29 Del. C. § 5551 — Delaware Code / Title 29 / Chapter 55A / Subchapter I / Section 5551
§ Â
        5551. Definitions.
Status: in_force

As used in this chapter:

(1) “Approved medical leave” means a leave of absence from employment, without pay, for a definite period of time, authorized by the employer, and necessitated by the employee’s mental and/or physical condition. Approved medical leaves shall not exceed 1 year unless extended by the Board of Pension Trustees.

(2) “Board” shall mean the Board of Pension Trustees established by § 8308 of this title.

(3) “Compensation” shall mean all salary, wages and fees, including overtime payments and special payments for extra duties, payable to a member for service credited under paragraph (4)a. of this section and the value of any maintenance provided for the member as part of such payments.

(4) “Credited service” shall mean, for any individual:

a. Service as an employee after the date of affiliation with the Fund by the employer, excluding any period during which an employee is on an approved medical leave or approved sabbatical leave unless service credit for such period or periods of leave is purchased pursuant to paragraph (4)e. or f. of this section.

b. “Equalized state service” shall mean:

1. Years of service as an “employee” as defined in § 5501(f)(1) and (3) of this title, multiplied by 30/30, provided that the individual is not accruing nor collecting benefits under Chapter 55 of this title. It shall not include service for which the employee has received the withdrawal benefit provided by § 5530 of this title, or the refund provided by § 5523(b) of this title, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

2. Years of service as an “employee” as defined in § 8351(5) of Title 11, multiplied by 30/25, provided that the individual is not accruing nor collecting benefits under subchapter III of Chapter 83 of Title 11. It shall not include service for which the employee has received the withdrawal benefit provided by § 8374 of Title 11, or the refund provided by § 8364(d) of Title 11, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

3. Years of service as an “employee” as defined in § 8801(5) of Title 11, multiplied by 30/25, provided that the individual is not accruing nor collecting benefits under Chapter 88 of Title 11. It shall not include service for which the employee has received the withdrawal benefit provided by § 8824 of Title 11, or the refund provided by § 8814(d) of Title 11, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

c. Restored credited service. — If a member ceases to be an employee before the member has acquired 5 years of credited service, the member’s service credits to the date of termination shall be cancelled but shall be restored if:

1. The member’s cessation of employment is due to absence on account of military service, disability or approved leave, under such rules as the Board may adopt, and the member again becomes an employee within 4 months after such absence; or

2. The member again becomes an employee within 4 months after such cessation of employment; or

3. The member subsequently acquires 5 years of credited service, provided that if the member has withdrawn the member’s contributions the member repays them with interest at a rate determined by the Board.

d. Purchased service. — A member may elect to purchase (i) up to 5 years of credited service for full-time active duty in the Armed Services of the United States, and/or (ii) up to 5 years of credited service for full-time employment performed for another state, a political subdivision of another state or other service with the State for which the employee will not receive pensionable credit in another Delaware State Pension Plan, a county or municipality of the State, the federal government or an accredited private school or college, provided that the member pays into the Fund, on or before the date of issuance of the member’s first benefit check, a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits computed on the basis of actuarial assumptions approved by the Board and the member’s attained age and final average compensation. Any credited service purchased under this paragraph shall not be used to determine eligibility for benefits under this chapter.

e. Approved medical leave if the member subsequently accrues at least 1 year of credited service under paragraph (4)a. of this section and pays into the Fund prior to the issuance of his or her first pension check, contributions determined by multiplying the rates in effect at the time of payment for member contributions and employer contributions times the average of the 60 months of creditable compensation used to calculate the member’s pension benefit times the months or fractions thereof so credited. Any credited service purchased for medical leave shall not be used to determine eligibility for benefits under this chapter.

f. Approved sabbatical leave if the member pays into the Fund, prior to the issuance of his or her first pension check, contributions equal to the sum of the employee contributions and employer contributions which would have been made to the Fund during such periods of sabbatical leave, with the amount of such contributions to be determined in accordance with rules and regulations adopted by the Board.

g. Service as an employee before the date of affiliation with the Fund by the member’s employer, provided the actuarially-determined past service cost associated with such service is paid into the Fund on a schedule approved by the Board of Pension Trustees.

(5) “Employee” shall mean:

a. An individual who is employed on a full-time or annual basis or on a regular part-time basis, as the terms “full-time or annual basis” and “regular part-time basis” are defined in rules and regulations adopted by the Board, by an employer;

b. An elected or appointed official;

c. A person defined in paragraph (5)a. or b. of this section during the period he or she is on an approved medical or sabbatical leave;

d. A person who is a paid employee of a volunteer fire company or a volunteer ambulance company in Delaware; or

e. A person who is a paid nonstate employee of the Delaware State Housing Authority or of any of its subsidiaries.

(6) “Employer” shall mean a county or municipality, including state governmental subdivisions, Delaware State Housing Authority, volunteer ambulance companies, and volunteer fire companies, in Delaware which has affiliated with the Fund established by Chapter 55 of this title as provided in § 5555 of this title.

(7) “Final average compensation” shall mean 1/60 of the compensation paid to an employee during any period of 60 consecutive months or any 60 months comprised of 5 periods of 12 consecutive months in his or her years of credited service in which his or her compensation was highest.

(8) The clause “for which he or she is eligible under the Federal Social Security Act” [42 U.S.C. § 301 et seq.] shall mean the old age insurance benefit or the disability insurance benefit for which a member is or will be eligible by virtue of age and his or her wage credits under the Federal Social Security Act, based on his or her final average compensation and the Federal Social Security Act in effect when the member ceased to be an employee under this chapter and computed in accordance with rules and regulations approved by the Board, regardless of any other factors such as, without limitation, whether the member has made application for social security benefits or is subsequently employed.

(9) “Fund” shall mean the Fund established by § 5593 of this title.

(10) “Inactive member” shall mean a member who:

a. Has terminated service;

b. Is not eligible to begin receiving a service or disability pension; and

c. Has neither applied for nor received a refund of the member’s contributions.

(11) “Member” shall mean a person who is an employee on or after the date the employer affiliates with the Fund.

(12) “Retired member” shall mean a member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this chapter.
29 Del. C. § 7530 — Delaware Code / Title 29 / Chapter 75 / Section 7530
§ Â
        7530. Guaranteed energy cost savings contracts.
Status: in_force

School districts, notwithstanding any other provision of this Code, are authorized to enter into long term contracts known as “guaranteed energy cost savings.” They are empowered to use their annual Division II energy appropriations to cover the costs of the contract. All such contracts must contain provisions which allow termination of the contract by the district in the event of non-appropriation of sufficient identified funds to meet the terms of the contract. No additional State funds shall be available for this type of contract. Districts which enter into such an agreement, notwithstanding any change in regulations, shall be allowed to complete the contract using Division II energy appropriations. Where these contracts include hardware/material expenditures, such procurements will be subject to subchapter I of Chapter 69 of Title 29, whether the procurement is carried out by the district or vendor. In the event that the Division II energy appropriations are insufficient to meet the costs of the contract and energy used, districts shall be required to use other funds available to it for the costs exceeding the appropriations. The Division of Accounting is directed to assist school districts in implementing such contracts.
29 Del. C. § 6505 — Delaware Code / Title 29 / Chapter 65 / Section 6505
§ Â
        6505. Payment of appropriations; limitations.
Status: in_force

(a) The moneys appropriated in the Budget Appropriation Bill shall be paid by the State Treasurer from the General Fund except as otherwise provided by law.

(b) Nothing contained in Titles 14 and 31 shall be construed as authorizing appropriations or expenditures of General Fund moneys during any fiscal year in excess of or other than the amount set forth in the Budget Appropriation Bill or as may be authorized in supplementary appropriation acts enacted by the General Assembly.

(c) No funds appropriated by the Budget Appropriation Bill or otherwise available to an agency of this State shall be expended except for purposes necessary to carry out the functions of such agency; no funds shall be expended for purposes such as gratuities, greeting cards, flowers and tickets to athletic events when unrelated to the agency’s function; no funds shall be expended for parking tickets or other traffic violations; and the Secretary, Department of Finance, shall, in executing the Secretary’s duty under § 6518 of this title, refuse to approve any such expenditures. Any agency affected by this section shall have the right of appeal to the Budget Commission. No agency or school district shall use credit cards registered in the name of the employee, agency, school district or State which could create an obligation of the State, except:

(1) Contract credit cards authorized by the Secretary of Finance and distributed to state employees may be used for duly authorized travel expenses and purchases made by state agencies and school districts pursuant to policy and procedures as established by the Secretary of Finance;

(2) Telephone credit cards to approved employees, elected officials and public members of boards and commissions under a program established and administered by the Government Support Services, Office of Management and Budget, pursuant to policy and procedures as established by the Secretary of Finance; and

(3) Oil company credit cards having received prior approval by the Secretary of Finance.

(d) Moneys appropriated in a grant-in-aid bill shall be paid in installments of 25 percent each quarter of the fiscal year, in accordance with administrative procedures established by the Secretary of Finance and the Treasurer of the State; provided, however, in the event the line item amount appropriated in a grant-in-aid bill is $6,000 or less, such amount shall be paid on an annual basis. The General Assembly may make exceptions to the installment requirement by adding epilogue language to the grant-in-aid bill.
29 Del. C. § 7418 — Delaware Code / Title 29 / Chapter 74 / Section 7418
§ Â
        7418. Use of unexpended funds.
Status: in_force

Any funds borrowed pursuant to an authorization act, and remaining unencumbered after the completion or abandonment of a project authorized to be financed pursuant to such act, or because a project authorized to be financed by such act is not timely undertaken, or upon the expiration of the period set forth in § 7416 of this title, shall be deposited in a special fund and applied, with the approval of the issuing officers, to the cost of financing any previously authorized projects. The head of the department or agency to which such funds were appropriated for a project shall determine when such project is completed or abandoned.
29 Del. C. § 4401 — Delaware Code / Title 29 / Chapter 44 / Section 4401
§ Â
        4401. Poet Laureate.
Status: in_force

The Governor may appoint a Poet Laureate for Delaware to serve at the pleasure of the Governor. The Poet Laureate shall perform such duties as may be requested by the Governor or the Secretary of State or their designees.
29 Del. C. § 4326 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4326
§ Â
        4326. Notarial act under federal authority.
Status: in_force

(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by any of the following:

(1) A judge, clerk, or deputy clerk of a federal court.

(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.

(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas.

(4) Any other individual authorized by federal law to perform the notarial act.

(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of an officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act.
29 Del. C. § 5291 — Delaware Code / Title 29 / Chapter 52C / Section 5291
§ Â
        5291. Payment of premium or subscription charges.
Status: in_force

The participating employee shall pay all premium or subscription charges for the full cost of the supplemental insurance coverage policy, with no premium cost to the State.
29 Del. C. § 8926 — Delaware Code / Title 29 / Chapter 89 / Subchapter III / Section 8926
§ Â
        8926. Department Employee Education Assistance Fund.
Status: in_force

(a) Any employee of the Department holding a position classified at paygrade 15 or below may avail themselves of the provisions of this section to prepay the tuition costs for higher education related to their position.

(b) The classes will be 100% prepaid by the Department upon application to the Human Resources Director of the Department prior to commencement of classes at a college or university within the State for classes related to corrections, public safety, criminal justice, psychology, or sociology or related fields. Related fields include any courses necessary to complete a degree program in criminal justice, corrections, public safety, psychology, or sociology. Department employees who work in the food service, mechanical, or building trades and maintenance area are eligible for prepayment for classes that relate to their field or trade. The employee must maintain a C average or better in the classes taken to remain eligible for this program.

(c) (1) The Department shall take the funds appropriated for this section in each fiscal year and allocate them as follows:

a. 40% for the fall semester.

b. 40% for the spring semester.

c. 20% for the summer semester.

(2) The Department shall establish a deadline date for applying for said funds. If there are more applications than funds for any semester, then the funds shall be prorated between the applications. If there are fewer funding applications than funds available, the Department shall roll excess funds over to the next semester.

(d) An employee who has received funding under this section but who is terminated from the Department for cause prior to completion of current vouchered courses or who otherwise fails to comply with any requirement of this section immediately becomes ineligible to receive education benefits under this section and shall repay the Department for all tuition and fee funding previously extended to the employee, including interest, on a pro rata basis from the time of termination or noncompliance. The Commissioner shall adopt appropriate procedures to determine the amount of repayment and the method of collection due by the employee under this subsection. If an employee voluntarily leaves the Department prior to completion of funded courses, the employee will not be required to repay previously funded tuition but will have to repay the current quarter or semester’s tuition.
29 Del. C. § 6987 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6987
§ Â
        6987. Cooperative procurement.
Status: in_force

The Section may, with written approval by the Section director or the Section director’s designee, allow an agency to participate in, sponsor, conduct or administer a cooperative agreement for the procurement of professional services with 1 or more public procurement units either within this State, with or within another state, or with a consortium of other states in accordance with an agreement entered into between the participants. Such agreement may include material and/or nonprofessional services with professional services. The other provisions of this subchapter shall not apply when an agency participates in an existing cooperative agreement for the procurement of professional services with a contractor holding a current contract as part of such cooperative agreement.
29 Del. C. § 5814 — Delaware Code / Title 29 / Chapter 58 / Subchapter II / Section 5814
§ Â
        5814. Retention of reports.
Status: in_force

(a) The Commission shall keep the reports required by this subchapter on file for so long as the person submitting such report is a public officer of this State, as defined in § 5812 of this title, and for at least 5 years thereafter. All reports on file with agencies other than the Commission as of January 15, 1995, shall be transferred to the Commission by April 15, 1995.

(b) The reports filed pursuant to this subchapter shall be made available at reasonable hours for public inspection and copying pursuant to Chapter 100 of this title.
29 Del. C. § 10203 — Delaware Code / Title 29 / Chapter 102 / Section 10203
§ Â
        10203. Committee composition; chair and vice chair; appointment; quorum; reimbursement; hearings.
Status: repealed

(a) The Joint Legislative Oversight and Sunset Committee is composed of 5 members of the Senate appointed by the President Pro Tempore and 5 members of the House of Representatives appointed by the Speaker of the House of Representatives.

(1) Not more than 3 Senate appointees, nor 3 House appointees, may belong to the same political party.

(2) The committee chair and vice chair alternate each year between a Representative appointed by the Speaker of the House of Representatives and a Senator appointed by the President Pro Tempore of the Senate. During odd-numbered years, a Senator serves as chair and a Representative serves as vice chair; during even-numbered years, a Representative serves as chair and a Senator serves as vice chair.

(b) Committee members must be appointed in the first January of each General Assembly, or within 1 week of the organization of each respective house, whichever is later.

(c) Quorum. —

(1) A quorum consists of at least 6 committee members. A quorum must be present in order to transact business, except that a quorum is not required if the only business the Committee is transacting is to hear an entity under review give a presentation.

(2) A proposition is carried by a majority of the entire Committee, unless a statute or rule requires a larger number of affirmative votes. A vacancy on the Committee is not counted to determine the number of members needed to achieve a majority.

(3) [Repealed.]

(d) A member of the Committee is entitled to reimbursement from the appropriate funds of the member’s house for the expenses that the member actually and necessarily incurs in performing the duties of the Committee. A request for reimbursement must be approved by the committee chair.

(e) A member of the Joint Finance Committee or Legislative Council may not serve on the Committee. However, this subsection does not apply when the minority party in either house has less than 7 members.

(f) Except as provided by Committee rules or § 10209(d) of this title, each committee hearing is open to the public, but only committee members and persons the chair designates are permitted to speak or otherwise participate.
29 Del. C. § 5014 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5014
§ Â
        5014. Rights of appeals continued [Transferred].
Status: in_force

Transferred to § 8714A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 6601A — Delaware Code / Title 29 / Chapter 66A / Section 6601A
§ Â
        6601A. Short title.
Status: in_force

This chapter shall be known as the “Delaware Public Library Construction Assistance Act.”
29 Del. C. § 1908 — Delaware Code / Title 29 / Chapter 19 / Section 1908
§ Â
        1908. Waiver by majority.
Status: in_force

Each House may waive the requirements of this chapter as to any specific legislation pending before such House by a vote of the majority of all members elected to such House.
29 Del. C. § 5917 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5917
§ Â
        5917. Competitive recruitment.
Status: in_force

(a) The rules shall provide for open competitive recruitment to test the relative fitness of applicants for positions in the classified service. Such recruitment shall be announced publicly at least 7 days prior to the date for filing applications therefore and may be advertised through the press, radio and other media.

(b) The Secretary shall maintain a listing of those positions in the classified service that require the administration of a competitive examination. Examinations may be written or oral, or a combination of both, or they may be unassembled examinations, in which case the examining authority may evaluate specialized training and experience. Examinations shall be prepared by the Secretary, after consultation with the appointing authority where appropriate.
29 Del. C. § 4860 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4860
§ Â
        4860. Short title.
Status: in_force

This subchapter shall be known and may be cited as the “Delaware Interactive Fantasy Contests Act.”
29 Del. C. § 8748A — Delaware Code / Title 29 / Chapter 87A / Subchapter V / Section 8748A
§ Â
        8748A. Fund purposes.
Status: in_force

(a) The moneys appropriated to the Fund may be used by the Authority for loans up to 25 percent of the total debt required, but not to exceed $100,000 for working capital and fixed asset purposes.

