29 Del. C. § 7801 — Delaware Code / Title 29 / Chapter 78 / Section 7801
§ Â
        7801. Short title.
Status: in_force

This chapter is known and may be cited as the “Emergency Interim Executive Succession Act.”
29 Del. C. § 6082 — Delaware Code / Title 29 / Chapter 60C / Section 6082
§ Â
        6082. Requirements.
Status: in_force

Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after July 20, 1999, shall do 1 of the following:

(1) Become a participating manufacturer (as that term is defined in Section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

(2) a. Place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation):

1. 1999: $.0094241 per unit sold after July 20, 1999;

2. 2000: $.0104712 per unit sold;

3. For each of 2001 and 2002: $.0136125 per unit sold;

4. For each of 2003 through 2006: $.0167539 per unit sold;

5. For each of 2007 and each year thereafter: $.0188482 per unit sold.

b. A tobacco product manufacturer that places funds into escrow pursuant to paragraph (2)a. of this section shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:

1. To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State or any releasing party located or residing in the State. Funds shall be released from escrow under this paragraph (2)b.1. in the order in which they were placed into escrow, and only to the extent and the time necessary to make payments to required under such judgment or settlement;

2. To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to Section IX(1) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

3. To the extent not released from escrow under paragraph (2)b.1. or 2. of this section, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow.

c. Each tobacco product manufacturer that elects to place funds into escrow pursuant to this subdivision shall annually certify to the Attorney General that it is in compliance with this subdivision. The Attorney General may bring a civil action on behalf of the State against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

1. Be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this subdivision, may impose a civil penalty to be paid to the general fund of the State in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;

2. In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this subdivision, may impose a civil penalty to be paid to the Delaware Health Fund of the State in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and

3. In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed 2 years.

Each failure to make an annual deposit required under this section shall constitute a separate violation.
29 Del. C. § 6306A — Delaware Code / Title 29 / Chapter 63A / Section 6306A
§ Â
        6306A. Management Services.
Status: in_force

(a) The Management Services Section of the Office of Management and Budget is hereby established, having the powers, duties and functions as follows:

(1) Administer and coordinate the recordkeeping, fiscal affairs, information technology, statistics, accounting, budgeting, personnel and other general services for the Office, as the Director of the Office of Management and Budget may deem necessary, for the proper, efficient and economical operation of the Office;

(2) Co-ordinate such general services and business administration with departments, agencies and offices of this State, other states and the federal government; and

(3) Perform special studies and reports and direct services of the Office to coordinate the services of the Office with other departments, agencies and offices of this State.

(b) The Management Services Administrator shall assume such other powers, duties, and functions as the Director of the Office of Management and Budget may assign which are not otherwise inconsistent with the laws of this State.
29 Del. C. § 5935 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5935
§ Â
        5935. Veteransâ and membersâ preference.
Status: in_force

(a) The rules shall provide for preference to be given to veterans of the armed forces of the United States (Army, Navy, Air Force, Space Force, Marine Corps, and Coast Guard) who served as an active member of the armed forces of the United States and were terminated honorably. The rules shall also provide for preference to be given to active and honorably discharged members with at least 20 years of service in either the Delaware National Guard or a reserve unit located within Delaware.

(b) Such rules shall provide that:

(1) Preference shall be confined to original entrance and shall not be applied to promotion within the classified service or to retention in case of reduction in force;

(2) Preference shall be granted only in the form of credits to be added to earned ratings in examinations, with disabled veterans receiving no more than 10 points and other veterans or members who qualify under subsection (a) of this section no more than 5 points;

(3) A definition of a disabled veteran shall be set forth in the rules;

(4) All veterans or members who qualify under subsection (a) of this section shall be required to meet job requirements before receiving preference credits;

(5) Employees in the classified service who, while in good standing, leave or have left the state service to engage in military service shall be given credit for seniority purposes for the time served in the armed forces not to exceed 3 years; and

(6) Five preference points may be claimed by the spouse of any of the following, so long as the spouse achieves a passing examination grade:

a. Any veteran or member who qualifies under subsection (a) of this section who has died, so long as the widow or widower has not remarried;

b. Any member of the armed forces serving on active duty who, at the time of application for the priority, is listed in 1 or more of the following categories and has been so listed for a total of more than 90 days:

1. Missing in action;

2. Captured in line of duty by a hostile force; or

3. Forcibly detained or interned in line of duty by a foreign government or power; or

c. Any veteran or member who qualifies under subsection (a) of this section who has a disability resulting from a service connected disability.
29 Del. C. § 6316A — Delaware Code / Title 29 / Chapter 63A / Section 6316A
§ Â
        6316A. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. § 9002D — Delaware Code / Title 29 / Chapter 90D / Section 9002D
§ Â
        9002D. Secretary; appointment; salary; employees and assistants.
Status: in_force

(a) The administrator and head of the Department is the Secretary of the Department of Human Resources (“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) The Secretary may employ such employees as may be required to carry out the duties of this office and may fix the salaries of such employees within the limitations of the funds appropriated therefor.

(c) In the event of a vacancy in the position of Secretary, including the death, resignation, temporary incapacity or removal of the incumbent, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as acting Secretary.

(d) The Secretary may call upon any other state officer for such assistance as the Secretary may require and may employ such special help as it may require to carry out this chapter. The Secretary shall fix the compensation of such persons as may be employed to be paid out of such funds as the General Assembly may appropriate for that purpose.
29 Del. C. § 10125 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10125
§ Â
        10125. Conduct of public hearings; burden of proof; record.
Status: in_force

(a) The hearing may be conducted by the agency or by a subordinate designated for that purpose.

(b) In connection with such hearings, the agency or its designated subordinate may be empowered to:

(1) Issue subpoenas for witnesses and other sources of evidence, either on the agency’s initiative or at the request of any party;

(2) Administer oaths to witnesses;

(3) Exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence;

(4) Limit unduly repetitive proof, rebuttal and cross-examination;

(5) Cause interrogatories to issue and depositions to be taken; or

(6) Hold prehearing conferences for the settlement or simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing.

(c) The burden of proof shall always be upon the applicant or proponent.

(d) A record from which a verbatim transcript can be prepared shall be made of all hearings in all contested cases. Transcripts shall be made at the request and expense of any party.
29 Del. C. § 703 — Delaware Code / Title 29 / Chapter 7 / Section 703
§ Â
        703. Delivery of election certificates.
Status: in_force

(a) The Senate may compel the delivery of the certificate of election of Governor or Lieutenant Governor or of the election of any of its members and, for that purpose, may order and cause the arrest of any officer presiding at a board of canvass and punish as a contempt the neglect to deliver a certificate of election.

(b) The House of Representatives may compel the delivery of the certificate of election of any of its members by the process under subsection (a) of this section.
29 Del. C. § 8706A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8706A
§ Â
        8706A. Responsibilities of the Public/Private Partnership and the Division.
Status: in_force

(a) The Public/Private Partnership shall be governed by a board of directors comprised of no less than 15 members, and shall to be composed of the following:

(1) The Governor, who shall serve as co-chair.

(2) One member of the majority party and 1 member of the minority party of the Senate appointed by the President Pro Tempore.

(3) One member of the majority party and 1 member of the minority party of the House of Representatives appointed by the Speaker of the House.

(4) At least 10 additional members appointed by the Governor. Such members shall collectively represent expertise on various economic development topics, including land use planning, finance, entrepreneurial investment and incubation, workforce development, labor, higher education, and regulatory compliance. Six of these 10 members shall be chosen from a list of recommended candidates provided by the Delaware State Chamber of Commerce and the Delaware Business Roundtable. One of the 6 individuals chosen from this list of recommendations shall be appointed by the Governor to serve as co-chair. The Governor may appoint additional members as necessary.

(b) No financial contribution to the Public/Private Partnership shall be required as a condition of or in connection with an appointment to the board of directors.

(c) The Public/Private Partnership formed pursuant to § 8702A(5) of this title shall have the following responsibilities:

(1) Work with the Division to assist early stage technology enterprises and entrepreneurs to apply for grants, loans, bonds or other financial incentives.

(2) Develop the workforce and establish recruiting processes to fill talent gaps in a changing market and continually supply trained workers for an innovative, technology-based economy.

(3) Recruit innovative and high-technology employers.

(4) Expand international business opportunities.

(5) Develop marketing strategies for long term growth.

(6) Provide guidance to start-up businesses and early stage ventures, focusing on high-growth firms and industries.

(7) Conduct research on trends in industry and opportunities that may impact Delaware’s economy.

(8) Coordinate such other activities to encourage the economic development of the State through commercial, industrial, agricultural and other enterprises to locate, remain and expand in the State.

(d) The Public/Private Partnership shall submit the following annual reports, which shall be subject to Chapter 100 of this title, to the Governor and the General Assembly on or before June 30 each year:

(1) Internal Revenue Service Form 990 tax returns.

(2) Audited financial reports.

(3) The organization’s conflict, audit and expense policies.

(e) The Public/Private Partnership shall make available for inspection corporate documents and meeting minutes upon request by the Governor or the General Assembly.

(f) Any director of the Public/Private Partnership who is not a “public officer” as defined by § 5812(n)(1) of this title shall submit, on or before June 30 each year, to the General Assembly and the Governor the financial information listed in 5813(a)(1)-(5) of this title in a form substantially similar to that used by public officers to disclose financial information to the Public Integrity Commission; provided however, that any financial information submitted by such directors shall not constitute public records subject to Chapter 100 of this title.

(g) The conflict of interest policy for the Public/Private Partnership shall include the following provisions:

(1) All members, directors, officers, or members of any committee with powers delegated to it by the board of directors of the Public/Private Partnership shall have a duty to disclose any actual or possible conflict of interest or financial interest related to any proposed transaction, contract, or arrangement under consideration by the Public/Private Partnership.

(2) Procedures for addressing a conflict of interest, including consideration of alternatives to the proposed transaction, contract, or arrangement that do not present a conflict of interest.

(3) Procedures to determine whether a violation of the conflict of interest policy has occurred.

(4) A clear statement that any person found to have violated the conflict of interest policy shall be removed from that person’s position.

(5) Provision for periodic review of the operations of the Public/Private Partnership to ensure compliance with the conflict of interest policy and that compensation arrangements and benefits are reasonable and the result of arm’s length bargaining.

(h) The Division shall:

(1) Be responsible for attracting new investors and businesses to the State, promoting the expansion of existing industry, assisting small and minority-owned businesses, promoting and developing tourism and creating new and improved employment opportunities for all citizens of the State at every economic level, provided that such development is carried out with a view to preserving existing agriculture, commercial, industrial and recreational opportunities to be had within the State and conserving the natural resources and wildlife of the State.

(2) Act as the Governor’s principal staff agency in economic development matters; make studies and investigations, insofar as they may be relevant to the State’s economy, of the resources of the State and of existing and emerging problems of agriculture, industry, commerce, transportation and other matters affecting the development of the State and, in making such studies, seek the cooperation and collaboration of the appropriate departments, boards, commissions, agencies and instrumentalities of federal, state and local government, educational institutions and research organizations, whether public or private, and of civic groups and private persons and organizations; render advice and act as the Governor’s designated agency in the execution of such matters relating to its powers as the Governor may request.

(3) Provide information to, and cooperate with, the General Assembly or any of its committees in connection with studies relevant to the overall development of the State’s economy.

(4) Cooperate with, and within the limitations of its appropriations, provide requested assistance to county or local governments in the State, or any of their instrumentalities; and cooperate with and assist departments and other agencies or instrumentalities of federal, state and local government, as well as regional, metropolitan, county, municipal or other local or private agencies in the execution of their functions with a view to harmonizing their development activities with the overall development plans and policies of the State. Whenever cooperation or assistance under this subdivision includes the rendering of technical services, such services may be rendered free or in accordance with an agreement for reimbursement.

(5) Provide information to officials of departments, boards, commissions, agencies and instrumentalities of state and local government, to civic and other groups, and to the public at large in order to foster public awareness and understanding of the objectives of a strong state economy and to stimulate public interest and participation in the orderly and integrated development of the State.

(6) Accept and receive, in furtherance of its function, funds, grants and services from the federal government or its agencies, from departments, agencies and instrumentalities of state or local government or from private and civic sources.

(7) Collect, compile and audit the information and data necessary to discharge its principal functions. Where such data cannot be secured from federal, state or local agencies or private organizations, the Division may engage in the required research. Before publishing any historical information, the information shall be reviewed and approved by the Department of State of the State.

(8) Perform and be responsible for the performance of all powers, duties and functions heretofore vested in the Delaware Office of Economic Development immediately prior to July 1, 2017, and the powers, duties and functions heretofore vested in the Division of Economic Development of the Department of Community Affairs and Economic Development immediately prior to November 1, 1981.

(9) Exercise all other powers necessary and proper for the discharge of its duties.

(i) The Public/Private Partnership and the Division will coordinate on proposed economic development projects for consideration by the Council, as necessary.
29 Del. C. § 8419 — Delaware Code / Title 29 / Chapter 84 / Section 8419
§ Â
        8419. Transportation priority planning.
Status: in_force

The Department of Transportation, with Council approval, shall:

(1) Establish a method of determining current needs and costs of the entire multi-modal transportation requirements in the State which will be utilized in allocating capital funds for the Capital Transportation Program. The costs will be updated annually.

(2) a. Establish a formula-based process which shall be used for setting priorities on all Department transportation projects and which shall consider, but not be limited to the following: Safety, service and condition factors; social, economic and environmental factors; long range transportation plans and comprehensive land use plans; and continuity of improvement.

b. The formula based process shall not be utilized for setting priorities for dirt roads, suburban street aid projects, municipal street aid projects or system preservation projects. System preservation projects will be prioritized based upon performance measures established in the Department for pavement management, bridge management and safety management projects.

