29 Del. C. § 5805 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5805
§ Â
        5805. Prohibitions relating to conflicts of interest.
Status: in_force

(a) Restrictions on exercise of official authority. — (1) No state employee, state officer or honorary state official may participate on behalf of the State in the review or disposition of any matter pending before the State in which the state employee, state officer or honorary state official has a personal or private interest, provided, that upon request from any person with official responsibility with respect to the matter, any such person who has such a personal or private interest may nevertheless respond to questions concerning any such matter. A personal or private interest in a matter is an interest which tends to impair a person’s independence of judgment in the performance of the person’s duties with respect to that matter.

(2) A person has an interest which tends to impair the person’s independence of judgment in the performance of the person’s duties with respect to any matter when:

a. Any action or inaction with respect to the matter would result in a financial benefit or detriment to accrue to the person or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons; or

b. The person or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by any action or inaction on a matter to a lesser or greater extent than like enterprises or other interests in the same enterprise.

(3) In any case where a person has a statutory responsibility with respect to action or nonaction on any matter where the person has a personal or private interest and there is no provision for the delegation of such responsibility to another person, the person may exercise responsibility with respect to such matter, provided, that promptly after becoming aware of such conflict of interest, the person files a written statement with the Commission fully disclosing the personal or private interest and explaining why it is not possible to delegate responsibility for the matter to another person.

(b) Restrictions on representing another’s interest before the State. — (1) No state employee, state officer or honorary state official may represent or otherwise assist any private enterprise with respect to any matter before the state agency with which the employee, officer or official is associated by employment or appointment.

(2) No state officer may represent or otherwise assist any private enterprise with respect to any matter before the State.

(3) This subsection shall not preclude any state employee, state officer or honorary state official from appearing before the State or otherwise assisting any private enterprise with respect to any matter in the exercise of such person’s official duties.

(c) Restrictions on contracting with the State. —

No state employee, no state officer and no private enterprise in which a state employee or state officer has a legal or equitable ownership of more than 10% (more than 1% in the case of a corporation whose stock is regularly traded on an established securities market) shall enter into any contract with the State (other than an employment contract) unless such contract was made or let after public notice and competitive bidding. Such notice and bidding requirements shall not apply to contracts involving $5,000 per year or less if the terms of such contract reflect arms’ length negotiations.

(d) Post-employment restrictions. — No person who has served as a state employee, state officer or honorary state official shall represent or otherwise assist any private enterprise on any matter involving the State, for a period of 2 years after termination of employment or appointed status with the State, if the person gave an opinion, conducted an investigation or otherwise was directly and materially responsible for such matter in the course of official duties as a state employee, officer or official. Nor shall any former state employee, state officer or honorary state official disclose confidential information gained by reason of public position nor shall the person otherwise use such information for personal gain or benefit.

(e) Unauthorized disclosure of confidential information. — No person shall disclose any information required to be maintained confidential by the Commission under § 5806(d), § 5807(b) or (d), or § 5810(h) of this title.

(f) Criminal sanctions. — (1) Any person who knowingly or wilfully violates any provision of this section shall be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more than 1 year and by a fine not to exceed $10,000.

(2) A prosecution for a violation of this section shall be subject to the time limitations of § 205 of Title 11.

(3) The Superior Court shall have exclusive jurisdiction over prosecution for all criminal violations of this section.

(g) Contracts voidable by court action. — In addition to any other penalty provided by law, any contract entered into by any state agency in violation of this subchapter shall be voidable by the state agency; provided, that in determining whether any court action should be taken to void such a contract pursuant to this subsection, the state agency shall consider the interests of innocent 3rd parties who may be damaged thereby. Any court action to void any transaction must be initiated within 30 days after the state agency involved has, or should have, knowledge of such violation.

(h) Exceptions for transportation contracts with school districts. — Except for transportation supervisors for any school district within this State, nothing in this section shall prohibit an employee or the employee’s spouse or children (natural or adopted) from contracting for the transportation of school children. Such transportation contracts may be entered into by an employee or the employee’s spouse or children without public notice and competitive bidding as is provided in § 6904(c) of this title.

(i) [Deleted.]
29 Del. C. § 8303 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8303
§ Â
        8303. Powers, duties and functions of the Secretary.
Status: in_force

The Secretary shall have the following powers, duties and functions:

(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(2) To appoint, and fix the salary of, with the written approval of the Governor, the following division directors, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:

a. A Director of the Division of Accounting, who shall be known as the Director of Accounting, and who shall be qualified by training and experience to perform the duties of the office;

b. A Director of the Division of Revenue, who shall be known as the Director of Revenue, and who is generally known to possess knowledge of the subject of taxation and has recognized ability and wide experience in administrative positions and has had the right to vote for a member of the General Assembly of this State at the last general election preceding the member’s appointment;

c. A Director of the State Lottery Office who shall be known as the Lottery Director and who shall meet the qualifications as set forth in § 4804 of this title;

(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(4) To establish, consolidate or abolish such divisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(6) To delegate any of the Secretary’s powers, duties or functions to a director of a division, except the power to remove employees of the Department or to fix their compensation;

(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

(8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(9) To adopt an official seal or seals for the Department.
29 Del. C. § 7802 — Delaware Code / Title 29 / Chapter 78 / Section 7802
§ Â
        7802. Statement of policy.
Status: in_force

The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for emergency interim succession to governmental offices of this State, and its political subdivisions, if the incumbents of these offices or the deputies of these incumbents are unavailable to perform the duties and functions of these offices. The General Assembly further finds and declares that this emergency interim succession process is intended to do all of the following:

(1) Assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the State and its political subdivisions.

(2) Provide for the effective operation of governments during an emergency.

(3) Facilitate the early resumption of functions temporarily suspended.
29 Del. C. § 2908 — Delaware Code / Title 29 / Chapter 29 / Section 2908
§ Â
        2908. Clerical and professional assistance.
Status: in_force

(a) Subject to appropriation limitations, the Auditor may:

(1) Employ such qualified office personnel and trained and experienced field personnel as are required to carry out such duties; and

(2) Engage the services of public accountants to make audits of selected agencies.

(b) If public accountants are hired, the individual or firm hired must be licensed to practice as a certified public accountant within the State.
29 Del. C. § 6052 — Delaware Code / Title 29 / Chapter 60A / Section 6052
§ Â
        6052. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” shall mean the Plans Management Board pursuant to § 2722 of this title.

(2) “Deferred compensation” means income earned as a public officer or employee of the State which, pursuant to a written agreement between the State and the employee, is set aside for retirement purposes.

(3) “Deferred compensation program” means such plans to allow deferred compensation pursuant to §§ 457, 403(b) and 401(a) of the Internal Revenue Code [26 U.S.C. §§ 457, 403(b) and 401(a)], as may be adopted by the Board.

(4) “Employee” means an individual who is employed by the State, including elected or appointed officials, and who receives compensation wholly or in part directly from the State Treasury or through an agency within the State that is wholly or in part supported by the State. The term “employee” includes employees of the Delaware Transit Corporation and Delaware Solid Waste Authority. Individuals hired as consultants shall not qualify as employees.

(5) “Qualified participant” is defined as an employee of the State, including school districts, who has deferred compensation under the provisions of this chapter and satisfies either of the following conditions:

a. Employee must be enrolled in the deferred compensation program for no less than 6 consecutive months immediately preceding receipt of the match;

b. Employee has deferred the maximum allowable by the Internal Revenue Service within the 6 months preceding receipt of the match.
29 Del. C. § 5808A — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5808A
§ Â
        5808A. Commission Counsel; powers and duties.
Status: in_force

(a) There shall be a Commission Counsel who shall be the legal representative of the Commission and have the following powers and duties:

(1) To assist the Commission in preparing and publishing manuals and guides explaining the duties of individuals covered by this chapter and in other activities, such as seminars and workshops, educating individuals covered by this chapter about its requirements and purposes, and giving instructions and public information materials to facilitate compliance with, and enforcement hereof.

(2) To provide legal counsel to the Commission concerning any matter arising in connection with the exercise of its official powers or duties.

(3) To review information coming to the attention of the Commission relating to potential violations of this chapter.

(4) To investigate information coming to the attention of the Commission that, if true, would constitute a violation of any provision of this chapter and/or to recommend that possible violations of these, or other state and federal laws, be referred by the Commission to the Attorney General or the United States Attorney for investigation and prosecution. Matters may be so referred to the Attorney General or the United States Attorney only upon a determination by at least a majority of the Commission that there are reasonable grounds to believe that a violation may have occurred.

(5) To prosecute disciplinary proceedings, if a determination has been made by at least a majority of the Commission that there are reasonable grounds to believe that a violation may have occurred, before the Commission and to assist the Commission in drafting educational materials, waiver decisions and advisory opinions.

(6) To employ and supervise staff necessary to perform investigatory and prosecutorial functions.

(7) To maintain permanent records of all advisory, waiver, investigatory and prosecutorial matters.

(8) To perform any other tasks requested by the Commission concerning any matter arising in connection with the exercise of its official powers or duties.

(9) Under circumstances in which the Commission has not convened for 60 or more consecutive days, and after notice to the Commission, Commission Counsel may issue written advisory opinions upon the request of any state employee, state officer, honorary state official or state agency as to the applicability of this chapter to any particular fact situation if the request concerns an issue that does not require a waiver and that has previously been determined by:

a. Written opinion of the Commission; or

b. Court opinion interpreting the State Code of Ethics.

(b) The Commission Counsel may recuse from a matter before the Commission when, in the view of Commission Counsel or of the Commission, such recusal is deemed necessary or appropriate. In situations where Commission Counsel recuses, the duties of the Commission Counsel may be exercised by the Attorney General or by outside counsel chosen by the Commission.
29 Del. C. § 5038 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-A / Section 5038
§ Â
        5038. Reporting [Transferred].
Status: in_force

Transferred to § 8738A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9302 — Delaware Code / Title 29 / Chapter 93 / Section 9302
§ Â
        9302. Moving and related expenses.
Status: in_force

(a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after May 27, 1972, the agency shall make a payment to any displaced person upon proper application as approved by the agency for:

(1) Actual reasonable expenses in moving the person, the person’s family, business, farm operation or other personal property;

(2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property as determined by the agency;

(3) Actual reasonable expenses in searching for a replacement business or farm; and

(4) Actual expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, in accordance with criteria established by the agency, but not to exceed $10,000. Notwithstanding the limitations of the preceding sentence, state agency payments under this paragraph shall use the same criteria and shall be authorized to pay in excess of the $10,000 payment permitted by the preceding sentence under said criteria, but shall not use or attempt to obtain reimbursement from federal funds to the extent of the excess. In any event, total payments under this paragraph shall not exceed $22,500.

(b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a fixed expense allowance payment in an amount to be determined according to criteria established by the agency.

(c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person’s place of business or farm operation and who is eligible under criteria established by the agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the agency, except that such payment shall be not less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.

(d) In addition to all other payments authorized under this chapter, a person displaced by any program or project may receive reimbursement for miscellaneous expenses incurred within 30 days of relocation, which expenses are directly attributable to such relocation and which expenses have in fact been paid and for which a proper receipt can be shown. In no event, however, shall such miscellaneous payments as authorized by this subsection exceed 1% of the appraised residential fair market value of the residence acquired, as determined by such agency. Payments authorized by this subsection shall not be allowed if provided for by any other section of this chapter.
29 Del. C. § 4315 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4315
§ Â
        4315. Short title.
Status: in_force

This subchapter may be cited as the “Revised Uniform Law on Notarial Acts.”
29 Del. C. § 8702A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8702A
§ Â
        8702A. Definitions.
Status: in_force

As used in this chapter:

(1) “Council” means the Council on Development Finance created by § 8707A of this title.

(2) “Director” means the Director of the Division of Small Business.

(3) “Division” means the Division of Small Business.

(4) “Plan” means the Comprehensive State Plan for Economic Development created by § 8705A of this title.

(5) “Public/Private Partnership” means a nonprofit corporation not established by the General Assembly consisting of business and community leaders and public officials formed to enhance the State’s ability to attract, grow and retain businesses; facilitate the development of a stronger entrepreneurial and innovative economic system within the State; coordinate with the Division of Small Business; and, support private employers within the State in identifying, recruiting and developing talent for the operation of their business within the State.

(6) “Secretary” means the Secretary of State.

(7) “State” means the State of Delaware.
29 Del. C. § 5574 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5574
§ Â
        5574. Eligibility for disability pension.
Status: in_force

(a) A member who has 5 years of credited service, develops a disability and is no longer employed shall become eligible to receive a disability pension beginning with the month following the inception of his or her disability. Such member shall cease to be eligible at the end of the month in which he or she recovers from disability, if such recovery occurs before his or her attainment of age 60.

(b) A member shall be deemed to have a disability who is unable to engage in any substantial gainful activity for which the employee is reasonably suited by training or experience by reason of any medically determinable physical or mental disability which can be expected to result in death or to last for a period of not less than 12 months.
29 Del. C. § 6601C — Delaware Code / Title 29 / Chapter 66C / Section 6601C
§ Â
        6601C. Short title.
Status: in_force

This chapter shall be known as the “Delaware Children’s Internet Protection Act.”
29 Del. C. § 7304 — Delaware Code / Title 29 / Chapter 73 / Section 7304
§ Â
        7304. Architectural Accessibility Board â Created; composition; terms; vacancies; compensation.
Status: repealed

(a) The Architectural Accessibility Board is created as an agency of the State for carrying out the purpose of this chapter. The Board, for administrative purposes, is within the Office of Management and Budget.

(b) (1) The Board is composed of 9 members who are appointed by the Governor as follows:

a. One architect registered in this State.

b. One registered professional engineer in the field of structural engineering.

c. One general contractor with experience in commercial construction.

d. One attorney licensed in this State.

e. Four individuals with disabilities, at least 1 of whom uses a wheelchair.

f. One member of the general public who is a parent, guardian, or representative of an individual with a disability; provides services to individuals with disabilities; or has a demonstrated involvement in programs for individuals with disabilities.

(2) The Governor may appoint a member for a term of less than 4 years to ensure no more than 3 members’ terms expire in a year.

(3) Nothing in this section may be construed to prevent or disfavor an individual with a disability from serving in any of the positions described in paragraphs paragraphs (b)(1)a. through d. of this section. The intent of paragraphs (b)(1)e. and f. of this section is to provide for representatives of various types of disabilities and individuals with disabilities who cannot effectively represent themselves on the Board.

(c) The chair may request that any of the following individuals, or their designees, attend a scheduled meeting as needed to conduct business within the individual’s area of expertise:

(1) Secretary of the Department of Health and Social Services.

(2) Secretary of the Department of Labor.

(3) Secretary of the Department of Transportation.

(4) Director of the Office of Management and Budget.

(5) Secretary of the Department of Education.

(6) [Repealed.]

(7) Chairperson of the Governor’s Commission of Employment of the Handicapped.

(8) Chairperson of the Developmental Disabilities Planning Council.

(9) Chairperson of the Delaware Human and Civil Rights Commission.

(10) Chief building inspectors of each of the counties of this State and of the City of Wilmington, or if no such position exists, then an individual designated by the governing body of the jurisdiction.

(d) The Governor shall appoint a chair from among the members of the Board. The chair serves as the chair at the pleasure of the Governor.

(e) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Board meetings or attends less than 50% of Board meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation.

(f) Members must receive a compensation of $25 per day when the members are engaged in their duties as members of the Board. Members must be reimbursed for their actual travel and other necessary expenses incurred in carrying out their duties.
29 Del. C. § 8711A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8711A
§ Â
        8711A. Site Readiness Fund.
Status: in_force

(a) The Site Readiness Fund (“Fund”) is established to provide economic assistance for renovation, construction, or other improvements to infrastructure to attract new businesses to this State, or expand existing businesses in this State, when such an economic development opportunity would create a significant number of direct, quality, full-time jobs within the State.

(b) The purpose of the Fund is to cultivate a resource of commercial, industrial sites that are readily available to new businesses, established businesses that are considering moving to the State, or existing businesses within the State that need additional sites to remain or expand within the State. To expand and sustain economic growth within the State, it is critical to consistently maintain readily available commercial, industrial sites to attract new business, or expand existing businesses. Without a stable inventory of sites that are ready or able to be developed in a timely manner for business use, the delay in converting undeveloped sites capable of conducting business in compliance with applicable regulations and ordinances may cause the State to lose significant business opportunities that would benefit the economic well-being of its citizens.