(b) The moneys appropriated to the Fund may also be used to purchase credit enhancements on behalf of targeted businesses which shall support loans made by and/or through financial institutions to such targeted businesses. Credit enhancements purchased shall not exceed $100,000 and the credit enhancement amount purchased shall be determined by the Authority.

(c) The moneys appropriated to the Fund shall not be used for the following purposes:

(1) Grants;

(2) Restaurants and professional office buildings except in those targeted census tracts, defined in § 2020(1)d. of Title 30;

(3) Projects which do not attract or retain employment opportunities;

(4) Private, nonprofit activities; and

(5) Private or public speculative real estate ventures.
29 Del. C. § 7522 — Delaware Code / Title 29 / Chapter 75 / Section 7522
§ Â
        7522. Approval of bills.
Status: in_force

All bills for the expenses of the board of education of any school district for carrying out the school construction program of such school district under this chapter must be marked “approved,” and such approval must be signed by the president or vice-president of such board of education and attested by the secretary or acting secretary of such board of education. If such approval is countersigned by the superintendent of the school district or the superintendent’s authorized designee, any other signature on the approval may be a facsimile.
29 Del. C. § 9003D — Delaware Code / Title 29 / Chapter 90D / Section 9003D
§ Â
        9003D. General powers and duties.
Status: in_force

The Secretary of the Department of Human Resources 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 supervise and direct all human resources and benefits employees in executive branch agencies subject to terms and conditions of negotiated service level agreements with executive branch agencies.

(3) To appoint and fix the salary, with the written approval of the Governor, of the following administrators, 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 and shall be qualified by training and experience to perform the duties of the office:

a. A Deputy Secretary position in the Department.

b. A Director of Talent Management.

c. A Chief Diversity Officer.

d. A Director of Employee and Labor Relations.

e. A Director of Statewide Benefits and Insurance Coverage.

f. A Director of the Office of Women’s Advancement and Advocacy.

g. A Director of Classification/Compensation and Talent Acquisition.

h. A Director of Training and Human Resource Solutions.

(4) 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.

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

(6) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever they 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, with the specific requirement that all necessary legal services be provided pursuant to Chapter 25 of this title.

(7) To approve and sign all collective bargaining agreements on behalf of the State.

(8) To delegate any of the Secretary’s powers, duties or functions to an individual in paragraph (3) of this section, except the power to remove employees of the Department or to fix their compensation.

(9) 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.

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

(11) To adopt an official seal or seals for the Department;

(12) To accept and to receive, in furtherance of the Department’s function, funds, grants and services from the federal government or its agencies.

(13) To assume such other powers, duties and functions as the Governor may assign that are not otherwise inconsistent with the laws of this State.

(14) To prepare, in cooperation with the division directors, a proposed budget for the operation of the Department, to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly, with the provision that special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. § 8231 — Delaware Code / Title 29 / Chapter 82 / Section 8231
§ Â
        8231. Hazardous substance spill cleanup.
Status: repealed

(a) The Secretary of the Department of Safety and Homeland Security or the Secretary’s designee is permitted to expend any funds appropriated to the Department to contain or clean up a hazardous substance spill as defined by § 101(14) or § 102 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. § 9601(14)) [or 42 U.S.C. § 9602] and § 104 of the Hazardous Materials Transportation Act (49 U.S.C. App. § 1803 [repealed]) and duly adopted by the Commission on the Transportation of Hazardous Material. This shall apply to any or all hazardous material spills within the State to protect the citizens and environment. Costs incurred for such removal shall not be subject to Chapter 60 of this title.

(b) A Hazardous Substance Spill Cleanup Revolving Fund is hereby established for the purpose of providing the funds to undertake the emergency cleanup and necessary remedial measures. The Department of Natural Resources and Environmental Control shall be responsible under Chapter 63 of Title 7 for the assessment of any long-term environmental impact and conducting the necessary remedial action.

(c) All revenues recovered from the responsible party shall be retained by the Department of Safety and Homeland Security and placed in the Hazardous Substance Spill Cleanup Revolving Fund. Expenditures from the Fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act.

(d) The Governor, the Secretary of the Department of Finance, the Director of the Office of Management and Budget, the Joint Finance Committee of the General Assembly and the Controller General shall be kept informed of all costs incurred and reimbursements received under this section.
29 Del. C. § 5822 — Delaware Code / Title 29 / Chapter 58 / Subchapter III / Section 5822
§ Â
        5822. Governmental compensation policy on dual employment [Effective May 22, 2026].
Status: in_force

(a) The pay of an employee must be reduced on a prorated basis for any workday time missed due to service as an elected or appointed official.

(b) The immediate supervisor of an employee who is also an elected or appointed official shall verify a time record stating specifically the number of hours the elected or appointed official worked as an employee. The immediate supervisor shall conduct this verification at least once each pay period.

(c) An immediate supervisor who verifies a time record under subsection (b) of this section shall keep the verified time record until the record is requested by the State Auditor under § 5823 of this title.

(d) A state agency or political subdivision of this State that has an elected or appointed official as an employee may permit the elected or appointed official to make up time during hours other than the workday for purposes of compensation. The immediate supervisor of an employee who is also an elected or appointed official shall verify a time record stating specifically the number of hours the employee made up during hours other than during the workday.

(e) An elected or appointed official who is also an employee may use vacation, personal, or compensatory time to which the elected or appointed official is otherwise entitled to make up for missed workday time related to service as an elected or appointed official.

(f) This subchapter applies to a school administrator who is also an elected or appointed official. If a school administrator does not have an immediate supervisor, the school administrator’s time record must be verified by the school administrator’s school board at the school board’s next regular or special meeting.(a) Any person employed by the State, or by any political subdivision of the State, including but not limited to any county, city or municipality, who also serves in an elected or paid appointed position in state government or in the government of any political subdivision of the State, including but not limited to any county, city or municipality, shall have his or her pay reduced on a prorated basis for any hours or days missed during the course of the employee’s normal workday or during the course of the employee’s normal workweek while serving in an elected or paid appointed position which requires the employee to miss any time which is normally required of other employees in the same or similar positions.

(b) Any day an employee misses work due to his or her elected or paid appointed position, he or she shall have his or her immediate supervisor verify a time record stating specifically the number of hours worked that day; said verification to take place at least once every pay period.

(c) All time records, so verified, shall be kept by the immediate supervisor until such time as they are required by the State Auditor.

(d) No employee shall be permitted to make up time during hours other than the normal workday for purposes of compensation. A normal workday is defined by Merit Rule 5.0200. A standard work schedule is defined by Merit Rule 5.0210.

(e) Any hours or days during which an employee uses vacation, personal, or compensatory days to which he or she is entitled shall not constitute hours or days which fall within the scope of this subchapter.

(f) School administrators whose duties require that they work regularly during summer months shall not be exempted from this chapter. If a school administrator shall have no immediate supervisor, the school administrator’s time record shall be verified by the appropriate school board at its next regular or special meeting following any pay period in which said administrator missed work due to his or her elected or paid appointed position.
29 Del. C. § 5027 — Delaware Code / Title 29 / Chapter 50 / Subchapter I-B / Section 5027
§ Â
        5027. Findings and purpose; creation of the Fund [Transferred].
Status: in_force

Transferred to § 8727A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 7968 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7968
§ Â
        7968. Enforcement authority.
Status: in_force

The Department of Health and Social Services shall be responsible for enforcing the provisions of this subchapter.
29 Del. C. § 7950 — Delaware Code / Title 29 / Chapter 79 / Subchapter IV / Section 7950
§ Â
        7950. Emergency Housing Fund Administration Board.
Status: repealed

The Emergency Housing Fund Administration Board is authorized to promulgate regulations and procedures and administer all funds collected in the Emergency Housing Assistance Fund. The Board will consist of:

(1) An administrator appointed by the Secretary of the Department of Health and Social Services as specified in § 8603 [repealed] of this title. This administrator will act as Chairperson of the Board.

(2) Five Board members shall be appointed by the Secretary for staggered terms and shall be composed of persons who have demonstrated an interest in emergency housing.

(3) This Board will review proposals and allocate funds. The Board will be responsible for monitoring expenditures, authorizing the adjustment of funds and reallocating funds from 1 organization to another. In order to be eligible for these funds, an organization must:

a. Be a private, nonprofit agency operating within this State.

b. Have a generally accepted system of accounting and must conduct an annual audit.

c. Agree to submit to a programmatic review and financial audit of their program each year that funds are received.
29 Del. C. § 5072 — Delaware Code / Title 29 / Chapter 50 / Subchapter V / Section 5072
§ Â
        5072. Powers and duties [Transferred].
Status: in_force

Transferred to § 8772A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 6910 — Delaware Code / Title 29 / Chapter 69 / Subchapter II / Section 6910
§ Â
        6910. Applicability.
Status: in_force

(a) This subchapter shall apply to all covered agencies as defined in § 6902(6) of this title.

(b) Any organization, entity or person designated as the recipient of grant-in-aid shall be entitled to purchase material, nonprofessional services, or professional services under any central contract negotiated by the Section during the fiscal year for which aid is appropriated, provided that all of the following apply:

(1) The organization, entity, or person received an appropriation of at least $100,000.

(2) The organization, entity, or person has a staff of at least 5 people.

(c) Any bona fide nonprofit organization, entity, or person who is under contract with the State to provide goods or services shall be entitled to purchase materials, nonprofessional services, or professional services under any central contract negotiated by the Section during the fiscal year for which said nonprofit contract is in effect, provided that either of the following apply:

(1) The organization, entity, or person is a bona fide § 501(c)(3) [26 U.S.C. § 501(c)(3)] organization under the United States Internal Revenue Code.

(2) The organization, entity, or person is a member in good standing of the Delaware Alliance for Nonprofit Advancement or a Delaware registered nonprofit corporation.

(d) Any organization, entity, or person who is a participant in the Business Enterprise Program sanctioned by Division of the Visually Impaired (DVI) shall be entitled to purchase material, nonprofessional services, or professional services under any central contract negotiated by the Section, provided that the participant holds a valid license issued by DVI.

(e) Any municipality, political subdivision, or local government unit within the State shall be entitled to purchase material, nonprofessional services, or professional services under any central contract negotiated by the Section.
29 Del. C. § 4904 — Delaware Code / Title 29 / Chapter 49 / Section 4904
§ Â
        4904. Federal merit system standards.
Status: in_force

Notwithstanding any other provisions of this chapter, the Office is authorized and directed to take such action with respect to matters involving personnel as may be necessary to insure the continued eligibility of this State for grants-in-aid under any federal law or program.
29 Del. C. § 6088 — Delaware Code / Title 29 / Chapter 60D / Section 6088
§ Â
        6088. Penalties and other remedies; Class B misdemeanor.
Status: in_force

(a) License revocation and civil penalty. — In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that an affixing agent has violated § 6085(c) of this title or any regulation adopted pursuant to this chapter, the Department may revoke or suspend the license of the affixing agent in the manner provided by Chapter 53 of Title 30. Each stamp affixed and each sale or offer to sell cigarettes in violation of § 6085(c) of this title shall constitute a separate violation. For each violation hereof, the Department may also impose a civil penalty in an amount not to exceed the greater of 500% of the retail value of the cigarettes or $5,000 upon a determination of violation of § 6085(c) of this title or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided by Chapter 53 of Title 30.

(b) Contraband and seizure. — Any cigarettes that have been sold, offered for sale, or possessed for sale in this State in violation of § 6085(c) of this title shall be deemed contraband under § 5346 of Title 30 and such cigarettes shall be subject to seizure and forfeiture as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.

(c) Injunction. — The Attorney General may seek an injunction to restrain a threatened or actual violation of §§ 6085(c), 6087(a) or 6085(d) of this title by an affixing agent and to compel the affixing agent to comply with such subsections. In any action brought pursuant to this section, the State shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees.

(d) Unlawful sale and distribution. — It shall be unlawful for a person to:

(1) Sell or distribute cigarettes, or

(2) Acquire, hold, own, posses, transport, import or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of § 6085(c) of this title.

A violation of this section shall be a Class B misdemeanor.

(e) Unfair and deceptive trade practice. — A person who violates § 6085(c) of this title engages in an unfair and deceptive trade practice in violation of Chapter 25 of Title 6.
29 Del. C. § 4325 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4325
§ Â
        4325. Notarial act under authority of federally recognized Indian tribe.
Status: in_force

(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by any of the following:

(1) A notary public of the tribe.

(2) A judge, clerk, or deputy clerk of a court of the tribe.

(3) Any other individual authorized by the law of the tribe to perform the notarial act.

(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act.
29 Del. C. § 6989C — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6989C
§ Â
        6989C. Maximum practicable competition.
Status: in_force

All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the agency’s needs and shall not be unduly restrictive.
29 Del. C. § 6078 — Delaware Code / Title 29 / Chapter 60B / Section 6078
§ Â
        6078. Liberal construction of chapter.
Status: in_force

This chapter, being necessary for the prosperity and welfare of the State and its citizens, shall be construed liberally to effect the purposes of this chapter.
29 Del. C. § 5837 — Delaware Code / Title 29 / Chapter 58 / Subchapter IV / Section 5837
§ Â
        5837. Lobbying restrictions for a former member of the General Assembly.
Status: in_force

No person who served as a member of the General Assembly shall act as a lobbyist for compensation for a period of 1 year from the time such person is no longer serving in office. Any person who knowingly violates this section shall be guilty of an unclassified misdemeanor.
29 Del. C. § 4334 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4334
§ Â
        4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary public.
Status: in_force

(a) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including any of the following:

(1) Failure to comply with this chapter.

(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State.

(3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit.

(4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit.

(5) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, regulations adopted by the Secretary of State, or any federal or state law.

(6) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have.

(7) Violation by the notary public of a regulation adopted by the Secretary of State regarding a notary public.

(8) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state.

(9) A violation under § 4311(c) of this title.

(b) If the Governor denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with Chapter 101 of this title.

(c) The authority of the Governor to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
29 Del. C. § 7926 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7926
§ Â
        7926. Annual report.
Status: in_force

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. § 10126 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10126
§ Â
        10126. Proposed orders.
Status: in_force

(a) Whenever a subordinate presides over an informal conference or a formal hearing, the subordinate shall prepare a proposed order for the consideration of the agency which shall include:

(1) A brief summary of the evidence and recommended findings of fact based upon the evidence;

(2) Recommended conclusions of law; and

(3) Recommended decision.

(b) When the proposed order is submitted to the agency, a copy shall be delivered to each of the other parties who shall have 20 days to submit in writing to the agency exceptions, comments and arguments respecting the proposed order.
29 Del. C. § 7995 — Delaware Code / Title 29 / Chapter 79 / Subchapter IX / Section 7995
§ Â
        7995. Data collection and program reports.
Status: in_force

The program shall collect the following data for the Director and the Oversight Committee:

(1) Information on the number of participants served and the number of needles and syringes distributed;

(2) A demographic profile of the participants served, including but not limited to: age, sex, ethnicity, area of residence, types of drugs used, length of drug use, and frequency of injection;

(3) The number of participants entering drug counseling and treatment, and the number of referrals made by the program for drug counseling and treatment;

(4) Data on participants regarding HIV testing and other communicable disease testing, counseling, or other social services;

(5) Assessment of the impact of the program on needle and syringe sharing and other high risk behaviors;

(6) Impact on the transmission of HIV and hepatitis infection among injection drug users and their contacts;

(7) Other data as requested by the Director or Oversight Committee to assess the cost effectiveness and strengths and weaknesses of the program.
29 Del. C. § 3501 — Delaware Code / Title 29 / Chapter 35 / Section 3501
§ Â
        3501. Delaware Commission on Italian Heritage and Culture.
Status: in_force

(a) There is hereby established a Delaware Commission on Italian Heritage and Culture hereinafter referred to as the Commission. The Commission shall consist of 9 members, all of whom shall be American citizens descended from Italian ancestry and residents of the State as follows:

(1) Three members appointed by the Speaker of the House of Representatives, 1 each for a term of 1, 2 and 3 years;

(2) Three members appointed by the President Pro Tempore of the Senate, 1 each for a term of 1, 2 and 3 years; and

(3) Three members appointed by the Governor, 1 each for a term of 1, 2 and 3 years, 1 of whom shall be designated as Chair.

After the initial appointments, all terms shall be for 3 years.

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

(c) The Commission shall: establish, maintain and develop cultural ties between Italians and Italian-Americans; foster a special interest in the historical and cultural backgrounds of both groups, as well as in the economic, political, social, and artistic life of the countries involved; and help establish or promote Italian language programs in the schools of this State.

(d) This Commission shall fall under the authority of the Secretary of State and shall have such powers, duties and functions as hereinabove set forth and as may subsequently be assigned by the Secretary, and such other matters as may be referred to it by the Governor, the Secretary of State or the General Assembly.

(e) The Commission shall be given office space as established by the Secretary of State.

(f) A vacancy prior to the expiration of the term of a member of the Commission shall be filled for the remainder of the term.
29 Del. C. § 5611 — Delaware Code / Title 29 / Chapter 56 / Section 5611
§ Â
        5611. Adjustment of benefits under closed plan.
Status: in_force

(a) On and after July 1, 1972, no pension provided under the closed plan which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section.

(b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969, shall be the monthly pension rate paid in July, 1969.

