Delaware General Assembly


CHAPTER 485

FORMERLY

HOUSE BILL NO. 1207

AN ACT TO AMEND TITLE 5, DELAWARE CODE, RELATING TO THE FARMERS BANK COMMISSION.

Be it enacted by the general assembly of the State of Delaware:

Section 1. Amend §934, Title 5, Delaware Code, by

adding a new subsection (j) to read as follows:

"(j) The State shall indemnify a Commissioner who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he is or was a Commissioner, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in the best interests of the State and with respect to any criminal action or proceeding had no reasonable cause to believe his conduct was unlawful. Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the State in advance of final disposition of such action, suit or proceeding as authorized by a majority vote of the Commissioners, unless more than a majority of the Commissioners shall also be parties to the same action, suit or proceeding, in which instance, such authorization shall be by the Governor of the State of Delaware."