 129, §  2;  43 Del. Laws, c. 12, §  1;  47 Del. Laws, c. 78, §  1;  7 Del. C. 1953, §  112;  51 Del. Laws, c. 47;  57 Del. Laws, c. 739, §  18;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §  10;  76 Del. Laws, c. 80, §  260;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 108. Use of funds derived from sale of fishing licenses.

§ 108. Use of funds derived from sale of fishing licenses.
All funds derived from the issuance of licenses issued by the Department for fishing shall be deposited by the Department with the State Treasurer, retained by the State Treasurer, and specifically set aside and earmarked until expended upon by proper vouchers for the purpose of matching and securing money allotted to Delaware under the acts of Congress approved September 2, 1937 (16 U.S.C. § 669 et seq. (Wildlife Restoration)) as amended, and August 9, 1950 (16 U.S.C. § 777 et seq. (Fish Restoration and Management)) as amended, to provide federal aid to the states in fish and wildlife restoration. Any balance remaining in such fund after full provision is effected to insure matching in full of federal aid to this State for wildlife and fish restoration shall be expended by the Department with approval from the Office of Management and Budget, the Controller General's Office and the co-chairs of the Joint Finance Committee upon the fish and wildlife resources of this State in accordance with the federal guidelines to manage such fish and wildlife resources.
42 Del. Laws, c. 77, §  1;  48 Del. Laws, c. 207, §  1;  7 Del. C. 1953, §  113;  50 Del. Laws, c. 258, §  1;  57 Del. Laws, c. 739, §§  19, 20;  70 Del. Laws, c. 275, §  11;  76 Del. Laws, c. 80, §  261;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 109. Deposit of receipts.

§ 109. Deposit of receipts.
All funds received by the Department, except those which may be exempt from Chapter 61 of Title 29, and except funds derived from the issuance of yearly licenses for hunting and trapping and fishing, shall be deposited by the Department to the credit of the State Treasurer in the General Fund of the State and shall be reported in accordance with Chapter 61 of Title 29. The funds derived from the issuance of licenses for hunting, trapping or fishing shall be deposited in accordance with §§ 107 and 108 of this title.
7 Del. C. 1953, §  114;  57 Del. Laws, c. 739, §  21;  70 Del. Laws, c. 275, §  12;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 110. Disbursements.

§ 110. Disbursements.
All disbursements made by the Department for salaries, expenses and other purposes, as are by law permitted, shall be paid by the State Treasurer, to the extent there is money legally available to the Department, upon vouchers issued by the proper officers, designated by the Department, and approved by the Auditor of Accounts.
37 Del. Laws, c. 48, §  1;  38 Del. Laws, c. 147, §  1;  Code 1935, §  2807;  42 Del. Laws, c. 77, §  1;  7 Del. C. 1953, §  115;  57 Del. Laws, c. 739, §  22;  70 Del. Laws, c. 275, §  13;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 111. Search and seizure powers of the Secretary and Fish and Wildlife Agents.

§ 111. Search and seizure powers of the Secretary and Fish and Wildlife Agents.
The Secretary and the Fish and Wildlife Agents may search and examine without warrant any person, conveyance, vehicle, game bag, game coat or other receptacle for protected wildlife, and in the presence of an occupant of any camp or tent, may search and examine without warrant such camp or tent for protected wildlife, when the Secretary or the Fish and Wildlife Agent has reason to believe and has stated to the suspected person or occupant the reason for believing that any of the laws relating to protected wildlife have been violated, and may seize and possess (take) any protected wildlife illegally in possession. This section shall not authorize the entering of a dwelling house without first procuring a search warrant.
Provisions of this section shall be subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
Code 1935, §  2806A;  41 Del. Laws, c. 177, §  1;  7 Del. C. 1953, §  117;  57 Del. Laws, c. 739, §  24;  70 Del. Laws, c. 105, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 112. Prohibition against acceptance of fees by employees of Department.

§ 112. Prohibition against acceptance of fees by employees of Department.
No employee of the Department shall receive or accept any fee from the sale of licenses issued by the Department.
Code 1915, §  2358B;  40 Del. Laws, c. 191, §  2;  Code 1935, §  2804;  7 Del. C. 1953, §  118;  57 Del. Laws, c. 739, §  25;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 113. Protected wildlife injuring agriculture or other community interests.

§ 113. Protected wildlife injuring agriculture or other community interests.
When information is furnished to the Department that any species of protected wildlife has become, under extraordinary conditions, seriously injurious to agriculture or other interests in any particular community, an investigation shall be made by the Department to determine the nature and extent of the injury, whether the protected wildlife alleged to be doing the damage should be killed or captured and, if so, by whom, during what times and by what means. The Department shall issue an appropriate order giving effect to its determination.
Code 1935, §  2821A;  41 Del. Laws, c. 177, §  4;  7 Del. C. 1953, §  119;  57 Del. Laws, c. 739, §  26;  70 Del. Laws, c. 275, §  14;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 114. Protected wildlife injuring private property.

