29 Del. C. § 2709 — Delaware Code / Title 29 / Chapter 27 / Section 2709
§ Â
        2709. Receipt and accounting for stock dividends and interest; power to vote as stockholder.
Status: in_force

The State Treasurer may receive the dividends or interests on any stock, shares, loan or investment of money belonging to the State or the School Fund and shall apply and account for the same according to law. The State Treasurer may, in respect to any such stock or shares, except stock in the Farmers’ Bank, vote the same in person or by proxy, as other stockholders do.
29 Del. C. § 8014 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8014
§ Â
        8014. Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water.
Status: in_force

The Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water is established having powers, duties and functions as follows:

(1) The Division of Air Quality, Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Water and Air Resources Commission.

(2) The administrative, ministerial, fiscal and clerical functions of this State as a member of the Delaware River Basin Commission, set forth in Chapter 65 of Title 7, shall be performed by Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Delaware River Basin Commission shall remain as prescribed by Chapter 65 of Title 7.

(3) The Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Mosquito Control Commission and the State Highway Department pursuant to Chapter 19 of Title 16.

(4) The Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Health and Social Services pursuant to § 122(3)d. of Title 16 only.

(5) The Division of Air Quality and the Division of Waste and Hazardous Substances shall have primary authority under this section for matters concerning solid and hazardous waste, underground and aboveground storage tanks, boiler safety, hazardous materials emergency response, accident release prevention, emergency planning and community right to know, hazardous substance site investigation and restoration, and air resources of the State. The Division of Water shall have primary authority under this section for matters concerning surface and groundwater, underwater and wetland resources of the State.
29 Del. C. § 6925 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6925
§ Â
        6925. Sole source procurement.
Status: in_force

(a) A contract may be awarded for materiel or nonprofessional services without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required materiel or nonprofessional service. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required material or service and that no other type of material or service will satisfy the requirements of the agency. The agency shall examine cost or pricing data, which shall include lifecycle costing analysis as specified in §§ 6902 and 6909A(b) of this title if the sole source offers more than 1 type or variety of equipment, prior to an award under this section. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination by the agency stating the basis for the sole source procurement shall be included in the agency contract file. Textbooks and related instructional materials are sole source purchases.

(b) An agency seeking a sole source procurement shall prepare written documentation citing the existence of a sole source condition. The document shall include the specific efforts made to determine the availability of any other source and an explanation of the procurement need. The agency may, for confirmation, submit this documentation to the Section for review and comment prior to the intended date of award.

(c) The agency shall negotiate with the single supplier, to the extent practicable, a contract advantageous to the agency. The agency shall enter into a formal contract stating the terms and conditions of the procurement.
29 Del. C. § 7417 — Delaware Code / Title 29 / Chapter 74 / Section 7417
§ Â
        7417. Payment of debt service; first lien.
Status: in_force

(a) Each annual Budget Appropriation Bill enacted by the General Assembly shall make sufficient provisions for the payment of principal of, premium, if any, and interest on all bonds, notes and revenue notes payable or to be paid by their terms during the fiscal year of the State for which such Budget Appropriation Bill is enacted.

(b) Vouchers for the payment of principal of, premium, if any, and interest on bonds, notes and revenue notes for payment of expenses incident to the issuance of such obligations shall be signed by the State Treasurer.

(c) Any appropriation made by the General Assembly to pay principal of, premium, if any, and interest on bonds, notes or revenue notes may be applied to pay principal of, premium, if any, and interest on obligations of other issuers pursuant to an agreement made by the issuing officers with a person agreeing to pay principal of, premium, if any, or interest on bonds, notes or revenue notes issued by the State.

(d) If, at any time, the State fails to make sufficient provisions to pay such principal of, premium, if any, and interest on bonds, notes or revenue notes, or, at the time such principal, premium or interest is payable sufficient moneys are unavailable for such payment, a sufficient sum shall be set apart by the State Treasurer from the first revenues thereafter received by the State and shall be applied to such purposes. The State Treasurer may be required to set apart and apply such revenues as provided herein at the suit of any holder of obligations for which such insufficient provision is made.
29 Del. C. § 5546 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5546
§ Â
        5546. Burial benefits.
Status: in_force

(a) Upon the death of an individual receiving a pension under this chapter the sum of $7,000 shall be paid from the Fund to a 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.

(c) Benefits granted under this section may be assigned to a licensed funeral home to cover the funeral and associated expenses of the deceased pensioner, subject to the signed consent of the beneficiary or his or her legal guardian using a form approved for such use by the Board of Pension Trustees.
29 Del. C. § 6093 — Delaware Code / Title 29 / Chapter 60E / Section 6093
§ Â
        6093. Eligibility for the program.
Status: in_force

To qualify to participate in the program, all of the following must apply:

(1) The applicant has secured a qualified educational loan prior to submitting an application.

(2) The applicant is an active member in good standing of the Bar of the Supreme Court of the State of Delaware or is practicing law under Supreme Court Rule 55.

(3) The applicant has been an employee of the State or 1 of Delaware’s civil legal aid organizations for at least a year, and the applicant’s primary job function is the practice of law.
29 Del. C. § 1902 — Delaware Code / Title 29 / Chapter 19 / Section 1902
§ Â
        1902. Contents of fiscal projection.
Status: in_force

The 3-year projection shall be a statement describing, as accurately as can reasonably be ascertained, all requirements, obligations assumed by the State and other consequences of the bill or joint resolution having a fiscal impact on the State for each of the 3 fiscal years following the effective date of the bill or joint resolution. Such fiscal projection shall, where applicable, include full cost data including, but not limited to, salaries, operating costs, other employment costs (fringe benefits), capital outlay and debt service. Fiscal projections required in this chapter shall be prepared on forms prescribed by the Controller General. If the fiscal projection is not prepared by the Controller General, it shall contain a statement by the Controller General that the Controller General concurs in the sponsor’s projection of the fiscal impact of the bill or joint resolution as set forth in the fiscal projection or that the Controller General finds contrary or additional fiscal data which should be included in the fiscal projection. The Controller General shall point out particular ways in which the bill or joint resolution may escalate costs or reduce revenue to the State. The fiscal projection must also state how the estimates were calculated and from what facts or assumptions. In the case of a bill or joint resolution authorizing expenditures or relating to pension or retirement plan as defined by § 1901(b) of this title, such projection shall, in addition to the other requirements of this section, state the estimated actuarial long-term cost of the proposed bill or joint resolution as obtained by the Controller General from the Board of Pension Trustees or other qualified actuarial source. All fiscal projections shall be reviewed or prepared by the Controller General and the same shall be reported to the sponsor in writing.
29 Del. C. § 7993 — Delaware Code / Title 29 / Chapter 79 / Subchapter IX / Section 7993
§ Â
        7993. Criminal liability.
Status: in_force

(a) Distribution or return of needles and syringes under the sterile needle and syringe service program is exempt from the provisions of § § 4762, 4771, and 4772 of Title 16 for the participant or for the employees of the Division or designated program staff, whenever the possession or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee’s or participant’s activities in connection with the work of the program authorized under this subchapter.

(b) Notwithstanding the provisions of subsection (a) of this section, a program staff member or program participant is not immune from criminal prosecution for:

(1) The redistribution of hypodermic needles or syringes in any form;

(2) Any activities not authorized or approved by the program; or

(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances.
29 Del. C. § 8065 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8065
§ Â
        8065. Residential electric vehicle supply equipment program.
Status: in_force

(a) As used in this section:

(1) “Director” means the executive director of the Sustainable Energy Utility.

(2) “Electric vehicle” means as defined in § 8062 of this title.

(3) “Electric vehicle supply equipment” or “EVSE” means as defined in § 8062 of this title.

(4) “Federal poverty level” means a measure of income issued every year by the United States Department of Health and Human Services that determines eligibility for certain government programs and benefits.

(5) “Low-income applicants” mean applicants whose incomes are no more than 300% of the federal poverty level.

(6) “SEU” means the Sustainable Energy Utility created under § 8059 of this title.

(b) The Director shall administer a program that provides financial assistance for the purchase and installation of EVSE. The EVSE must be for an applicant’s private use at or near the applicant’s place of residence.

(c) Applicants for the program must be Delaware state residents and must submit an application through the SEU. Only 1 EVSE may be purchased per household under this program. The program shall be administered on a first-come, first-served basis as funds are available.

(d) A low-income applicant may receive assistance under this program for up to 90% of the cost of purchase and installation of EVSE. All other applicants may receive assistance under this program for up to 50% of the cost of purchase and installation of EVSE.

(e) The Director shall use funds allocated to the SEU under § 6046 of Title 7 to develop and administer this program.

(f) Eligible costs that may be covered by the program include those costs directly attributable to the site design, charger, equipment, installation, labor, permitting, site preparation, upgrade for utility connections, signage, and equipment necessary to implement and operate the EVSE. Site maintenance costs, repair costs, and electricity to stock the electric vehicle charger are not eligible costs.
29 Del. C. § 8002 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8002
§ Â
        8002. Secretary; division directors; Acting Secretary; appointment.
Status: in_force

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

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

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

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

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

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary of the Department to serve as Acting Secretary. The Secretary or the Acting Secretary may, during an absence from the State, appoint the Deputy Secretary or a Division Director of the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. § 8421 — Delaware Code / Title 29 / Chapter 84 / Section 8421
§ Â
        8421. Community Transportation Fund reporting requirement.
Status: in_force

(a) Beginning on January 1, 2021, the Secretary shall publish on the Department’s website the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund, separated by fiscal year and beginning with transaction history information for fiscal year 2021.

(b) The transaction history for each member of the General Assembly must include all of the following:

(1) The amount of money in the member’s Community Transportation Fund account at the start of a given fiscal year.

(2) The amount allocated to the member’s Community Transportation Fund account in a given fiscal year.

(3) The amount of any transfer of funds to or from the member’s Community Transportation Fund account in a given fiscal year.

(4) The amount, purpose, and location of each expenditure authorized by the member on a project in a given fiscal year.

(c) The Secretary shall update the transaction history for each member of the General Assembly every 3 months.
29 Del. C. § 8722 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8722
§ Â
        8722. Delaware Commission of Veteransâ Affairs â Authority [For application of the transfer of this section, see 85 Del. Laws, c. 137, Â 12] [Transferred].
Status: in_force

Transferred to § 8813 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025.
29 Del. C. § 5581 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5581
§ Â
        5581. Application for benefits.
Status: in_force

(a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlier than the second month preceding the date on which the application for such benefit is filed. In no event shall a withdrawal benefit be paid to an individual whose application is filed more than 5 years after the date the individual first becomes eligible to receive such benefit.

(b) The Board may require any member, inactive member, retired member or eligible survivor to furnish such information as may be required for the determination of benefits under this chapter, or to authorize the Board to procure such information including, but not limited to, information regarding benefits pursuant to the Federal Social Security Act [42 U.S.C. § 301 et seq.]. The Board may withhold payment of any pension under this chapter whenever the determination of such pension is dependent upon such information and the member, inactive member, retired member or eligible survivor does not cooperate in the furnishing or procuring thereof.

(c) A service pension, disability pension, or survivor’s pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust (“Miller Trust”), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.
29 Del. C. § 9310 — Delaware Code / Title 29 / Chapter 93 / Section 9310
§ Â
        9310. Fund availability.
Status: in_force

(a) Funds appropriated or otherwise available to any agency or unit of local government for the acquisition of real property or any interest therein for a particular program or project shall also be available to carry out the provisions of this chapter as applied to that program or project.

(b) No payment or assistance under this chapter or under Chapter 95 of this title shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment required by federal, state or local law which is determined by the agency to have substantially the same purpose and effect as such payment under this chapter or under Chapter 95 of this title.
29 Del. C. § 9019B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9019B
§ Â
        9019B. Deputy Prothonotaries.
Status: in_force

(a) The state row officers each may select and employ 1 deputy Prothonotary who shall serve at the pleasure of the appointing officeholder. The provisions of this section shall not authorize any elected officeholder to increase the number of employees in any of the state row offices.

(b) The compensation to be paid the deputy Prothonotary shall be set by the appointing officeholder.
29 Del. C. § 7601 — Delaware Code / Title 29 / Chapter 76 / Section 7601
§ Â
        7601. State Clearinghouse Committee.
Status: in_force

(a) There is established the Delaware State Clearinghouse Committee (“Committee”) for federal grant and nonfederal grant coordination.

(b) The Committee consists of the following members, or designee of the member:

(1) The Chairperson and the Vice Chairperson of the Joint Finance Committee, who serve as the Chairperson and Vice Chairperson, respectively, of the Committee.

(2) The Controller General, who services as the Chairperson of the Committee in the absence of both the Chairperson and Vice Chairperson.

(3) The Director of the Office of Management and Budget.

(4) The Secretary of State.

(5) The Secretary of Finance.

(6) Four members of the General Assembly, appointed as follows:

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

b. One member appointed by the Minority Leader of the Senate.

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

d. One member appointed by the Minority Leader of the House of Representatives.

(7) In the absence of a quorum of the members heretofore listed, fiscal and policy staff of the Office of the Controller General shall serve as designees sufficient for a quorum.

(c) The Director of the Office of Management and Budget shall function as the Secretary of the Committee, and the Office of Management and Budget shall provide the necessary staff support. The Office of the Controller General shall provide staff support to the Committee, as required by the Chairperson or the Vice Chairperson.

(d) The members of the Committee shall serve until their successors are selected.

(e) A member of the Committee that desires to delegate another individual to serve in the member’s place must make the designation in writing. The member must provide the written designation to the Secretary of the Committee and the Controller General. The designee serves at the pleasure of the member making the designation and has the same duties and rights as the member.
29 Del. C. § 1132 — Delaware Code / Title 29 / Chapter 11 / Subchapter III / Section 1132
§ Â
        1132. Definitions.
Status: repealed

As used in this subchapter:

(1) “Agency” means as defined in § 10102 of this title.

(2) “Division” means the Division of Legislative Services as established pursuant to this chapter.

(3) “Official regulation” means a regulation in its final form as adopted by an order as defined in § 10118 of this title and filed with the Registrar of Regulations.

(4) “Register of Regulations” means a publication authorized and recognized by law published for public information purposes, providing public notice of changes in agency regulations, whether new, modified or repealed, together with supplemental information as deemed appropriate by the Registrar.

(5) “Registrar” means an employee of the Division charged with the responsibility of compiling, maintaining and publishing the Register of Regulations.

(6) “Regulation” means as defined in § 10102 of this title.
29 Del. C. § 6908 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6908
§ Â
        6908. Section powers and duties.
Status: in_force

(a) In addition to the powers and duties prescribed by other sections in this chapter, the Section shall do all of the following:

(1) Review and recommend improvements to the State’s procurement process.

(2) Function as the contracting agent in central or joint contracting for state agencies provided, that, at a minimum, all contracts are awarded in conformance with the requirements of this chapter. The Section is required to meet or exceed the requirements of the agencies.

(3) Function as a resource for state agencies by providing, on request, procurement information and assistance.

(4) Serve as a clearinghouse for procurement information for materiel and services for both agencies and vendors.

(5) Promulgate rules and regulations to effect this chapter. Such rules and regulations shall be promulgated according to the Administrative Procedures Act in Chapter 101 of this title and shall be approved by the Contracting and Purchasing Advisory Council.

(6) Establish procedures through which all public works contracts, which are paid in whole or in part through public funds, include provisions requiring the contractor, its agents, and employees to implement a mandatory drug testing program for all employees or agents working on the job site in nonclerical positions. Provisions governing mandatory drug testing shall be incorporated into all public works contracts and the rules governing the administration of such tests by the contractor shall be promulgated by the Director pursuant to this subsection.

(7) Administer on behalf of all agencies the State’s centralized procurement computer system or software that is used for contract development, solicitation, evaluation, and contract administration, including public posting of notice of awarded agency contracts. The Section may, with written approval of the Director, authorize an agency to operate, with approved integration, a separate bidding or contract administration platform provided that all information is readily shared with the statewide portal managed by the Section. The announcement of bid solicitations, other solicitations, and associated notices for the required duration on a site designated by the Section satisfies the public notice and advertisement requirements of this chapter.

(8) Assume such other powers, duties, and functions as the Director of the Office may assign which are not otherwise inconsistent with the laws of this State.