(c) The applicant must meet all of the following criteria for projects to be eligible for funding under this section:

(1) Be sponsored by at least 1 public entity. For purposes of this section, a public entity is ether a county or a municipality. The sponsoring public entity must identify any regulations, zoning requirements, or local ordinances that apply to the project.

(2) Establish that the proposed improvement will create a significant number of direct, quality, full-time jobs.

(3) Demonstrate financial stability.

(4) Serve a public purpose.

(d) In addition to the criteria established in subsection (c) of this section, an applicant to the Fund must establish all of the following business organizational requirements:

(1) Validly exist as a corporation, public entity, limited liability company, or other regulated entity.

(2) Be in good standing under the laws of this State, duly qualified to do business.

(3) Be in good standing in each other jurisdiction in which its conduct of business requires such qualification.

(4) Possess any business and professional licenses required under Titles 24 and 30.

(e) Applications to the Fund shall be administered by the Division of Small Business within the Department of State in accordance with 1 Del. Admin. Code § 402 that governs the administration of projects under the Delaware Strategic Fund.

(f) The Council on Development Finance shall review projects and make recommendations to the Director of the Division of Small Business, as chairperson of the Delaware Economic Development Authority, pursuant to § 8707A of this title.

(g) The Director may consider recommendations of the Council made under subsection (f) of this section. The Director is authorized to determine whether the applicant and the improvements are eligible under the requirements of this section.

(h) The Director is further authorized to approve projects and make grants, loans, or other economic assistance from the Fund to qualified applicants.

(i) The administration of funding approved under this section shall be administered pursuant to the requirements of this chapter and 1 Del. Admin. Code § 402.

(j) To ensure that Fund assets are expended in the public interest, the Director may require recapture provisions in any contract agreements for grants, loans, or other economic assistance from the Fund to recover for any substantial or complete cessation of operations by the applicant, or failure to reach any employment or other project benchmarks. The Director may impose the recapture provisions for the number of years necessary to realize the purpose of the Fund.

(k) The Director may require the applicant to report financial statements, progress reports on the status of the project, including, the number of direct, quality, full-time jobs created or saved as a result of the project, any economic impact of the funding, and any other information required to assess the project. The reporting period for each project is within the discretion of the Director to determine that the purpose of the Fund is realized.
29 Del. C. § 511 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 511
§ Â
        511. Certified copies of records delivered to Delaware Public Archives for preservation.
Status: in_force

(a) The Delaware Public Archives may issue certified copies of any public records in its custody, as provided by § 10003 of this title, subject to the restrictions listed in § 10002 of this title, which certified copies shall be admissible in evidence in any court of justice or administrative hearing in the same manner and entitled to the same weight and have the same effect as certified copies made by the official from whose office such records were received.

(b) The State Archivist and Records Administrator, or in his or her absence the Deputy State Archivist, may certify copies of any public records in the custody of the Delaware Public Archives under seal of the Delaware Public Archives.
29 Del. C. § 6915 — Delaware Code / Title 29 / Chapter 69 / Subchapter II / Section 6915
§ Â
        6915. Exceptions.
Status: in_force

(a) In a contract for professional services, public works or nonprofessional services, where the contract includes items that are a part of a central purchasing contract, those items shall not be subject to the purchasing requirements of this title.

(b) If a service or a materiel is a component part of a specific project that is part of another contract, then the requirements of this subchapter shall not apply.

(c) This section is not intended to allow agencies to avoid the use of central purchasing contracts by contracting with a vendor under the auspices of procuring a good or service when the sole or partial purpose of such a contract is to procure from that vendor another good or service that is on a central purchasing contract.
29 Del. C. § 5705 — Delaware Code / Title 29 / Chapter 57 / Section 5705
§ Â
        5705. Contributions by state employees.
Status: in_force

(a) Every employee of the State whose services are covered by an agreement entered into under § 5703 of this title shall be required to pay for the period of such coverage into the Contribution Fund established by § 5707 of this title contributions with respect to wages equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of such Act. Such liability shall arise in consideration of the employee’s retention in the service of the State or the employee’s entry upon such service after June 8, 1951.

(b) The contribution imposed by this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.

(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments or refund, if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the State Agency shall prescribe.
29 Del. C. § 9004C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9004C
§ Â
        9004C. General powers, duties and functions of the Department.
Status: repealed

The Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner. In addition, the Department of Technology and Information shall have the following powers, duties and functions:

(1) The powers and duties described in § 9001C of this title;

(2) Create, implement, and enforce statewide and agency technology solutions, policies, standards and guidelines, including as recommended by the CIO;

(3) Provide operations and production support to ensure the efficient and reliable operation of the State’s computer and telecommunications network;

(4) [Repealed.]

(5) Evaluate the performance of technology systems and equipment;

(6) Provide analytical and programming support to maintain and upgrade existing technology systems, applications and programs;

(7) Provide management of technology facilities;

(8) Research all facets of technology systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including:

a. Potential technology solutions of or with private entities; and

b. Review of systems and equipment installed or to be installed or of changes or additions in or to equipment in any of the state agencies, regardless of size or of the method or source of funding;

(9) Develop and coordinate new technology initiatives and establish statewide information systems and technology priorities for purposes of budgetary funding reviews by the Director of the Office of Management and Budget;

(10) Promote cooperation between all state agencies, in order that work may be done by one agency for another agency and equipment and/or technical personnel in one agency may be made available to another agency, and promote such improvements as may be necessary in joint or cooperative technology operations. The Chief Information Officer is authorized to purchase, lease or rent technology and related equipment in the name of the Department of Technology and Information and to operate the equipment in providing services to any or all state agencies. When, in the opinion of the Chief Information Officer, better and more efficient technology services can be performed, the Department may enter into lease or purchase agreements in the acquiring or the use of any technology equipment and use such equipment in a centralized statewide approach. When the Department acts in a centralized statewide approach, the cost of the operation shall be prorated among the state agencies benefiting from those services provided thereby. The Chief Information Officer shall decide on the number of data centers, including the size of each, and shall be empowered to pick the site or sites for the centers and the controlling agency. Any consolidated or cooperative plan approved by the Chief Information Officer shall be given effect;

(11) The Department of Technology and Information shall maintain as a paramount consideration the successful internal organization and duties of all state agencies so that efficiency existing in the agencies shall not be adversely affected or impaired by the decisions that are made;

(12) Provide consulting services to all agencies including, but not limited to, information technology planning, program budget planning for information technology initiatives, expertise in systems development life cycle methods, and access to technical information on emerging technologies;

(13) [Repealed.]

(14) Perform policies and procedures as directed by the CIO;

(15) Develop an acceptable use policy for e-mail communications for every state executive branch agency;

(16) Develop, coordinate, publish and administer a comprehensive state technology plan which shall provide for the centralization and joint use of existing and future communications systems, technology, equipment and services by state agencies;

(17) Develop, coordinate, publish and administer standards, policies and procedures for identifying, justifying and documenting technology requirements of state agencies;

(18) Establish and promulgate standards, policies, guidelines and procedures concerning the development, implementation, acquisition, and use of the State’s technology assets;

(19) Design, procure, install and maintain or, if appropriate, contract for the design, installation and maintenance of technology, equipment, and services for state agencies in accordance with the determinations directed by this subchapter;

(20) Perform periodic audits of the technology and activities of state agencies to ensure compliance with the policy and intent of this subchapter, and other applicable laws and regulations;

(21) Develop, coordinate, publish and administer policies and procedures for the submission of a statewide technology budget, which shall include all requirements of state agencies, including identification of business requirements by agency;

(22) Require that all state agencies having specific technology requirements related to business needs shall cooperate with and assist in the preparation of the statewide technology budget;

(23) Establish and coordinate a mechanism for a prorated chargeback process that aligns with the State’s annual budget process with the approval of the Director of the Office of Management and Budget and Controller General. The chargeback rate will cover all centralized technology services statewide;

(24) Assign an agency “technology coordinator” to each state agency. It is the intent of this subsection that such technology coordinators will act as the primary points of contact for appropriate communications between the Department and the state agencies, the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General, the State Treasurer, the Auditor of Accounts, other elective offices, and the school districts; and

(25) Perform such other duties in connection with the technology activities of the state government as may be directed by the Governor, or the General Assembly, or as may be required by existing or future state or federal statute.
29 Del. C. § 4812 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4812
§ Â
        4812. Disposition of unclaimed prize money.
Status: in_force

Unclaimed prize money for the prize on a winning ticket shall be retained by the Director for the person entitled thereto for 1 year after the drawing or event in which the prize was won. If no claim is made for said money within such year, the prize money shall be reverted to the State Lottery Fund.
29 Del. C. § 10215 — Delaware Code / Title 29 / Chapter 102 / Section 10215
§ Â
        10215. Subsequent review; continuation of operations during review.
Status: in_force

(a) An entity that has successfully completed a full review under this chapter or that has been re-established is not subject to another full review until the sixth year following its last full review, unless the Committee determines by an affirmative vote of 6 members that a sooner full review is reasonable and necessary.

(b) An entity which has been recommended for termination or reorganization, but which nevertheless is continued by legislative action or otherwise, must be placed on the Committee’s review schedule for a full review at the end of 4 calendar years from the date of the entity’s originally-scheduled review date. An entity which is reorganized at the Committee’s recommendation must be placed on the review schedule for a full review or focused review at the end of 4 calendar years from the date of the entity’s originally-scheduled full review or focused review date.

(c) An entity shall continue conducting its regular business throughout its full review or focused review unless the Committee requests otherwise in writing.
29 Del. C. § 8801 — Delaware Code / Title 29 / Chapter 88 / Subchapter I / Section 8801
§ Â
        8801. Establishment of Department of Veterans Affairs; definitions; operations and transition report [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) A Department of Veterans Affairs is established. The Department of Veterans Affairs has the powers, duties, and functions set forth in this chapter.

(b) As used in this chapter:

(1) “Commission” means the Delaware Commission of Veterans Affairs.

(2) “Department” means the Department of Veterans Affairs.

(3) “Secretary” means the Secretary of the Department of Veterans Affairs.

(c) For administrative, budgetary, and operational purposes, the Department of Veterans Affairs is a division of the Department of State until such time as the General Assembly approves the transition report authorized by subsection (d) of this section.

(d) (1) The Secretary shall develop a transition plan to separate the Department of Veterans Affairs from the Department of State for administrative, budgetary, and operational purposes by July 1, 2030, or such time as there will be no negative impacts to the funding for veterans-related programs in Delaware. The Secretary shall prepare a transition report outlining the transition plan, including projections of the fiscal costs of the transition. The Secretary shall consult all of the following individuals or their designees when developing the plan and transition report:

a. The Governor.

b. The Lieutenant Governor.

c. The Secretary of State.

d. The Director of the Office of Management and Budget.

e. The Chief Information Officer of the Department of Technology and Information.

f. The Secretary of the Department of Human Resources.

g. The Controller General.

(2) The Secretary shall present the transition report to the General Assembly no later than 6 months in advance of the proposed transition to a separate Department.

(3) The General Assembly may approve the transition report through passage of a concurrent resolution that sets forth and approves the proposed date on which the transition will occur.
29 Del. C. § 106 — Delaware Code / Title 29 / Chapter 1 / Section 106
§ Â
        106. Lenape Indian Tribe of Delaware; recognition.
Status: in_force

(a) Legislative findings. — The General Assembly finds all of the following:

(1) The Lenape Indian Tribe of Delaware, referred to as “the Tribe” in this section, has an unbroken history of hundreds of years of settlement and continued residency in the vicinity of the Town of Cheswold in Kent County.

(2) Members of the Tribe preserved, displayed, and manifested close cultural ties with one another by conducting themselves in such a social and economic manner so as to identify themselves as being culturally and ethnically distinct.

(3) The Tribe can date their ancestral ties as far back as the early 1700s.

(4) The Tribe was formerly known as “the Moors” and, for many decades of the twentieth century, state documents such as driver’s licenses designated the Tribe’s race with an “M”.

(5) The Delaware School Code of 1921 provided that the State Board of Education could establish a school “for the children of people called Moors.” As a result, 2 schools were built, 1 in the Town of Cheswold and 1 at Fork Branch on Denney’s Road in Kent County.

(6) There has been unofficial statewide acceptance and recognition of the Tribe for at least 125 years. Through a formal process of reviewing applicable state laws, historical and anthropological references, and previous actions of the General Assembly and State agencies, the Department of State concluded by 2009 that this State has historically acknowledged the Tribe.

(7) The Smithsonian Institute issued an annual report in 1948, in which the Tribe was referred to as the “Moors of Kent County, Delaware,” and identified as a surviving Indian group of the eastern United States.

(8) The United States Census Bureau approved a defined “state designated tribal statistical area” for the Tribe for the 2010 Census.

(9) The Tribe has a constitutional tribal government, and the preamble of its constitution states that its purpose is to:

a. Preserve the legacy of its ancestors.

b. Promote the interests of its people.

c. Affirm its tribal identity.

d. Establish justice.

e. Ensure domestic tranquility.

f. Defend the general welfare.

g. Exercise its governmental jurisdiction.

h. Protect its environmental, cultural, and human resources.

i. Secure its national sovereignty for future generations of its people.

(b) Recognition. — The Lenape Indian Tribe of Delaware is designated and recognized as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governmental duties and powers. The Tribe is recognized as eligible for the special programs and services that the United States provides to Indians because of their status as Indians.
29 Del. C. § 8901 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8901
§ Â
        8901. Established.
Status: in_force

The Department of Correction is established.
29 Del. C. § 1104 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1104
§ Â
        1104. Duties of the Council.
Status: in_force

The Council shall:

(1) Summarize and digest information on matters relating to the general welfare of the State;

(2) On its own initiative or at the direction of the General Assembly or of the Senate or House, make studies on subjects of interest and concern and, based thereon, recommend such legislation as the welfare of the State may require;

(3) Recommend such codification and general revision of the Constitution and the laws of the State as may from time to time be necessary;

(4) Recommend such changes in the rules and procedures of the Senate and House as may advance the consideration of legislation by the General Assembly;

(5) Cooperate with and assist the work of interim committees or of commissions appointed at the direction of the General Assembly or of the Senate or House;

(6) Cooperate with the appropriate committees of the General Assembly or of the Senate or House to assure efficient utilization of its employees;

(7) Arrange for the obtaining of the printing needs and supplies and equipment of the General Assembly, subject to the laws of the State relating to the purchasing of state supplies;

(8) Employ such staff as it deems necessary to carry out this chapter;

(9) Prepare or cause to be prepared and drafted such bills, amendments, joint and concurrent resolutions, resolutions, memorials and revisions and substitutes thereto which are proposed to be introduced into the General Assembly as may be requested by any member of the General Assembly and otherwise render assistance, aid, information, counsel and advice in the preparation and drafting of any such proposed legislation;

(10) Collect or call to be collected all available information relating to any matter which is the subject of proposed legislation by the General Assembly, to examine acts of any other state and to investigate all available sources of information;

(11) Answer any and all inquiries for bills, resolutions, committee reports and abstracts, excerpts or copies of Laws of Delaware within the limits of available time and moneys and charging out-of-pocket expenses where such is determined appropriate for such abstracts, excerpts or copies;

(12) In general, act as a reference bureau for all matters relating or pertaining to legislative matters and subjects, whether enacted by this State or any other state or whether proposed by this or other states, at the request of any member of the General Assembly.
29 Del. C. § 6095 — Delaware Code / Title 29 / Chapter 60E / Section 6095
§ Â
        6095. Decision and disbursement.
Status: in_force

(a) The ability to make awards each year is contingent upon the availability of funds.

(b) Funds are to be distributed evenly amongst the qualified applicants per year, with the loan award committee meeting annually to oversee the allocation of funds.

(c) Notwithstanding subsection (b) of this section, if there are insufficient funds to make an award to every applicant who satisfies the requirements of this subchapter, the loan award committee shall give priority to applicants having the greatest financial need.

(d) The applicants having the greatest financial need is determined in the sole discretion of the loan award committee. The Council shall request all of the following information, but the weight to be given to the information shall be determined in the sole discretion of the loan award committee:

(1) The applicant’s income.

(2) The applicant’s spousal income.

(3) The number of the applicant’s dependents.

