29 Del. C. § 6981 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6981
§ Â
        6981. Large professional service procurement process.
Status: in_force

(a) Authority. —

Any state contract for which an agency is a party with probable fees, including reimbursable expenses and amendments, greater than the threshold amount or amounts established by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title for the completed job will be subject to the provisions of this subchapter. Agencies may, alternately, at their discretion, procure services which include materiel other than professional services in accordance with § 6924 of this title.

(b) Each contracting agency shall publicly announce, not less than once a week for 2 consecutive weeks, when professional services are required except:

(1) In case of critical needs so certified pursuant to § 6907 of this title; or

(2) Where professional services are determined by the agency to be necessary during the course of completion of a previously awarded contract and:

a. The agency determines that it would be in the best interest of the State to procure such additional or supplemental professional services from a firm already under contract for which the supplemental and additional professional services are required; and

b. Such additional or supplemental professional services are within the scope of the contract.

(c) Subject to the exceptions of subsection (b) of this section:

(1) Each agency shall publicly announce each professional services contract subject to subsection (a) of this section by electronic publication accessible to the public in a manner prescribed pursuant to § 6902(12) of this title for 2 consecutive weeks unless a shorter advertisement period has been approved by the Section Director.

(2) The advertisement for proposals shall state the name of the procuring agency, indicate with reasonable accuracy the character, quantity, and location of the work or the character and quantity of materiel, the time and place for the opening of proposals and where the specifications or descriptions may be obtained. The advertisement shall also state that the agency may extend the time and place for opening proposals from that described in the advertisement, on not less than 2 calendar days’ notice, unless special circumstances exist, as determined by the Section Director.

(d) Proposal openings. —

(1) At the discretion of the agency, it may elect to have a public proposal opening or not to have a public proposal opening. The agency shall identify the type of proposal opening, public or nonpublic, in the initial solicitation posting. Proposals opened publicly shall have the time and place designated in the solicitation. The main purpose of the proposal opening is to reveal the names of the proposing firms, not to serve as a forum for determining any other factors.

(2) Proposals shall be evaluated based on the requirements set forth in the solicitation. No criteria may be used in proposal evaluations that are not set forth in the solicitation.

(3) Neither the proposals, proposal summaries, nor any other aspect of the proposal evaluations shall be open for public inspection until after receipt of a signed contract.

(e) Vendor eligibility. —

(1) A firm may be required to have a valid Delaware state business license prior to the execution of an agency contract.

(2) Vendors are responsible for reviewing all public advertisements which announce the solicitation and request for proposals for an agency contract.

(3) To supplement the contract public notice, the agency may compile and maintain a prospective vendors list. Inclusion of the name of a person on a prospective vendors list shall not indicate whether the firm is responsible concerning a particular procurement or otherwise capable of successfully performing a contract.

(4) Firms desiring to be included on the prospective vendors list shall notify the agency. Upon notification, the agency shall provide the firm with a means to register its interest in competing for future formal procurement opportunities. A vendor registration list shall not be used as a means to restrict competition.

(5) No cause of action shall accrue from any good faith effort to contact, distribute, or announce solicitations, solicit amendments to requests for proposal, or any correspondence utilizing the agency’s vendor eligibility list.

(f) Solicitation. —

(1) The agency shall make available solicitations at least 14 days before the time and date of the proposal opening, unless a shorter time is deemed necessary for a particular procurement as determined in writing by the agency.

(2) The solicitation shall include all of the following:

a. Instructions and information concerning the proposal submission requirements, including the time, date, and place set for proposal opening and any other special information;

b. The agency’s intention to award to more than 1 firm, if applicable;

c. The description, specifications, evaluation criteria as defined in § 6982 of this title, delivery or performance schedule and inspection and acceptance requirements for the resulting contract; and

d. The contract terms and conditions, including warranty and bonding or other security requirements, as applicable.

(3) If the solicitation incorporates documents by reference, the solicitation shall specify where such documents may be obtained or reviewed.

(4) A solicitation may require the submission of proposal samples, descriptive literature and technical data and may require inspection or testing of a product before award.

(5) A copy of the solicitation shall be made available for public inspection at the agency.

(6) Additional advertising shall be at the discretion of the agency.

(g) Pre-proposal conferences. —

An agency may conduct a pre-proposal conference within a reasonable time but not less than 7 days before a proposal opening to explain the requirements of a solicitation. An agency may require mandatory attendance by potential proposing firms at such pre-proposal conferences to qualify as a responsible and responsive proposing firm. Statements made at the pre-proposal conference shall not be considered amendments to the solicitation unless a written amendment is issued pursuant to subsection (h) of this section.

(h) Amendments to solicitations. —

(1) An amendment to a solicitation shall be issued to:

a. Make changes in the solicitation;

b. Correct defects or ambiguities in the solicitation; and/or

c. Change the date, place or time of the proposal opening.

(2) Amendments to solicitations shall be so identified and shall be advertised along with the original solicitation.

(3) The agency may obtain vendor acknowledgement of all amendments issued.

(i) Withdrawal of proposals. —

(1) A vendor may withdraw its proposal at any time before proposal opening if the withdrawal is received in writing before the proposal opening at the location designated in the invitation for proposals for receipt of proposals. A vendor or its authorized representative may withdraw its proposal in person if, before the proposal opening, the identity of the person requesting withdrawal is established and that person signs a receipt for the proposal. If a proposal has been received electronically, the agency shall delete the file in the agency system records.

(2) All documents concerning a withdrawal of a proposal shall be retained in the appropriate procurement file.

(3) After a proposal opening, a firm may request in writing that its proposal be withdrawn. Such a request may be allowed only upon the approval of the agency. The agency shall prepare a written determination showing that the request was permitted or denied along with the reasons for such determination.

(j) Late proposals and late modifications. —

(1) A proposal or withdrawal of a proposal is late if it is received at the location designated in the solicitation for receipt of proposals after the time and date set for proposal opening.

(2) Proposing firms submitting proposals or withdrawals of proposals that are late shall be notified as soon as practicable and the proposal shall be returned unopened.

(3) Documentation concerning a late proposal or late withdrawal of a proposal shall be retained in the appropriate procurement file.

(k) Receipt, opening, and recording of proposals. —

(1) Except as provided in paragraph (j)(2) of this section, each proposal shall be time stamped upon receipt and stored by the agency unopened in a secure place until the time and date set for proposal opening.

(2) An envelope that is not marked as a proposal or does not identify the proposing firm or solicitation may be opened solely for the purpose of identification. A record shall be made on the envelope of the reason for opening it, the date and time it was opened, the solicitation to which the proposal responded, and the signature of the person who opened the envelope. The envelope shall be resealed and retained in the procurement file.

(3) If the agency has elected to open proposals publicly, then the opening shall be in the presence of 1 or more witnesses at the time, date, and location designated in the solicitation. Proposal information shall be disclosed at the public opening pursuant to paragraph (d)(1) of this section. The proposal information made available at the public opening shall be recorded on a proposal abstract. The name of the required witness shall also be recorded. The proposal abstract shall be available for public inspection.

(4) Proposals shall not be available for public inspection before receipt of a signed contract pursuant to paragraph (d)(3) of this section. After contract award, the proposals shall be available for public inspection, except to the extent any information is exempt pursuant to Chapter 100 of this title. If the proposing firm designates a portion of its proposal as confidential, it shall isolate and identify in writing the confidential portions. The proposing firm shall include with this designation a statement that explains and supports the proposing firm’s claim that the proposal items identified as confidential contain trade secrets or other proprietary data.

(l) Cancellation of solicitation. —

A solicitation may be canceled or any or all proposals may be rejected in whole or in part if it is in the best interest of the State. The reasons for the cancellation or rejection shall be made part of the procurement file.

(1) If a solicitation is canceled before the opening of proposals, a notice of cancellation must be posted with the public record of the solicitation.

(2) Any proposals that have been received shall be returned unopened to the vendors. Electronic proposals received shall be deleted from the agency system and notice of deletion provided to the vendor.

(3) If a solicitation is canceled after the proposal opening, a notice of cancellation shall be posted with the public record of the solicitation.

(4) Any proposals shall be returned to the vendors. Electronic proposals shall be deleted from the agency system and notice of deletion provided to the vendor.

(m) Rejection of individual proposals. —

A proposal may be rejected if:

(1) The vendor is determined to be nonresponsive pursuant to paragraph (n)(1) of this section; or

(2) The proposal is nonresponsive or not responsible in accordance with paragraph (n)(2) of this section; or

(3) It is otherwise not advantageous to the State.

If an agency rejects a vendor, the determination shall be in writing and set forth the basis for the determination. A copy of the determination shall be promptly sent to the proposing firm. The final determination shall also be made part of the procurement file. Vendors whose proposals are rejected under this section shall be notified in writing about the rejection. Record of the rejection shall be made part of the procurement file.

(n) Responsiveness and Responsibility of proposing firms. —

(1) An agency shall determine that a proposing firm is responsive to all requirements of the solicitation and request for proposals before selecting a firm for negotiation.

(2) Factors to be considered in determining if a proposing firm is responsible include:

a. The proposing firm’s financial, physical, personnel, or other resources, including subcontracts;

b. The proposing firm’s record of performance and integrity;

c. Whether the proposing firm is qualified legally to contract with the State; and

d. Whether the proposing firm supplied all necessary information concerning its responsiveness.

e. Any additional specific responsibility criteria for a particular procurement that the agency includes in the solicitation.

f. Evaluation Criteria. —

Each agency shall establish written administrative procedures for the evaluation of applicants. One or more of the following criteria may be utilized in ranking the applicants under consideration:

1. Experience and reputation;

2. Expertise (for the particular project under consideration);

3. Capacity to meet requirements (size, financial condition, etc.);

4. Location (geographical);

5. Demonstrated ability;

6. Familiarity with public work and its requirements; or

7. Distribution of work to individuals and firms or economic considerations.

8. Any other criteria deemed necessary for a quality, cost-effective project.

(o) Each project shall be given individual attention, and a weighted average may be applied to criteria according to its importance to each project.

(p) For the selection process described in § 6982(b) of this title, price may be a criterion used to rank applicants under consideration.

(q) If the agency determines that an electronic submission is beneficial, the agency may use this method to receive proposals from proposing firms under this subchapter.

(1) The solicitation must designate that the procurement method will be an electronic submission, a schedule of proposing activities, and an electronic mail account to which the proposals must be sent.

(2) The agency’s representative and a witness shall open the electronic mail account immediately after the closing date and time; record the names of the proposing firms that responded, and the date and time submitted; and prepare a tabulation of all responsive proposing firms for review.
29 Del. C. § 8912 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8912
§ Â
        8912. Misnomer in gifts, grants, etc.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or other agency of the Department 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. § 108 — Delaware Code / Title 29 / Chapter 1 / Section 108
§ Â
        108. Concurrent juvenile legislative jurisdiction.
Status: in_force

(a) Purpose. —

The General Assembly declares that the purpose of the concurrent juvenile legislative jurisdiction established under this section is to permit the State to exercise concurrent jurisdiction with the United States when a juvenile, while under the age of 18, is alleged to have violated a federal criminal law within the boundaries of a United States military installation located within the boundaries of the State. Concurrent jurisdiction will permit prosecution by the State of a juvenile for crimes or delinquent acts the juvenile is alleged to have committed on military installations in Delaware, but only if the violation of federal law is also a crime or delinquent act under state law. This section shall also apply to the prosecution of a juvenile as an adult under §§ 921 and 1010 of Title 10. Adjudication in Family Court and Superior Court and access to Delaware state juvenile resources will result in better outcomes for these juveniles than prosecution in the federal court system which lacks juvenile-focused courts and resources.

(b) Relinquishment of exclusive juvenile jurisdiction. —

(1) For purposes of this section “military installation” means a base, camp, post, station, yard, center, or homeport facility for any ship, under the jurisdiction of the Department of Defense.

(2) In accordance with 10 U.S.C. § 2683 the State hereby authorizes acceptance of relinquishment by the United States of exclusive federal jurisdiction over alleged juvenile violations of federal criminal laws occurring on the Dover Air Force Base property or on any other land, previously ceded to the United States by the State, which contains a military installation. Acceptance by the State of relinquishment of exclusive criminal juvenile legislative jurisdiction is conditioned on all the following conditions being met:

a. A duly authorized official or agent of the United States, acting under authority conferred by Congress, under 10 U.S.C. § 2683, must notify the Governor that the United States wishes to relinquish to the State exclusive juvenile legislative jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, which are within the boundaries of this State, and used by the United States as a military installation.

b. The Governor shall not accept a request under this paragraph (b)(2) unless the request contains all of the following:

1. States the name, position, and legal authority of the person requesting the cessation of exclusive juvenile legislative jurisdiction.

2. Describes by metes and bounds the United States military installation property subject to the concurrent juvenile legislative jurisdiction.

3. Indicates whether the request includes future contiguous expansions of land acquired for military purposes.

(c) Acceptance of concurrent juvenile legislative jurisdiction. —

(1) By appropriate Executive Order the Governor, in the Governor’s discretion, may fully or partially accept, on behalf of the State a request by the United States under subsection (b) of this section. If the Governor accepts the request, the Governor must send a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Governor’s written acceptance must state the elements of the request that are accepted.

(2) The Governor’s Executive Order accepting concurrent juvenile legislative jurisdiction must be filed in the office of the Secretary of State and in the office of the Recorder of Deeds of the county in which the affected real estate is located. After filing and recording of the Governor’s Executive Order, the Governor shall send to the duly-authorized official or agent of the United States who requested the concurrent juvenile legislative jurisdiction, the following documents:

a. The request from the United States official or agent requesting concurrent juvenile legislative jurisdiction.

b. The Governor’s Executive Order accepting concurrent juvenile legislative jurisdiction.

c. The Governor’s written acceptance of concurrent juvenile legislative jurisdiction.

d. A description by metes and bounds of the United States military installation property subject to the concurrent juvenile legislative jurisdiction.

(d) The State does not incur or assume any liability as a result of the Governor accepting concurrent juvenile legislative jurisdiction.

(e) Upon the establishment of concurrent juvenile legislative jurisdiction under this section, any Delaware state agency or local government agency may enter into a memorandum of understanding with any federal agency for coordination and designation of responsibilities related to such concurrent juvenile legislative jurisdiction.
29 Del. C. § 7963 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7963
§ Â
        7963. Premises to be kept clean.
Status: in_force

The sponsor and the resident manager shall be responsible for keeping the interior and exterior premises of a congregate housing facility at all times in a clean and sanitary condition and in compliance with all federal, state or local laws, rules, and regulations relating to the cleanliness of multi-family dwellings in general.
29 Del. C. § 8707A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8707A
§ Â
        8707A. Council on Development Finance.
Status: in_force

(a) The Council on Development Finance is hereby established and shall serve in an advisory capacity to the Director and shall consider matters relating to the financing and modernization of agricultural, industrial, commercial, emerging technologies and other facilities in the State and such other matters as may be referred to it by the Governor, or by the Director. The Council may study research, plan and advise the Director and the Governor on matters relating to economic development and strategic opportunities. The Council may consider projects and initiatives proposed by a Public/Private Partnership and make recommendations to the Division.

(b) (1) The Office of Management and Budget and the Office of the Controller General shall appoint 1 designee from each of their respective offices to support the staff of the Council. Upon request of the Council, the designees shall assist the Council by providing relevant analysis and research. The designees must be available to attend all Council meetings.

(2) The Chair of the Council, with prior notice to the Controller General, may engage professional contractual services when necessary to provide analysis and research for specific applications recommended to the Council by the Division of Small Business. The Office of the Controller General shall administer contracts for such services.

(c) The Council shall be composed of 9 members who are Delaware residents. The Governor shall appoint 7 members: 2 members from New Castle County, 1 member from Kent County, 1 member from Sussex County and 3 at-large members. The President Pro Tempore of the state Senate shall appoint 1 member of the Senate and the Speaker of the state House of Representatives shall appoint 1 member of the House of Representatives. Council members shall serve for 3-year terms and may be reappointed. Council members appointed after July 1, 2018, may be reappointed for only 1 additional 3-year term.

(d) At least 3, but no more than 4 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 shall be affiliated with the other major political party; provided however, that there shall be 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) In making appointments to the Council, the Governor shall appoint professionals possessing 1 or more of the following designations: a member of the Bar of the Supreme Court of the State, an officer of a bank or trust company located in the State, an expert in private equity or a venture capital expert.