(b) The Section shall not charge any agency any fee for central contracting services. The Section Director may charge any agency of this State, local government unit or volunteer fire departments within the State, for which the Section makes purchases, supplies, contractual services or to which it distributes materiel a reasonable service charge. The Section shall deposit such charges into a special account to be used to effectuate the purposes of the Section.
29 Del. C. § 5304 — Delaware Code / Title 29 / Chapter 53 / Subchapter I / Section 5304
§ Â
        5304. 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. § 5920 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5920
§ Â
        5920. Rejection for unfitness.
Status: in_force

The rules shall provide for the rejection of candidates or eligibles who fail to comply with reasonable requirements of the Secretary in regard to such factors as age, physical condition, training and experience, or who have been guilty of infamous or disgraceful conduct, are addicted to alcohol or to narcotics or have attempted any deception or fraud in connection with an recruitment.
29 Del. C. § 8603 — Delaware Code / Title 29 / Chapter 86 / Section 8603
§ Â
        8603. Housing Director.
Status: in_force

(a) The administrator and head of DSHA is the Housing Director, who must be a person qualified by training and experience to perform the duties of the office.

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

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

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

(b) In the event of the death, resignation, temporary incapacity or removal of the Housing Director, and prior to the appointment of a successor, the Governor may appoint any qualified employee of DSHA to serve as Acting Housing Director. The Housing Director may, during an absence from the State, appoint any qualified employee of DSHA or any of its subdivisions to serve as Acting Housing Director during such absence. In either case, the Acting Housing Director shall have all the powers and shall perform all the duties and functions of the Housing Director during absence or incapacity or until a successor is duly appointed.

(c) The Housing Director shall be the Chairperson and issuing officer of DSHA. The powers of DSHA, as specified in Chapter 40 of Title 31, shall be vested in the Housing Director.

(d) The Housing Director shall not be subject to Chapter 59 of this title.
29 Del. C. § 5052 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5052
§ Â
        5052. Definitions [Transferred].
Status: in_force

Transferred to § 8752A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8905 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8905
§ Â
        8905. Council on Correction [Effective until Sept. 17, 2026].
Status: in_force

(a) Purpose. —

The Council on Correction, referred throughout this section as “the Council,” is established to serve in an advisory capacity to the Commissioner of the Department of Correction. The Council’s purpose is to collect and evaluate the best available data to make recommendations to the Commissioner of the Department of Correction to further the following goals:

(1) Enhance the safe and orderly operation of Department of Correction facilities, for both employees and offenders.

(2) Enhance the efficiency of Department of Correction policies.

(3) Ensure system and offender accountability.

(4) Foster a constructive and respectful relationship between the Department of Correction and the public.

(b) The Council shall consider matters relating to the development and progress of the adult correctional system of this State, including all of the following:

(1) Correctional facilities.

(2) Services provided to an adult offender.

(3) The care and supervision of an individual released on probation or parole.

(4) Another matter that the Governor, the Commissioner of the Department of Correction, or a chief of a bureau or division within the Department of Correction may refer to the Council.

(c) The Council may study, research, plan, and advise the Governor, the Commissioner of the Department of Correction, or the chiefs of the bureaus or divisions within the Department of Correction on matters that the Council identifies as appropriate to enable the Department to function in the best manner.

(d) Council membership. —

(1) The Council is comprised of 7 members who are appointed by the Governor. The Council may submit names for the Governor to consider when making an appointment.

(2) Each member is appointed 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 council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members’ terms expire on a staggered basis.

(3) The Council shall annually elect a chair and a vice chair from among its members.

(4) a. The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, or neglect of duty in office.

b. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings without good cause or attends less than 50% of council meetings in a calendar year.

c. The Governor may consider a member who is deemed in neglect of duty as having resigned, and may accept the member’s resignation.

(5) A member does not receive compensation but may be reimbursed for actual and necessary expenses incurred in the performance of official duties.

(e) Meetings and quorum. —

(1) The Council shall meet at least 6 times per year.

(2) The Council shall conduct at least 1 meeting in each county per calendar year.

(3) The number of council members who must be present at a meeting to have quorum and conduct official business is the majority of appointed members. A member vacancy is not counted for quorum.

(f) The Council may adopt bylaws or other procedural rules to carry out its functions under this section.

(g) The Council must conduct its meetings and other business under Chapter 100 of this title (Freedom of Information Act).

(h) The Council shall submit an annual report no later than December 1 to the Governor, General Assembly, Commissioner of the Department of Correction, chiefs of the bureaus and divisions under the Department of Correction, Executive Director of the Criminal Justice Council, and Director and the Librarian of the Division of Legislative Services. The annual report must include at least all of the following:

(1) Meeting agendas and minutes.

(2) Training programs council members completed.

(3) The Council’s priorities and activities, including participation in legislative matters.

(4) Correspondence with the Commissioner of the Department of Correction and the Department of Correction in general. The correspondence must be redacted to remove any information that is not deemed a public record under § 10002 of this title.

(5) The Council’s goals, priorities, and planned activities for the next calendar year.

(i) The Council is a Department of Correction entity, but the Criminal Justice Council, through its Executive Director, shall provide reasonable and necessary staff support and materials to assist the Council in performing its duties under this section.l members who must be present at a meeting to have quorum and conduct official business is the majority of appointed members. A member vacancy is not counted for quorum.

(f) The Council may adopt bylaws or other procedural rules to carry out its functions under this section.

(g) The Council must conduct its meetings and other business under Chapter 100 of this title (Freedom of Information Act).

(h) The Council shall submit an annual report no later than December 1 to the Governor, General Assembly, Commissioner of the Department of Correction, chiefs of the bureaus and divisions under the Department of Correction, Executive Director of the Criminal Justice Council, and Director and the Librarian of the Division of Legislative Services. The annual report must include at least all of the following:

(1) Meeting agendas and minutes.

(2) Training programs council members completed.

(3) The Council’s priorities and activities, including participation in legislative matters.

(4) Correspondence with the Commissioner of the Department of Correction and the Department of Correction in general. The correspondence must be redacted to remove any information that is not deemed a public record under § 10002 of this title.

(5) The Council’s goals, priorities, and planned activities for the next calendar year.

(i) [Expired.]
29 Del. C. § 5949 — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5949
§ Â
        5949. Appeals.
Status: in_force

(a) An employee in the classified service who has completed a probationary period of service may not, except for cause, be dismissed or demoted or suspended for more than 30 days in any 1 year. Within 30 days after any such dismissal, demotion or suspension, an employee may appeal to the Board for review thereof. Upon such review, both the appealing employee and the appointing authority whose action is reviewed shall have the right to be heard publicly and to present evidentiary facts. At the hearing, technical rules of evidence shall not apply. The rules shall require that the Board take final action on an appeal within 90 calendar days of submission to the Board. Upon approval of all parties, the 90 days may be extended an additional 30 calendar days.

(b) If the Board upholds the decision of the appointing authority, the employee shall have a right of appeal to the Superior Court on the question of whether the appointing authority acted in accordance with law. The burden of proof of any such appeal to the Board or Superior Court is on the employee. If the Board finds against the appointing authority, the appointing authority shall have a right of appeal to the Superior Court on the question of whether the appointing authority acted in accordance with law. The burden of proof of any such appeal to the Superior Court is on the appointing authority. All appeals to the Superior Court shall be by the filing of a notice of appeal with the Court within 30 days of the employee being notified of the final action of the Board.

(c) Whenever subsection (a) or (b) of this section conflicts with any collective bargaining agreement, or whenever any collective bargaining agreement is exclusive with respect to matters which are the subject thereof, the collective bargaining agreement shall apply and shall be followed.

(d) If the Board finds that the action complained of was taken by the appointing authority for any political, religious or racial reason, or is not supported by the facts as having been for cause, the employee shall be reinstated to the former position or a position of like status and pay without loss of pay for the period of suspension.
29 Del. C. § 4871 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4871
§ Â
        4871. Contests authorized.
Status: in_force

Interactive fantasy sports contests registered and conducted pursuant to the provisions of this subchapter are hereby authorized.
29 Del. C. § 7414 — Delaware Code / Title 29 / Chapter 74 / Section 7414
§ Â
        7414. Deposit of money; advances from funds.
Status: in_force

(a) (1) All proceeds from the sale of bonds or notes other than premium or accrued interest must be deposited by the State Treasurer in a special fund or funds of the State and applied for the purposes for which the bonds or notes were issued or as otherwise provided by law. All proceeds from the sale of revenue notes and all accrued interest from the sale of bonds or revenue notes must be deposited by the State Treasurer in the General Fund. Any premium from bonds or revenue notes, except for any premium received on refunding bonds, sold after January 1, 2004, including any such premium previously deposited in the General Fund, must, at the discretion of the Director of the Office of Management and Budget, Controller General, and the Secretary of Finance, be deposited in 1 of the following.

a. A special fund of the State and applied for the purposes for which the bonds or notes were issued or as otherwise provided by law.

b. An escrow fund to redeem, refund, or defease debt service on existing bonds or notes of the State, or debt service on any debt or other obligation of an instrumentality of the State.

(2) If a deposit is made under paragraph (a)(1) of this section, bond authorization must be reduced by a corresponding amount. Under no circumstances may any proceeds, premium, or accrued interest be applied to pay the costs of any project not authorized by the General Assembly.

(b) The State may advance money to a special fund of the State established to hold money raised or to be raised to finance costs of projects authorized to be financed with the proceeds of bonds or notes after the adoption of an authorization act but prior to the issuance of bonds or notes authorized to be issued by that authorization act. Money may be advanced, in an amount not exceeding the greater of 3% of the estimated net General Fund revenue for that fiscal year from all sources (not including unencumbered funds remaining at the end of the previous fiscal year) as determined by joint resolution approved by a majority of the members elected to each House of the General Assembly and signed by the Governor in connection with the adoption of the annual budget appropriation bill for that fiscal year, or $ 150,000,000, from any other fund of the State unless prohibited by any other law. Any money advanced must be repaid at the time the money advanced is needed for the purposes for which the money was held before being advanced.
29 Del. C. § 6312A — Delaware Code / Title 29 / Chapter 63A / Section 6312A
§ Â
        6312A. Functions prior to July 1, 2005.
Status: in_force

The Office of Management and Budget, 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 in the Division of Facilities Management, Division of Support Services, Division of Graphics and Printing, and the State Architect within the former Department of Administrative Services immediately prior to July 1, 2005, and which are not otherwise specifically assigned to the Office of Management and Budget by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such person, department, board, commission or agency.
29 Del. C. § 5936 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5936
§ Â
        5936. Enforcement.
Status: in_force

The rules shall provide for such rules and administrative regulations not inconsistent with this chapter as may be proper and necessary for its enforcement.
29 Del. C. § 9004D — Delaware Code / Title 29 / Chapter 90D / Section 9004D
§ Â
        9004D. Exemptions.
Status: in_force

The following positions set forth in this section shall be exempt from Chapter 59 of this title:

(1) Secretary of the Department of Human Resources.

(2) Deputy Secretary.

(3) Director of Talent Management.

(4) Chief Diversity Officer.

(5) A Director of Employee and Labor Relations.

(6) A Director of Statewide Benefits and Insurance Coverage.

(7) Director of the Office of Women’s Advancement and Advocacy.

(8) Director of Classification/Compensation and Talent Acquisition.

(9) Director of Training and Human Resource Solutions.
29 Del. C. § 8205 — Delaware Code / Title 29 / Chapter 82 / Section 8205
§ Â
        8205. Police Officer Standards and Training Commission.
Status: in_force

(a) There is established the Police Officer Standards and Training Commission.

(b) The Police Officer Standards and Training Commission shall consider matters relating to police training, accreditation of police departments, possible suspension or decertification of police officer certifications, and such other matters as may be referred to it by the Governor or the Secretary of the Department.

(c) The Police Officer Standards and Training Commission shall be appointed as is provided in Chapter 84 of Title 11.
29 Del. C. § 8027 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8027
§ Â
        8027. Notification.
Status: in_force

Except for land acquired by approval of the Open Space Council or approved through a bond and capital improvements act, land shall not be purchased by the Department of Natural Resources and Environmental Control without prior approval of the Cochairs of the Joint Legislative Committee on the Capital Improvement Program; provided, however, that the Department is not prohibited from conducting studies, surveys or other contractual arrangements that would normally precede land acquisition procedures. The Department is also required to provide cost estimates to the cochairs of the Joint Finance Committee and the Bond Bill Committee; these estimates will include costs to develop infrastructure, and the number of positions needed to maintain the land and the associated personnel costs.
29 Del. C. § 7803 — Delaware Code / Title 29 / Chapter 78 / Section 7803
§ Â
        7803. Definitions.
Status: in_force

As used in this chapter:

(1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.

(2) “Deputy” means an assistant or other subordinate officer who is authorized by law to exercise the powers and discharge the duties of a state or political subdivision office.

(3) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

a. Threatens the life, health, or safety of the public.

b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.

c. Makes the continuation of normal government operations difficult or impossible.

(4) “Emergency interim successor” means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is appointed or elected and qualified as may be provided by the Delaware Constitution, statutes, charters, or ordinances or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office.

(5) “Office” includes all state and political subdivision offices, the powers and duties of which are defined by the Delaware Constitution, statutes, charters, or ordinances. “Office” does not include the Office of Governor and members of the General Assembly and the Judiciary.

(6) “Political subdivision” includes counties, municipalities, districts, authorities, and other public corporations and entities whether organized and existing under a charter or general law.

(7) “Unavailable” means either that a vacancy in an office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and the lawful incumbent’s duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
29 Del. C. § 6922 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6922
§ Â
        6922. Small purchase procedure.
Status: in_force

(a) Applicability. — Any state contract for which an agency is a party for materiel or nonprofessional services, whose annual probable cost is less than the threshold amount or amounts set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title, may be made under small purchase procedures established by the Director.

(b) Procedure. — The Director, with the approval of the Contracting and Purchasing Advisory Council, shall provide for a simplified administrative process for obtaining competitive prices for small purchases. The procedure shall incorporate the procedures identified as lifecycle costing analysis as specified in §§ 6902 and 6909A(b) of this title. This procedure shall be in writing and distributed to all agencies.
29 Del. C. § 10213 — Delaware Code / Title 29 / Chapter 102 / Section 10213
§ Â
        10213. Annual report; review selection.
Status: in_force

(a) Annual report. — The Committee shall submit an annual report, compiled by committee staff and approved by the Committee, to the General Assembly, the Governor, and the Director and the Librarian of the Division of Legislative Services each year not later than July 31. The annual report must contain at least all of the following:

(1) A summary of the outcomes and Committee’s actions relating to each full review or focused review that the Committee conducts since its previous annual report, including each of the recommendations the Committee makes under § 10214 of this title.

(2) A summary of the legislation that the Committee approves for introduction since the Committee’s previous annual report.

(3) A list of the entities the Committee selects for full review or focused review the next year following the report.

(4) Other information that the Committee may wish to include.

(b) Review selection. —

The Committee must conduct at least 4 full reviews or focused reviews each year. Selection for full review or focused review may take into consideration all of the following:

(1) The number of entities whose full review or focused review is being continued to the following year. A continued full review or focused review may be counted as 1 of the 4 required reviews.

(2) The number of entities automatically scheduled for a full review or focused review.

(3) The number of entities that the General Assembly may add.

(4) The number of entities that the Committee adds under subsection (c) of this section.

(c) The Committee may, by 6 affirmative votes, add an entity to, remove an entity from, or replace an entity on the Committee’s full review and focused review schedule.
29 Del. C. § 408 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 408
§ Â
        408. Display of POW/MIA flag.
Status: in_force

A state agency, including a public school, shall cause a POW/MIA flag to be displayed out-of-doors on its installation, grounds, or campus at each location on each day the flag of the United States is so displayed.
29 Del. C. § 5102 — Delaware Code / Title 29 / Chapter 51 / Section 5102
§ Â
        5102. Oath to support Constitution.
Status: in_force

Every officer and employee of the State or any political subdivision thereof shall take an oath to support and defend the Constitution of the United States and the Constitution of the State before commencing duties as such officer or employee.
29 Del. C. § 5521 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5521
§ Â
        5521. Amount of unified service, disability or survivor pension.
Status: in_force

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

(1) The amount computed according to this chapter exclusive of service credited under § 5501(e)(14) of this title; plus

(2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55A of this title; subchapter III of Chapter 83 of Title 11; and Chapter 88 of Title 11; and, the amount computed based on credited service as a member, according to Chapter 56 of this title.
29 Del. C. § 914 — Delaware Code / Title 29 / Chapter 9 / Section 914
§ Â
        914. Procedure for notice to the public of a proposed amendment to the Delaware Constitution.
Status: in_force

(a) For purposes of this section:

(1) “Newspaper of general circulation” means a newspaper that meets all of the following:

a. Is published at least on a weekly basis.

b. Is distributed throughout a county.

c. Is published in the language most commonly spoken in the area in which it circulates.

(2) “Newspaper of general circulation” does not include any of the following:

a. A newspaper intended primarily for members of a particular professional or occupational group.

b. A newspaper whose primary function is to carry legal notices.

