Current through 2024 Legislative Session Act Chapter 531
Section 4306 - Appointment of notaries for certain service organizations; limited governmental notaries; limitations(a) The Governor may, upon the request of the department commander of a State-recognized veterans' organization, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, commander or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any veteran, their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered. (b) The Governor may, upon the request of any administrative head of any volunteer fire company or volunteer ambulance and rescue company, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, chief or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any members of the organizations listed herein to include their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered. (c) On the request of the administrative head of a qualified police agency, the Governor shall appoint a sufficient number of limited governmental notaries public as may be requested by the administrative head to facilitate the law-enforcement responsibilities of the qualified police agency. The appointment is to be for a term of 2 years, without charge to the appointee, administrative head, or police agency. For purposes of this section, a "qualified police agency" means a state, county, municipal, or local governmental agency or unit of this State whose personnel includes full-time police officers who are statutorily responsible for the prevention or investigation of crime involving injury to persons or property and who are authorized to execute search warrants and to make arrests. (d)(1) The Governor may appoint as a limited governmental notary public an individual who otherwise meets the requirements of § 4301(b) of this title if all of the following apply: a. The individual is an employee of a state governmental agency or unit or an employee of a qualified police agency. b. The individual submits all of the following forms to be established by the Secretary:1. An application form completed by the individual.2. An employer request and approval form.(2)a. An appointment under paragraph (d)(1) of this section expires on the end of the individual's employment with a state governmental agency or unit or qualified police agency and is to be made without charge to the appointee or the agency or unit or qualified police agency.b. An individual appointed under paragraph (d)(1) of this section may not do any of the following: 1. Perform a notarial act other than a notarial act authorized by the individual's state governmental agency or unit or qualified police agency.2. Charge for a service rendered.c. Except for the expiration date statement, which must state "My Commission expires upon office", the individual's official stamp must comply with § 4330 of this title.d. If the individual transfers employment to another state governmental agency or unit or qualified police agency, the individual shall notify the Secretary of State of the transfer within 30 days. The individual may retain the appointment only if the individual provides to the Secretary of State an employer request and approval form from the agency or unit or qualified police agency to which the individual transferred.Amended by Laws 2021, ch. 425,s 3, eff. 8/1/2023.Code 1935, § 1136; 41 Del. Laws, c. 99; 29 Del. C. 1953, § 4304; 50 Del. Laws, c. 37, § 1; 51 Del. Laws, c. 361; 56 Del. Laws, c. 174; 58 Del. Laws, c. 10; 66 Del. Laws, c. 139, §2; 67 Del. Laws, c. 349, §1; 70 Del. Laws, c. 3, § 1; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 4.;