(3) Review and approve the Long Range Transportation Plan, to be used in connection with the Department’s internal review process for transportation projects. Department programs or projects utilizing other than state, Transportation Trust Fund or federal funds shall be indicated within the Capital Transportation Program with their priority rating as specified in paragraph (2)a. of this section, but the costs shall not be added to the total estimated cost of the overall program. An annual written report including this data shall accompany the Department recommendations.

(4) Update and prepare biennially a statewide Capital Transportation Program for submission to the Council on Transportation. The current year of the Program shall consist of transportation programs and projects to be advanced in that year based upon the prioritization ranking process specified in paragraph (2) of this section. No program or project will be funded for implementation except those that can with reasonable certainty be advertised for bid that year. Proposed projects or programs for the remaining years of the 6-year Capital Transportation Program shall be pursued in accordance with the prioritization ranking process specified in paragraph (2) of this section. The estimated cost of the Program for each year shall not exceed the estimated federal and state funds available for transportation purposes during that year. The estimated federal and state fund availability will be developed annually by the Department of Transportation based upon the dollar amount of funds available and the ability to use the funds for a specific program or project.

(5) Review any priority changes that would result in the introduction of new projects or programs to a proposed or adopted Department Capital Transportation Program and make recommendations on such priority changes or introduction of new projects or programs based on the criteria and formula-based process which establish the priorities or projects and programs. The Department shall fully document its recommendations in a written report to the Council on Transportation.
29 Del. C. § 5571 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5571
§ Â
        5571. Mandatory retirement.
Status: in_force

A member shall retire on the member’s mandatory retirement date as established by the employer.
29 Del. C. § 5253 — Delaware Code / Title 29 / Chapter 52A / Section 5253
§ Â
        5253. Specifications of the coverage.
Status: in_force

(a) Participating employees shall be eligible to utilize earned sick leave for absences due to accident, illness, or injury, or parental leave, if eligible upon the birth of a child, for periods before disability benefits commence under this chapter, such that the participating employee receives 100% of creditable compensation for such periods, not to exceed the employee’s sick leave balance.

(b) Short-term disability benefit. — (1) An employee who is determined by the Committee, in its sole discretion, to be mentally or physically unable to perform the essential functions of the employee’s position as defined in rules and regulations adopted by the Committee, with reasonable accommodation as required by federal law, shall be entitled to receive short-term or long-term benefits pursuant to this chapter. An employee who receives short-term or long-term disability benefits pursuant to this chapter may be required, in the sole discretion of the Committee, to participate in rehabilitation or retraining services, or a combination thereof, under a program established by the Committee. Short-term disability benefits for participating employees shall commence upon the expiration of a 30-calendar-day elimination period. Such elimination period shall begin on the first day following the onset of physical or mental incapacity as determined by the Committee, in its sole discretion. If an employee returns to work for 1 day or less during the 30-calendar-day elimination period but cannot continue to work thereafter, the period worked shall not be considered to have interrupted the 30-calendar-day elimination period. The elimination period must commence and conclude within normal working periods for employees who work less than 12 months per calendar year.

(2) Except as provided in paragraph (b)(4) of this section, short-term disability benefits pursuant to this chapter shall be payable at the rate of 75% of the participating employee’s creditable compensation prior to the onset of the disability during the period that an employee has a disability, as determined by the Committee.

(3) Creditable compensation during periods an employee receives short-term disability benefits shall include general salary increases awarded or reductions in salary instituted during the period of short-term disability coverage.

(4) An employee may utilize annual, sick, parental, compensatory, or donated leave to supplement short-term disability benefits to equal 100% of pre-disability creditable compensation for the maximum period of 182 calendar days.

(5) If a participating employee returns to the employee’s position on a full-time basis, as defined by the Committee, for 15 consecutive calendar days or longer, any succeeding period of disability for which the employee shall become eligible shall constitute a new period of short-term disability with a corresponding 30-calendar-day elimination period.

(6) Employees enrolled in and receiving short-term disability (STD) compensation shall receive a maximum of 100% of base pay. If the employee is otherwise eligible for holiday pay or a paid leave other than identified in paragraph (b)(4) of this section, the employee will be granted 100% pay on the day in question without a residual. All leave supplements will be calculated on a pay period basis.

(7) Except those who qualify for parental leave upon the birth of a child, once an employee exhausts their elimination period, the employee will be deemed to have applied for benefits under this section and shall not be eligible to utilize paid leave in lieu of application for short-term disability.

(8) When an employee is on approved STD per subsection (b) of this section and does not supplement the 75% STD payment with 25% leave for a period of greater than 30 calendar days, the employee will accrue leave on a pro-rata basis.

(c) Long-term disability benefit. — (1) Long-term disability benefits for participating employees shall commence upon the expiration of a 182-calendar-day waiting period. The waiting period shall commence on the first day following the onset of the disability as determined by the Committee, in its sole discretion. If an employee returns to work for 14 or fewer consecutive calendar days during such 182-calendar-day waiting period and cannot thereafter continue to work, the periods worked shall not be deemed to have interrupted the 182-calendar-day waiting period.

(2) Long-term disability benefits for an eligible employee shall be paid in an amount equal to 60% of the participating employee’s creditable compensation prior to the onset of the disability. In no event shall the employee be entitled to utilize earned sick leave to supplement long-term disability benefits.

(3) Long-term disability benefits shall not include general salary increases during the period of long-term disability. Long-term disability benefits may be increased annually by an amount approved by the Committee.

(4) Any employee who applies for long-term benefits pursuant to this chapter must apply to the Social Security Administration for disability benefits. Long-term disability benefits provided under this chapter shall be reduced by any disability benefits received from the Social Security Administration.

(5) Upon the exhaustion of the maximum short-term disability benefit period, any employee, except those entitled to hazardous duty pay as defined in § 5933(c) of this title, shall no longer be an employee of the State or any of its political subdivisions provided the employee has exhausted their Family Medical Leave Act of 1993 (FMLA) [29 U.S.C. § 2601 et seq.] entitlement and/or is not FMLA eligible. Employees entitled to hazardous duty pay as defined in § 5933(c) of this title who exhaust the maximum short-term disability benefit period shall no longer be an employee of the State or any of its political subdivisions at the end of their entitlement to hazardous duty pay or parental leave provided the employee has exhausted their FMLA entitlement and/or is not FMLA eligible.

(6) Prior to the commencement of long-term disability benefits, the employee shall be eligible to make a written election to escrow for a period of 6 months any unused annual and sick leave based on the rules in place by the employing organization. Any employee who does not make a written election to escrow unused annual and sick leave will receive a payoff of unused annual and sick leave under § 5253(c)(5) of this title. Any employee approved for long-term disability benefits and who made a written election to escrow unused annual and sick leave who returns to state employment in a full-time benefit eligible position within the 6-month escrow period and works on a full-time basis for at least 30 calendar days will retain their annual and sick leave balances. Any employee making a written election to escrow unused annual and sick leave who does not return to state employment in a full-time benefit eligible position for at least 30 calendar days within the 6-month escrow period will receive a payoff of unused annual and sick leave at the end of the 6-month escrow period based on the rules in place by the employing organization.

(d) Eligibility for participation in the program shall terminate upon the earliest to occur of an employee’s:

(1) Ability to return to employment;

(2) Death; or

(3) The date the employee is no longer covered by the Delaware State Employees’ Pension Plan pursuant to Chapter 55 of this title; or

(4) Normal service retirement at age 65.

If the employee develops a disability after age 60, the maximum duration of benefits will be subject to the following:
29 Del. C. § 8318 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8318
§ Â
        8318. Compensatory payments for certain exempt properties owned by the State.
Status: in_force

(a) The county seat in each county shall appraise and assess real property taxes on all property owned by the State excluding properties owned by the Delaware Housing Authority, Delaware Solid Waste Authority, Delaware State University, or the University of Delaware, lying within their respective city limits. Each county seat shall annually submit statements of these appraisals and assessments unto the Secretary of the Department of Finance, said assessments and appraisals to be in accordance with their respective procedures for appraising and assessing real property.

(b) The Secretary of Finance shall examine and inspect the aforementioned assessment and appraisals and shall have all rights to question the assessments and appeal any decisions regarding the same. If the Secretary of Finance is satisfied that the assessments and appraisals are accurate, then the Secretary shall direct payment to the County Seat according to the following schedule:

(1) For those county seats with a population between 0–50,000 residents, the Secretary shall direct a payment of 30.8% of the tax assessed to said county seats.

(2) For those county seats with a population above 50,000 residents, the Secretary shall direct a payment of 100.0% of the tax assessed to said county seats.

(c) The total amount of payments made by the Secretary with respect to all county seats shall not exceed $3,900,000 in any state fiscal year.

(d) In any fiscal year, if total compensatory payments, as calculated under subsection (a) of this section, exceeds the amount allocated in subsection (c) of this section, then the payments to be received by each county seat shall be the product of the amount appropriated to the county seats, not to exceed the total payment amount established in subsection (c) of this section, multiplied by a fraction, the numerator of which is the payment that would otherwise be due to a county seat under subsections (a) and (b) of this section and the denominator is the total of all compensatory payments that would otherwise be due to all county seats under subsections (a) and (b) of this section. The Secretary of Finance has the right to withhold payment to any county seat until the assessments and appraisals of all 3 counties have been submitted and verified.
29 Del. C. § 2307 — Delaware Code / Title 29 / Chapter 23 / Section 2307
§ Â
        2307. Preservation of legislative records.
Status: in_force

(a) The Delaware Public Archives shall sort, arrange, label and file, according to legislative session, all original bills, resolutions, committee reports and other legislative records, keeping the Senate records separate and distinct from those of the House.

(b) The Secretary of the Senate and the Clerk of the House shall, at the end of each session of the General Assembly, deliver to the Delaware Public Archives all the original bills, resolutions, petitions and other legislative records of the session to be labeled and preserved by the Delaware Public Archives.
29 Del. C. § 7999 — Delaware Code / Title 29 / Chapter 79 / Subchapter XI / Section 7999
§ Â
        7999. Background checks for employees, contractors, and volunteers of the Department.
Status: in_force

(a) An employee, contractor, or volunteer of the Department who visits children in their homes and in the community or has regular, direct access to children or adolescents under the age of 18 is required to obtain a background check.

(b) An individual who has a disqualifying criminal conviction or is on the Child Protection Registry at Level III or Level IV may not be an employee, contractor, or volunteer for the Department in any capacity where that individual would visit children in their home or in the community or have regular, direct access to children or adolescents under the age of 18.

(c) An employer may not employ an employee, contractor, or volunteer for work with the Department, if that individual will visit children in their homes and in the community or have regular, direct access to children or adolescents under the age of 18, before obtaining a criminal background check. The criminal history of any individual not employed directly by the Department must be provided to the Department upon the individual’s commencement of work. The Department shall have the right to review every criminal background check obtained under this subchapter and make its own determination of the individual’s qualification for employment. If the Department determines that an individual has a disqualifying criminal conviction, the individual may not continue in employment.

(d) An employer may conditionally hire an employee, contractor or volunteer covered by this subchapter who has been fingerprinted pending the determination of suitability for employment. An employer may not employ or continue to employ an individual with a disqualifying criminal conviction. Subject to the Department’s right to review every background check obtained under this subchapter, each employer is responsible for making the determination of suitability for employment.

(e) Costs associated with obtaining a criminal background check shall be borne by the employee, contractor, or volunteer or prospective employee, contractor, or volunteer.

(f) The Department shall promulgate regulations to implement this subchapter and may develop rules or procedures governing the authorization of a contractor covered by this subchapter to provide the Department with the results of a background check required under this subchapter at the request of a current or potential employee, volunteer, or contractor.

(g) The State Bureau of Identification shall provide the criminal background information and the Department of Services for Children, Youth and Their Families shall provide the Child Protection Registry check information required by this section to the individual and the employer or prospective employer, unless the Department requires that background checks required under this section be processed through the Background Check Center pursuant to § 7972 of this title. The State Bureau of Identification and the Delaware Justice Information System shall provide all subsequent Delaware criminal history of any individual subject to a background check under this section to the employer or prospective employer. If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, SBI shall provide all subsequent criminal history record information available through the Rap Back System to the employer or prospective employer.
29 Del. C. § 8714A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8714A
§ Â
        8714A. Rights of appeals continued.
Status: in_force

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Division, to any subdivision thereof or to any council or board created by this chapter shall continue to exist with respect to such act or acts as hereafter performed by the Division, by the subdivision, by the council or by the board to which such function is transferred by this chapter, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 5092 — Delaware Code / Title 29 / Chapter 50 / Subchapter VII / Section 5092
§ Â
        5092. Industrial Revenue Bond Committee [Transferred].
Status: in_force

Transferred to § 8792A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5923 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5923
§ Â
        5923. Emergency employment.
Status: in_force

The rules shall provide for emergency employment for not over 30 days, with or without competition, with the consent of the Secretary.
29 Del. C. § 4714 — Delaware Code / Title 29 / Chapter 47 / Section 4714
§ Â
        4714. Commission on Forensic Science.
Status: in_force

(a) The Commission on Forensic Science, hereinafter in this chapter referred to as the “Commission”, is hereby established. The Commission shall provide oversight and guidance to foster professionalism within, and the development and growth of, the Division of Forensic Science. The Commission shall consist of 10 members. The Commissioners shall be the Secretary of the Department of Health and Social Service, the Secretary of the Department of Safety and Homeland Security, the Attorney General, or the Attorney General’s designee, the Chief Defender or the Chief Defender’s designee, a member of the Delaware State Senate appointed by the President Pro Tempore, a member of the Delaware House of Representatives appointed by the Speaker, a member appointed by the Delaware Police Chiefs Council, a member of the Delaware State Troopers Association or the Fraternal Order of Police with formal training in forensic science appointed by the Secretary of the Department of Safety and Homeland Security with the concurrence of the Governor, and 2 members, appointed by the Governor, who have expertise in forensic science.