(3) “Proposed amendment” means the full text of the legislation proposing an amendment to the Delaware Constitution.

(b) The notice required for a proposed amendment under §  1 of Article XVI of the Delaware Constitution must occur as follows:

(1) The proposed amendment must be published not more than 120 days before the next general election and not less than 90 days before the next general election in at least 1 newspaper of general circulation in each county.

(2) The proposed amendment must be posted for at least the 90 days before the next general election prominently on the Department of Elections’ and General Assembly’s websites.

(c) The individual responsible for ensuring dissemination of the proposed amendment under subsection (b) of this section is as follows:

(1) The Secretary of the Senate, for an amendment proposed by a Senate bill.

(2) The Chief Clerk of the House of Representatives, for an amendment proposed by a House bill.

(d) The Secretary of the Senate, Chief Clerk of the House of Representatives, State Election Commissioner, and Director of the Division of Legislative Services shall review and approve the notice to be disseminated under subsection (b) of this section.

(e) (1) The individual responsible for dissemination under subsection (c) of this section shall provide immediate notice of doing so to all of the following:

a. The Governor.

b. The members of the General Assembly.

c. The Director and the Librarian of the Division of Legislative Services.

d. The State Archivist and Records Administrator.

(2) The notice provided under paragraph (e)(1) of this section must include all of the following:

a. A list of the newspapers in which the publication of the proposed amendment required under paragraph (b)(1) of this section occurred and the date of publication in those newspapers.

b. The place within the websites in which the posting required under paragraph (b)(2) of this section is to be found and the date of the posting.
29 Del. C. § 6003 — Delaware Code / Title 29 / Chapter 60 / Section 6003
§ Â
        6003. Disaster service volunteer leave.
Status: in_force

(a) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with subsection (b) of this section below, for up to an aggregate of 15 work days, consecutively or nonconsecutively, in any 12-month period to participate in specialized disaster relief services for the American Red Cross in connection with any disaster, upon the request of the American Red Cross for such employee’s services and upon the approval of such employee’s employing agency.

(b) An employee of a state agency granted leave pursuant to subsection (a) of this section shall be compensated by the employee’s employing agency at the employee’s regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or compensation in addition to the employee’s regular pay. An employee of a state agency who is granted leave pursuant to subsection (a) of this section shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave.

(c) The State shall not be liable for workers’ compensation claims arising from accident or injury while the state employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a state agency. In determining whether to grant leave to an employee, the employee’s employing agency may consider the needs of the American Red Cross for expertise in a particular certified area. The employee’s activities and job functions while on leave, however, shall not be directed by the State but shall be determined and controlled solely by the American Red Cross.

(d) An employee who is on leave pursuant to this section shall not be deemed to be an employee of the State for purposes of the Delaware Tort Claims Act.
29 Del. C. § 401 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 401
§ Â
        401. General powers and duties.
Status: in_force

The Office of Management and Budget, hereinafter referred to in this chapter as the “Office,” shall:

(1) Approve and determine the location of any state buildings upon state lands owned or acquired by the State in the City of Dover;

(2) Determine and cause the style of architecture of any building erected, reconstructed or altered on the state group park or any state lands adjacent thereto to conform with the architecture of the other buildings erected thereon since 1930;

(3) Review and approve the style of architecture of all buildings erected, reconstructed or altered on all other state lands in the City of Dover;

(4) Supervise the furnishing or refurnishing of the Governor’s office in the legislative building or wherever the same may be located at the State Capitol and act in an advisory capacity in the furnishing or refurnishing of any other important public rooms or halls;

(5) Consider and determine the effect landscaping and maintenance of lands might have on the appearance of buildings and grounds;

(6) Determine and approve the location of all pipes, conduits, cables, wires and other service media, either above or below the ground, which in the opinion of the Office may be required for the distribution of utility service to or across those lands within the jurisdiction of the Office. After such determination and approval of location, the Office may grant, in the name of the State, those rights-of-way or easements across or through state lands which in its opinion are deemed necessary for adequate utility service.
29 Del. C. § 7967 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7967
§ Â
        7967. Penalties.
Status: in_force

Whoever violates the provisions of this subchapter is guilty of a violation and shall be fined not less than $50 nor more than $200 for a first offense and not less than $100 nor more than $500 for each subsequent like offense. The Superior Court shall have jurisdiction over all violations of this subchapter.
29 Del. C. § 5115 — Delaware Code / Title 29 / Chapter 51 / Section 5115
§ Â
        5115. Protection of public employees reporting suspected violation of law.
Status: in_force

(a) For purposes of this section, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “Elected official” shall mean the Auditor of Accounts, a state, school district, county or municipal official elected by popular vote of same and employees of said offices.

(2) “Public employee” shall mean any full-time or part-time employee of the State, its school districts, or a county or municipal government.

(b) No public employee shall be discharged, threatened or otherwise discriminated against with respect to the terms or conditions of employment because that public employee reported, in a written or oral communication to an elected official, a violation or suspected violation of a law or regulation promulgated under the law of the United States, this State, its school districts, or a county or municipality of this State unless the employee knows that the report is false.

(c) An employee who alleges a violation of this section may bring a civil action for appropriate injunctive relief, actual damages, or both, within 90 days after the occurrence of the alleged violation of this section.
29 Del. C. § 9010 — Delaware Code / Title 29 / Chapter 90 / Section 9010
§ Â
        9010. Existing rights of appeal preserved.
Status: in_force

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division, subdivision or office thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such functions is transferred and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 4903 — Delaware Code / Title 29 / Chapter 49 / Section 4903
§ Â
        4903. Powers, duties and functions.
Status: in_force

(a) The Office of Highway Safety shall have all the powers, duties and functions heretofore vested in the Federal-State Highway Safety Coordinator’s Office established by executive order and such other powers, duties and functions conferred and mandated by the Highway Safety Act of 1966, as amended [23 U.S.C. § 401 et seq.].

(b) The Office of Highway Safety may solicit and receive subscriptions, donations, and other funds from individuals or organizations for the purpose of implementing highway safety programs and projects that support the mission of reducing traffic fatalities and injuries in Delaware.
29 Del. C. § 5208 — Delaware Code / Title 29 / Chapter 52 / Section 5208
§ Â
        5208. Employees of labor organizations.
Status: in_force

Any labor organization representing the state employees may elect to participate in the health-care insurance plans provided by the provisions of this chapter for their regularly scheduled full-time regular employees who work in the State. The full cost of such coverages shall be remitted to the State by the labor organization no later than the first day of each calendar month for which coverage is being provided. The benefits provided to such employees and the cost of coverage shall be the same as provided to state employees covered by this chapter. Any labor organization wanting to participate in the state Group Health Insurance Program shall be governed by all provisions, rules and regulations of this chapter.
29 Del. C. § 2115 — Delaware Code / Title 29 / Chapter 21 / Section 2115
§ Â
        2115. Correctional officers and Employees Recognition and Appreciation Week.
Status: in_force

The Governor may issue annually a proclamation designating the first week in May as Correctional Officers and Employees Recognition and Appreciation Week and calling upon State officials to display the United States flag on all State and school buildings, and the people of this State to display the flag at their homes, lodges, churches and places of business and other suitable places as a public expression of recognition and appreciation for those in our State who have dedicated their lives to protecting the rights of the public to be safeguarded from criminal activity and who are responsible for the care, custody and dignity of human beings in their charge.
29 Del. C. § 710 — Delaware Code / Title 29 / Chapter 7 / Section 710
§ Â
        710. Compensation of Lieutenant Governor and members of General Assembly.
Status: in_force

(a) The Lieutenant Governor shall receive an annual salary as determined in the annual appropriations act.

(b) A member of the Senate and the House of Representatives is to receive an annual salary, as determined in the annual appropriations act, for the period commencing on the day after Election Day in the year in which the member is elected and extending through Election Day in the year in which the term expires. The salary received under this subsection is to be paid under § 2712 of this title.

(c) A member of the Senate or the House of Representatives who is elected or appointed to any of the following positions is to receive, while serving in the position, additional yearly compensation as follows:

(1) President Pro Tempore of the Senate, $20,291.

(2) Speaker of the House of Representatives, $20,291.

(3) Majority and Minority Leader of the Senate, $12,624.

(4) Majority and Minority Leader of the House, $12,624.

(5) Chair and Vice Chair of the Joint Finance Committee, $11,688.

(6) Majority and Minority Whip of the Senate, $7,950.

(7) Majority and Minority Whip of the House, $7,950.

(8) Members of the Joint Finance Committee, $9,620.

(9) Chair and Vice Chair of the Joint Committee on Capital Improvement, $4,670.

(10) Members of the Joint Committee on Capital Improvement, $3,929.

(11) Chair and Vice Chair of the Joint Legislative Oversight and Sunset Committee, $4,670.

(12) Members of the Joint Legislative Oversight and Sunset Committee, $3,929.

(d) A member of the Senate or the House of Representatives who is elected or appointed to 2 positions under subsection (c) of this section may receive the compensation for the position the member is elected or appointed to with the greater compensation and receive 1/2 of the amount of the compensation for the other position to which the member is elected or appointed. Eligible recipients of compensation for a second position may choose not to accept the compensation.

(e) (1) A member of the Senate or the House of Representatives is to receive the compensation required under subsections (c) and (d) of this section beginning on the following date:

a. For a member elected to a position under paragraphs (c)(1) or (2) of this section, the date the Senate or the House, as appropriate, votes to elect the member to the position.

b. For a member elected to a position under paragraphs (c)(3), (4), (6), or (7) of this section, the date the member’s election is announced to a session of the Senate or the House, as appropriate.

c. For a member appointed to a position under paragraphs (c)(5) or (8) through (12) of this section, the date the member’s appointment is communicated to the Secretary of the Senate or Chief Clerk of the House, as appropriate.

(2) The compensation received under subsections (c) and (d) of this section is to be paid under § 2712 of this title.

(f) A member of the Senate or the House of Representatives who is elected or appointed to a position under subsection (c) of this section and who is entitled to receive compensation under subsections (c) and (d) of this section is to receive the compensation until the member’s successor has been elected or appointed or the General Assembly in which the member is elected or appointed expires, whichever comes first.
29 Del. C. § 2506 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2506
§ Â
        2506. Salaries.
Status: in_force

(a) The salary of the Attorney General shall be $30,000 per annum. The Attorney General shall fix the salaries of all of the members of the Department of Justice within the limits set forth in this section.

(b) The salaries of all attorneys employed by the Attorney General in the Department of Justice shall be fixed by the Attorney General within the appropriations made to the Department of Justice pursuant to a salary plan established by the Attorney General.
29 Del. C. § 9008A — Delaware Code / Title 29 / Chapter 90A / Section 9008A
§ Â
        9008A. Indemnification from liability.
Status: in_force

No attorney, director, investigator, social worker or other person employed or contracted by or volunteering for the Office of Child Advocate shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any act or omission performed during or in connection with the discharge of his or her duties with the Office within the scope of his or her employment or appointment, unless the act or omission was done with gross or wanton negligence, or maliciously, or in bad faith.
29 Del. C. § 5519 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5519
§ Â
        5519. Disability insurance option.
Status: in_force

(a) An employee who, as of January 1, 2006, has fewer than 5 years of credited service, will be ineligible for disability pension coverage under § 5524 of this title and shall be covered under the Disability Insurance Program under Chapter 52A of this title.

(b) An employee who, as of January 1, 2006, has 5 or more years of credited service may elect either:

(1) To continue coverage under the disability pension provisions of § 5524 of this title; or,

(2) To elect coverage under the Disability Insurance Program provided in Chapter 52A of this title.

This election must be made in a form approved by the Board, and filed prior to December 15, 2005, in the State Pension Office, and shall be effective January 1, 2006. All elections made pursuant to this subsection shall be irrevocable. Members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who are serving on active duty during the period of election required pursuant to this subsection shall elect a coverage option within 45 days of discharge from active duty.

(c) If it is determined by the State Pension Administrator that an employee is or was unable to make this election in a timely manner due to circumstances beyond the employee’s control, the Administrator, in the Administrator’s sole and absolute discretion, may extend the time period for making the election beyond the periods specified in this section.

(d) An employee who elected disability pension coverage pursuant to subsection (b) of this section, may elect to either: continue coverage under the disability pension provisions under § 5524 of this title; or elect to be covered under the Disability Insurance Program under Chapter 52A of this title. This election must be made in a form approved by the Committee, filed prior to December 15, 2006, to be effective January 1, 2007, and shall be irrevocable; however, if the date of disability is prior to January 1, 2007, coverage in the Disability Insurance Program will commence on the first day the employee returns to work after January 1, 2007. The employee will be required to submit evidence of insurability satisfactory to the carrier. All members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who have been called to active duty must make their election within 45 days of the date they are no longer on active duty.
29 Del. C. § 9045C — Delaware Code / Title 29 / Chapter 90C / Subchapter IV / Section 9045C
§ Â
        9045C. Chair and vice chair; selection and duties [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, Â 3].
Status: in_force

(a) The Commission shall elect a chair and vice chair at its first meeting and the chair and vice chair shall serve until a replacement is elected. If the chair becomes vacant, the vice chair shall fulfill the duties of the chair contained in subsection (b) of this section until a replacement is elected at its next meeting.

(b) The chair of the Commission shall do all of the following:

(1) Set a date, time, and place for the meetings of the Commission.

(2) Supervise the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.
29 Del. C. § 4827 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4827
§ Â
        4827. Table gaming.
Status: in_force

(a) Legislative findings. — (1) The General Assembly finds that the video lottery operated by the Delaware Lottery plays a critical role in the economy of the State; that it has made significant revenue contributions to the State; that it has provided for significant employment opportunities in the State; that it has greatly benefited the horse breeding, horse racing and agricultural industries in the State; that it has contributed to the preservation of open space in the State; that it has enhanced tourism in the State; that it has provided many indirect benefits to various segments of the State’s economy; and that video lottery agents have made significant investments in their personnel and their facilities to host the video lottery.

(2) The General Assembly finds that allowing the Delaware Lottery also to offer table gaming at the sites of video lottery agents could further the success of the Delaware lottery; foster additional revenue contributions to the State; promote Delaware as a leisure and tourism destination; create as many as 750 new jobs; and provide other indirect benefits throughout the State’s economy.

(3) The General Assembly finds that table game wagers authorized under this article are lotteries under state control. Each game involves the 3 essential elements necessary for a lottery: consideration, chance and a prize. The General Assembly finds that where a table game wager has mixed elements of chance and skill, it will continue to qualify as a lottery as long as chance is the predominant factor. The General Assembly further finds that the outcome of the table games expressly enumerated under this subchapter is determined predominantly by chance.

(4) The General Assembly finds that an essential element of the regulation and control of video lottery agents by the State rests in the public confidence and trust in the credibility and integrity of the regulatory process and gaming operations. The General Assembly further finds that the regulatory provisions of this act are designed to extend strict state control over all persons, locations, practices and associations related to the operation of licensed video lottery agents.

(b) The Director shall, pursuant to the authority granted under § 4805 of this title, establish an initial regulatory framework for table games and commence table game operations as soon as reasonably possible. The Director shall, by rules and regulations, provide for the features and attributes of the table game operations.

(c) The regulations must administer table game operations in a manner that minimizes or eliminates the risk of financial loss to the State.

(d) Table game operations shall be conducted exclusively at video lottery facilities owned and operated by video lottery agents licensed in the State. Licenses awarded to video lottery agents relative to the video lottery shall allow those agents to act as agents for the State with respect to table game operations, and such licenses shall be subject to the same license requirements and procedures as video lottery licenses pursuant to this subchapter.

(e) On March 15 of each year, each video lottery agent shall report to the Office, in a form and in a manner required by the Office, and to the General Assembly the number of full-time and part-time employees engaged in the conduct of table games and the number of full-time and part-time employees otherwise engaged.
29 Del. C. § 7501 — Delaware Code / Title 29 / Chapter 75 / Section 7501
§ Â
        7501. Definitions.
Status: in_force

As used in this chapter:

(1) “Bonds” means any bonds authorized to be issued by the State pursuant to a school construction bond authorization act.

(2) “Local share” means the sum of money specified in any school construction bond authorization act to render permissible the use of the state share for school construction within the particular school district.

(3) “Minor capital improvement” means minor capital improvement as that term is defined in § 7528 of this title.

(4) “Notes” means anticipation notes issued by the State in anticipation of the issuance of bonds.

