CHAPTER 431

AN ACT TO AMEND TITLE 6, DELAWARE CODE, BY ADDING A CHAPTER 38 THERETO PROVIDING FOR BROADCASTING CERTAIN PUBLIC NOTICES.

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

Section 1. Title 6, Delaware Code, is amended by adding thereto a new Chapter 38 to read as follows:

CHAPTER 38. BROADCASTING SUPPLEMENTARY PUBLIC NOTICES

§ 3801. Definitions

As used in this Chapter unless the context requires a different meaning:

(a) "Broadcast" means the transmission of information by means of radio or television facilities.

() "Notice" means any notice that is required by law to be published.

(a) "Station" means any radio or television station licensed for commercial or educational operation by the Federal Communications Commission.

§ 3802. Supplemental publication

(a) Any state or other public officer who is required by law to publish any notice may supplement publication thereof by causing such notice or a concise summary or description thereof to be broadcast at such times and with such frequency as he determines suitable when, in his judgment, the public interest is served thereby.

(b) Notices by political subdivisions of this State, cities, municipal and quasi municipal corporation, special districts and other public agencies shall be made only by stations whose primary broadcast coverage encompasses the county or counties in which the notice is required to be given.

§ 3803. Broadcast requirements

In the broadcast of the notice or material under this Chapter, no reference by name to any person who is a candidate for elective public office at the time of the broadcast shall be made.

(a) Each station that broadcasts any notice or material under this Chapter shall retain at its office a copy or transcription of the text of the notice or material as broadcast for a period six months after the broadcast. The copy or transcript shall be available for public inspection at reasonable times.

§ 3804. Affidavit

Proof of publication of the notice or other material under this Chapter shall be by affidavit of the owner, manager, assistant manager or program director of the station, in substantially the following form:

AFFIDAVIT OF BROADCAST

State of Delaware,

County of _________

ss.

1, __________________________________________________

being first duly sworn, depose and say that I am the owner, manager, assistant manager or program director of station __________ , a radio (television) station broadcasting from __________ in the aforesaid county and state; that the notice (or other material) described as __________ was broadcast on the following days: (here set forth dates and times when the same was broadcast).

Subscribed and sworn to before me __________ , 19 ___

Month Day

________________________

Notary Public for Delaware

My commission expires: ____________________

§ 3805. Selection of stations

All public officials performing functions under this Chapter shall select stations that best assure effective publicity for the notice or material being broadcast, based on the nature of the material being broadcast.

§ 3806. Payment on behalf of State

The cost of such broadcast shall be paid out of the funds of the agency in whose behalf the broadcast is made.

Approved August 1, 1968.