(4) The total amount of the applicant’s qualified educational loans.

(5) The applicant’s monthly loan payment amount.

(e) The Council shall make payment directly to the applicant’s lending agency on behalf of the applicant.

(f) An applicant may receive only 1 award per year and may receive no more than 10 awards in the applicant’s lifetime. An award may be made as a single annual payment or disbursed over periodic intervals, at the Council’s discretion.

(g) Applicants who make over $130,000 a year are ineligible for an award under this subchapter.
29 Del. C. § 8754A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8754A
§ Â
        8754A. Deauthorization of state-guaranteed bonds.
Status: repealed

(a) The Authority may issue bonds to finance the cost of any project or part thereof with respect to which the Authority has adopted a resolution.

(b) The Authority may issue bonds to refund bonds previously issued by the Authority or any other issuer, past or present, within the State (including, without limitation, the former Department of Community Affairs and Economic Development and the former Delaware Office of Economic Development), including the payment of any redemption premium thereon and any interest accrued to the date of redemption of such bonds.

(c) The Authority may issue bonds payable solely from the revenues of the project for which the bonds have been issued. Such bonds may be issued for a project whether or not such project is or will be financed by state-guaranteed bonds.

(d) The Authority may pledge the full faith and credit of the State to the payment of principal, premium, if any, and interest due on bonds (whether at stated or accelerated maturity or otherwise) subject to the following conditions:

(1) With respect to any project proposed to be financed by state-guaranteed bonds, the Authority shall find and determine, which findings and determinations shall be conclusive, in addition to making the appropriate findings and determinations required by § 8755A of this title, that:

a. The aggregate principal amount of state-guaranteed bonds, the proceeds of which are used to finance the proposed project together with the aggregate principal amount of outstanding bonds used to finance any other project or projects owned, used, leased or occupied by the same assisted person, or by a related person to the assisted person, does not exceed $3,000,000;

b. Not more than 50 percent of the cost of the proposed project shall be financed by state-guaranteed bonds, and no part of the assisted person’s contribution to the cost of a proposed project may be supplied, in whole or in part, by funds appropriated by an act of the General Assembly of the State; and

c. The fulfillment, discharge and satisfaction of the assisted person’s obligations under the terms of the lease, mortgage, loan agreement or other financing agreements between the Authority and the assisted person shall be adequately secured.

(2) The aggregate principal amount of state-guaranteed bonds that may be authorized to be outstanding shall be limited to $4,449,015. The limit shall automatically be reduced below $4,449,015, once the aggregate principal amount of outstanding state-guaranteed bonds is reduced to $4,449,015 by an amount equal to the principal amount of state-guaranteed bonds thereafter retired by the Authority.

(3) In no event shall the proceeds of state-guaranteed bonds be used to finance a project for commercial business or agricultural business.

(4) The Authority may not adopt a resolution authorizing the issuance of state-guaranteed bonds without the approval of at least 5 of the 7 members (the “members”) of the Council on Development Finance (the “Council”) or 3/4 of the members if vacancies on the Council exist.

(5) The assisted person shall be legally obligated to deposit (prior to the delivery of the bonds and from a source other than the proceeds of the bonds), and thereafter maintain, with a person in trust, a cash reserve fund in an amount equal to the maximum principal and interest payable on such bonds during any consecutive 12-month period by such assisted person to the Authority under the terms of the lease, mortgage, loan agreement or other financing agreement between the Authority and such assisted person. Such cash reserve fund shall be pledged solely for the purposes provided in § 8761A of this title and shall not be construed as a security deposit under the State’s Landlord Tenant Code (Part III of Title 25).

(6) In the case of accelerated maturity, the pledge of the full faith and credit of the State to the payment of principal, premium, if any, and interest due on state-guaranteed bonds prior to their stated maturity shall not apply without the express written approval of the Secretary of Finance. Such approval may be given at any time after the occurrence of a default which would permit the acceleration of payment of principal, premium, if any, or interest on such state-guaranteed bonds under the terms of the lease, mortgage, loan agreement or other financing agreements between the Authority and the assisted person.

(e) The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter including without limitation the power:

(1) To adopt bylaws for the regulation of its affairs and the conduct of its business and to adopt rules, regulations and policies in connection with the performance of its functions and duties;

(2) To adopt, use and alter at will an official seal;

(3) To sue in its own name;

(4) To acquire in its own name by purchase, lease or otherwise, on such terms and conditions and in such manner as it may deem proper, any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, whether or not in connection with a project, and to sell, lease as lessor, mortgage or otherwise encumber, transfer or dispose of any such property or interest therein;

(5) To enter into contracts with a person upon such terms and conditions as the Authority shall determine to be reasonable, providing, without limitation, for reimbursement for the planning, designing, financing, construction, reconstruction, improvement, equipping, furnishing, operation and maintenance of a project and to pay or compromise any claims arising from any such contracts;

(6) To enter into loan agreements with, to provide any other forms of financing support and to make loans to, an assisted person, for the cost of a project (title to which project may remain or vest in such assisted person), which loans or other financing support may be secured or evidenced by notes, debentures, bonds, mortgages, leases or other instruments, delivered to the Authority or to a trustee or other person as assignee of the Authority, all upon such terms and conditions as the Authority may deem advisable;

(7) To establish and maintain funds of any kind, including without limitation reserve and insurance funds with respect to any financing of a project;

(8) To mortgage, pledge, assign or otherwise encumber all or any portion of a project or revenues;

(9) To grant options to purchase or renew a lease for any project;

(10) To contract for and to accept any gifts, grants or loans of funds or property or financial or other aid from any source, and to comply, subject to this subchapter, with the terms and conditions thereof;

(11) To charge and collect such fees and charges as it shall determine to be reasonable for the use of its services;

(12) To acquire, purchase, manage, operate, hold and dispose of real and personal property or interests therein, take assignments of rentals and leases and make and enter into all contracts, leases, agreements and arrangements necessary or incidental to the performance of its duties;

(13) To purchase, acquire and take assignments of notes, mortgages and other forms of security and evidences of indebtedness;

(14) To purchase, acquire, attach, seize, accept or take title to any project by conveyance or by foreclosure, and sell, lease, manage or operate any project for a use specified in this subchapter;

(15) To borrow money and issue bonds (the interest on which may be taxable or exempt from tax under the Internal Revenue Code of 1986, as amended) as provided in this subchapter, and provide for the rights of the holders thereof;

(16) To pledge the full faith and credit of the State to the payment of the principal, premium, if any, and interest on bonds, but only to the extent permitted under this subchapter;

(17) To invest any funds or moneys of the Authority pending the application of such funds or moneys to the purposes specified in this subchapter;

(18) To employ consulting engineers, architects, attorneys (in accordance with § 2507 of this title), real estate counselors, appraisers and such other consultants and employees, who shall not be members of the classified service, as may be required in the judgment of the Authority to carry out the purposes of this subchapter, and to fix and pay their compensation from funds available to the Authority therefor;

(19) To do and perform any acts and things authorized by this subchapter under, through or by means of its own officers, agents and employees, or by contracts with any person; and

(20) To procure insurance against any losses in connection with its property, operations or assets in such amounts and from such insurers as it deems desirable.

(21) [Repealed.]

(f) Notwithstanding any other provision in this subchapter, the Authority shall have the power to issue bonds for the benefit of any exempt person, subject only to the following conditions:

(1) The Authority may not pledge the full faith and credit of the State to the payment of principal, premium, if any, or interest due on such bonds; and

(2) Prior to approving an application for the issuance of such bonds, the Authority shall find and determine, which finding and determination shall be conclusive, on the basis of all information reasonably available to it, that any proposed financing for an exempt person will effectuate the purpose set forth in § 8751A(a)(10) of this title. With respect to such applications, the Authority need not make the findings and determinations otherwise required under this subchapter.
29 Del. C. § 4106 — Delaware Code / Title 29 / Chapter 41 / Section 4106
§ Â
        4106. Consortium staffing and funding [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, Â 2].
Status: in_force

(a) Delaware State University shall provide staff support for the Consortium. The staff is to be managed by the Director of the Racial Equity Consortium from Delaware State University’s Global Institute for Equity, Inclusion, and Civil Rights, who must be approved by the chair and vice chair of the Consortium.

(b) The General Assembly shall include in the annual appropriations act a line item allocation of funding to the Consortium to support the operational services, research, and analysis carried out by Delaware State University.
29 Del. C. § 7920A — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7920A
§ Â
        7920A. Division of Services for Aging and Adults with Physical Disabilities; Money Management Program.
Status: in_force

(a) Definitions. — As used in this section, unless the context clearly indicates a different meaning:

(1) “Bill payer” shall mean a person appointed by the Division to provide 1 or more of those services set forth below for a low-income individual who is able to make responsible decisions about financial matters, but who needs assistance for any of the following:

a. Paying bills each month and keeping records;

b. Establishing a budget;

c. Opening, organizing and sending mail;

d. Check writing and balancing checkbook amounts;

e. Obtaining needed assistance from appropriate governmental agencies.

(2) “Representative payee” shall mean a person appointed by the United States Social Security Administration, the United States Office of Personnel Management, the United States Department of Veterans Affairs or the United States Railroad Retirement Board to provide 1 or more of the following financial management services, without compensation, in order to assist an individual who is receiving government benefits but who is determined by the benefit-granting agency to be incapable of making certain financial decisions. The representative payee has responsibility for:

a. Allocating government benefits received by the individual in such individual’s best interests, and providing for such individual’s necessities, including but not limited to food, shelter and medical care;

b. Keeping an accurate record of the individual’s financial transactions;

c. Maintaining responsibility and control over the individual’s benefits, and signing all checks for expenditures from such government benefits; and

d. Referring the individual to other agencies if the individual needs additional assistance.

(b) Money Management Program. — (1) The Division may establish a Money Management Program to assist any low-income individual who is not able to manage such person’s financial matters where there are no friends or relatives to assist such person in the management of financial affairs.

(2) The Division may administer the statewide Money Management Program; may provide such staff and other support for the program as its budget shall permit; and may, in accordance with the Division’s rules and regulations, establish and direct an advisory council. The Division may negotiate bank services for the program.

(3) The Division shall have authority to monitor each bill payer and representative payee; may audit any transaction of any bill payer and any representative payee; and may review any or all bank statements or cancelled checks for any account managed by a representative payee or bill payor.

(c) Volunteers; bill payers, representative payers. — (1) The Division may designate unpaid volunteers, including but not limited to bill payers and representative payees, as information sources for the program, to inform interested persons and agencies about the program. The Division may provide for the training of bill payers and representative payees, and may otherwise assist such bill payers and representative payees.

(2) Any person acting as a bill payer or representative payee is also acting as a fiduciary, and is liable for any act or omission which constitutes the breach of any fiduciary duty or responsibility imposed by law.

(3) The Division shall safeguard participants through establishment of a screening system which includes, but is not limited to, the following features:

a. A standardized application comprehensively addressing each prospective bill payer and representative payee’s background;

b. A criminal background check at state expense; and

c. A check of abuse, neglect, mistreatment and financial exploitation registries, including those authorized by Chapters 9 and 11 of Title 16.

(4) To effectively implement this screening system, the Division is vested with the following powers, duties and authority:

a. The Division shall require any person seeking to serve as a bill payer or representative payee under this chapter to share any and all information, including fingerprints, necessary to obtain a report of the person’s entire criminal history record from the State Bureau of Identification and a report of the person’s entire federal criminal history record;

b. Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish information pertaining to the entire Delaware criminal history record of any person seeking to serve as a bill payer or representative payee under this chapter. Such information shall be provided to the Department of Health and Social Services pursuant to the procedures established by the Superintendent of the State Police;

c. Notwithstanding any contrary provision of Chapter 9 of Title 16, the Division is authorized to obtain child abuse and neglect registry information from the Department of Services for Children, Youth and Their Families pertaining to any person seeking to serve as a bill payer or representative payee under this chapter;

d. The Division shall adopt criteria through its regulations which shall disqualify a person from serving as a bill payer or representative payee under this chapter; and

e. The Division may adopt criteria through regulations authorizing exemption from this section for persons for whom a qualifying screening was conducted within the previous 5 years.

(5) Any person who either fails to make a full and complete disclosure on an application or a full and complete disclosure of any information required to obtain a registry or criminal background check as required in this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(d) Memoranda of understanding. — In order to obtain certain specialized assistance for the Program, the Division may enter into a memorandum of understanding with the legal counsel of any association which represents the interests of retired persons.
29 Del. C. § 5907 — Delaware Code / Title 29 / Chapter 59 / Subchapter II / Section 5907
§ Â
        5907. Powers, duties and functions of the Board.
Status: in_force

In addition to the duties set forth elsewhere in this chapter, and consistent with the right of public employees to organize under Chapter 13 of Title 19, the Board shall:

(1) Request that the Secretary of the Department of Human Resources investigate problems or complaints arising from the implementation of the Merit System and the effect of merit policies and procedures on employees in the classified service;

(2) Appoint 1 or more members from its own membership to act as representatives of the Board at any meeting where such representation is deemed desirable;

(3) Require the Secretary to submit all proposed Merit Rule revisions to the statewide Labor-Management Committee for review and comment prior to submission to the Board for public hearing and adoption; and

(4) Make an annual report to the Governor, and special reports and recommendations upon the Governor’s request.
29 Del. C. § 8206 — Delaware Code / Title 29 / Chapter 82 / Section 8206
§ Â
        8206. Division of State Police.
Status: in_force

(a) The Division of State Police is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The State Highway Department, the State Highway Commission, the State Police and the Superintendent of the State Police, pursuant to subchapter I of Chapter 83 of Title 11;

(2) The State Highway Department, the State Highway Commission, the State Police, the Superintendent of the State Police and the State Bureau of Identification, pursuant to Chapter 85 of Title 11.

(b) Notwithstanding any law to the contrary, the Office of Narcotics and Dangerous Drugs shall be transferred to the Delaware State Police as part of the division’s criminal investigations unit and shall be renamed the “Delaware State Police Drug Diversion Unit.”
29 Del. C. § 8788 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8788
§ Â
        8788. Appropriated funds.
Status: in_force

(a) If the Corporation’s final budget for any fiscal year includes a proposal for an appropriation from the General Assembly for operating or capital funds, the budget shall be approved by the Chair of the Corporation before its submission to the General Assembly as part of the Governor’s proposed capital or operating budget. Any such appropriation shall be designated for and allocated to the Port Account.

(b) Any capital expenditures of any such further appropriated moneys or of moneys derived from any other source, but not including Twenty-First Century Fund moneys, which expenditures within any 1 fiscal year in the aggregate exceed $2 million, shall be made pursuant to a request by a resolution passed by 7 of 9 directors of the Corporation and delivered to the State Budge Director which resolution certifies that the request is in compliance with the Corporation’s legislative purpose and function.
29 Del. C. § 9014 — Delaware Code / Title 29 / Chapter 90 / Section 9014
§ Â
        9014. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 4336 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4336
§ Â
        4336. Prohibited acts of a notary public.
Status: in_force

(a) A commission as a notary public does not authorize an individual to do any of the following:

(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law.

(2) Act as an immigration consultant or an expert on immigration matters.

(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters.

(4) Receive compensation for performing any of the activities listed in this subsection.

(b) A notary public may not engage in false or deceptive advertising.

(c) A notary public, other than an attorney licensed to practice law in this State, may not use the term “notario” or “notario publico” .

(d) (1) A notary public, other than an attorney licensed to practice law in this State, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.

(2) If a notary public who is not an attorney licensed to practice law in this State in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation:

“I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”

(3) If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by paragraph (d)(2) of this section because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

(e) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
29 Del. C. § 2515 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2515
§ Â
        2515. Exceptions.
Status: in_force

(a) The provisions of this chapter relating to the supplying of legal advice, counsel, services and representation in proceedings and actions shall not apply to the University of Delaware, Delaware State University, Delaware Technical and Community College or to any school district or special school district of this State, and these organizations may each employ their own attorney or attorneys, notwithstanding § 2507 of this title, except that legal services in connection with all bond issues in which the faith and credit of this State is pledged and all legal services for any school district or special school district bond issue which is for the purpose of providing funds for any project to which moneys or bond issue funds of this State are to be contributed on a matching or percentage basis shall be provided solely by the State Department of Justice and the Attorney General.