(5) “School construction” includes, but is not limited to, the acquisition, construction, reconstruction, alteration, remodeling or enlargement of school buildings, the acquisition or installation of apparatus or equipment or educational supplies suitable for the use of such buildings, the acquisition of machinery necessary for the maintenance of such buildings or school grounds, the acquisition of land required as sites for such buildings, or for playgrounds, including land or rights in land needed to provide access to sites and to provide suitable playgrounds, and the grading or other improvements of such sites, land or rights in land, including the construction of sidewalks where authorized by law, the construction of any sewers or water mains needed to connect such buildings to any publicly owned sewer system or water system, the acquisition of temporary buildings or facilities for school purposes to be used until such time as permanent school buildings or facilities shall become available. The cost of such school construction shall not include any expenses in connection with the holding of any referendum for such school construction.

(6) “School construction bond authorization act” means an authorization act of the General Assembly concurred in by 3/4 of all the members of each House, authorizing, among other things, the issuance of bonds and the appropriation of the proceeds thereof to finance school construction.

(7) “School district” means a reorganized school district, or any newly created school unit or area for which no board has been appointed or elected at the time of the effective date of any school construction bond authorization act or any area which the State Board of Education shall determine to be the area served by any school facility which is referred to in any school construction bond authorization act and for which there is specified no local share.

(8) “State share” means that maximum sum of money which may be paid from state sources for school construction in a particular school district as provided in any school construction bond authorization act.

(9) “Total cost” means the maximum sum or sums of money which may be spent for school construction under a particular school construction bond authorization act in a particular school district, provided that nothing contained in this chapter shall prevent any school district from increasing said total cost by providing a larger amount from local sources than that stated as that district’s local share, nor prevent the acceptance and use of any funds appropriated by the Congress of the United States for these purposes.
29 Del. C. § 8815 — Delaware Code / Title 29 / Chapter 88 / Subchapter II / Section 8815
§ Â
        8815. Funding [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

Annually, the Commission shall submit a proposed budget to the Department of Veterans Affairs for review and approval by that Department. The Department of Veterans Affairs shall then recommend to the General Assembly that the Commission’s budget be included as a line item within said Department’s funding.
29 Del. C. § 2305 — Delaware Code / Title 29 / Chapter 23 / Section 2305
§ Â
        2305. Seal of office; documents authenticated by Great Seal as evidence.
Status: in_force

(a) The Secretary of State shall have a seal of office. All marriage licenses shall be under the Secretary’s seal, shall be signed by the Governor and countersigned by the Secretary. Copies of records and other papers of the Secretary’s office authenticated by this seal or by the Great Seal shall be evidence.

(b) The Secretary of State may from time to time replace the seal or seals of the Secretary’s office. When such replacement is made, the old seal or seals shall be destroyed in the Secretary’s presence.
29 Del. C. § 5047 — Delaware Code / Title 29 / Chapter 50 / Subchapter III-A / Section 5047
§ Â
        5047. Creation of the Fund [Transferred].
Status: in_force

Transferred to § 8747A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5097 — Delaware Code / Title 29 / Chapter 50 / Subchapter VIII / Section 5097
§ Â
        5097. Qualification of businesses seeking investment under Program [Transferred].
Status: in_force

Transferred to § 8797A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8208 — Delaware Code / Title 29 / Chapter 82 / Section 8208
§ Â
        8208. Delaware Emergency Management Agency.
Status: in_force

(a) The Delaware Emergency Management Agency is hereby established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of Civil Defense, and its predecessor, the Department of Civil Defense pursuant to Chapters 31 and 33 of Title 20.

(b) Notwithstanding any other provisions of Chapter 69 of this title to the contrary, the Delaware Emergency Management Agency is authorized to utilize the United States Department of Defense, Defense Logistics Agency, Defense Supply Center Philadelphia, First/Emergency Responder Equipment Purchase Program or such other similar program for the procurement of material from the Authorized Equipment List of the U.S. Department of Homeland Security’s State Homeland Security Grant Program or such other similar program with funds that may be provided by the U.S Department of Homeland Security, Office for Domestic Preparedness, to the extent that such purchase is authorized by federal laws and/or regulations.
29 Del. C. § 1711 — Delaware Code / Title 29 / Chapter 17 / Section 1711
§ Â
        1711. Convening of General Assembly in event of an emergency event.
Status: in_force

(a) If an emergency event requiring action by the General Assembly occurs, the Governor shall call the General Assembly into session as soon as practicable or within 90 days following the inception of the emergency event, whichever occurs first.

(b) If the Governor fails to issue the call under subsection (a) of this section, the General Assembly shall, on the ninetieth day from the date of inception of the emergency event, automatically convene at the place where the Governor then has an office.

(c) Each member and each emergency interim successor, unless the emergency interim successor is certain that the member to whose powers and duties the emergency interim successor is designated to succeed or an emergency interim successor higher in order of succession is available, shall proceed to the place of holding the General Assembly as expeditiously as practicable.

(d) Limitations on the length of legislative session and the subjects that may be acted upon during legislative session that are contained in the Delaware Constitution do not apply to any legislative session convened under this section, in session at the inception of the emergency event, or in session after the emergency event and during the application of this chapter.
29 Del. C. § 9015C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9015C
§ Â
        9015C. Misnomer of Department.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 1102 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1102
§ Â
        1102. Term of office; vacancy.
Status: in_force

(a) The members of the Council who are not appointed shall serve during their term of office in the General Assembly and until their successors are selected. The members of the Council who are appointed shall be appointed at the first annual session of every new General Assembly and shall serve during their term of office in the General Assembly and until their successors are selected.

(b) In the case of a vacancy in the office of any member of the Council who is not appointed, a successor shall serve during such member’s term of office in the General Assembly and until a successor has been selected. In the case of a vacancy in the office of any member of the Council who is appointed, a successor shall be appointed by the member of the Council occupying, at the time of the vacancy, the office from which the appointment was made.
29 Del. C. § 7424 — Delaware Code / Title 29 / Chapter 74 / Section 7424
§ Â
        7424. Right to obtain bondholder lists.
Status: in_force

No holder or owner of any bond, note or revenue note shall have any right to obtain a list of registered owners or holders of bonds, notes or revenue notes from the State or its agents by virtue of ownership nor holding of any such obligation, no other law to the contrary notwithstanding.
29 Del. C. § 8223 — Delaware Code / Title 29 / Chapter 82 / Section 8223
§ Â
        8223. Declaration of policy; findings of fact.
Status: in_force

(a) The purpose of this Act and the primary standard by which it shall be administered, is to so regulate the transportation of hazardous materials, and assure compliance with the Code of Federal Regulations herein adopted, that there is established and maintained a reasonable balance between the interests of the people in the safety of themselves and their property, on the one hand, and the interest of the people in their employment and economic prosperity, on the other.

(b) It is hereby found as a fact that hazardous materials are essential for various industrial, commercial and other purposes, that their transportation is a necessary incident of their use and therefore that such transportation is required for the employment and economic prosperity of the people. It is also found as a fact that the transportation of hazardous materials may involve risk of injury to persons and damage to property, and that the degree of such risk can and should be kept at a minimum consistent with technical feasibility and economic reasonableness.
29 Del. C. § 7982 — Delaware Code / Title 29 / Chapter 79 / Subchapter VII / Section 7982
§ Â
        7982. Education and outreach.
Status: in_force

The Department of Labor’s Office of Occupational Safety and Health Consultation currently provides educational programs for private sector employers concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards. The Department of Labor’s Office of Occupational Safety and Health Consultation, in collaboration with the Department of Public Health, shall expand its current educational programs concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards, to include public sector employers.
29 Del. C. § 8786 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8786
§ Â
        8786. Reports and audits.
Status: in_force

The Corporation shall make annual reports to the Governor and the General Assembly setting forth in detail its operations and transactions, which shall include annual audits of the books and accounts of the Corporation made by a firm of independent certified public accountants (CPAs) mutually agreed to by the Auditor of Accounts and the Secretary of State, and may make such additional reports from time to time as it desires.
29 Del. C. § 9017B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9017B
§ Â
        9017B. Mileage payments.
Status: in_force

The authorized mileage rate for officers or employees of the several counties who receive mileage from the State shall be 20 cents per mile.
29 Del. C. § 7981 — Delaware Code / Title 29 / Chapter 79 / Subchapter VII / Section 7981
§ Â
        7981. Assessment of occupational exposure to hazardous substances.
Status: in_force

(a) For the purpose of this subchapter, a hazardous substance shall be considered any substance in the workplace which is capable of causing harm, which an employee may be exposed to, including, but not limited to, fumes, dust, mold and carcinogens.

(b) The Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control, shall develop criteria and methodology for the statewide statistical assessment of exposure to hazardous substances in the workplace.

(c) The Program shall, upon request, assess occupational exposure to hazardous substances in the workplace and compile data and information to be used for consultation and educational purposes.
29 Del. C. § 8923 — Delaware Code / Title 29 / Chapter 89 / Subchapter II / Section 8923
§ Â
        8923. Drugs to be screened.
Status: in_force

(a) The illegal drugs that shall be screened include, but are not limited to, the following:

(1) Marijuana/cannabis;

(2) Cocaine;

(3) Opiates;

(4) Phencyclidine (“PCP”); and

(5) Amphetamines.

(b) The Department technical representative may submit to the Commissioner a written request for approval to screen for an illegal drug or controlled substance other than those listed under subsection (a) of this section. If the Commissioner approves the request, the Department technical representative shall notify all Department employees in security sensitive positions of the addition of that drug to the list of those to be screened.
29 Del. C. § 6932 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6932
§ Â
        6932. Maximum practicable competition.
Status: in_force

Descriptions or specifications shall not use a brand or trade name except as an indication of the type and quality of materiel and in all such cases shall contain the words “or approved equal.” 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. § 8784 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8784
§ Â
        8784. General powers [For application of this section, see 84 Del. Laws, c. 297, Ââ75].
Status: in_force

The Corporation shall have upon enactment of this subchapter and upon its creation as provided for herein the powers listed in this section. The Corporation shall be empowered, without limitation and notwithstanding any other laws:

(1) To adopt by-laws to govern the conduct of its affairs and to carry out and discharge its powers, duties and functions and to adopt rules and regulations as appropriate to carry out and discharge its power, duties, and function and to sue and be sued, to enter into contracts and agreements and to plan, finance, develop, construct, purchase, lease, maintain, improve, own, operate or control facilities and such real and personal property as it may deem necessary, convenient or desirable. However, the provisions of this section and any other laws notwithstanding, the Corporation shall not enter into any agreement or transaction to transfer, privatize, or lease all or substantially all of the Port of Wilmington to a single entity, or to a related group of entities unless:

a. The Chair of the Board of the Corporation makes a presentation to the Joint Committee of Capital Improvement discussing the terms of the proposed final agreement or transaction;

b. Following the presentation, the members of the Joint Committee on Capital Improvement explain the terms of the proposed final agreement or transaction to their respective caucuses; and

c. The General Assembly within 30 days of the presentation of the chairperson of the Board of the Corporation to the Joint Committee on Capital Improvement to the General Assembly approves by concurrent resolution the proposed final agreement or transaction in its entirety.

The Delaware General Assembly may reject by concurrent resolution the proposed final agreement or transaction in its entirety in which case the Corporation shall not enter into the proposed final agreement or transaction. Notwithstanding the foregoing, if the General Assembly does not approve or reject the proposed final agreement or transaction in its entirety by concurrent resolution within 30 days of the presentation of the proposed final agreement or transaction to the Joint Committee on Capital Improvement then the proposed final agreement or transaction shall be deemed rejected by the General Assembly and the Corporation shall not enter into the proposed final agreement or transaction. No assignment, of any agreement or transaction that has been approved in accordance with this subparagraph, shall be valid unless such assignment is itself approved in accordance with the procedures set forth herein.

(2) To employ such personal and provide such benefits as necessary to carry out its functions and to retain, by contract, engineers, advisors, legal counsel, and other providers of advice, counsel and services which it deems advisable or necessary in the exercise of its purposes and powers and upon such terms as it deems appropriate.

(3) To exercise all of the power and the authority with respect to operation and development of the Port of Wilmington granted to the City of Wilmington by statute enacted by the General Assembly including, without limitation, 22 Del. Laws, c. 118, § 1, 50 Del. Laws, c. 457, § 3, and 50 Del. Laws, c. 4, § 2, but shall not have the power to tax, to issue bonds or to exercise the power of eminent domain.

(4) To have and exercise any and all powers available to a corporation organized pursuant to Chapter 1 of Title 8, the Delaware General Corporation Law.

(5) To do all acts and things necessary or convenient to carry out its functions of operating and developing the Port of Wilmington and related marine terminal facilities.
29 Del. C. § 7305 — Delaware Code / Title 29 / Chapter 73 / Section 7305
§ Â
        7305. Architectural Accessibility Board â Procedures.
Status: repealed

(a) The Board shall meet at least once every 2 months, and may meet more frequently as determined by a majority of the Board.

(b) Five members of the Board must be present at a Board meeting in order to have a quorum and conduct official business unless otherwise provided in this chapter. Counting for quorum does not include member positions that are vacant.

(c) [Repealed.]

(d) The Board may adopt other procedures as it deems appropriate.
29 Del. C. § 5944 — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5944
§ Â
        5944. Oaths, testimony and the production of records.
Status: in_force

The Board, each Board member and the Secretary shall have power to administer oaths, subpoena witnesses and compel the production of books and papers relevant to any investigation or hearing authorized by this chapter. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers relevant to any such investigation or hearing may be compelled to do so by order of the Superior Court.
29 Del. C. § 9501B — Delaware Code / Title 29 / Chapter 95 / Section 9501B
§ Â
        9501B. Transportation and eminent domain.
Status: in_force

The provisions of § 9501A of this title shall not apply to the acquisition of property or property rights by the Department of Transportation for any transportation facility, project, or program as defined in Titles 2, 9, 14, 17, and this title, if the primary purpose of each parcel being required is to maintain or improve the State’s transportation network, as sworn to by the Secretary of the Department or the Secretary’s authorized designee.
29 Del. C. § 6072 — Delaware Code / Title 29 / Chapter 60B / Section 6072
§ Â
        6072. Legislative intent.
Status: in_force

The General Assembly finds that Delaware state agencies and employees can improve their performance and delivery of services to Delaware citizens by implementing a long-term commitment to continuous improvement, performance budgeting and other initiatives. A First State Quality Improvement Fund supports implementation of operational excellence initiatives and reinvestment of savings in tools for improving efficiency and effectiveness. Agencies may reduce positions requirements through retraining, reassignment, or other methods, such as automation. The General Assembly intends for this process to involve employees at all levels to improve customer confidence and satisfaction with Delaware state government.
29 Del. C. § 5801 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5801
§ Â
        5801. Short title.
Status: in_force

This subchapter shall be known and may be cited as the “State Employees’, Officers’ and Officials’ Code of Conduct.”
29 Del. C. § 8219 — Delaware Code / Title 29 / Chapter 82 / Section 8219
§ Â
        8219. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 7809 — Delaware Code / Title 29 / Chapter 78 / Section 7809
§ Â
        7809. Removal of designees.
Status: in_force

Until an individual who is designated as an emergency interim successor is authorized to exercise the powers and discharge the duties of an office, the individual serves at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause.
29 Del. C. § 1106 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1106
§ Â
        1106. Director of the Division of Legislative Services; qualifications; compensation; removal.
Status: in_force

(a) The Council shall appoint, with the consent of a majority of the members elected to each House of the General Assembly, a Director of the Division of Legislative Services (“Director”) who shall serve full time. The Director shall:

(1) Be licensed to practice law before the Supreme Court of this State; or

(2) Have been awarded a master of arts or master of science degree from an accredited college or university; or

(3) Have been awarded a bachelor of arts or a bachelor of science degree from an accredited college or university and have had 3 years experience in governmental research.

(b) The Director shall receive such compensation as shall be determined by the Council, subject to the limitations contained in the annual appropriation act.

(c) The Director, upon appointment, shall serve for so long as the Director properly performs the duties of Director and shall not be removed except for cause and only then upon the affirmative vote of 8 members of the Council.

(d) Division of Legislative Services. —

There is created a Division of Legislative Services to assist the Director of the Division of Legislative Services in performing the functions assigned under § 1107 of this title and other Delaware law.
29 Del. C. § 8724 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8724
§ Â
        8724. Delaware Commission of Veteransâ Affairs â Funding [For application of the transfer of this section, see 85 Del. Laws, c. 137, Â 12] [Transferred].
Status: in_force

Transferred to § 8815 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025.
29 Del. C. § 2318 — Delaware Code / Title 29 / Chapter 23 / Section 2318
§ Â
        2318. Remote access to electronic files, authentications and apostilles.
Status: in_force

(a) The Secretary of State may, in the Secretary’s discretion, permit persons remote access to electronic files maintained by the Secretary of State, and may from time to time make, amend, alter and rescind rules and regulations governing remote access to such electronic files.