(f) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident of their duties as members in accordance with state law.

(g) Chairperson of the Council shall be appointed by the Governor. Such Chairperson shall serve at the pleasure of the Governor.

(h) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term. However, a person who is appointed to fill such a vacancy may be reappointed. Any person appointed to fill such a vacancy after July 1, 2018, may be reappointed for only 2, 3-year terms.

(i) The Council shall conduct its business only when a quorum is present. A quorum shall consist of 5 of the 9 members being present in person, by telephone, or by videoconference. The consent of a majority of the quorum is required for approval on any vote. Upon written request from the Council, the Governor may declare a vacancy for any member who is absent from 4 consecutive Council meetings. The Council Chair should schedule meetings so that they are centrally located and geographically balanced in number.
29 Del. C. § 5310 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5310
§ Â
        5310. Amount of service or disability pension.
Status: in_force

(a) The amount of the monthly service or disability pension payable to a former employee shall be computed in accordance with the provisions of § 5527(a)-(f) of this title except that 5 years shall be added to the former employee’s credited service for purposes of calculating the amount of the monthly pension.

(b) The amount of monthly pension payable to a former employee for the first 3 months of retirement shall be double the amount calculated in subsection (a) of this section, but in no case shall such amount exceed 100% of the former employee’s final compensation in the last month of actual employment. Thereafter, the monthly pension payable shall be the amount calculated pursuant to subsection (a) of this section.

(c) Individuals eligible for the early retirement option and whose pensions are effective prior to the dates specified in § 5301(d) of this title shall have their pensions computed in accordance with the provisions of § 5527(a)-(f) of this title without taking into consideration subsections (a) and (b) of this section until such time as they would have terminated in accordance with § 5301(d) of this title. Then, beginning with the month that their pensions would have been effective had they terminated in accordance with § 5301(d) of this title, their pensions shall be adjusted in accordance with subsections (a) and (b) of this section.
29 Del. C. § 8906 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8906
§ Â
        8906. Exemptions from merit system.
Status: in_force

All of the following positions set forth in this section shall specifically be exempt from Chapter 59 of this title, as well as any others allowed by Chapter 59 of this title:

(1) Commissioner of Correction.

(2) Deputy Commissioner of Correction.

(3) Chiefs as established by this chapter, as well as any hereafter established, by the Commissioner, with the approval of the Governor.
29 Del. C. § 6983 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6983
§ Â
        6983. State assistance to local governmental units.
Status: in_force

The Office of Management and Budget shall provide assistance in selecting professional services firms and negotiating professional service contracts upon the request by an agency, municipality or political subdivision. The Office shall be reimbursed by the municipality or political subdivision for all costs involved.
29 Del. C. § 5528 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5528
§ Â
        5528. Ordinary survivorâs pension [For application of this section, see 79 Del. Laws, c. 315, Ââ10].
Status: in_force

(a) (1) Upon the death of an employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to ¾ of the service pension the employee would have been eligible to receive had he or she elected the option provided under § 5527(g) of this title.

(2) A survivor’s pension shall begin with the month following the month in which the employee dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (d)(2) of this section.

(b) (1) Upon the death of an individual receiving a service or disability pension at the time of his or her death, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to the greater of:

a. Fifty percent of such service or disability pension;

b. If such pension was computed under the provisions of § 5527(g)(1) of this title, 2/3 of such service or disability pension;

c. If such pension was computed under the provisions of § 5527(g)(2) or (3) of this title, 75% of such service or disability pension; or

d. If such pension was computed under the provisions of § 5527(g)(4) of this title, 100% of such service or disability pension.

(2) A survivor’s pension shall begin with the month following the month in which the pensioner dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (d)(2) of this section.

(c) Upon the death of a former employee with a vested right to a pension, a monthly survivor’s pension equal to 1/2 of the former employee’s entitlement shall be payable to his or her eligible survivor or survivors beginning with the month that the former employee would have been eligible to receive such pension. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (d)(2) of this section.

(d) For the purpose of this section, the eligible survivors of any employee covered under this chapter on or after the effective date of the 1976 Pension Act shall be as follows, provided that an employee may change the priority of eligible survivors specified for herein by designating his or her priority of eligible survivors on a form prescribed by the Board and filed with the Board at the time of the employee’s death:

(1) The widow or widower; or

(2) If there is no eligible widow or eligible widower, a child (or, with the survivor’s pension divided among them in equal shares, all such children if there are more than 1), provided the child is unmarried and either:

a. Has not attained age 18;

b. Has attained age 18 but not age 22 and is attending school on a full-time basis; or

c. Has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18; or

(3) If there is no eligible widow, eligible widower or eligible child, a dependent parent (or, with the survivor’s pension divided between them in equal shares, both such parents if there are 2).

(e) The amount payable to a widow or widower who has not attained age 50 at the time the survivor’s pension begins shall be actuarially reduced, in accordance with actuarial tables approved by the Board, for each month the survivor is under age 50 at such time. However, the actuarial reduction for any such widow or widower shall not apply for the period during which such widow or widower has in his or her care a son or daughter who is unmarried and either:

(1) Has not attained age 18;

(2) Has attained age 18 but not age 22 and is attending school on a full-time basis; or

(3) Has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18.

(f) A parent shall be deemed to have been dependent on the deceased employee, former employee or pensioner if such individual was receiving at least one half of his or her support from such deceased person at the time of death.
29 Del. C. § 6344 — Delaware Code / Title 29 / Chapter 63 / Subchapter III-B / Section 6344
§ Â
        6344. Withdrawals from the Fund.
Status: in_force

(a) Before any sum is withdrawn from the Fund for advanced planning or advanced real property acquisition, a request shall be made by the state agency, reorganized school district or vocational-technical school district desiring to erect or renovate a public facility or desiring to purchase real property to the Director of the Office of Management and Budget who shall report to the Budget Commission whether the request is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies.

(b) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund to erect or renovate a public facility, the Director of the Office of Management and Budget must determine that the proposed public facility is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies and its construction is likely to be authorized within 3 years. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State’s comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of advanced planning for the proposed public facility.

(c) If a state agency, reorganized school district or vocational-technical school district requests moneys from the Fund for real property acquisition, the Director of the Office of Management and Budget must determine that the proposed real property acquisition is consistent with the State’s capital program provided for by § 6342 of this title and the State’s comprehensive plan and land use and development goals and policies. When making this determination, the Director of the Office of Management and Budget shall consult with the State Planning Coordinator, Office of State Planning Coordination and consider the State’s comprehensive plan, state land use and development goals and policies, state facility location plans, facility siting criteria and infrastructure impact assessment standards and any other information that might influence future land use decisions. The Director of the Office of Management and Budget shall also consult with the head of the requesting state agency, reorganized school district or vocational-technical school district. If the Director of the Office of Management and Budget makes such a determination, then the Budget Commission may authorize an expenditure from the Fund to cover the cost of earnest money for the acquisition of real property.
29 Del. C. § 5041 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-B / Section 5041
§ Â
        5041. Responsibilities and functions of the Human Investment and Partnership Program [Transferred].
Status: in_force

Transferred to § 8741A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5605 — Delaware Code / Title 29 / Chapter 56 / Section 5605
§ Â
        5605. Acceptance of provisions; result.
Status: in_force

(a) (1) Each new state judicial officer may accept the provisions of this chapter by 1 of the following:

a. Written declaration to that effect within 30 days following the member becoming a state judicial officer.

b. Through the authorization by the member to permit deductions for the contributions provided in § 5601 of this title.

(2) a. The declaration of acceptance under paragraph (a)(1)a. of this section must be filed with the Secretary of State. If the member accepts the provisions of this chapter through authorization of deductions for contributions under paragraph (a)(1)b. of this section, the member shall thereafter file a written declaration with the Secretary of State.

b. On filing of a declaration of acceptance by a state judicial officer or on authorization of deductions for contributions, whichever first occurs, the benefits of this chapter are available to the state judicial officer.

c. A declaration of acceptance, or authorization of deductions for the contributions provided in § 5601 of this title, by a member first appointed on or after July 1, 1980, covers the member under the revised plan.

(b) A member first appointed before July 1, 1980, may elect to be covered by the revised plan by filing a declaration of acceptance with the Secretary of State. Except as provided under subsection (e) of this section, a member first appointed on or after July 1, 1980, is required to participate in the revised plan as a condition of employment and is not required to file a written declaration or authorization of deductions.

(c) Any declaration of acceptance of this chapter or authorization of deductions for the contributions provided in § 5601 of this title as provided in subsection (a) of this section constitutes an authorization and direction by the state judicial officer making the declaration or authorization that if a certificate of permanent physical or mental disability of the state judicial officer is filed under § 5602(c) or § 5612(c) of this title, the certificate constitutes, without any further act by the state judicial officer, a resignation by the state judicial officer, effective immediately after the filing of the certificate.

(d) A declaration of acceptance filed or authorization of deductions for contributions made under this section is irrevocable.

(e) (1) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on February 9, 2025, may, under § 4 of Article XV of the Delaware Constitution, decline participation in the State Judicial Pension Plan and remain in the State Employee’s Pension Plan.

(2) a. A Justice of the Peace, Commissioner, or Magistrate in Chancery who exercises the right under paragraph (e)(1) of this section to decline participation in the State Judicial Pension Plan must do so in writing to the Board by a date and in a manner determined by the Pension Administrator.

b. A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on February 9, 2025, and who opts to participate in the State Judicial Pension Plan or does not decline participation under paragraph (e)(2)a. of this section shall contribute to the Fund each year for the first 24 years of service after joining the State Judicial Pension Plan at the rate applicable to the Justice of the Peace’s, Commissioner’s, or Magistrate in Chancery’s prior participation in the State Employee’s Pension Plan.

c. A member of the state judiciary first covered by the State Judicial Pension Plan under paragraph (e)(2)b. of this section who is subsequently appointed to a different position within the state judiciary shall thereafter contribute for the remaining 24 years of service an amount equal to 5% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base.

(3) The exercise of the right under paragraph (e)(1) of this section is irrevocable.

(4) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension Plan on February 9, 2025, and is covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period, with the first payout to be completed by February 9, 2026. If termination of state service occurs before receiving the full accrued payout, the outstanding amount must be paid on termination.
29 Del. C. § 8705 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8705
§ Â
        8705. Division of Historical and Cultural Affairs.
Status: in_force

(a) The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The Department of State pursuant to subchapter II of Chapter 5 of this title relating to Historical Buildings, Sites, Objects and Archaeological Resources, and the State Museum pursuant to subchapter III of Chapter 5 of this title; and pursuant to Chapter 53 of Title 7, relating to archaeological resources and activities in the State;

(2) The Lewes Memorial Commission;

(3) The Delaware Day Commission;

(4) The Portrait Commission;

(5) The Delaware Archaeological Board; and

(6) The Governor pursuant to Chapter 53 of Title 7 relating to granting permits to survey and excavate archaeological resources in the State.

(b) The Division of Historical and Cultural Affairs is hereby authorized to retain revenue received from land and building rentals, including but not limited to Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickenson Plantation and the Meeting House Galleries, to support these operations. The Division is further authorized to use revenues derived from future property and building acquisitions for operational support of those facilities and properties as they are acquired. Spending authority shall be subject to the requirements of the annual appropriation act.
29 Del. C. § 9303 — Delaware Code / Title 29 / Chapter 93 / Section 9303
§ Â
        9303. Replacement housing for homeowners.
Status: in_force

(a) In addition to payments otherwise authorized by this chapter, the displacing agency shall according to established criteria make an additional payment, not in excess of $22,500, to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements:

(1) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling.

(2) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling.

(3) Reasonable expenses incurred by such displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.

(b) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe and sanitary replacement dwelling within 1 year after the date on which such person receives final payment from the agency for the acquired dwelling or the date on which the obligation of the agency under § 9307 of this title is met, whichever is later, except that the agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date.
29 Del. C. § 6405A — Delaware Code / Title 29 / Chapter 64A / Section 6405A
§ Â
        6405A. Department of Transportation.
Status: in_force

(a) Any funds appropriated from any source to the Department of Transportation shall be accounted for by program category as specified in the Section 1 Addendum of the Annual Bond and Capital Improvement Act. Amounts indicated for individual projects in the “Supplemental Information for Transportation Projects” are the Department’s best estimates of cost, but may vary depending on bid results and project designs. The descriptions and limits are general in nature and are to be used only for project identification purposes. It is the intent of the General Assembly that the Department of Transportation make all reasonable efforts to ensure the timely completion of projects subject to the limitation of the total funds available in each program.

(b) The Department is directed to continue inspecting the condition of bridges and pavements in the State and to use the Road System Program funds made available by the Annual Bond and Capital Improvement Acts and the Bridge Program, the Rehabilitation and Reconstruction Program, and the Pave and Rehabilitation Program funds made available by previous acts to ensure the bridge repairs and replacements and pavement resurfacings and rehabilitations are carried out in an expeditious manner based on the Department’s priority and management systems.

(c) It is the intent of the General Assembly that the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program shall be delegated the responsibility of approving modifications to the list of paving and rehabilitation projects in the “Road System” portion of the “Supplemental Information for Transportation Projects” when the Department of Transportation needs such modifications. These changes may be made subject to the Co-Chairs’ approval, when:

(1) The Department has completed or determined that it has sufficient funds on hand to complete projects in the program category; or

(2) When projects so listed cannot be constructed in the construction season covered by the Annual Bond and Capital Improvement Act because of conflicting public works projects in progress or scheduled, or for other compelling reasons; and

(3) Funds appropriated to the Road System program category are available for use on additional or other projects fitting within that category.

In modifying the list, the Department must substitute the next suitable paving and rehabilitation project or projects from the most recently approved Department of Transportation Capital Transportation Program or based on the Department’s Road System priority and management systems. A copy of the changes should be forwarded to the Director of the Office of Management and Budget and Controller General.

(d) Any funds appropriated from the Community Transportation Fund (XX/00) of the “Supplemental Information For Transportation Projects” attached hereto may be designated for Greenways having a transportation component as long as those Greenways will be dedicated to public use. Legislators may designate moneys to be appropriated into a general pooled account to be used statewide, or may reserve moneys for Greenways projects to be designated at a later time, or may designate specific sums of moneys to specific Greenways projects. For the purposes of this section, a project shall be deemed to have a “transportation component” whenever it involves walkways, pathways, bikeways, trails or other routes for the movement of people or goods. Project estimates shall be prepared by the Department of Natural Resources and Environmental Control (DNREC) and processed through the Department of Transportation’s (DOT) Community Transportation Fund procedure for inclusion in the Capital Improvement Act by the General Assembly. Funds appropriated through an Annual Bond and Capital Improvement Act will be funded from the Transportation Trust Fund and transferred to DNREC by DOT. DNREC will be responsible for the design, rights-of-way purchasing, construction and maintenance of such Greenways and establishing a process similar to DOT’s process for administering the Community Transportation Fund. The Delaware Transportation Authority shall have the authority to use its powers granted under Chapter 13 of Title 2 to acquire property for Greenways projects having a transportation component dedicated to public use, and to transfer the property so acquired to the Department of Natural Resources and Environmental Control or to a local government accepting responsibility for the projects’ development, ownership and operation.

(e) The Department of Transportation is hereby authorized to explore and/or construct feasible alternatives to traffic signals, including, but not limited to, geometric design changes to intersections or crossovers, in the vicinity of those locations where traffic signals may currently exist or otherwise be considered as warranted.

(f) The Delaware Transit Corporation (“DTC”) administers a program to provide assistance to certain qualifying agencies for the transportation of the elderly, persons with disabilities, and thereafter for others needing transportation services, under the provisions of 49 U.S.C. § 5310 (“5310 Program”). The 5310 Program requires the qualifying agencies to agree to comply with the program’s rules and regulations, and the agencies compete for funding in an annual certification/approval process. The normal match of federal funds to other funds is on an 80/20 funds basis. The following provisions shall apply in the DTC’s administration of the 5310 Program.

(1) In ranking applicants for the 5310 Program, enhanced scoring of the applications will be given first to those qualifying applicants emphasizing the replacement of their existing fleet, and second to those qualifying applicants who provide a contributing share commitment larger than the normal nonfederal ratio, thus expanding the leverage provided by the federal funds available for the 5310 Program. These additional funds shall not be used as a replacement for Transit System funds or federal funds for this program, but shall be applied to this program in addition to the amount authorized in the Annual Bond and Capital Improvement Act.