(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.
29 Del. C. § 6335 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6335
§ Â
        6335. Changes in budget plan by Governor; submission of proposed budget and Budget Appropriation Bill to General Assembly.
Status: in_force

(a) (1) The Governor, upon receipt of the report of the Director of the Office of Management and Budget under § 6334 of this title, may make such changes in the report as the Governor may deem necessary or desirable in accordance with the Governor’s own best judgment and conclusion and shall submit the budget report as prepared by the Governor based upon the report of the Director of the Office of Management and Budget to each House of the General Assembly, on or before February 1 of each year.

(2) At the same time the Governor submits the proposed budget, the Governor shall submit copies of a tentative bill for all proposed appropriations for the budget, clearly itemized and properly classified for the ensuing fiscal year. This bill shall be known as the “Budget Appropriation Bill.”

(3) The Budget Appropriation Bill shall include the appropriations to the OPEB Fund required under § 5544(c)(2)a. and (c)(2)c. of this title. If a Budget Appropriation Bill does not include the appropriation to the OPEB Fund required under § 5544(c)(2)b. of this title, that appropriation must be made in a Supplementary Appropriation Bill under § 6339 of this title.

(4) The Budget Appropriation Bill submitted by the Governor must consider the Benchmark Appropriation and Budget Stabilization Fund requirements, as set forth in § 6533(i) through (l) of this title, unless the Governor deems any changes necessary or desirable, in accordance with the Governor’s own best judgement and conclusion, and detail the proposed plan for financing these requirements and measures, if any, in relation to state revenue or reserve funding under § 6533(i)(2) of this title. The Governor may explain in the budget report any changes from the Benchmark Appropriation and Budget Stabilization Fund requirements.

(b) The budget itself shall be in such form that it can readily be analyzed. The Budget Appropriation Bill, together with the Governor’s message and all data accompanying it, shall be a public document and shall be printed, duplicated or otherwise mechanically reproduced as soon as presented, and copies thereof shall be furnished to each member of the General Assembly, to each state agency and to all of the newspapers published in the State and it shall be given such other publicity as the Governor deems proper. All dollar amounts in the Budget Appropriation Bill shall be stated in thousands of dollars, rounded to the nearest $100.
29 Del. C. § 6930 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6930
§ Â
        6930. Right to audit records.
Status: in_force

An agency shall have the right to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract.
29 Del. C. § 4808 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4808
§ Â
        4808. Nonassignability of prizes.
Status: in_force

No right of any person to a prize or a portion of a prize shall be assignable; except that payment of any prize shall be made to the estate of a deceased prize winner; and except that any person pursuant to an appropriate judicial order may be paid the prize, or portion thereof, to which the winner is entitled. The Director shall be discharged of all further liability upon payment of a prize pursuant to this section.
29 Del. C. § 5051 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5051
§ Â
        5051. Findings; declaration of policy [Transferred].
Status: in_force

Transferred to § 8751A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 6529 — Delaware Code / Title 29 / Chapter 65 / Section 6529
§ Â
        6529. Control of agency expenditures.
Status: in_force

The Director of the Office of Management and Budget is hereby empowered and directed to exercise, subject to the approval of the Governor, such control over the monthly and/or quarterly rates of agency expenditures of funds appropriated to such agency as the Director of the Office of Management and Budget may deem necessary to assure the effective and continuous operation of the various agencies during the fiscal year. The authority of the Director of the Office of Management and Budget under this section shall apply to local and special school districts insofar as they administer funds supplied by the State, but not with regard to funds raised locally.
29 Del. C. § 5811 — Delaware Code / Title 29 / Chapter 58 / Subchapter II / Section 5811
§ Â
        5811. Findings.
Status: in_force

The General Assembly finds and declares that:

(1) In our democratic form of government, persons serving in state government hold positions of public trust which require rigorous adherence to the highest standards of honesty, integrity and impartiality.

(2) In order to insure propriety and preserve public trust, a public official or employee should refrain from acting in an official capacity on any matter wherein the employee or official has a direct or indirect personal financial interest that might reasonably be expected to impair objectivity or independence of judgment, and should avoid even the appearance of impropriety.

(3) A disclosure of the personal financial interests of public officials will serve to guard against conduct violative of this public trust and to restore the public’s faith and confidence in representatives of its government.
29 Del. C. § 9003 — Delaware Code / Title 29 / Chapter 90 / Section 9003
§ Â
        9003. Powers, duties, and functions.
Status: in_force

(a) The Department of Services for Children, Youth and Their Families has the following powers, duties, and functions:

(1) To provide to children, youth, and their families a comprehensive and effective statewide program of services for children and youth who have been committed to the Department or placed in the care of the Department by the Court, referred to the Department by parents, agencies, or other individuals, or who have otherwise voluntarily applied to the Department for services.

(2) To provide services to children, youth, and their families to prevent children and youth from becoming abused, neglected, dependent, and delinquent, as defined under existing law, and to prevent mental illness and emotional disorders among children and youth.

(3) a. To provide for a variety of facilities and services to children, youth, and their families which includes the following:

1. Protective services.

2. Preplacement, preventive services, and reunification services.

3. Home-based services.

4. Mental health outpatient services.

5. Drug and alcohol outpatient services.

6. Residential and institutional facilities.

7. Probation, aftercare, and follow-up services.

8. Adoption and permanent placement services.

9. Evaluation, diagnostic, and treatment services.

10. Foster care services.

11. Independent and transitional living services.

12. A continuum of residential mental health services, which includes inpatient psychiatric hospitalization for all children requiring such care, mental health residential treatment centers, and specialized mental health treatment services in other group-care facilities and foster homes.

b. The Division of Family Services will provide family preservation services to those families whose children are at imminent risk of out-of-home placement when it has determined that out-of-home placement can be avoided; provided, however, that the Division’s highest priority in cases of abuse and neglect where an investigation is required pursuant to § 906 of Title 16 is the health and safety of the child and nothing herein will prevent the Division from removing a child from the child’s home when it has determined that the child’s safety and well-being may be jeopardized by remaining in the family home.

(4) To prepare and maintain a written case plan for each child under its supervision or custody, which must include a description of the child’s needs, the care and treatment of the child, and any other services to be provided to the child and the child’s family; each case plan must be designed to achieve any placement of the child outside of the child’s home in the least restrictive setting available and in close proximity to the child’s home, consistent with the best interests and special needs of the child.

(5) To conduct a written review at least every 6 months of the case plan for each child under its supervision or custody for the purpose of determining whether the plan is appropriate.

(6) To develop a central case management system which provides coordinated information on client progress, including the client’s entry and exit from the system, assessment of the client’s needs, development and review of the case plan, and evaluation and monitoring of the client’s progress.

(7) To approve, license, and monitor foster homes to ensure appropriate care for children and youth in foster care.

(8) To supervise the provision of education in all facilities operated by the Department, with the Education Unit of the Department being considered a local education agency only for purposes of:

a. Any federal, state, or private loan forgiveness programs available to educators.

b. Any federal, state, or private competitive grant made available to, and awarded directly to, local education agencies, provided that any specific qualifying requirements are met.

c. Credits issued for youth who complete the requirements for credit-bearing courses provided through the Education Unit in the Department and credits for youth returning from placement by the Department.

(9) To monitor and evaluate all aspects of its service delivery system and document the need for or degree of compliance with standards, policies, and procedures adopted by the Department.

(10) To administer the Interstate Compact on Juveniles and the Interstate Compact on Child Placement.

(11) To establish, implement, and follow procedures and standards compatible with due process of law with respect to the removal of a child from the child’s home, a change in the placement of a child who is under the supervision or custody of the Department, and any other actions by the Department that may affect the legal rights of a child and the child’s family.

(12) To provide or contract with public and private agencies in this State and other states for facilities and services necessary to achieve the purposes of this chapter.

(13) To provide or contract for services designed to maintain or provide permanent homes for children who are in out-of-home care, through the provision of adoption services or, whenever feasible, reunification services for children and their families.

(14) To develop, administer, implement, and provide or contract a developmentally appropriate, comprehensive program that fully integrates transitional and independent living services such as financial stability, housing supports, medical, employment and training, education, and connection to resources and individuals, until age 23 and that will assist youth with their successful transition to adulthood, subject to appropriation.

(15) To develop and implement rules, regulations, standards, and policies governing the internal operation and administration of the Department and provision of services.

(16) To exercise the authority and power to administer protective, mental health, correctional, and probation services to children presently delegated by law to the Department of Health and Social Services, Division of Mental Health; Department of Correction, Bureau of Juvenile Correction; Family Court; and previously delegated by law to the Department of Health and Social Services, Division of Child Protective Services.

(17) To certify annually on January 31 to the Governor and the General Assembly that the mixing of adjudicated and nonadjudicated youths shall not take place in the Ferris School.

(18) Provide feminine hygiene products to youth at no cost in facilities maintained by the Department. For purposes of this paragraph, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle.

(19) To exercise all other powers necessary and proper for the discharge of its duties.

(20) Shall devise and adopt a body-worn camera policy that shall meet or exceed the standards established by the Police Officer Standards and Training Commission by regulation.

(b) (1) For purposes of this subsection, “conversion therapy” means any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. For purposes of this subsection, “conversion therapy” does not mean any of the following:

a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition.

b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual’s sexual orientation or gender identity.

c. Counseling that facilitates an individual’s coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual’s sexual orientation or gender identity.

(2) The Department may not engage in conversion therapy with a child or recommend that a child receive conversion therapy.
29 Del. C. § 8025 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8025
§ Â
        8025. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. § 9004A — Delaware Code / Title 29 / Chapter 90A / Section 9004A
§ Â
        9004A. Appropriation for expenses.
Status: in_force

The General Assembly may annually appropriate such sums as it may deem necessary for the payment of the salary of the Child Advocate, the assistants, and the staff, and for the payment of actual expenses incurred by the Office of Child Advocate.
29 Del. C. § 8504 — Delaware Code / Title 29 / Chapter 85 / Section 8504
§ Â
        8504. Office of Administration.
Status: in_force

(a) The Office of Administration is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting administrative services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 of Title 19.

(b) In addition to the foregoing, the Office of Administration shall administer and coordinate the record keeping, transportation, fiscal affairs, data processing, accounting, statistics, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and shall coordinate such general services and business administration with other departments, agencies and offices of the government of this State.
29 Del. C. § 7420 — Delaware Code / Title 29 / Chapter 74 / Section 7420
§ Â
        7420. Project restrictions.
Status: in_force

(a) All new construction and/or reconstruction of existing structures financed with the proceeds of bonds or notes shall comply with flood plain management requirements adopted by the municipality in which such structure is located pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. § 4011 et seq.), as amended, or successor acts. If any such structure is in a flood program nonparticipating municipality, then the State shall comply with the criteria set forth in Chapter 55 of Title 24 of the Code of Federal Regulations (24 C.F.R. § 55.1 et seq.) issued pursuant to the National Flood Insurance Act of 1968, as amended, or successor acts.

(b) All projects funded with the proceeds of bonds or notes shall be built to standards that are no less stringent than American Society of Heating, Refrigerating, and Air Conditioning Engineering, Inc., Standard 90-75, or successor standards.

(c) The restrictions imposed by this section shall be applicable to projects for which no expenditure has been made prior to July 12, 1979, unless such project has been made subject to the same restrictions by another act of the General Assembly or by contract.

(d) The department, agency or other body of the State to which proceeds of bonds or notes are appropriated shall require the inspection of buildings to be constructed, reconstructed or rehabilitated with the proceeds of bonds or notes, and, at the discretion of the Director of the Office of Management and Budget, shall require the inspection of other structures to be financed with the proceeds of such obligations excluding highways, roads and bridges. Proceeds of bonds or notes shall be allocated to provide for the cost of inspecting the projects to be financed with such funds. The portion of the total funds appropriated to the cost of any such inspection shall not exceed the following percentages of such total funds appropriated to the cost of such projects:

(1) Projects with a maximum cost in excess of $1,000,000 1½%

(2) Projects with a maximum cost of $1,000,000 or less 1¾%

(3) Reconstruction and renovation projects 1¾%

The department or agency of the State to which proceeds of bonds or notes are appropriated shall let contracts for such inspection. If the total maximum cost of a project is less than $50,000, the employment of an inspector shall be discretionary with the department, agency or other body to whom such funds are appropriated. If a department, agency or other body retains a construction manager, retention of an inspector shall be discretionary with the department, agency or other body regardless of the total maximum cost of the project. In contracting for the inspection of such projects, first preference shall be given to an experienced and able Delaware organization offering to provide such inspection services on a nonprofit, at-cost basis. Such contracts shall not be deemed public works contracts as defined in 54 Del. Laws, c. 106, as amended (Chapter 69 of this title, as amended). If no such organization is able or willing to perform such inspection services on such nonprofit, at-cost basis, then the contracts for such services may be let with profit-making organizations subject to 54 Del. Laws, c. 106, as amended (Chapter 69 of this title, as amended).
29 Del. C. § 4832 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4832
§ Â
        4832. Prohibition on employee gaming.
Status: in_force

It shall be unlawful for any key employee or gaming employee who is required to hold a license under this chapter to wager on table games or the video lottery in a video lottery facility in which such employee is employed. Violation of this section shall subject the violator to the imposition of a fine.
29 Del. C. § 405 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 405
§ Â
        405. Condemnation proceedings.
Status: in_force

Whenever the Office cannot agree with the owner of any of the lands and premises or easements which the Office is authorized to acquire for the State and which is desired by the Office for the purposes of this chapter, for the purchase thereof the Office may condemn such property as provided in Chapter 61 of Title 10.
29 Del. C. § 4001 — Delaware Code / Title 29 / Chapter 40 / Section 4001
§ Â
        4001. Delaware Commission on Irish Heritage and Culture; creation and purpose.
Status: in_force

The Delaware Commission on Irish Heritage and Culture (“Commission”) is created to establish, maintain, and develop cultural ties between the Irish people and Irish-Americans; foster a special interest in the historical and cultural backgrounds of both groups, as well as in the economic, political, social, and artistic life of the countries involved; and help study, establish, or promote programs or events that will provide appropriate awareness of the culture, history, heritage, and language of the Irish people and Irish-Americans.
29 Del. C. § 903 — Delaware Code / Title 29 / Chapter 9 / Section 903
§ Â
        903. Appointment and duties of Bill Clerks.
Status: in_force

(a) The Senate and the House of Representatives shall appoint a Bill Clerk for their respective House of the General Assembly.

(b) A Bill Clerk shall have general supervision over all bills and resolutions introduced at a session of the General Assembly. When a bill or resolution passes both Houses of the General Assembly, the Bill Clerks shall attach a parchment backing to the bill or resolution and initial and seal or stamp each page of the bill or resolution and present them to the President Pro Tempore of the Senate and the Speaker of the House of Representatives for their signatures. The Bill Clerks shall certify with the Secretary of the Senate and Clerk of the House, on the backing of the bill or resolution, that the bill or resolution is the same as that which passed both Houses, and the Bill Clerk of the House in which the bill or resolution was introduced shall then deliver the bill or resolution, with an engrossment under § 904(a) of this title, if necessary, to the Secretary of the Senate, for a Senate bill or resolution, or the Chief Clerk of the House, for a House bill or resolution.
29 Del. C. § 6937 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6937
§ Â
        6937. Purchase of native plants  [For application of this section, see 84 Del. Laws, c. 451, Â 3].
Status: in_force

(a) For purposes of this section:

(1) “Athletic field” means land that is used for athletic events and does not include land that is adjacent to the playing area.

(2) “Cultivar” means a genetic variant of a native species that enhances a particular trait and is maintained by propagation.

(3) “Golf course” means land that is used for playing the game of golf and does not include land that is adjacent to the playing area.

(4) “Historic” means a historic resource as defined in § 1803 of Title 30, a “certified historic property” as defined in § 1812 of Title 30, or property otherwise designated as historic on a landscape plan kept by an agency and available for public review.

(5) “Invasive plant” means a plant on the Invasive Plant List under § 2904 of Title 3.

(6) “Lawn” means an area of short, mown grass.

(7) “Native plant” or “native species” means a plant that occurs naturally in the eastern temperate forest ecoregion of the United States. “Native plant” includes any viable portion of a plant, including seeds.

(8) “Pasture” means land covered with grass and other low plants suitable for grazing animals.

(9) “Secretary” means the Secretary of the Department of Agriculture.

(b) (1) The Secretary shall adopt regulations that maintain a list of native plants that are generally available and appropriate for the needs of agencies.

(2) The Secretary shall adopt regulations under paragraph (b)(1) of this section with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission.

(c) (1) Except as provided under this section, an agency shall purchase only native plants in the development of new landscaped areas and in the rehabilitation of existing landscaped areas, including parks and landscaped areas surrounding buildings.

(2) An agency may also purchase any of the following:

a. A cultivar of a native species.

b. A hybrid of a native species, if the hybrid is a cross of 2 native species.

c. A wildlife habitat seed mix consisting of more than 75% native plant seed.

(d) If the plant is not an invasive plant, an agency may purchase a plant that is not allowed under subsection (c) of this section for any of the following purposes:

(1) Land purchased and managed as an historic property.

(2) Appropriate habitats for zoo animals.

(3) Agriculture, including crop fields, pastures, and fruit or vegetable gardens.