(b) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons permitted remote access to electronic files, such schedule not to exceed $30 for each fee or charge excepting persons permitted remote access to electronic files maintained by the Secretary of State pursuant to Title 6, Article IX of the Uniform Commercial Code, such schedule not to exceed $75 for each fee or charge.

(c) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons requesting authentications and/or apostilles, such schedule not to exceed $40 for each fee or charge for regular service plus an additional sum of up to:

(1) $40 for each service requested to be completed within a 24-hour period from the time of the request;

(2) $50 for each service to be completed within the same day of the request; and

(3) $500 for each service to be completed within a 2-hour period from the time of the request.

Such schedule shall provide for a maximum fee of $30 to be charged in each instance where a natural person acting on that person’s own behalf requests more than 1 authentication and/or apostille for a noncommercial purpose, including but not limited to adoptions and custody cases.
29 Del. C. § 8221 — Delaware Code / Title 29 / Chapter 82 / Section 8221
§ Â
        8221. 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. § 4340 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4340
§ Â
        4340. Applicability; savings clause.
Status: in_force

(a) This subchapter applies to a notarial act performed on or after August 1, 2023.

(b) This subchapter does not affect the validity or effect of a notarial act performed before August 1, 2023.
29 Del. C. § 8513 — Delaware Code / Title 29 / Chapter 85 / Section 8513
§ Â
        8513. Division of Vocational Rehabilitation.
Status: in_force

(a) The Division of Vocational Rehabilitation is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting vocational rehabilitation heretofore vested in the State Board for Vocational Education/Rehabilitation Division pursuant to Chapter 33 of Title 14.

(b) In implementing the transfer of personnel of the Division of Vocational Rehabilitation into the classified service under Chapter 59 of this title, the State Personnel Commission is directed to assign all positions of professional categories so that the salary schedules for the fiscal year ending June 30, 1971, set forth in 57 Delaware Laws, Chapter 333, shall, insofar as practicable, be incorporated into the classifications and pay plans of the Commission. In no event shall the minimum, intermediate or maximum amounts for any position be less than those which would otherwise have been available to such personnel. The State Personnel Commission is further directed to assign all positions of nonprofessional personnel to appropriate positions and pay grades within the classifications and pay plans of the Commission. If, however, the present salary of any such employee is not at an even step of a pay grade, such employee shall be paid at the next higher even step and, in no event shall the salary paid any such employee be lower than that for which such employee would otherwise be eligible as of July 1, 1970.

(c) Notwithstanding any other provision of law, the Division of Vocational Rehabilitation may employ 2 persons suffering from physical or mental disabilities, who are receiving services as clients of the Division at the date of hire, and who are able to perform job functions as defined by the Division, in a program of rehabilitation and training designed to enable them to become permanently employed.

Appointments shall not exceed 1 year per employee, and the positions shall be exempt from the classified service. Employment as rehabilitation aides shall constitute “credited service” for purposes of the state employees’ pension plan, under § 5501 of this title. In addition, rehabilitation aides shall be entitled to all previous credited service as a state employee for purposes of pension eligibility.
29 Del. C. § 8107A — Delaware Code / Title 29 / Chapter 81 / Section 8107A
§ Â
        8107A. Council on Forestry.
Status: in_force

(a) There is established the Council on Forestry.

(b) The Council on Forestry shall serve in an advisory capacity to the Director of the Division of Production and Promotion and shall consider matters relating to the protection of state forest lands from fire, disease and insect damage including the application of control measures, the establishment of forest growth on denuded or nonforested lands and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of the Division of Production and Promotion. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Forestry shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.

(d) At least 3, but no more than 4 of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council.

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

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

(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. § 6907 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6907
§ Â
        6907. Emergency procedures and critical need for professional services.
Status: in_force

(a) An agency head may waive any or all provisions of this chapter to meet the critical needs of the agency as required by emergencies or other conditions where it is determined to be in the best interest of the agency. The agency head may determine an emergency condition exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against. An emergency condition creates an immediate and serious need for materiel and/or nonprofessional services that cannot be met through normal procurement methods for the protection of public health, safety or property.

(1) Any procurement pursuant to this subsection shall be limited to those materials and/or nonprofessional services necessary to satisfy the emergency.

(2) Any public works project contracted pursuant to this subsection shall be subject to § 6960 of this title.

(3) Any public works project contracted pursuant to this subsection shall be subject to § 6962(d)(4)b. of this title.

(4) A copy of each emergency determination processed under this procedure shall be kept on file by the agency.

(b) In addition to the waiver provisions provided for in subsection (a) of this section, an agency head may waive any or all provisions of subchapter VI of this chapter to meet a critical need of the agency as required by an emergency or other condition where it is determined to be in the best interest of the agency. The agency head may determine a critical need exists by reason of conditions or contingencies that could not reasonably be foreseen and guarded against. A critical need creates a need for professional services that cannot be met through normal procurement methods.

(1) Any procurement pursuant to this subsection shall be limited to those professional services necessary to satisfy the critical need.

(2) A copy of each critical need determination processed under this procedure shall be kept on file by the agency.
29 Del. C. § 8023 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8023
§ Â
        8023. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 8712 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8712
§ Â
        8712. 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 operation 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. § 8031 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8031
§ Â
        8031. Prohibition of collecting natural resource data without the informed written consent of the property owner.
Status: in_force

(a) The following words, terms, and phrases, when used in this section, shall have the meaning ascribed in this subsection:

(1) “Department” means the Department of Natural Resources and Environmental Control.

(2) “Natural resource data” means all the information collected from private property within the State, that was collected by physically being present on private property, that relates to or concerns:

a. The presence of rare or endangered species.

b. The presence and conditions of historic or cultural resources.

(b) From July 11, 2018, forward, the Department shall not enter physically onto private property to collect Natural Resource Data without the informed written consent of the property owner. The informed written consent must contain the method of collection, date of collection, and how the information will be shared.
29 Del. C. § 6062 — Delaware Code / Title 29 / Chapter 60A / Section 6062
§ Â
        6062. Roth savings option.
Status: in_force

(a) The Board shall ensure that 26 U.S.C. §§ 403(b) and 457(b) retirement plans allow participants the option to designate their contributions into the plans as Roth contributions.

(b) The Office of Management and Budget shall make all necessary changes to the state employee payroll system necessary to facilitate the addition of a Roth option to state 403(b) and 457(b) retirement plans for state employees.

(c) The State Treasurer shall take all necessary steps to facilitate the addition of a Roth option to state 403(b) and 457(b) retirement plans.
29 Del. C. § 10601 — Delaware Code / Title 29 / Chapter 106 / Section 10601
§ Â
        10601. Background and purpose [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 background and purpose of this chapter are as follows:

(1) Many Delaware state public entities and programs receive federal assistance and are therefore required by Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., to take reasonable steps to provide meaningful access to services for individuals with limited English proficiency. Providing meaningful access can include offering free and timely interpretation services and translation of vital documents.

(2) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and Delaware state law require effective communication for individuals with disabilities. Providing effective communication under these laws can include offering auxiliary aids such as sign language interpreters.

(3) The General Assembly is committed to ensuring that all individuals, regardless of language or communication method, may meaningfully participate in important programs. This chapter is intended to provide the General Assembly with preliminary information about compliance with federal and Delaware state laws regarding language and communication access by obtaining reports from a sample of Delaware state public entities and programs. Additionally, this chapter provides support for language and communication assistance for individuals renting or purchasing a home or facing eviction or foreclosure.
29 Del. C. § 3702 — Delaware Code / Title 29 / Chapter 37 / Section 3702
§ Â
        3702. Membership; qualifications; terms.
Status: in_force

(a) The Commission shall consist of 9 members who are appointed as follows:

(1) Two members, appointed by the Speaker of the House of Representatives.

(2) Two members, appointed by the President Pro Tempore of the Senate.

(3) One member, appointed by the Delaware Asian American Business Association.

(4) One member, appointed by the Delaware Association of Physicians of Indian Origin.

(5) One member, appointed by Gujarati Samaj of Delaware.

(6) One member, appointed by the Indo-American Association of Delaware.

(7) One member, appointed by the India U.S. Society of Delaware.

(b) A member of the Commission must be a citizen of the United States descended from Indian ancestry and must hold a professional license in this State, own a business in this State, or reside in this State.

(c) The members of the Commission serve at the pleasure of the appointing authority.
29 Del. C. § 5302 — Delaware Code / Title 29 / Chapter 53 / Subchapter I / Section 5302
§ Â
        5302. Definitions.
Status: in_force

(a) “Credited service” shall mean, for any individual, service as defined in § 5501(e) of this title, except that the provisions contained in §  5501(e)(5), (8)-(11) of this title, requiring that the payment for service purchased under these subsections be made prior to the issuance of his or her pension check, may be waived by the State Pension Administrator for any individual for a period not to exceed 2 months if such waiver is deemed by the Pension Administrator to be necessary to carry out the provisions of this chapter. This subsection shall be in effect retroactively as of February 1, 1991.

(b) “Employee” shall mean an individual who meets the definition of an employee as defined in §  5501(f) of this title which is in effect on February 1, 1991.

(c) For the purposes of this chapter, those individuals who must terminate employment on May 31, 1991, in accordance with § 5301(d)(2) of this title, will receive credited service for the month of June 1991 in determining their eligibility for the early retirement option provided by this chapter but that service will not be used in determining the amount of their pension benefits.

(d) The definitions contained in § 5501 (a)-(c), (f)-(i) of this title, which are in effect on February 1, 1991, shall apply to this chapter.
29 Del. C. § 4861 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4861
§ Â
        4861. Legislative findings and purpose.
Status: in_force

(a) The General Assembly hereby finds and declares that:

(1) Interactive fantasy sports are not games of chance because they consist of fantasy sports games or contests in which the fantasy sports teams are selected based upon the skill and knowledge of the participants and not based on the current membership of an actual team that is a member of an amateur or professional sports organization;

(2) Interactive fantasy sports contests are not wagers on future contingent events and are not under the contestants’ control or influence because contestants have control over which players they choose and the outcome of each contest is not dependent upon the performance of any 1 player or any 1 actual team. The outcome of any fantasy sports contest does not correspond to the outcome of any 1 sporting event. Instead, the outcome depends on how the performances of participants’ fantasy roster choices compare to the performance of others’ roster choices.

(b) Based on the findings in subsection (a) of this section, the General Assembly declares that interactive fantasy sports do not constitute gambling in Delaware within the meaning of §§ 1401-1431 of Title 11.

(c) The General Assembly further finds that as the Internet has become an integral part of society, and interactive fantasy sports a major form of entertainment for many consumers, any interactive fantasy sports enforcement and regulatory structure must begin from the bedrock premise that participation is lawful and licensed interactive fantasy sports industry is a privilege and not a right, and that regulatory oversight is intended to safeguard the integrity of the games and participants to ensure accountability and the public trust. Interactive fantasy sports should continue to be enjoyed broadly and offered by licensed interactive fantasy sports operators in the state and not exclusively by any single brick and mortar casino.
29 Del. C. § 4318 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4318
§ Â
        4318. Requirements for certain notarial acts.
Status: in_force

(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

(b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. A notarial officer may not attest to a copy of an official or public record that must be certified by a public official.

(e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in § 3-505 of Title 6.
29 Del. C. § 7909A — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7909A
§ Â
        7909A. Division of Developmental Disabilities Services.
Status: repealed

(a) There is hereby established the Division of Developmental Disabilities Services under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals with developmental disabilities and their families which enable them to make informed choices that lead to an improved quality of life and meaningful participation in their communities.

(c) The Division of Developmental Disabilities Services shall have the following powers and duties:

(1) Provide case management and community-based services including family supports, advocacy, respite, residential setting options, nurse and behavioral consultation, day services, and supported employment services to assist individuals achieve their goals.

(2), (3) [Repealed.]

(4) Provide intermediate care facility residential services.

(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment and financial exploitation. Such investigations may be in coordination with the Attorney General’s Office, law-enforcement or other appropriate agencies.

(e) The Division of Developmental Disabilities Services shall be authorized to promulgate rules and regulations to implement this statute.

(f) It is the intent of the General Assembly for the Division of Developmental Disabilities Services (DDDS) to phase in increases to the rate system for services to adults with intellectual and developmental disabilities (I/DD) based on the market study provided to the Office of Management and Budget and the Controller General on January 17, 2014, by the Department of Health and Social Services Secretary, as subsequently updated with utilization data for fiscal year 2018 and updated component percentages. Subject to available funding, these rates shall be phased in to 100 percent of the benchmarked levels established.
29 Del. C. § 7423 — Delaware Code / Title 29 / Chapter 74 / Section 7423
§ Â
        7423. DEFAC projections and monitoring of debt limits.
Status: in_force

The Delaware Economic and Financial Advisory Council shall publish at least semiannually in December and June the projections described in § 7422(b) of this title. The Council shall also monitor the application and effect of the debt limits imposed by § 7422 of this title and shall report annually to the General Assembly and the Governor with respect thereto. Such reports shall include any recommendations with respect to such debt limits and the then current Debt Affordability Study prepared by the Department of Finance.
29 Del. C. § 520 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 520
§ Â
        520. Custodian designated.
Status: in_force

The chief administrative officer or officers charged by law with the responsibility of maintaining offices having public records shall be the official custodian of such public record. However, upon transfer of any and all public records to the Delaware Public Archives for archival preservation, the State Archivist and Records Administrator shall become the designated custodian.
29 Del. C. § 8232 — Delaware Code / Title 29 / Chapter 82 / Section 8232
§ Â
        8232. State Emergency Response Commission; other personnel.
Status: in_force

Notwithstanding any inconsistent provisions of any public, private or special law, any person who is a bona fide member of, or who is appointed by the State Emergency Response Commission under the authority of § 301(c) [42 U.S.C. § 11001] of Title III, Superfund Amendment and Reauthorization Act of 1986 (SARA), to serve on a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents in this State is not liable for civil damages as a result of any act or omission in the development, review or implementation of such plans unless the act or omission constitutes gross negligence or wilful misconduct.
29 Del. C. § 9007D — Delaware Code / Title 29 / Chapter 90D / Section 9007D
§ Â
        9007D. Division of Employee and Labor Relations.
Status: in_force

(a) The Division of Employee and Labor Relations of the Department of Human Resources is hereby established having powers, duties and functions as follows. The Director of the Division of Employee and Labor Relations shall have the following responsibilities:

(1) To establish management practices that address workplace fairness and stability in accordance with Merit law and Merit Rules.

(2) To assume the central leadership role for the Executive Branch over all matters relating to collective bargaining, and any other personnel and labor relations matters affecting the Executive Branch and its departments and agencies, including negotiations with employee organizations, labor arbitration, Public Employment Relations Board, Department of Labor, Equal Employment Opportunity Commission and other administrative proceedings.

(3) To assume responsibility for any other agreement or arrangements made involving employee organizations that represent employees subject to executive branch authority.

(b) The Director of Employee and Labor Relations shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
29 Del. C. § 7303 — Delaware Code / Title 29 / Chapter 73 / Section 7303
§ Â
        7303. Applicability.
Status: in_force

(a) This chapter shall be applicable to any facility or part of any facility and to any alteration thereto, which, after July 13, 1979, is:

(1) Constructed by or on behalf of the State;

(2) Is leased or rented in whole or in part by the State;

(3) Is financed in whole or in part by the State or by bonds guaranteed in whole or in part by the State.

(b) This chapter shall apply only to the alteration actually being made to any facility and not to any of the surrounding or related area or facility.
29 Del. C. § 8403 — Delaware Code / Title 29 / Chapter 84 / Section 8403
§ Â
        8403. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment.
Status: in_force

(a) (1) The administrator and head of the Department is the Secretary of the Department of Transportation (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office.

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

b. The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.

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

(2) The Secretary may designate a Deputy Secretary who shall be a person qualified by training and experience to perform the duties of the Deputy Secretary’s office. The Deputy Secretary shall serve at the pleasure of the Secretary and shall have all the powers, duties, and functions of the Secretary, except the power to remove employees of the Department or to fix their compensation.

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

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. § 4603 — Delaware Code / Title 29 / Chapter 46 / Section 4603
§ Â
        4603. Term of office; compensation; assistants.
Status: in_force

(a) For appointments made after July 1, 2015, the Chief Defender shall serve for a term of 8 years from the date of appointment.

(b) The Chief Defender may appoint as many assistant attorneys, clerks, investigators, stenographers and other employees as the Chief Defender considers necessary to enable the Office of Defense Services to carry out the responsibilities of the office. Assistant Public Defenders and attorneys contracting with the Office of Conflicts Counsel must be licensed to practice in this State.

(c) The compensation of persons appointed under subsection (b) of this section shall be fixed by the Chief Defender.