(b) Notwithstanding § 2507 of this title, the provisions of this chapter relating to the supplying of legal advice, counsel, services, and representation in proceedings do not apply to any of the following:

(1) The State Public Integrity Commission, Chapter 58 of this title.

(2) The Office of Inspector General, Chapter 90E of this title.

(c) Notwithstanding any other provision of this title, a public school district or charter school that is a defendant in a legal action because of its adoption or use of the cyberbullying policy required under § 4164(d)(1) of Title 14 shall have the option of being represented by the Department of Justice if:

(1) The State of Delaware or 1 of its agencies is a party to the same action based upon the State’s requirement that the district or school adopt the cyberbullying policy at issue;

(2) The Department’s representation of both entities is permissible under the Rules of Professional Conduct; and

(3) The Department determines that enforcement of the cyberbullying policy by the school or district was done in good faith and in the public interest.

Communications and documents regarding the Department’s obligation to represent a school or district under this subsection and/or a school or district’s decision whether to accept representation by the Department are privileged and not subject to disclosure.

(d) Notwithstanding § 2507 of this title, the Division of Labor Relations and Employment Practices established pursuant to Chapter 90D of this title shall each be permitted to employ 1 counsel experienced in the field of labor and employment law to advise on matters of labor and employment law and assist in developing standards, policies, programs and training materials that satisfy Delaware and federal law.
29 Del. C. § 6904 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6904
§ Â
        6904. Exceptions.
Status: repealed

(a) If any provision of this chapter conflicts or is inconsistent with any statute, rule or regulation of the federal government applicable to a project or activity, the cost of which is to be paid or reimbursed in whole or in part by the federal government, and due to such conflict or inconsistency the availability of federal funds may be jeopardized, such provision shall not apply to such project or activity. If any provisions of this chapter conflict or are inconsistent with Chapter 40 of Title 31, the provisions of Chapter 40 of Title 31 shall prevail and govern.

(b) This chapter shall not apply to any purchase of materials or services from the federal government or from the government of the State including any agency of the State, as defined in § 6902 of this title.

(c) This chapter shall not apply to contracts for the transportation of school children. Such contracts shall be submitted to the Secretary of Education through the Department of Education Transportation Office for approval.

(d) This chapter shall not apply to any purchase of library materials such as books, periodicals, subscriptions and software by libraries of any agency, nor shall this chapter apply to the purchase of services by libraries of any agency pursuant to Chapter 66 of this title.

(e) If no state contract exists for a certain good or service, covered agencies may procure that certain good or service under another agency’s contract so long as the arrangement is agreeable to all parties. Agencies, other than covered agencies, may also procure such goods or services under another agency’s contract when the arrangement is agreeable to all parties.

(f) Where, because of changed situations, unforeseen conditions, strikes or acts of God, a change order is determined to be necessary and is requested by the agency and not specified in the agency’s solicitation or advertisement for bids and in the contract, as awarded, the awarding agency may issue a change order setting forth the change, addition or extra work required to be undertaken by the contractor on a contract, which shall not:

(1) Be subject to the competitive bidding requirements of this chapter; or

(2) Invalidate the contract; provided, that such change is within the scope of the contract as set forth in the standard specifications, special provisions or similar publication of the agency.

(g) All material required by any agency shall be purchased, except where hereinafter provided, and all work of a nonprofessional nature, except as hereinafter provided, which is not to be performed by employees of the agency shall be performed under a contract entered into pursuant to this subchapter and after competitive bidding as provided for in this section except that an agency may purchase material or contract for work to be performed without competitive bidding in the following instances:

(1) When the purchased material will be used by the Delaware Industries for the Blind within the Department of Health and Social Services as raw material for goods and services which the program manufactures and provides for resale or the purchased material will be used by the Business Enterprise Program of the Division for the Visually Impaired as supplies to operate the vending stands in the program;

(2) When material or services are on the procurement list published by the commission for the purchase of products and services of the blind and other severely disabled individuals those materiel or services shall be purchased in accordance with the procedure described in § 9605 of Title 16; or

(3) Where the purchased material or work which is the subject of the contract is necessary to enable the Department of Natural Resources and Environmental Control to engage in the preservation of the beaches of the Atlantic Ocean and Delaware Bay shoreline of Delaware in accordance with the Beach Preservation Act, Chapter 68 of Title 7. Notwithstanding the foregoing, any such purchase must be approved by the Budget Commission prior to the commencement of any purchase of material or work.

(h) This chapter shall not apply to purchases of historical artifacts or art for the purpose of public display.

(i) A contract may be awarded without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required contract. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required contract and no other type of goods or service will satisfy the requirements of the agency. The agency shall examine cost or pricing data prior to an award under this subsection. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination by the agency for the sole source procurement shall be included in the agency’s contract file.

(j) This chapter shall not apply to any purchase of educational materials and supplies by post-secondary educational institutions participating in and benefiting from special educational discount and cooperative programs.

(k) This chapter shall not apply to the Wilmington Housing Authority in the procurement of goods and/or services when such goods and/or services are provided by primarily Wilmington Housing Authority resident-owned businesses.

(l) This chapter shall not apply to the office of the Commissioner of Elections or the several departments of elections in the purchase of material or work which is the subject of the contract and which is necessary to enable the Department of Elections to conduct a primary, general, special election or voter registration pursuant to Title 15.

(m) This chapter shall not apply to the Department of Education in the procurement of goods and/or services from the Data Service Center, University of Delaware, Delaware State University and Delaware Technical and Community College.

(n) This chapter shall not apply to contracts entered into by the Board of Pension Trustees, authorized pursuant to § 8308(c)(5) of this title, with respect to the procurement of financial services, including advisory, management and investment services relating to any fund administered by the Delaware Public Employees’ Retirement System.

(o) [Repealed.]
29 Del. C. § 6085 — Delaware Code / Title 29 / Chapter 60D / Section 6085
§ Â
        6085. Certifications; directory; tax stamps.
Status: in_force

(a) Certification. — Every tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the Attorney General a certification to the Department and Attorney General, no later than April 30 of each year, certifying under penalty of perjury that, as of the date of such certification, such tobacco product manufacturer is either a participating manufacturer or is in full compliance with Chapter 60C of this title, including all quarterly installment payments required by § 6087(e) of this title.

(1) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General and Department.

(2) A nonparticipating manufacturer shall include in its certification:

a. A list of all of its brand families and the number of units sold for each brand family that were sold in the State during the preceding calendar year;

b. A list of all its brand families that have been sold in the State at any time during the current calendar year;

c. Indicating, by an asterisk, and brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of such certification; and

d. Identifying by name and address any other manufacturer of such brand families in the preceding or current calendar year.

The nonparticipating manufacturer shall update such list 30 calendar days prior to any addition to or modification of its brand families by execution and delivering a supplemental certification to the Attorney General and Department.

(3) In the case of a nonparticipating manufacturer, such certification shall include representations that:

a. Such nonparticipating manufacturer is registered to do business in the State or has appointed a resident agent for service of process and provided notice thereof as required by § 6086 of this title; and

b. Such nonparticipating manufacturer:

1. Has established and continues to maintain a qualified escrow fund; and

2. Has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund; and

c. Such nonparticipating manufacturer is in full compliance with Chapter 60C of this title and this chapter, and any regulations promulgated pursuant thereto; and

d. 1. The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund required pursuant to Chapter 60C of this title and all regulations promulgated thereto;

2. The account number of such qualified escrow fund and any sub-account number for Delaware;

3. The amount such nonparticipating manufacturer placed in such fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Attorney General to confirm the foregoing; and

4. The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from such fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to Chapter 60C of this title and all regulations promulgated thereto.

(4) A tobacco product manufacturer may not include a brand family in its certification unless:

a. In the case of a participating manufacturer, said participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant year, in the volume and shares determined pursuant to the master settlement agreement; and

b. In the case of a nonparticipating manufacturer, said nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of Chapter 60C this title.

Nothing in this section shall be construed as limiting or otherwise affecting the State’s right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the master settlement agreement or for purposes of Chapter 60C of this title.

(5) Tobacco product manufacturers shall maintain all invoices and documentation of sales and other such information relied upon for such certification for a period of 5 years, unless otherwise required by law to maintain them for a greater period of time.

(b) Directory of cigarettes approved for stamping and sale. — Not later than August 7, 2003, the Attorney General shall develop and publish on its website a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) of this section and all brand families that are listed in such certifications (the “Directory”), except as noted below.

(1) The Attorney General shall not include or retain in such Directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Attorney General determines is not in compliance with paragraphs (a)(2) and (3) of this section, unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General.

(2) Neither a tobacco product manufacturer nor brand family shall be included or retained in the Directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that

a. Any escrow payment required pursuant to Chapter 60C of this title for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or

b. Any outstanding final judgment, including interest thereon, for a violation of Chapter 60C of this title has not been fully satisfied for such brand family or such manufacturer.

(3) The Attorney General shall update the Directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the Directory in conformity with the requirements of this chapter. The Attorney General shall post in the Directory and transmit by e-mail or other practicable means to each affixing agent and tobacco product manufacturer notice of any removal from the Directory of that tobacco product manufacturer or brand family at least 30 days prior to removal from the Directory of such tobacco product manufacturer or brand family. Unless otherwise provided by agreement between an affixing agent and a tobacco product manufacturer, the affixing agent shall be entitled to a refund from a tobacco product manufacturer for any money paid by the affixing agent to the tobacco product manufacturer for any cigarettes of the tobacco product manufacturer in the possession of the affixing agent on the effective date of removal from the Directory, or as subsequently received from a retail dealer as provided herein, of that tobacco product manufacturer or brand family of cigarettes. Unless otherwise provided by agreement between a retail dealer and an affixing agent or a tobacco product manufacturer, a retail dealer shall be entitled to a refund from an affixing agent or a tobacco product manufacturer for any money paid by the retail dealer to such affixing agent or tobacco product manufacturer for any cigarettes of the tobacco product manufacturer still in the possession of the retail dealer on the effective date of removal from the Directory of that tobacco product manufacturer or brand family of cigarettes. The Attorney General shall not restore to the Directory the tobacco product manufacturer or the brand family until the tobacco product manufacturer has paid the affixing agent or retail dealer any refund due.

(4) Every affixing agent shall provide and update as necessary an electronic mail address to the Attorney General for the purpose of receiving any notifications as may be required by this chapter.

(c) Prohibition against stamping or sale of cigarettes not in the directory. — It shall be unlawful for any person:

(1) To affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the Directory;

(2) To sell, offer or possess for sale in this State, cigarettes of a tobacco product manufacturer or brand family not included in the Directory.
29 Del. C. § 6905 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6905
§ Â
        6905. Failure to comply with contract; new award; supervision.
Status: in_force

If any firm entering into a contract under the authority of this chapter neglects or refuses to perform or fails to comply with the terms thereof, the agency which signed the contract may terminate the contract and proceed to award a new contract in accordance with this chapter or may require the surety on the performance bond to complete the contract in accordance with the terms of the performance bond.
29 Del. C. § 8202 — Delaware Code / Title 29 / Chapter 82 / Section 8202
§ Â
        8202. Secretary; division directors; Acting Secretary; appointment.
Status: in_force

(a) The administrator and head of the Department is the Secretary of the Department of Safety and Homeland Security (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office.

(1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2) The Secretary is to receive an annual salary as determined by the General Assembly in the annual appropriations act.

(3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(4) The Secretary may appoint directors of divisions within the Department on the written approval of the Governor. The division directors have the powers, duties, and functions in the administration of their respective divisions as authorized by the Secretary.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or permanent removal of the Secretary and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting Secretary, including but not limited to, the Deputy Secretary of the Department or a director of any division within the Department. The Secretary may, during any temporary absence from the State, appoint the Deputy Secretary or the director of any division within the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity, or until a successor duly qualified is appointed.
29 Del. C. § 6084 — Delaware Code / Title 29 / Chapter 60D / Section 6084
§ Â
        6084. Definitions.
Status: in_force

(a) “Affixing agent” means a person who is authorized to affix tax stamps to packages or other containers of cigarettes under Chapter 53 of Title 30 or any person that is required to pay the excise tax imposed pursuant to Chapter 53 of Title 30 on Cigarettes.

(b) “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol”, “lights”, “kings”, and “100s”, and includes any brand name (alone or in conjunctions with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of Cigarettes.

(c) “Cigarette” has the same meaning as in § 6081(d) of this title.

(d) “Department” means the Department of Finance for the State.

(e) “Master settlement agreement” has the same meaning given to that term in § 6081(e) of this title.

(f) “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer.

(g) “Participating manufacturer” has the same meaning given to that term in Section II(jj) of the master settlement agreement and all amendments thereto.

(h) “Qualified escrow fund” has the same meaning given to that term in § 6081(f) of this title.

(i) “Tobacco product manufacturer” has the same meaning given to that term in § 6081(i) of this title.

(j) “Units sold” has the same meaning given to that term in § 6081(j) of this title.
29 Del. C. § 6313A — Delaware Code / Title 29 / Chapter 63A / Section 6313A
§ Â
        6313A. Appeals.
Status: in_force

Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Office of Management and Budget or to any division or subdivision thereof, shall continue to exist with respect to such act or acts as hereafter performed by the Office of Management and Budget or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 8814 — Delaware Code / Title 29 / Chapter 88 / Subchapter II / Section 8814
§ Â
        8814. Organization and operation [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) A veterans organization listed in § 8811(b) of this title may petition the Governor to remove from the Commission a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition.

(b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be sufficient grounds for the representative of the particular veterans organization to be removed by the Governor.

(c) As vacancies occur, they shall be filled in accordance with § 8811(b) of this title.

(d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official of each respective statewide veterans organization.

(e) The members of the Commission shall elect 1 of their members to serve as Chair and 1 as Vice-Chair who shall not serve more than 2 consecutive terms. Such elections shall be held annually in September.

(f) The Chair and Vice-Chair shall serve as voting members of the Commission.

(g) or the Executive Director’s designee The Department shall provide clerical and staff support to the Commission.

(h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chair. Special meetings may be called by the Chair or a majority of the Commission membership.

(i) A quorum shall consist of a simple majority of the Commission members.

(j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance with state law.
29 Del. C. § 321 — Delaware Code / Title 29 / Chapter 3 / Section 321
§ Â
        321. State dessert.
Status: in_force

Peach pie shall be the official dessert of the State.
29 Del. C. § 4814 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4814
§ Â
        4814. Transfer of funds and transaction records between agents and the State.
Status: in_force

The Director may, at the Director’s discretion, require any or all lottery ticket sales agents to deposit to the credit of the State Lottery Fund in banks designated by the Director all or part of the moneys received by such agents from the sale of lottery tickets and to file with the Director or the Director’s designated agents reports of their receipts and transactions in the sale of lottery tickets in such form and containing such information as the Director may require. The Director or a representative shall make such arrangements with any licensed sales agent.
29 Del. C. § 6989D — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6989D
§ Â
        6989D. Reverse auction for the procurement of professional services for, or related to, pharmaceuticals or pharmacy benefits management services.
Status: in_force

(a) This section applies only to the procurement of professional services for or related to pharmaceuticals or “pharmacy benefits management services,” as defined under § 3351A of Title 18, by the State Employee Benefits Committee established under Chapter 96 of this title.

(b) When the Section determines that a reverse auction is advantageous, the Section may, with written approval by the Section Director or the Section Director’s designee, use or allow an agency to use a reverse auction to receive competitive pricing proposals from proposing firms under this subchapter.

(c) The Section shall establish written procedures for obtaining and evaluating proposals for professional services in advance of the reverse auction price competition. The procedures must require vendors to preregister before the opening date and time for purposes of vetting vendor responsibility and, as part of that registration, to agree to any contractual terms, conditions, or other requirements of the solicitation.

(d) The solicitation must provide notification of the Section’s or procuring agency’s intent to use a reverse auction, a schedule of proposing activities, and the procedures established under subsection (c) of this section.

(e) The Section or procuring agency may, with the written approval of the Section Director or the Section Director’s designee, contract with a third-party vendor to conduct a reverse auction on its behalf under this section.

(f) Each proposal received through the reverse auction process must record the name and address of the submitting vendor.

