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Delaware Code Title 29. State Government § 5804. Definitions

Current as of January 01, 2022 | Updated by FindLaw Staff

For the purposes of this subchapter:

(1) “Close relative” means a person's parents, spouse, children (natural or adopted) and siblings of the whole and half-blood.

(2) “Commission” means the State Public Integrity Commission established by this chapter.

(3) “Commission Counsel” means the legal counsel appointed by the Commission pursuant to this chapter.

(4) “Compensation” means any money, thing of value or any other economic benefit of any kind or nature whatsoever conferred on or received by any person in return for services rendered or to be rendered by oneself or another.

(5) A person has a “financial interest” in a private enterprise if:

a. The person has a legal or equitable ownership interest in the enterprise of more than 10% (1% or more in the case of a corporation whose stock is regularly traded on an established securities market);

b. The person is associated with the enterprise and received from the enterprise during the last calendar year or might reasonably be expected to receive from the enterprise during the current or the next calendar year income in excess of $5,000 for services as an employee, officer, director, trustee or independent contractor; or

c. The person is a creditor of a private enterprise in an amount equal to 10% or more of the debt of that enterprise (1% or more in the case of a corporation whose securities are regularly traded on an established securities market).

(6) “Honorary state official” means a person who serves as an appointed member, trustee, director or the like of any state agency and who receives or reasonably expects to receive not more than $5,000 in compensation for such service in a calendar year (not including any reimbursement for expenses).

(7) “Matter” means any application, petition, request, business dealing or transaction of any sort.

(8) “Person” means an individual, partnership, corporation, trust, joint venture and any other association of individuals or entities.

(9) “Private enterprise” means any activity conducted by any person, whether conducted for profit or not for profit and includes the ownership of real or personal property. Private enterprise does not include any activity of the State or of any political subdivision or of any agency, authority or instrumentality thereof.

(10) “State” means the State of Delaware and includes any state agency.

(11) “State agency” means any office, department, board, commission, committee, court, school district, board of education and all public bodies existing by virtue of an act of the General Assembly or of the Constitution of the State, excepting only political subdivisions of the State, their agencies and other public agencies not specifically included in this definition which exist by virtue of state law, and whose jurisdiction:

a. Is limited to a political subdivision of the State or to a portion thereof; or

b. Extends beyond the boundaries of the State.

(12) a. “State employee” means any person:

1. Who receives compensation as an employee of a state agency;

2. Who serves as an appointed member, trustee, director or the like of any state agency and who receives or reasonably expects to receive more than $5,000 in compensation for such service in a calendar year (not including any reimbursement for expenses); or

3. Who is an elected or appointed school board member.

b. “State employee” does not include:

1. Members of the General Assembly;

2. The Chief Justice and Justices of the Supreme Court;

3. The Chancellor and Vice-Chancellors of the Court of Chancery;

4. The President Judge and Judges of Superior Court;

5. The Chief Judge and Judges of Family Court;

6. The Chief Judge and Resident Judges of the Court of Common Pleas;

7. The Chief Magistrate and Justices of the Peace;

8. State officers; or

9. Honorary state officials.

(13) “State officer” means any person who is required by subchapter II of this chapter to file a financial disclosure statement but does not include:

a. Members of the General Assembly;

b. The Chief Justice and Justices of the Supreme Court;

c. The Chancellor and Vice-Chancellors of the Court of Chancery;

d. The President Judge and Judges of Superior Court;

e. The Chief Judge and Judges of Family Court;

f. The Chief Judge and Judges of the Court of Common Pleas; or

g. The Chief Magistrate and Justices of the Peace.

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Cite this article: FindLaw.com - Delaware Code Title 29. State Government § 5804. Definitions - last updated January 01, 2022 | https://codes.findlaw.com/de/title-29-state-government/de-code-sect-29-5804/

Read this complete Delaware Code Title 29. State Government § 5804. Definitions on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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