(4) Areas maintained as grass or turf, including lawns, athletic fields, golf courses, and a right-of-way along a road. Agencies are encouraged to minimize grass or turf areas and instead, use meadow areas and natural habitats.

(5) Botanical gardens.

(6) Plots used for ecological research.

(7) Flowering annuals and bulbs, within landscape beds.

(8) Any of the following, if approved by the Department of Natural Resources and Environmental Control or the Department of Agriculture:

a. Wildlife plantings for food or habitat.

b. Land where no plants allowed under subsection (c) of this section can thrive.

c. For trees, any of the following:

1. A lack of commercial availability.

2. Maintenance needs of the tree or property.

3. General safety, such as preventing tripping hazards from shallow spreading roots.

(e) (1) If an agency cannot purchase a plant under this section, the agency may not accept a donation of that plant.

(2) This section applies to plants purchased after December 31, 2025, and applies to both new landscaped areas and the rehabilitation of existing landscaped areas.

(3) Notwithstanding paragraph (e)(2) of this section, an agency may maintain plantings that cannot be purchased under this section if the planting was established before January 1, 2026.
29 Del. C. § 9030C — Delaware Code / Title 29 / Chapter 90C / Subchapter III / Section 9030C
§ Â
        9030C. Delaware Cyber Security Advisory Council
Status: in_force

(a) There is hereby established a Delaware Cyber Security Advisory Council hereinafter referred to as the “DCSAC.” The DCSAC shall consist of 17 members to include the following:

(1) State Chief Information Officer, who shall serve as chair;

(2) State Chief Security Officer;

(3) Secretary of the Delaware Department of Safety and Homeland Security;

(4) Director of the Delaware Emergency Management Agency;

(5) Adjutant General of the Delaware National Guard;

(6) President of the League of Local Governments;

(7) President of the Delaware State Chamber of Commerce;

(8) President of the Delaware Association of School Administrators;

(9) Director of Consumer Protection of the Department of Justice;

(10) Chief Justice of the Supreme Court;

(11) President of the Delaware Healthcare Association;

(12) Four private sector representatives appointed by the Governor; and

(13) Two representatives of Higher Education appointed by the Governor.

(b) Members serving by virtue of position may appoint a designee to serve.

(c) Members appointed by the Governor shall serve at the pleasure of the Governor.

(d) The duties of the DCSAC are to do all of the following:

(1) Facilitate cross-industry collaboration to share best practices and mitigate cyber security risks related to critical infrastructure and protected systems;

(2) Develop recommendations for improving the overall cyber security posture across all sectors in Delaware;

(3) Develop recommendations for increasing information sharing between all sectors in Delaware;

(4) Recommend resources and possible methods to accomplish the recommendations identified in paragraph (d)(3) of this section;

(5) Provide recommendations to the Office of the Governor regarding the interoperability of equipment, technologies, and software infrastructure related to the cyberattacks and cybersecurity;

(6) Identify and participate in appropriate federal, multistate, or private sector programs and efforts that support or complement its cybersecurity mission;

(7) Liaise with the National Cybersecurity and Communications Integration Center within the United States Department of Homeland Security, other state and federal agencies, and other public and private sector entities on issues relating to cybersecurity.

(e) The DCSAC may establish a subcommittee.

(1) The purpose and scope of the subcommittee will be the exchange of information about cybersecurity vulnerabilities and response plans with entities who do not wish to be publicly identified.

(2) The Chair of the DCSAC will chair the subcommittee.

(3) The subcommittee will include at least 3 members of the DCSAC.

(4) The subcommittee will provide updates to the DCSAC as determined by DCSAC.

(5) The records of the subcommittee, including its summary information, findings, and recommendations, are not public records or subject to public inspection, except if shared with DCSAC.

(6) This subcommittee is not a public body subject to Chapter 100 of this title.

(f) The Delaware Department of Technology and Information shall provide staff and fiscal support to the DCSAC as part of the Department’s ongoing responsibility.
29 Del. C. § 8719A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8719A
§ Â
        8719A. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. § 7966 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7966
§ Â
        7966. Notification of authorities.
Status: in_force

The sponsor or resident manager of each congregate housing facility shall be responsible for notifying the chief executive officer of the county or municipality in which the facility is located that it is, or intends to be, conducting such a facility and the location thereof.
29 Del. C. § 5005 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5005
§ Â
        5005. Delaware Economic Development Office â Powers, duties, and functions of Director [Transferred].
Status: in_force

Transferred to § 8705A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 6303A — Delaware Code / Title 29 / Chapter 63A / Section 6303A
§ Â
        6303A. General powers and duties.
Status: in_force

The Director of the Office of Management and Budget shall have the following powers, duties and functions:

(1) To audit, inspect and examine the accounts and the affairs of and the records of any agency of this State at such times as deemed expedient for the supervision of the budget and shall require all agencies to submit estimates showing the amounts and purposes of all anticipated expenditures to be made at the time or period in which such expenditures are to be made by an agency; such estimates of anticipated expenditures to be submitted in such form as the Director may prescribe;

(2) To require such fiscal reports, statements of balances on hand, estimates of receipts and information in any manner pertinent to the fiscal affairs of this State from the Secretary of Finance, Auditor of Accounts or any other agency of the State in such form as the Director shall prescribe for the purposes of this chapter;

(3) To design and install in any agency of this State such accounting records and procedures as shall be adequate for the control of the fiscal affairs of this State and require any agency of this State to follow and comply with the accounting procedures so designed;

(4) To report to the General Assembly and the Attorney General in writing any irregular, illegal or improper financial administration or transaction;

(5) To make recommendations to the General Assembly concerning the control of all state property and of accounts receivable and concerning a system of recording and accounting for the improvement and control of the fiscal practices and the adoption of a fiscal policy by the State;

(6) To consider and approve or disapprove transfers between appropriations contained in the budget as defined in this chapter and for which purpose it is provided that such transfers shall become effective only upon approval of the Director;

(7) To authorize, with the concurrence of the Controller General, special funds that are deemed necessary while the General Assembly is not in session, and until such time as legislation may be introduced at the next session of the General Assembly and acted upon;

(8) To prepare and administer the State’s program of public works and major capital improvement projects;

(9) To prepare, and from time to time revise, an inventory listing the State’s real property and facilities of all kinds;

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

(11) To appoint and fix the salary of, with the written approval of the Governor, the following administrators, who may be removed from office by the Director with the written approval of the Governor and who shall have such powers, duties and functions in the administration and operation of the Office as may be assigned by the Director:

a. A Management Services Administrator who shall be qualified by training and experience to perform the duties of the office.

b. A Facilities Management Administrator who shall be qualified by training and experience to perform the duties of the office.

c. A Government Support Services Administrator who shall be qualified by training and experience to perform the duties of the office.

d. An Administrator of Budget Development, Planning and Administration who shall be qualified by training and experience to perform the duties of the office.

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

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

(14) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever they shall be deemed by the Director necessary or desirable in the performance of the functions of the Office and whenever funds shall be available for such purpose, with the specific requirement that all necessary legal services be provided pursuant to Chapter 25 of this title;

(15) To delegate any of the Director’s powers, duties or functions to an individual in paragraph (11) of this section, except the power to remove employees of the Department or to fix their compensation;

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

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

(18) To adopt an official seal or seals for the Office;

(19) To accept and to receive, in furtherance of the Office’s function, funds, grants and services from the federal government or its agencies;

(20) To assume such other powers, duties and functions as the Governor may assign which are not otherwise inconsistent with the laws of this State;

(21) To prepare, in cooperation with the division directors, a proposed budget for the operation of the Office, to be submitted for the consideration of the Governor and the General Assembly. The Office shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly, with the provision that special funds may be used in accordance with approved programs, grants and appropriations;

(22) To administer and manage a statewide human resource information system, and upon implementation, serve as the administrator of all data and processes supported by the system throughout the State, including all government agencies, school districts, Delaware State University and Delaware Technical and Community College; and

(23) To be responsible for the clerical administration of all state pension funds. The Director of the Office of Management and Budget shall have the authority to recommend to the Governor such changes as may be desirable in the pension system for employees in the classified service.
29 Del. C. § 10007 — Delaware Code / Title 29 / Chapter 100 / Section 10007
§ Â
        10007. Education.
Status: in_force

(a) The Attorney General shall publish biennially a manual for FOIA coordinators. The Attorney General shall send the manual to each FOIA coordinator electronically and shall make the manual available on the Attorney General’s website. The Attorney General shall, at a minimum, include the following in the manual:

(1) An explanation of the duties and responsibilities of the FOIA coordinator;

(2) An explanation of the time frames included within this chapter, how to calculate these time frames, and the circumstances in which any of these time frames are tolled;

(3) An explanation of the power of the public body to charge fees for requests for public records;

(4) An explanation of the reasons for calling an executive session closed to the public pursuant to purposes listed in § 10004(b) of this title, including an explanation of the strategy session exception; and

(5) A summary of Delaware judicial opinions, Attorney General opinions, and other legal opinions issued in the preceding 2 years related to this chapter.

(b) The Attorney General shall hold annually a training seminar for FOIA coordinators that shall be open to the public and noticed in accordance with this chapter. The Attorney General shall send notice of the training to each FOIA coordinator and shall post notice of the training on the Attorney General’s website. The Attorney General shall, at a minimum, include the following in the training:

(1) The topics included in the manual pursuant to subsection (a) of this section;

(2) A discussion of best practices for responding to requests for public records; and

(3) A question and answer session.

(c) The Attorney General shall, in addition to any other publication method deemed appropriate by the Attorney General, maintain a website containing Attorney General opinions related to this chapter. The Attorney General shall include on the website a summary of the holding of each Attorney General opinion.

(d) Nothing in this section shall be construed as legal advice in contravention of § 2504(2) or § 2515 of this title.
29 Del. C. § 4602 — Delaware Code / Title 29 / Chapter 46 / Section 4602
§ Â
        4602. Appointment; representation of defendants.
Status: in_force

(a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represent, without charge, each indigent person who is under arrest or charged with a crime, under any of the following circumstances:

(1) The defendant requests it.

(2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject on the record the opportunity to be so represented.

(b) The determination of indigency shall be made by the Office of Defense Services. The representation will be without charge to the indigent person.

(c) Any person under the age of 18 arrested or charged with a crime or act of delinquency shall be automatically eligible for representation by the Office of Defense Services.
29 Del. C. § 9007A — Delaware Code / Title 29 / Chapter 90A / Section 9007A
§ Â
        9007A. Legal representation of children.
Status: in_force

(a) Purpose. — (1) The General Assembly has recognized the need to safeguard the welfare of abused, neglected and dependent children in this State. As such, it has charged the Office of the Child Advocate with ensuring legal representation in child welfare proceedings. To this end, the Office shall coordinate with the Family Court to implement and administer a program for representation of children. The Office may assist the other courts of this State as needed to coordinate legal representation of children.

(2) In determining whether to represent an abused, neglected or dependent child, or a child at risk of same, the Office may communicate with any child at issue and may have access to all information relating to that child and child’s family held or maintained by the Department or the Family Court.

(3) This section shall be liberally construed so that these purposes may be realized.

(b) Appointment. — (1) In the event that the court determines that a child is in DSCYF Custody pursuant to Chapter 25 of Title 13, the court shall sign an order appointing an attorney to represent the child. If a child is otherwise in need of legal representation in a child welfare proceeding, the Office may file a motion with the court requesting appointment, which shall be granted if the court determines it is in the best interests of the child. The court may also issue an order appointing an attorney sua sponte under this statute subject to the resources of the Office. That order shall impose all the duties, rights and responsibilities set forth in this section. Upon request from the Office or any party, the court may also appoint a Court Appointed Special Advocate volunteer to work in conjunction with the child’s attorney to accomplish the duties set forth in subsection (c) of this section. Upon entry of the order, the attorney and Court Appointed Special Advocate volunteer, if one is appointed, shall have the authority to review all documents and interview all pertinent persons having significant information relating to the child and the child’s life circumstances.

(2) The appointment shall last until the attorney or Court Appointed Special Advocate volunteer is released from responsibility by order of the court, or until his or her commitment to the court ends.

(3) Upon appointment of an attorney, the child shall be a party to any child welfare proceeding in which the child is the subject, and shall possess all the procedural and substantive rights of a party including those set forth in § 732 of Title 13.

(4) Upon presentation of the order of appointment, any agency, hospital, school, organization, division or department of the State, doctor, nurse or other health-care provider, treatment facility, psychologist, psychiatrist, police department or mental health clinic shall permit the attorney or Court Appointed Special Advocate volunteer to inspect and copy any records relating to the child and parents, and guardian or petitioner where the court deems appropriate, involved in the case of appointment without consent of the child, parents, guardian or petitioner. Release of mental health and substance use records shall comply with applicable federal law requiring consent or a court order.

(c) Duties and rights. — The attorney’s duty is to the child. The scope of the representation of the child is the child’s best interests. The attorney and the Court Appointed Special Advocate volunteer, in addition to other Office employees, contractors and volunteers shall have the duty of confidentiality to the child unless disclosure is necessary to protect the child. As such, the attorney or Court Appointed Special Advocate volunteer shall:

(1) Represent the best interests of the child in all child welfare proceedings, and explain to the child, taking into account the child’s ability to understand the proceedings, the duties of the attorney, the role of the Court Appointed Special Advocate volunteer, and the rights of the child set forth in § 2522 of Title 13, if the child is in DSCYF custody;

(2) Be trained by the Office of the Child Advocate or a course approved by the Office prior to representing any child before the court. The attorney or Court Appointed Special Advocate volunteer shall be required to participate in ongoing multidisciplinary training regarding child welfare.

(3) Be employed, contracted or an approved volunteer with the Office and shall be appointed by the court;

(4) Conduct an independent investigation of the circumstances of a case of appointment, which shall include but not be limited to interviews and/or observations of the child and relevant individuals, as well as a review of all relevant records and reports;

(5) Present evidence to the court in support of his or her position;

(6) Be provided with notice of every court proceeding and receive copies of every pleading;

(7) Participate in all depositions, negotiations, discovery, pretrial conferences, hearings and appeals;

(8) Have access to all records regarding the child and his or her family maintained by the Department;

(9) Monitor cases to which he or she is appointed to assure that the terms of the court’s orders are fulfilled and permanency for the child is achieved through reunification, adoption, permanent guardianship, guardianship, placement with a fit and willing relative, or alternatively, by another planned permanent living arrangement so long as the child is at least 16 years of age;

(10) Receive reasonable notice from the Division of changes in placement, school or any other change of circumstances affecting the child;

(11) Receive reasonable notice from the Division of any founded complaint involving:

a. The child, where the child is the alleged victim;

b. The residence in which the child lives; and/or

c. The home-based daycare which the child attends;

(12) Request a hearing before the court when the plan on behalf of the child is not implemented, is not meeting the child’s needs, or upon completion of a Division investigation;

(13) Request any appropriate relief from the court on behalf of the child;

(14) Appear, when appropriate, on behalf of a child before the Violent Crimes Compensation Board, to pursue a claim on behalf of the child, as set forth in Chapter 90 of Title 11; and

(15) Ascertain the wishes of the child, give appropriate weight to the child’s wishes understanding his or her age and emotional development, and make the child’s wishes known to the court. If the attorney concludes that the child’s wishes conflict with his or her position or the position of the Court Appointed Special Advocate volunteer, if one is appointed, he or she will make the child’s wishes known to the court, and notify the court of the conflict so the court can determine if a conflict exists. If the court determines a conflict exists, the court shall determine how to remedy the conflict such that the child’s best interests and wishes are represented.

(d) Criminal investigations and/or prosecutions. Notwithstanding any provision of this chapter to the contrary, the Office of the Child Advocate shall in no way intervene in any pending criminal investigation or prosecution, and shall provide no legal representation or advice to any suspect, defendant or respondent in any open criminal investigation or prosecution.
29 Del. C. § 844 — Delaware Code / Title 29 / Chapter 8 / Subchapter IV / Section 844
§ Â
        844. Designation of roadways.
Status: in_force

The term “avenue,” “boulevard,” “drive,” “highway,” “lane,” “parkway,” “place,” “road,” “route,” “street,” “turnpike” or any abbreviations thereof shall be used interchangeably so as to make the descriptions used in this chapter conform to maps currently in existence.
29 Del. C. § 901 — Delaware Code / Title 29 / Chapter 9 / Section 901
§ Â
        901. Altering, defacing, or concealing bills or acts; penalties.
Status: in_force

(a) (1) It is unlawful to wilfully do any of the following to an act passed by the General Assembly or a bill pending before a House of the General Assembly, a committee of a House of the General Assembly, or a joint committee of the General Assembly:

a. Add to.

b. Alter.

c. Deface.

d. Erase.

e. Obliterate.

f. Mutilate.

g. Blot.

h. Blur.

i. Steal.

j. Hide.

k. Conceal.

l. Destroy.

m. Misplace with the intent to conceal.

(2) A violation of paragraph (a)(1) of this section is a felony and is to be punished by a fine of not less than $100 nor more than $5,000 and costs of prosecution and imprisonment of not less than 1 year nor more than 10 years.

(b) For purposes of this section:

(1) “Act” means a bill that has been enacted under § 18 of Article III of the Delaware Constitution.

(2) “Bill pending” means a bill that is introduced but has not yet been enacted under § 18 of Article III of the Delaware Constitution.