(g) The proposals, proposal summaries, tabulations, or any other aspect of the proposal evaluations are not open for public inspection until after receipt of a signed contract under § 6981(d)(3) of this title. After receipt of a signed contract, the proposals must be made available for public inspection under § 6981(k)(4) of this title.
29 Del. C. § 4830 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4830
§ Â
        4830. Standards of licensing.
Status: in_force

(a) All applicants, licensees, registrants, or any other person who must be qualified pursuant to this chapter shall have the continuing duty to provide any assistance or information required by the Director or the Division of Gaming Enforcement, and to cooperate in any background check or investigation conducted by the Division of Gaming Enforcement or in any hearing conducted by the Director. If an applicant, licensee, registrant or any other person who must be qualified pursuant to this act refuses to provide information, evidence or testimony upon formal request by the Director or the Division of Gaming Enforcement, the Director may deny or revoke the application, license, registration or qualification of such person.

(b) An applicant for a key license or gaming employee license shall be required to establish that applicant’s qualifications for obtaining a license by clear and convincing evidence. The Director of the Delaware lottery shall deny a license to any applicant who fails to prove by clear and convincing evidence that the applicant is qualified under the provisions of this chapter.

(1) An applicant for a key license or gaming employee license shall provide such information, documentation and assurances as may be required to establish by clear and convincing evidence that the applicant has good character, honesty and integrity.

(2) An applicant for a key license or gaming employee license has the affirmative obligation to provide such information, documentation and assurances as may be required to establish by clear and convincing evidence that the applicant has financial stability, responsibility and integrity.

(c) The Director shall deny a license to any applicant or revoke the license of any licensee based on the following criteria:

(1) The conviction of a felony in any jurisdiction;

(2) The conviction of a gambling offense or a crime of moral turpitude in any jurisdiction within 10 years prior to applying for a license or at any time subsequent to the granting of a license;

(3) The commission of any act within 10 years prior to applying for a license or at any time subsequent to the granting of a license in any jurisdiction, which would constitute any offense enumerated in paragraphs (c)(1) and (2) of this section, even if such conduct has not been prosecuted, or if prosecuted, has not resulted in a conviction;

(4) A conviction which has been the subject of a pardon or order of expungement shall not be grounds for automatic disqualification under paragraphs (c)(1) and (2) of this section, but may be grounds for disqualification under paragraph (c)(3) of this section. Such conviction also may be considered in evaluating an applicant’s ability to demonstrate the applicant’s qualifications pertaining to good character, honesty and integrity;

(5) Current prosecution for any offense listed in paragraphs (c)(1) and (2) of this section, provided that, at the request of the applicant, the Director shall defer its decision on the application during the pendency of the charge;

(6) The failure to provide information, documentation and assurances required by the act or requested by the Director, or the supplying of information which is untrue or misleading as to a material fact pertaining to the criteria for obtaining a license;

(7) Notorious or unsavory reputation that would adversely affect public confidence and trust that the Delaware Lottery is free from criminal or corruptive elements; or

(8) Anything that, in the opinion of the Director, would denigrate or undermine the integrity or overall soundness of the lottery, including but not limited a person’s reputation, habits and associations that may pose a threat to the public interest of the State or to the reputation or effective control of the lottery.

(d) Notwithstanding the provisions in paragraphs (c)(1), (2), and (3) of this section above for the denial or revocation of a license, no application should be denied and no license should be revoked if the applicant or licensee is able to demonstrate that applicant’s or licensee’s rehabilitation by clear and convincing evidence. In determining whether an applicant or licensee has affirmatively established that applicant’s or licensee’s rehabilitation, the Director shall consider the following factors:

(1) The conviction occurred more than 5 years from the date of application;

(2) The nature and duties of the position applied for;

(3) The nature and seriousness of the offense or conduct;

(4) The circumstance under which the offense or conduct occurred;

(5) The age of the applicant or licensee when the offense or conduct was committed;

(6) Whether the offense or conduct was an isolated or repeated incident; and

(7) Any evidence of rehabilitation including, without limitation, good conduct in prison or in the community; successful completion of court-ordered probation; counseling or medical treatment received; and the recommendations of persons who have had the person under their supervision.

(e) Participation in gaming operations as a licensed employee or service company under this chapter shall be deemed a revocable privilege conditioned upon the proper and continued qualification of the individual licensee and upon the discharge of the affirmative responsibility of each such licensee to provide to the regulatory and investigatory authorities established by this subchapter, any assistance and information necessary to assure that the policies declared by this subchapter are achieved. Consistent with this policy, it is the intent of this chapter to preclude the creation of any property right in any license permitted by this chapter, or the accrual of any value to the privilege of participation in gaming operations, and to require that participation in gaming be solely conditioned upon the individual qualifications of the person seeking such privilege.

(f) (1) All information and data required by the Office to be furnished in the application or investigative process, or which otherwise may be obtained by the Office or Division of Gaming Enforcement, pertaining to an applicant’s criminal record, financial record, family and background, including, but not limited to, an application form, license investigation report, or request for placement on the self-exclusion list, shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the Attorney General, to a duly authorized law-enforcement agency. The Division of Gaming Enforcement may enter into agreements with other law-enforcement agencies or other gaming regulatory agencies that have law-enforcement status for the sharing of confidential information. Any person who violates this paragraph (f)(1) shall be guilty of a Class A misdemeanor.

(2) All information and data required by the Office or the Division of Gaming Enforcement to be furnished, or which otherwise may be obtained by the Office or the Division of Gaming Enforcement, relative to internal controls of a video lottery agent shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the Attorney General, to a duly authorized law-enforcement agency. Any person who violates this paragraph (f)(2) shall be guilty of a Class A misdemeanor.

(g) The licensure procedure shall take no more than 90 days to complete, unless extenuating circumstances require a longer period, in which case the Director and the State shall act with all deliberate speed to complete the process. The Division of Gaming Enforcement or persons acting at the direction of the Division of Gaming Enforcement shall conduct the security, fitness and background checks required by this chapter.

(h) The Director may issue temporary licenses for good cause and upon a finding that the issuance of a temporary license is necessary to allow for the efficient operation of the video lottery facility. Temporary licenses shall remain in effect for no more than 6 months from the date of issuance.

(i) The Director of the Delaware Lottery may issue an emergency order for the suspension of any license, other than a video lottery agent license, if the Director finds that:

(1) A licensee has been charged with a violation of the criminal laws of Delaware or any jurisdiction; and

(2) Such action is necessary to preserve the public policy of this subchapter.

An emergency order shall set forth the grounds upon which it is issued and shall be effective immediately upon issuance, and remain in effect until further order of the Director. An emergency order for suspension shall be served upon the licensee within 5 days of issuance. The person or entity against whom the emergency order has been issued shall be entitled to a hearing on an appeal to the Lottery Commission for reconsideration in accordance with the provisions of this chapter and the regulations promulgated hereunder.

(j) (1) Within 30 days after an adverse determination by the Director, the applicant or licensee seeking to appeal the denial of a permit application or revocation or suspension of a previously issued permit may demand a hearing before the Lottery Commission and show cause why the Director’s determination was in error. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects the person’s right to petition for judicial review.

(2) Upon receipt of a demand for hearing, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the Director and the person demanding the hearing. At the hearing, the person seeking the hearing shall have the affirmative obligation to demonstrate by clear and convincing evidence that the Director’s determination was in error under the criteria for licensing established by this chapter and any regulations hereunder.

(3) If, upon completion of the hearing, the Lottery Commission determines that the person seeking the hearing has met that person’s own burden of proof, an order to that effect should be entered and the license issued. If, upon completion of the hearing, the Lottery Commission finds that the person seeking the hearing has not met that person’s own burden of proof, an order shall be entered to that effect. This order is subject to review in the Superior Court pursuant to the Administrative Procedures Act [Chapter 101 of this title].

(k) Any person whose license has been revoked or whose application for a license has been denied shall be prohibited from reapplying for any license for a period of 5 years from the date of the order denying or revoking the license.
29 Del. C. § 7925 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7925
§ Â
        7925. Definitions and references in other laws.
Status: in_force

(a) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Health and Social Services as created and established by this chapter.

(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. § 2722 — Delaware Code / Title 29 / Chapter 27 / Section 2722
§ Â
        2722. Plans Management Board.
Status: in_force

(a) Establishment; purposes. â

The Plans Management Board is established. The Board’s purpose is to administer the Delaware DE529 Education Savings Plan established pursuant to subchapter XII, Chapter 34 of Title 14, the Delaware Achieving a Better Life Experience Program established pursuant to Chapter 96A of Title 16, the Deferred Compensation Program established pursuant to Chapter 60A of this title, and the Expanding Access for Retirement and Necessary Saving Program (EARNS) established pursuant to Chapter 38 of Title 19 (collectively, “the Plans”), in each case, in accordance with the individual purposes of each of the Plans.

(b) Composition. — The Board shall be composed of 11 members as follows:

(1) The following persons shall serve by virtue of their position and may appoint a person to serve in their stead and at their pleasure:

a. The State Treasurer.

b. The Secretary of Finance.

c. The Director of the Office of Management and Budget.

d. The Insurance Commissioner.

e. The Secretary of Education.

(2) Two state employees shall be appointed by the Governor, 1 of whom shall be eligible to participate in the deferred compensation program established in accordance with § 403(b) of the Internal Revenue Code [26 U.S.C. § 403(b)].

(3) Four public members, who by reason of education or experience are qualified to serve, shall be appointed by the Governor.

(c) Term of appointed members; conduct of meetings. — (1) Each appointed member shall be appointed to serve a term of up to 3 years. Members shall be appointed for staggered terms, so that no more than 2 appointed members’ terms shall expire in any 1 calendar year. Appointed members shall be eligible for reappointment.

(2) Each member of the Board shall have 1 vote and the powers of the Board shall be exercised by a majority vote of all members present; provided that a majority of current members shall constitute a quorum necessary to hold a meeting of the Board.

(3) There shall be a Chairperson of the Board who shall be appointed by the Governor from among the public members appointed by the Governor, to serve at the pleasure of the Governor.

(4) The Board shall meet as often as shall be necessary to properly discharge its duties; provided, however, that the Board shall meet at least 4 times annually; and provided further, that the State Treasurer or the Chairperson of the Board shall be authorized to call special meetings of the Board and to set the agenda for these meetings.

(5) Meetings and/or documents relating to investment strategy or negotiations concerning investment of money belonging to the Plans shall be exempt from Chapter 100 of this title.

(d) Standard of care. — (1) With respect to the Deferred Compensation Program, and the EARNS Program, (Programs) the Board, its subcommittees, and each of their members shall discharge their duties with respect to the Programs solely in the interest of the participants and beneficiaries of the Programs and for the exclusive purpose of providing Programs’ benefits to the participants and their beneficiaries, including defraying reasonable expenses of administering the Programs, with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the Programs.

(2) With respect to the DE529 Education Savings Plan (“Plan”) and Delaware Achieving a Better Life Experience Program (“Program”), the Board, its subcommittees, and each of their members shall discharge their duties with respect to the Plan and Program in accordance with the implementing Plan and Program trust documents and applicable law. When investing, managing, or using trust assets, the Board, its subcommittees, and each of their members shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the Plan and Program. The Board may authorize the use of administrative fees from the Plan and Program to defray reasonable expenses of administering each Plan and Program, including marketing expenses, and to fund scholarship, match, or promotional programs as the Board, in its discretion, may establish.

(e) Powers and duties of Board. — (1) The Board is authorized and empowered to adopt rules and regulations for the general administration of its duties.

(2) The Board is authorized and empowered to establish subcommittees. Subcommittees may include persons who are not members of the Board.

(3) The Board is authorized and empowered to make and enter into any and all contracts, agreements, or arrangements for goods and services necessary or desirable for carrying out the purposes of any of the Plans.

(4) The Board shall have the power and duty to maintain, invest, and reinvest the funds contributed into the Plans consistent with the standard of care set forth in subsection (d) of this section.

(5) The Board shall approve the annual budget for each of the Plans and the collection of application, account, and administrative fees from the assets of each Plan in order to defray all costs of the Plans, to the extent permitted by law.

(6) The Board in the exercise of its sole discretion and without liability is specifically authorized to remove any of the Plans’ funds from any financial institution and to reinvest the funds in a similar or different investment alternative at another financial institution at any time.

(7) The Board shall arrange for an annual financial audit of each of the Plans, which shall be provided annually to the General Assembly. The Board shall enter into a memorandum of understanding with the Auditor of Accounts regarding each such audit, and payment for each such audit shall be approved by the Board.

(8) The use of teleconferencing or videoconferencing is authorized for use in conducting meetings of the Board and its subcommittees, including in order to obtain a quorum and for voting purposes.

(9) Assume the powers and duties of the Delaware EARNS Program Board established under Chapter 38 of Title 19.

(f) Compensation; indemnification. — (1) Members may not receive compensation for serving on the Board or its subcommittees. Except for ex officio members, all members are entitled to reimbursement by the State for travel and other expenses incurred in attending meetings of the Board or a subcommittee. A state employee appointed to the Board under paragraph (b)(2) of this section is permitted to count the time spent attending or traveling to and from Board meetings (as well as participation on subcommittees, selection committees, and their like) as part of the employee’s regular work day and may not be required to expend leave time.

(2) The Board, its subcommittees, and each of their members is entitled to the immunities under Chapter 40 of Title 10, and in addition, a member of the Board or a subcommittee is not liable for any act or omission made during the member’s tenure on the Board or a subcommittee, or for any loss incurred by any person as a result of participation in any of the Plans. Further, the State shall indemnify each Board or subcommittee member who is a party to or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, arising by reason of such member’s participation on the Board or a subcommittee, against any expenses (including attorneys’ fees if the Attorney General determines that such Board or subcommittee member is not entitled to representation by the State), judgments, fines, and amounts paid in settlement actually and reasonably incurred by that member in connection with such action, suit, or proceeding, if that member acted in good faith and in a manner that member reasonably believed to be in the best interest of the State, and with respect to any criminal action or proceeding, so long as that member had no reasonable cause to believe that the member’s conduct was unlawful. Any expenses incurred by such Board or subcommittee member in defending a civil, administrative, or investigative action, suit, or proceeding may be paid by the State in advance of the final disposition of such action, suit, or proceeding on authorization by a majority of the members of the Board and by the Governor.

(g) Administrative support. — The Board shall receive administrative support from the Office of the State Treasurer.
29 Del. C. § 3201 — Delaware Code / Title 29 / Chapter 32 / Section 3201
§ Â
        3201. Creation and membership; termination.
Status: in_force

(a) The Delaware Heritage Commission is established and shall be composed of 17 members, 15 of whom shall be citizens of the State appointed by the Governor and 2 of whom shall be ex officio. Appointed members shall serve terms of up to 3 years, excepting the Chairperson, who shall serve at the pleasure of the Governor. Members shall be appointed for staggered terms, so that no more than 5 members’ terms shall expire in any 1 calendar year.

(b) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission.

(c) The Director of the Division of Historical and Cultural Affairs and the Director of the Delaware Public Archives shall serve as ex officio voting members of the Commission.

(1) The Director of the Delaware Public Archives shall be a voting member by virtue of his or her administrative duties overseeing the Delaware Heritage Office, as set forth in § 3202(b) of this title, and the responsibilities of his or her office under regulations established by the National Historical Publications and Records Commission of the National Archives and Records Administration.

(2) The Commission may appoint such other representatives of government agencies and nonprofit organizations as it may deem appropriate to appoint and they shall be ex officio, nonvoting members. The Commission may create subcommittees, which may consist of nonmembers, to facilitate its work.

(d) Members of the Commission shall be eligible for reappointment.
29 Del. C. § 4854 — Delaware Code / Title 29 / Chapter 48 / Subchapter II / Section 4854
§ Â
        4854. Penalties.
Status: in_force

(a) No person shall sell a ticket or share in a ticket at a price greater than that fixed by the Commission. No person other than a lottery agent can sell lottery tickets. Nothing in this section shall be construed to prevent any individual purchaser from giving lottery tickets or shares to another as a gift. Any person convicted of violating this subchapter may be punished by imprisonment for 6 months and a fine of $1,000.

(b) Any person who falsely or fraudulently makes, forges, alters or counterfeits, or causes or procures to be made, forged, altered or counterfeited, any Commission ticket or any part thereof, or any person who knowingly and wilfully utters, publishes, passes or tenders as true, any forged, altered or counterfeited Commission lottery tickets may be punished by imprisonment for 6 months and a fine of $5,000.