(b) For administrative and budgetary purposes, the Commission will be placed within the Department of Safety and Homeland Security, Office of the Secretary.

(c) The Director of the Division of Forensic Science shall create an audit process to include evidence accountability, requisite certifications, and security. The Director of the Division of Forensic Science shall file a report on this audit to the Commission and Governor once a year.

(d) The Commission shall undertake the following tasks:

(1) Evaluate and monitor the needs of the Division to ensure that it is able to provide accurate, timely, and responsive forensic sciences services to all members of the criminal justice community;

(2) Evaluate and monitor the needs of the Division as may help preserve the independence of judgment and the integrity of all scientific undertakings by the Division and its personnel;

(3) Evaluate and monitor the human resources needs and the personnel and hiring practices of the Division;

(4) Receive and consider input from all stakeholders in the criminal justice community, including, without limitation, prosecutors, defense attorneys, the courts, law enforcement, victims’ advocates, the Domestic Violence Coordinating Council, the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, and other interested persons or parties;

(5) Evaluate and monitor the quality assurance structure and processes, including chain of custody practices for drug evidence;

(6) Evaluate and monitor professional competency and accreditation requirements and staff management policies;

(7) Review and comment upon all rules and regulations promulgated pursuant to § 4702 of this title; and

(8) Suggest and support the implementation of improvements to the operations of the Division or its communications and cooperation with other agencies of state and local government.
29 Del. C. § 4501 — Delaware Code / Title 29 / Chapter 45 / Section 4501
§ Â
        4501. Delaware Hispanic Commission; creation and purpose.
Status: in_force

The Delaware Hispanic Commission (“Commission”) is created to do all of the following:

(1) Advise the Governor, members of the Governor’s Cabinet, members of the General Assembly, and other policymakers on ways to improve the delivery of services to the people of Hispanic descent in Delaware.

(2) Review, study, and prioritize matters that affect the people of Hispanic descent in Delaware, including all of the following matters:

a. Education.

b. Social services.

c. Housing.

d. Health care.

e. Culture.

f. History.

g. The arts.

h. Human and civil rights.

i. Legal and legislative.

j. Employment.

k. Finance.

l. Business.

m. Economic development.

(3) Work with government agencies, business groups, and nonprofit organizations to support people of Hispanic descent in Delaware.

(4) Work with education and business groups in Delaware to provide access to education and employment opportunities to people of Hispanic descent in Delaware.

(5) Get funding from foundation and government sources to support people of Hispanic descent in Delaware.

(6) Give recommendations to the Governor and the General Assembly on pending legislation that affects people of Hispanic descent in Delaware.

(7) Create and maintain cultural ties between people of Hispanic descent in Delaware and people of Hispanic descent in European, Latin American, and the Caribbean countries and in territories.

(8) Establish and promote programs and events that create awareness of people of Hispanic descents’ culture, history, and language.
29 Del. C. § 10218 — Delaware Code / Title 29 / Chapter 102 / Section 10218
§ Â
        10218. Merit system employees.
Status: in_force

If the termination of an entity or an entity’s program or activity results in unemployment for an individual employed under the Merit System of Personnel Administration [Chapter 59 of this title], the unemployed individual is entitled to first preference in each other state employment opportunity which arises thereafter for which the unemployed individual is qualified. The unemployed individual has the right of first refusal for a state employment opportunity until the individual obtains permanent employment.
29 Del. C. § 572 — Delaware Code / Title 29 / Chapter 5 / Subchapter III / Section 572
§ Â
        572. Purpose of State Museum.
Status: in_force

The purpose of the Delaware State Museum is to:

(1) Collect and preserve for the citizens of Delaware permanent exhibits of some phases of the social, cultural, industrial, agricultural and commercial life of the State and of its natural resources;

(2) Prepare and circulate for use in the schools of the State portable exhibits of instructive material which will aid in a better understanding of the past and present activities in Delaware; and

(3) Convey to the visitors to the State a better understanding of the contributions of Delaware toward the growth of our nation from the time of our first settlement to the present day.
29 Del. C. § 8026 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8026
§ Â
        8026. Disposition of lost, abandoned or stolen property in custody of Department.
Status: in_force

(a) Whenever any personal property of any kind, except money, comes into the custody of the Department of Natural Resources and Environmental Control, and the person entitled to possession of said property cannot be located or fails to claim the property for a period of at least 30 days, the Secretary of the Department of Natural Resources and Environmental Control may dispose of the property by turning possession and custody of the property over to the Superintendent of the State Police for disposition pursuant to procedures set forth in § 8307 of Title 11.

(b) Upon receipt of any personal property of any kind, except money, from the Department of Natural Resources and Environmental Control, the Superintendent of the State Police may dispose of said personal property at public sale upon proof that said property was held by the Department of Natural Resources and Environmental Control and/or the State Police for a period of not less than 1 year, and upon proof that the person entitled to possession of said property has failed to claim the property during the 1 year period the Department of Natural Resources and Environmental Control and/or the State Police held the property.

(c) After payment of expenses to the Department of Natural Resources and Environmental Control and the State Police for the amount of any storage or tow charges that are incurred by said Department and State Police during the period in which the property was in custody, and after the payment of all liens to which said property was subject in the order of their priority, the proceeds from the sale of said property shall be disposed of in accordance with the procedures of § 8307 of Title 11.

(d) Employees of the Department of Natural Resources and Environmental Control shall deliver custody of lost, abandoned or stolen money which comes into their possession in connection with the performance of their duties to the Secretary or such person the Secretary may designate and whenever any lost, abandoned or stolen money comes into the custody of the Department of Natural Resources and Environmental Control, the Secretary of said Department shall make a reasonable effort to locate the owner thereof. If the owner of any stolen money cannot be located or fails to claim such stolen money within 1 year from the date that it came into the custody of said Department, such money shall become the property of the State, and shall be transferred to the General Fund of the State. If the owner of any lost or abandoned money cannot be located or fails to claim such lost or abandoned money within 1 year from the date that it came into the custody of said Department, such money shall become the property of the person who delivered custody of such money to the Department and shall be returned by the Secretary of the Department to such person as soon as is practicable after the 1-year period. However, if the person who delivered custody of such lost or abandoned money is an employee of said Department such money shall become the property of the State and shall be transferred to the General Fund of the State after the 1-year period.

(e) This section shall apply to any personal property of any kind, which comes into the custody of the Department of Natural Resources and Environmental Control as a result of either finding lost, abandoned or stolen property, or an investigation or enforcement action made pursuant to Title 7.
29 Del. C. § 6314A — Delaware Code / Title 29 / Chapter 63A / Section 6314A
§ Â
        6314A. Transfers and continuity.
Status: in_force

(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Office of Management and Budget shall, on July 1, 2005, be delivered into the custody of the said Office. 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, 2005, 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 Office. 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, 2005, shall remain in full force and effect until revoked or modified in accordance with law by the Office. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Office by this chapter and being in force on July 1, 2005, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Office.

(b) Employees of any agency whose functions are consistent with and have been transferred to the Office of Management and Budget by this chapter shall continue and be deemed to be the employees of the said Office on July 1, 2005, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2005.

(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 Office of Management and Budget, be construed as referring and relating to the Office of Management and Budget 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 Office of Management and Budget, 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. § 912 — Delaware Code / Title 29 / Chapter 9 / Section 912
§ Â
        912. Vote requirement for ratification of amendments to United States Constitution.
Status: in_force

The General Assembly shall approve a proposed amendment to the United States Constitution by a majority of the members elected to each House of the General Assembly in a roll call vote. The vote on the proposed amendment must be entered on the journals of each House with the “ayes” and “nays” taken on the vote.
29 Del. C. § 4608 — Delaware Code / Title 29 / Chapter 46 / Section 4608
§ Â
        4608. Representation of indigent parents in DSCYF custody proceedings.
Status: in_force

(a) The Office of Defense Services shall represent, without charge, indigent parents under Chapter 25 of Title 13 under any of the following circumstances:

(1) The indigent parent requests representation.

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

(b) The determination of indigency shall be made by the Office of Defense Services. The representation will be without charge to the indigent parent.
29 Del. C. § 7940 — Delaware Code / Title 29 / Chapter 79 / Subchapter III / Section 7940
§ Â
        7940. Financial liability of persons served by the Department.
Status: in_force

(a) Any person committed to or accepting the services of any hospital, home, clinic or other facility of the Department and that person’s spouse or parents in the order named, except for persons committed to a prison or correctional institution, shall at all times be jointly and severally liable for the full cost of the care, treatment or both provided such person, except as may be specifically set forth in this section. Notwithstanding any other provision of the Delaware Code, parents and spouses of a patient shall not be required to pay all or part of any of the cost of care of any patient if:

(1) With respect to parental liability, the patient shall have attained the age of 18 years; or

(2) With respect to spousal liability, the patient shall have attained the age of 18 years and shall have been a patient in 1 or more of the institutions served by the Department for a period of 5 years.

(b) The “cost of care, treatment or both” per diem for an inpatient facility such as, but not limited to, a hospital or home shall be deemed to mean the total disbursements made by or on behalf of such facility during a fiscal year, divided by the number of patient-days during such fiscal year. Such cost shall be computed based on the experience of the previous fiscal year and the revised rate shall be charged beginning on the first day of the fourth month following the end of said fiscal year. In the event the inpatient facility has not been operational during the previous fiscal year, the “cost of care, treatment or both” shall be the amount determined by the Department within the guideline of available appropriations and anticipated patient-days. In the event an inpatient facility provides various services that have substantially different costs, and such different costs may be reasonably identified, the Department may determine the “cost of care, treatment or both” based upon the particular service provided. In the case of outpatient or clinic services, the “cost of care, treatment or both” shall be determined by the Department based upon the most recent available experience of actual cost.

(c) The Department is authorized and empowered to accept partial payments from any person committed to, or accepting the services of, any hospital, home clinic or other facility of the Department, or from any other person liable for the cost of care of such person, in an amount less than the full cost of care, treatment or both based upon the financial ability of such person or persons as determined by the Department. In determining financial ability to pay, the Department shall take into account the assets, liabilities, income, expenses, number of dependents of the entire family and any other relevant factors. The Department shall also promulgate such rules and regulations under subsection (i) of this section as may be necessary to insure that the enforcement of this obligation shall be as uniform as possible; provided, however, that such rules and regulations limit the financial liability of a spouse or parents to no more than 10 percent of their annual disposable income in any 12-month period of care or treatment.

(d) Except in cases committed by order of the courts of this State, the Department may require, before or after the patient is admitted or treated, the written agreement of those persons receiving or to receive care, treatment or both from the Department, and of those other persons who are liable under this section, concerning the payments required by this section. Such agreements may be reviewed from time to time at the request of the Department or the person liable and in any event shall be automatically reviewed at least once every 2 years and may be amended if the cost of care, treatment or both has changed or if the ability to pay of the person liable has changed in the judgment of the Department. The Department may require the person receiving or to receive care, treatment or both or from persons liable for the cost of care, treatment or both under this section such evidence of ability to pay as copies of federal income tax returns, tax withholding forms and statements of bank accounts and property holdings. Failure to provide such evidence may be grounds to refuse or terminate such care, treatment or both. Except in the case of the Delaware Hospital for the Chronically Ill, such evidence of ability to pay shall not be required of liable persons if they agree to pay the full cost of care, treatment or both and so long as such payments are timely rendered.

(e) Any court of this State committing a person to the jurisdiction of the Department, may, at its discretion, order said person, and such other persons liable for the payment of costs under this section over which the court has jurisdiction, to pay for the costs of care, treatment or both in such amounts as may be fixed by the Department under this subchapter.

(f) The Department, after full investigation of collectibility and/or reasons for nonpayment, shall proceed for the recovery of the moneys owed for such care, treatment or both in an action to be brought in any court of the State in the name of the Department, where such action is deemed justified. The Department of Justice of the State shall represent the Department in such cases and any costs to the State arising from such action shall be paid by the State Treasurer from moneys in the General Fund not otherwise appropriated.

(g) The Department may partially or totally waive liability for persons receiving services from a facility such as, but not limited to, a clinic when the Department determines that the cost of computing ability to pay and making collection would exceed the sums to be collected or when the Department determines that such liability would jeopardize the health of the community.

(h) In the event any person, juvenile or adult is committed to a prison or correctional institution, and in the event a court of this State has not ordered payment of the full cost of care, the Department may require such payments from such juvenile or adult while on a work release or similar program as it may deem appropriate provided that the total payment shall not exceed the actual cost of care while on the work release program.

(i) The Delaware Hospital for the Chronically Ill and any similar facility of the Department may continue, as heretofore, to refuse admission to persons adjudged to have adequate resources, either personally or from others legally liable for them, to secure such services from private facilities.

(j) The Secretary of the Department shall have the power to promulgate any rules and regulations not contrary to the laws of the State which the secretary deems necessary to carry out this section and such rules and regulations shall have the full force and effect of law.

(k) If it appears to the satisfaction of the Department that a person receiving or to receive care, treatment or both will be institutionalized for a long period of time and that the expected income of such person from all sources (including any portion of the cost of care to be paid by legally liable relatives) will be insufficient to pay for the full cost of care, treatment or both, the Department may require that all or part of the assets of such person be transferred and conveyed to the State to be applied to the cost of care as the same shall come due, any balance thereof to be returned to such person or such person’s estate upon such person’s discharge or death. In carrying out this provision, the Department may bring suit in any court having jurisdiction to require the transfer of such assets and may also apply for the appointment of a guardian or trustee of such person. The court, after giving appropriate notice and after hearing the evidence, shall enter such order as it deems appropriate.

