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Delaware Laws | Title 29 State Government
CHAPTER 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE
Subchapter II. Financial Disclosure

(4) The source of each of the following items received during the preceding calendar year, or reasonably expected to be received during the current calendar year: (14956)

a. Any income derived for services rendered exceeding $1,000 from a single source, unless such income is otherwise identified pursuant to paragraph (a)(2) or (3) of this section; or (14957)

b. Any capital gain exceeding $1,000 from a single source other than from the sale of a residence occupied by the public officer; or (14958)

c. Any reimbursement for expenditures exceeding $1,000 from a single source; or (14959)

d. Any honoraria; or (14960)

e. Any gift with a value in excess of $250 received from any person, identifying also in each case the amount of each such gift. For purposes of compliance with this gift reporting obligation, the recipient may rely in good faith upon the representation of the source of the gift as to the gift's value; and (14961)

(5) Each creditor to whom the public officer was indebted for a period of 90 consecutive days or more during the preceding calendar year in an aggregate amount in excess of $1,000. (14962)

(b) Each report required by this section shall contain a certification by the public officer that the officer has read the report, and that to the best of the officer's knowledge and belief it is true, correct and complete, and that the officer has not and will not transfer any assets, interests or property for the purpose of concealing it from disclosure while retaining an equitable interest therein. (14963)

(c) Not later than 14 days after becoming a public officer as defined in Sec. 5812 of this title, the report required by this subchapter shall be filed. Thereafter, the report shall be filed on March 15 of each year. (14964)

(d) Each report required by this section shall be filed with the Commission. (14965)

(64 Del. Laws, c. 110, Sec. 1; 67 Del. Laws, c. 418, Sec. 2; 69 Del. Laws, c. 467, Sec.Sec. 21-23; 70 Del. Laws, c. 186, Sec. 1; 75 Del. Laws, c. 57, Sec.Sec. 4, 5; 77 Del. Laws, c. 353, Sec. 1.) (14966)

Sec. 5813A. Report disclosing council or board membership [Effective Jan. 8, 2011] (14967)(Text)

(a) Every person elected to a state office or appointed to fill a vacancy in an elective state office, or who has filed as a candidate for an elective state office shall disclose in writing to the Commission, and the Commission shall record in its public officer docket, the name and address of every nonprofit organization, excluding religious organizations, civic association, community association, foundation, maintenance organization, or trade group incorporated in the State or having activities in the State, or both, of which the person is a council member or board member. (14968)

(b) The disclosure required by subsection (a) of this section must be submitted along with, or as part of, the financial disclosure information required to be provided to the Commission pursuant to Sec. 5813 of this title. (14969)

(77 Del. Laws, c. 349, Sec. 1.) (14970)

Sec. 5814. Retention of reports. (14971)(Text)

(a) The Commission shall keep the reports required by this subchapter on file for so long as the person submitting such report is a public officer of this State, as defined in Sec. 5812 of this title, and for at least 5 years thereafter. All reports on file with agencies other than the Commission as of January 15, 1995 shall be transferred to the Commission by April 15, 1995. (14972)

(b) The reports filed pursuant to this subchapter shall be made available at reasonable hours for public inspection and copying pursuant to Chapter 100 of this title. (14973)

(64 Del. Laws, c. 110, Sec. 1; 69 Del. Laws, c. 467, Sec. 24.) (14974)

Sec. 5815. Violations; penalties; jurisdiction of Superior Court [Effective until Jan. 8, 2011] (14975)(Text)

(a) Any public officer who wilfully fails to file a report in violation of Sec. 5813 of this title shall be guilty of a class B misdemeanor. (14976)

(b) Any public officer who knowingly files any report required by Sec. 5813 of this title that is false in any material respect shall be guilty of a class A misdemeanor. (14977)

(c) The Commission may refer to the Commission Counsel for investigation and/or may refer any suspected violation of this subchapter to the Attorney General for investigation and prosecution; provided however, that the Commission shall refer any suspected violation of this subchapter by a member of the General Assembly or the Judiciary to the Attorney General, who shall have the exclusive authority to investigate and prosecute or otherwise recommend remedies or sanctions for such suspected violation. (14978)

(d) Superior Court shall have jurisdiction over all offenses under this subchapter. (14979)

(64 Del. Laws, c. 110, Sec. 1; 69 Del. Laws, c. 467, Sec. 25.) (14980)

Sec. 5815. Violations; penalties; jurisdiction of Superior Court [Effective Jan. 8, 2011] (14981)(Text)

(a) Any public officer who wilfully fails to file a report in violation of Sec.Sec. 5813, 5813A of this title shall be guilty of a class B misdemeanor. (14982)

(b) Any public officer who knowingly files any report required by Sec.Sec. 5813, 5813A of this title that is false in any material respect shall be guilty of a class A misdemeanor. (14983)

(c) The Commission may refer to the Commission Counsel for investigation and/or may refer any suspected violation of this subchapter to the Attorney General for investigation and prosecution; provided however, that the Commission shall refer any suspected violation of this subchapter by a member of the General Assembly or the Judiciary to the Attorney General, who shall have the exclusive authority to investigate and prosecute or otherwise recommend remedies or sanctions for such suspected violation. (14984)

(d) Superior Court shall have jurisdiction over all offenses under this subchapter. (14985)

(64 Del. Laws, c. 110, Sec. 1; 69 Del. Laws, c. 467, Sec. 25; 77 Del. Laws, c. 349, Sec. 2.) (14986)

Sec. 5816. Protection of confidentiality. (14987)(Text)

Nothing contained in this subchapter shall be construed as requiring the disclosure of any fact the confidentiality of which is protected by any applicable federal or state law. (14988)

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