(2) In administering the 5310 Program, the DTC shall take steps to assure that the qualifying applicant agencies use these vehicles first for program related needs, then to meet the transportation needs of elderly persons and persons with disabilities who do not participate in the agencies’ programs, and finally for other local transportation needs, as required by federal regulations. In keeping these commitments and providing DTC-originated trips beyond the qualifying agencies program needs, those agencies receiving funds from the Kent/Sussex reimbursable line (55-06-01-85-83) Kent and Sussex Transportation shall be reimbursed at a rate of twice the applicable DTC fare. All other agencies providing such DTC-originated trips shall be reimbursed at a rate of 3 times the applicable DTC fare. Agencies providing such trips will be responsible for collection of and accounting for fares in accordance with DTC guidelines. Receipt of such fares and reimbursement to the qualifying agencies shall occur on a monthly basis between DTC and the agencies.
29 Del. C. § 5107 — Delaware Code / Title 29 / Chapter 51 / Section 5107
§ Â
        5107. Cancellation of bond on expiration of term; petition; notice; order of Court.
Status: in_force

(a) At any time after the expiration of the term of office of any state or county officer in this State who is required to give bond or other obligation with surety for the faithful performance of duties as such officer, such officer may present a petition to the Superior Court of the particular county in which the bond or other obligation is filed or recorded in such form as shall be prescribed by the Court, stating all of the facts proper and necessary to lay before the Court and the reasons for asking that the bond or other obligation theretofore entered into by such officer should be cancelled and satisfied of record.

(b) Before any hearing shall be had upon the petition, the petitioner shall cause a copy of the petition to be published in 1 or more newspapers published in the county at least once a week for 3 successive weeks, and in addition thereto the Court may require such additional notice of the filing of the petition as it deems advisable.

(c) Upon the presentation of any such petition, by such officer, as stated in subsection (a) of this section, to the Superior Court of the particular county in which the bond or obligation is filed or recorded, the Court shall inquire into all the facts and circumstances of the particular case, and, if satisfied from the evidence presented that the officer has performed all of the duties lawfully required of the officer and has properly accounted for all moneys or other property or things of value coming into the officer’s hands as such officer and there are no reasons why the bond or other official obligation of such officer should not be cancelled and satisfied of record, then the Court may make an order that the bond or other official obligations of such officer be cancelled and that the recorder of deeds of the county where the bond or other official obligation is recorded shall mark the same satisfied of record.
29 Del. C. § 402 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 402
§ Â
        402. Duty to survey, lay out and beautify lands; power to enter into contracts, employ assistants and obtain cooperation from other agencies.
Status: in_force

(a) The Office shall cause the lands acquired under this chapter to be surveyed, laid out and beautified to the end that the same may be used for sites for state buildings to meet the needs of the State for adequate quarters for state departments, boards and commissions functioning at the State Capital and for state grounds and may cause any building or buildings being on the lands at the time they are acquired to be sold and removed or taken down, in the discretion of the Office. In the event of the sale of any such building or buildings, the proceeds thereof shall be deposited in a special fund of the State to fund capital projects of the State to the credit of the State.

(b) The Office may:

(1) Make and enter into contracts for services, labor and materials needful or proper for the purposes of this section or any of them;

(2) Employ such assistants as it shall require in the performance of its duties; and

(3) Call upon any department of the state government for assistance in carrying out the purposes of this chapter.
29 Del. C. § 9503 — Delaware Code / Title 29 / Chapter 95 / Section 9503
§ Â
        9503. Litigation expenses.
Status: in_force

Where a condemnation proceeding is instituted by the agency to acquire real property for such use and the final judgment is that the real property cannot be acquired by condemnation or the proceeding is abandoned, the owner of any right, title or interest in such real property shall be paid such sum as will, in the opinion of the court, reimburse such owner for reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. The awards of such sums will be paid by the agency.
29 Del. C. § 806 — Delaware Code / Title 29 / Chapter 8 / Subchapter I / Section 806
§ Â
        806. Staggered senatorial districts.
Status: in_force

(a) The Senators from the 1st, 5th, 7th, 8th, 9th, 12th, 13th, 14th, 15th, 19th and 20th Senatorial Districts shall be elected for 4-year terms in 2022 and 2026 and for a 2-year term in 2030.

(b) The Senators from the 2nd, 3rd, 4th, 6th, 10th, 11th, 16th, 17th, 18th and 21st Senatorial Districts shall be elected for a 2-year term in 2022 and for 4-year terms in 2024 and 2028.
29 Del. C. § 8728A — Delaware Code / Title 29 / Chapter 87A / Subchapter II / Section 8728A
§ Â
        8728A. Fund purposes.
Status: in_force

(a) Moneys appropriated to the Fund may be loaned, granted or used in other financing mechanisms by the Authority within the State. The Fund may be used for the following purposes:

(1) Retention and expansion of existing firms;

(2) Recruitment of new firms;

(3) Formation of new businesses; and

(4) To the extent provided in subsection (c) of this section, and for 1 or more of the purposes set forth in paragraphs (a)(1) through (3) of this section, environmental assessment and remediation of certified brownfields and subchapter III of this chapter regarding the Delaware Technical Innovative Program.

For purposes other than stated above, the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program, Director of the Office of Management and Budget and Controller General shall be informed prior to any action by the Division.

(b) Moneys appropriated to the Fund may be used for the following activities:

(1) Working capital;

(2) Renovation, construction or any other type of improvements to roads, utilities and related infrastructure and public facilities;

(3) Assistance for equipment, machinery, land and building acquisition and development;

(4) Assistance with relocation expenses;

(5) Loans or loan guarantees;

(6) Assistance for the development of startup strategies such as seed capital and incubator programs;

(7) Assistance for the development of re-use strategies and implementation plans for sites located in the State and targeted for development by the Division;

(8) Assistance for the development and implementation of modernization strategies for existing manufacturing firms to strengthen their competitive position in regional, national and international markets; and

(9) To develop and implement strategies to maintain or enhance important economic sectors in the State.

(c) During any fiscal year of the State, up to $1,000,000, in aggregate, of the moneys appropriated to the Fund may be used to provide matching grants for the costs of environmental assessment and remediation at certified brownfields. The amount of a matching grant with respect to a certified brownfield shall not exceed the lesser of $100,000 or 50 percent of environmental assessment and remediation costs with respect to such certified brownfield. For purposes of this subsection, a “certified brownfield” is a brownfield, as defined in § 9103 of Title 7, that the Secretary of the Department of Natural Resources and Environmental Control has certified as a brownfield pursuant to regulations promulgated under § 9104(b)(2)p. of Title 7. The Chairperson of the Authority may at any time suspend the making of grants under this subsection if the Chairperson finds that moneys in the Fund would be better used for other Fund purposes consistent with this subchapter, and may resume the making of grants under this subsection at any time after previously suspending the making of such grants.
29 Del. C. § 6602A — Delaware Code / Title 29 / Chapter 66A / Section 6602A
§ Â
        6602A. Definitions.
Status: in_force

As used in this chapter:

(1) “Library construction” includes, but is not limited to, the acquisition, construction, reconstruction, alteration, remodeling or enlargement of library buildings, the acquisition or installation of apparatus or equipment or the acquisition of land required as sites for such buildings, including land or rights in land needed to provide access to sites, 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 following items are not considered to be included within the definition of “library construction:” Supplies, computers, debt service on loans, maintenance items and operating costs.

(2) “Non-state share” means:

a. A sum of money from sources other than state funds;

b. The fair market value of:

1. Developed and/or undeveloped land not currently used as a public library site but to be used as the location for “library construction” as defined herein, including parking lots; or

2. An existing facility under development not currently used as a public library but to be used as the location for “library construction”, as defined herein; or

3. An existing facility and/or land currently used as a public library site, including parking lots, to which deed title was conveyed to the public library governing authority after July 1, 1992.

The aggregate value of the money, lands and facilities described in paragraphs (2)a. and b. of this section, when provided by any source other than the state and matched with the state share, will equal the total cost of the proposed library construction.

(3) “State share” means that maximum sum of money which may be paid from state sources for a library construction project.

(4) “Total cost” means the maximum sum or sums of money which may be spent for a library construction project, provided that nothing contained in this chapter shall prevent any non-state source from increasing said total cost by providing a larger amount from non-state sources than that stated as that non-state share, nor prevent the acceptance and use of any funds appropriated by the Congress of the United States for these purposes.
29 Del. C. § 8811 — Delaware Code / Title 29 / Chapter 88 / Subchapter II / Section 8811
§ Â
        8811. Established; composition; powers [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) There is established the Delaware Commission of Veterans Affairs.

(b) The Commission is composed of 15 Commissioners all of whom are appointed by the Governor for terms of 4 years. Commissioners must be veterans, residents of this State, and citizens of the United States.

(1) Ten Commissioners shall be representatives of statewide veterans organizations that are chartered by Congress or authorized under federal law. Where a Commissioner represents a veterans organization, that organization must, within 60 days prior to the expiration of a Commissioner’s term or within 30 days following a vacancy, submit to the Office of the Governor a letter of recommendation which shall include at least 3 nominees and their application packet. Commissioners who are appointed to represent a statewide veterans organization must, during the course of their term, remain members in good standing of the nominating organization. The following veterans organizations shall be represented on the Commission:

a. American Legion.

b. American Veterans.

c. Air Force Sergeants Associations.

d. Disabled American Veterans.

e. Korean War Veterans or National Association of Black Veterans. Until such time as any current Korean War Veterans representative serving as Commissioner as of August 9, 2023, has completed a current full term or otherwise resigned the commission, that Commissioner shall retain the appointment and seat on the Commission. At the completion of that term or upon resignation of the Commissioner, the Korean War Veterans Commissioner seat shall be filled by a representative of the National Association of Black Veterans.

f. Marine Corps League.

g. Military Officers Association of America.

h. Military Order of the Purple Heart.

i. Veterans of Foreign Wars.

j. Vietnam Veterans of America.

(2) Five Commissioners shall be at-large Commissioners, who shall also be a member of any veterans organization or may be a veteran who has applied directly to the Office of the Governor.

(c) For purposes of this section, a “veteran” is any person who has served on active duty in the U.S. Armed Forces, including the National Guard or the reserves, and who was discharged under other than dishonorable conditions.
29 Del. C. § 8602 — Delaware Code / Title 29 / Chapter 86 / Section 8602
§ Â
        8602. Powers, duties and functions.
Status: in_force

The Delaware State Housing Authority is established having the powers, duties and functions as follows:

(1) DSHA shall serve as the Governor’s staff agency in all general housing and community development matters.

(2) DSHA shall harmonize its activities with similar activities of other departments, boards, commissions, agencies or instrumentalities of federal, state, county or municipal government, and shall coordinate its activities, to the extent feasible, with nonprofit and limited profit housing sponsors.

(3) DSHA shall be responsible for the fulfillment of all duties and functions, and shall be vested with all powers, specified in Chapter 40 of Title 31.
29 Del. C. § 8218 — Delaware Code / Title 29 / Chapter 82 / Section 8218
§ Â
        8218. Annual report.
Status: in_force

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. § 6606A — Delaware Code / Title 29 / Chapter 66A / Section 6606A
§ Â
        6606A. Retroactivity.
Status: in_force

Any library construction project certified by the Delaware Division of Libraries and the Delaware Council on Libraries may proceed with planning, design and other construction expenditures using local funds and any state assistance may be applied retroactively to such costs incurred after the date of such certification, provided however, that certification of such project shall not bind the State to provide assistance.
29 Del. C. § 2113 — Delaware Code / Title 29 / Chapter 21 / Section 2113
§ Â
        2113. Fatherâs Day proclamation.
Status: in_force

The Governor may issue annually a proclamation 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, on the third Sunday in June, known as Father’s Day, as a public expression of love and reverence for the fathers of our State and as an inspiration for better homes and closer ties between fathers and the State.
29 Del. C. § 4710 — Delaware Code / Title 29 / Chapter 47 / Section 4710
§ Â
        4710. Records and reports; evidence.
Status: in_force

(a) The Chief Medical Examiner is to keep full and complete records of the Division of Forensic Science pertaining to the investigation of deaths and postmortem examinations. Such records shall be properly indexed, giving the name, if known, of every deceased person investigated, the place where the body was found, the date and the cause of death and all other available information relating thereto. The original report of Medical Examiners and the detailed findings of the autopsy and subsequent laboratory examinations, if any, shall be attached to the record of each case.

(b) The Chief Medical Examiner shall deliver to the Attorney General copies of all records relating to every death in which, in the judgment of the investigating Medical Examiner, further investigation may be deemed advisable.

(c) The Attorney General may obtain from the Division of Forensic Science copies of all records or other information which the Attorney General may deem necessary.

(d) The records of the Division of Forensic Science prepared by the Director of the Division of Forensic Science or by anyone under the Director’s direction or supervision or a true copy thereof certified by the Director or the Chief Medical Examiner shall be received as competent evidence in any court in this State of the matters and facts therein contained.
29 Del. C. § 525 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 525
§ Â
        525. Delaware Cultural Access Fund.
Status: in_force

(a) There is hereby established a special fund to be known as the Delaware Cultural Access Fund. Such fund shall consist of revenues derived from the imposition of the additional fee authorized pursuant to § 9607 of Title 9 which may be supplemented in the discretion of the Secretary of State by funds received through § 2311 of this title and the Technology Infrastructure Fund in the Department of State.

(b) These funds shall be used to promote, preserve and protect the State’s cultural assets and shall be used to fund services provided through the Delaware Public Archives, Division of Libraries, Division of the Arts, and Division of Historical and Cultural Affairs.

(c) All fees received by the State Treasurer and other moneys appropriated or received for the purposes stated in subsection (b) of this section shall be deposited in an appropriated special fund which shall be administered by the Secretary of State, under the same type of budget and financial controls as the General Fund of this State.

(d) [Deleted.]
29 Del. C. § 6080 — Delaware Code / Title 29 / Chapter 60C / Section 6080
§ Â
        6080. Findings and purpose.
Status: in_force

(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

(b) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

(c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

(d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.

(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement,” with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

(f) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interests of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
29 Del. C. § 8702 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8702
§ Â
        8702. Secretary; division directors; Acting Secretary; appointment.
Status: in_force

(a) The administrator and head of the Department is the Secretary of State (“Secretary”).

(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 assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such persons 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 assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary of State or the 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 such absence or incapacity or until the successor is duly qualified and appointed.
29 Del. C. § 6602 — Delaware Code / Title 29 / Chapter 66 / Section 6602
§ Â
        6602. Contracting for library services.
Status: repealed

(a) In order to encourage the maintenance and development of proper standards, including personnel standards, hours of operation, library materials, collection standards and interlibrary resource sharing, and to provide for the development of statewide public library service, the Delaware Division of Libraries may contract with any public library, including privately incorporated public libraries or public library systems established pursuant to Chapter 8 of Title 9, which qualifies under standards established by the Division with the approval of the Delaware Council on Libraries, to provide library services.

(b) The formula for services purchased by the Division of Libraries shall be as follows for fiscal year 2012 and in each succeeding fiscal year:

(1) Forty percent of the total funds appropriated under this chapter shall be allocated among each of the contracting public libraries based upon actual expenditures, exclusive of state or federal funds, for public library services by such contracting public library and by the political subdivision or subdivisions operating or participating in the public library or public library system in the most recently completed fiscal year or in the case of a newly-constructed or renovated public library project based upon expenditures in the current fiscal year subject to adjustment for actual expenditures at fiscal year end, as determined by the Division of Libraries and Delaware Council on Libraries; and

(2) Forty percent of the total funds appropriated under this chapter shall be allocated among each of the contracting public libraries on a per capita basis for persons served by the public library or public library system as determined by the Division of Libraries with the approval of the Council on Libraries; and

(3) Ten percent of the total funds appropriated under this chapter shall be allocated to the Division of Libraries to fund statewide library services, cooperative planning and evaluation services, and to enable public libraries and public library systems to meet standards established by the Division of Libraries with the approval of the Council on Libraries; and

(4) Up to 10% of the total funds appropriated under this chapter may be allocated to fund countywide and/or regional public library services provided through anchor public libraries approved by the Division of Libraries and Council on Libraries. The Division of Libraries may with the approval of the Council on Libraries use any portion of the funds set aside pursuant to this subsection to temporarily assist a contracting public library impacted by changes to the funding allocations as a result of a decennial census or the addition or expansion of a contracting public library. Any funds not allocated under this subsection shall be distributed to the contract public libraries on the same pro-rata basis as funds are allocated pursuant to paragraphs (b)(1) and (2) of this section to enable contract public libraries to improve collections, staffing or other priorities as mutually agreed by each public library and the Division of Libraries with the approval of the Council on Libraries.