(l) Nothing herein contained shall be construed to prevent the Department from refusing to admit or from discharging any patient who, for reasons other than nonpayment of cost of care, treatment or both, in the opinion of the Department, does not qualify for admission under the law or who will not benefit from the care, treatment or both available, or whose presence in any such institution will be detrimental to others.

(m) In the event that any person is aggrieved by any decision of the Department with respect to the payment of fees, refusal of admission or discharge for other than medical reasons, the person may appeal to a Special Appeals Committee consisting of the Chairpersons of the respective advisory Councils to the Division of Developmental Disabilities Services and on Substance Abuse and Mental Health and Delaware Home and Hospital and Physical Health by petition in writing stating the substance of the decision appealed from, the facts in support of the appeal and the relief sought. The Department shall reply to the petition within 10 days. The Committee shall hold a hearing within 60 days and shall render its decision promptly. The Committee’s decision shall be final and binding. The Committee may establish its own rules of evidence not inconsistent with this subchapter.
29 Del. C. § 3907 — Delaware Code / Title 29 / Chapter 39 / Section 3907
§ Â
        3907. Compensation of members; expenses; use of contributions.
Status: in_force

(a) The members of the Commission and the members of all delegations and committees which it establishes shall serve without compensation for such service but shall be paid their necessary expenses in carrying out their obligations under this chapter.

(b) The Commission may:

(1) Appoint 1 of its members its Secretary;

(2) Employ a stenographer;

(3) Incur such other expenses as may be necessary for the proper performance of its duties; and

(4) By contributions to the Council of State Governments, participate with other states in maintaining the Council’s district and central secretariats and its other governmental services.
29 Del. C. § 8787 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8787
§ Â
        8787. Tax status.
Status: in_force

The powers and functions exercised by the Corporation are and will be in all respects for the benefit of the people of the State, and to this end, the Corporation will be exercising essential governmental functions. To this end, the Corporation shall not be required to pay any taxes or assessments or charges of any character, including, without limitation, real property taxes or head taxes levied upon employers, upon any of the property used by it or leased to third parties in connection with the exercise of its powers, or any income or revenue therefrom, including, without limitation, any profit from any sale or exchange.
29 Del. C. § 2104 — Delaware Code / Title 29 / Chapter 21 / Section 2104
§ Â
        2104. Review of National Guard.
Status: in_force

The Governor may review the volunteer forces or the National Guard of the State at the Governor’s pleasure.
29 Del. C. § 2102 — Delaware Code / Title 29 / Chapter 21 / Section 2102
§ Â
        2102. Request for judicial opinions.
Status: in_force

The Governor may, whenever the Governor requires it for public information or to enable the Governor to discharge the duties of office with fidelity, request the members of the Supreme Court to give their opinions in writing touching the proper construction of any provision in the Constitution of this State or of the United States or the constitutionality of any law enacted by the General Assembly of this State.
29 Del. C. § 8728 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8728
§ Â
        8728. Division of the Arts â The Delaware State Arts Council [Effective until fulfillment of the contingency in 84 Del. Laws, c. 114, Â 3].
Status: in_force

(a) Establishment and purpose. —

The Delaware State Arts Council is established to promote and encourage the arts in this State. The Council shall provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it by the Governor, the Secretary of the Department of State, or the Director. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(b) Members. —

The Council is composed of 15 members, who the Governor appoints. Membership must meet all of the following qualifications:

(1) Each member is a Delaware citizen.

(2) Membership broadly represents all fields of the performing and fine arts.

(3) Each member is known for the member’s interest in a field of the performing or fine arts.

(c) Term of office. —

Each member serves for a term of 3 years and may not serve more than 2 consecutive terms. Each term of office expires on the date specified in the appointment, but a member remains eligible to participate in Council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that no more than â  of membership expires annually.

(d) Compensation. —

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

(e) A Chairperson of the Council shall be designated in addition to the members of the Council by the Governor and shall serve in that capacity at the pleasure of the Governor.

(f) Removal. —

The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or 4 out of 12 regular meetings. The Governor may consider the member to have resigned and may accept the member’s resignation.

(g) Quorum. —

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

(h) Staffing. —

The Division shall provide reasonable staff support to assist the Council in performing its duties under this section.

(i) Subcommittees. —

The Council may form subcommittees to assist the Council in performing its duties under this section.

(j) A Council member may participate in the Division’s grant review process, as requested by the Division.(a) Establishment and purpose. —

The Delaware State Arts Council is established to promote and encourage the arts in this State. The Council shall provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it by the Governor, the Secretary of the Department of State, or the Director. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(b) Members. —

The Council is composed of 15 members, who the Governor appoints. Membership must meet all of the following qualifications:

(1) Each member is a Delaware citizen.

(2) Membership broadly represents all fields of the performing and fine arts.

(3) Each member is known for the member’s interest in a field of the performing or fine arts.

(c) Term of office. —

Each member serves for a term of 3 years and may not serve more than 2 consecutive terms. Each term of office expires on the date specified in the appointment, but a member remains eligible to participate in Council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that no more than â  of membership expires annually.

(d) Compensation. —

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

(e) The Council shall elect a chair from among its members every 3 years. A member may not serve more than 2 consecutive terms as a chair.

(f) Removal. —

The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or 4 out of 12 regular meetings. The Governor may consider the member to have resigned and may accept the member’s resignation.

(g) Quorum. —

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

(h) Staffing. —

The Division shall provide reasonable staff support to assist the Council in performing its duties under this section.

(i) Subcommittees. —

The Council may form subcommittees to assist the Council in performing its duties under this section.

(j) A Council member may participate in the Division’s grant review process, as requested by the Division.
29 Del. C. § 846 — Delaware Code / Title 29 / Chapter 8 / Subchapter IV / Section 846
§ Â
        846. Senate district descriptions.
Status: in_force

In the descriptions of the various Senate districts, all references to a road, highway, street, drive, place, parkway, lane, avenue, boulevard, route, turnpike, river, stream, branch, gut, boundary line or other physical feature shall refer to the center line thereof unless otherwise specified.
29 Del. C. § 9406 — Delaware Code / Title 29 / Chapter 94 / Section 9406
§ Â
        9406. State parks and open spaces.
Status: in_force

Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of Title 7 or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
29 Del. C. § 4107 — Delaware Code / Title 29 / Chapter 41 / Section 4107
§ Â
        4107. Consortium report [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, Â 2].
Status: in_force

(a) The Consortium shall, at least biennially, issue a report to the Governor and the General Assembly on the status of persons of color in this State and progress in eliminating inequities and disparities experienced by persons of color.

(b) The Consortium shall deliver a copy of the report required under subsection (a) of this section to all of the following:

(1) The Governor.

(2) The President Pro Tempore of the Senate, for distribution to all members of the Senate.

(3) The Speaker of the House of Representatives, for distribution to all members of the House of Representatives.

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

(5) The Director of the Public Archives.
29 Del. C. § 6513 — Delaware Code / Title 29 / Chapter 65 / Section 6513
§ Â
        6513. Statement of account.
Status: in_force

No account or statement of indebtedness for any personal service, work or labor or for property, materials or supplies performed for, or furnished to, any agency shall be valid unless made out on a form prescribed by the Director of the Office of Management and Budget and conforming to § 6515 of this title.
29 Del. C. § 5612 — Delaware Code / Title 29 / Chapter 56 / Section 5612
§ Â
        5612. Revised plan â Eligibility; annual pension for permanent disability.
Status: in_force

(a) A member covered by the revised plan is eligible to receive a pension if the member meets 1 of the following:

(1) Has completed 12 years of service as a state judicial officer and has attained age 62.

(2) Has completed 24 years of service.

(3) Has been involuntarily retired after having served 22 years as a state judicial officer.

(b) A member covered by the revised plan who has completed 12 years of service as a state judicial officer has a vested right to a pension. The vested right is forfeited on the member’s application for a refund of the member’s accumulated contributions.

(c) (1) If a state judicial officer develops a permanent physical or mental disability while a state judicial officer, the state judicial officer is to receive, from and after the ascertainment of the disability in the manner set forth in paragraph (c)(2) of this section, an annual pension from this State, payable in equal monthly installments during the remainder of the state judicial officer’s lifetime.

(2) A state judicial officer may be deemed to have a permanent physical or mental disability and unable to perform the state judicial officer’s duties after the Board has considered a certificate to that effect signed by all of the following:

a. The Chief Justice of the Supreme Court, or if the Chief Justice is the subject of the certificate, by the senior Justice of the Supreme Court.

b. By 3 persons previously designated by the Board who meet all of the following:

1. Are duly licensed to practice medicine or surgery in this State.

2. Have been actively engaged in the practice of medicine or surgery in this State for at least 10 years immediately preceding the signing of the certificate.
29 Del. C. § 6976 — Delaware Code / Title 29 / Chapter 69 / Subchapter V / Section 6976
§ Â
        6976. Adherence to state procurement laws.
Status: in_force

(a) The qualified provider shall, in the execution of a performance contract, adhere to the requirements of § 6961 or § 6962 of this title.

(b) Before an agency enters into a performance contract, the performance contract shall be approved by the Secretary.
29 Del. C. § 406 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 406
§ Â
        406. Dedication to public of certain lands for street uses.
Status: in_force

Should it be thought desirable by the Office to widen and/or straighten or alter any street abutting upon any of the lands acquired under this chapter, it may cause to be laid off so much and such portion of the land so acquired as it deems necessary or proper to effect such widening, straightening or altering and shall cause a description thereof to be recorded in the office of the Recorder for Kent County and thereupon the land so described shall be deemed and held to be a dedication to the public for street uses and to be under and subject to the jurisdiction of the municipal authorities having supervision over the streets of the City of Dover without any further or other act, acceptance or consent.
29 Del. C. § 6927 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6927
§ Â
        6927. Bid and contract security.
Status: in_force

(a) Bid bonds. — For the purchase of materiel and nonprofessional services, in accordance with § 6923 of this title, the agency or a representative delegated by the agency may, at their discretion, require that bids be accompanied by:

(1) A deposit of either a good and sufficient bond to the State for the benefit of the agency involved; such bonds shall be issued with a corporate surety authorized to do business in this State, the surety shall be approved by the agency, and the bond form used shall be the standard form included as part of the bid documents issued by the Office of Management and Budget for this purpose; or

(2) A security of the bidder assigned to the agency for a sum equal to at least 10% of the bid.

The bid bond or bid security need not be for a specific sum but may be stated to be for a sum equal to 10% of the bid to which it relates. A bid bond or bid security may be stated as a certain stated sum provided that the sum is equal to or greater than 10% of the bid.

Bid or performance bonds shall not be used as a substitute for a determination of bidder responsibility. If a bid is withdrawn at any time before bid opening, any bid security shall be returned to the bidder.

(b) Loss of bid bond as damages. — In the event of any successful bidder refusing or neglecting to execute a formal contract and bond within 20 days of awarding the contract, the bid bond or security deposited by the successful bidder shall be taken and become the absolute property of the State for the benefit of the agency as liquidated damages. Such damages shall neither constitute a forfeiture nor a penalty and shall be deposited with the Secretary of Finance. Such moneys pertaining to Department of Transportation contracts shall be deposited in the Transportation Trust Fund. The contracting agency may award the contract to the next lowest responsible bidder or re-advertise for new bids.

(c) Return of bid bond. — Upon the execution of a formal contract and performance bond, the bid bond shall be returned to the successful bidder.

(d) Performance bonds. — Simultaneous with the execution of the formal contract where required by §§ 6923(k)(1) and 6924(j)(1) of this title, the procuring agency may require the successful bidder to execute a good and sufficient bond to the State for the benefit of the agency. Such performance bonds shall:

(1) Be with a corporate surety authorized to do business in this State;

(2) Be in a sum equal to 100% of the contract award, except as otherwise provided in this subsection; and

(3) Be in the standard form issued by the Office of Management and Budget for this purpose and shall be included in the projects’ bid documents.

Contracts for the purchase of material with a value less than the threshold amount(s) established by the Contracting and Purchasing Advisory Council may reduce or waive this bond requirement from the successful bidder. Such reduction or waiver shall be stated in the bid specifications.

(e) Contents of performance bonds. — The bond shall be conditioned upon the faithful compliance and performance by the successful bidder of each and every term and condition of the contract and the proposal, plans and specifications thereof. Each term and condition shall be met at the time and in the manner prescribed by the contract and the specifications, including the payment in full to every person furnishing materiel or performing labor in the performance of the contract, of all sums of money due the person for such labor and materiel. The bond shall also contain the successful bidder’s guarantee to indemnify and save harmless the State and the agency from all costs, damages and expenses growing out of or by reason of the successful bidder’s failure to comply and perform the work and complete the contract in accordance with the contract.

(f) Invoking a performance bond. — The agency may, when it considers that the interests of the State so require, cause judgment to be confessed upon the bond. All sums received through confession of judgment shall be deposited with the Secretary of Finance for the credit of the agency. Such moneys pertaining to Department of Transportation contracts shall be deposited in the Transportation Trust Fund. Every person furnishing materiel or performing labor under the contract for which the successful bidder is liable may maintain an action on the bond for the person’s own use in the name of the State or the contracting county in any court of competent jurisdiction for the recovery of such sum or sums as may be due such person from the successful bidder, but if the bond so provides, no suit shall be commenced after the expiration of 1 year following the date on which the successful bidder ceased work on the contract, otherwise suits may be commenced at any time within 3 years following the date the last work was done on the contract. No person or surety, in any action brought under this section or on the bond required in this section shall assert as a defense to such action the claim that the bond given pursuant to this section contained a limitation or restriction not provided for by this section.