(d) Salaried attorneys employed by the Office of Defense Services are prohibited from engaging in the practice of law outside the duties of the Office of Defense Services. Salaried attorneys who have already established private practices as of January 1, 2015, are exempt from the prohibition until May 28, 2025. After May 28, 2025, all salaried attorneys employed by the Office of Defense Services are prohibited from engaging in private law practice.
29 Del. C. § 5552 — Delaware Code / Title 29 / Chapter 55A / Subchapter I / Section 5552
§ Â
        5552. Employment of pensioners.
Status: in_force

An individual shall not receive a pension under this chapter for any month during which the individual is an employee, unless the individual is:

(1) An official elected by popular vote at a regular or special election; or

(2) An official appointed by the Governor; or

(3) A temporary employee whose earnings from such temporary employment do not exceed the maximum allowed by social security without affecting social security benefits; or

(4) A registration or election official, or a juror.
29 Del. C. § 5120 — Delaware Code / Title 29 / Chapter 51 / Section 5120
§ Â
        5120. Paid leave for birth of a child or adoption of a child.
Status: in_force

(a) Any full-time employee, who has been employed by the State for at least 1 year, shall be entitled to 12 weeks of paid leave upon the birth of a child of the employee, or upon the adoption by the employee of a child who is 6 years of age or younger.

(b) Notwithstanding the exhaustion of any benefits provided under the Family and Medical Leave Act (29 U.S.C. § 2601 et. seq.), in the event a mother who is a full-time employee has a pregnancy complication that warrants a prolonged or extended hospitalization of the mother or the infant in the antepartum or immediate postpartum period, including giving birth to monoamniotic twins, or multiples of 3 or more, the mother shall be entitled to unpaid leave for at least 6 weeks following the discharge of the newborn or newborns from the hospital or other medical facility.

(c) The entitlement to leave under subsection (a) of this section shall expire at the end of the 12-month period beginning on the date of such birth or adoption.

(d) Without regard to length of employment, a full-time or part-time employee of the State shall be entitled to use accumulated sick leave upon the birth of a child of the employee, or upon the adoption of a child who is 6 years of age or younger pursuant to the rules adopted by the Merit Employee Relations Board or State Personnel Office.

(e) The rights and benefits described in this section shall run concurrently with any rights and benefits available under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. and short-term disability benefit pursuant to § 5253 of Title 29 for the birth of a child.

(f) No state agency, board, department or other employing officer or agency of this State may alter or terminate the benefits of or terminate the employment of any full-time employee as a result of taking parental leave pursuant to this section.
29 Del. C. § 4335 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4335
§ Â
        4335. Database of notaries public.
Status: in_force

The Secretary of State shall maintain an electronic database of notaries public that does all of the following:

(1) Permits a person to verify the authority of a notary public to perform notarial acts.

(2) Indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on electronic records or notarial acts for remotely located individuals under § 4320 of this title.
29 Del. C. § 5825 — Delaware Code / Title 29 / Chapter 58 / Subchapter III / Section 5825
§ Â
        5825. Institution of higher education compliance with this subchapter [Effective May 22, 2026].
Status: in_force

(a) As used in this section, “institution of higher education” means any public or private educational institution located in this State which provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or advanced degree and that receives moneys from this State, including by an appropriation in the annual appropriations act.

(b) An institution of higher education shall keep the records required to be kept under § 5822 of this title.

(c) Subsection (b) of this section applies to an institution of higher education regarding an employee of the institution of higher education paid in whole or in part with State funds.

(d) On request of the State Auditor, an institution of higher education shall provide the records required under subsection (c) of this section to the State Auditor.

(e) (1) If the State Auditor finds by case decision under subchapter III of Chapter 101 of Title 29 that an institution of higher education is knowingly in violation of subsection (b), (c), or (d) of this section, the State Auditor may impose an administrative penalty as follows:

a. For a first violation, $10,000 for the violation.

b. For a second or subsequent violation within 5 years of the first violation, $50,000 for the violation.

(2) If the State Auditor imposes an administrative penalty under paragraph (e)(1) of this section, the State Auditor shall report the violation and amount of administrative penalty imposed to the Public Integrity Commission, Department of Justice, and the Office of the Controller General.

(f) An institution of higher education shall retain the records required to be kept under this section for 5 years.
29 Del. C. § 913 — Delaware Code / Title 29 / Chapter 9 / Section 913
§ Â
        913. Legislation affecting fees charged by state agencies.
Status: in_force

(a) The Office of the Controller General shall prepare a statement to be attached to legislation that proposes a fee to be charged by, or an increase in a fee charged by, a state agency. The statement must include an explanation of all of the following:

(1) The purpose of the proposed fee or fee increase.

(2) A general identification of the persons, business entities, or organizations affected by the legislation.

(3) Impact of the proposed fee or fee increase on these affected persons, business entities, or organizations.

(4) Intended use by the agency of the revenues generated by the proposed fee or fee increase.

(b) (1) The Office of the Controller General shall contact the state agency in preparation of the statement. The Office of the Controller General shall review or audit the information provided by the agency as deemed necessary to evaluate the reasons presented for the proposed fee or fee increase and shall include in the statement a report of its findings.

(2) The Office of the Controller General shall attach the statement to the legislation before the legislation’s initial committee consideration in the House of origin.

(c) Each House may waive the requirements of this section as to legislation pending before the House by a vote of the majority of all members elected to the House.
29 Del. C. § 6507 — Delaware Code / Title 29 / Chapter 65 / Section 6507
§ Â
        6507. Fiscal year.
Status: in_force

The fiscal year of all agencies shall begin on July 1 in each calendar year, and end on June 30 of the succeeding calendar year.
29 Del. C. § 10204 — Delaware Code / Title 29 / Chapter 102 / Section 10204
§ Â
        10204. Committee staff; appropriations.
Status: in_force

(a) Employees of the Division of Legislative Services and of the Office of the Controller General serve as the permanent staff of the Committee.

(b) The Committee may, by the affirmative vote of at least 6 members, provide for other assistance, equipment, or expenditures that are within the limits of the Committee’s budget. The General Assembly shall appropriate funds that it considers necessary to carry out the Committee’s activities and goals.
29 Del. C. § 8012 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8012
§ Â
        8012. Division of Watershed Stewardship.
Status: in_force

The Division of Watershed Stewardship is established having powers, duties and functions as follows:

(1) The Division of Watershed Stewardship shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Soil and Water Conservation Commission, pursuant to Chapters 39 and 41 of Title 7.

(2) The administrative, ministerial, fiscal and clerical functions of the Boards of Ditch Commissioners, set forth in Chapter 41 of Title 7, shall be performed by the Division of Watershed Stewardship. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Boards of Ditch Commissioners shall remain as prescribed by Chapter 41 of Title 7.
29 Del. C. § 2111 — Delaware Code / Title 29 / Chapter 21 / Section 2111
§ Â
        2111. Observance of Delaware Head Start Week.
Status: in_force

(a) The Governor shall proclaim the last week of the month of March each year as Delaware Head Start Week.

(b) The Governor shall issue annually a proclamation calling upon all administrators, staff and volunteers at all Head Start Programs and Early Childhood Assistance Programs in the State to arrange special programs during and in observance of Delaware Head Start Week and calling upon the people of the entire State to observe it in some fitting manner.
29 Del. C. § 9016D — Delaware Code / Title 29 / Chapter 90D / Section 9016D
§ Â
        9016D. Misnomer in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department of Human Resources or any predecessor agency thereof if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby the estate or interest therein expressed or described to the Department or to any commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions have been transferred to the Department.
29 Del. C. § 2707 — Delaware Code / Title 29 / Chapter 27 / Section 2707
§ Â
        2707. Payment of vouchers upon approval; method of payment.
Status: in_force

(a) All vouchers for the payment of money issued by any department, commission or board of the State, including those requiring the approval of the Governor, shall be paid by the State Treasurer upon the certification by the proper officers of the department, commission or board and the approval thereof by the Secretary of Finance. Methods of payments may include checks, drafts and electronic funds transfers.

(b) Notwithstanding subsection (a) of this section, the Office of the State Treasurer shall make payments to vendors for goods or services provided to any department, commission, or board of the State via direct deposit (ACH payment), single use account (SUA payment), or the State’s procurement card (PCARD payment) only, unless an exception is approved by the Office of the State Treasurer and the Division of Accounting. This section does not apply to single payment vouchers, 1-time suppliers, forced payouts conducted at year end by the Division of Accounting, or legal settlements.
29 Del. C. § 10116 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10116
§ Â
        10116. Written submittals.
Status: in_force

Before adopting, amending or repealing any regulation, an agency shall give notice as prescribed in § 10115 of this title and shall receive all written suggestions, compilations of data, briefs or other written materials submitted to it by any person. The agency, in its discretion, may designate a subordinate to organize, classify, summarize and make recommendations with respect to the materials, which recommendations may be considered with the materials by the agency in reaching its conclusions.
29 Del. C. § 10302 — Delaware Code / Title 29 / Chapter 103 / Section 10302
§ Â
        10302. Definitions.
Status: repealed

As used in this chapter:

(1) [Repealed.]

(2) “License” means the whole or part of any agency permit, license, certificate, approval, registration, charter or any form or permission required by law, including agency rule, to engage in any activity.

(3) “Master license” means the document designed for public display issued by the system which certifies individual state agency approval for licenses the State requires for any person subject to this chapter.

(4) [Repealed.]

(5) “System” means the business registration and licensing center established by this chapter.
29 Del. C. § 7904 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7904
§ Â
        7904. Division of Public Health; Department of Health and Social Services.
Status: in_force

(a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services for the purpose of protecting and promoting the health of the people.

(b) “Core public health and preventive services” as used in this section are those activities that lay the groundwork for health communities. They are activities that protect people from diseases and injury. They include activities that:

(1) Prevent and control communicable disease epidemics;

(2) Promote healthy behaviors to control chronic disease;

(3) Monitor the health of the population through data analysis and epidemiological studies;

(4) Result in policies to promote the health of the public;

(5) Assure quality health services and systems for the population;

(6) Result in the setting of standards for the protection of the public’s health;

(7) Provide assistance during disasters;

(8) Assess environmental health risks; and

(9) Offer health protection strategies to environmental control agencies.

(c) The mission of the Division is to protect and promote the health of the people. The Division’s responsibilities include the following:

(1) Monitor and assess the health status of the population of the State.

(2) Use scientific knowledge as the basis to promote public policy to protect the health of the people.

(3) Perform duties and functions as may be necessary to assure the protection of the public’s health.

(d) The Division shall provide core public health and preventive services that include the following:

(1) Advocate for and facilitate a strong public health delivery system that assures all Delaware citizens have access to core public health and preventive services.

(2) Serve as the focal point in bringing together public and private entities to create public health objectives and strategies for Delaware.

(3) Facilitate and support community efforts, including the creation of public/private partnerships, for the prevention of disease and injury and the promotion of health.

(4) Monitor the health of the population through the collection and analysis of data on health status, including epidemiological and other studies of health problems.

(5) Develop and provide information on the prevention and control of health problems affecting the population, including environmentally-related illness, communicable disease, chronic disease, injury and such other problems as may affect the public’s health.

(e) The Secretary of the Department of Health and Social Services shall receive and disburse all funds available to the State from any source including, but not limited to, the United States Government, to be used for the benefit of the public health, unless the receipt and disbursal of such funds is otherwise provided by law.

(f) The Director of the Division shall be the State Health Officer and State Registrar of Vital Statistics and shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions as delegated to the Director by the Secretary of the Department of Health and Social Services.

(g) The Division is authorized to operate the following programs for which a fee for service is charged to cover the cost of the program: Child Health, Vanity Birth Certificate, Public Water, Medicaid Enhancements, Infant Mortality, Medicaid Aids Waiver, Children with Special Needs, Family Planning, Newborn, Indirect Costs, Vaccines, Food Inspection, Medicaid Contractors/Lab Testing and Analysis, Tuberculosis (TB), Sexually Transmitted Diseases (STD), Preschool Diagnostic and Development Nursery (PDDN), Home Visits, Food Permit, Water Operator Certification, Long-Term Care Prospective Payment, Long-Term Care IV Therapy, and Health Statistics. Notwithstanding the provisions of § 6102 of this title, the Division shall be allowed to collect and expend fees from the aforementioned accounts except that the Children with Special Needs and Child Health programs shall continue to deposit 30 percent of program collections to the General Fund.
29 Del. C. § 5525 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5525
§ Â
        5525. Payment of service pension.
Status: in_force

Service pension payments shall be made to a retired employee or former employee for each month beginning with the month in which the retired employee or former employee becomes eligible to receive such pension and ending with the month in which the retired employee or former employee dies.
29 Del. C. § 8021 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8021
§ Â
        8021. Definitions and references in other laws.
Status: in_force

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

(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. § 8727 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8727
§ Â
        8727. Division of the Arts â Establishment; powers and duties.
Status: in_force

The Division of the Arts is established and it shall function, as required, as an advisory, coordinating or implementing agency:

(1) To promote and encourage public interest in the cultural heritage of our State and to expand the State’s cultural resources, and to promote public education in all fields of artistic and cultural activities, including but not limited to, music, theater, dance, painting, sculpture, architecture and allied arts and crafts;

(2) To encourage and assist freedom of artistic expression;

(3) To encourage, promote and provide technical and professional assistance to arts programs of individuals, organizations and institutions in the State;

(4) To make such surveys as may be deemed advisable of public and private institutions engaged in artistic and cultural activities, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the needs and aspirations of persons in all parts of the State; and

(5) To cooperate with and assist public and private institutions and organizations with a view toward mutual promotion and improvement of the performing and fine arts.
29 Del. C. § 4307 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4307
§ Â
        4307. Term of office; fees; resignation.
Status: repealed

(a) An individual is to be initially commissioned as a notary public for a term of 2 years. A notary public who wishes to renew the notary public’s commission may request a 2-year reappointment or a 4-year reappointment. An individual must pay a nonrefundable application fee of $60 for a 2-year term or $90 for a 4-year term.

(b), (c) [Repealed.]

(d) A notary public who wishes to resign from office or who no longer meets the qualifications for a commission during the notary’s term of office shall immediately mail or deliver the official commission to the Secretary of State, who shall cancel the same.

(e) [Repealed.]

(f) If any person shall knowingly or wilfully make any false or fraudulent statement or misrepresentation in or with reference to any application for a notary commission or any other document required by this chapter, the person is guilty of perjury.
29 Del. C. § 10114 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10114
§ Â
        10114. Requests for regulation-making proceedings.
Status: in_force

Proceedings for the adoption, amendment or repeal of a regulation may be initiated by an agency on the motion of an agency member or at the request of any person who so petitions the agency on a form prescribed for that purpose by the Director of the Office of Management and Budget. The agency at its next regular meeting shall either grant the petition and initiate the proceedings specified by this chapter or deny the petition and give its reasons for doing so. If the petition is received by the agency within 5 days of such meeting, the agency may defer action on the petition until the next succeeding regular meeting.
29 Del. C. § 2532 — Delaware Code / Title 29 / Chapter 25 / Subchapter III / Section 2532
§ Â
        2532. Notice to the Attorney General.
Status: in_force

A not-for-profit health-care entity seeking to engage in a not-for-profit healthcare conversion transaction is required to provide written notice of its intent to enter into the transaction to the Attorney General of the State at least 180 days prior to the closing date of the proposed transaction.
29 Del. C. § 10124 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10124
§ Â
        10124. Public hearings; notice.
Status: in_force

When required by law or when the parties do not consent to informal proceedings, or when the matters at issue involve price fixing, rate making or similar matters of general public interest, as determined by the agency, the agency shall conduct a formal, public evidentiary hearing to which the following provisions shall apply:

(1) The notice required by § 10122 of this title shall be published in at least 2 Delaware newspapers of general circulation and shall be advertised by electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by May 1, 2013, which shall be accessible to the public; and

(2) Applicants for licenses, renewals and other rights or benefits shall not be entitled to prior notice of application requirements but shall receive notice of any proposed contest of such applications.
29 Del. C. § 7992 — Delaware Code / Title 29 / Chapter 79 / Subchapter IX / Section 7992
§ Â
        7992. Operation of the program.
Status: repealed

The program shall:

(1) Operate for the purposes of:

a. Preventing the transmission of HIV, the Hepatitis B virus, and other blood borne diseases; and

b. Providing injection drug users with referrals to appropriate treatment and other health and social services programs.

(2) Provide needles and syringes on an as-needed basis, whereby a participant receives sterile needles and syringes based on need and usage.

(3) Be designed to prevent noninjection drug users from participating in the program.

(4) Be designed and maintained to provide maximum security of program sites and equipment, including security measures that shall be required to allow for: identification of program needles; a full accounting of the number of needles distributed; the number in storage; safe disposal of returned needles, and any other measures that may be required to control the use and dispersal of sterile needles and syringes, provided however that a participant may return used needles and syringes at any program site if more than 1 site is available.