(c), (d) [Repealed.]
29 Del. C. § 5003 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5003
§ Â
        5003. Delaware Economic Development Office â Created; purposes [Transferred].
Status: in_force

Transferred to § 8703A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9003C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9003C
§ Â
        9003C. Definitions.
Status: in_force

For the purposes of this chapter:

(1) “Agency” or “state agency” includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State. “Agency” or “state agency” does not include the legislative and judicial branches of state government, any non-executive branch agencies of the government, or any university, or local education agencies.

(2) “CIO” means Chief Information Officer of the State.

(3) “Department” means the Department of Technology and Information.

(4) “State” means State of Delaware.

(5) “Technology” means the following resources and initiatives used to acquire, transport, process, analyze, store and disseminate information or data electronically:

a. Data centers, infrastructure, hardware, technology project management, telecommunications and networking, software applications, service desk, information security, data management, and database administration; and

b. Digital government and online initiatives.
29 Del. C. § 6911 — Delaware Code / Title 29 / Chapter 69 / Subchapter II / Section 6911
§ Â
        6911. Authority and responsibilities.
Status: in_force

(a) The Section shall act as the exclusive contracting agent for all purchases of materiel and nonprofessional services and may act as the exclusive contracting agent for professional services not subject to the small purchasing procedures made by contracting agencies and as outlined in this subchapter and made by 2 or more covered agencies except for lodging and interstate and international travel and except as provided for in subsection (d) of this section.

(b) The Section shall have the following responsibilities for central contracts:

(1) Assembling the bid specification package;

(2) Conducting the advertising, bidding and awarding of each contract;

(3) Resolving disagreements between vendors and agencies; and

(4) Assuring that vendors and products meet the requirements of awarded contracts.

(c) Each agency that participates in a central contract shall have the following responsibilities for the materiel or service purchased under that contract:

(1) Providing and approving commodity specifications;

(2) Participating in user groups by requiring that appropriate covered agency staff attend user group meetings, as described in § 6912 of this title; and

(3) Providing information concerning contract effectiveness to the Section.

(d) Covered agencies shall exclusively use central contracts. A covered agency head may exempt the agency from a central contract only when all of the following conditions are met by the covered agency head:

(1) Demonstration that participation in a central contract would negatively impact the operations of the covered agency. However, operations, as used in this subsection, shall not include the fiscal impact to the covered agency;

(2) Demonstration that the covered agency has attempted to negotiate the specifications with the Section prior to the covered agency head exempting the materiel or service; and

(3) Demonstration that the exemption is an exception to the covered agency’s use of a central contract rather than a common practice.

Any exemption issued by an agency head under this subsection shall not be a blanket exemption but shall only apply to an individual central contract.

(e) The Administrator of the Section may waive the requirement that a covered agency use a state contract in the event the Administrator deems such a waiver is in the best interest of the State.
29 Del. C. § 6984 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6984
§ Â
        6984. Administrative provisions.
Status: in_force

In the case of any contract entered into by an agency other than any county of this State and other than a public school district, and which is not excluded under §§ 6980 and/or 6981 of this title, no contract shall be executed unless and until the firm has provided the agency with its taxpayer identification number (i.e., federal employer identification number or Social Security number) or its Delaware business license number and, within 15 days of the time identification of any subcontractor shall be required or at the time the contract is executed, whichever is later, the number of such subcontractor. The agency shall report to the Division of Revenue each firm and subcontractor selected for an award within 15 days of identification of such firm or subcontractor under this section unless the Director of the Division of Revenue notifies the agency of criteria according to which, in the Director’s discretion, reporting is not required, and the contract meets such criteria.
29 Del. C. § 510 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 510
§ Â
        510. Transfer of records upon termination of state agencies; political subdivisions.
Status: in_force

(a) All public records which are in or shall come into the possession of any state agency shall, upon termination of such agency, be transferred to the custody of the Delaware Public Archives, provided that such transfer is consistent with the provision of any such termination.

(b) All public records which are in or shall come into the possession of any political subdivision of this State shall, upon termination or revocation of the charter of such political subdivision, be transferred to the custody of the Delaware Public Archives.
29 Del. C. § 2105 — Delaware Code / Title 29 / Chapter 21 / Section 2105
§ Â
        2105. Rewards for arrest and conviction.
Status: in_force

The Governor may, whenever there are reasonable grounds for the belief that the laws of this State have been violated and it is necessary for the purpose of securing the arrest of the persons offending that a reward should be offered for the arrest and conviction of such persons, issue a proclamation offering such reward as in the opinion of the Governor and the Attorney General is proper for such arrest and conviction. Upon the arrest and conviction, the amount so offered shall be paid upon a warrant drawn by the Governor on the State Treasurer in favor of the persons, certified by the Attorney General to be entitled thereto, out of any money in the Treasury not otherwise appropriated. The reward shall not exceed the sum of $250 in cases of felonies not capital and shall not exceed the sum of $2,000 in capital felonies. No reward shall be paid to any officer who arrests such person in the regular discharge of the officer’s duty by virtue of process in the officer’s hands to be executed nor to any person who has arrested the offender previous to the publication of the reward.
29 Del. C. § 4322A — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4322A
§ Â
        4322A. Signature if individual unable to sign.
Status: in_force

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.
29 Del. C. § 7102 — Delaware Code / Title 29 / Chapter 71 / Section 7102
§ Â
        7102. Mileage rate.
Status: in_force

The authorized mileage rate for employees of the State, its agencies and departments shall be 50 cents per mile effective July 1, 2023.
29 Del. C. § 7904A — Delaware Code / Title 29 / Chapter 79A / Section 7904A
§ Â
        7904A. Powers and duties.
Status: in_force

The Cemetery Board shall have authority to:

(1) Promulgate rules and regulations necessary to implement this chapter;

(2) Designate the registration form to be used by all registrants;

(3) Administer the Distressed Cemetery Fund;

(4) Designate the form to be submitted by applicants for assistance from the Fund;

(5) Designate a cemetery as “distressed” based on standards set forth herein and in the rules and regulations;

(6) Authorize payment to a distressed cemetery from the Fund. Decisions can be conditional but the conditions must be related to the specific project in question;

(7) Require a thorough accounting of each recipient’s use of money from the Fund;

(8) Receive and forward to appropriate agencies of the State, or other organizations, complaints from any person relating to a Delaware cemetery;

(9) Address specific cemetery issues as requested by the Governor or the General Assembly.
29 Del. C. § 2713 — Delaware Code / Title 29 / Chapter 27 / Section 2713
§ Â
        2713. Refunding of improperly collected fees.
Status: in_force

In the event any agency of this State having the power to collect fees or other receipts that become revenue to the General Fund of the State shall improperly collect and deposit such fees or other receipts with the State Treasurer, the State Treasurer shall have the authority, except as otherwise provided specifically by law, upon certification by the collecting agency that a fee or other receipt was improperly collected and deposited, to make a refund from the General Fund of the State in the amount improperly collected and deposited to the person from whom the fee or receipt was improperly collected.
29 Del. C. § 7422 — Delaware Code / Title 29 / Chapter 74 / Section 7422
§ Â
        7422. Limitations on debt and other obligations.
Status: in_force

(a) For the purposes of this section:

(1) “Aggregate maximum annual payments” on all tax supported obligations and all Transportation Trust Fund debt obligations outstanding, plus certain lease obligations as described in subsection (c) of this section, means the maximum payments due with respect to all such obligations in any 1 fiscal year. In any case where the terms of any such obligation include limitations on the incurrence of additional debt, the determination of maximum annual payments with respect to such obligation shall be determined consistently with those terms.

(2) a. “Tax supported obligations of the State” means all of the following:

1. All obligations of the State or any agency or authority thereof to which the State’s full faith and credit is pledged to pay directly or by guarantee, provided that any such guaranteed obligations shall be included only to the extent any such obligations are in default.

2. All obligations of the State or any agency or authority thereof extending beyond 1 year with respect to the lease, occupancy, or acquisition of property which are incurred in connection with debt financing transactions, such as certificates of participation, and which are payable from taxes, fees, permits, licenses, and fines imposed or approved by the General Assembly.

b. “Tax supported obligations of the State” do not include any of the following:

1. Obligations incurred to acquire a like principal amount of full faith and credit obligations issued by a local school district to the extent such local school district obligations are not in default.

2. Any obligations of the Delaware Transportation Authority.

3. Any tax or other revenue anticipation notes or bonds of the State.

4. Any obligations to the extent that the debt service with respect thereto is reasonably expected to be offset, as determined by the Secretary of Finance, by lease payments, user fees, federal grants, or other payments from some source other than the General Fund. Such payments must be used expressly for the purpose of paying such debt service.

5. Obligations incurred to acquire a like principal amount of promissory notes or bonds issued by Delaware Technical and Community College and secured by the non-appropriated funds held in the Community College Infrastructure Fund, under subchapter II, Chapter 91 of Title 14, as certified to the Secretary of Finance by the Chair of the Board of Trustees, in a form approved by the Secretary of Finance, to the extent such notes or bonds of the College are not in default.

(3) “Transportation Trust Fund debt obligations” means all debt obligations of the Delaware Transportation Authority, including all obligations extending beyond 1 year with respect to the lease, occupancy, or acquisition of property which are incurred in connection with debt financing transactions, such as certificates of participation, and which in any case are payable from the Transportation Trust Fund. Transportation Trust Fund debt obligations do not include any obligations to the extent that the debt service with respect thereto is reasonably expected to be offset, as determined by the Secretary of Finance, by lease payments, user fees, federal grants, or other payments from some nonstate source.

(b) The aggregate principal amount of tax supported obligations of the State which may be authorized by the State in any 1 fiscal year may not exceed 5% 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 the 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. Any amount of tax supported obligations which are duly authorized in any fiscal year within the limits of this subsection, and then are later deauthorized, may subsequently be reauthorized without regard to the authorization limit otherwise provided by this subsection. Any amount of tax supported obligations which were duly authorized before July 1, 1991, and which are duly deauthorized after June 30, 1991, may subsequently be reauthorized without regard to the authorization limit otherwise provided by this subsection. Obligations authorized to refund other obligations of the State shall not be subject to the limits of this subsection (b).

(c) No tax supported obligation of the State and no Transportation Trust Fund debt obligation of the Delaware Transportation Authority may be incurred if the aggregate maximum annual payments on all such outstanding obligations (plus certain lease obligations described below) will exceed 15% of the estimated aggregate General Fund revenue from all sources (not including unencumbered funds remaining at the end of the previous fiscal year), plus estimated Transportation Trust Fund revenue, in both cases for the fiscal year following the fiscal year in which such obligation is incurred, such estimated revenue as determined by the most recent projections made by the Delaware Economic and Financial Advisory Council and adjusted, if appropriate, by the fiscal impact of subsequently enacted legislation as certified by the Secretary of Finance. The lease obligations referred to in the preceding sentence shall mean: (i) All obligations of the State or any agency or authority thereof which are payable from taxes, fees, permits, licenses and fines imposed or approved by the General Assembly; and (ii) all obligations of the Delaware Transportation Authority which are payable from the Transportation Trust Fund, which in either case extend beyond 1 year and are with respect to the lease, occupancy or use of property provided that such lease obligations shall not include any obligations, the lease payments with respect to which are reasonably expected to be offset (as determined by the Secretary of Finance) by lease payments, user fees, federal grants or other payments from some nonstate source. For the purposes of this subsection, the maximum annual payments on the above-described lease obligations shall be as of the most recent date available as certified by the Secretary of Finance.

(d) No obligation to which the State’s full faith and credit is pledged may be incurred if the maximum annual debt service payable in any fiscal year on all such outstanding obligations will exceed the State’s cumulative cash balances for the fiscal year following the fiscal year in which such obligation is incurred as estimated by the Secretary of Finance. For the purposes of this subsection, there shall not be included: (i) Obligations incurred to acquire a like principal amount of full faith and credit obligations issued by a local school district to the extent such local school district obligations are not in default; (ii) obligations guaranteed by the State except to the extent such obligations are in default; (iii) general obligation bonds of the State issued prior to January 1, 1987, for the transportation related projects as certified by the Secretary of Finance; (iv) tax or other revenue anticipation notes of the State; or (v) any obligations to the extent that the debt service with respect thereto is reasonably expected to be offset (as determined by the Secretary of Finance) by lease payments, user fees, federal grants or other payments from some source other than the General Fund.

(e) There shall be attached to every bill and amendment introduced in the House of Representatives and/or in the Senate, of the General Assembly, which authorizes the incurrence of a tax supported obligation described in subsection (b) of this section, a debt statement in substantially the following form:

The Secretary of Finance shall file said debt limit statement within 10 days of said joint resolution with the Office of the Controller General and the Director of the Office of Management and Budget.

(f) The certification of the Secretary of Finance referred to in this section shall be in substantially the following form:

Certification of Secretary of Finance Regarding

Certain Revenue Supported Debt

____ B. No. ______ would authorize the issuance of $ ____________ principal amount of obligations of the State for the purposes of ________________________. [Describe the arrangement pursuant to which it is expected that the debt service will be offset by lease or other payments].

Accordingly, I hereby certify that I reasonably expect that the debt service on $ ____________ principal amount of the above-described bonds will be offset by payments to the State which are described in Title 29, Delaware Code, § 7422(a)(2)b.4, (a)(3) or (d)(v).

________Date________________________________Secretary of Finance
29 Del. C. § 6002 — Delaware Code / Title 29 / Chapter 60 / Section 6002
§ Â
        6002. Definitions.
Status: in_force

As used in this chapter, unless the context indicates a different intent:

(1) “Certified disaster service volunteer” or “volunteer” means any person who has completed the necessary training for and been certified as a disaster service specialist by the American Red Cross.

(2) “Disaster” means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures, including both national and state disasters.

(3) “State agency” or “agency” means any state office, officer, official, department, board, commission, institution, bureau, agency, division or unit of the State, including those within the legislative and judicial branches of state government.
29 Del. C. § 6055 — Delaware Code / Title 29 / Chapter 60A / Section 6055
§ Â
        6055. Payroll deductions.
Status: in_force

The Department of Finance and the State Treasurer are authorized to make payroll deductions under this chapter pursuant to regulations adopted by the Board for any public officer or employee of the State who has authorized such deductions in writing. The Treasurer of the State shall account for all such payroll deductions and shall make payment of such deductions in accordance with regulations adopted by the Board. Any income deferred under such a plan shall continue to be included as regular compensation for the purpose of computing the contributions to and benefits from the State Employees’ Pension Plan, any pension plan for members of the state judiciary and any pension plan for members of the State Police. Unless subject to the provisions of § 6062 of this title, any sum so deferred shall not be included in the computation of any federal or state income taxes withheld on behalf of any such employee, but shall be included for computation of Social Security Administration contributions.
29 Del. C. § 5091 — Delaware Code / Title 29 / Chapter 50 / Subchapter VII / Section 5091
§ Â
        5091. Allocation of state ceiling [Transferred].
Status: in_force

Transferred to § 8791A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 4810 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4810
§ Â
        4810. Sales to certain persons prohibited; penalties.
Status: in_force

(a) (1) It is unlawful for an individual who is under 18 years old to purchase a lottery ticket or participate in an internet ticket game.

(2) It is unlawful for an individual who is under 21 years old to wager on the video lottery, sports lottery, table games, internet table games, or internet video lottery.

(3) A violation of paragraph (a)(1) or (a)(2) of this section is an unclassified misdemeanor.

(4) An individual convicted of, adjudicated delinquent of, or placed on probation before judgment under § 4218 of Title 11 for violating this subsection must complete 5 hours of counseling on problem gambling.

(5) The Justice of the Peace Court has original jurisdiction over a violation of this subsection by an individual who is 18 years of age or older. The Family Court has original jurisdiction over a violation of this subsection by an individual 17 years of age or younger.

(b) No ticket shall be sold to any person under the age of 18 years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age.

(c) No licensed video lottery agent, sports lottery agent, or employee of such agents shall allow a person under the age of 21 to wager on the video lottery, table games, sports lottery, internet table games, or internet video lottery.