(c) An alteration or amendment of an act passed by the General Assembly or a bill pending before a House of the General Assembly, a committee of a House of the General Assembly, or a joint committee of the General Assembly made in the regular course of proceedings, including under Chapter 2 of Title 1 and §§ 904 and 906 of this title, is not a violation of this section.

(d) This section does not prevent or limit a House of the General Assembly from punishing an individual who violates paragraph (a)(1) of this section for contempt according to parliamentary usage. A punishment for contempt by a House of the General Assembly does not prevent or limit a prosecution under this section.
29 Del. C. § 5953 — Delaware Code / Title 29 / Chapter 59 / Subchapter V / Section 5953
§ Â
        5953. Discrimination prohibited.
Status: in_force

(a) For purposes of this section:

(1) “Housing status” means as defined in § 204 of Title 19.

(2) “Military status” means status as any of the following:

a. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component thereof listed under 10 U.S.C. § 10101.

b. A “veteran” as defined in 38 U.S.C. § 101.

c. A “dependent” of a servicemember as defined in 50 U.S.C. § 3911.

(3) “Protective hairstyle” includes braids, locks, and twists.

(4) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(b) A person may not be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or be in any way favored or discriminated against with respect to employment in the classified service, because of political or religious opinions or affiliations, sexual orientation, gender identity, sex, military status, race, housing status, or any other basis protected under Chapter 7 of Title 19.

(c) The veterans’ and members’ preference in § 5935 of this title and any other distinction or differential treatment on the basis of military status that is allowed by Delaware law or regulation, federal law, or regulation, or government contract is not a violation of this section.
29 Del. C. § 8412 — Delaware Code / Title 29 / Chapter 84 / Section 8412
§ Â
        8412. Assumption of powers.
Status: in_force

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Highway Department and the Department of Transportation immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter.
29 Del. C. § 8737A — Delaware Code / Title 29 / Chapter 87A / Subchapter III / Section 8737A
§ Â
        8737A. Matching funds for federal Small Business Innovation Research Program.
Status: in_force

(a) The State may provide matching funds up to a maximum of the federal grant for Phase I if:

(1) A small business has won a Phase I award in the federal SBIR or STTR Programs;

(2) Such small business has submitted a proposal for a Phase II award;

(3) Such small business’ principal place of business is located in this State; and

(4) Such small business certifies that the research to be conducted will benefit the Delaware economy.

(b) The Council shall establish criteria and the Division shall administer the state matching funds.
29 Del. C. § 5553 — Delaware Code / Title 29 / Chapter 55A / Subchapter I / Section 5553
§ Â
        5553. Attachment and assignment of benefits.
Status: in_force

Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.
29 Del. C. § 204 — Delaware Code / Title 29 / Chapter 2 / Section 204
§ Â
        204. Publication of Delaware boundaries.
Status: in_force

The Director of the Division of Historical and Cultural Affairs is hereby directed to publish a small pamphlet setting forth in latitudes and longitudes, as currently determined by the United States Coast and Geodetic Survey, the boundaries of the State. In addition to other distribution, copies shall be sent to the Department of Natural Resources and Environmental Control, the State Department of Transportation, the Division of Legislative Services, and the Library of Congress.
29 Del. C. § 2314 — Delaware Code / Title 29 / Chapter 23 / Section 2314
§ Â
        2314. Printing and publication of laws; certification of costs.
Status: in_force

The Secretary of State shall publish and distribute the laws as required by §§ 902-910 of this title, and, the binding being done to the Secretary’s acceptance, shall certify the sum due therefor according to contract, stating the pages, price and all items of charge.
29 Del. C. § 9001A — Delaware Code / Title 29 / Chapter 90A / Section 9001A
§ Â
        9001A. Intent and purpose.
Status: in_force

The General Assembly hereby declares that the welfare of the children of this State shall be safeguarded by the establishment of an Office of the Child Advocate, with a Child Advocate who shall also serve as Executive Director of the Child Protection Accountability Commission. The Child Advocate shall be responsible for effectuating the purposes of the Commission. The Advocate shall also coordinate efforts on behalf of the children; work with advocacy groups; promote system reform; recommend changes in law, procedure and policy necessary to enhance the protection of Delaware’s children; and to implement and coordinate programs providing legal representation on behalf of a child, including the Court Appointed Special Advocate Program. In order to effectuate these goals, the Child Advocate shall be an attorney duly licensed to practice law in Delaware.
29 Del. C. § 5292 — Delaware Code / Title 29 / Chapter 52C / Section 5292
§ Â
        5292. Selection of the supplemental income benefits carrier.
Status: in_force

The carrier shall be licensed in Delaware, selected by a proper vote of the Committee, and have adequate servicing facilities to carry out the terms of the contract as awarded by the Committee. The selected carrier shall maintain a claims loss ratio of not less than 60%.
29 Del. C. § 5007 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5007
§ Â
        5007. Council on Development Finance [Transferred].
Status: in_force

Transferred to § 8707A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5126 — Delaware Code / Title 29 / Chapter 51 / Section 5126
§ Â
        5126. Compassionate leave.
Status: in_force

(a) For purposes of this section:

(1) “Immediate family” means the employee’s spouse or domestic partner; parent, stepparent or child of the employee, spouse or domestic partner; employee’s grandparent or grandchild; employee’s sibling; or any minor child for whom the employee has assumed and carried out parental responsibilities.

(2) “State employee” means any benefit-eligible full-time or part-time employee of the State hired to work 30 or more hours. “State employee” does not include casual seasonal employees as defined by § 5903(17)a. of this title, or an individual in an equivalent casual seasonal position with an employer covered by State employee benefits.

(b) Upon the death of an immediate family member, a state employee shall be granted 37.5 hours (37.5 hour weekly schedule) or 40 hours (40-hour weekly schedule) leave with pay, or on a pro-rata basis for part-time Delaware state employees.

(c) An employee requesting leave under this section must supply supporting documentation if requested.

(d) An employee may request approval for a person not specified as immediate family under subsection (a)(1) of this section.
29 Del. C. § 9309 — Delaware Code / Title 29 / Chapter 93 / Section 9309
§ Â
        9309. Administration.
Status: in_force

In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the agency may enter into contracts with any individual, firm, association or corporation for services in connection with those programs or may carry out its functions under this chapter through any federal agency or any department or instrumentality of the State or its political subdivisions having an established organization for conducting relocation assistance programs.
29 Del. C. § 8509 — Delaware Code / Title 29 / Chapter 85 / Section 8509
§ Â
        8509. Unemployment Insurance Appeal Board.
Status: in_force

(a) The Employment Security Commission of Delaware, created by Chapter 31 of Title 19, is renamed the Unemployment Insurance Appeal Board and continued as a review board.

(b) Except as otherwise provided in § 8508(b) of this title, the Unemployment Insurance Appeal Board is vested with the membership, remuneration, organization, powers, duties and functions heretofore vested in the Employment Security Commission in its capacity as a review board, with the power to hear appeals from the decisions of appeal tribunals as that power heretofore existed respecting decisions of appeal tribunals pursuant to Chapters 31 and 33 of Title 19. The right of appeal from determinations of the Employment Security Commission heretofore existing pursuant to law is continued respecting appeals from determinations of the Unemployment Insurance Appeal Board.
29 Del. C. § 10607 — Delaware Code / Title 29 / Chapter 106 / Section 10607
§ Â
        10607. Regulations [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

The Department of Justice may adopt regulations to implement this chapter.
29 Del. C. § 6989A — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6989A
§ Â
        6989A. Failure to comply with contract.
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 may terminate the contract and proceed to award a new contract in accordance with this subchapter or the agency may require the surety on the performance bond to complete the contract in accordance with the terms of the performance bond. Nothing herein shall preclude the agency from pursuing additional remedies as otherwise provided by law.
29 Del. C. § 6437 — Delaware Code / Title 29 / Chapter 64 / Section 6437
§ Â
        6437. Department of Natural Resources and Environmental Control.
Status: in_force

The Division of Fish and Wildlife is authorized to establish, maintain and administer:

(1) An interest-bearing, nonappropriated special fund known as the Delaware Marsh Management and Maintenance Trust, as allowed by conditions of the DNREC/PSE&G Settlement Agreement of March 23, 1995, and further allowed by the subsequent Settlement Agreement of June 24, 2001. The interest income from this trust account will be dedicated to implement the Settlement Agreement’s provisions to enhance or restore tidal wetlands habitats for coastal fish and wildlife resources along Delaware Bay and River in Delaware, and to maintain such tidal wetlands habitat enhancements or restoration in perpetuity, as partial compensation for natural resource losses caused by past, ongoing and future operation of the PSE&G Salem Nuclear Generating Station.

(2) A nonappropriated special fund for administration of the dedicated interest earned on the fund established above, with said dedicated interest to be expended to help support or implement compensatory tidal wetlands habitat enhancements or restorations and associated maintenance activities referred to in paragraph (1) of this section.
29 Del. C. § 603 — Delaware Code / Title 29 / Chapter 6 / Section 603
§ Â
        603. Identification of state vehicles.
Status: in_force

All state-owned boats and motor vehicles shall bear prominent identification, at least on the rear thereof, identifying such vehicles as state-owned vehicles. Exceptions are the Governor’s car, vehicles of the State Police, state detectives, enforcement vehicles of the Department of Natural Resources and Environmental Control operated by environmental protection officers, Alcoholic Beverage Control Commission and certain special use vehicles operated by the Division of Adult Corrections, the Division of Juvenile Corrections, State Fire Marshal’s Office and the Controlled Substances Program of the Department of Health and Social Services.
29 Del. C. § 7914A — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7914A
§ Â
        7914A. The Governorâs Commission on Community and Volunteer Services.
Status: in_force

(a) Establishment and purpose. —

The Governor’s Commission on Community and Volunteer Services (“Commission”) is established and serves in an advisory capacity to the Administrator of the State Office of Volunteerism (“Administrator”). The purpose of the Commission is to enrich lives and communities in Delaware by advocating service and volunteerism.

(b) Duties. —

(1) The Commission shall consider matters relating to volunteer services in this State and any other matter that the Governor, the Secretary of the Department of Health and Social Services (“Secretary”), the Director of the Division of State Service Centers (“Director”), or the Administrator of the State Office of Volunteerism (“Administrator”) may refer to it.

(2) The Commission shall perform the duties required of state commissions on national and community service under the National and Community Service Act of 1990, as amended (42 U.S.C. § 12638(e)).

(3) The Commission may study, research, plan, and advise the Governor, Secretary, Director, and Administrator on matters the Commission deems appropriate to enable the State Office of Volunteerism to function in the best possible manner.

(c) Commission members. —

The Commission is composed of 15 to 25 voting members, as follows:

(1) Required members. —

Not less than 10 nor more than 22 individuals representing the broad diversity of this State, including members from the public sector, the private nonprofit sector, and the business community. The Governor appoints each member under this paragraph (c)(1), except for the Secretary of the Department of Education, who is a member by virtue of position. At least 10 of the members under this paragraph (c)(1) must meet the requirements of 42 U.S.C. § 12638(c)(1) and (2) of the National and Community Service Act of 1990, as amended, as follows:

a. An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth.

b. An individual with experience in promoting the involvement of older adults in service and volunteerism.

c. A representative of community-based agencies or community-based organizations within this State.

d. The Secretary of the Department of Education, who serves by virtue of position.

e. A representative of local governments in this State.

f. A representative of local labor organizations in this State.

g. A representative of business.

h. An individual between the ages of 16 and 25 years who is a participant or supervisor in a program.

i. A representative of a national service program described in 42 U.S.C. § 12572(a), (b), or (c).

j. A representative of the volunteer sector.

(2) Sources of other voting members. —

The Governor shall appoint 1 representative each from up to 3 committees that serves in an advisory capacity to a volunteer program that the State Office of Volunteerism directly administers. When possible, appointments under this paragraph (c)(2) should be made from any of the following sources:

a. Local educators.

b. Experts in the delivery of human, educational, environmental, or public safety services to communities or individuals.

c. Native American tribes.

d. Out-of-school youth or other at-risk youth.

e. Entities that receive assistance under the Domestic Volunteer Service Act (42 U.S.C. § 4950 et seq.).

(3) The Commission’s Executive Director is a nonvoting member and serves by virtue of position.

(d) Governor appointments. —

A member that the Governor appoints serves for a period of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in Commission proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that the members’ terms expire on a staggered basis. The Governor shall fill a vacancy on the Commission for the balance of the unexpired term. A member is eligible for reappointment to no more than 2 additional consecutive terms.

(e) A Commission member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.

(f) The Commission shall elect a chair from among its members. A member may serve as chair for a term of 1 year and is eligible for reelection as chair not more than 2 additional consecutive terms.

(g) The Governor may remove a Governor-appointed Commission member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member has an unexcused absence from either 3 consecutive meetings or 4 out of 12 consecutive meetings. The Governor may consider the member to have resigned and may accept the member’s resignation.

(h) Quorum. —

The number of members who must be present at a Commission meeting in order to have a quorum and conduct official business is the majority of members. A vacancy on the Commission is not counted for quorum.

(i) Staffing. —

The State Office of Volunteerism of the Division of State Service Centers shall provide reasonable staff support to assist the Commission in performing its duties under this section.

(j) Executive Director. —

The Administrator serves as the Commission’s Executive Director. The Executive Director is responsible for the active direction and management of the Commission’s business and affairs.

(1) The Executive Director’s duties include all of the following:

a. Preparing each federal or state application, funding report, or reporting document.

b. Supervising Commission staff.

c. Providing staff support to each Commission committee.

d. Serving as liaison to each Commission-funded program.

e. Monitoring grantee compliance and progress.

f. Other duties as the Commission may assign to the Executive Director.

(2) The Executive Director may represent the Commission and manage the Commission’s day-to-day business.

(3) The Executive Director may delegate the Executive Director’s duties to other Commission staff.

(4) Commission members shall participate in the selection process for hiring the Executive Director.
29 Del. C. § 8233 — Delaware Code / Title 29 / Chapter 82 / Section 8233
§ Â
        8233. Division of Capitol Police.
Status: in_force

The Division of Capitol Police is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of Capitol Police, pursuant to Chapter 82 of Title 11.
29 Del. C. § 3101 — Delaware Code / Title 29 / Chapter 31 / Section 3101
§ Â
        3101. Creation and membership.
Status: in_force

(a) Recognizing that promoting global sustainability, which focuses on the long-term impacts of actions and policies on the environment, people, and communities, the General Assembly hereby establishes the Sustainable Delaware Commission. The Commission shall adopt a mission and goals to make the State sustainable in at least 2 respects: as an employer and entity, and in creating the infrastructure in Delaware to support voluntary sustainability among Delaware entities. The General Assembly further recognizes the role that sustainability initiatives can play in improving communities throughout Delaware in addition to serving as a tool for economic development. The Commission shall research opportunities for sustainable policies and practices that improve community services, including those that cross service areas (such as transportations, land use, education, health, labor force development, and environmental quality) and require coordination and collaboration across levels of government and across public, private and nonprofit institutions.

(b) The Commission shall consist of the following members or their designees:

(1) The Secretary of Transportation;

(2) The Secretary of the Department of Natural Resources and Environmental Control;

(3) The Secretary of Human Resources;

(4) The Director of the Office of Management and Budget;

(5) The Secretary of State;

(6) The Controller General;

(7) Two members of the Senate, 1 from each caucus, appointed by the President Pro Tempore;

(8) Two members of the House, 1 from each caucus, appointed by the Speaker of the House;

(9) The President of the University of Delaware;

(10) The President of Delaware State University;

(11) The President of Delaware Technical and Community College;

(12) The Mayor of the City of Wilmington; and

(13) Six business and community leaders appointed by the Governor.

(c) The Commission shall have a Chair and Vice Chair appointed by the Governor from among the members of the Commission. The Commission may appoint subcommittees and work groups to address areas of focus that include experts and stakeholders who may not be members of the Commission.
29 Del. C. § 4323 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4323
§ Â
        4323. Notarial act in this State.
Status: in_force

(a) A notarial act may be performed in this State by any of the following:

(1) A notary public of this State.

(2) A judge, clerk, or deputy clerk of a court of this State.

(3) An individual licensed to practice law in this State.

(4) An individual authorized by law of this State to administer oaths.

(5) Any other individual authorized to perform the specific act by the law of this State.

(b) The signature and title of an individual performing a notarial act in this State are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of a notarial officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act.
29 Del. C. § 6312 — Delaware Code / Title 29 / Chapter 63 / Subchapter II / Section 6312
§ Â
        6312. Organization; powers and duties.
Status: in_force

(a) The Governor shall be the Chairperson of the Budget Commission. The Budget Commission shall meet upon the call of the Chairperson to review for approval agency requests presented to the Commission as prescribed by the laws of this State.

(b) The Director of the Office of Management and Budget shall serve as the Secretary of the Budget Commission. In said capacity the Director of the Office of Management and Budget shall:

(1) Attend all meetings of the Budget Commission and keep, or cause to be kept a true and complete record of the proceedings of such meetings.

(2) Keep correct and complete records of account, showing accurately at all times the financial condition of the Budget Commission.

(3) Sign all minutes, contracts, agreements and other documents approved by the Budget Commission except in those instances wherein the Chairperson of the Budget Commission signs those documents.