(g) Other security for contracts under threshold amount(s). — Contracts for the purchase of materiel and nonprofessional services valued less than the threshold amount(s) set by the Contracting and Purchasing Advisory Council may contain a waiver of the bond requirement provided that the successful vendor post with the State an irrevocable letter of credit or other suitable or readily collectible financial security for the project. Such letter of credit or other security shall be issued for a term commencing simultaneously with the execution of the formal contract and terminating no later than 3 years subsequent to the date of delivery of such materiel or nonprofessional service or to the extent of the warranty period, whichever is greater. In no event shall such security expire without the express written approval of the State. Such waiver as described in this paragraph shall be stated in the bid specifications.

(h) Waivers from performance bonds. — On a contract for the purchase of a materiel or nonprofessional service, the State may, at its discretion, reduce or waive the bond or other form of security. Such waiver shall be stated in the bid specifications.

(i) In the case of bids submitted to agencies other than any county of this State and other than any public school district, wherever security is required under this section, the vendor shall also supply with its bid its taxpayer identification number (i.e., federal employer identification number or Social Security number) or a Delaware business license number and, should the vendor be awarded a contract, such vendor shall provide to the agency the taxpayer identification or Delaware business license numbers of such subcontractors. Such numbers shall be provided on the later of the date on which such subcontractor is required to be identified or the time the contract is executed. The agency shall report to the Division of Revenue each vendor selected for award within 15 days of execution of the contract and each subcontractor within 15 days of such contractor having been identified to the agency or on the date of execution of the contract, whichever is later, unless the Director of the Division of Revenue has notified 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. § 8753A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8753A
§ Â
        8753A. Established; organization.
Status: in_force

(a) There is hereby established a body corporate and politic, with corporate succession, to be known as “The Delaware Economic Development Authority.” The Authority is hereby constituted as an instrumentality of the State exercising public and essential governmental functions, and the exercise by the Authority of the powers conferred in this subchapter shall be deemed and held to be an essential governmental function of the State.

(b) The Authority shall consist of the Director who shall serve ex officio. The Director shall hold office for the term of the Director’s appointment. Should a vacancy in the Office of the Director occur, then the Authority shall consist of the Acting Director (with references to the Director in this chapter deemed to refer to such Acting Director) until the Director’s successor is duly qualified and appointed.

(c) The Director shall be the Chairperson of the Authority. Subject to its annual budget as approved by the Governor and the General Assembly, the Authority shall employ such persons as the Director shall determine are necessary to fulfill the powers granted to the Authority in this subchapter. The powers of the Authority shall be vested in the Director and all action by the Authority shall be taken by the Director or by a designee acting on the Director’s behalf as provided in this subchapter.

(d) Notwithstanding any other law, neither the Director nor any officer or employee of the State shall be deemed to have forfeited or shall forfeit such office or employment or any benefits or emoluments thereof by reason of such service as an officer of the Authority.

(e) The Director may designate officers or employees of the Division to represent the Director, and each such designee may lawfully act on behalf of the Director; provided, however, that, except in instances where the Director determines that the Director may have a direct interest in a project as provided in subsection (i) of this section and therefore disassociates from that project, no such designee may lawfully approve a project or adopt a resolution. However, notwithstanding the foregoing, the Director may during absence from the State, in accordance with § 8704A of this title, appoint any qualified employee of the Division to serve as Acting Director during such absence and such Acting Director may, among other things, lawfully approve a project, adopt a resolution or sign a bond. Neither the Director nor any such designee shall be subject to any personal liability or accountability by reason of execution of any bonds or the issuance thereof.

(f) The Authority may be dissolved by act of the General Assembly on condition that the Authority has no debts or obligations outstanding or that provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the Authority, all property, funds and assets thereof shall be vested in the State.

(g) The Authority shall prepare an annual budget for each fiscal year of the Authority (the “annual budget”) and shall submit the annual budget to the Director of the Office of Management and Budget and General Assembly with the Department of State’s budget request in accordance with Chapter 63 of this title. The annual budget need not include amounts representing expenditures for debt service on bonds, except for such amounts with respect to projects which are financed by proceeds from state-guaranteed bonds and for which either:

(1) Any payment due to the Authority or to a trustee or other person as assignee of the Authority is in default; or

(2) Sufficient revenues are not available to make payments due to such trustee or other person.

(h) The Office of Auditor of Accounts shall cause an audit of the Authority’s bonds issued under § 8754A(d) of this title to be made annually by a certified public accountant licensed to practice in the State. In addition, the Authority shall make an annual report of its activities to the Governor which shall set forth a complete operating and financial statement covering the Authority’s operations during the year and shall include the report of the certified public accountant who makes the audit of the Authority’s books and accounts. The Authority shall furnish a copy of the annual report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, the Auditor of Accounts and Controller General.

(i) No member, officer, employee or agent of the Authority shall be interested, either directly or indirectly, in any project or in any contract, sale, purchase, lease or transfer of real or personal property to which the Authority is a party. The existence of any such interest shall not affect the validity of bonds issued pursuant to this subchapter.

(j) All expenses incurred by the Authority shall be included and charged to the project to which they apply. Any refunds or reimbursements of such expenses shall be credited to the same project to which such expense was charged.

(k) The Authority shall prescribe such regulations as may be necessary to carry out the purposes of this subchapter and, in addition to any other regulation, the Authority shall require that any new applicant approved for a loan under this chapter shall agree to give the first opportunity of employment to qualified Delaware residents.

Each applicant shall report to the Authority, no later than June 30 of the year following the start of its operation in this State, the number of employees and the number of employees who were residents of Delaware at the time of their employment. This subsection shall not apply to industry employing highly skilled workers, except that any such industry, if it employs unskilled or semiskilled workers as a part of its work force, shall comply.

(l) Any net earnings of the Authority (beyond those necessary for retirement of any indebtedness or to implement the public purposes of this subchapter) shall not inure to the benefit of any person other than the State.
29 Del. C. § 9143 — Delaware Code / Title 29 / Chapter 91 / Subchapter IV / Section 9143
§ Â
        9143. Delaware Geographic Data Committee.
Status: in_force

(a) An Executive Council of the Delaware Geographic Data Committee is established to oversee coordination of the use and sharing of geospatial data and information in Delaware. It shall be comprised of the following members:

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

(2) The Secretary of the Department of Technology and Information;

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

(4) The Secretary of the Department of Transportation;

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

(6) The County Executive of New Castle County;

(7) The County Administrator of Kent County;

(8) The County Administrator of Sussex County;

(9) The Director of the Delaware Geological Survey;

(10) A federal Geospatial Liaison to be named by the f federal Geographic Data Committee; and

(11) Three representatives chosen annually from among the membership of the Delaware Geographic Data Committee by the membership of that Committee:

a. One representing the academic community,

b. One representing Delaware municipal governments, and

c. One representing the Committee as a whole.

(b) A staff member of the Office of Management and Budget shall be assigned the role of State Geospatial Data Coordinator and shall serve as nonvoting Chair of the Executive Council of the Delaware Geographic Data Committee.

(c) The Executive Council of the Delaware Geographic Data Committee shall meet on an as-needed basis, at the call of the Chair. Meetings shall be subject to all relevant open-meetings laws and regulations. Council members may, in writing, assign a proxy for specific meetings if they are unable to attend.

(d) The Executive Council of the Delaware Geographic Data Committee shall be assigned the following duties, including, but not limited to:

(1) Representing the State to all levels of government (including the federal government), the private sector, and academia in all matters pertaining to geospatial data and related technologies;

(2) Ensuring the availability of basic geospatial data to provide an up-to-date, comprehensive, digital base-map for the State;

(3) Seeking funding sources to support the creation and maintenance of geospatial data for the State;

(4) Promulgation of geospatial data standards to govern all creation, use and sharing of geospatial and related data in the State;

(5) Establishment of minimum metadata specifications for publication under § 9144(2) of this title;

(6) Oversight of statewide data collection and maintenance projects;

(7) Oversight of the Delaware Data Mapping and Integration Laboratory (DataMIL); and

(8) Oversight of the Delaware Geospatial Information Clearinghouse.

(e) The Executive Council of the Delaware Geographic Data Committee shall rely on the expertise and consensus of the full membership of the Delaware Geographic Data Committee, whenever possible, in carrying out these duties.

(f) The Executive Council of the Delaware Geographic Data Committee may, as needed and appropriate, create subcommittees, task forces, or working groups from among the membership of the full Delaware Geographic Data Committee to explore specific issues or opportunities or to provide concentrated subject matter expertise.

(g) A Delaware Geographic Data Committee is established to serve as an open users’ group of those working with geospatial data in Delaware and shall serve to make regular recommendations to the Executive Council of the Delaware Geographic Data Committee on actions and policies relating to the use and sharing of geospatial data in Delaware, as outlined in this section.

(1) Membership in the Delaware Geographic Data Committee shall be open to all parties meeting criteria as established in the by laws of the Committee.

(2) The Geospatial Data Coordinator shall serve as Chair of the Delaware Geographic Data Committee.

(3) The Delaware Geographic Data Committee shall meet on a regular basis to discuss issues of interest to committee members. Meetings shall be subject to all relevant open-meetings laws and regulations.

(4) The Executive Council of the Delaware Geographic Data Committee shall adopt bylaws for the Committee, by January 10, 2008, to govern the Committee. Such bylaws shall include, at a minimum, the factors outlined within this section.
29 Del. C. § 7908B — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7908B
§ Â
        7908B. Division of Substance Abuse and Mental Health.
Status: in_force

When a law-enforcement officer contacts Crisis Intervention Services or suspects an individual is experiencing an overdose or a suicide attempt, the law-enforcement officer may disclose the individual’s identifying information and a brief event synopsis to the Division of Substance Abuse and Mental Health to connect the individual to behavioral health treatment services.
29 Del. C. § 9009E — Delaware Code / Title 29 / Chapter 90E / Section 9009E
§ Â
        9009E. Report.
Status: in_force

(a) No later than March 1, the Inspector General shall produce an annual report, published on the Inspector General’s website, and submitted to the Governor, Attorney General, and members of the General Assembly, with copies to the Director and the Librarian of the Division of Research of Legislative Services, and the Delaware Public Archives.

(b) The annual report must contain all of the following regarding the Inspector General’s work during the prior year:

(1) The number of complaints received, the number of investigations started, and the number of investigations completed.

(2) A description of significant investigations completed.

(3) Any outstanding or unresolved concerns or recommendations.
29 Del. C. § 9003E — Delaware Code / Title 29 / Chapter 90E / Section 9003E
§ Â
        9003E. Inspector General; establishment.
Status: in_force

(a) The Office of Inspector General is established as an independent and nonpartisan agency to investigate the management and operation of state agencies to determine whether there has been fraud, waste, mismanagement, corruption, or any other abuse of governmental resources that harms the public interest.

(b) The General Assembly shall make adequate appropriations to the Office of Inspector General to enable effective operation and independence.

(c) (1) The Inspector General shall be nominated, appointed, and confirmed under § 9010E of this title and shall direct and supervise the work of the Office of Inspector General.

(2) The following individuals may not be nominated for Inspector General until 3 years after the last day of the individual’s employment in any of the following disqualifying positions:

a. A statewide public office.

b. A member of the General Assembly.

c. A Cabinet Secretary, or individual of equivalent rank within the executive branch.

d. A division director, or individual of equivalent rank within the executive branch, except that this paragraph (c)(2)d. does not apply to a Deputy Attorney General.

(d) (1) The Inspector General shall hire a Deputy Inspector General and qualified staff with education or experience in relevant areas such as investigations, evidence collection, audits, compliance with laws and other requirements, or other forms of oversight, enforcement, or government evaluation.

(2) The Inspector General may hire a staff attorney.

(3) Within 3 years of hire, investigative staff employed by the Office of Inspector General shall become certified by the Association of Inspectors General in at least 1 of the following fields:

a. Investigation.

b. Auditing.

c. Evaluation.

(e) (1) The Inspector General may contract for services of technical experts, including legal counsel.

(2) Notwithstanding paragraph (e)(1) of this section, the Inspector General may only contract for an audit if the Auditor of Accounts refuses to perform or contract for a requested audit.
29 Del. C. § 5704 — Delaware Code / Title 29 / Chapter 57 / Section 5704
§ Â
        5704. Interstate instrumentalities.
Status: in_force

Any instrumentality jointly created by this State and any other state or states may, upon the granting of like authority by such other state or states:

(1) Enter into an agreement with the Secretary of Health, Education and Welfare whereby the benefits of the federal old-age and survivors insurance system shall be extended to employees of such instrumentality;

(2) Require its employees to pay, and for that purpose to deduct from their wages, contributions equal to the amounts which they would be required to pay under subsection (a) of § 5705 of this title if they were covered by an agreement made pursuant to § 5703 of this title; and

(3) Make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements.