(d) A violation of subsection (b) or (c) of this section shall be a misdemeanor, except that the establishment of the following facts shall constitute a defense to any prosecution therefor:

(1) That the underage person presented proof of age or photographic identification that would lead a reasonable person to believe that the underage person was over the minimum age required in this section.

(2) That the appearance of the underage person was such that an ordinary prudent person would believe that the person was over the minimum age required in this section.

(e) No Delaware lottery games, including ticket games, video lottery, sports lottery, internet lottery, internet ticket games, keno, and table games, may be played by and no prizes received by or awarded to any officers or employees of the State Lottery Office or any member of their immediate households. Any person convicted of violating this section shall forfeit any prize money so obtained and shall be sentenced to not less than 1 year in jail and pay a fine of no less than $5,000.
29 Del. C. § 516 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 516
§ Â
        516. Responsibility of the Delaware Public Archives concerning records created or reproduced by photographic or microphotographic means; admissibility of photographic copies of records in evidence.
Status: in_force

(a) The Delaware Public Archives shall be responsible for monitoring the use of photographic or microphotographic processes in the creation or duplication of public records.

(1) The Delaware Public Archives shall enforce compliance with approved procedures and standards of quality, to be established by the Delaware Public Archives pursuant to the provisions of this chapter, regarding creation and storage of public records by microphotography or other means.

(2) Destruction of original records which have been duplicated shall require the prior approval of the Delaware Public Archives.

(b) Photographs, photocopies or microfilm of any record photographed, photocopied or microfilmed as provided in this chapter shall have the same force and effect as the originals thereof would have had and shall be treated as originals for the purpose of their admissibility in evidence. Certified or authenticated copies of such photographs, photocopies or microfilm or enlargements thereof shall be admitted in evidence equally with the original photographs, photocopies or microfilm.
29 Del. C. § 2202 — Delaware Code / Title 29 / Chapter 22 / Section 2202
§ Â
        2202. Certification of election of Governor.
Status: in_force

As soon as possible after every general election at which a Governor has been elected, the Commissioner of Elections shall certify to the Director of the Office of Management and Budget and the State Auditor the fact and results of such election.
29 Del. C. § 7406 — Delaware Code / Title 29 / Chapter 74 / Section 7406
§ Â
        7406. Terms, forms and contents of bonds; installment payments.
Status: in_force

(a) The resolution of the issuing officers authorizing the issuance of bonds may include provisions for the date or dates of such bonds; the maturity of such bonds, which shall not exceed 20 years from their date; provisions for serial, term or “capital appreciation” bonds; sinking fund or reserve fund requirements, if any; due dates of the interest thereon; the form of bonds (including whether bonds shall be certificated or uncertificated); the denominations and designation of bonds; registration, conversion and transfer privileges; the terms of redemption with or without premium; the date and manner of sale of bonds (which may be a public or private negotiated sale at a price above or below par); provisions for the consolidation of bonds authorized to finance all or a portion of the costs of projects authorized in 1 or more authorization acts with bonds authorized by 1 or more authorization acts; limitations with respect to the interest rate or rates on bonds; provisions for receipt and deposit or investment of the good faith deposit pending delivery of bonds and such other terms and conditions of bonds and of the issuance and sale thereof as the issuing officers may determine to be in the best interests of the State.

(b) Notwithstanding the foregoing provisions of this section or any other law to the contrary, the issuing officers shall be required to provide in the resolution authorizing the issuance of general obligation bonds of the State (other than capital appreciation bonds as defined in § 7425 of this title):

(1) For the payment of bonds in annual installments, the first of which shall be not more than 1 year from the date of such bonds; and

(2) That no annual installment, except in the case of refunding of the bonds, shall be more than any prior installment of those bonds.
29 Del. C. § 6603C — Delaware Code / Title 29 / Chapter 66C / Section 6603C
§ Â
        6603C. Definitions.
Status: in_force

As used in this chapter:

(1) “Inappropriate materials” means visual depictions which are obscene;

(2) “Minor” means an individual under the age of 18; and

(3) “Obscene” has the meaning defined in § 1364 of Title 11.
29 Del. C. § 9015D — Delaware Code / Title 29 / Chapter 90D / Section 9015D
§ Â
        9015D. Transfers and continuity.
Status: in_force

(a) All books, records, papers, maps, charts, plans and other material including any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department of Human Resources shall, on July 1, 2017, be delivered into the custody of the said Department. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred by this chapter and not concluded prior to July 1, 2017, shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and which are in effect on July 1, 2017, shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Department by this chapter and being in force on July 1, 2017, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.

(b) Employees of any agency whose functions are consistent with and have been transferred to the Department of Human Resources by this chapter shall continue and be deemed to be the employees of the said Department on July 1, 2017, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2017.

(c) 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 they are consistent with this chapter and in connection with a function transferred to the Department of Human Resources, be construed as referring and relating to the Department of Human Resources as created and established by this chapter.

(d) 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 they are consistent with this chapter and in connection with a function transferred by this chapter to the Department of Human Resources, 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. § 330 — Delaware Code / Title 29 / Chapter 3 / Section 330
§ Â
        330. State sea turtle.
Status: in_force

The loggerhead turtle (Caretta caretta) is the official sea turtle of the State.
29 Del. C. § 7902A — Delaware Code / Title 29 / Chapter 79A / Section 7902A
§ Â
        7902A. Definitions [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

As used in this chapter unless otherwise stated:

(1) “Abandoned cemetery” means a cemetery where there is no owner of record in the respective county’s recorder of deeds records.

(2) “Board” means the Cemetery Board established in this chapter.

(3) “Cemetery” means land or structure used or intended to be used for the interment or entombment of human remains including facilities used for the final disposition of final remains following cremation or “natural organic reduction,” as defined under § 3101 of Title 16.

(4) “Cemetery company” means a person engaged in the business of 1 more of the following:

a. Selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery property, a single grave, or entombment right therein will be indefinitely cared for.

b. Maintaining a facility used for the interment of human remains, whether a full body, cremated remains, or remains following “natural organic reduction,” as defined under § 3101 of Title 16.

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

(6) “Distressed cemetery” means any land or structure used or intended to be used for the interment or entombment of human remains including facilities used for the final disposition of cremated remains or remains following “natural organic reduction,” as defined under § 3101 of Title 16, whereby the owner lacks sufficient financial resources for the maintenance or preservation of the cemetery as determined by the Board. An abandoned cemetery may qualify as a distressed cemetery if registered with the State by a responsible party or volunteer.

(7) “Distressed Cemetery Fund” or “Fund” means the money collected under this chapter for maintenance or preservation of a distressed cemetery.
29 Del. C. § 5926 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5926
§ Â
        5926. Reinstatement.
Status: in_force

The rules shall provide for reinstatement within 2 years, with the approval of the Secretary, of persons who resign in good standing or who are laid off without fault or delinquency on their part.
29 Del. C. § 4304 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4304
§ Â
        4304. Appointment of notary for each bank or branch.
Status: in_force

The Governor shall appoint 1 notary public for each trust company, bank, banking association or branch or branches thereof in this State, whether state or national, chartered or organized under the laws of this State or of the United States.
29 Del. C. § 1105 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1105
§ Â
        1105. Powers of the Council.
Status: in_force

The Council shall:

(1) Receive recommendations and suggestions for studies or legislation from all sources;

(2) Appoint committees and subcommittees which shall include only members of the General Assembly and at least 1 Council member and which shall be subject to the authority of the Council;

(3) Adopt such rules and procedures as may be necessary or appropriate to carry out its duties;

(4) Request information from any officer or agency of the State or of its political subdivisions bearing on subjects under consideration by the Council or by any of its committees or subcommittees.
29 Del. C. § 5401 — Delaware Code / Title 29 / Chapter 54 / Section 5401
§ Â
        5401. Definitions.
Status: in_force

As used in this chapter:

(1) “Authorized officer” means any official of this State or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.

(2) “Facsimile signature” means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer.

(3) “Instrument of payment” means a check, draft, warrant or order for the payment, delivery or transfer of funds.

(4) “Public security” means a bond, note, certificate of indebtedness or other obligation for the payment of money issued by this State or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions.
29 Del. C. § 4322 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4322
§ Â
        4322. Authority to refuse to perform notarial act.
Status: in_force

(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that all of the following apply:

(1) The individual executing the record is competent or has the capacity to execute the record.

(2) The individual’s signature is knowingly and voluntarily made.

(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this subchapter.
29 Del. C. § 8792 — Delaware Code / Title 29 / Chapter 87 / Subchapter III / Section 8792
§ Â
        8792. Board of Directors of the Riverfront Development Corporation of Delaware; membership; chair; quorum.
Status: in_force

(a) The Board of Directors (“Board”) of the Riverfront Development Corporation consists of 21 directors, as follows:

(1) The following 8 directors who serve by virtue of their position:

a. The Governor, or a designee appointed by the Governor.

b. The President Pro Tempore of the Senate, or a designee appointed by the Pro Tempore.

c. The Speaker of the House of Representatives, or a designee appointed by the Speaker.

d. The Senate Co-Chair of the Joint Legislative Committee on Capital Improvement, or a designee appointed by the Senate Co-Chair.

e. The House of Representatives Co-Chair of the Joint Legislative Committee on Capital Improvement, or a designee appointed by the House of Representatives Co-Chair.

f. The New Castle County Executive.

g. The Mayor of the City of Wilmington.

h. The President of the City of Wilmington Council.

(2) Eight directors appointed by the Governor. The directors appointed by the Governor must have experience in economic development. The Governor shall appoint 1 of the directors appointed by the Governor to serve as Chair of the Board.

(3) One director appointed by the President Pro Tempore of the Senate.

(4) One director appointed by the Speaker of the House of Representatives.

(5) One director appointed by the Mayor of the City of Wilmington. The director appointed by the Mayor must be selected from among private citizens who are active in the nonprofit community or residential organizations in the City of Wilmington.

(6) Two directors elected by a majority of the Board.

(b) An appointed director of the Board serves at the pleasure of the appointing authority.

(c) All of the following apply to directors elected by the Board under paragraph (a)(6) of this section:

(1) A director who has served for a full term of 4 years may be reelected for only 1 additional term.

(2) A director who misses 3 consecutive meetings may be assumed to have resigned. The Board may accept a resignation and elect a new director.

(3) A director may be removed by the Board for misfeasance, nonfeasance, or malfeasance.

(d) If the Board establishes a community advisory board, the director appointed by the Mayor of the City of Wilmington must be the chair of the community advisory board.

(e) A majority of the Board constitutes a quorum.
29 Del. C. § 10408 — Delaware Code / Title 29 / Chapter 104 / Section 10408
§ Â
        10408. Interagency cooperation.
Status: in_force

Every agency of state government is authorized and required to furnish upon request such advice and assistance to any other agency considering exemptions pursuant to this chapter.
29 Del. C. § 9206 — Delaware Code / Title 29 / Chapter 92 / Subchapter II / Section 9206
§ Â
        9206. Local jurisdiction authorities, roles and responsibilities.
Status: in_force

(a) Nothing in this subchapter shall be construed to deny local jurisdictions their final decision-making authority over proposed local land use planning actions.

(b) The local jurisdiction shall, in accordance with this chapter, make its final decision and notify the Office of State Planning Coordination of such decision as soon as possible.
29 Del. C. § 902 — Delaware Code / Title 29 / Chapter 9 / Section 902
§ Â
        902. Preservation of bills and resolutions passed.
Status: in_force

All bills and resolutions passed by the General Assembly which are published in the Session Laws are to be preserved by being printed, stenciled, or typewritten and not copied or transcribed with the pen. The original of all bills and resolutions are to be produced in a manner approved by the State Archivist and Records Administrator and the Director of the Division of Legislative Services, or the Director’s designee, for permanency and legibility.
29 Del. C. § 8055 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8055
§ Â
        8055. Governorâs Energy Advisory Council.
Status: repealed

(a) There is hereby established the Governor’s Energy Advisory Council.

(b) The Governor’s Energy Advisory Council shall monitor Delaware’s energy system, identify and propose actions to enhance Delaware’s energy system, including actions to lessen the climate change impacts of Delaware’s energy system, and provide counsel to the Governor on promoting an economic, reliable and competitive energy market for all Delaware consumers.

(c) The Governor’s Energy Advisory Council shall be assigned the following responsibilities:

(1) [Repealed.]

(2) Providing recommendations to the State Energy Office on updates to the Delaware Energy Plan and Climate Action Plan every 5 years from date of enactment. The updating process shall include a process for public input and measures for progress in attaining goals identified in the plans.

(3) Monitoring federal, state and regional energy issues, identifying the impacts on Delaware and recommending actions and policies to the Governor and General Assembly in response to identified issues.

(4) Other duties as referred by the Governor.

(d) The Governor’s Energy Advisory Council shall be composed of 25 members as follows:

(1) A Chair to be appointed by the Governor for a term of 3 years and who shall be eligible for re-appointment for terms of 3 years.

(2) Chair of the Public Service Commission or their designee.

(3) The Public Advocate or their designee.

(4) Chair of the Weatherization Assistance Program Policy Advisory Council or their designee.

(5) The Executive Director of the Delaware Sustainable Energy Utility or their designee.

(6) Fifteen members who shall be appointed by the Governor representing, to the extent possible, the following constituencies: electricity transmission; electricity distribution; electricity generation; economically or environmentally overburdened and underserved communities; Public Service Commission-regulated, municipal, and cooperative public utilities; agriculture and/or agribusiness; utilities; solar energy; wind energy; energy efficiency; innovative energy technology; industrial electricity users; transportation fuels; and environmental, public health, and energy interests. These members shall be appointed by the Governor as follows:

a. Five members shall be appointed for 3-year terms;

b. Five members shall be appointed for initial 2-year terms;

c. Five members shall be appointed for initial 1-year terms;

d. Thereafter, appointees shall serve for 3-year terms.

(7) The Secretaries of Transportation, Natural Resources and Environmental Control, and Agriculture or their designees shall serve as ex-officio members.

(8) One member of the Senate appointed by the President Pro Tempore of the Senate.

(9) One member of the House of Representatives appointed by the Speaker of the House of Representatives.

(e) An appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term. Members shall continue to serve after the expiration of their terms until they resign, are reappointed or are replaced.

(f) Members of the Advisory Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members in accordance with state law.

(g) The Chair of the Advisory Council may establish such subcommittees of the Advisory Council as the Chair determines would provide assistance to the Advisory Council in meeting its responsibilities. Any subcommittee shall be chaired by an Advisory Council member or their designee.

(h) A quorum of the Advisory Council is a majority of its members. A vacant position is not counted for quorum purposes. Official action by the Advisory Council requires the approval of a majority of the members present at a meeting with a quorum.

(i) The State Energy Office shall provide staff support to the Advisory Council.

(j) Annual report. —

On or before January 31, 2023, and on or before every January 31 thereafter, the Council shall submit an annual report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives for distribution to the members of the General Assembly, with a copy to the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.
29 Del. C. § 8705A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8705A
§ Â
        8705A. Division of Small Business â Powers, duties, and functions of Director.
Status: repealed

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

(1) To supervise, direct and account for the administration and operation of the Division, its subdivisions, offices, functions and employees.

(2) To serve as Chairperson of the Delaware Economic Development Authority and to supervise the administration of the Authority and to perform all duties heretofore vested in the Director of the Delaware Economic Development Office and the Secretary of the Department of Community Affairs and Economic Development as shall be related to the Authority.

(3) To appoint and remove the staff of the Division in accordance with this chapter and such other limitations as may be imposed by law.

(4) To advise the Secretary and other officials of the state government on all matters of economic development and to consult with them on matters of economic development affecting the duties and responsibilities of their offices.

(5) To have access (or to designate staff members who shall have access) to information, reports and data which relate to economic development which are in the possession of departments, boards, commissions, agencies or instrumentalities of the State or in the possession of county, municipal or other local agencies and instrumentalities.

(6) To hold hearings on matters of general economic development or such other matters as may be required by law after notice thereof to interested parties.

(7) To attend and participate in meetings of federal, county or municipal economic development bodies, interstate agencies and other entities, whether public or private. The Director may cooperate with such instrumentalities in matters affecting the duties and responsibilities of the Division.

(8) To establish, consolidate or abolish such subdivisions within the Division or transfer or combine the powers, duties and functions of the subdivisions within the Division as the Director may deem necessary, and subject to the approval of the Secretary, provided that all powers, duties and functions required by law shall be provided for and maintained.