(c) The Budget Commission shall advise the Governor and the Director of the Office of Management and Budget concerning all of the powers and duties vested in the office of the Director of the Office of Management and Budget, specifically including the preparation of the proposed budget as set forth in §§ 6333 and 6334 of this title.
29 Del. C. § 2505 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2505
§ Â
        2505. Chief Deputy, State Solicitor, State Prosecutor, assistants, special assistants and law clerks.
Status: in_force

(a) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be the Chief Deputy Attorney General and who shall have such powers, duties and responsibilities as designated by the Attorney General and shall serve on a full-time basis. In the event that the office of Attorney General becomes vacant, or should the Attorney General be unable to discharge the powers and duties of the office due to illness or incapacitation, the Chief Deputy Attorney General shall discharge the powers and duties of the Attorney General for a period not to exceed 90 days or until the Governor appoints a successor, whichever occurs first.

(b) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Solicitor, who shall serve on a full-time basis under the direct control of the Attorney General. The State Solicitor shall be responsible for all civil actions and matters wherein the State or its agencies or subdivisions are involved and shall have such powers and duties as the Attorney General shall designate.

(c) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Prosecutor and who shall serve on a full-time basis under the direct control of the Attorney General. The State Prosecutor shall be responsible for the prosecution of all criminal matters and shall have such powers and duties as the Attorney General shall designate.

(d) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, persons, authorized by rule of the State Supreme Court to practice law in the courts of this State, to be assistants or special assistants, who shall have such powers, duties and responsibilities as designated by the Attorney General.

(e) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, law clerks, who shall have such powers, duties and responsibilities as the Attorney General shall designate.

(f) The Attorney General may assign an assistant or special assistant to serve in any legal capacity in or for any office, department, board, agency, commission or instrumentality of the state government on a part-time or full-time basis whenever, in the judgment of the Attorney General, such assignment will contribute to the efficiency of the operation of such office, department, board, agency, commission or instrumentality; but such assistant shall remain under the supervision and control of the Attorney General while so serving.

(g) The powers of all assistants shall be statewide.

(h) The Attorney General shall devote full time to the office and shall not practice law for the term to which the Attorney General is elected. The Attorney General shall determine whether any assistants other than those designated as full time in this section shall be excluded from the practice of law. The salaries of the Chief Deputy and assistants shall be as fixed by the Attorney General within the appropriations made to the State Department of Justice and the limitations of § 2506 of this title.

(i) The Attorney General may appoint persons authorized by rule of the State Supreme Court to practice law in this State, in addition to those authorized by appropriations to the Department to be assistants and special assistants, to be compensated from federal funds and funds other than those funds appropriated to the State Department of Justice, to have such powers, duties and responsibilities as designated by the Attorney General. The tenure provisions of § 2511 of this title, however, shall not apply to such assistants and special assistants and the State shall not be obligated to continue their employment when or in the event such federal funds or such other funds are no longer available to pay their salaries.

(j) The Attorney General may appoint from the practicing members of the Bar of this State all of the following who shall serve on a full-time basis under the direct control of the Attorney General and have such responsibilities, powers and duties as the Attorney General shall designate:

(1) A lawyer resident in this State who shall be designated as the Chief Prosecutor of a particular county.

(2) A lawyer who shall be designated head or assistant head of any Division of the State Department of Justice.

(k) The Attorney General shall ensure that any assistant or special assistant regularly assigned to the prosecution of criminal or delinquency cases alleging a sexual offense as that term is defined in § 761 of Title 11, including all lawyers assigned to the Sex Crimes Unit, shall receive at least 4 hours every 3 years of specialized training in the prosecution of sexual assault. Such evidence-based training shall be victim-centered and trauma-informed, and shall include education on mandatory reporting requirements under state and federal law, and shall be provided by the National College of District Attorneys or any other appropriate organization approved by the Attorney General.
29 Del. C. § 6098 — Delaware Code / Title 29 / Chapter 60E / Section 6098
§ Â
        6098. Penalties.
Status: in_force

If an applicant knowingly submits false information or commits fraud in connection with the application process, the Council may reevaluate the applicant’s eligibility for an award and may withdraw an award. Any award made as the result of deliberate fraud may be recovered by the State through an action at law.
29 Del. C. § 10129 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10129
§ Â
        10129. Ex parte consultations.
Status: in_force

No member or employee of an agency assigned to participate in any way in the rendering of a case decision shall discuss or communicate, directly or indirectly, respecting any issue of fact or law with any person or party, except upon notice to and opportunity for all parties to participate. This section shall not apply to communications required for the disposition of ex parte matters authorized by law or to communications by and among members of an agency, the agency’s staff and the agency’s attorney.
29 Del. C. § 8059A — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8059A
§ Â
        8059A. Delaware Energy Fund [Expires effective July 16, 2028, pursuant to 85 Del. Laws, c. 81, Â 5].
Status: in_force

(a) The Delaware Energy Fund is established and shall be administered by the Sustainable Energy Utility (SEU).

(b) The Delaware Energy Fund will provide financial assistance for energy costs to residents of the State whose household income is below 350% of the federal poverty level, provided, however, that any resident qualifying for the Low Income Home Energy Assistance Program (LIHEAP) will be directed to participate in LIHEAP if funding is available. In that case, administrators of the Delaware Energy Fund shall redirect the application of any individual or family who would qualify for assistance from LIHEAP to the Department of Health and Social Services.

(c) Recipients of assistance from the Delaware Energy Fund must be required to participate in energy savings and efficiency programs offered by the SEU.

(d) A grant of assistance under this section to a qualified applicant may be made only once per application. A second or subsequent grant may be made to the same applicant where funds are available, but the applicant must submit a second or subsequent application showing continued eligibility.

(e) The SEU shall annually provide a report on the receipt and distribution of moneys in the Delaware Energy Fund to all of the following:

(1) The Chief Clerk of the House of Representatives for distribution to all members.

(2) The Secretary of the Senate for distribution to all members.

(3) The Governor.

(4) The Director and Librarian of the Office of Legislative Services.

(f) The SEU may promulgate rules and regulations necessary for the operation of the Delaware Energy Fund.

(g) A corporation or other person may contribute to the Delaware Energy Fund or contribute to the SEU directly in furtherance of the purposes of this section. A contribution from a corporation or other nongovernmental source may be restricted under an agreement with the contributor. In the case of a utility that makes a contribution to the Delaware Energy Fund, the use of those funds will be limited for the benefit of customers of the contributing utility who are eligible for assistance under this section.
29 Del. C. § 2107 — Delaware Code / Title 29 / Chapter 21 / Section 2107
§ Â
        2107. Motherâs Day proclamation.
Status: in_force

The Governor may issue annually a proclamation calling upon the state officials to display the United States flag on all state and school buildings and the people of the State to display the flag at their homes, lodges, churches and places of business and other suitable places on the second Sunday in May, known as Mother’s Day, founded by Anna Jarvis, as a public expression of love and reverence for the mothers of our State and the women serving it and as an inspiration for better homes and closer ties between them and the State.
29 Del. C. § 1706 — Delaware Code / Title 29 / Chapter 17 / Section 1706
§ Â
        1706. Contingent method of designating emergency interim successors.
Status: in_force

(a) Before an emergency event, if a member fails to designate the required minimum number of emergency interim successors within 30 days of the member’s taking of the oath of office, or, after such period, if for any reason the number of emergency interim successors for any member falls below the required minimum and remains below such minimum for a period of 30 days, then the required minimum number of emergency interim successors must be designated under the following procedures:

(1) The President Pro Tempore of the Senate shall designate as many emergency interim successors for the members of the majority party in the Senate as are required to achieve such minimum number.

(2) The Minority Leader of the Senate shall designate as many emergency interim successors for the members of the minority party in the Senate as are required to achieve such minimum number.

(3) The Speaker of the House of Representatives shall designate as many emergency interim successors for the members of the majority party in the House of Representatives as are required to achieve such minimum number.

(4) The Minority Leader of the House of Representatives shall designate as many emergency interim successors for the members of the minority party in the House of Representatives as are required to achieve such minimum number.

(b) The President Pro Tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives may not assign to any of their designees a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a member for succession to the member’s own powers and duties.

(c) (1) Each emergency interim successor designated under subsection (a) of this section serves at the pleasure of the individual designating the successor.

(2) Notwithstanding paragraph (c)(1) of this section, the member for whom the emergency interim successor is designated may change the rank in order of succession, or replace at the member’s pleasure, any emergency interim successor designated under subsection (a) of this section.
29 Del. C. § 10128 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10128
§ Â
        10128. Decision; final order.
Status: in_force

(a) The agency shall make its decision based upon the entire record of the case and upon the summaries and recommendations of its subordinates.

(b) Every case decision of any agency shall be incorporated in a final order which shall include, where appropriate:

(1) A brief summary of the evidence;

(2) Findings of fact based upon the evidence;

(3) Conclusions of law;

(4) Any other conclusions required by law of the agency; and

(5) A concise statement of the agency’s determination or action on the case.

(c) Every final order shall be authenticated by the signatures of at least a quorum of all agency members, unless otherwise provided by law.

(d) Every final order shall immediately be mailed or delivered to each party and each other person requesting it.

(e) Every final order may be amended or modified by the same procedure used for the initial adoption of the order.

(f) When any professional licensing board or commission governed by Title 23, 24, or 28, and listed in § 10161(a) of this title, orders, at the conclusion of a hearing, that a license shall be revoked or suspended, the revocation or suspension shall be effective immediately. A written order, pursuant to this section, shall be served no later than 30 days after the hearing date.

(g) When any professional licensing board or commission governed by Title 23, 24, or 28, and listed in § 10161(a) of this title reaches its conclusions of law and determines an appropriate disciplinary action, if any, the Board or Commission shall issue a written decision and order in accordance with this section. However, notwithstanding the provisions of subsection (c) of this section, the decision and order may be issued over the signature of only the President or other officer of the Board.
29 Del. C. § 8703A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8703A
§ Â
        8703A. Division of Small Business â Created; purposes.
Status: in_force

(a) There is hereby created a division of economic development which shall be known as the Division of Small Business within the Department of State.

(b) The Division shall be responsible to the Secretary.

(c) The Division shall serve the Secretary in all general and economic development matters, and it shall function, as required, as an advisory, coordinating and implementing agency:

(1) To harmonize its activities with similar activities of other departments, boards, commissions, agencies or instrumentalities of federal, state, county or municipal government;

(2) To render, as necessary, assistance to all units of government and to private enterprise;

(3) To stimulate public interest and participation in the orderly growth and development of the State; and

(4) To insure that all private and public development activities are carried out in conformity with state law.
29 Del. C. § 9005A — Delaware Code / Title 29 / Chapter 90A / Section 9005A
§ Â
        9005A. Duties of the Child Advocate.
Status: in_force

The Child Advocate shall perform the following duties:

(1) Take all possible actions, including programs of public education and legislative advocacy, to secure and ensure the legal, civil, and special rights of the children.

(2) Review periodically relevant policies and procedures with a view toward the rights of children.

(3) Refer any person making a complaint or report required by Chapter 9 of Title 16 to the Division of Family Services, and, if warranted, to an appropriate police agency. If a complaint or report includes an allegation of misconduct against a Department employee, the complaint or report must also be referred to the Secretary of the Department.

(4) Recommend changes in the procedures for investigating and overseeing the welfare of children.

(5) Make the public aware of the services of the Office and the Commission, its purpose, and how it can be contacted.

(6) Apply for and accept grants, gifts, and bequests of funds from other state, federal, and interstate agencies, as well as from private firms, individuals, and foundations, for the purpose of carrying out the Office’s and the Commission’s lawful responsibilities. The funds must be deposited with the State Treasurer in a restricted receipt account established to permit funds to be expended in accordance with the provision of the grant, gift, or bequest.

(7) Examine policies and procedures and evaluate the effectiveness of the child protection system, specifically the respective roles of the Division, the Attorney General’s Office, the courts, the medical community, and law-enforcement agencies.

(8) Review and make recommendations concerning investigative procedures and emergency responses pursuant to this chapter.

(9) Develop and provide quality training to Division staff, Deputy Attorneys General, law-enforcement officers, the medical community, family court personnel, Court Appointed Special Advocate volunteers, educators, day care providers, and others on the various standards, criteria, and investigative technology used in these cases.

(10) Develop and administer programs to ensure the legal representation of children in this State, which includes the Court Appointed Special Advocate Program.

(11) Submit an annual report analyzing the work of the Office that may be included in the Commission’s annual report, or submitted separately.

(12) Serve as the Executive Director of the Commission.

(13) Provide staff support to the Commission, including assisting the Commission, its committees, and panels in investigating and reviewing the deaths or near deaths of abused or neglected children and suspected human trafficking of children and in administering scholarship funds.

(14) Hire employees or contract for services as necessary to assist the Commission, its committees, and panels in investigating and reviewing the deaths or near deaths of abused or neglected children and suspected human trafficking of children and performing its other duties under subchapter III, Chapter 9 of Title 16, within the limitations of funds appropriated by the General Assembly or obtained from other sources.

(15) Hire the Investigation Coordinator and staff to assist the Investigation Coordinator in accomplishing the duties assigned in § 906 of Title 16, including contracts for services as necessary to accomplish its goals.

(16) Take whatever other actions are necessary to help the Commission accomplish its goals.

(17) Administer the Delaware Fostering Independence through Education Tuition Waiver Program under subchapter XVII of Chapter 34 of Title 14.
29 Del. C. § 4873 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4873
§ Â
        4873. Unregistered practice.
Status: in_force

(a) Where the Director has determined, upon notice and hearing pursuant to Chapter 101 of this title, that an operator has administered, managed or otherwise made available an interactive fantasy sports platform to persons located in Delaware regulated by this subchapter without having lawfully registered or that an operator or registrant previously registered under this subchapter is engaged in a practice regulated by this subchapter notwithstanding that the operator’s registration has been suspended or revoked, the Director may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Director may seek a injunctive relief prohibiting such unlawful practice and seek the imposition of other civil penalties defined by this subchapter.

(b) Upon notice and hearing pursuant to Chapter 101 of this title, the Director may fine any operator or registrant who violates such cease and desist order not less than $1,000 or more than $5,000 for each offense. Each day a violation continues may be deemed a separate offense in the Director’s discretion.
29 Del. C. § 8902 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8902
§ Â
        8902. Appointment, qualifications, etc., of Commissioner; Deputy Commissioner; bureau chiefs; Acting Commissioner.
Status: in_force

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

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

(2) The Commissioner is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.

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

(b) In the event the position of Commissioner is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy Commissioner and bureau chief as are vacant. Deputy Commissioner and chiefs so appointed shall serve at the pleasure of the Governor, and, upon the position of Commissioner being filled, such Deputy Commissioner and chiefs may be removed from office by the Commissioner with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Commissioner and prior to the appointment of a successor, the Governor may appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner. The Governor may during the Commissioner’s absence from the State appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner during such absence. In either case, the Acting Commissioner shall have all the powers and perform all the duties and functions of the Commissioner during such absence or incapacity or until the successor is duly qualified and appointed.
29 Del. C. § 8005 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8005
§ Â
        8005. Division of Fish and Wildlife.
Status: repealed

The Division of Fish and Wildlife is established having powers, duties and functions as follows:

(1) The Division of Fish and Wildlife shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

a. The Board of Game and Fish Commissioners of this State pursuant to Chapters 1, 3 [repealed], 5, 7, 9, 11, 13, 17 and 58 [repealed] of Title 7.

b. The Delaware Commission of Shell Fisheries pursuant to Chapters 19, 21, 23 and 27 of Title 7 and Chapter 21 of Title 23.

(2) The administrative, ministerial, fiscal and clerical functions of the Atlantic States Marine Fisheries Commission set forth in Chapter 15 of Title 7 shall be performed by the Division of Fish and Wildlife. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Atlantic States Marine Fisheries Commission shall remain as prescribed by Chapter 15 of Title 7.
29 Del. C. § 2720 — Delaware Code / Title 29 / Chapter 27 / Section 2720
§ Â
        2720. Delaware Council on Volunteer Fire Service.
Status: in_force

(a) There is hereby created a Delaware Council on Volunteer Fire Service, hereinafter referred to as the Council, to advise the Secretary of Finance on all matters relating to the administration, implementation and financing of the Volunteer Fire Service Revolving Loan Fund Program. The Council shall review and recommend to the Secretary of Finance for adoption, after a public hearing, criteria for administering and awarding loans from the Volunteer Fire Service Revolving Loan Fund, including but not limited to criteria for assessing recipient need.

(b) The Council shall consist of:

(1) The President of the Delaware Volunteer Firefighter’s Association or designee;

(2) The Chairperson of the State Fire Prevention Commission or designee; and

(3) Three members; 1 each appointed by the Presidents of the New Castle, Kent, and Sussex County Firemen’s Associations no later than September 1 for the initial appointment and January 15 of each calendar year thereafter.

a. Initial appointments shall be for staggered terms. The member from Sussex County’s initial term shall be for 3 years, the member from Kent County’s initial term shall be for 2 years, and the member from New Castle County’s initial term shall be for 1 year.

b. Upon expiration of the preceding terms, subsequent appointments shall be for a 3-year term.

c. At the end of a member’s term, such member shall continue to serve until the member’s successor is duly appointed;

(4) The State Treasurer or designee; and

(5) The Secretary of Finance or designee.

(c) The Secretary of Finance shall serve as the chair of the Council.