(c) Any subsequent offense may be punished by imprisonment for 2 years and $20,000 fine for each offense.
29 Del. C. § 3902 — Delaware Code / Title 29 / Chapter 39 / Section 3902
§ Â
        3902. Function and term of legislative committees.
Status: in_force

The Committee of the Senate and the Committee of the House of Representatives shall function during the regular sessions of the General Assembly and also during the interim periods between such sessions. Their members shall serve until their successors are designated. The Senate and House Committees shall respectively constitute for this State the Senate Council and the House Council of the American Legislators’ Association. The term of each administrative member of this Commission shall extend until the 1st day of February of each year of the regular biennial session of the General Assembly and until such member’s successor is appointed.
29 Del. C. § 6935 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6935
§ Â
        6935. Purchases using federal contracts.
Status: in_force

The Section may, with written approval of the Section director or the Section director’s designee, enter into negotiations with various manufacturers or distributors and award contracts which will enable agencies and local governments to purchase materiel at prices approved by the General Services Administration of the United States government or its successor.
29 Del. C. § 9205 — Delaware Code / Title 29 / Chapter 92 / Subchapter II / Section 9205
§ Â
        9205. State agency authorities, roles and responsibilities.
Status: in_force

(a) All state agencies shall participate in the pre-application review process if requested by the Office of State Planning Coordination and shall provide such assistance and advice as requested by the Office of State Planning Coordination.

(b) In special circumstances, the Office of State Planning Coordination may waive the pre-application requirements of this chapter. Where such waiver is granted, the Office of State Planning Coordination shall provide a written explanation of the causes for the waiver to the relevant local jurisdiction and the applicant. These circumstances may include, but are not limited to, local governments that impose a more stringent review of projects enumerated in § 9203(a) of this title than required by this chapter, or for projects which will provide an extraordinary benefit to the State and the local jurisdiction through economic development, job creation, educational opportunities, public services or facilities, agricultural preservation or protection and enhancement of the natural environment.

(c) In order to more effectively coordinate with the local land-use process, the Office of State Planning Coordination shall, through a memorandum of understanding agreed to by both parties, exempt the local jurisdiction from the provisions of this chapter or modify the pre-application review process specified herein when the local jurisdiction has a Certified Comprehensive Plan and imposes a more stringent review of projects enumerated in § 9203(a) of this title than required by this chapter.

(d) The Office of State Planning Coordination shall coordinate, where possible, the other state review processes including but not limited to the transportation agreements specified in Title 9, and other state land use review and permitting processes.
29 Del. C. § 5218 — Delaware Code / Title 29 / Chapter 52 / Section 5218
§ Â
        5218. Coverage for allergenic protein dietary supplements [For application of this section, see 84 Del. Laws, c. 376, Â 5].
Status: in_force

(a) For purposes of this section:

(1) “Dietary supplement” means as defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321.

(2) “Early egg allergen introduction dietary supplement” means a dietary supplement that is prescribed to an infant by a health-care practitioner and contains sufficient infant-safe, well-cooked egg protein to reduce the risk of food allergies.

(3) “Early peanut allergen introduction dietary supplement” means a dietary supplement that is prescribed to an infant by a health-care practitioner and contains sufficient infant-safe peanut protein to reduce the risk of food allergies.

(4) “Health-care practitioner” means an individual licensed and authorized to write medical orders for an individual under Title 24.

(5) “Infant” means a child who has not attained the age of 1 year.

(b) (1) The plan shall provide coverage for at least 1 of each of the following:

a. An early egg allergen introduction dietary supplement.

b. An early peanut allergen introduction dietary supplement.

(2) The coverage required under paragraph (b)(1) of this section shall be provided at no cost to a covered individual, including deductible payments and cost-sharing amounts charged once a deductible is met.
29 Del. C. § 4836 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4836
§ Â
        4836. Penalties for wagering by excluded persons.
Status: in_force

(a) Any person whose name has been placed on the list of persons to be excluded from participating in any capacity in the play of any sports lottery game or Internet lottery game or excluded or ejected from a video lottery agent’s facility, except for persons whose name has been placed on the self-exclusion list, who thereafter knowingly participates in any capacity in the play of any sports lottery game or Internet lottery game or enters the premises of a video lottery facility, is guilty of a class A misdemeanor.

(b) Any person whose name has been placed on the self-exclusion list, who thereafter knowingly enters a gaming area or engages in the Internet lottery, is guilty of a class A misdemeanor.

(c) A video lottery agent shall have a duty to keep from its premises any person who is on the list of persons to be excluded from entering a video lottery facility and shall have a duty to keep from its gaming room any person who is on the self-exclusion list. The Director may revoke, limit, condition, or suspend the license of a video lottery agent, or impose a fine or other monetary penalty, if that video lottery agent knowingly fails to exclude or eject from its premises any person placed on the list of persons to be excluded or ejected, or knowingly fails to exclude or eject from its gaming room any person on the self-exclusion list.

(d) A person who is prohibited from gaming activity by any order of the Director, or court of competent jurisdiction, or by any provision of this subchapter, including underage persons and any person on the exclusion or self-exclusion list, shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity. The Director shall provide by regulation for the procedures of handling the forfeiture of any winnings or the prohibition of recovering any losses by persons prohibited from gaming activity as set forth in this subsection.

(e) In addition to any other penalty provided by law, any money or thing of value which has been obtained by any person prohibited from gaming activity in a video lottery facility shall be subject to an order of forfeiture by the Director, following notice to the prohibited person and an opportunity for the prohibited person to be heard as set forth by regulation.

(f) The Director also shall establish regulations concerning the disposition of any forfeited funds received under this section.
29 Del. C. § 4801 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4801
§ Â
        4801. Statement of purpose.
Status: in_force

(a) It is the purpose of this subchapter to establish a state-operated lottery under the supervision of a Director who shall be appointed by the Secretary of Finance with the written approval of the Governor and hold broad authority to administer the system in a manner which will produce the greatest income for the State.

(b) In authorizing a video lottery, it is the further purpose of the General Assembly to:

(1) Provide nonstate supported assistance in the form of increased economic activity and vitality for Delaware’s harness and thoroughbred horse racing industries, which activity and vitality will enable the industry to improve its facilities and breeding stock, and cause increased employment; and

(2) Restrict the location of such lottery to locations where wagering is already permitted and/or such immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee as defined in § 4805(b)(13) of this title, and where controls exist.

(c) In authorizing the use of the Internet for certain lottery games, it is the further purpose of the General Assembly to:

(1) Expand access to certain lottery games by offering them on the Internet in a well-regulated and secure system designed to create a positive customer experience that limits access to minors, those with gambling problems, and others who should not be gaming;

(2) Improve the competitiveness of Delaware’s video lottery licensees by encouraging reinvestment in their facilities and promoting the utilization of lottery games on the Internet at websites branded and promoted by the video lottery licensees and Delaware Lottery Office;

(3) Provide further support to Delaware’s harness and thoroughbred horse racing industries by expanding the gaming offerings benefitting video lottery licensees and the horsemen or horsewomen who race there; and

(4) Enhance the offerings of the Delaware lottery by allowing it to develop keno and the sports lottery in a manner that promotes additional convenience and choices for Delawareans.
29 Del. C. § 10502 — Delaware Code / Title 29 / Chapter 105 / Section 10502
§ Â
        10502. Purpose.
Status: in_force

(a) The General Assembly believes that it is desirable to gather additional program information in order to make better informed policy decisions on statewide programs and services.

(b) The General Assembly further believes that the development of performance measures and standards for governmental programs will result in a more efficient and effective allocation and utilization of state resources.

(c) The purpose of this chapter shall be to enable the Director of the Office of Management and Budget to assist the General Assembly in reviewing the appropriate information and documentation by agencies and the budget office for distribution to the Joint Finance Committee.

(d) The Director of the Office of Management and Budget and the Controller General shall work in concert to revise budget documents to include the following:

(1) A comprehensive mission statement inclusive of the major functions and operations of the agency;

(2) A performance measure for each Internal Program Unit;

(3) An organizational chart for each department;

(4) A section in the budget book detailing an agency’s background and accomplishments; and

(5) A section in the budget book describing the link between the proposed allocation of services and what programs and/or services the agency will be able to accomplish.
29 Del. C. § 5543 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5543
§ Â
        5543. Employee contributions.
Status: in_force

(a) (1) Effective January 1, 1998, employee contributions to the Fund shall be 3% of total annual compensation in excess of $6,000 provided, however, that post-2011 employees will pay an employee contribution rate of 5% of total annual compensation in excess of $6,000. In no event shall total compensation during any calendar year in excess of $6,000 be exempt from contributions.

(2) The employee contribution for a correction officer or specified peace officer shall be 7% of annual compensation.

(3) The employee contribution rate for a 911 operator is 5% of annual compensation in excess of $6,000; provided, however, that a 911 operator who is also a post-2011 employee must pay an employee contribution rate of 7% of annual compensation in excess of $6,000.

(b) Any section of this chapter to the contrary notwithstanding, any individual with 15 years of credited service who commenced receiving a service pension of $250 or less before 1971 shall be paid the accumulated contributions with interest; provided, that the individual would have been entitled to such payment under § 5553 of this title as in effect on May 31, 1970.

(c) Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year.

(d) An employee can purchase service credit or repay a withdrawal benefit using a rollover distribution from:

(1) A direct rollover of an eligible rollover distribution from:

a. A qualified plan described in § 401(a) [26 U.S.C. § 401(a)] of the United States Internal Revenue Code;

b. An annuity contract described in § 403(b) [26 U.S.C. § 403(b)] of the United States Internal Revenue Code; or

c. An eligible plan under § 457(b) [26 U.S.C. § 457(b)] of the United States Internal Revenue Code.

(2) A participant contribution of an eligible rollover distribution from:

a. A qualified plan described in § 401(a) [26 U.S.C. § 401(a)] of the United States Internal Revenue Code;

b. An annuity contract described in § 403(b) [26 U.S.C. § 403(b)] of the United States Internal Revenue Code; or

c. An eligible plan under § 457(b) [26 U.S.C. § 457(b)] of the United States Internal Revenue Code.

(3) A participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in § 408 [26 U.S.C. § 408] of the United States Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income.
29 Del. C. § 6346 — Delaware Code / Title 29 / Chapter 63 / Subchapter III-B / Section 6346
§ Â
        6346. Reimbursement of the Fund.
Status: in_force

(a) Upon the funding of a capital project for which advance planning funds or advance real property acquisition funds have been provided from the Fund, a refund shall be made to the Fund from such funding by the State Treasurer from the appropriation made or other source of funds provided for the public facility or real property.

(b) In the event that a capital project, for which advanced planning funds have been provided from the Fund is not included in a capital improvement act within 3 years, the Budget Commission may declare the project inactive and request the State’s bond issuing officers to reimburse the Fund from the Bond Reversion Account, § 7418 of this title notwithstanding.

(c) If federal funds are received as reimbursement for any real property purchased with the Fund, such moneys shall be deposited as a refund to the Fund.

(d) In the event real property is purchased and then plans for utilization of the site are abandoned, the state agency, reorganized school district, or vocational-technical school district, with approval of the Budget Commission, may sell the real property pursuant to Chapter 17 of Title 14 or Chapter 94 of this title, as applicable, and shall deposit the receipts to the Fund.
29 Del. C. § 6901 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6901
§ Â
        6901. Purpose.
Status: in_force

The purpose of this chapter is to:

(1) Create a more efficient procurement process to better enable the State to obtain the highest quality goods, materials and services at the best possible price, thereby maximizing the purchasing value of public moneys; and

(2) Create a single forum in which the procurement needs of state agencies and the technical and legal requirements of the Government Support Services are addressed simultaneously so as to increase mutual understanding, respect, trust and fair and equitable treatment for all persons who deal with the state procurement process.
29 Del. C. § 325 — Delaware Code / Title 29 / Chapter 3 / Section 325
§ Â
        325. State sport.
Status: in_force

Bicycling is the official sport of the State.
29 Del. C. § 10604 — Delaware Code / Title 29 / Chapter 106 / Section 10604
§ Â
        10604. Reporting entities and programs [For application of this section, see 84 Del. Laws, c. 454, Â 2][Expires Sept. 30, 2026, pursuant to 84 Del. Laws, c. 454, Â 4].
Status: in_force

(a) The secretary or director of each of the following departments or divisions shall select at least 2 programs within their department or division to submit reports under § 10603 of this title:

(1) Department of Health and Social Services.

(2) Department of Labor.

(3) Department of Services for Children, Youth and Their Families.

(4) Department of Correction.

(5) Department of Safety and Homeland Security.

(6) Department of Transportation.

(7) Division of Revenue.

(8) Department of Natural Resources and Environmental Control.

(9) Department of Education.

(10) Department of Justice.

(11) Department of Agriculture.

(b) The following entities shall submit reports under § 10603 of this title:

(1) Delaware Economic Development Authority.

(2) Delaware Office of Veterans’ Services.

(3) Delaware Manufactured Home Relocation Authority.

(4) The Delaware Transit Corporation.

(5) Human and Civil Rights Commission.

(6) Delaware State Housing Authority.

(7) Delaware State Police.

(c) Five additional programs, to be determined by the Department of Justice, shall also submit reports as described under § 10603 of this title.
29 Del. C. § 509 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 509
§ Â
        509. Duty of public officials to consult Delaware Public Archives before duplicating or repairing records.
Status: in_force

All public officials of this State and the political subdivisions thereof shall consult with the Department of State regarding proper methods and materials before undertaking the repair or restoration of any public record.
29 Del. C. § 10144 — Delaware Code / Title 29 / Chapter 101 / Subchapter V / Section 10144
§ Â
        10144. Stay pending review.
Status: in_force

When an action is brought in the Court for review of an agency regulation or decision, enforcement of such regulation or decision by the agency may be stayed by the Court only if it finds, upon a preliminary hearing, that the issues and facts presented for review are substantial and the stay is required to prevent irreparable harm.
29 Del. C. § 4855 — Delaware Code / Title 29 / Chapter 48 / Subchapter II / Section 4855
§ Â
        4855. Allocation of profits.
Status: in_force

The profits received by the State of Delaware through the sale of Tri-State Lotto tickets shall be deposited in the General Fund in accordance with § 4815 of this title.
29 Del. C. § 6056 — Delaware Code / Title 29 / Chapter 60A / Section 6056
§ Â
        6056. Maximum amount deferrable.
Status: in_force

Any provision of this chapter notwithstanding, the maximum amount of income which any 1 employee may elect to defer after June 30, 1975, shall not exceed the limit established by the Internal Revenue Service.
29 Del. C. § 203 — Delaware Code / Title 29 / Chapter 2 / Section 203
§ Â
        203. Penalty for removing, damaging or possessing monument.
Status: in_force

(a) Whoever moves, removes, breaks, mutilates, defaces, destroys or otherwise injures any monument marking any boundary between this State and any adjacent state or commonwealth shall be guilty of a class B misdemeanor.

(b) Any person who has in possession any monument heretofore placed or prepared to be placed upon any of the boundary lines specified in subsection (a) of this section shall, upon demand being made for the monument by the Director of the Division of Historical and Cultural Affairs, surrender and deliver the monument to the Director of the Division of Historical and Cultural Affairs, or to the Director’s authorized agents or employees.

(c) Whoever fails on demand to surrender and deliver the monument as required by subsection (b) of this section shall be guilty of a class B misdemeanor.
29 Del. C. § 4803 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4803
§ Â
        4803. Definitions.
Status: in_force

(a) “Charitable gaming organization” shall mean an organization, in existence as of January 1, 2013, that is a fraternal or veterans organization with national affiliation or an organization, in existence as of January 1, 2013, whose membership consists primarily of veterans honorably discharged or active duty service members.

(b) “Charitable video lottery machine” shall mean a video lottery machine that is under the control of the State Lottery Office and that has been authorized by the Director to be placed at a location operated by a charitable gaming organization. Authorized play on such device shall be restricted to members of the charitable gaming organization’s active members. The Director shall promulgate rules for authorized charitable gaming organizations to report monthly the amount of proceeds that should be returned to the State.

(c) “Credit slip” shall mean the receipt generated by a video lottery terminal when a player is playing that particular video lottery terminal, or the ticket resulting from a sports lottery game.

(d) “Director,” as used in this subchapter, shall mean the Director of the State Lottery Office.

