CHAPTER 57

FORMERLY HOUSE BILL NO. 191

AN ACT TO AMEND PART V, TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC OFFICERS AND EMPLOYEES, AND PROVIDING FOR A UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT.

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

Section I. Amend Part V, Title 29 of the Delaware Code, by adding thereto a new Chapter, to be known and designated as Chapter 52, which new Chapter shall read as follows:

CHAPTER 52. UNIFORM FACSIMILE SIGNATURES OF
PUBLIC OFFICIALS ACT

§ 5201. Definitions

As used in this Act

(a) "Public Security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies, or other instrumentalities or by any of its political subdivisions.

(b) "Instrument of Payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.

(c) "Authorized Officer" means any official of this state or any of its departments, agencies, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.

(d) "Facsimile Signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.

95202. Facsimile signature

Any authorized officer, after filing with the Secretary. of

State his manual signature certified by him under oath, may

execute or cause to be executed with a facsimile signature in lieu of his manual signature:

(a) Any public security, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and

(b) Any instrument of payment.

Upon compliance with this Act by the authorized officer, his facsimile signature has the same legal effect as his manual signature.

§5203. Use of facsimile seal

When the seal of this state or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.

§ 5204. Violation and penalty

Any person who with intent to defraud uses on a public security or an instrument of payment:

(a) A facsimile signature, or any reproduction of it, of any authorized officer, or

(b) Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions is guilty of a felony and shall suffer such criminal sanctions and penalties as are appropriate in this state for conviction of the crime of forgery.

§ 5205. Uniformity of interpretation

This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

§ 5206. Short title

This Act may be cited as the Uniform Facsimile Signature of Public Officials Act.

§5207. Severability

If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

§ 5208. Time of taking effect

This Act shall take effect upon signature by the Governor."

Approved May 6, 1971.