(d) Members of the Council shall receive no compensation. The Council shall hold at least 1 regular meeting each calendar year and shall keep a record of its proceedings. All proceedings of the Council shall be conducted in accordance with Chapter 100 of this title.

(e) For purposes of conducting business of the Council, 4 voting members shall constitute a quorum. A majority vote of Council members shall be required on any action or matter before the Council.

(f) The Council shall adopt procedural rules and regulations to carry out the provisions of this chapter.
29 Del. C. § 8761A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8761A
§ Â
        8761A. Default in payment of state-guaranteed bonds; insufficient revenues to make payment.
Status: in_force

If any payment of principal, premium, if any, or interest due to the Authority or to a trustee or other person as assignee of the Authority with respect to a project financed by proceeds from state-guaranteed bonds is in default, or if sufficient revenues are not available to make such payment, the Authority:

(1) Shall forthwith direct (if it has not previously done so) the person holding the cash reserve fund deposited pursuant to § 8754A(d)(5) of this title to apply such cash reserve fund to the payment of principal, premium, if any, and interest on such state-guaranteed bonds as the same become due;

(2) Shall forthwith give notice of such default or occurrence to the Governor, the Secretary of State, the Secretary of Finance, the Auditor of Accounts, the Speaker of the House of Representatives, the President Pro Tempore of the State and the Controller General. Thereafter, the General Assembly shall appropriate sufficient funds to pay principal, premium, if any, and interest on such state-guaranteed bonds when due. Any funds made available pursuant to such appropriation shall be deposited by the Authority in the appropriate cash reserve fund;

(3) Shall exercise its rights to secure its title and take possession of the project and any other assets pledged, assigned or transferred to the Authority in connection with the financing of the project. The Authority shall thereupon attempt to realize from the sale, lease or other disposition of the project assets sufficient funds to meet debt service on the outstanding state-guaranteed bonds. Realized funds shall first be applied to meet the costs, incurred or to be incurred, of administering such project. Thereafter, such funds shall be applied by the Authority to any lawful purpose of the Authority including, but not limited to, the payment of principal and interest on state-guaranteed bonds for such project. The remainder of such funds, after payment of or provision for the payment of the foregoing, shall be paid into the General Fund of the State;

(4) Trustees for holders of state-guaranteed bonds are hereby authorized to release to the Authority the proceeds of sale, lease or other disposition of any real or personal property comprising the project less any proceeds, to be held in a principal or interest payment fund necessary to meet principal of and interest on such state-guaranteed bonds for the 12-month period following the date of such transfer. The State shall indemnify, defend and hold harmless the trustee for any losses that may reasonably be incurred by the trustee by virtue of the transfer of such proceeds of the property.
29 Del. C. § 8201 — Delaware Code / Title 29 / Chapter 82 / Section 8201
§ Â
        8201. Establishment of Department of Safety and Homeland Security.
Status: in_force

A Department of Safety and Homeland Security is established.
29 Del. C. § 906 — Delaware Code / Title 29 / Chapter 9 / Section 906
§ Â
        906. Publication of Session Laws; typographical errors; Executive Register.
Status: in_force

(a) (1) The Director of the Division of Legislative Services (“Director”), or the Director’s designee, shall, as soon as practicable after the adjournment of the General Assembly, have published accurately in volume form, with an index thereto, copies of all of the following:

a. Bills enacted.

b. All resolutions enacted requiring the approval of the Governor, executive orders, and proclamations of the Governor, other than proclamations directing the repeal of corporate charters which are promulgated pursuant to legislative enactment.

c. Municipal charters or amendments to municipal charters adopted pursuant to a referendum and filed with the Secretary of State pursuant to Chapter 8 of Title 22.

d. Other legislative and executive papers as may be required by Legislative Council.

(2) The volume published under subsection (a) of this section is to be known as the Session Laws or the Laws of Delaware.

(3) The publication of the Session Laws is to be done under contract made by the Director, or the Director’s designee, and in accordance with the specifications furnished by the Director.

(4) In the preparation of the Session Laws for publication, the Director, or the Director’s designee, may do the following:

a. For a portion of a Session Law that is to be codified by the Code Revisors, and with the Code Revisors’ agreement, correct manifest clerical, typographical, and grammatical errors.

b. For a portion of a Session Law that is not to be codified by the Code Revisors, correct manifest clerical, typographical, and grammatical errors.

(b) The Secretary of State shall maintain and annually publish, in a manner as the Secretary of State determines, an Executive Register containing copies or abstracts of all official acts of the Governor and an index thereto, excepting therefrom acts and resolutions of the General Assembly.
29 Del. C. § 1709 — Delaware Code / Title 29 / Chapter 17 / Section 1709
§ Â
        1709. Duty of emergency interim successors and members.
Status: in_force

(a) Each emergency interim successor shall keep generally informed as to the duties, procedures, practices, and current business of the General Assembly.

(b) Each member shall assist the member’s emergency interim successors to keep informed as required under subsection (a) of this section.
29 Del. C. § 4503 — Delaware Code / Title 29 / Chapter 45 / Section 4503
§ Â
        4503. Organization; quorum.
Status: in_force

(a) The Commission shall adopt bylaws to carry out the purpose and duties of the Commission, including to do all of the following:

(1) Elect an officer.

(2) Remove an officer.

(3) Create standards and ethics for members of the Commission.

(4) Remove a member of the Commission.

(5) Create a committee.

(6) Conduct a meeting.

(7) Other matters that help the Commission perform its duties.

(b) A majority of the members must be present at a Commission meeting in order to have a quorum and conduct official business. A majority of the members present at a meeting at which a quorum is present is sufficient to approve an action of the Commission. A vacancy on the Commission is not counted for a quorum.
29 Del. C. § 5709 — Delaware Code / Title 29 / Chapter 57 / Section 5709
§ Â
        5709. Studies and reports.
Status: in_force

The State Agency shall make studies concerning the problem of old-age and survivors’ insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this chapter. It shall also submit a report to the General Assembly at the beginning of each regular session, covering the administration and operation of this chapter during the preceding calendar year, including such recommendations for amendments to this chapter as it considers proper.
29 Del. C. § 7306 — Delaware Code / Title 29 / Chapter 73 / Section 7306
§ Â
        7306. Architectural Accessibility Board â Duties and powers.
Status: in_force

(a) In addition to the other duties expressly conferred by this chapter, the Board has the following duties and responsibilities:

(1) Through the approval of a majority of the voting Board members following a public hearing, promulgate rules and regulations which establishing standards for the design and construction of facilities covered by this chapter to assure that individuals with disabilities can safely access and use the facilities. The standards must take into account the requirements and standards that are either of the following:

a. Recommended or amended by the American National Standards Institute (ANSI) and the Building Officials and Code Administrators (BOCA).

b. Required under applicable federal law.

(2) Through the approval of a majority of the voting Board members following a public hearing, promulgate rules and regulations for the granting of waivers from the requirements of this chapter and the Board’s standards. The rules and regulations may provide for conditional or temporary waivers where appropriate, and must take into account such factors as the availability of acceptable alternatives to the Board’s standards and whether compliance with the standards will produce extreme economic hardship without substantial benefit to individuals with disabilities.

(3) Publish the standards and regulations adopted under paragraphs (a)(1) and (2) of this section and make copies available to architects, engineers, contractors, state and local building inspectors, public works officials, and other interested persons and groups.

(4) Review all submissions to the Board under § 7308 of this title to determine if the requirements of this chapter and the standards of the Board are met and, upon a determination that the pertinent requirements are met, issue a letter of approval for such construction.

(5) Monitor compliance with pertinent standards during construction of a facility for which a letter of approval has been issued.

(6) Grant a waiver under § 7309 of this title.

(7) Receive and act upon complaints concerning alleged noncompliance with this chapter and the standards of the Board.

(8) Conduct a polling place accessibility assessment upon referral from the Department of Elections under § 4512 of Title 15.

(9) Survey existing facilities which the State has constructed, leased, or financed before July 13, 1979, and recommend to the Director of the Office of Management and Budget steps to eliminate existing architectural barriers.

(10) Formulate educational and training courses to assist in the accomplishment of the purpose of this chapter.

(11) Make studies and collect and retain data relative to the purpose of this chapter.

(12) Provide for public awareness of architectural accessibility and of the requirements related to architectural accessibility.

(b) To achieve the purposes of this chapter and in addition to other responsibilities and duties under this chapter, the Board has the following powers:

(1) To make and promulgate rules and regulations, consistent with this chapter, that are necessary and proper for the Board’s administration and operation, and for the conduct of the Board’s business.

(2) In conjunction with the Director of the Office of Management and Budget, to appoint a Chief Administrator, who serves as the Board’s Chief Executive Officer and supervises clerical and other staff as the Director of the Office of Management and Budget may provide.

(3) To hold hearings; inspect construction; provide for inspection by the Chief Administrator, other staff of the Office of Management and Budget as the Director may make available, or through purchase of services; request information; and perform other acts which are necessary and proper for effectuating the purpose of this chapter.
29 Del. C. § 6057 — Delaware Code / Title 29 / Chapter 60A / Section 6057
§ Â
        6057. Limitation on investments.
Status: in_force

The deferred compensation program may offer any of the following investment options and none other:

(1) Savings accounts in federally insured banking institutions.

(2) United States government bonds or debt instruments.

(3) Life insurance and annuity contracts, provided the companies offering such contracts are subject to regulation by the Insurance Commissioner of the State.

(4) Investment funds registered under the Investment Company Act of 1940.

(5) Securities which are traded on the New York Stock Exchange National Association of Securities Dealers Automated Quotations (NASDAQ) and American Stock Exchange.
29 Del. C. § 6982 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6982
§ Â
        6982. Selection.
Status: in_force

(a) Agencies shall use the selection process described in paragraphs (a)(1) through (5) of this section for those professional services within the scope of the practice of architecture, professional engineering, including, but not limited to, environmental engineering, consulting and environmental monitoring, professional land surveying, construction management, landscape architecture and geology as defined and authorized by the laws of the State or those services performed by persons engaged in the above-mentioned professions in connection with their professional employment or practice.

(1) Based upon the criteria established pursuant to § 6981(n)(2)f. of this title, the agency shall rank, in order of preference, the applicants deemed to be qualified to perform the required services.

(2) Beginning with the qualified firm designated first on the preference list, the agency shall negotiate for professional services at compensation which the agency determines is fair and reasonable. The agency shall conduct an analysis of the cost of the professional services required, in addition to considering their scope and complexity. Fee proposals shall not be solicited from this or any other firm on the preference list for use in comparison of fee negotiations. The agency may require the firm receiving the award to execute a truth-in-negotiation certificate stating the wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. All professional service contracts shall provide that the original contract price and any additions thereto shall be adjusted to exclude any significant sums where the agency determines the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within 1 year following the end of the contract.

(3) Should the agency be unable to negotiate a satisfactory contract with the qualified firm designated to be first on the preference list, at a price the agency determines to be fair and reasonable, negotiations with that firm shall be formally terminated. The agency may negotiate with the remaining firms by order of ranking. At any point in the negotiations process, the agency may, at its discretion, terminate negotiations with any or all firms.

(4) After accomplishing the evaluation and conducting discussions and negotiations, the agency shall select 1 applicant and prepare a public notice within 10 days after awarding the contract stating the firm selected. This notice will appear in a statewide news publication or by letter to all applicants. If the agency has elected to select multiple firms, the agency shall continue the selection process by negotiating with the next firm on the preference list. This process shall be continued until the required number of vendors have been selected.

(5) It shall be the responsibility of the professional services firm to be current with any professional registration or certification as required by law.

(b) For all professional services not described in subsection (a) of this section, agencies shall use the selection process described in paragraphs (b)(1) through (3) of this section.

(1) Based upon the criteria established pursuant to § 6981(n)(2)f. of this title, the agency shall determine all applicants that meet the minimum qualifications to perform the required services.

(2) The agency shall then interview at least 1 of the qualified firms. The agency may negotiate with 1 firm without terminating negotiations with another firm and may negotiate with 1 or more firms during the same period. At any point in the negotiation process, the agency may, at its discretion, terminate negotiations with any or all firms.

(3) The agency may require the firm with whom the agency is negotiating to execute a truth-in-negotiation certificate stating the wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. All professional service contracts shall provide that the original contract price and any additions thereto shall be adjusted to exclude significant sums where the agency determines the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within 1 year following the end of the contract.

(c) Contract award. —

Once the agency has successfully negotiated with the selected proposing firm:

(1) The agency shall award a contract to the selected proposing firm whose proposal is determined in writing to be most advantageous to the State, based on the factors set forth in the solicitation. The determination shall explain the basis of award.

(2) The agency shall notify each unsuccessful offeror in writing of the award.

(3) After receipt of a signed contract, the proposals shall be open for public inspection in accordance with § 6981(k)(4) of this title.
29 Del. C. § 9601 — Delaware Code / Title 29 / Chapter 96 / Section 9601
§ Â
        9601. Title.
Status: in_force

This chapter shall be known as the “State Employee Benefits Consolidation Act.”
29 Del. C. § 559 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 559
§ Â
        559. Display and distribution of state flag.
Status: in_force

(a) State agencies, including all public schools, shall cause the flag of this State to be displayed out-of-doors (weather permitting) on its installation, grounds or campus at each location. This section shall apply only where public buildings, including school buildings, are equipped with flagpoles.

(b) To carry out the purpose of subsection (a) of this section, the Office of Management and Budget shall purchase and distribute as many flags of this State as necessary to supply each agency and public school with the initial issue, upon certification by the agency or public school head that such purchase is initial and not a replacement.
29 Del. C. § 7905 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7905
§ Â
        7905. Office of Womenâs Health.
Status: in_force

(a) The Office of Women’s Health is hereby established within the Division of Public Health, in the Department of Health and Social Services.

(b) For purposes of this section:

(1) “Department” means the Department of Health and Social Services.

(2) “Director” means the Director of the Office of Women’s Health.

(3) “Division Director” means the Director of the Division of Public Health.

(4) “Office” means the Office of Women’s Health.

(5) “Secretary” means the Secretary of the Department.

(c) The Office is established to address women’s health issues across the lifespan for the following purposes:

(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women’s health and health lifestyles.

(2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources the State should provide for women’s health issues across the lifespan, including concerns relating to reproductive, menopausal and postmenopausal phases of a woman’s life.

(3) To serve as a resource for information regarding women’s health data, strategies, services and programs that address women’s health issues across the lifespan.

(4) To provide relevant research information and data conducted or compiled by the Department or other entities in collaboration with the Department.

(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.

(6) To prepare materials for publication and dissemination to the public on women’s health.

(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women’s health programs, issues and services.

(8) To coordinate the activities and programs of the Office with other entities that focus on women’s health or women’s issues, including but not limited to other state agencies.

(d) The structure of the Office of Women’s Health will be determined by the Department, including all of the following:

(1) The Director of the Office.

(2) Other necessary employees.
29 Del. C. § 611 — Delaware Code / Title 29 / Chapter 6 / Section 611
§ Â
        611. Healthcare records.
Status: in_force

Notwithstanding any law or court rule to the contrary and except as required by federal law, no officer or employee of a state or local agency, commission, board, or department, including any “law-enforcement officer” as defined in § 222 of Title 11, may provide information or assistance to a federal law-enforcement agency, another state’s law-enforcement agency, a private citizen, or quasi-law-enforcement agency in relation to an investigation or inquiry concerning the lawfulness of healthcare services, if the healthcare services would be lawful as provided if they occurred entirely in this State. For purposes of this section, “healthcare services” means as defined in § 1702 of Title 24.
29 Del. C. § 2313 — Delaware Code / Title 29 / Chapter 23 / Section 2313
§ Â
        2313. Books and accounts open to inspection of legislative committees.
Status: in_force

The books, papers and accounts of the Secretary of State shall be open to inspection of committees of the Senate and House of Representatives, and the Secretary shall furnish the committees with copies and extracts as required.
29 Del. C. § 7901A — Delaware Code / Title 29 / Chapter 79A / Section 7901A
§ Â
        7901A. Objectives.
Status: in_force

The primary objective of this chapter is to provide for the registration of cemeteries in Delaware. The secondary objectives are to appropriately refer complaints from the public relating to cemeteries and to create a fund that can be used to ameliorate the conditions in a distressed cemetery.
29 Del. C. § 7409 — Delaware Code / Title 29 / Chapter 74 / Section 7409
§ Â
        7409. Recitals in bonds, notes and revenue notes conclusive on State; negotiability.
Status: in_force

(a) All bonds and notes shall recite that they are issued for a purpose or purposes set forth in an authorization act. Revenue notes shall recite that they are issued for 1 or more of the purposes for which revenue notes may be authorized by this chapter. Bonds, notes and revenue notes shall also recite that they are issued pursuant to the Constitution and laws of this State. Upon the sale and delivery of any such bonds, notes or revenue notes against payment, such recitals shall be conclusive as to the right, power and authority of the State to issue such bonds, notes or revenue notes and of the legality, validity and enforceability of the obligation of the State to pay principal of and interest on such bonds, notes and revenue notes. The legality, validity and enforceability of such bonds, notes or revenue notes containing such recitals shall never be questioned in any court of law or equity by the State or any person after the issuance, execution and delivery against payment of such bonds, notes and revenue notes.