(e) “Employee organization” shall mean any organization that admits or seeks to admit to membership employees of a Delaware video lottery agent and that has as a purpose the representation of such employees in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment, or conditions of work.

(f) “Gaming area” shall mean a location in a video lottery facility where gaming activity is conducted at video lottery machines or table games.

(g) “Gaming employee” shall mean a person employed in the operation of a video lottery facility and determined by the Director to have employment duties and responsibilities involving the security, maintenance, servicing, repair, or operation of video lottery machines and table game equipment, or is employed in a position that allows direct access to the internal workings of video lottery machines or table game equipment. Such employees shall include, without limitation: dealers; floorpersons; video lottery machine personnel; video lottery machine technicians; count room and cage personnel; security and surveillance employees; employees responsible for handling assets and proceeds associated with the operation of gaming activity; and employees with responsibility for policies concerning complimentaries or allowed to grant variances to policies concerning complimentaries.

(h) “Gaming excursion” shall mean an arrangement the purpose of which is to induce any person, selected or approved for participation therein on the basis of said person’s ability to satisfy a financial qualification obligation related to said person’s ability or willingness to gamble or on any other basis related to said person’s propensity to gamble, to come to a video lottery facility for the purpose of gaming and pursuant to which, and as consideration for which, any or all of the cost of transportation, food, lodging, and entertainment for said person is directly or indirectly paid by a video lottery agent or employee thereof.

(i) “Gaming room service employee” shall mean a person employed to perform services or duties in a video lottery facility, who has access to the gaming area or restricted gaming area, but who is not included within the definition of “key employee” or “gaming employee.”

(j) “Gross table game revenue” shall mean the total of all table game win or loss and poker revenue, including checks received whether collected or not, received by a video lottery agent from table game operations; provided that if the value of gross table game revenue at any video lottery facility in a given fiscal year is less than zero, any liabilities to winners in such year shall be the responsibility of the video lottery agent. Gross table game revenue shall include entry fees charged in a tournament in excess of cash prizes awarded. For purposes of this section, any check which is invalid and unenforceable shall be treated as cash and included within gross table game revenue.

(k) “Internet lottery” shall mean all lottery games in which the player’s interaction with the game operated by the Office occurs over the Internet (which, for purposes of this chapter, shall include any public or private computer or terminal network, whether linked electronically, wirelessly, through optical networking technology or other means), including Internet ticket games, the Internet video lottery and Internet table games.

(l) “Internet table games” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a table game in a video lottery facility, and in which the game is an Internet variation or compilation of a table game or table games, provided that the game is expressly authorized by rule of the Director.

(m) “Internet ticket games” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of the Office, and in which the winner is decided by chance through mechanical or electronic means, and which shall include keno but which shall not include the video lottery, table games, and other forms of the Internet lottery.

(n) “Internet video lottery” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a video lottery machine in a video lottery facility, and in which the game is an Internet variation of a video lottery game, and which shall not include keno, table games, and other forms of the Internet lottery.

(o) “Key employee” shall mean a person employed in the operation of a video lottery facility and determined by the Director to be acting in a supervisory capacity or empowered to make discretionary decisions with respect to video lottery machine or table game operations, including, without limitation, the chief executive, financial and operation managers, video lottery department managers, cashier and cage supervisors, credit executives, pit bosses or managers, gaming employee shift managers or any other employee so designated by the Director for reasons consistent with the public policies of this subchapter, and shall include any officer or any employee of an employee organization who has direct involvement with or who exercises authority, discretion or influence in the representation of employees of a Delaware video lottery agent in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment or conditions of work.

(p) “Lottery” or “state lottery” or “system” shall mean the public gaming systems or games established and operated pursuant to this subchapter and including all types of lotteries.

(q) “Lottery agent” or “lottery ticket sales agent” means a person whom the Director has licensed to sell lottery tickets.

(r) “Net moneys” shall mean all moneys received from the sale of lottery tickets after first deducting sales agent commissions and payment of prizes under $600.

(s) “Office” shall mean the State Lottery Office established by this subchapter.

(t) “Poker revenue” shall mean the total value of rake charged to players at all poker tables. The poker revenue is determined by adding the value of cash, coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and markers removed from a drop box, and subtracting the amount on the opener and the total of amounts recorded on fills removed from a drop box.

(u) “Qualified child support obligation” shall mean any child support lien in excess of $150 as provided by § 2215 of Title 13.

(v) “Qualified lottery prize” shall mean any video lottery, sports lottery, table game, or charitable gaming organization prize paid by cash or check for which a W-2G is issued (but less any amounts withheld for income taxes).

(w) “Restricted gaming area” shall mean the cashier’s cage, the count room, the cage booths and runway areas, the interior of table game pits, the surveillance room and catwalk areas, the video lottery machine repair room and any other area designated by the Director as a restricted gaming area.

(x) “Sports lottery” shall mean a lottery in which the winners are determined based on the outcome of any professional or collegiate sporting event, including racing, held within or without the State, but excluding collegiate sporting events that involve a Delaware college or university and amateur or professional sporting events that involve a Delaware team.

(y) “Sports lottery agent” means a person whom the Director has licensed to conduct sports lottery games.

(z) “Sports lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play a sports lottery game. A machine shall be considered a sports lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary.

(aa) “Sports lottery operations employee” shall mean an individual employee, person or agent of an applicant or licensee who is responsible for the security of sports lottery operations or proceeds.

(bb) “State Lottery Fund” shall mean those moneys derived from the sale of state lottery tickets and deposited in the state account of that name and those funds appropriated for the start-up costs of the system.

(cc) “Table game” shall mean any game played in a video lottery facility with cards, dice or any mechanical, electromechanical or electronic device or machine (excluding keno, video lottery machines, and the Internet lottery) for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, twenty-one, poker, craps, roulette, bingo, wheel of fortune or any variation of these games, whether or not similar in design or operation, provided that the game is expressly authorized by rule of the Director.

(dd) “Table game equipment” shall mean gaming tables, cards, dice, chips, tiles, shufflers, drop boxes or any other mechanical, electronic or other device, mechanism or equipment or related supplies used or consumed in the operation of any table games.

(ee) “Table game win or loss” shall mean the value of gaming chips and cash won from patrons at gaming tables less the value of gaming chips and cash won by patrons at gaming tables other than poker tables. The table game win or loss is determined by adding the value of cash, total value of coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and the issuance copies of markers removed from a drop box, subtracting the amount recorded on the opener and the total of amounts recorded on fills removed from a drop box. Match play coupons shall not be included, subject to limitations imposed by the Director.

(ff) “Video lottery” shall mean any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery).

(gg) “Video lottery agent” means a person whom the Director has licensed to conduct table games, video lottery games, sports lottery games, and Internet lottery games and who possesses either a horse racing meet license pursuant to Title 3 or Title 28 of the Delaware Code, a harness racing meet license pursuant to Title 3 of the Delaware Code, or both.

(hh) “Video lottery facility” shall mean a building containing a gaming area.

(ii) “Video lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play in a game of chance in which the results, including options available to the player, are randomly determined by the machine. A machine may use spinning reels or video displays or both, and may or may not dispense coins or tokens directly to winning players. A machine shall be considered a video lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary.
29 Del. C. § 8229 — Delaware Code / Title 29 / Chapter 82 / Section 8229
§ Â
        8229. Exclusive state regulation; general repealer.
Status: repealed

It is the intent of this Act that this be the exclusive state method of regulating and controlling the transportation of hazardous materials. To that end all acts and parts of acts, ordinances and regulations elsewhere promulgated or enacted are hereby repealed and declared unenforceable to the extent that they are inconsistent herewith. No city, town, municipality or other subdivision of the State shall adopt or enforce any other regulation of the transportation of hazardous materials. This shall not preclude the State from regulating hazardous wastes and hazardous substances, including the transportation thereof, as may be otherwise provided by law.
29 Del. C. § 305 — Delaware Code / Title 29 / Chapter 3 / Section 305
§ Â
        305. State tree.
Status: in_force

The American holly (Ilex opaca, Aiton) is adopted as the state tree.
29 Del. C. § 8718A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8718A
§ Â
        8718A. Budget.
Status: in_force

The Director shall prepare a proposed budget for the operation of the Division to be submitted along with the proposal for the Department of State for the consideration of the Secretary, Governor and the General Assembly. The budget may be presented in any manner consistent with guidelines provided by the Director of the Office of Management and Budget; provided, however, that at least 1 budget unit, or successor budgetary component, shall detail the proposed budget for the support of tourism. The Division shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants or appropriations.
29 Del. C. § 557 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 557
§ Â
        557. Fort Christina Monument.
Status: in_force

The land acquired at “The Rocks” on the Christina River in the City of Wilmington for the purpose of creating there a state park to mark perpetually the place where the first Swedish settlers landed and the site of Fort Christina, the first permanent settlement in this State as well as the first permanent settlement in the Delaware River Valley, shall be known and designated as the Fort Christina Monument. The Department of State shall have jurisdiction, control and maintenance of the Fort Christina Monument.
29 Del. C. § 8915 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8915
§ Â
        8915. Delaware personal credential card.
Status: in_force

(a) A Delaware personal credential card ( “personal credential” ) is issued by the Commissioner and contains all of the following:

(1) The individual’s name, date of birth, sex, height, weight, and eye color.

(2) A photograph of the individual.

(3) An expiration date that is 1 year from the date the personal credential is issued.

(4) A bar code.

(5) A statement regarding the validity of the card.

(b) (1) The Commissioner shall ensure that an individual who is being released from the custody of the Department of Correction following conviction and a term of incarceration of 6 months or more receives a personal credential as follows:

a. Before release from Level IV if held at a Level IV residential treatment facility after Level V.

b. Before release from Level V if held at a Level IV work release center after Level V.

c. Before release from Level V if not being held at Level IV custody.

(2) The Commissioner shall provide written instructions with the personal credential that explains how it can be used to obtain the identification documents in subsection (c) of this section without charge.

(c) An individual who presents a valid personal credential is exempt from the applicable fee to receive all of the following:

(1) One certified copy of a certificate of birth, if the individual was born in this State.

(2) One identification card or driver’s license, issued under Title 21, if the individual is otherwise eligible.

(d) The Commissioner shall work with the Department of Health and Social Services and the Division of Motor Vehicles to adopt policies and procedures to implement this section.
29 Del. C. § 4818 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4818
§ Â
        4818. Disclosure of certain information regarding a prize winner.
Status: in_force

The name and address of any prize winner under this chapter shall not be disclosed to the public by the State Lottery Office unless permission is given by the prize winner.
29 Del. C. § 8701A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8701A
§ Â
        8701A. Legislative findings.
Status: in_force

(a) The General Assembly finds and declares that the good order of the State depends upon the steady employment in useful occupations of the citizens of the State. Such steady and useful employment can be made available by encouraging the economic development of the State through the inducement of a full range of commercial, industrial, agricultural and other enterprises to locate, remain and expand in the State. Uncontrolled industrialization and expansion, however, may contribute to possible dangers to the public health and welfare through the pollution of the air, water and soil of the State. The reduction, abatement and prevention of the pollution of the State’s environment and the protection of its natural resources are important concerns to be considered in the process of encouraging the economic development of the State.

(b) The General Assembly further finds that promotion of the State as a destination for tourists and other travelers will help to enhance the State’s economy and provide employment and recreational opportunities for citizens of the State.

(c) The General Assembly further finds that promotion and assistance to small and minority-owned businesses is vital to the overall balance between large and small firms, and that it is in the State’s interest to insure a strong and diversified business community.

(d) The General Assembly further finds and declares that the creation of a Public/Private Partnership to attract large employers, innovative enterprises and international business opportunities while transferring duties formerly performed by the Delaware Economic Development Office to a division within the Department of State is in the best interest of the State to foster development in an increasingly competitive economy.
29 Del. C. § 8053 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8053
§ Â
        8053. State Energy Office; State Energy Coordinator; establishment; powers and duties.
Status: repealed

(a) There is hereby established the State Energy Office within the Department of Natural Resources and Environmental Control, Division of Climate, Coastal and Energy.

(b) The Director of the Division of Climate, Coastal and Energy is the administrator and head of the State Energy Office and is the State Energy Coordinator, who shall:

(1) Be qualified by training or experience to perform the duties of the Office; and

(2) Perform such functions in the administration of the State Energy Office as the Secretary of the Department of Natural Resources and Environmental Control may from time to time require.

(c) The State Energy Office shall:

(1) Act as a central repository and clearinghouse for collection and dissemination of data and information on energy resources and energy matters in the State, including but not limited to:

a. Data on energy supply, demand, costs, projections and forecasts;

b. Inventory data on energy research and development projects, studies, or other programs conducted in the State under public or private supervision or sponsorship, and the results thereof; and

c. The environmental impacts of energy generation and use and the means of reducing those impacts through alternative fuels, innovative energy technologies, conservation or other means.

(2) Coordinate and partner with other state, local, regional, and federal agencies, including the Delaware Public Service Commission, the Division of the Public Advocate, the Office of State Planning and Coordination, the Office of Management and Budget, the Delaware Emergency Management Agency, the Department of Agriculture, the Department of Transportation, and the Delaware Sustainable Energy Utility, and energy-related boards and councils, energy utilities, and other stakeholders in carrying out its duties under this subchapter;

(3) Recommend legislative or other initiatives to the Secretary, and hence to the Governor and General Assembly, that will enable or assist the State, its instrumentalities, its energy utilities, and private citizens, to secure federal funds made available to states, energy utilities, and individuals to support energy conservation, energy efficiency, emerging energy technologies, energy storage, demand response, microgrids, energy workforce development, grid resiliency and development, and renewable energy and decarbonization programs and initiatives, whatever form those funds take;

(4) Provide for a program of energy audits of facilities owned by instrumentalities of the State in cooperation with designated representatives of said facilities;

(5) Provide for the training and certification of energy auditors to conduct energy audits as may be necessary and proper to carry out the purposes and policies of this subchapter, or any other energy-related law applicable to this State;

(6) Assist the Division of Facilities Management in developing the state facilities energy management plan as required in § 8806(c) of Title 29 [repealed]; and

(7) Develop and update, at least every 5 years, a comprehensive State Energy Plan designed to protect the health, safety and welfare of the citizens and economy of the State consistent with the State’s greenhouse gas emissions reduction targets, as specified in § 10003 of Title 7, and the State’s Climate Action Plan issued pursuant to § 10004 of Title 7, support the State’s greenhouse gas emissions reduction targets, and support implementation of the State’s Climate Action Plan. The State Energy Plan shall include:

a. Encouraging and promoting conservation of energy through reducing wasteful, uneconomical or inefficient uses of energy;

b. Encouraging and promoting the use of renewable electric generation facilities and alternate energy technologies by residential and commercial consumers;

c. Encouraging and promoting such other energy efficiencies and conservation goals, methods, standards, training, programs and policies that are consistent with the intent of this subchapter, especially those directed toward improving end-use efficiency among the State’s energy consumers; and

d. Encouraging and promoting equity in energy planning and development in accordance with the Plans.

(8) Provide technical and administrative support to the Governor’s Energy Advisory Council as provided for in § 8055(i) of this title;

(9) Serve as a liaison between the State and federal agencies and energy agencies in other states and regions on the energy program and policy matters set forth in this subchapter;

(10) Monitor and act in a coordinating capacity to promote the planning and buildout of the statewide energy grid to optimize resources, including coordination with any plan acknowledged by the Public Service Commission;

(11) Conduct analysis of generating resource adequacy and conduct integrated resource planning, as necessary;

(12) Develop and conduct the solicitation or solicitations for the procurement of electric energy from offshore wind, as set forth in § 8056 of this title, and participate in offshore wind transmission planning with the regional transmission organization, the Delaware Public Service Commission, the Division of the Public Advocate, energy utilities, other stakeholders, and other states.