(5) Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing community referrals, counseling, and preventive education.

(6) Include services to:

a. Educate the participants about the dangers of contracting HIV or hepatitis viruses through needle-sharing practices and unsafe sexual behaviors;

b. Provide HIV testing and other communicable disease testing as appropriate when available;

c. Provide a linkage for referrals to drug counseling and treatment services, and follow-up to those referrals to assure that participants are retained in care and receive available treatment.

(7) Establish procedures for identifying participants consistent with the confidentiality provisions of this subchapter.

(8) Establish a method of identification and authorization for program staff members who have access to hypodermic needles, syringes, or program records.

(9) Program structure and delivery methods will be designed in response to the local community in which the program operates.

(10) [Repealed.]
29 Del. C. § 6971 — Delaware Code / Title 29 / Chapter 69 / Subchapter V / Section 6971
§ Â
        6971. Short title; declaration of policy.
Status: in_force

(a) This subchapter shall be known and may be cited as the “Energy Performance Contracting Act.”

(b) The General Assembly finds that investment in energy conservation measures in agency facilities can reduce the amount of energy consumed and produce immediate and long-term savings. It is the policy of this State to encourage agencies to invest in energy conservation measures that reduce energy consumption, produce a cost savings for the agency, and improve the quality of indoor air in public facilities and to operate, maintain, and when economically feasible, build or renovate existing agency facilities in such a manner as to minimize energy consumption and maximize energy savings. It is further the policy of this state to encourage agencies to reinvest any energy savings resulting from energy conservation measures in additional energy conservation efforts.
29 Del. C. § 9015B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9015B
§ Â
        9015B. Satisfaction of bonds.
Status: in_force

The bonds filed and recorded in the offices of the recorders of deeds in this State shall at the time designated in this subchapter be marked by the recorder “cancelled” and under the word “cancelled” the recorder shall sign the recorder’s name as recorder and shall affix the official seal of office. The bond filed and recorded in the offices of the Prothonotaries of the Superior Courts in this State shall at the time designated in this subchapter be marked by the Prothonotary “cancelled” and under the word “cancelled” the Prothonotary shall sign the Prothonotary’s name as Prothonotary and shall affix the official seal of office, and the original bonds shall be returned to the obligors, or if they are deceased, to their legal representatives.
29 Del. C. § 7723 — Delaware Code / Title 29 / Chapter 77 / Subchapter II / Section 7723
§ Â
        7723. Conflict with other laws.
Status: in_force

Notwithstanding any law of this State, municipal charter, or ordinance of a political subdivision of this State to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this subchapter.
29 Del. C. § 2518 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2518
§ Â
        2518. Office of Foreclosure Prevention and Financial Education.
Status: repealed

(a) The Office of Foreclosure Prevention and Financial Education is hereby established within the Division of Consumer Protection under the direction and control of the Director.

(b) The Office of Foreclosure Prevention and Financial Education is established for the following purposes:

(1) To develop and implement programs to educate the public about foreclosure prevention and financial literacy;

(2) To identify mortgage foreclosure fraud or other deceptive practices;

(3) To provide for opportunities for borrowers to meet with lenders through outreach events or mediation programs;

(4) To establish a toll-free telephone number to receive complaints from homeowners at risk of default for appropriate referral or intervention;

(5) To serve as a liaison between borrowers and lenders when complex issues may be impeding loss mitigation efforts; and

(6) To promote coordination among government and private programs and lenders including, but not limited to, HUD approved housing counseling agencies, legal aid providers, and other nonprofit consumer advocates.

(c) The structure of the Office of Foreclosure Prevention and Financial Education will be determined by the Attorney General and include a Foreclosure Outreach Coordinator and 2 administrative specialists.

(d) [Repealed.]
29 Del. C. § 6092 — Delaware Code / Title 29 / Chapter 60E / Section 6092
§ Â
        6092. Funding.
Status: in_force

(a) Appropriations for the program will be made to the Council through the annual Appropriations Act in a separate line item appropriation. The Council is authorized to accept private donations and federal funding to support the program.

(b) The Council may use up to 5% of the amount appropriated for the program to cover costs of administering the program.
29 Del. C. § 2511 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2511
§ Â
        2511. Tenure.
Status: in_force

(a) Any attorney or other employee regularly employed by the Department of Justice to render services shall be appointed by the Attorney General to serve at the Attorney General’s pleasure. After 3 years full-time service the employee shall have attained tenure and shall continue to be regularly employed during efficient and good behavior and shall not be removed because of religious or political opinions or affiliations or except for due cause, after a hearing before a court consisting of 3 judges of the Superior Court of the State.

(1) As a condition of attaining tenure, every Deputy Attorney General within the Criminal Division shall be required to attend and complete, within the first 3 years of service, seminars conducted by the National College of District Attorneys or any other appropriate organization approved by the Attorney General on the subjects of child sexual and physical abuse, exploitation and domestic violence.

(2) Any Deputy Attorney General in the Criminal Division who has received tenure prior to the effective date of this educational requirement shall be required to attend and complete said seminars within 3 years from the date hereof.

(3) As a condition of retaining the tenure rights conferred by this section, every Deputy Attorney General within the Criminal and Family Divisions shall be required to attend and complete at least 4 hours every 3 years of training on the subjects of child sexual and physical abuse, exploitation and domestic violence. Such training shall be conducted by the National College of District Attorneys, coordinated with the training available pursuant to §§ 911 and 931(b)(4) of Title 16, or otherwise performed by any other appropriate organization approved by the Attorney General. Such training shall also include the mandatory reporting obligations imposed by Delaware law, including reporting under the Medical Practice Act [Chapter 17 of Title 24] and § 903 of Title 16, and federal law in the reporting of child sexual and physical abuse. The failure to complete such training shall be a forfeiture of the rights conferred by this section.

(b) The term “full time,” when used in reference to attorneys in this section, prohibits such attorneys from engaging in the private practice of law. The term “regularly employed,” as used in this section, refers to those attorneys and other employees appointed or employed on a full-time basis by the Department of Justice. The Attorney General shall so designate such attorneys and other employees in writing at the time of their employment or at such other time at the Attorney General’s pleasure.

(c) Nothing contained in this section shall limit the power of the Attorney General to assign attorneys or other employees to any of the various positions provided for in this chapter and to change said personnel in said positions from time to time at the Attorney General’s pleasure; provided, however, that any attorney or other employee who shall have been regularly employed in a certain position may not be deprived of regular employment or tenure by virtue of such change of position.
29 Del. C. § 1712 — Delaware Code / Title 29 / Chapter 17 / Section 1712
§ Â
        1712. Assumption of powers and duties of member of emergency interim successor.
Status: in_force

(a) If, in the event of an emergency event, a member is unavailable, the member’s emergency interim successor highest in order of succession who is not unavailable shall exercise the powers and assume the duties of the member, except for the power and duty to appoint emergency interim successors under this chapter.

(b) An emergency interim successor shall exercise the powers and assume the duties under subsection (a) of this section until 1 of the following can act:

(1) The incumbent member.

(2) An emergency interim successor higher in order of succession.

(3) A member appointed or elected and legally qualified.

(c) Each House of the General Assembly shall, in accordance with its own rules, determine who is entitled under this chapter to exercise the powers and assume the duties of its members.

(d) All provisions of the Delaware Constitution and other laws of this State pertaining to the ouster of a member are applicable to an emergency interim successor who is exercising the powers and assuming the duties of a member.
29 Del. C. § 7931 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7931
§ Â
        7931. Division of Medicaid and Medical Assistance.
Status: in_force

(a) There is hereby established the Division of Medicaid and Medical Assistance under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The mission of the Division of Medicaid and Medical Assistance is to maximize the well-being and quality of life for eligible low-income individuals and other vulnerable populations through the provision of overall leadership and direction in administering responsive, effective, and efficient health-care benefits.

(c) The Division of Medicaid and Medical Assistance shall have the power to perform and is responsible for the performance of all of the powers, duties, and functions specifically related to, Medicaid, the Delaware Healthy Children Program, the Delaware Prescription Assistance Program, the Chronic Renal Disease Program, and other health insurance related programs as administered through the Department of Health and Social Services.

(d) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health-care nursing services provider and a Medicaid-contracted organization, all hourly home health-care nursing services paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.

(e) The Division of Medicaid and Medical Assistance shall have the power to promulgate rules and regulations to implement this section.

(f) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health or home care services provider and a Medicaid-contracted organization, all home health or home care services for Medicaid long-term care services and support providers paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.
29 Del. C. § 315 — Delaware Code / Title 29 / Chapter 3 / Section 315
§ Â
        315. State butterfly.
Status: in_force

The tiger swallowtail (Pterourus glaucus) is the official butterfly of the State.
29 Del. C. § 5803 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5803
§ Â
        5803. Construction.
Status: in_force

This subchapter shall be construed to promote high standards of ethical conduct in state government.
29 Del. C. § 8310 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8310
§ Â
        8310. 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 Budget Director, State Tax Department, State Tax Board, Collector of State Revenue, State Treasurer, Arbitration Committee, Disability Commission, Board of State Employees’ Pension Trustees, Board of State Judiciary Pension Trustees and State Police Pension Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions hereinabove expressly vested in or retained by any such person, department, board, commission or agency.
29 Del. C. § 5808B — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5808B
§ Â
        5808B. Commission Counselâs appointment contingent upon appropriations.
Status: in_force

The Commission Counsel established by § 5808A of this title shall not be appointed by the Commission until adequate funds have been appropriated for such purpose. In the absence of such appointment, the Attorney General shall provide legal assistance to the Commission and shall exercise any duties assigned to the Commission Counsel by this chapter. Such duties may also be exercised by outside counsel chosen by the Commission, if adequate funds are appropriated for such purpose.
29 Del. C. § 324 — Delaware Code / Title 29 / Chapter 3 / Section 324
§ Â
        324. State shell.
Status: in_force

The shell of the channeled whelk (Busycotypus canaliculatus) shall be the official shell of the State.
29 Del. C. § 5503 — Delaware Code / Title 29 / Chapter 55 / Subchapter I / Section 5503
§ Â
        5503. 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 or for benefits payable under § 5546 of this title, 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. § 7518 — Delaware Code / Title 29 / Chapter 75 / Section 7518
§ Â
        7518. Approval of plans.
Status: in_force

The final plans, specifications and estimates of costs of school construction under any school construction bond authorization act and this chapter shall be approved by the Department of Education. No board of education shall change or alter the final plans as approved without the written consent of the Department of Education or its designated representatives.
29 Del. C. § 2508 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2508
§ Â
        2508. Power to administer oaths and affirmations; compelling attendance of persons and witnesses; delivery of witness lists.
Status: in_force

(a) The Attorney General or any assistant may administer oaths and affirmations to any person, including witnesses, at any time or in any place and may issue process to compel the attendance of persons, witnesses and evidence at the office of the Attorney General or at such other place as designated.

(b) The Attorney General shall have the right of access at all times to the books, papers, records and other documents of any officer, department, board, agency, instrumentality or commission of the state government. The Attorney General shall not have this right of access for purposes of discovery in any civil actions brought by or on the relation of the Attorney General other than for the books, papers, records, and documents of the Department of Justice.

(c) The Attorney General shall transmit to the Prothonotaries of the counties of this State a certified list giving the names and addresses of persons or witnesses subpoenaed under this section, the time occupied in attendance and the distance traveled by them respectively. The list shall be legal proof, and the same costs shall accrue and be paid in the same manner as is provided by law to be paid to witnesses for attendance at the courts of this State.
29 Del. C. § 6528 — Delaware Code / Title 29 / Chapter 65 / Section 6528
§ Â
        6528. Transfer of funds.
Status: in_force

(a) No transfer of funds from 1 item of account to another on the books of any agency shall be made without the approval of the Director of the Office of Management and Budget.

(b) No transfer of appropriated general funds from 1 item of account to another on the books of any agency shall be made without the approval of the Director of the Office of Management and Budget and the Controller General.

(c) Appropriated general funds shall remain within the department or agency to which appropriated and shall not be transferred for use by another department or agency, except as provided by law or within the provisions of subsection (d) of this section.

(d) Appropriated general funds may be transferred within a department or agency of the State, subject to the authority and limitations set forth in Part VI of this title, and the approval by the Controller General, except that approval by the Controller General is not required on transfers from the Budget Commission; provided, however, that no funds may be transferred into appropriations for “personnel costs,” “salaries” or “salaries and wages” from appropriations for nonsalary items. Funds appropriated by the Budget Appropriation Bill for “contingency funds” shall not be used for the payment of a line-item salary, except as otherwise specifically provided by law and for the sole purpose of maintaining the salary schedule set forth for school employees in Chapter 13 of Title 14.

(e) The provisions of subsection (d) of this section are waived with respect to the Department of Technology and Information. Requests from the Secretary of the Department of Technology and Information for transfer of unexpended funds appropriated to personnel costs to “contractual services — equipment rental” may be made upon approval of the Director of the Office of Management and Budget and the Controller General.

(f) In the event the appropriation set forth by the Budget Appropriation Bill to any department or agency is excessive or inadequate, the Director of the Office of Management and Budget, with concurrence of the Controller General, is authorized to transfer funds among the various departments for:

(1) Specific nonroutine requirements, which shall be documented and controlled through separate accounts within the Office of Management and Budget contingencies.

(2) Personnel costs to meet overall state personnel cost requirements. Such transfers shall be fully documented.

(3) Matching funds and public education funds where extended educational components may be administered within other departments or agencies.

(g) Agencies having appropriated special funds in § 1 of the Budget Appropriation Bill and only 1 holding account may directly deposit funds into their appropriation lines, not to exceed the total appropriation for each line contained in § 1 of the Budget Appropriation Bill. Any additional receipts must be deposited in the holding account.

(h) Transfers among the various appropriated special fund appropriation lines, excluding those in subsection (f) of this section and from a holding account into an expenditure account, require the approval of the Director of the Office of Management and Budget and Controller General.

(i) Agencies completing organization restructuring approved in § 1 of the Budget Appropriation Bill or any other legislation authorizing such organizational changes are hereby authorized to transfer funds between organizational units. These transfers shall not require the approval of the Director of the Office of Management and Budget or Controller General.

(j) All General Fund and appropriated special fund transfers requested by public education require the approval of the Director of the Office of Management and Budget and Controller General.
29 Del. C. § 5402 — Delaware Code / Title 29 / Chapter 54 / Section 5402
§ Â
        5402. Facsimile signature.
Status: in_force

(a) Any authorized officer, after filing with the Secretary of State a manual signature certified by the authorized officer under oath, may execute or cause to be executed with a facsimile signature in lieu of a manual signature:

(1) Any public security, provided that at least 1 signature required or permitted to be placed thereon shall be manually subscribed; and

(2) Any instrument of payment.

(b) Upon compliance with this chapter by the authorized officer, a facsimile signature has the same legal effect as a manual signature.
29 Del. C. § 2311 — Delaware Code / Title 29 / Chapter 23 / Section 2311
§ Â
        2311. Disposition of moneys received; Division of Corporations Corporate Revolving Fund; Secretary of State Special Operations Fund.
Status: in_force

(a) All fees which are by law taxable by and payable to the Secretary of State, except those fees collected pursuant to §§ 9-525(d)(3), 15-1207(b), 17-1107(b), and 18-1105(b) of Title 6, § 3813(b) of Title 12, § 391(h) of Title 8 and §§ 2318 and 4307 of this title, shall be collected by the Secretary of State and paid into the State Treasury, provided however that an amount equal to 23% of all fees assessed pursuant to § 9-525 of Title 6 (excluding any fees assessed pursuant to § 9-525(d)(3) of Title 6 and any fees assessed pursuant to § 9-525(a)(2) of Title 6 in excess of $15), and an annual amount not to exceed $1 million equal to the sum of:

(1) All fees and taxes collected pursuant to Chapter 69 of Title 18 required by law to be transferred to the General Fund, and

(2) Those fees collected pursuant to §§ 3813(a)(2) and 3862(1) of Title 12,

shall be remitted monthly to the treasury of the City of Wilmington. To ensure implementation of this subsection, the Insurance Commissioner shall, transfer any amounts collected subsequent to June 30, 2007, pursuant to Chapter 69 of Title 18 and required by law to be transferred to the General Fund to the Secretary of State.

(b) There is hereby created, within the Division of Corporations, a special fund to be designated as the Division of Corporations Corporate Revolving Fund which shall be used in the operation of the Division of Corporations in the performance of special requests for services and the funding of appropriated special funds positions.