(b) All bonds, notes and revenue notes are hereby declared to have all the qualities and incidents of negotiable instruments under the commercial code of the State.
29 Del. C. § 1905 — Delaware Code / Title 29 / Chapter 19 / Section 1905
§ Â
        1905. Federal matching funds.
Status: in_force

Any bill or joint resolution which provides for the expenditure of state funds not authorized in the annual budget bill for the fiscal year in which the expenditure is to be incurred, in order to qualify for or otherwise receive federal funds, shall include a 3-year fiscal projection. The fiscal projection shall describe, as accurately as can reasonably be ascertained, the total anticipated expenditures of such program or agency, the total amount to be expended or committed by the federal government for each of the 3 fiscal years, the total amount to be expended by the State for each of the 3 fiscal years and when the federal funding is likely to be concluded.
29 Del. C. § 9122 — Delaware Code / Title 29 / Chapter 91 / Subchapter II / Section 9122
§ Â
        9122. Definitions.
Status: in_force

For purposes of this subchapter, the following definitions shall apply:

(1) “Community” means those areas designated as communities in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(2) “Developing area” means an area designated as a developing area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(3) “Development” means any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities;

(4) “Environmentally sensitive developing area” means an area designated as an environmentally sensitive developing area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(5) “Impact fee” means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development;

(6) “Proportionate share” means that portion of the cost of system improvements that is reasonably related to the service demands and needs of the project;

(7) “Rural area” means an area designated as a rural area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(8) “State public facilities” means:

a. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways;

b. Transit facilities;

c. State-provided police service;

d. State-provided emergency services; and

e. Schools.

(9) “System improvement costs” means costs incurred to provide additional state public facilities capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions;

(10) “System improvements” means capital improvements that are public facilities and are designed to provide service to the community at large.
29 Del. C. § Â§â6094 — Delaware Code / Title 29 / Chapter 60E / Section Â§â6094
§ Â
        Ââ6094. Application.
Status: in_force

(a) The application to participate in the program shall require the applicant to certify that they meet the eligibility requirements of § 6093 of this title. The application shall otherwise be in the form prescribed by the Council.

(b) The applicant must submit a new, completed application each year, along with any additional information the Council may request in accordance with program regulations.
29 Del. C. § 2526 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2526
§ Â
        2526. Violation of order or injunction; penalty.
Status: in_force

(a) The Attorney General or the Director may petition any court of competent jurisdiction to obtain recovery of a civil penalty as provided pursuant to this section. Such petition may be made whenever it appears to the Attorney General or the Director that a person subject to any order or injunction, issued pursuant to any provision of this chapter or any other law or regulation which the Division of Consumer Protection is charged to enforce, has wilfully violated such order or injunction, or breached a material term of an agreement forming the basis for a cease and desist order.

(b) A person who wilfully violates any such order or any such agreement shall forfeit and pay to the State an enhanced civil penalty of not more than $25,000 per violation.

(c) Any court in which the petition is brought may order the offender, if a violation is found, to cease and desist the unlawful practice. Any subsequent violation of the court’s order may be sanctioned for contempt in addition to an enhanced civil penalty.

(d) Nothing in this section shall prevent the Attorney General or the Director from initiating any additional or alternative enforcement action under their lawful powers.
29 Del. C. § 2508A — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2508A
§ Â
        2508A. Directing production of witnesses or evidence pursuant to process from without the State in criminal investigations and proceedings.
Status: in_force

(a) For the purpose of enforcing any subpoena, warrant or other process issued by a court from without this State in a criminal proceeding or investigation occurring in said foreign state, the United States or any territory or district thereof, the Attorney General or any assistant may issue process to compel any person to produce books, papers, documents or other objects designated therein at the office of the Attorney General or at such other place as designated.

(b) A certified copy of the subpoena, warrant or other process issued by the court from without this State shall be attached to, and thereby incorporated in, any process issued by the Attorney General or any assistant pursuant to this section.

(c) Any process issued pursuant to this section by the Attorney General or any assistant shall include a certification by the Attorney General or any assistant that the process is issued pursuant to a subpoena, warrant or other process issued by a court from without the State.

(d) On an annual basis, the Attorney General shall transmit to the Prothonotaries of the counties of this State a certified list of and complete copies of all process which has been issued in the immediately preceding calendar year by the Attorney General or any assistant pursuant to this section. The date for filing such list shall be set by the Superior Court and may be enlarged by the Superior Court for good cause shown by the Attorney General.
29 Del. C. § 2501 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2501
§ Â
        2501. Purpose.
Status: in_force

The purpose of this chapter is to accomplish efficiency by centralizing in 1 department the State’s facilities for the rendering of legal services to the Governor, General Assembly, officers, departments, boards, agencies, commissions and instrumentalities of the state government and to provide for the enforcement of the criminal law of this State.
29 Del. C. § 4005 — Delaware Code / Title 29 / Chapter 40 / Section 4005
§ Â
        4005. Compensation.
Status: in_force

The members of the Commission shall serve without compensation.
29 Del. C. § 574 — Delaware Code / Title 29 / Chapter 5 / Subchapter III / Section 574
§ Â
        574. Expenses and insurance of State Museum.
Status: in_force

The expenses of water, electric lights, heating fuel and janitors’ supplies shall be paid from the funds of the Department.

The State Insurance Commissioner shall provide adequate insurance for protection against fire, smoke, theft and wind damage.
29 Del. C. § 5916 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5916
§ Â
        5916. Uniform pay plan; hazardous duty pay.
Status: in_force

(a) The rules shall provide for a pay plan for all employees in the classified service, after consultation with state officers and after a public hearing held by the Board. Such pay plan shall become effective only after it has been approved by the Governor after submission to the Governor by the Board and after adequate appropriations to put such plan into effect have been received. Amendments to the pay plan may be made in the same manner. Nothing shall be contained in the pay plan except the salary and wage schedule and each employee in the classified service shall be paid at the rate set forth in the pay plan for the position classification. Any state employees who are not covered under Title 20, who are normally scheduled to work on weekends, and, who are members of the National Guard or United States Reserves shall be afforded the opportunity to reschedule within the same pay cycle their normally scheduled work weekends whenever their National Guard or United States Reserves drill weekend conflicts with their state weekend to work. The employee shall provide the State with 30 days advance notification of their scheduled Guard or Reserve drill weekend.

(b) No agency shall engage a consultant or authorize expenditures of any General or Special Funds for the purpose of studying personnel policies and/or the wage and salary classification of employees without the written authorization of the Secretary, the Director of the Office of Management and Budget and the concurrence of the Controller General.

(c) No state employee whose salary is designated in the annual appropriations act shall receive compensation, whether in wages, salary, wages-in-kind, food allotment bonuses or overtime, from agencies of this State in excess of said salary regardless of the source of funds involved except as provided in §§ 5105(c), 5112(b) and 5123 of this title. In the event that an employee shall receive excess compensation, the amount of the appropriation from the General Fund shall be reduced by the amount of such excessive compensation and the Attorney General shall take such steps as necessary to recover from such employee any such excessive amount as has actually been paid. In the event the “All Other” part of the salary is made up entirely of federal funds and such federal funds are terminated or reduced, that state appropriation is hereby increased to provide the “Total Salary” indicated.

(d) A state employee may perform additional duties for a state agency other than that employee’s principal employing agency, with the consent of that employee’s principal employing agency, and may be paid additional compensation, provided such additional duties are not a part of that employee’s regular duties for the principal employing agency and not rendered during the time paid for by the principal employing agency. All wage payments resulting from the performance of such additional duties, including FLSA overtime, shall be the responsibility of the secondary employing agency unless otherwise authorized by the Director of the Office of Management and Budget and the Secretary.

(e) No employee of any department or agency shall receive hazardous duty pay, except those specifically included in the following paragraphs:

(1) Employees, otherwise qualified, who are employed by the Department of Correction (or its successor agency).

(2) Employees, otherwise qualified, who are employed by the Delaware Psychiatric Center (or its successor agency) and who are assigned to programs for the criminally insane.

(3) Employees, otherwise qualified, who are employed by the Department of Services for Children, Youth and Their Families (or its successor agency).

(4) Casual seasonal employees performing the same job duties as those eligible employees identified in paragraphs (e)(1), (2), (3) of this section, shall also be deemed eligible. The amount of the monthly hazardous duty pay supplement shall be prorated based on the actual hours worked.

(5) Employees employed in the Prison Education Program as authorized in Chapter 24 of Title 14 whose primary job location is within the institutions.

(f) Nothing in this section shall be construed or interpreted by the Merit Employee Relations Board or by the Secretary to include hazardous duty pay as coming within the definition of fringe benefits.

(g) Notwithstanding any law or rule to the contrary, beginning July 1, 2024, nonexempt Department of Transportation employees shall be paid overtime at the rate of time and ½ after the employee has accrued 37.5 compensable hours that week.
29 Del. C. § 8422 — Delaware Code / Title 29 / Chapter 84 / Section 8422
§ Â
        8422. Transportation Infrastructure Investment Fund; Fund Council.
Status: in_force

(a) The Transportation Infrastructure Investment Fund (Fund) is established to provide economic assistance for renovation, construction, or any other type of improvements to roads and related transportation infrastructure in order 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, permanent, quality, full-time jobs.

(b) Improvements funded through the Fund must occur within the public right-of-way or on public land and directly benefit the traveling public. To be eligible for a grant under this section, improvements must meet all of the following, as defined by regulation:

(1) Have at least 1 public endorser.

(2) Meet certain employment standards.

(3) Be financially stable.

(4) Serve a public purpose.

(c) A business applying to the Transportation Infrastructure Investment Fund must meet all of the following:

(1) Validly exist as a corporation, 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 business and professional licenses required under Titles 24 and 30.

(d) The Department of Transportation may promulgate regulations as required to administer this section.

(e) The Transportation Infrastructure Investment Fund Council. —

The Transportation Infrastructure Investment Fund Council (the Council) is established to consider applications to the Fund and make recommendations to the Secretary of the Department of Transportation and the Secretary of State.

(1) The Council is composed of 9 members, as follows:

a. One member appointed by the President Pro Tempore of the Delaware State Senate.

b. One member appointed by the Speaker of the House of Representatives.

c. Six members appointed by the Governor. These members must include 2 New Castle County residents, 1 Kent County resident, 1 Sussex County resident, and 2 residents of this State, irrespective of county. These members may include a member of the Bar of the Supreme Court of Delaware, an officer of a bank or trust company of this State, an expert in private equity, or an expert in venture capital.

(2) The Governor shall appoint 1 additional member to serve as Chair at the Governor’s pleasure.

(3) Members appointed by the Governor under paragraph (e)(1)c. of this section may be appointed for a term of up to 3 years to ensure that no more than 2 members’ terms expire in a year.

(4) The Governor may not appoint more than 4 members from the same political party.

(5) Members of the Council serve without compensation, except that the members may be reimbursed for reasonable and necessary expenses incident to the members’ duties.

(6) The Council shall conduct its business only when a quorum is present. A quorum consists of 5 members.

(7) The consent of a majority of the members present at a meeting with a quorum is required to approve a motion, including a motion to make a recommendation.

(8) Upon written request from the Council, the Governor may declare a vacancy for any member who is absent from 3 consecutive Council meetings.

(9) The Council Chair shall attempt to schedule meetings so that the meetings are centrally-located and geographically-balanced in number.

(f) The Secretary of the Department of Transportation and the Secretary of State shall consider a recommendation of the Council made under subsection (e) of this section. The Secretaries may not authorize the expenditure of moneys from the Fund unless the Secretaries determine that the business and the improvements are eligible under this section and the regulations promulgated under this section.
29 Del. C. § 5313 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5313
§ Â
        5313. Adjustment of benefits.
Status: in_force

Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be adjusted as follows:

(1) If an individual’s pension is determined to be less than he or she is entitled to receive, it will be adjusted retroactively to the effective date of the pension.

(2) If an individual’s pension is determined to be more than he or she is entitled to receive, it will be adjusted prospectively only.

(3) In no case shall a pension awarded under this chapter which has been in effect for 1 year be subject to reduction.
29 Del. C. § 6341 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6341
§ Â
        6341. Grants-in-aid.
Status: in_force

No appropriation for a grant-in-aid shall be made otherwise than pursuant to an act by the General Assembly, passed with the concurrence of 3/4 of all the members elected to each House.
29 Del. C. § 5316 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5316
§ Â
        5316. Group life insurance.
Status: in_force

(a) Upon the death of an individual receiving a pension under this chapter a benefit will be provided in the same manner as benefits provided under § 5546 of this title to the designated beneficiary or in the absence of a designated beneficiary the amount of this benefit shall be paid to the deceased pensioner’s estate.

(b) The benefit granted under this section shall not be construed as a contractual obligation of the State or of the Pension Fund and may be revised or terminated by an act of the General Assembly.
29 Del. C. § 329 — Delaware Code / Title 29 / Chapter 3 / Section 329
§ Â
        329. State historical aircraft.
Status: in_force

The Bellanca Cruisair is the official historical aircraft of Delaware.
29 Del. C. § 8063 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8063
§ Â
        8063. Electric School Bus Program.
Status: in_force

(a) To improve the health and safety of Delaware children and safeguard the environment, it is the goal of Delaware that 30% of school buses purchased by the State shall be electric vehicles in FY 2030. To this end, the Department of Education’s annual bus purchases must include at least the following percentage of electric-powered school buses in the corresponding year:

(b) The Department of Education shall submit an implementation report regarding the goals set forth in subsection (a) of this section annually on January 31, from 2025 through 2029.

(c) By January 31, 2030, the Department of Education shall submit a report detailing recommendations for future changes in the percentage targets for electric school bus purchases, and other recommendations for reduction of the carbon and environmental impact of the State’s school transportation fleet.

(d) The reports in subsections (b) and (c) of this section shall be delivered to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Legislative Services, and the Public Archives.

(e) Implementation of this section is contingent upon the appropriation of sufficient funding.
29 Del. C. § 10101 — Delaware Code / Title 29 / Chapter 101 / Subchapter I / Section 10101
§ Â
        10101. Policy.
Status: in_force

The purpose of this chapter is to standardize the procedures and methods whereby certain state agencies exercise their statutory powers and to specify the manner and extent to which action by such agencies may be subjected to public comment and judicial review.
29 Del. C. § 8073 — Delaware Code / Title 29 / Chapter 80 / Subchapter III / Section 8073
§ Â
        8073. Commission membership; qualifications; term of office.
Status: in_force

(a) The Commission is composed of 19 members, as follows:

(1) Six members serving by virtue of position, or a designee appointed by the member, as follows:

a. The Secretary of the DNREC.

b. The Secretary of the Department of Agriculture.

c. The County Executive of New Castle County.

d. The County Administrator for Kent County.

e. The County Administrator for Sussex County.

f. The Secretary of the Department of Transportation.

(2) Thirteen members, appointed by the Governor, as follows:

a. Six individuals who represent environmental organizations or Delaware institutions of higher education, with expertise regarding Delaware plant or animal species.

b. Six individuals who represent stakeholder commercial interests in Delaware, such as land development, farming, and business, with no more than 2 members representing the same commercial interest.

c. One member who is a current or retired botanist or similar professional with expertise in Delaware plant species.

(b) An appointed member serves for a term of up to 3 years and is eligible for reappointment. The Governor shall appoint members for staggered terms so that no more than 5 members’ terms expire in any 1 calendar year.

(c) If an appointed member fails to attend 3 successive meetings of the Commission without just cause, that member’s position may be deemed vacant and the Governor may appoint a replacement.

(d) Members of the Commission serve without compensation, except that the Commission may reimburse members for reasonable and necessary mileage and tolls incident to duties as members of the Commission.
29 Del. C. § 2903 — Delaware Code / Title 29 / Chapter 29 / Section 2903
§ Â
        2903. Bond.
Status: in_force

(a) The Auditor, before entering upon office, shall with sufficient sureties become bound to the State by a joint and several obligation, to be with the sureties approved by the Governor in the penal sum of $2,000 with condition “that if the above named ____________________ who has been (duly appointed or duly elected) to be ________________________ shall do well and diligently execute the office of ____________________ and duly and faithfully fulfill and perform all the trusts and duties to the office appertaining and truly and without delay deliver to the successor in office the seal and all the books, records and papers belonging to the office, safe and undefaced, then this obligation shall be void and of no effect or else shall remain in full force and virtue.”

(b) The obligation shall be filed and recorded in the Recorder’s office of Kent County.

(c) If any person elected or appointed Auditor shall not, within 7 days next after the day of taking office, become bound as required under this section, the appointment or election shall be void, and another person shall be appointed.
29 Del. C. § 8032 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8032
§ Â
        8032. Procedures for public notice of permit applications.
Status: in_force

(a) Notwithstanding any law to the contrary, the following minimum requirements must be observed for the issuance of any permit by the Department where public notice is required:

(1) The notice must include instructions for electronic submission of public comments or requests for hearing.

(2) The permit application to which the notice applies must be available electronically. The notice must contain a link or web address where instructions for accessing the full application are available. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post electronically.

(3) A copy of the notice shall be posted on the Department’s website in addition to whatever other means of delivery is required for the notice.

(4) The Department shall send a copy of the notice by e-mail to members of the General Assembly in whose district the permit would issue.

(b) This section applies to applications for permit renewals.

(c) This section does not apply to applications for permit extensions.