(9) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services of private and public consultants, professional, research and technical personnel, including the temporary exchange of personnel from all public or private entities, and to procure by contract consulting, research, professional, technical and other services, whenever they shall be deemed by the Director, subject to the approval of the Secretary, necessary or desirable in the performance of the functions of the Division and whenever funds shall be available for such purpose. Legal services shall be procured pursuant to Chapter 25 of this title.

(10) To delegate any of the Director’s powers, duties or functions to a member of the staff authorized by this subchapter, except the power to remove employees of the Division or to fix their compensation.

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

(12) To occupy and/or maintain such facilities as may be required for the effective and efficient operation of the Division.

(13) To adopt an official seal or seals for the Division, subject to the approval of the Secretary.

(14) To exercise all other powers necessary and proper for the discharge of the Director’s duties and such other powers as may be delegated by the Secretary, not inconsistent with state law.

(15) [Repealed.]

(16) To develop a 5-year Comprehensive State Plan for Economic Development.

a. The Plan shall include all of the following:

1. Description of the Division’s vision, goals, objectives, and strategies.

2. Identification of business sectors, including those sectors which have potential growth in this State’s economy and global business image.

3. Strategies to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State.

4. Potential partners for the implementation of the strategy required in paragraph (16)a.3. of this section, including federal and local governments, local and regional organizations for economic development growth, chambers of commerce, private businesses and investors, and nonprofit entities.

5. Strategies for talent development necessary to encourage economic development growth in this State, taking into consideration factors such as this State’s education and training opportunities and available workforce.

6. Strategies to engage women, veterans, and minorities in developing businesses.

7. Strategies to improve and develop tourism.

8. An analysis of current and projected economic indicators, which shall be completed through the Division’s coordination with the appropriate state agencies and shall include:

A. Unemployment rate.

B. Average annual wage.

C. Gross domestic product.

D. Number of jobs created.

E. Number of jobs retained.

9. An analysis of the return on investment produced through the Strategic Fund.

b. At least 2 months prior to submitting the Plan as required in this chapter, the Division shall hold a public meeting to allow public input regarding the Plan. The meeting shall be held in all 3 counties in this State. The Division may hold separate meetings in each county or hold 1 meeting and, through the use of technology, provide the public with access to attend and participate in the meeting simultaneously from each of the 3 counties.

c. The Plan shall be submitted every 5 years to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, the Secretary, and, for public distribution, to the Director and the Librarian of the Division of Legislative Services, and the Director of Public Archives. The Division shall also publish the Plan on the Division’s public website. The initial Plan is due December 1, 2020.
29 Del. C. § 10403 — Delaware Code / Title 29 / Chapter 104 / Section 10403
§ Â
        10403. Definitions [For application of this section, see 80 Del. Laws, c. 112, 7; and 80 Del. Laws, c. 113, 8].
Status: in_force

As used in this chapter:

(1) “Agency” means any authority, department, instrumentality, commission, offices, board or other unit of state government authorized by law to make regulations or issue licenses. Agency does not include the General Assembly, courts, municipalities, counties or other political subdivisions, joint state-federal, interstate or inter-municipal authorities or their agencies.

(2) “Agency regulatory statement” means any analysis or statement required to be submitted for publication by an agency to the Registrar of Regulations in accordance with this chapter.

(3) “Executive branch agency” means, for purposes of this chapter only, the Department of Agriculture, Department of Correction, Delaware National Guard, Delaware State Housing Authority, Department of Education, Department of Finance, Department of Health and Social Services, Department of Labor, Office of Management and Budget, Department of Natural Resources and Environmental Control, Department of Safety and Homeland Security, Department of Services for Children, Youth and Their Families, Department of State, Department of Technology and Information, Department of Human Resources and Department of Transportation.

(4) “Individual” means any natural person; provided, however, that the term “individual” shall not include any natural person who is affected by a regulation in such person’s capacity as an officer, director or employee of an organization which is not a small business.

(5) “Small business” means any not-for-profit enterprise, sheltered workshop or business enterprise which is engaged in any phase of manufacturing, agricultural production or personal service, regardless of the form of its organization, when such enterprise or workshop employs fewer than 50 persons, has gross receipts of less than $10,000,000 and is not owned, operated or controlled by another business enterprise.
29 Del. C. § 6404A — Delaware Code / Title 29 / Chapter 64A / Section 6404A
§ Â
        6404A. Department of Safety and Homeland Security.
Status: in_force

(a) The State Police shall have the primary authority to enforce traffic laws on all highways of the State, defined by the Department of Transportation as either full access control or partial access control, including but not limited to Route 1, Route 141 and the Puncheon Run Connector from Route 1 to Route 13, within municipalities in the State unless the State Police have, by specific signed agreement, authorized another jurisdiction to enforce traffic laws on such highways.

(b) Notwithstanding Chapters 63 and 69 of this title or any other statutory provision to the contrary, the Department of Safety and Homeland Security, Division of Communications is hereby granted exclusive authority to enter into agreements with private telecommunications companies to lease or license space for communication facilities on telecommunications towers and other facilities constructed for the 800 MHz Digital Trunked Radio System. The revenues received by the Department of Safety and Homeland Security Division of Communications under these agreements shall be deposited in a special fund and used for maintenance or other expenses associated with the 800 MHz Digital Trunked Radio System.
29 Del. C. § 9004E — Delaware Code / Title 29 / Chapter 90E / Section 9004E
§ Â
        9004E. Inspector General; term, compensation.
Status: in_force

(a) (1) The Inspector General shall serve a term of 5 years and is eligible for reappointment.

(2) a. At least 6 months before the end of a term, the Inspector General shall provide notice to the Secretary of State stating whether or not the Inspector General is seeking reappointment.

b. Before resigning during a term, the Inspector General shall provide written notice to the Governor, Secretary of State, President Pro Tempore of the Senate, and Speaker of the House of Representatives.

(b) (1) Under § 5 of Article XV of the Delaware Constitution, an individual serves as Inspector General until the process under § 9010E of this title is completed and the Senate confirms the individual’s reappointment or confirms a new individual as Inspector General.

(2) Under § 4 of Article XV of the Delaware Constitution, the amount of the Inspector General’s salary may not be reduced during the Inspector General’s term of office.

(c) The Inspector General may only be removed from office as follows:

(1) Mandatory removal by the Governor upon conviction of misbehavior in office or any infamous crime under § 6 of Article XV of the Delaware Constitution.

(2) For cause, by violating the State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I of Chapter 58 of this title.

(3) The Inspector General’s removal under paragraph (c)(2) of this section must be initiated by a recommendation from the Governor and approved by a   vote of the members elected to each house of the General Assembly.

(d) The Inspector General must resign from this position before becoming a candidate for public office. The Inspector General is deemed to have resigned from this position, creating a vacancy effective the date that any of the following occur:

(1) The individual files to be a candidate for public office.

(2) A candidate committee is formed on behalf of the individual.

(3) The individual announces their candidacy for public office.

(e) If both the position of the Inspector General and the Deputy Inspector General are vacant, the Governor may appoint a qualified individual to serve as acting Inspector General until the appointment of an Inspector General under § 9010E of this title.
29 Del. C. § 702 — Delaware Code / Title 29 / Chapter 7 / Section 702
§ Â
        702. Oaths of office.
Status: in_force

An oath of office may be administered by any of the following:

(1) A member of a House of the General Assembly to any other member of the same House.

(2) The President or President Pro Tempore of the Senate to the Secretary of the Senate and other officers of the Senate.

(3) The Speaker of the House of Representatives to the Chief Clerk of the House of Representatives and other officers of the House of Representatives.
29 Del. C. § 6304A — Delaware Code / Title 29 / Chapter 63A / Section 6304A
§ Â
        6304A. Limitation on power to investigate.
Status: in_force

The Director shall not investigate or require reports from the judiciary or from the courts of this State, from any private hospital, from the General Assembly, from any local or special school district respecting locally raised (non-state) revenues, from any fire company, or concerning the burial of indigent veterans, or from Kent and Sussex Fair Association, from the Libraries of Municipalities, from the Delaware Historical Society, from the American Legion, from the United Spanish War Veterans, from the Veterans of Foreign Wars, from Disabled American Veterans, from Paralyzed Veterans of America, from Vietnam Veterans of America or from other similar institutions not directly under the jurisdiction of the administrative or executive authority of this State.
29 Del. C. § 5548 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5548
§ Â
        5548. Establishment of Post Retirement Benefit Fund.
Status: in_force

(a) (1) There shall be established a State Post Retirement Benefit Fund, hereinafter referred to as the “Post Retirement Fund,” separate and distinct from the funds established under §§ 5541 and 5601 of this title; § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposited monthly, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which such post retirement benefits as the General Assembly may hereafter legislate shall be paid and any fees and expenses authorized by the Board shall be paid. No money shall be disbursed from this fund except for the purpose of providing funding for post retirement increases for employees retired under this chapter; Chapter 56 of this title; Chapter 83 of Title 11.

(2) The Board of Pension Trustees shall review the balance in the Post Retirement Fund at the end of each fiscal year and make any recommendations for adjustments in the funding rate for the succeeding fiscal year to ensure that the rate be sufficient to fund post retirement increases authorized under this section.

(b) (1) In the event that the General Assembly shall introduce legislation proposing post retirement increases, the Board of Pension Trustees shall review each such proposal to determine if sufficient funds are projected to be available in the Post Retirement Fund to provide the funding necessary to fund the increase granted by the General Assembly. In addition, any pension increases granted shall not be substantively automatic. If the Board determines that insufficient funds will be available to fund the increase, the Board shall notify the Governor and the General Assembly that an additional appropriation will be required in order to provide the post retirement increase being proposed.

(2) Any monthly service, disability, and survivor pension based on former service or disability pension that was effective 20 years or more prior to the date of the pension increase and is payable upon the date of the increase, shall be increased greater than any pension that was effective less than 20 years prior to the date of the pension increase.
29 Del. C. § 605 — Delaware Code / Title 29 / Chapter 6 / Section 605
§ Â
        605. Promulgation of rules and regulations by state agencies â Review by Attorney General to determine effect on private property right.
Status: in_force

(a) No rule or regulation promulgated by any state agency shall become effective until the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing as to the potential of the rule or regulation to result in a taking of private property.

(b) Judicial review of actions taken pursuant to this section shall be limited to whether the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing.

(c) The term “taking of private property” as used under this section shall mean an activity wherein private property is taken such that compensation to the owner of that property is required by the Fifth and Fourteenth Amendments to the Constitution of the United States or any other similar or applicable law of this State.

(d) Nothing in this section shall affect any otherwise available judicial review of agency action.
29 Del. C. § 5835 — Delaware Code / Title 29 / Chapter 58 / Subchapter IV / Section 5835
§ Â
        5835. Financial reports by lobbyists.
Status: in_force

(a) On or before the twentieth day of the month following each calendar quarter, each lobbyist shall file electronically a report covering the immediately preceding calendar quarter and containing the information required by this section.

(b) A lobbyist shall file separate reports for each employer which the lobbyist represents. Each report shall contain the total expenditures during the reporting period for all direct expenditures, costs or values, whichever is greater, provided for members of the General Assembly or for employees or members of any state agency for the following:

(1) Food and refreshment;

(2) Entertainment, including the cost of maintaining a hospitality room;

(3) Lodging expenses away from home;

(4) Fair value of travel if the trip exceeds 100 miles;

(5) Recreation expenses; and

(6) Gifts or contributions, excluding political contributions as defined in Chapter 80 of Title 15.

(c) The information shall be reported electronically and shall show the total expenditures for the reporting period and shall also list the recipient any time the expenditures exceed $50 per diem. The lobbyist shall also affirm that the lobbyist has provided the recipient of any gift in excess of $50 with a representation as to the value of the gift. The records shall be retained for a period of 4 years from the date of filing.
29 Del. C. § 6001 — Delaware Code / Title 29 / Chapter 60 / Section 6001
§ Â
        6001. Short title.
Status: in_force

This chapter may be cited as the “Disaster Service Volunteer Leave Act.”
29 Del. C. § 9013D — Delaware Code / Title 29 / Chapter 90D / Section 9013D
§ Â
        9013D. Functions prior to July 1, 2017.
Status: in_force

The Department of Human Resources, through appropriate divisions, subdivisions and offices, shall have the power to perform and responsibility to perform all the powers, duties and functions that were vested in the Human Resource Management and the Benefits and Insurance Administration Sections of the Office of Management and Budget prior to July 1, 2017, and which are not otherwise specifically assigned to the Department of Human Resources by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any other person, department, board, commission or agency.
29 Del. C. § 8016 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8016
§ Â
        8016. Governorâs Council on Natural Resources and Environmental Control.
Status: in_force

(a) There is established the Governor’s Council on Natural Resources and Environmental Control.

(b) The Governor’s Council on Natural Resources and Environmental Control shall be composed of the chairpersons of the councils to the respective divisions of the Department, as provided in this chapter, 1 of whom shall be designated by the Governor as Chairperson of the Governor’s Council on Natural Resources and Environmental Control, and the Chairperson shall serve, as such, at the pleasure of the Governor.

(c) The terms of the members of the Governor’s Council on Natural Resources and Environmental Control shall coincide with the terms for which the members serve as chairpersons of their respective councils.

(d) The Governor’s Council on Natural Resources and Environmental Control shall advise, recommend and refer to the Secretary of the Department matters which, in its opinion, are of Departmental concern and shall consider such other matters as may be referred to it by the Governor or the Secretary of the Department. The Council may also study, research, plan and advise the Secretary and the Governor on matters it deems appropriate to enable the Department to function in the best possible manner.

(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.
29 Del. C. § 7901 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7901
§ Â
        7901. Establishment of Department of Health and Social Services.
Status: in_force

A Department of Health and Social Services is established.
29 Del. C. § 514 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 514
§ Â
        514. Inspection of public records by the Delaware Public Archives.
Status: in_force

For the purpose of this chapter all custodians of public records of this State and the political subdivisions thereof shall, upon the request of the State Archivist and Records Administrator, afford to the State Archivist and Records Administrator or Delaware Public Archives staff designated by the Archivist all proper and reasonable access to and examination of all public records in their custody.
29 Del. C. § 6501 — Delaware Code / Title 29 / Chapter 65 / Section 6501
§ Â
        6501. Definitions.
Status: in_force

(a) As used in this chapter, the term “agency” shall have the same meaning as defined in § 6301 of this title.

(b) As used in this chapter the term “agency agent” shall mean an authorized official of the agency or the architect or construction manager designated pursuant to the public works contract documents.

(c) As used in this chapter, the term “date of submission” shall mean either 2 days after the document is postmarked by the United States Postal Service or the date the agency agent receives the hand-delivered document, verified by the agency agent’s receipt or the date affixed to the document by the agency agent’s facsimile machine.

(d) As used in this chapter, term “final completion” shall mean final completion of the work as described in the public works contract documents.

(e) As used in this chapter, the term “reasonable evidence” shall mean “information from a reliable source.”

(f) As used in this chapter, the term “Secretary of Finance” shall mean the Secretary of Finance or a duly authorized designee.
29 Del. C. § 9013B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9013B
§ Â
        9013B. Bonds of state row officers.
Status: in_force

(a) Every state row officer elected or appointed for any county shall, at the next term of the Superior Court in that county, after the officer’s election or appointment, before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penalty of $3,000 with condition “that if the above named who has been duly elected (or appointed) to be shall and do well and diligently execute the office of as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to the officer’s successor in office, the seal and all the books, records and papers belonging to said office safe and undefaced, and if the said shall truly and without delay pay over to the State Treasurer all the fees which it shall be the officer’s duty to collect and which are to be paid to the State Treasurer, then this obligation shall be void and of no effect, or else shall remain in full force and virtue.”

(b) The obligations required by this section shall be forthwith delivered to the recorder of deeds in and for the county in which such officer sits to be recorded and filed.
29 Del. C. § 6909B — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6909B
§ Â
        6909B. Fair background check practices.
Status: in_force

The State shall include in all formal solicitations a section stating the State does not consider the criminal record, criminal history, credit history, or credit score of an applicant for state employment during the initial application process unless otherwise required by state and/or federal law, and vendors doing business with the State are encouraged to adopt similar policies.
29 Del. C. § 6404 — Delaware Code / Title 29 / Chapter 64 / Section 6404
§ Â
        6404. General provisions.
Status: in_force

(a) Nothing contained in any contract entered into, pursuant to Chapter 13 of Title 19, or Chapters 13 and 40 of Title 14, which contract is entered into or renegotiated after July 1, 1973, shall require the payment of moneys for any item, purpose or benefit for which a specific appropriation by the General Assembly has not been made for the current fiscal year or any subsequent fiscal year or any part thereof, during which such contract is effective.