Such agreement shall, to the extent practicable, be consistent with the terms and provisions of § 5703 of this title and other provisions of this chapter.
29 Del. C. § 422 — Delaware Code / Title 29 / Chapter 4 / Subchapter II / Section 422
§ Â
        422. Appointments; duties; police powers.
Status: in_force

The Director of the Office of Management and Budget shall appoint persons who shall:

(1) Care for the property belonging to this State;

(2) Keep clean and in good order all the rooms, offices, apartments, library and furniture, halls, stairways and cellars in the buildings;

(3) Attend to the heating of the same;

(4) Look after the pavements and grounds attached thereto; and

(5) Perform the duties and do any and all things directed to be done by the Director of the Office of Management and Budget.
29 Del. C. § 7519 — Delaware Code / Title 29 / Chapter 75 / Section 7519
§ Â
        7519. Powers of board of education; contracts.
Status: in_force

The board of education for any district shall cause the school construction program authorized under any school construction bond authorization act and this chapter for such school district to be carried out. Such board of education, with consent of the Department of Education or its designated representatives, shall have power to make and enter into all contracts for school construction and for labor, materials, supplies, instrumentalities, furniture and equipment required to accomplish any such school construction program (including purchase of all educational supplies necessary for the initial operation of school so built, altered or added to), provided that all contracts involving expenditure shall be subject to Chapter 69 of this title.
29 Del. C. § 5057 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5057
§ Â
        5057. Covenants with bondholders [Transferred].
Status: in_force

Transferred to § 8757A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 1108 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1108
§ Â
        1108. Meetings; quorum.
Status: in_force

(a) The Council shall meet at the call of the Chairperson and at such place as the Chairperson shall designate. Meetings of the Council shall also be called by the Chairperson upon the written request of 6 members and upon 48 hours’ notice to the members of the Council.

(b) No less than 6 members of the Council shall constitute a quorum, and no act of the Council shall be valid unless approved by at least 6 members.
29 Del. C. § 7961 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7961
§ Â
        7961. Resident manager required.
Status: in_force

The sponsor of any congregate housing facility shall be responsible for having a responsible adult resident manager on the premises of such facility at all times.
29 Del. C. § 4872 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4872
§ Â
        4872. Contests prohibited.
Status: in_force

The conduct of unregistered interactive fantasy sports contests is prohibited.
29 Del. C. § 6906 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6906
§ Â
        6906. Rental and purchase of motor vehicles; exceptions.
Status: in_force

(a) Notwithstanding the provisions of this title, all passenger vehicles, including sedans, station wagons, passenger and utility vans, off-road vehicles, police-type cars and station wagons and trucks rated 10,000 GVW or less purchased for State use by any agency/school district must be approved by the Director of the Office of Management and Budget and purchased by contracts administered by the Government Support Services. All other vehicles purchased for State use by any agency/school district must be purchased from contracts administered by the Government Support Services.

(b) Notwithstanding the provisions of this title, the purchase of special purpose vehicles by any agency/school district in excess of the restrictions set forth in subsection (a) of this section, without the written approval of the Director of the Office of Management and Budget and the Controller General, is prohibited.

(c) Used vehicles employed by any agency for undercover operations may be purchased by negotiation rather than by competitive bidding as provided in this section, provided that the negotiated prices are approved by the Director of the Office of Management and Budget and the Controller General.

(d) Except for the Governor’s car, cars rented while on out-of-state business and those cars leased by the Government Support Services, no agency/school district may lease passenger vehicles except from the Government Support Services.

(e) Passenger vehicles may not be transferred from one agency/school district to another agency/school district without the approval of the Director of the Office of Management and Budget.

(f) The procurement of vehicles by the New Castle County Police shall be exempt from the provisions of this section.

(g) The procurement of vehicles by Sussex County shall be exempt from the provisions of this section.
29 Del. C. § 8082 — Delaware Code / Title 29 / Chapter 80 / Subchapter IV / Section 8082
§ Â
        8082. Clean Water Trust oversight.
Status: in_force

(a) To ensure coordination of the management of resources available for Clean Water Trust projects and other programs that impact the quality of the State’s water resources, the Clean Water Trust Oversight Committee (“Committee”) is established and shall serve in an advisory capacity to the Governor and the General Assembly.

(b) The Committee shall be comprised of 7 members to include all of the following:

(1) The Secretary of the Department of Natural Resources who shall serve as its Chair.

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

(3) The Secretary of the Department of Finance.

(4) The Secretary of the Department of Agriculture.

(5) The Secretary of the Department of Transportation.

(6) The Chair and Co-Chair of the Joint Capital Improvement Committee of the Delaware General Assembly.

(c) Members who serve by virtue of their position may designate a designee to serve on the Committee.

(d) The Committee shall be responsible for oversight of the Clean Water Trust account and shall produce and publish an annual report and strategic plan for clean water that shall include all of the following:

(1) An annual report, titled “The Mulrooney Report,” accounting for the sources, benefits, and uses of the Clean Water Trust account and other water quality programs funded with state or federal resources including wastewater, stormwater and drinking water infrastructure and programs for drainage, beach preservation, waterway management, cover crop, the conservation reserve enhancement program, tax ditches and conservation cost-sharing that shall include a list of all funded projects.

(2) An annually updated strategic plan that shall include all of the following:

a. Multi-year water quality goals and progress toward meeting those goals.

b. Challenges facing the achievement of such water quality goals.

c. A prioritized list of proposed projects to attain such goals, including increased accessibility to low-income and traditionally underserved communities.

d. Drinking water testing priorities of the State.

e. Recommendations on minimum funding levels for wastewater and drinking water projects benefitting low-income and traditionally underserved communities through low interest loans and affordability grants.

f. Recommendations on strategies that support low-income consumer affordability.

g. An annual work plan report on the implementation of the strategic plan for the previous fiscal year addressing success indicators, deliverables and milestones.

(e) Prior to the publication of the initial annual report and strategic plan, the Committee shall hold at least 3 publicly noticed meetings in Dover to seek input and allow public comment. Thereafter, the Committee shall hold at least 1 publicly noticed meeting prior to publication of the annual report and annually updated strategic plan. All meetings under this subsection shall comply with § 10004 of this title.

(f) The Committee must submit the annual report and the updated strategic plan identified in subsection (d) of this section to the General Assembly, the Governor, and the Director and the Librarian of the Division of Legislative Services no later than February 1 of each year.

(g) The Water Infrastructure Advisory Council and the conservation districts shall provide outside, technical assistance and advice to the Committee.
29 Del. C. § 9603 — Delaware Code / Title 29 / Chapter 96 / Section 9603
§ Â
        9603. Duties of the Secretary of the Department of Human Resources.
Status: in_force

(a) The duties of the Secretary of the Department of Human Resources under this chapter shall include all of the following:

(1) The placement of all insurance with such carriers as the Committee deems appropriate.

(2) The operation of the self-insurance fund, when and if a self-insurance fund shall be established by the Committee for the operation of a self-insurance program.

(3) Centralized responsibility for the operation of the State employee benefits program vested in a single agency with an adequate staff of legal, actuarial and administrative personnel.

(4) The establishment and operation of an open bid procedure to be maintained for purchasing new employee benefits coverage from carriers and renewing existing contracts with such carriers which will permit the free forces of market competition to operate to the benefit of the state employee benefits coverage programs.

(5) The maintenance in a safe and secure place of all policies with commercial insurers and all records necessary and pertinent thereto.

(6) The maintenance in a safe and secure place of all records, accounts, claims files, statistical studies and other such records and documents necessary and proper in the administration of any self-insured program, when and if the Committee deems it necessary and proper to utilize same.

(7) Prompt notification to insurance carriers or third party administrators of the names and other necessary data related to the employees and pensioners covered by State employee benefits programs and of all changes and additions thereto, and payment of such obligations as are incurred pursuant to this section, including the cost of premium or subscription charges for insurance coverage upon the written request of any State employee or pensioner from the funds appropriated therefore and, in the event such appropriated funds are inadequate, pay such additional sums as may be required from those moneys in the General Fund not otherwise appropriated.

(8) a. Communication to State employees of all State employee benefits coverages, any additions or changes of benefits affecting State employees, and all information communicated under paragraph (a)(8)b. of this section.

b. Communication to eligible pensioners, as defined in § 5201 of this title, of all of the following:

1. All benefits coverages available to eligible pensioners.

2. Any additions or changes in benefits coverages affecting eligible pensioners.

3. Any proposed additions or changes in benefits coverages affecting eligible pensioners.

(9) Authority to act as agent of the State to enter into a contract or contracts with the carrier or carriers for benefits programs for State employees and pensioners.

(10) Prompt notification of the health-care insurance carrier or third party administrator of the names and other necessary data related to the employees and pensioners covered by the State employees’ health insurance program and of all changes and shall pay such obligations as are incurred pursuant to this section, including the cost of premium or subscription charges for health-care insurance coverage upon the written request of any state employee or pensioner from the funds appropriated therefore and, in the event such appropriated funds are inadequate, pay such addition sums as may be required from those moneys in the General Fund not otherwise appropriated.

(b) The Controller General’s Office must provide comprehensive biannual public reports on the work of the Committee to the General Assembly by May 30 and November 30 of each year.
29 Del. C. § 8227 — Delaware Code / Title 29 / Chapter 82 / Section 8227
§ Â
        8227. Remedies.
Status: in_force

(a) The Attorney General, upon request of the Commission or upon the Attorney General’s own motion, may proceed in the name of the State, by injunction, mandamus, quo warrants or other appropriate remedy at law or in equity, to restrain violations of the Commission’s regulations or orders or to enforce obedience thereto.

(b) The State Police, the State Fire Marshal and such other persons or agencies as the Commission by duly adopted resolution shall designate shall have the power to seize, retain, confiscate and impound all evidence, including motor vehicles, used in violation of this Act, and to otherwise enforce this Act.
29 Del. C. § 6301 — Delaware Code / Title 29 / Chapter 63 / Subchapter I / Section 6301
§ Â
        6301. Definitions.
Status: in_force

As used in this chapter:

(1) “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 and/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 and/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, and/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, except the judiciary and the courts of the State.

(2) “Anticipated expenditure” includes any items included in the budget which are estimated or proposed to be expended by any agency at any future time.

(3) “Budget” includes the complete financial plan of the State as evidenced by all appropriations and allowances made and estimates of revenue approved by the General Assembly, including, in addition to the general budget of appropriations adopted by the General Assembly and approved by the Governor, all other appropriations and allowances authorized by law which have been or shall be made to any agency of this State which is supported in whole or in part out of the revenues, taxes, licenses, fees, permits, fines and from other sources including any agency which is empowered by statute to collect and expend revenues by the use of special funds by whatever name known whether or not specifically appropriated by the General Assembly, and includes the budgets and the revenues and expenditures of all agencies to which moneys are appropriated by supplementary appropriations or otherwise.

(4) “Expenditures” includes any outlay of public moneys by authority of any law of this State and includes the expenditure of any appropriation authorized by the General Assembly of the State.

(5) “Grant-in-aid” includes an appropriation of the public money from the General Fund for a public purpose to any county, municipality, corporation, private agency or person.
29 Del. C. § 5956 — Delaware Code / Title 29 / Chapter 59 / Subchapter V / Section 5956
§ Â
        5956. Donated leave program.
Status: in_force

(a) An officer or employee of this State, with the approval of the officer or employee's immediate supervisor or the Director of the Division in which the officer or employee is employed, may donate accrued sick leave and annual leave to a Leave Bank established by the Secretary for all officers or employees of this State or to another officer or employee of this State.

(1) An officer or employee of the State may donate up to 1/2 their yearly accrual of sick leave per year without having to match with annual leave. Nothing in this subsection, however, shall prohibit an officer or employee of the State who donates up to 1/2 of their yearly accrual of sick leave from donating annual leave up to their available balance as of the date of donation.

(2) An officer or employee of the State may donate additional amounts of sick leave in excess of 1/2 their yearly sick leave accrual per year, however, such donations must be matched on a ratio of 2 hours sick leave per 1 hour annual leave.

(b) A person wishing to donate leave time under this section may request the Secretary to debit the donor’s sick leave and annual leave accounts.

(c) Sick leave and annual leave accrued in the Leave Bank or directly donated to an employee may be used by a recipient only for a catastrophic illness of the recipient or of a family member of the recipient. For purposes of this section, the term ‘‘catastrophic illness’’ means an illness or injury to an employee or to a member of an employee’s family which is diagnosed by a physician and certified by the physician as rendering the employee or a member of the employee’s family unable to work, or in the case of a family member who does not work, the medical equivalent of ‘‘unable to work,’’ for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 calendar days or more each, resulting from the same or a related medical condition and occurring within any 12-consecutive-month period, shall be considered the same period of disability. For purposes of this section, ‘‘family member’’ or ‘‘member of an employee’s family’’ means an employee’s spouse, son, daughter or parent who resides with the employee and who requires the personal attendance of the employee during the family member’s catastrophic illness.

(d) The Secretary shall convert the donated leave into cash value at the donor’s rate of pay, shall re-convert the cash value to hours of leave at the recipient’s rate of pay, and shall then credit the recipient’s account.

(e) Before receiving donated leave time under this section, the recipient of the leave time shall:

(1) Have been an officer or employee of this State for at least 6 months before the recipient is eligible for donated leave time;

(2) Have used all of the recipient’s sick days and 1/2 of the recipient’s annual leave; however, when the donated leave time is for the catastrophic illness of a family member, the employee must have used all of the employee’s sick days and annual leave; and

(3) Have established medical justification for such receipt, which must be renewed every 30 days.

(f) An employee who is covered by a collective bargaining agreement may donate leave to, or receive donations of leave from, an employee or officer who is not covered by a collective bargaining agreement.

(g) The Secretary shall have the authority to carry out the mandates of this section.

(h) The agency employing the recipient of a grant of donated leave shall pay all cost of the use of that donated leave. No funds shall be attached to any hours of donated leave.

(i) The State’s liability under this program shall not exceed the number of hours donated by employees.

(j) The provisions of this section related to a direct donation of hours from one officer or employee of this State to another officer or employee shall become effective February 2, 1996. The provisions of this section related to donation of hours to the Leave Bank shall become effective upon the establishment of the Bank or May 2, 1996, whichever occurs first.

