2019 Delaware Code
Title 29 - State Government
Chapter 43. Notaries Public
Subchapter I Office and Duties
§ 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) Upon the request of the administrative head of any state, county, municipal, or local governmental agency or unit of this State whose personnel include 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 (hereinafter called a “qualified police agency”), the Governor shall appoint a sufficient number of electronic notaries public as may be requested by the administrative head to facilitate the law-enforcement responsibilities of the agency or unit. The appointments shall be for a term of 2 years, without charge to the appointee, administrative head, or police agency, except for costs not waived by the Secretary which are established under § 4307(b) of this title for special identification cards, hardware, or other related materials and technologies or training. 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, their respective police agency. The notaries public so appointed shall make no charge for any service rendered and the Secretary may waive the fees established pursuant to the schedule authorized under § 4307(c) of this title for electronic notarial acts or services performed by such electronic notaries public.
(d) The Governor may appoint as limited governmental notaries public who otherwise meet the requirements of § 4301(b) or (c) of this title provided:
(1) The individual is an employee of a state governmental agency or unit; or
(2) The individual is an employee of a qualified police agency as defined in subsection (c) of this section above; and
(3) The individual submits the following forms to be established by the Secretary:
a. An application form completed by the applicant; and
b. An employer request and approval form.
Such appointments shall expire upon the end of the notary’s employment with the State or qualified police agency and shall be made without charge to the appointee or the agency or unit. 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 for those duties established by their respective agency or unit. The notaries public so appointed shall make no charge for any service rendered. The engraving of the notary seal shall comply with § 4310(a) of this title except that the Commission expiration date statement required by such subsection shall be satisfied by the phrase “My Commission expires upon office.” A notary public appointed under this subsection that transfers employment to another state governmental agency or unit or qualified police agency shall notify the Secretary of such change within 30 days. The notary may only retain the appointment upon receipt of an employer request and approval form from the agency or unit to which the notary transferred.
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.