(b) (1) The provisions for salaries in the Budget Appropriation Bill are projected to cover the salaries and wages which shall become due and payable during the fiscal year. All agencies shall stay within their appropriations for salaries as well as positions authorized.

(2) The Budget Appropriation Bill assumes salary savings in all branches of state government. All agencies in the judicial, executive, and legislative branches of state government are directed to continue any and all vacancies within their respective agencies as necessary to remain within their level of funding for salaries and wages.

(c) All agencies/school districts receiving energy funding in the Budget Appropriation Bill must make monthly consumption and/or purchase reports to the Energy Office.

(d) At the close of the fiscal year, all unencumbered appropriated special funds shall revert to the budget unit internal program unit/holding account, except Title IV-D (ASF) funds, unless otherwise specified.

(e) (1) Where the number of employee positions has been set forth in the salary line appropriation for an agency in § 1 of the Budget Appropriation Bill, such number shall be interpreted to mean equivalent full-time positions. The Office of Management and Budget shall maintain a listing of the employee positions as provided, the salary or wage for each position, and the source of funding. A report of this listing shall be furnished monthly by the Director of the Office of Management and Budget and to the Controller General. The total of such salaries and wages for each agency shall not exceed the agency appropriation therefore and the number of employee positions shall not be changed except as provided in paragraph (e)(2) of this section. During the period when recruit classes for State Police are in training, the total number of employees shall apply only to uniformed personnel authorized for duty.

(2) The number of employee positions authorized as equivalent full-time positions paid by General Fund appropriations and the number of other positions, paid by funds other than General Fund appropriations are reflected in § 1 of the Budget Appropriation Bill within each agency for the fiscal year. No agency shall change the total number of positions within each funding source without prior approval of the Delaware State Clearinghouse Committee; and no agency shall transfer a position between divisions/appropriation units except with the approval of the Delaware State Clearinghouse Committee. All Job Training Partnership Act funds expended for full-time positions shall be employed within the State.

(f) Funds provided in § 1 of the Budget Appropriation Bill may be expended for purposes in which agencies have specifically entered into agreement with the federal government for the reimbursement of such expenses; provided however, that the federal government specifically requires such reimbursement procedures and that the agency has specific authorization in accordance with the provisions of Chapter 76 of this title, Federal Grant and Nonfederal Grant Coordination, to enter into such program; and, provided that such reimbursements be accounted for in conformance with the Budget and Accounting Manual and that such reimbursements be used to fulfill the intent and purposes of § 1 of the Budget Appropriation Bill.

(g) (1) The Budget Appropriation Bill contemplates receipt of federal funds and state special funds for certain programs or functions administered by agencies. Funds herein appropriated in § 1 of the Budget Appropriation Bill to match the federal or state special funds shall be expended only to the extent that federal or state special funds shall have been made available.

(2) Upon being informed that such program or function is terminated or funds therefore are reduced, the head of the agency shall immediately notify, in writing, the people identified in this subsection and promptly:

a. Reduce proportionately the expenditure of funds from the matching general funds of the State appropriated to match such federal or state special funds; and

b. Submit, in writing, to the Governor, Chairperson and Vice Chairperson of the Joint Finance Committee, Controller General, Director of the Office of Management and Budget, and Secretary of Finance a plan describing how each individual program or function will be accomplished, including General Fund operating budget line item expenditure reductions.

(3) Upon notification that the federal or state special funds are reduced or terminated when the General Assembly is duly convened, the Governor or the Joint Finance Committee may propose legislation for consideration by the General Assembly to continue the program or function. In the event the General Assembly does not authorize continuation of the program or function, the Director of the Office of Management and Budget is hereby directed to revert the remaining matching general funds.

(4) Agencies who are recipients of federal funds in support of programs or services, and have indirect costs or any costs identified as a Section II cost, per the Statewide Cost Allocation Plan (SWCAP), shall budget these costs when the application is presented to the Delaware State Clearinghouse.

(5) All agencies or schools receiving federal funds subject to the federal Single Audit Act [31 U.S.C. § 7501 et seq.] shall:

a. Include in program budgets an amount sufficient to cover actual program audit costs incurred by the Office of Auditor of Accounts. The final audit costs will be provided to the agencies and schools by the Office of Auditor of Accounts by August 31 of each calendar year.

b. Process audit cost payment documents (Intergovernmental Vouchers and invoices from accounting firms) within 30 days of receipt of same from the Office of Auditor of Accounts.

(h) The General Assembly finds that through a cooperative agreement between the Division of Child Support Services, Department of Health and Social Services, Family Court of Delaware, and the office of the Attorney General, the federal government has been reimbursing Family Court and the office of the Attorney General for general funds disbursed for certain expenses incurred in the delivery of child support services. This section directs that:

(1) The Family Court of Delaware, the office of the Attorney General and the Department of Health and Social Services shall continue such cooperative agreement for the purpose of seeking appropriate reimbursement from the federal government for general and appropriated special funds expended for certain expenses incurred in the delivery of child support services by Family Court and the office of the Attorney General.

(2) Upon receipt of such reimbursement from the federal government, the Family Court of Delaware, the office of the Attorney General and the Department of Health and Social Services shall credit such reimbursements to a special fund account as established by the Director of the Office of Management and Budget.

a. This fund shall be utilized for determining the next fiscal year’s appropriated special funds appropriation for Family Court, the office of the Attorney General and any other agency receiving Title IV-D Funds. In the event that an amount in this fund represents a recovery based on the Statewide Cost Allocation Plan, then such amount shall not be considered for appropriation.

b. The balance of the special fund account not appropriated for the next fiscal year shall revert to the General Fund prior to December 31.

(i) All state agencies and departments that own land shall inform the Director of the Office of Management and Budget, the Controller General, and the General Assembly, quarterly, as to any and all developments relating to the possible new use, lease or sale, of any portion of said land. This section shall not apply to lands owned by the Department of Transportation that are intended for transportation purposes except as provided in § 137 of Title 17.

(j) Any employee eligible for termination pay whose regular pay was from special funds shall have termination pay paid from special funds. If the employee’s regular pay is from both General Funds and special funds, termination pay shall be on a pro rata basis. The intent of this section is that if any school district charges their local share to Division III — Equalization Funds, that for termination pay purposes only, these funds are considered special funds. Exceptions to this method of payment must have the approval of the Director of the Office of Management and Budget and the Controller General. All agencies shall absorb termination pay within the appropriations set forth in the Annual Appropriations Act.
29 Del. C. § 2552 — Delaware Code / Title 29 / Chapter 25 / Subchapter V / Section 2552
§ Â
        2552. Division of Civil Rights and Public Trust; establishment.
Status: in_force

(a) There is established within the Department of Justice a Division of Civil Rights and Public Trust which shall investigate and enforce laws protecting the public trust and ensuring the protection of civil rights.

(b) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer who shall serve on a full-time basis under the direct control of the Chief Deputy Attorney General as the Director of Division of Civil Rights and Public Trust.

(c) The Director shall direct and supervise the work of Division of Civil Rights and Public Trust under § 2553 of this title.
29 Del. C. § 8411 — Delaware Code / Title 29 / Chapter 84 / Section 8411
§ Â
        8411. Exemptions.
Status: in_force

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

(1) Secretary of the Department of Transportation;

(2) Director of the Transportation Authority;

(3) Director of the Division of Highways;

(4) Director of the Office of Administration;

(5) Head of the Office of Financial Management and Budget;

(6) Chiefs of such other divisions or administrations as may be established by the Secretary with the written approval of the Governor; and

(7) Head of the Office of External Affairs.

(8) Director of Division of Pre-Construction.

(9) Director of Motor Vehicles.
29 Del. C. § 3103 — Delaware Code / Title 29 / Chapter 31 / Section 3103
§ Â
        3103. The Sustainable Delaware Research Consortium.
Status: in_force

The Commission’s programs shall be carried out by a Sustainable Delaware Research Consortium which shall be established at the University of Delaware’s School of Public Policy and Administration. Funding shall support operations including research, policy analysis, and demonstration projects that promote the Commission’s Sustainable Delaware initiatives. Grants for demonstration projects shall be allocated to eligible partnerships that will include a Delaware public higher education institution.
29 Del. C. § 5066 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5066
§ Â
        5066. Property of Authority exempt from judicial process [Transferred].
Status: in_force

Transferred to § 8766A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9010D — Delaware Code / Title 29 / Chapter 90D / Section 9010D
§ Â
        9010D. Division of Classification/Compensation and Talent Acquisition.
Status: in_force

(a) The Division of Classification/Compensation and Talent Acquisition of the Department of Human Resources is hereby established having powers, duties and functions as follows:

(1) Responsible for the management and administration of classification and compensation programs and processes for merit and merit comparable employees.

(2) Establish and maintain a roster of all employees in the classified service as defined in § 5903 of this title, setting forth pertinent data as to each employee, including the class, title of the position held, salary or pay, and any change in class title, pay or status.

(3) Administers the State’s recruitment system for all branches of government.

(4) Responsible for the management and administration of recruitment programs and processes for sourcing, recruiting and hiring diverse talent in the Executive Branch.

(b) The Director of Classification/Compensation and Talent Acquisition 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. § 803 — Delaware Code / Title 29 / Chapter 8 / Subchapter I / Section 803
§ Â
        803. Numbering of districts.
Status: in_force

Each representative district and each senatorial district shall be designated by number.
29 Del. C. § 7410 — Delaware Code / Title 29 / Chapter 74 / Section 7410
§ Â
        7410. Execution of bonds, notes and revenue notes.
Status: in_force

(a) Bonds, notes and revenue notes, other than uncertificated obligations, shall be executed on behalf of the State by the issuing officers and shall bear the impression, or a facsimile, of the Great Seal of the State. All the signatures of the issuing officers may be engraved, printed or stamped on bonds, notes or revenue notes notwithstanding any other law to the contrary but no such signatures nor the impression or a facsimile of the Great Seal need appear on an uncertificated obligation.

(b) Interest coupons on certificated obligations shall bear the facsimile signature of the State Treasurer. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons, notes or revenue notes, shall cease to be such officer before the delivery of such obligations, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if the officer had remained in office until such delivery.
29 Del. C. § 8715A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8715A
§ Â
        8715A. Transition provisions.
Status: in_force

(a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in the possession of any agency of the State and used in connection with a function transferred by law to the Delaware Economic Development Office on November 1, 1981, and all property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Division on July 1, 2017, shall be delivered into the custody of the Division. All investigations, petitions, hearings and legal proceedings pending before, or instituted by, any agency from which functions are transferred by this chapter and which are not concluded prior to June 30, 2017, shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Division. All orders, rules and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and which are in effect upon June 30, 2017, shall remain in full force and effect until revoked or modified in accordance with law by the Division. All contracts and obligations of any agency made or undertaken in the performance of a function transferred by law to the Delaware Economic Development Office and being in force on November 1, 1981, and all contracts and obligations of any agency made or undertaken in the performance of a function transferred by this chapter to the Division, and being in force on June 30, 2017, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Division. All real estate owned by any agency from whom functions are transferred by this chapter to the Division, shall become property of the Division as of July 1, 2017.

(b) 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 they are consistent with this chapter and in connection with a function transferred by this chapter to the Division or to any subdivision thereof or to any council or board created by this chapter, be construed as referring and relating to the Division, to the appropriate subdivision thereof or to the council or board as created and established by this chapter.

(c) 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 they are consistent with this chapter and in connection with a function transferred by this chapter to the Division or to any subdivision thereof or to any council or board created by this chapter, be construed as referring to or relating to the equivalent person or persons and their powers, duties and functions as established and created in this chapter.
29 Del. C. § 3204 — Delaware Code / Title 29 / Chapter 32 / Section 3204
§ Â
        3204. Cooperation.
Status: in_force

(a) In fulfilling its responsibilities, the Commission shall consult, cooperate with and seek advice from appropriate state departments and agencies, local public bodies, learned societies and historical, patriotic, philanthropic, civic, professional and related organizations. Heads of state departments and agencies shall cooperate with the Commission in planning, encouraging, developing and coordinating appropriate commemorative activities.

(b) The Commission may identify sites within the State that are appropriate for preservation or restoration in order to assure that fitting observances and exhibits may be held.

(c) The officials of each state-supported school, college or university shall cooperate with the Commission, especially in the encouragement and coordination of scholarly works and presentations on the history, culture and political thought of this Nation and State.
29 Del. C. § 5915 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5915
§ Â
        5915. Classification; uniformity; appeal of classification.
Status: in_force

(a) The rules shall provide for the preparation, maintenance and revision of a position classification plan for all positions in the classified service and all merit comparable positions, based upon similarity of duties performed and responsibilities assumed so that uniform qualifications and pay ranges shall apply to all positions in the same classification.

(b) After approval of such maintenance review classifications determination by the Secretary and the Director of the Office of Management and Budget and Controller General, the Secretary shall notify the agency and employee of the results. The maintenance review classification determination shall become effective on the following July 1.

(c) Any maintenance review classification determination may be appealed to the Merit Employee Relations Board by any affected employee or agency within 30 calendar days of notification. The Merit Employee Relations Board shall hear all maintenance review classification appeals before it in chronological order, beginning with the oldest such appeal unless all parties are in agreement with other such arrangements.

(d) Within 10 calendar days of the filing of an appeal, the Board shall assign an independent reviewer, trained in job analysis, to evaluate the merits of the employee’s appeal. Within 30 calendar days, the independent reviewer must submit a written independent finding to the Board, and copy to the employee and the Secretary. In unusual circumstances, the Board may authorize the independent reviewer an additional 30 calendar days to complete the review.

(e) The employee and the Secretary shall have 30 calendar days to accept the finding rendered by the independent reviewer and notify the Board.

(f) If the findings of the independent reviewer are accepted by the employee and the Secretary, the Board shall also accept the findings.

(g) If these findings are ignored or disputed by either the employee or the Secretary, the parties shall be notified and permitted to respond and the Board shall hold a hearing on the employee’s appeal within 60 calendar days.

(h) At the hearing, the parties may present brief oral argument in support of their position.

(i) The Board shall render a final and binding decision on the matter within 15 calendar days of the hearing. In rendering its decision, the Board shall consider the following criteria:

(1) The findings of the independent reviewer;

(2) The Secretary’s initial determination;

(3) The Secretary’s response to the independent reviewer’s findings;

(4) The employee’s response to the independent reviewer’s findings;

(5) The oral argument;

(6) The consistency with other existing classified positions of a similar nature; and

(7) The minimization of the number of classifications.

(j) The Board shall have the authority to hire a staff of independent reviewers and contract for services in carrying out the provisions of this section.

(k) In the event that the Secretary can demonstrate that sufficient funds are not available to fund the classification decisions rendered by this section, the effective date may be delayed until the beginning of the next fiscal year.
29 Del. C. § 5934 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5934
§ Â
        5934. Working conditions.
Status: in_force

The rules shall provide for the development and operation of programs to improve work effectiveness and morale of employees in the state service, including training, safety, health, welfare, counseling, recreation and employee relations.
29 Del. C. § 8751A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8751A
§ Â
        8751A. Findings; declaration of policy.
Status: repealed

(a) It is determined and declared as a matter of legislative finding that:

(1) The good order of the State and the health and welfare of its citizens depend upon the steady employment, in useful occupations, of the citizens of the State;

(2) In certain areas of the State, many citizens are employed sporadically or not at all. In these areas of the State, many citizens have heretofore found employment in agricultural pursuits. As agriculture becomes more efficient, and requires fewer employees for the maintenance of economic output levels, increasing numbers of citizens cannot find agricultural employment. Opportunities for other forms of employment in these areas are very limited. This condition threatens the economic stability of the State, discourages thrift and depresses the standard of living of the citizens of the State, all to the detriment of the public health, welfare and order. Moreover, the viability and attractiveness of expanded agricultural enterprise in the State (with consequential increase in agricultural employment opportunity) is jeopardized by competition from agricultural enterprises located in states enjoying longer growing seasons and other competitive advantages;

(3) Stable and useful employment can be made available for citizens of the State by financing the construction, acquisition, rehabilitation, modernization or renovation of commercial, industrial and agricultural facilities in the State;

(4) In many areas of the State, substantial unemployment or cyclical employment (involving cessations of work and temporary layoff of employees) exists. This condition threatens the economic stability of the State, discourages thrift and depresses the standard of living of the citizens of the State, all to the detriment of the public health, welfare and order;

(5) There is a continuing need to prevent decline in business employment, including employment in industrial, commercial and agricultural businesses within the State and to reduce unemployment and cyclical employment within the State;

(6) The availability of financial assistance and suitable facilities are important inducements to industrial, commercial and agricultural businesses to locate, remain and expand in the State which in time will result in increased employment opportunities in the State;

(7) Due to increased industrialization and urbanization of many areas of the State, greater dangers to the public health and welfare exist because of pollution of the air, water and soil, and high levels of noise. Therefore, it is necessary to protect the public health and welfare by fostering the reduction, abatement or prevention of the pollution of the State’s environment and the protection of its natural resources;

(8) There is a need to assist in the financing of medical facilities, nursing facilities and facilities for the residence or care of the aged in order to provide modern and efficient medical and nursing care and residence facilities for the citizens of the State thereby promoting their health and welfare;

(9) There is a need to encourage the development of the State as a banking and financial service center by expanding the types of projects and activities for which the State will provide financing assistance, thereby enhancing the inducements for banks and financial service enterprises to locate, remain and expand in the State which in time will result in increased employment opportunities and commercial transactions in the State; and

(10) There is a need to assist in the financing of facilities and activities of exempt persons in order to contribute to the prosperity, health or general welfare of the citizens of the State.