(k) Donated leave received by an officer or employee of this State under this section is to run concurrently with any leave available under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
29 Del. C. § 7604 — Delaware Code / Title 29 / Chapter 76 / Section 7604
§ Â
        7604. Required public hearing on applications for block grants.
Status: in_force

(a) The Delaware State Clearinghouse Committee shall be the designated Committee to hold any required public hearing on an application for a block grant from the federal government for the following purposes:

(1) To permit public examination of the projected use and distribution of block grant funds;

(2) To allow affected residents of the State or appropriate units of local government to examine the application and submit comments; and

(3) To obtain views of residents of the State.

(b) The public hearing may, at the Committee’s discretion, be held at the same time the agency’s application for block grant funds is reviewed, approved or disapproved by the Committee. Notice of a public hearing shall be given, in addition to such other methods as the Committee may determine, on the Public Meeting Calendar at least 7 days preceding the date of said public hearing, except where a longer period is expressly provided by applicable law. The notice shall state the date, time, and place, or contain virtual meeting information, of the public hearing and specify the matters to be considered thereat.
29 Del. C. § 8716 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8716
§ Â
        8716. Division of the Public Advocate.
Status: in_force

(a) There is established within the Department of State the Division of the Public Advocate. The Public Advocate shall be a person qualified by training and/or experience to perform the duties of the office. Beginning in the 149th General Assembly, the Public Advocate shall be appointed by the Governor with the advice and consent of the majority of the Senate to serve a term of 4 years at the pleasure of the Governor. The Public Advocate shall be a full-time employee of the State.

(b) No person shall be eligible for appointment to be Public Advocate who owns or controls, in that person’s own name or as a fiduciary, or whose spouse or minor child residing in that person’s household owns or controls any stock, note or debenture in any public utility, or who holds any office or position with any public utility or whose employment or vocation depends directly upon or is under the control of a public utility.

(c) In the event of death, resignation, temporary incapacity or removal of the Public Advocate and prior to the appointment of a successor, the Governor may appoint an Acting Public Advocate. The Acting Public Advocate shall have all the powers and shall perform all the duties and functions of the Public Advocate during such absence or incapacity or until a successor is duly qualified and appointed.

(d) The Public Advocate shall comply with and be held strictly accountable for compliance with the highest standards of Chapter 58 of this title and § 22, Article II of the Delaware Constitution. The Division of the Public Advocate is an agency subject to Chapters 64 and 100 of this title.

(e) The Public Advocate shall have the following powers and duties:

(1) To appear before the Public Service Commission on behalf of the interest of consumers in any matter or proceeding over which the Commission has jurisdiction and in which the Public Advocate deems the interest of consumers requires such participation.

(2) To advocate the lowest reasonable rates for consumers consistent with the maintenance of adequate utility service and consistent with an equitable distribution of rates among all classes of consumers; provided, however that the Public Advocate shall principally advocate on behalf of residential and small commercial consumers and shall not be required to advocate for any class of commercial or industrial consumers that the Public Advocate determines in the Public Advocate’s sole discretion on a case by case basis has the ability to advocate on its own behalf before the Public Service Commission.

(3) a. To appear on behalf of the interest of consumers in the courts of this State, the federal courts and federal administrative and regulatory agencies and commissions in matters involving rates, services, and practices of public utilities.

b. To appear before state regulatory agencies or commissions for the limited purpose of offering public comment when public comment is being received in matters involving rates, services, and practices of public utilities.

(4) To hire, as needed, experts in the utility regulation field, including economists, cost of capital experts, rate design experts, accountants, engineers, attorneys, and other specialists. A budget for compensation and expenses of these experts must be provided annually through the Delaware Public Utility Regulatory Revolving Fund. Nothing in this section may be construed to preclude the Public Advocate from applying to the General Assembly for additional funds in specific instances, including emergencies, and from receiving such additional amounts as the General Assembly determines.

(5) To have the same access to and the same right to inspect any and all books, accounts, records, memoranda, property, plant facilities and equipment of the public utilities as is afforded by law or by rule of the Public Service Commission to any other party in interest.

(6) To have full access to the records of the Public Service Commission.

(7) To call upon the assistance of the staff and experts of the Public Service Commission in the performance of duties.

(8) To appoint, fix the compensations and terms of service and prescribe the duties and powers of such staff as may be necessary for the proper conduct of the work of the Division of the Public Advocate, within the conditions and limitations imposed by the merit system of personnel administration.

(9) Upon request of the Governor, the Secretary of the Department, or the General Assembly, the Public Advocate shall provide guidance on matters relating to energy policy and utility consumers, and shall consider such other matters as may be referred to the Public Advocate or the Division by the Governor, the Secretary of the Department, or the General Assembly. The Public Advocate may study, research, plan and make advisory recommendations to the Governor, the Secretary of the Department, or the General Assembly on matters it deems appropriate to advocate on behalf of public utility consumers.

(f) The Public Service Commission shall notify the Public Advocate of all hearings and meetings of the Commission and shall forward to the Public Advocate copies of all applications submitted by public utilities and all formal complaints and petitions filed with the Commission. No formal action taken by the Commission without proof of the receipt of notice by the Public Advocate shall have any legal effect.

(g) The Public Advocate shall be entitled to be present and be heard at any public meeting of the Public Service Commission.

(h) When the Public Advocate shall determine to intervene in a matter before the Public Service Commission, the Public Advocate shall file a statement to that effect with the Public Service Commission. Thereupon, the Public Advocate shall be deemed a party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs, appeal and do any other act appropriate for a party to the Commission.

(i) The Public Advocate shall make an annual report to the Governor and the General Assembly of the Division’s activities, and shall 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. § 7104 — Delaware Code / Title 29 / Chapter 71 / Section 7104
§ Â
        7104. Penalties.
Status: in_force

(a) Whoever pays any mileage in excess of the rates prescribed in this chapter, for or on behalf of any agency of the State, or files a claim or receives mileage in excess of the rates prescribed in this chapter shall be fined not less than $10 nor more than $100, or upon failure to pay such fine shall be imprisoned not more than 30 days.

(b) In addition to the penalties provided in subsection (a) of this section, any recipient of any allowance for mileage in violation of § 7103 of this title shall be civilly liable to the State in an amount equal to twice the excess allowance received.
29 Del. C. § 10002 — Delaware Code / Title 29 / Chapter 100 / Section 10002
§ Â
        10002. Definitions.
Status: in_force

(a) “Agenda” shall include but is not limited to a general statement of the major issues expected to be discussed at a public meeting, as well as a statement of intent to hold an executive session and the specific ground or grounds therefor under § 10004(b) of this title.

(b) “Anchor location” means the physical location within the geographic jurisdiction of the public body that is open to the public and at which 1 or more members of a public body attend a virtual meeting.

(c) “Caucus” means members of the House of Representatives or Senate, of the same political party, who assemble to discuss matters of public business.

(d) “Disability” means as defined in § 4502 of Title 6.

(e) “Electronic” means as defined in § 12A-102 of Title 6.

(f) “FOIA” means the Freedom of Information Act under this chapter.

(g) “FOIA coordinator” shall mean the person designated by the Cabinet Secretary, school district superintendent, local government head, Chair, or equivalent executive officer of the public body to receive and process FOIA requests.

(h) “FOIA request” or “request” means a request to inspect or copy public records pursuant to § 10003 of this title.

(i) “FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for public records may be made.

(j) “Meeting” means the formal or informal gathering of a quorum of the members of any public body for the purpose of discussing or taking action on public business.

(k) “Public body” means, unless specifically excluded, any regulatory, administrative, advisory, executive, appointive or legislative body of the State, or of any political subdivision of the State, including, but not limited to, any board, bureau, commission, department, agency, committee, ad hoc committee, special committee, temporary committee, advisory board and committee, subcommittee, legislative committee, association, group, panel, council or any other entity or body established by an act of the General Assembly of the State, or established by any body established by the General Assembly of the State, or appointed by any body or public official of the State or otherwise empowered by any state governmental entity, which:

(1) Is supported in whole or in part by any public funds; or

(2) Expends or disburses any public funds, including grants, gifts or other similar disbursals and distributions; or

(3) Is impliedly or specifically charged by any other public official, body, or agency to advise or to make reports, investigations or recommendations.

“Public body” shall not include any caucus of the House of Representatives or Senate of the State. “Public body” shall include any authority created under Chapter 14 of Title 16.

(l) “Public body,” “public record” and “meeting” shall not include activities of the University of Delaware and Delaware State University, except that the Board of Trustees of both universities shall be “public bodies,” university documents relating to the expenditure of public funds shall be “public records,” and each meeting of the full Board of Trustees of either institution shall be a “meeting.” Additionally, any university request for proposal, request for quotation, or other such document soliciting competitive bids for any contract, agreement, capital improvement, capital acquisition or other expenditure proposed to involve any amount or percentage of public funds by or on behalf of the university shall indicate on the request for proposal or other such document that it relates to the expenditure of public funds.

(m) “Public business” means any matter over which the public body has supervision, control, jurisdiction or advisory power.

(n) “Public funds” are those funds derived from the State or any political subdivision of the State.

(o) “Public record” is information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced. For purposes of this chapter, the following records shall not be deemed public:

(1) Any personnel, medical or pupil file, the disclosure of which would constitute an invasion of personal privacy, under this legislation or under any State or federal law as it relates to personal privacy;

(2) Trade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature;

(3) Investigatory files compiled for civil or criminal law-enforcement purposes including pending investigative files, pretrial and presentence investigations and child custody and adoption files where there is no criminal complaint at issue;

(4) Criminal files and criminal records, the disclosure of which would constitute an invasion of personal privacy. Any person may, upon proof of identity, obtain a copy of the person’s personal criminal record. All other criminal records and files are closed to public scrutiny. Agencies holding such criminal records may delete any information, before release, which would disclose the names of witnesses, intelligence personnel and aides or any other information of a privileged and confidential nature;

(5) Intelligence files compiled for law-enforcement purposes, the disclosure of which could constitute an endangerment to the local, state or national welfare and security;

(6) Any records specifically exempted from public disclosure by statute or common law;

(7) Any records which disclose the identity of the contributor of a bona fide and lawful charitable contribution to the public body whenever public anonymity has been requested of the public body with respect to said contribution by the contributor;

(8) Any records involving labor negotiations or collective bargaining;

(9) Any records pertaining to pending or potential litigation which are not records of any court;

(10) Subject to § 10004(f) of this title with respect to release of minutes of executive sessions, any record of discussions held in executive session pursuant to § 10004(b) and (c) of this title;

(11) Any records which disclose the identity or address of any person holding a permit to carry a concealed deadly weapon; provided, however, all records relating to such permits shall be available to all bona fide law-enforcement officers;

(12) Any records of a public library which contain the identity of a user and the books, documents, films, recordings or other property of the library which a patron has used;

(13) Any records in the possession of the Department of Correction where disclosure is sought by an inmate in the Department’s custody;

(14) Investigative files compiled or maintained by the Victims’ Compensation Assistance Program;

(15) Any photographs, video recordings or audio recordings of a postmortem examination in the possession of the Division of Forensic Science;

(16) Emails received or sent by members of the Delaware General Assembly or their staff;

(17) a. The following records, which, if copied or inspected, could jeopardize the security of any structure owned by the State or any of its political subdivisions, or could facilitate the planning of a terrorist attack, or could endanger the life or physical safety of an individual:

1. Response procedures or plans prepared to prevent or respond to emergency situations, the disclosure of which would reveal vulnerability assessments, specific tactics, specific emergency procedures or specific security procedures.

2. Building plans, blueprints, schematic drawings, diagrams, operational manuals or other records of mass transit facilities, bridges, tunnels, emergency response facilities or structures, buildings where hazardous materials are used or stored, arenas, stadiums, waste and water systems, electric transmission lines and substations, high-pressure natural gas pipelines and compressor stations, and telecommunications networks facilities and switching equipment, the disclosure of which would reveal the building’s or structure’s internal layout, specific location, life, safety and support systems, structural elements, surveillance techniques, alarm or security systems or technologies, operational and transportation plans or protocols, or personnel deployments. Records that disclose the substances being used or stored on a given piece of property are public records; however, records which disclose the specific location on that property of the substances being used or stored may be disclosed only if the chief administrative officer of the agency from which the record is requested determines that disclosure will not jeopardize the security of any structure owned by the State or any of its political subdivisions, or will not facilitate the planning of a terrorist attack, or will not endanger the life or physical safety of an individual.

3. Records of any building or structure operated by the State or any of its political subdivisions, the disclosure of which would reveal the building’s or structure’s life, safety and support systems, surveillance techniques, alarm or security systems or technologies, operational and evacuation plans or protocols, or personnel deployments.

4. Records prepared to prevent or respond to emergency situations identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained or regulated by the State or any of its political subdivisions.

5. Those portions of records assembled, prepared or maintained to prevent, mitigate or respond to criminal acts, the public disclosure of which would have a substantial likelihood of threatening public safety. The only items that are protected from disclosure by this paragraph are:

A. Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments or to the response or deployment plans; and

B. Records not subject to public disclosure under federal law that are shared by federal or international agencies and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for criminal acts against United States citizens or targets.

6. Nothing in this subsection shall be deemed to prohibit the disclosure of information necessary to comply with the requirements of Chapter 8 of Title 26, the Underground Utility Damage Prevention and Safety Act.