(c) All fees which are by law payable to the Secretary of State pursuant to §§ 9-525(d)(3), 15-1207(b), 17-1107(b), and 18-1105(b) of Title 6, § 3813(b) of Title 12 and § 391(h) of Title 8 and § 4307 of this title shall be deposited in the State Treasury to the credit of said Division of Corporations Corporate Revolving Fund. No other fees or taxes collected by the Secretary of State shall be deposited in said Fund.

(d) Funds in the Division of Corporations Corporate Revolving Fund shall be used by the Division of Corporations in the performance of the functions and duties involved in creating and maintaining the capability to perform services in response to special requests for the same day service and 24-hour turnaround service.

(e) The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2001 shall be $1,300,000 and any amount in excess thereof shall be transferred to the General Fund of the State. The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2002 and any subsequent fiscal year thereafter shall be $1,000,000 and any amount in excess thereof shall be transferred to the General Fund of the State.

(f) There is hereby created, within the office of the Secretary of State, a special fund to be designated as the Secretary of State Special Operations Fund. Funds deposited in said Special Operations Fund shall be used to maintain and improve the capability to perform the operations, functions and duties of the Secretary of State, including but not limited to maintaining and improving the statewide communications network maintained by the Secretary of State, creating, maintaining and improving electronic files, creating, maintaining and improving the ability to provide remote access to electronic files maintained by the Secretary of State and funding appropriated positions relating to such activities.

(g) All fees which are by law payable to the Secretary of State pursuant to § 2318 of this title shall be deposited in the State Treasury to the credit of said Secretary of State Special Operations Fund. No other fees or taxes collected by the Secretary of State shall be deposited in said Fund.
29 Del. C. § 7509 — Delaware Code / Title 29 / Chapter 75 / Section 7509
§ Â
        7509. Determination of necessity.
Status: in_force

The Department of Education shall determine the present necessity for any school construction program as authorized by any school construction bond authorization act in the several school districts of the State and, in so doing, shall take into consideration the actual and projected number of pupils in the requesting school district as determined by the most current September 30 Unit Count and a standardized annual population projection prepared by or approved by the Office of State Planning Coordination, the feasibility and possibility of the consolidation of school districts, the present and future possibility of overcrowding of school facilities within the school district, the condition and quality of existing school facilities within the district and all other matters and conditions pertinent to the determination of the present necessity of the school construction program, including the reasonable future development or dissolution of the school district. In making such determination of necessity, the Department of Education shall have the authority to make a determination of necessity of a school construction program for a school district which will have a lesser total cost than the maximum total cost for such school district set forth in any school construction bond authorization act. Whenever a determination of necessity of a school construction program is made in an amount less than the total maximum cost for such school district as set forth in any school construction bond authorization act, the state share and the local share shall be reduced in the proportions they bear to the total maximum cost set forth in that act. No determination of necessity for school construction shall be made until the school district shall have identified at least 1 proposed site for such construction, which site shall have been approved as required by § 7525(a) of this title.
29 Del. C. § 8222 — Delaware Code / Title 29 / Chapter 82 / Section 8222
§ Â
        8222. Short title.
Status: in_force

Sections 8223-8230 of this title shall be known and may be cited as the “Hazardous Materials Transportation Act of 1979.”
29 Del. C. § 5575 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5575
§ Â
        5575. Payment of service pension.
Status: in_force

Service pension payments shall be made to a retired member for each month beginning with the month in which the retired member became eligible to receive such pension and ending with the month in which the retired member dies.
29 Del. C. § 5053 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5053
§ Â
        5053. Established; organization [Transferred].
Status: in_force

Transferred to § 8753A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 323 — Delaware Code / Title 29 / Chapter 3 / Section 323
§ Â
        323. State wildlife animal.
Status: in_force

The grey fox is the official wildlife animal of the State.
29 Del. C. § 6077 — Delaware Code / Title 29 / Chapter 60B / Section 6077
§ Â
        6077. Termination.
Status: in_force

The First State Quality Improvement Fund may be terminated by the General Assembly, upon the recommendation of the Joint Finance Committee when, in the opinion of the Joint Finance Committee, the program has not realized improvement in agency performance, monetary savings to the State or any other reason in which agency or employee performance has not demonstrated proof of improvements to the delivery of Delaware state services. Additionally, the Fund may be terminated when all moneys from the Fund have been expended and no further appropriation is approved by the General Assembly.
29 Del. C. § 8746A — Delaware Code / Title 29 / Chapter 87A / Subchapter V / Section 8746A
§ Â
        8746A. Legislative intent.
Status: in_force

The General Assembly finds that small businesses in the State are of vital significance to Delaware’s economic well-being and that small businesses provide the vast majority of jobs in the State. The General Assembly also finds that small businesses have a difficult time borrowing needed funds on a conventional basis due to the high cost of these funds and the reluctance of banks to provide 100 percent financing. To help allay these obstacles, the General Assembly hereby directs the Division to use the Small Business Revolving Loan and Credit Enhancement Fund to assist small businesses in reducing the cost of loan funds by offering partial, low-cost loans or by purchasing credit enhancements for small business’ sustenance and growth.
29 Del. C. § 8072 — Delaware Code / Title 29 / Chapter 80 / Subchapter III / Section 8072
§ Â
        8072. Definition.
Status: in_force

For purposes of this subchapter:

(1) “Appointed member” means an individual appointed by the Governor under § 8073(a)(2) of this title.

(2) “Commission” means the Delaware Native Species Commission.

(3) “DNREC” means the Department of Natural Resources and Environmental Control.

(4) “Task force recommendations” means the recommendations in the final report of the Statewide Ecological Extinction Task Force established by Senate Concurrent Resolution No. 20 of the 149th General Assembly.
29 Del. C. § 5312 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5312
§ Â
        5312. Application for benefits.
Status: in_force

The Board may require any employee, former employee or eligible survivor to furnish such information as may be required for the determination of benefits under this chapter, or to authorize the Board to procure such information including, but not limited to, information regarding benefits pursuant to the federal Social Security Act [42 U.S.C. § 301 et seq.]. The Board may withhold payment of any pension under this chapter whenever the determination of such pension is dependent upon such information and the employee, former employee or eligible survivor does not cooperate in the furnishing or procuring thereof.
29 Del. C. § 8511 — Delaware Code / Title 29 / Chapter 85 / Section 8511
§ Â
        8511. Industrial Accident Board.
Status: in_force

(a) The Industrial Accident Board, created by Title 19, is continued.

(b) Except as otherwise provided in § 8510(b) of this title, the Industrial Accident Board is vested with the membership, remuneration, organization, meetings, powers, duties and functions heretofore vested in the Industrial Accident Board by law, including jurisdiction of all cases arising under Chapter 23 of Title 19. The right of appeal from determinations of the Industrial Accident Board heretofore existing pursuant to law is hereby continued.
29 Del. C. § 1134 — Delaware Code / Title 29 / Chapter 11 / Subchapter III / Section 1134
§ Â
        1134. Powers and duties of the Registrar in preparation and maintenance of the Register of Regulations.
Status: in_force

(a) The Registrar in the course of compiling and maintaining the Register of Regulations shall:

(1) In writing, notify all agencies authorized to make regulations that they are to submit to the Division copies of all proposed regulations as well as all subsequent amendments, repeals, additions or new or proposed regulations as they are proposed and statements of purpose thereof;

(2) Advise agencies as to the form and style of the regulations, as well as, to the extent practicable, the classification thereof into categories of substance, procedure and organization;

(3) Have the authority to make revisions to both proposed and existing regulations that do not alter the sense, meaning or effect of such regulations, including, but not limited to:

a. Renumbering and rearranging sections or parts of sections;

b. Transferring of sections or dividing of sections so as to give to distinct subject matters a separate section number, but without changing the meaning;

c. Inserting or changing the wording of headnotes;

d. Change reference numbers to agree with renumbered regulations or sections thereof;

e. Substituting the proper section or regulation number for the terms “this regulation”, “the preceding section” and the like;

f. Striking out figures where they are merely a repetition of written words and vice versa;

g. Changing capitalization for the purpose of uniformity;

h. Correcting of manifest typographical and grammatical errors; and

i. Making any other purely formal or clerical changes in keeping with the purpose of the revision.

(4) Have the authority to promulgate rules and regulations;

(5) Have authority to publish the full text or a summary of proposed, final or emergency regulations; and

(6) Publish the following month all proposed regulations received by the 15th of the month preceding.

(b) The Registrar may include in the Register of Regulations such other governmental information as the Registrar deems appropriate.
29 Del. C. § 5036 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-A / Section 5036
§ Â
        5036. Duties [Transferred].
Status: in_force

Transferred to § 8736A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 10602 — Delaware Code / Title 29 / Chapter 106 / Section 10602
§ Â
        10602. Definitions [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

For purposes of this chapter:

(1) “Auxiliary aid” means as “auxiliary aids and services” is defined in 28 C.F.R. § 35.104.

(2) “Effective communication” means appropriate steps must be taken to ensure that communications with individuals with disabilities or LEP are as effective as communications with others. Federal and Delaware state law and regulation, and the interpretation thereof, govern how to determine whether “effective communication” has been provided.

(3) “Individual with a disability” means as “disability” is defined in 42 U.S.C. § 12102 and as “person with a disability” is defined in § 4502 of Title 6, when the disability affects communication.

(4) “Limited English proficiency” or “LEP” means not utilizing English as a primary language and having a limited ability to read, write, speak, or understand English.

(5) “Meaningful access” means language assistance for individuals with LEP that results in accurate, timely, and effective communication at no cost to the individual with LEP. The individual with LEP’s right to be informed of, participate in, and benefit from, a program may not be significantly restricted, delayed, or inferior as compared to English proficient individuals. Federal law and regulation, and the interpretation thereof, govern how to determine whether “meaningful access” has been provided.

(6) “Program” means all operations of a Delaware state public entity. For the purposes of § 10604(a) and (c) of this title, “program” is more narrowly defined and means 1 operation, unit, or service of a Delaware state public entity.

(7) “Tenant” means as defined in § 5141 of Title 25.

(8) “Vital document” means a document that affects access to, retention in, reduction of, termination, or exclusion from, a program’s services or benefits. “Vital document” may include any of the following:

a. Application.

b. Consent form.

c. Complaint form.

d. Intake form.

e. Notice pertaining to eligibility for services or benefits.

f. Notice pertaining to rights and the reduction, denial, or termination of services or benefits.

g. Communications that require a response from the individual with LEP or a disability.

h. Notice affecting parental custody or child support.

i. Written test that does not test English language competency but rather tests competency for a particular license, job, or skill for which knowing the English language is not required.

j. Document that must be provided by law.

k. Notice regarding the availability of free language assistance services for individuals with LEP.
29 Del. C. § 4851 — Delaware Code / Title 29 / Chapter 48 / Subchapter II / Section 4851
§ Â
        4851. Compact.
Status: in_force

The State of Delaware is hereby authorized to enter into the following compact with the states of Vermont, Maine and New Hampshire subject to the terms and conditions stated in the Compact.
29 Del. C. § 5948 — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5948
§ Â
        5948. Records of Board.
Status: in_force

The Board’s records, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection subject to reasonable regulations as to the time and manner of inspection as may be prescribed by the Secretary. Reports concerning character, personal history and health of employees or applicants for employment shall be held confidential except when a majority of the Board shall find it to be in the public interest that the same shall be open to public inspection.
29 Del. C. § 552 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 552
§ Â
        552. Acquisition of land; contracts.
Status: in_force

(a) The Department may acquire by gift, devise, purchase or otherwise, absolutely or in trust, and hold and, unless otherwise restricted by the terms of the gift or devise, encumber, convey or otherwise dispose of any real property or of any estate or interest therein as may be necessary in carrying into effect the purposes of this subchapter.

(b) The Department may enter into contracts and execute all instruments necessary to fulfill its duties respecting the protection, preservation, maintenance or operation of such historic buildings, sites, objects or archaeological resources it may select.
29 Del. C. § 306 — Delaware Code / Title 29 / Chapter 3 / Section 306
§ Â
        306. State flag.
Status: in_force

The design of the official state flag shall be as follows: A background of colonial blue surrounding a diamond of buff in which diamond is placed the correct coat of arms of the State in the colors prescribed by law and in accordance with § 301 of this title, with the words, “December 7, 1787,” to be inscribed underneath the diamond.

The official state colors, colonial blue and buff, are designated by the Textile Color Card Association of the United States, Inc., New York, as “arno blue” Cable No. 10663, and “golden beige” Cable No. 10781 respectively; the color shades having been determined by Colorimetric Specifications of the National Bureau of Standards, United States Department of Commerce, in Test No. 2, 1/140565, dated November 18, 1954, which is on file with the Delaware Public Archives, Dover, Delaware. The colors of the coat of arms and other elements of the state flag shall be the following: Husbandman, trousers of gray brown, shirt of red, hat and hilling hoe of brown; rifleman, suit of green, binding, bag and leggings of buff, hat of brown, powder flask and feather of gray; shield, frame of shaded yellow, top panel of orange, center panel of blue, lower panel of white, ox of red brown, grass and corn of green, wheat and branches underfoot of yellow, heraldric wreath to be blue and silver (twisted); ship under full sail to have a dark hull and white sails; date, December 7, 1787, to be white; cord and tassels to be blue and gold.
29 Del. C. § 1002 — Delaware Code / Title 29 / Chapter 10 / Section 1002
§ Â
        1002. Restrictions relating to personal or private interest.
Status: in_force

(a) A legislator who has a personal or private interest in any measure or bill pending in the General Assembly shall disclose the fact to the House of which the legislator is a member and shall not participate in the debate nor vote thereon; provided, that upon the request of any other member of the House or Senate, as the case may be, a legislator who has such a personal or private interest may nevertheless respond to questions concerning any such measure or bill. A personal or private interest in a measure or bill is an interest which tends to impair a legislator’s independence of judgment in the performance of the legislator’s legislative duties with respect to that measure or bill.

(b) A legislator has an interest which tends to impair his or her independence of judgment in the performance of his or her legislative duties with regard to any bill or measure when any of the following apply:

(1) The enactment or defeat of the measure or bill would result in a financial benefit or detriment to accrue to the legislator or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons.

(2) The legislator or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by a measure or bill to a lesser or greater extent than like enterprises or other interests in the same enterprise.

(3) A person required to register as a lobbyist under Chapter 58 of this title is a close relative of the legislator and that person acts to promote, advocate, influence, or oppose the measure or bill.

(c) Disclosure required under subsection (a) of this section shall be made in open session:

(1) Prior to the vote on the measure or bill by any committee of which the legislator is a member; and

(2) Prior to the vote on the measure or bill in the House of which the legislator is a member.

(d) A legislator who violates the provisions of this section shall be subject to such sanction as shall be prescribed by the House of which the legislator is a member pursuant to rules adopted under article II, § 9 of the Delaware Constitution.
29 Del. C. § 8064 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8064
§ Â
        8064. Electric vehicle rebate programs [For contingent repeal of this section, see 84 Del. Laws, c. 144, Â 3].
Status: in_force

(a) As used in this section:

(1) “All-electric vehicle” means as defined in § 8062 of this chapter.

(2) “Department” means the Delaware Department of Natural Resources and Environmental Control.

(3) “Electric vehicle” means as defined in § 8062 of this chapter.

(4) “MSRP” means the manufacturer’s suggested retail price for an electric vehicle as set by the electric vehicle’s manufacturer.

(5) “Plug-in hybrid vehicle” means as defined in § 8062 of this chapter.

(b) The Department shall administer a rebate program to incentivize the purchase and lease of new and used electric vehicles by Delaware residents. Qualifying electric vehicles shall be eligible for a rebate in an amount determined by the Department based on availability of funds and the Department’s assessment of the maturation of the market, provided, however, that the rebate for all-electric vehicles shall not exceed $2,500 per vehicle and the rebate for plug-in hybrid vehicles shall not exceed $1,000 per vehicle.

(c) All of the following are eligible to participate in the rebate programs upon purchase of a qualifying vehicle:

(1) Delaware residents.

(2) Active-duty military members stationed in Delaware.

(d) No more than 2 electric vehicle rebates may be permitted per recipient over the life of the program.

(e) The Department shall establish standards and procedures for administration of electric vehicle incentive programs. Such standards may include criteria for establishing qualifying electric vehicles including price caps, mileage range, battery size, and other relevant factors.

(f) Eligible vehicles shall not exceed $50,000 in MSRP.

(g) Applications for the rebate and incentive programs must be made using forms and procedures developed by the Department.

(h) The Department may utilize third-party providers to administer rebate and incentive programs.

(i) The Department may utilize funds allocated to the Department under § 6046 of Title 7 for the programs established in subsection (b) of this section. Funds shall be issued on a first-come, first-serve basis as funds are available.