§ 114. Protected wildlife injuring private property.
Upon receipt by the Department of information from the owner, tenant or sharecropper that any 1 or more species of protected wildlife are detrimental to his or her crops, property or other interests on the land on which he or she resides or controls, together with a statement of the location of the land, the nature of the crops, property or other interests being damaged or destroyed, the extent of the injury and the particular species of protected wildlife committing the injury, an investigation shall be made by the Department, and, if it is determined from such investigation that the injury complained of is substantial and can be abated only by killing or capturing the protected wildlife, or so many thereof as in the opinion of the Department is necessary, a permit to kill or capture any number or all of such protected wildlife on such premises shall be issued by the Department, in which permit shall be specified the time during which, the means and methods by which, and the person or persons by whom the protected wildlife may be killed or captured, and the disposition to be made of all protected wildlife so killed or captured, and such other restrictions as the Department deems necessary and appropriate in the circumstances of the particular case.
Code 1935, §  2821B;  41 Del. Laws, c. 177, §  4;  7 Del. C. 1953, §  120;  57 Del. Laws, c. 739, §  27;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 1. PROTECTED WILDLIFE › § 115. Power of Department to take game or fish for propagating and restocking purposes.

§ 115. Power of Department to take game or fish for propagating and restocking purposes.
The Department may take any game birds, animals or fish in or out of season in any way for strictly propagating and restocking purposes.
Code 1915, §  2538;  30 Del. Laws, c. 176, §  6;  Code 1935, §  3025;  7 Del. C. 1953, §  121;  57 Del. Laws, c. 739, §  28;
2023 Delaware Code › Title 7 - Conservation › Chapter 2. NONGAME WILDLIFE AND HABITAT PRESERVATION PROGRAMS › § 201. Findings.

§ 201. Findings.
The General Assembly finds and declares:
(1) It is in the best interest of the State to preserve and enhance the diversity and abundance of nongame fish and wildlife, and to protect the habitat and natural areas harboring rare and vanishing species of fish, wildlife, plants and areas of unusual scientific significance or having unusual importance to the survival of Delaware's native fish, wildlife and plants in their natural environments.
(2) Rare and endangered species are a public trust in need of active, protective management, and that it is in the broad public interest to preserve and enhance such species.
(3) Historically fish and wildlife conservation programs have focused on the more recreationally and commercially important species and consequently, such programs have been financed largely by hunting and fishing license revenues and by the federal assistance based on excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the needs of all fish and wildlife.
(4) It is the policy of the State to enable and encourage taxpayers voluntarily to support nongame fish and wildlife, nongame habitat and natural areas preservation programs, including rare plants protection, through contributions designated on state income tax forms.
64 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 2. NONGAME WILDLIFE AND HABITAT PRESERVATION PROGRAMS › § 202. Definitions.

§ 202. Definitions.
(a) “Department” means the Department of Natural Resources and Environmental Control.
(b) “Nongame” is that fauna, including rare and endangered species, which are not commonly trapped, killed, captured or consumed, either for sport or profit.
64 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 2. NONGAME WILDLIFE AND HABITAT PRESERVATION PROGRAMS › § 204. Preservation Fund.

§ 204. Preservation Fund.
(a) In order to carry out the purpose of this chapter, there is hereby created a special fund, which shall be known as the Nongame Fish and Wildlife, Nongame Habitat and Natural Areas Preservation Fund of the Treasury of the State.
(b) All moneys received from the voluntary contribution system established in § 1181 of Title 30 shall be deposited in said Fund.
(c) The General Assembly shall make no appropriation into said Fund, but individuals may, from time to time, make contributions or bequests to the Fund.
(d) The moneys contained in said Fund shall be continuously transferred to the Department of Natural Resources and Environmental Control for the exclusive purpose of carrying out the objectives of this chapter.
(e) The distribution of moneys among the subdivisions of the Department shall be determined by the Secretary of Natural Resources and Environmental Control.
(f) The Department shall make an annual report to the General Assembly, which shall include the amount of funding derived from the contributions and a summary of projects undertaken in furtherance of this chapter.
(g) From time to time as determined by the Delaware State Clearinghouse Committee, the Department shall submit a detailed report to members of the Committee of revenues, expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the Department to appear before the Committee and to answer such questions as the Committee may require.
64 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 5. LICENSES › Subchapter I. Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees › § 501. Licenses.