(13) Conduct analysis, study policy options, and collaborate with energy utilities and other stakeholders to make recommendations to facilitate the responsible siting of renewable energy facilities in Delaware;

(14) Provide public information and convene stakeholder meetings when necessary to implement the purposes of this subchapter; and

(15) Acting through the Department of Natural Resources and Environment Control, have the authority to intervene as a party in dockets before the Public Service Commission by filing a petition to intervene stating its interest in the docket. Such intervention shall be limited to matters arising directly from the matters enumerated in subchapter II of this chapter. Should the Commission grant the petition, the Department shall be deemed a party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs, appeal and take any other action appropriate for a party in a Commission docket.
29 Del. C. § 10212 — Delaware Code / Title 29 / Chapter 102 / Section 10212
§ Â
        10212. Focused review.
Status: in_force

(a) The Committee may conduct a focused review of an entity if the Committee determines that a full review of the entity is not appropriate or necessary. The purpose of a focused review is to evaluate a component within an entity, such as a specific statute, policy, rule, regulation, or program related to the entity. A focused review is in contrast to the broader evaluation of a full review under this chapter.

(b) A focused review is conducted as follows:

(1) The Committee may select an entity or component of an entity, such as a program or sub-entity, for a focused review in the same manner that it selects an entity for a full review under § 10213(c) of this title.

(2) The Committee may begin a focused review immediately and is not subject to the timeline under § 10210(a) of this title.

(3) Committee staff shall work with the Committee to establish the scope of the focused review.

(4) Committee staff shall conduct research based on the scope established under paragraph (b)(3) of this section and any other issue, concern, defect, or problem that the Committee may request or as the research may indicate.

(5) The Committee shall set a deadline for completion of the committee staff’s research, based on staff’s estimation of the time needed to complete the research and the emergency nature, if any, of the focused review.

(6) In conducting research under this section, committee staff shall engage the general public and each appropriate entity or organization, including the entity under focused review, to request written testimony, comment, or other material to aid the Committee in the focused review.

(7) Committee staff shall prepare a staff report containing a summary of the staff’s research and staff’s findings, conclusions, and recommendations. Committee staff shall submit the report to the Committee not later than the deadline that the Committee sets under paragraph (b)(5) of this section, unless staff requests and the chair approves an extension of time.

(8) After committee staff has submitted the staff report under this section to the Committee, the Committee shall conduct the focused review by following § 10209(d) of this title.

(9) Committee staff shall make the staff report available to the public not later than the date of the Committee’s initial public hearing under paragraph (b)(8) of this section.

(10) To conclude a focused review, the Committee shall publish each recommended change that the Committee may determine is necessary or appropriate.
29 Del. C. § 6972 — Delaware Code / Title 29 / Chapter 69 / Subchapter V / Section 6972
§ Â
        6972. Definitions.
Status: in_force

As used in this subchapter:

(1) “Agency” means any state agency, authority, or any political subdivision of state or local government, including, but not limited to, county, city, township, village or municipal government, local school districts, and institutions of higher education, any state-supported institution, or a joint action agency composed of political subdivisions.

(2) “Energy and operational cost savings” means a measured reduction in the cost of fuel, energy consumption, and stipulated operation and maintenance created from the implementation of 1 or more energy conservation measures when compared with an established baseline for the previous cost of fuel, energy consumption, and stipulated operation and maintenance.

(3) “Energy conservation measure” means a training program, facility alteration, facility improvement, or equipment purchase to be added or used in any facility that is designed to reduce energy or operating costs and includes, but is not limited to:

a. Insulation of the facility structure and systems within the facility;

b. Storm windows and doors, caulking and weather-stripping, multi-glazed windows and doors, heat-absorbing, or heat-reflective, glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

c. Automatic energy control systems;

d. Heating, ventilating, or air-conditioning system modifications or replacements;

e. Replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system;

f. Day-lighting systems;

g. Energy recovery systems;

h. Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a facility or complex of facilities;

i. Renewable energy systems, such as solar, biomass or wind systems;

j. Devices that reduce water consumption or sewer charges;

k. Storage systems, such as fuel cells and thermal storage;

l. Generating technologies, such as micro turbines; and

m. Any other repair, replacement or upgrade of existing equipment that produces energy and operational cost savings, improves safety, significantly reduces energy consumption or increases the operating efficiency of the facilities and which must conform to the applicable state or local building code.

(4) “Guaranteed energy performance contract” means a contract between the agency and a qualified provider for the evaluation, recommendation, and implementation of energy conservation measures, which, at minimum, shall include:

a. The design and installation of equipment to implement 1 or more of such measures and, if applicable, operation and maintenance of such measures;

b. That the amount of guaranteed actual savings must meet or exceed the total annual contract payments made by the contracting agency for the guaranteed performance contract; and

c. The finance charges incurred by the agency over the life of the contract.

(5) “Qualified provider” means a person or business with a record of established projects that is experienced in the analysis, design, implementation, or installation of energy conservation measures through guaranteed energy performance contracts.
29 Del. C. § 10606 — Delaware Code / Title 29 / Chapter 106 / Section 10606
§ Â
        10606. Application [For application of this section, see 84 Del. Laws, c. 454, Â 2][Expires Sept. 30, 2026, pursuant to 84 Del. Laws, c. 454, Â 4].
Status: in_force

This chapter may not be interpreted to limit or end the responsibility that a program or any person may have to take reasonable steps to provide meaningful access to services to individuals with LEP or to provide effective communication to individuals with disabilities under federal or Delaware state laws or regulation.
29 Del. C. § 10214 — Delaware Code / Title 29 / Chapter 102 / Section 10214
§ Â
        10214. Committee recommendations; authority to recall entity.
Status: in_force

(a) For each entity under full review or focused review, the Committee may recommend 1 or more of the following:

(1) a. Continuance of the entity as is.

b. Termination of the entity.

c. Termination of a program within the entity or a rule or regulation adopted by the entity.

d. Consolidation, merger, or transfer of the entity or of a function of the entity.

e. Continuation, holdover, or termination of the entity unless or until certain conditions are met or modifications are made, by legislation or otherwise, within a specified period of time.

(2) Budget appropriation limits for an entity.

(3) In general or specific terms, legislation which the Committee considers necessary to carry out its decision as to whether an entity should be continued or terminated.

(4) Legislation to amend the entity’s governing statute or a related statute.

(b) When the Committee has released an entity from full review or focused review, it may recall the entity to a public hearing before the Committee to consider making additional recommendations under subsection (a) of this section if any of the following circumstances apply:

(1) The entity has the ability to meet a certain condition or make a modification that the Committee recommends, but fails to do so.

(2) The Committee recommends legislation to amend the entity’s governing statute or a related statute, but, for any reason, the legislation fails to be enacted into law.

(3) The entity fails to submit to the Committee a report that the Committee requests with a status update on the implementation of a recommendation, on a date that the Committee determines.
29 Del. C. § 6531 — Delaware Code / Title 29 / Chapter 65 / Section 6531
§ Â
        6531. Reimbursement for cost of goods and services provided.
Status: repealed

(a) All state agencies and departments which provide goods and services to any other state agency, state department or to any other governmental agency, person, corporation, partnership or business organization on a reimbursement basis shall be reimbursed in amounts which shall not be less than the full cost of such goods and services. If, however, the Governor, or the Governor’s designate, after receiving a written request from an agency or department, shall indicate to such agency or department that such reimbursement for the full cost of goods or services provided is not in the best interest of the State, then reimbursement for the full cost of any goods or services provided shall not be required until June 30 of the next odd year. This section shall not apply to specialized transportation authorities created pursuant to Chapter 17 [repealed] of Title 2.

(b) “Full cost” is defined as purchase or out-of-pocket costs including other employment costs plus overhead costs, computed in accordance with accepted governmental accounting principles, as prescribed by the Secretary of Finance.
29 Del. C. § 9007B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9007B
§ Â
        9007B. Disposition of fees.
Status: in_force

All the fees, costs, allowances and other perquisites which are taxable and paid to any state row offices for any official service rendered by any such offices shall be for the sole use of the State and when received shall be paid to the State Treasurer.
29 Del. C. § 5306 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5306
§ Â
        5306. Eligibility for service pension.
Status: in_force

In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if:

(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or

(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age.
29 Del. C. § 5706 — Delaware Code / Title 29 / Chapter 57 / Section 5706
§ Â
        5706. Plans for coverage of employees of political subdivisions.
Status: in_force

(a) Each political subdivision of the State may submit for approval by the State Agency a plan for extending the benefits of Title II of the Social Security Act [42 U.S.C. § 401 et seq.], in conformity with applicable provisions of such Act, to employees of such political subdivisions. Each such plan and any amendment thereof shall be approved by the State Agency if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the State Agency, except that no such plan shall be approved unless:

(1) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under § 5703 of this title;

(2) It provides that all services which constitute employment and are performed in the employ of the political subdivision by employees thereof shall be covered by the plan except that it may exclude services performed by individuals to whom § 218(c)(3)(B) of the Social Security Act [42 U.S.C. § 418] is applicable; provided, however, that services which may be excluded under the Social Security Act may be excluded by the agreement;

(3) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (c)(1) this section and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose;

(4) It provides for such methods of administration of the plan by the political subdivision as are found by the State Agency to be necessary for the proper and efficient administration of the plan;

(5) It provides that the political subdivision will make such reports, in such form and containing such information as the State Agency may from time to time require, and comply with such provisions as the State Agency or the Secretary of Health, Education and Welfare may from time to time find necessary to assure the correctness and verification of such reports; and

(6) It authorizes the State Agency to terminate the plan in its entirety, in the discretion of the State Agency, if it finds that there has been a failure to comply substantially with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the State Agency and may be consistent with the Social Security Act.

(b) The State Agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a) of this section and shall not terminate an approved plan without reasonable notice and opportunity for hearing to the political subdivision affected thereby.

(c) (1) Each political subdivision as to which a plan has been approved under this section shall pay into the Contribution Fund with respect to wages, at such time or times as the State Agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State Agency under § 5703 of this title.

(2) Each political subdivision required to make payments under paragraph (c)(1) of this section may, in consideration of the employee’s retention in or entry upon employment after June 8, 1951, impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to wages not exceeding the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of such Act and may deduct the amount of such contribution from wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (c)(1) of this section. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.

(d) Delinquent payments due under paragraph (c)(1) of this section may, with interest at the rate currently then being charged by the Social Security Administration but not less than $10 per each delinquency, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the State Agency, be deducted from any other moneys payable to such subdivision by any department or agency of the State.
29 Del. C. § 4709 — Delaware Code / Title 29 / Chapter 47 / Section 4709
§ Â
        4709. Power to administer oaths and issue subpoenas.
Status: in_force

The Director of the Division of Forensic Science, the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners, in the course of investigation of a death, may administer oaths and affirmations and take affidavits and make examinations as to any matter within the jurisdiction of their respective offices, but the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners may not summon a jury of inquisition. The Chief Medical Examiner, or in the Chief Medical Examiner’s absence, Assistant Medical Examiners or Deputy Medical Examiners, shall have the power to issue subpoenas.
29 Del. C. § 2906 — Delaware Code / Title 29 / Chapter 29 / Section 2906
§ Â
        2906. Duties of the Auditor of Accounts.
Status: in_force

(a) The Auditor shall conduct audits of all the financial transactions of all state agencies. To the extent possible, the Auditor shall conduct the audits at least once every 2 years.

(b) At least quarterly during each fiscal year, the Auditor shall conduct an audit to determine if the books and records maintained by the Office of the Secretary of Finance are kept in accordance with generally accepted accounting principles and are reconciled with the bank accounts. At the same time, the Auditor shall reconcile the records maintained by the Office of the Secretary of Finance with the fund balances maintained and reported by the Director of the Office of Management and Budget.

(c) The Auditor has sole responsibility for the arrangements under which a state agency audit is conducted and for selecting a certified public accountant who makes the audit. Another state agency or state agency member, official or employee may not have any part in, or responsibility for, selecting a certified public accountant, or making any arrangements, agreements or contracts for the employment of a certified public accountant to make a state agency audit.

(d) As the Auditor authorizes, expenses incurred during an audit of a state agency are charged as follows:

(1) To general fund appropriations of the General Assembly to the Office of Auditor of Accounts for audits of general fund activity.

(2) To capital appropriations of the General Assembly to the several agencies for audits of capital fund activity.

(3) To general fund appropriations and special fund accounts for audits of special fund activity. If there is a question about which account to charge, then the account selected by agreement between the Auditor and the Director of the Office of Management and Budget is charged.

(e) This section does not affect § 5109 of Title 14. Any other provision which stands in conflict with this section is void.

(f) The Auditor shall conduct an annual audit of local school district tax funds budget and expenditures. The results of an audit must be submitted to the local board, the State Board of Education, the Office of the Controller General, and the local libraries within the local school district. A local school district shall pay the expenses incurred during the annual audit of the local school district’s tax funds budget and expenditures.

(g) The Auditor shall conduct an audit of all agencies, associations, and funds created directly or indirectly by the provisions of Title 18 or by the Insurance Commissioner.

(h) The Auditor shall conduct an audit of the State-funded portion of the finances of the University of Delaware as authorized by § 5109 of Title 14. The contractor conducting the audit must be selected jointly by the University of Delaware and the Auditor of Accounts.
29 Del. C. § 5570 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5570
§ Â
        5570. Amount of unified service, disability or survivor pension.
Status: in_force

The amount of unified pension payable to an employee, former employee or survivor shall be the sum of:

(1) The amount computed according to this chapter, exclusive of service credited under § 5551(4)b. of this title; plus

(2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55 of this title; subchapter III of Chapter 83 of Title 11; and Chapter 88 of Title 11.
29 Del. C. § 3704 — Delaware Code / Title 29 / Chapter 37 / Section 3704
§ Â
        3704. Authority.
Status: in_force

The Commission shall fall under the authority of the Secretary of State and shall have such powers, duties, and functions described in § 3701 of this title and such other duties and functions as may be referred to it by the Governor, the Secretary of State, or the General Assembly.
29 Del. C. § 7602 — Delaware Code / Title 29 / Chapter 76 / Section 7602
§ Â
        7602. Powers, duties and functions of Committee.
Status: in_force

The Clearinghouse Committee shall:

(1) Establish state goals and objectives for maximizing the utilization of federal aid and nonfederal aid programs.

(2) Promulgate procedures and guidelines for all state departments, agencies, public and higher education covering applications for federal grants and nonfederal grants.

(3) Require, upon request, any state department, agency, public and higher education receiving a grant of money from the federal government or a nonfederal grant to submit a detailed report to members of the Committee of expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the agency submitting such a report to appear before the Committee and to answer such questions as the Committee may require.

(4) Meet as often, in person or virtually, as it is deemed necessary by the Chairperson of the Committee for the purpose of establishing policy, reviewing and approving or disapproving applications for federal and nonfederal grants.
29 Del. C. § 8016A — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8016A
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        8016A. Community Involvement Advisory Council and Community Ombudsman.
Status: in_force

(a) There is established the Community Involvement Advisory Council.

(b) The Community Involvement Advisory Council shall serve in an advisory capacity to the Secretary of the Department of Natural Resources and Environmental Control and shall consider such matters as the relationships and interactions between the Department and local communities throughout the State, communication and information flow between the Department and these communities, public participation in the decision-making processes of the Department, ensuring, to the extent practicable, that no community in the State is disparately affected by environmental impacts, matters related to addressing adverse environmental impacts on communities and other such matters as may be referred to it by the Governor or the Secretary. The Council may also study, research, plan and advise the Secretary on matters it deems appropriate to enable the Department to relate to and interact with communities in the best manner possible.

(c) The Community Involvement Advisory Council shall be composed of 11 members who shall be appointed by the Governor as follows:

(1) Four members shall be appointed for 3-year terms.

(2) Four members shall be appointed for initial 2-year terms.

(3) Three members shall be appointed for initial 1-year terms.

(4) Thereafter, all new appointees shall serve for a term of 3 years.

(d) Council membership shall include representatives from communities, community-based nonprofit organizations, environmental organizations, health-care providers, local government, academic institutions and business/industry. Community representation shall include representatives of communities that potentially may be adversely impacted by environmental factors or conditions.

(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council.

(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.

(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.

(h) The Department shall establish a position of Community Ombudsperson to serve as a liaison between the Department and communities statewide. The Department may establish Community Assistance Providers as may be appropriated by the General Assembly. The Community Ombudsperson and Community Assistance Providers shall engage communities in identifying and understanding environmental issues and addressing or resolving environmental problems, advocate for communities, assist communities in obtaining information on environmental issues, and serve as a point of contact for the Department with communities and community organizations. The Secretary shall provide to the General Assembly annually a summary of the activities and an assessment of the effectiveness of the Community Ombudsperson program.