CHAPTER 76

AN ACT TO AMEND SECTION 9305, TITLE 9, DELAWARE CODE, RELATING TO DUTIES AND POWERS OF COUNTY COMPTROLLERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 9305, Title 9, Delaware Code, is amended by adding the following new sub-sections, (j); (k); (1) and (m) as follows:

(j) The Comptroller may adopt a facsimile of his signature, in lieu of his usual signature, and affix such facsimile to any check, draft, warrant, voucher or other instrument for the payment of money that he is required to sign. Notice of the adoption of any such facsimile signature shall be given in writing to the depository from which funds are to be withdrawn which notice shall include a description of such facsimile signature. Prior to use of such facsimile, the written approval of such depository must be obtained.

(k) Any depository, bank, or other person which in good faith gives value for any check, draft, warrant, voucher, or other instrument for the payment of money bearing a duly adopted facsimile signature as authorized hereby shall be fully protected in such giving of value notwithstanding that the facsimile signature shall have been affixed without the authority or knowledge of the person whose signature it should purport to be.

(1) No person shall fraudulently imitate or duplicate or attempt to fraudulently imitate or duplicate the facsimile signature of the County Comptroller who is permitted in the performance of his duties to affix his signature to checks, drafts, warrants, vouchers, or other instruments for the payment of money, nor shall any person cause any such genuine facsimile signatures to be printed or impressed to checks, drafts, warrants, vouchers, or other instruments for the payment of money, without the authority of said person so authorized.

(m) No provision hereof shall release the liability of any public official, employee, or other person for loss of funds occasioned by any unauthorized use or misuse of a duly adopted facsimile signature. All officials may protect themselves from loss, damage, or expense occasioned by the unauthorized use of such facsimile signature by purchasing, at public expense, a surety bond or insurance in such amount as is approved by the Levy Court.

Any person violating any provisions of sub-section (1) shall, upon conviction, be deemed guilty of a felony and shall be imprisoned for a term not to exceed five years and/or fined not less than $500.00 nor more than $2,500.00 or both, in the discretion of the Court.

Approved June 26, 1963.