§ 501. Licenses.
(a) Every resident of this State, except as otherwise provided in this chapter, shall obtain a general license before hunting, trapping and/or fishing in this State; and every resident required to obtain a hunting license who was born after January 1, 1967, shall have satisfactorily completed not less than 10 hours of approved instruction, which includes but is not limited to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification and a hands-on live firing experience by a trained firearms instructor before such person makes application for a hunting license. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement.
(b) Commencing July 1, 1986, every resident, except as otherwise provided, shall obtain a trapping license before trapping any animals regulated by this title. Every resident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application for a trapping license.
27 Del. Laws, c. 152, §  3;  Code 1915, §  2413;  40 Del. Laws, c. 191, §  26;  Code 1935, §  2885;  47 Del. Laws, c. 77, §  1;  7 Del. C. 1953, §  501;  57 Del. Laws, c. 347;  58 Del. Laws, c. 32;  58 Del. Laws, c. 511, §  9;  65 Del. Laws, c. 217, §  1;  69 Del. Laws, c. 56, §  1;  77 Del. Laws, c. 129, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 5. LICENSES › Subchapter I. Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees › § 503. Application for resident's license; proof of residence; use of license information.

§ 503. Application for resident's license; proof of residence; use of license information.
(a) Each applicant for a resident's license shall present reasonable proof to the Department or its duly authorized agent that the applicant is a bona fide resident of this State. The Social Security number of the applicant shall be included on the application for any resident's license. The information contained within hunting, fishing, and trapping licenses and related databases may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research purposes involving hunting, trapping, or fishing harvest surveys conducted by Department scientists, excluding Social Security information, or as otherwise authorized by law.
(b) The Department may use or provide a contractor with license information, excluding Social Security information, for the following limited purposes:
(1) Retaining or recruiting hunters, trappers, and anglers.
(2) Sustaining and increasing associated license sales.
(c) Any contractor selected by the Department pursuant to subsection (b) of this section shall be subject to a confidentiality agreement that prevents the contractor from releasing, transferring, or using license information for any other purposes.
27 Del. Laws, c. 152, §  3;  Code 1915, §  2413;  40 Del. Laws, c. 191, §  26;  Code 1935, §  2885;  7 Del. C. 1953, §  503;  57 Del. Laws, c. 739, §  32;  59 Del. Laws, c. 96, §  5;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 6, §  2;  74 Del. Laws, c. 337, §  1;  77 Del. Laws, c. 425, §  1;  78 Del. Laws, c. 39, §  1;  80 Del. Laws, c. 106, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 5. LICENSES › Subchapter I. Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees › § 504. License fees for residents; additional tags.

§ 504. License fees for residents; additional tags.
(a) Residents shall pay to the Department or its duly authorized agents the following license fees:
(1) $39.50 for a general hunting license.
(2) $10 for a trapping license.
(3) $8.50 for a general fishing license.
(4) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet.
(5) $5.00 for a junior hunting license for a resident age 13 through 15 with the criteria for issuing the license established by the Department pursuant to § 103 of this title.
(6) $100 for a fishing guide license and $159.50 for a hunting guide license.
(b) The Department may issue an additional tag or tags to kill deer. The criteria for issuing a tag or tags shall be established by the Department pursuant to § 103 of this title. The amount charged for each tag or set of tags shall be $20.
(c) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:
(1) $150 for a charter boat, as defined in § 906(9) of this title, license; and
(2) $300 for a head boat, as defined in § 906(36) of this title, license.
27 Del. Laws, c. 152, §  3;  Code 1915, §  2413;  40 Del. Laws, c. 191, §  26;  Code 1935, §  2885;  45 Del. Laws, c. 215, §  1;  47 Del. Laws, c. 77, §  1;  7 Del. C. 1953, §  504;  53 Del. Laws, c. 421, §§  1, 2;  57 Del. Laws, c. 41, §§  1, 2;  57 Del. Laws, c. 739, §  33;  65 Del. Laws, c. 217, §  2;  67 Del. Laws, c. 451, §§  1, 2;  68 Del. Laws, c. 75;  76 Del. Laws, c. 71, §§  4, 5;  76 Del. Laws, c. 72, §§  2-4;  80 Del. Laws, c. 333, § 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 5. LICENSES › Subchapter I. Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees › § 505. License requirements for members of the armed forces.

§ 505. License requirements for members of the armed forces.
Any member of the armed forces of the United States of America, including any Reserve component thereof, serving on full-time active duty in the State of Delaware while not deployed or on temporary duty, and any member of Delaware's National Guard, shall be deemed a resident of this State for the purpose of obtaining a license to hunt, trap, and fish in this State. Each such application shall be supported by a written statement signed by the applicant's commanding officer certifying to the applicant's place of station and duty status.
27 Del. Laws, c. 152, §  3;  Code 1915, §  2413;  40 Del. Laws, c. 191, §  26;  Code 1935, §  2885;  48 Del. Laws, c. 155, §  1;  7 Del. C. 1953, §  505;  49 Del. Laws, c. 397;  77 Del. Laws, c. 440, §  1;  78 Del. Laws, c. 34, §§  1, 2;