Delaware Code Title 29 Sec. 5839 – Violation and penalties
(a) Any person who knowingly fails to register as a lobbyist as required by this subchapter shall be guilty of a misdemeanor.
Terms Used In Delaware Code Title 29 Sec. 5839
- Commission: means the State Public Integrity Commission. See Delaware Code Title 29 Sec. 5831
- General Assembly: includes any member, committee or subcommittee of either House of the General Assembly. See Delaware Code Title 29 Sec. 5831
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lobbyist: means any individual who acts to promote, advocate, influence or oppose any matter pending before the General Assembly by direct communication with the General Assembly or any matter pending before a state agency by direct communication with that state agency, and who in connection therewith either:
- Person: means any individual, partnership, corporation, trust, joint venture and any other association of individuals or entities. See Delaware Code Title 29 Sec. 5831
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Any person who knowingly furnishes false information in any registration, authorization or report required by this subchapter shall be guilty of a misdemeanor.
(c) Any person who fails to file an authorization or report, as required by this subchapter shall be deemed to have voluntarily cancelled registration as a lobbyist and shall be prohibited from reregistering or acting as a lobbyist until all delinquent authorizations and/or reports have been filed. Any person who fails to timely file a report pursuant to § 5835 of this title shall pay a late fee of $25 for the first day and $10 for each subsequent day the report is delinquent. The maximum late filing fee shall be $100. The Commission may waive the late filing fee if the Commission determines that the circumstances make imposition of the fee inappropriate. The fee(s) is payable through the Public Integrity Reporting System database maintained by the Commission. All revenue generated by the late filing fees shall be deposited in an appropriated special fund account for the Commission. These funds shall be used to fund all costs necessary to defray the expenses of administration of § 5835 of this title.
(d) The Commission may refer to the Commission Counsel for investigation and/or refer any suspected violation of this subchapter to the Attorney General for investigation and prosecution. The Speaker of the House, the presiding officer of the Senate, the Legislative Council or any member of the General Assembly shall refer, or any other person may refer, any suspected violation of this subchapter to the Commission and/or the Attorney General of the State.
(e) The Superior Court shall have exclusive jurisdiction over all offenses under this subchapter.
69 Del. Laws, c. 467, § ?28; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 401, § ?1; 79 Del. Laws, c. 350, § ?1; 79 Del. Laws, c. 427, § ?1;