(11) [Repealed.]

(b) It is further determined and declared that in order to aid in remedying such conditions and to implement the purposes of this subchapter, there shall be created an Authority which shall be a body politic and corporate having the powers, duties and functions provided in this subchapter; that the creation of the Authority and the powers conferred upon such Authority under this subchapter and the expenditure of moneys pursuant to this subchapter constitute a valid public purpose and the performance of a valid public function; that the enactment of the provisions hereinafter set forth is in the public interest and for the public benefit and welfare and is hereby so declared to be as a matter of express legislative determination.
29 Del. C. § 5111 — Delaware Code / Title 29 / Chapter 51 / Section 5111
§ Â
        5111. Benefits to surviving spouse of persons elected to state or county office.
Status: in_force

Whenever a person who has been elected to any office of the State or the counties by the qualified voters of the State shall die while in office and shall leave a spouse surviving, an amount equal to one half of the salary which would have been paid to such person for the unexpired term of such office shall be paid to the surviving spouse from the state or county general fund, as the case may be, in the same manner as previously paid to the person in office.
29 Del. C. § 4319 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4319
§ Â
        4319. Personal appearance required.
Status: in_force

Except as provided under § 4320 of this title, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
29 Del. C. § 5209 — Delaware Code / Title 29 / Chapter 52 / Section 5209
§ Â
        5209. Employees of Delaware authorities or commissions.
Status: in_force

(a) Any Delaware authority or commission may elect to participate in the health-care insurance plans provided by the provisions of this chapter for regularly scheduled full-time employees. The full cost of such coverage shall be remitted to the State by the authority or commission 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 Delaware authority or commission participating in the State Group Health Insurance program shall be governed by all provisions, rules and regulations of this chapter and the State Employee Benefits Committee.

(b) Any regularly scheduled full-time employee of the Delaware Stadium Corporation, the Delaware Riverfront Corporation, a Public/Private Partnership as defined in § 8702A of this title, or the Fort DuPont Redevelopment and Preservation Corporation may elect to participate in the health insurance plans provided by the State Group Health Insurance Program. The full cost of such coverage shall be remitted to the State 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 Delaware Stadium Corporation, Public/Private Partnership as defined in § 8702A of this title, or Fort DuPont Redevelopment and Preservation Corporation employee participating in the State Group Health Insurance Program shall be governed by all provisions, rules and regulations of this chapter and the State Employee Benefits Committee.

(c) All per diem and contractual employees of the Delaware General Assembly who have been continuously employed for 5 or more years may elect to participate in the health-insurance plans provided by the State Group Health Insurance Program. The full cost of such coverage shall be remitted to the State by such employees no later than the first 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 such employees participating in the State Group Health Insurance Program shall be governed by all provisions, rules and regulations of this chapter and the State Employee Benefits Committee.

(d) Any volunteer fire or volunteer ambulance company in Delaware may elect to participate in the health-care insurance plans provided by the provisions of this chapter for paid employees. The full cost of such coverage shall be remitted to the State by the volunteer fire or volunteer ambulance company participating no later than the first day of each calendar month for which coverage is being provided. The benefits provided to such paid employees and the cost of coverage shall be the same as provided to state employees covered by this chapter. Any volunteer fire or volunteer ambulance company in Delaware participating in the State Group Health Insurance Program shall be governed by all provisions, rules and regulations of this chapter and the State Employee Benefits Committee.

(e) Any county, soil and water conservation districts or municipality and the Municipal Services Commission for the City of New Castle may elect to participate in the health-care insurance plans provided by this chapter for any of the following:

(1) Regularly scheduled full-time employees;

(2) Anyone receiving or who is eligible to receive retirement benefits in accordance with the Delaware County and Municipal Police/Firefighter Pension Plan with Chapter 88 of Title 11 or the county and municipal pension plan under Chapter 55A of this title.

The full cost of such coverage shall be remitted to the State by the county, soil and water conservation districts or municipality and the Municipal Services Commission for the City of New Castle 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 the state employees covered by this chapter. Any employee participating in the State Group Health Insurance Program through this subsection shall be governed by all provisions, rules and regulations of this chapter and the State Employee Benefits Committee. For the purposes of this subsection, a “full-time employee” is an employee who works at least 30 hours or more per week or 130 hours per month (with allowable interruptions). Retirees receiving benefits may authorize the State Pension Office to deduct their share of cost from their monthly pension. Participation by any county, soil and water conservation districts or municipality and the Municipal Services Commission for the City of New Castle shall be subject to approval of the State Employee Benefits Committee.

(f) Anyone receiving retirement benefits in accordance with the Delaware and Municipal Police/Firefighter Pension Plan under Chapter 88 of Title 11 or the county and municipal pension plan under Chapter 55A of this title, may elect to participate in the health insurance plans provided by the State Group Health Insurance Program. The retiree shall authorize the State Pension Office to deduct the full cost of coverage from the retiree’s monthly pension.

(g) The State Employee Benefits Committee shall be authorized to recover costs from any Delaware authority or commission, the Delaware Stadium Corporation, the Delaware Riverfront Corporation, the Fort DuPont Redevelopment and Preservation Corporation, any volunteer fire company, any county soil and water conservation district, and any municipality which elects for its employees to participate in the health-care insurance plans provided by this chapter, based on the number of participating employees. Further, the State Employee Benefits Committee shall be authorized to recover costs from any nonstate organization which is permitted to and elects to participate in the health-care insurance plans provided by this chapter, based on the number of participating employees. The revenue derived from such cost recovery shall be used exclusively to support the administration of the State Group Health Insurance Program.
29 Del. C. § 10117 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10117
§ Â
        10117. Public hearings.
Status: in_force

When an agency is required by law to hold public hearings before adopting, amending or repealing a regulation and, otherwise, if an agency in its discretion determines to hold public hearings, in addition to giving opportunity for the submission of written materials, the following shall apply to the conduct of such hearings:

(1) The hearing shall be conducted either by the agency or by a subordinate designated by the agency for that purpose who shall be empowered in connection with such hearing to:

a. Issue subpoenas, in the agency’s sole discretion, for witnesses or other evidence, on the agency’s initiative or at the request of any person;

b. Administer oaths to witnesses; and

c. Exclude irrelevant, immaterial, insubstantial, cumulative, privileged matter and unduly repetitive proofs, rebuttals and cross-examination.

(2) A record from which a verbatim transcript can be prepared shall be made of all hearings. The expense of preparing any transcript shall be borne by the person requesting it. No part of the public hearing is exempt from this record requirement.

(3) If the hearing notice includes a specific length of time for the holding of the hearing, the hearing shall not adjourn prior to the end of that length of time.
29 Del. C. § 3202 — Delaware Code / Title 29 / Chapter 32 / Section 3202
§ Â
        3202. Delaware Heritage Office; personnel thereof.
Status: in_force

(a) There is hereby established the Delaware Heritage Office of the Delaware Public Archives.

(b) The Delaware Heritage Office may employ such personnel as the Secretary of State, in consultation with the Director of the Public Archives and the Commission, shall determine to be necessary to perform the work of the said Office. Such personnel shall be State Merit System employees and shall be hired through the Merit System employment process. The Office shall be under the administrative authority of the Director of the Public Archives and shall assist the Commission in carrying out its duties and functions as set forth in § 3203 of this title.
29 Del. C. § 5504 — Delaware Code / Title 29 / Chapter 55 / Subchapter I / Section 5504
§ Â
        5504. Waiver of benefits.
Status: in_force

Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shall be made covering the period during which such waiver was in effect.
29 Del. C. § 8214 — Delaware Code / Title 29 / Chapter 82 / Section 8214
§ Â
        8214. Exemptions.
Status: in_force

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

(1) Secretary of Public Safety;

(2) Superintendent of State Police;

(3) Director of Civil Defense;

(4) Director of Alcohol and Tobacco Enforcement;

(5) Director of the Division of Forensic Science; and

(6) Chief Medical Examiner.
29 Del. C. § 8054 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8054
§ Â
        8054. Cabinet Committee on Energy.
Status: repealed

(a) A Cabinet Committee on Energy is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members:

(1) The Secretary of the Department of Natural Resources and Environmental Control.

(2) The Secretary of the Department of Agriculture.

(3) The Secretary of the Department of Transportation.

(4) The Secretary of the Department of Health and Social Services.

(5) The Secretary of the Department of Safety and Homeland Security.

(6) The Secretary of the Department of State.

(7) [Repealed.]

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

(9) Such others as the Governor may designate.

(b) The Governor shall designate 1 member to serve as Chairperson of the Committee.

(c) The Committee shall consider matters relating to energy issues and use in state government, including, but not limited to:

(1) Developing programs for state agencies to save energy through energy efficiency in facility construction and operation, energy and equipment procurement.

(2) Setting comprehensive goals and prioritizing programs based on the cost effectiveness of energy saving measure.

(3) Developing and implementing the use of transportation energy reduction methods for employees.

(4) Identifying opportunities for the use of fuel cells and solar energy equipment to meet the energy needs of agencies and/or state buildings.

(d) The State Energy Office shall provide staffing assistance to the Cabinet Committee on Energy.
29 Del. C. § 8203 — Delaware Code / Title 29 / Chapter 82 / Section 8203
§ Â
        8203. Powers, duties and functions of the Secretary.
Status: repealed

The Secretary may:

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

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

a. A Secretary of the Division of State Police who shall be known as the Superintendent of State Police and shall hold the rank of Colonel. The Superintendent of State Police shall be qualified by training and experience to perform the duties of the office. The Superintendent of State Police shall be chosen from among the ranks of the State Police and shall have been promoted through the normal promotional policies of the State Police;

b. A director of the Delaware Emergency Management Agency who shall be known as the “Director of the Delaware Emergency Management Agency”, and who shall be qualified by training and experience to perform the duties of the office;

c. A Director of the Division of Alcohol and Tobacco Enforcement who shall be known as the Director of Alcohol and Tobacco Enforcement, and who shall be qualified by training and experience to perform the duties of the office;

d. A director of the Division of Capitol Police who shall be known as the Chief of Capitol Police. The Chief of Capitol Police shall be qualified by training and experience to perform the duties of the office. The Chief of Capitol Police shall be chosen from among the ranks of the Capitol Police and through the normal promotional policies of the Capitol Police;

e. A director of the Division of Communications who shall be known as the “Director of the Division of Communications,” and who shall be qualified by training and experience to perform the duties of the office;

f. A director of the Office of Highway Safety who is known as the “Director of the Office of Highway Safety,” and who is qualified by training and experience to perform the duties of the office;

g. A director of the State Council for Persons with Disabilities, who shall be known as the “Director of the State Council for Persons with Disabilities,” which position shall remain a merit position, and who shall be qualified by training and experience to perform the duties of the office;

h. A director of the Division of Gaming Enforcement who shall be known as the “Director of the Division of Gaming Enforcement” and who shall be qualified by training and experience to perform the duties of the office; and

i. A director of the Division of Forensic Science who shall be known as the “Director of the Division of Forensic Science” and who shall be qualified by training, experience, education, or ability in the areas of administration and forensic science to perform the duties of Director.

(3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law, including, but not limited to members of the Secretary’s executive staff:

a. A Deputy Secretary;

b. A Chief of Administration;

c. A Chief Information Officer;

d. A Homeland Security Advisor;

e. A Policy Advisor;

f. A Public Relations Officer.

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

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

(6) Delegate any of the Secretary’s powers, duties or functions to a person appointed as that Secretary’s Deputy Secretary or a director of a division except the power to remove employees of the Department or to fix their compensation;

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

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

(9) Adopt an official seal or seals for the Department;

(10) [Repealed.]
29 Del. C. § 4601 — Delaware Code / Title 29 / Chapter 46 / Section 4601
§ Â
        4601. Office of Defense Services.
Status: in_force

There is created the Office of Defense Services, comprised of 3 branches: Central Administration, the Public Defender’s Office and the Office of Conflicts Counsel.
29 Del. C. § 9009B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9009B
§ Â
        9009B. Fee records; inspection and examination.
Status: in_force

The fee records mentioned in this chapter shall be a part of the records of the office for which it is kept and shall be at all times open to inspection and examination.
29 Del. C. § 7301 — Delaware Code / Title 29 / Chapter 73 / Section 7301
§ Â
        7301. Purpose; construction.
Status: in_force

It is the purpose of this chapter to enable members of society with disabilities to make use of public facilities with the maximum of safety and independence by providing for the implementation of standards for the elimination of architectural barriers. This chapter shall be construed liberally to achieve that purpose.
29 Del. C. § 7419 — Delaware Code / Title 29 / Chapter 74 / Section 7419
§ Â
        7419. Approval of plans, specifications, estimates and cash flows of projects.
Status: in_force

(a) Delaware Technical and Community College, Delaware State University and all state departments and agencies shall submit to Facilities Management of the Office of Management and Budget all proposed contracts for architectural services and all architectural, structural, electrical and mechanical plans, specifications and cost estimates. Facilities Management of the Office of Management and Budget shall be responsible for reviewing and approving such plans, specifications and cost estimates prior to bid advertisement, and no such contracts nor contracts for construction and reconstruction of such projects (except highway construction and reconstruction contracts and school district minor capital improvements contracts) shall be executed without the prior approval of Facilities Management of the Office of Management and Budget. All such contracts shall be let on the condition, among others, that the contractor comply with the State’s equal opportunity laws. Facilities Management of the Office of Management and Budget shall insure that approved projects are not inconsistent with any authorization of budget act.

(b) Each state agency, department and institution of higher learning to which proceeds of bonds or notes are appropriated, must, on an annual basis, report to the Director of the Office of Management and Budget the status and anticipated cash flow for each project which is not complete.
29 Del. C. § 2706 — Delaware Code / Title 29 / Chapter 27 / Section 2706
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        2706. Checks and drafts; signatures; time limitation on honoring.
Status: in_force

(a) The signing of checks or drafts by the State Treasurer may either be by hand with a pen and ink signature or by a facsimile signature of a process approved by the State Treasurer.

(b) No check or order issued by the State Treasurer shall be honored or paid by the depository upon which such check or order is drawn after the expiration of 180 days from the date of such check or order.

(c) The State Treasurer shall establish and maintain a special fund appropriation to be credited with stale check write-off amounts. Use of this account is limited to the processing of stale-check reissues by the State Treasurer. On June 30 of each fiscal year, the unexpended stale check write-off balance in excess of $100,000 shall be credited to the General Fund. If during a fiscal year, there is an insufficient amount to process reissues, a revenue refund shall be made from the General Fund to the special appropriation.
29 Del. C. § 6504 — Delaware Code / Title 29 / Chapter 65 / Section 6504
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        6504. Accounting of receipts and expenditures.
Status: in_force

Each agency shall keep a detailed account of all receipts and expenditures under such appropriate headings, classifications and arrangements as may be prescribed by the Director of the Office of Management and Budget and used in the budget estimates. All bills, statements, letters, vouchers and documents pertaining to these receipts and disbursements shall be preserved and systematically filed by each agency.