7. Information technology (IT) infrastructure details, source code, logical and physical design of IT systems and interfaces, detailed hardware and software inventories, network architecture and schematics, vulnerability reports, and any other information that, if disclosed, could jeopardize the security or integrity of an information and technology system owned, operated or maintained by the State or any public body subject to the requirements of this chapter.

b. Nothing in this paragraph shall interfere with the right of any committee of the General Assembly to hear information in the committee at the request of the committee chair or, if appropriate, to hear information in an executive session of the committee, or to subpoena information pursuant to § 705 of this title;

(18) a. Any military service discharge document or documents, a discharge, separation notice, certificate of service, report of transfer or discharge, or any other notice or document which is evidence of severance or transfer from military service and which contains a service record from the armed forces of the United States, or any document that purports to represent a notice of separation from or service in any armed forces of the United States including but not limited to the United States Department of Defense, DD Form 214, of a veteran of the armed forces of the United States, which has been heretofore recorded at a county recorder of deeds. Such document or documents may only be disclosed in accordance with the provisions of paragraph (o)(17)b. of this section.

b. Access to authorized persons. — The following persons are permitted to view or reproduce recorded military service discharge documents:

1. The veteran subject of the discharge;

2. The spouse or child of a veteran, with consent of the veteran;

3. If the veteran is deceased, a survivor or heir of the veteran who may be eligible to claim any type of benefit by virtue of the veteran’s service in the military;

4. A person with a signed and notarized authorization from the veteran;

5. A county, state or federal officer assisting the veteran or veteran’s family with a veteran’s benefit application;

6. Anyone authorized by an order from a Delaware court, to view or copy the document; or

7. Government agencies, including courts, that have an interest in assisting the veteran subject to the military service discharge record or in assisting the beneficiaries of the deceased veteran subject to the military service discharge record in obtaining a benefit.

c. Any document referenced in paragraph (o)(18)a. of this section shall be deemed a public record upon the passage of 70 years from the date of the subject veteran’s separation or discharge from service; or

(19) Any communications between a member of the General Assembly and that General Assembly member’s constituent, or communications by a member of the General Assembly on behalf of that General Assembly member’s constituent, or communications between members of the General Assembly.

(p) “Requesting party” shall mean the person filing the FOIA request.

(q) “State of emergency” means as defined in § 3102 of Title 20.

(r) “Virtual meeting” means a meeting of a public body that 1 or more members attend through the use of an electronic means of communication.
29 Del. C. § 7923 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7923
§ Â
        7923. Assumption of functions of prior agencies.
Status: repealed

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Health, the Board of Trustees of the Delaware Hospital for the Chronically Ill, the Hospital Advisory Council, the Department of Mental Health, the Board of Trustees of the Department of Mental Health, the Department of Public Welfare, the Board of Welfare, the Commission for the Blind [repealed], and the Commission for the Aging immediately prior to June 12, 1970, and which are not otherwise specifically transferred to the Department by this chapter.
29 Del. C. § 1123 — Delaware Code / Title 29 / Chapter 11 / Subchapter II / Section 1123
§ Â
        1123. Free distribution with libraries.
Status: in_force

The Director of the Division of Legislative Services, or the Director’s designee, shall transmit a copy of the Session Laws and a copy of the journal of each House as soon after the books are published as practical to each of the following: The Library of Congress, the Delaware Historical Society, the Wilmington Institute Free Library, and to public law libraries within the State, 2 copies each. No agency except a public law library shall be entitled to receive gratis more than 1 copy of each book from the State, from whatever source received.
29 Del. C. § 4835 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4835
§ Â
        4835. Exclusion or ejection of certain persons from video lottery facilities and Internet lottery games; exclusion of certain persons from participating in sports lottery games.
Status: in_force

(a) The Director shall by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any video lottery agent’s facility and excluded from participating in any capacity in the play of any table game, sports lottery game, video lottery game, or Internet lottery game. Persons shall be placed on the list by order of the Director, predicated upon the filing of a petition by the Division of Gaming Enforcement. Persons shall be placed on the list if a reasonable basis exists for believing that the person’s engagement in the games or presence in the facility is inimical to the interests of this State, or to the operation of a video lottery agent’s facilities, or both. Such provisions shall define the standards for exclusion and shall require the Director and the Division of Gaming Enforcement to consider any:

(1) Prior conviction of a crime which is a felony in this State or under the laws of the United States; or a crime involving moral turpitude; or a violation of the gaming laws of any state;

(2) Violation or conspiracy to violate any of the provisions of § 1471 of Title 11;

(3) The failure to disclose an interest in a video lottery facility for which the person must obtain a license;

(4) Wilful evasion of fees or taxes;

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

(6) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted.

(b) The Director also shall provide by regulation for the establishment of a list of persons who are to be excluded from participating in any capacity in the play of any sports lottery game, whether such sports lottery game is conducted at a video lottery agent’s facility or a sports lottery agent’s facility. The Director may place a person on the list of excluded sports lottery players by an order that shall be predicated upon the completion of an investigation conducted by the Division of Gaming Enforcement and its written report to the Director. Such regulatory provisions shall define the standards for exclusion from participation in any sports lottery games and shall require the Director to consider 1 or more of the following factors:

(1) Prior conviction of a crime that is related to sports betting in any jurisdiction.

(2) Anything that, in the opinion of the Director, would denigrate or undermine the integrity or overall soundness, financial stability, or reputation of the lottery, which may include a person’s reputation, habits, and associations that may pose a threat to the public interest of the State or the reputation or effective control of the lottery.

(c) (1) The Director may issue an emergency order to exclude any person from participating in any capacity in the play of any sports lottery game if the Director finds that the person poses an immediate threat that would denigrate or undermine the integrity or overall soundness, financial stability, or reputation of the lottery, which may include a person’s reputation, habits, and associations that may pose a threat to the public interest of the State or the reputation or effective control of the lottery.

(2) An emergency order shall set forth the grounds upon which it is issued and shall be effective immediately upon issuance and shall remain in effect until further order of the Director. In addition, an emergency order to exclude a person from participating in any capacity in the play of any sports lottery game shall be served upon the excluded sports lottery player within 7 calendar days of issuance. After the Division of Gaming Enforcement completes an investigation and report to the Director that confirms the excluded sports lottery player meets the criteria of this subsection or that the excluded sports lottery player does not meet the criteria of this subsection, the Director shall issue a further order regarding the excluded sports lottery player, which order may finalize the decision to exclude the sports lottery player or reverse the decision to exclude the sports lottery player.

(d) In considering placement on the exclusion list, it shall be improper to discriminate on any basis prohibited by § 711(b) of Title 19.

(e) Whenever the name and description of any person is placed on a list pursuant to this section, the Director shall serve notice of such fact to such person:

(1) By personal service;

(2) By certified mail to the last known address of such person; or

(3) By publication daily for 1 week in 1 of the principal newspapers published in the city of Dover and in 1 of the principal newspapers published in the city of Wilmington, Delaware.

(f) Within 30 days after service by mail or in person or 60 days after the last publication, the person named may demand a hearing before the Lottery Commission and show cause why that person’s name should be taken from such a list. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects that person’s right to petition for judicial review.

(g) Upon receipt of a demand for hearing, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the Division of Gaming Enforcement, the Director, and the person demanding the hearing. At the hearing, the Division of Gaming Enforcement, or the Director, whichever initiated the placement of the person on the exclusion list or the list of excluded sports lottery players, shall have the affirmative obligation to establish a reasonable basis that the person named for exclusion satisfies the criteria for exclusion established by this section and any regulations hereunder.

(h) If, upon completion of the hearing, the Lottery Commission determines that:

(1) The Division of Gaming Enforcement or the Director has not met the burden of proof, an order shall be entered requiring that the person’s name be removed from the list of excluded persons or the list of excluded sports lottery players and requiring the Director to so notify all video lottery agents of the person’s removal from the list.

(2) Placing the person on the exclusion list or the excluded sports lottery players list was proper, an order shall be entered to that effect, and the Lottery Commission shall serve a copy of that order on the person so named pursuant to subsection (e) of this section, as well as all video lottery agents. This order is subject to review in the Superior Court, which shall have exclusive jurisdiction over appeals of exclusion listings from the Lottery Commission.

(i) Nothing contained in this section shall:

(1) Affect the common law right of a video lottery agent, as an owner or lessor of property, from excluding or ejecting any person from its property for any reason that is not unlawful or excluding any person from participation in Internet lottery games for any reason that is not unlawful; or

(2) Be applicable to any action undertaken by a video lottery agent in the exercise of such right.
29 Del. C. § 8216 — Delaware Code / Title 29 / Chapter 82 / Section 8216
§ Â
        8216. Appeals.
Status: in_force

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any functions hereby transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is hereby transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 5618 — Delaware Code / Title 29 / Chapter 56 / Section 5618
§ Â
        5618. Employer pickup of employee contributions.
Status: in_force

(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members under § 5601 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member’s compensation.

(b) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member’s compensation equal to the amount of the member’s contributions picked up by the employer. This deduction, however, shall not reduce the member’s compensation for purposes of computing benefits under the retirement system pursuant to this chapter.

(c) Member contributions shall be credited to a separate account within the member’s individual account so that the amount contributed prior to the effective date for the pickup of member contributions may be distinguished from the amounts contributed on or after the effective date.

(d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
29 Del. C. § 5610 — Delaware Code / Title 29 / Chapter 56 / Section 5610
§ Â
        5610. Assignment of retired state judicial officers to active duty.
Status: in_force

(a) (1) Any judge retired from a statutorily created court and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court to perform such judicial duties in any court where such retired judge could serve if such retired judge still held the judicial position from which the judge retired; provided, however, that such retired judge assents to such designation and provided further that such retired judge is not actively engaged in the practice of law.

(2) Any justice, judge, chancellor or vice chancellor who is retired and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court pursuant to a constitutional or statutory authority to sit temporarily in the court from which the justice, judge, chancellor or vice chancellor retired or in any other court to which the justice, judge, chancellor or vice chancellor could be designated under the Constitution and statutes of this State if the justice, judge, chancellor or vice chancellor still held the judicial position from which the justice, judge, chancellor or vice chancellor retired and if the retired justice, judge, chancellor or vice chancellor assents to such designation, and is not actively engaged in the practice of law. However, no former justice, judge, chancellor or vice chancellor shall be designated to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum.

(b) Any retired justice, judge, chancellor or vice chancellor accepting an active duty designation pursuant to the constitutional or statutory authorization shall be compensated on a per diem basis on the formula representing 1/365 of the annual salary for such a retired justice, judge, chancellor or vice chancellor, but in no event shall the total compensation received on a per diem basis when added to the retirement pay exceed the then current annual salary of the judicial position from which such justice, judge, chancellor or vice chancellor has retired. In addition, each retired justice, judge, chancellor or vice chancellor so serving shall receive reimbursement for expenses for travel or secretarial services necessarily incurred for the performance of such active duty.

(c) A Justice of the Peace or Commissioner who is retired and receiving a judicial pension can be designated to serve temporarily as provided under the following:

(1) Section 9211 of Title 10, for a Justice of the Peace.

(2) Section 513 of Title 10, for a Superior Court Commissioner.

(3) Section 916 of Title 10, for a Family Court Commissioner.

(4) Section 1316A of Title 10, for a Court of Common Pleas Commissioner.
29 Del. C. § 7932 — Delaware Code / Title 29 / Chapter 79 / Subchapter II / Section 7932
§ Â
        7932. Establishment of a program.
Status: in_force

The State Department of Health and Social Services, hereafter referred to as the Department, shall establish a program for the care and treatment of persons suffering from chronic renal diseases. This program shall assist persons suffering from chronic renal diseases who require lifesaving care and treatment but who are unable to pay for such services on a continuing basis.
29 Del. C. § 7997 — Delaware Code / Title 29 / Chapter 79 / Subchapter X / Section 7997
§ Â
        7997. Office of Financial Empowerment.
Status: in_force

(a) The Office of Financial Empowerment is hereby established within the Office of the Secretary, Department of Health and Social Services.

(b) As used in this section:

(1) “Office” means the Office of Financial Empowerment.

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

(c) The Office is established to address financial literacy and empowerment issues for the following purposes:

(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding financial literacy and empowerment and provide personal financial coaching to economically vulnerable Delawareans.

(2) To assist the Secretary in identifying, coordinating and establishing priorities for programs, services, and resources the State should provide for financial literacy and personal financial empowerment.

(3) To serve as a resource to a broad variety of organizations in Delaware, including state agencies, employers, educational institutions, and nonprofits, for information and services regarding financial literacy and empowerment.

(4) To provide relevant research information on economic security and financial empowerment and data conducted or compiled by Delaware Health and Social Services and other entities in collaboration with the Department.

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

(6) To prepare materials for publication and dissemination to the public on financial literacy and empowerment.

(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about financial literacy and empowerment.

(8) To coordinate the activities and programs of the Office with other entities that focus on financial literacy and empowerment, including other state agencies.

(d) The structure of the Office of Financial Empowerment will be determined by the Secretary, and such other employees as shall be determined by the Secretary.
29 Del. C. § 4807A — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4807A
§ Â
        4807A. Fingerprinting procedure required.
Status: in_force

(a) Any person seeking a license from the State Lottery Office shall be required to submit fingerprints and other necessary information in order to obtain the following:

(1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person; and

(2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The Division of Gaming Enforcement shall be the intermediary for the purposes of this section and the State Lottery Office shall be the screening point for the receipt of said federal criminal history records.

(b) All information obtained pursuant to subsection (a) of this section shall be forwarded to the Division of Gaming Enforcement, which shall access the information and make a recommendation to the Director of suitability for licensure. The person seeking licensure shall be provided with a copy of all information forwarded to the State Lottery Office pursuant to this subsection. Information obtained under this subsection is confidential and may only be disclosed to the Director and Deputy Director of the State Lottery Office. The State Bureau of Identification may release any subsequent criminal history to the Division of Gaming Enforcement.

(c) Costs associated with obtaining criminal history information shall be paid by the person seeking licensure.

(d) A person seeking licensure shall have an opportunity to respond to the State Lottery Office regarding any information obtained pursuant to subsection (b) of this section prior to a determination of suitability for licensure. The grounds upon which a person seeking licensure may be denied consideration for a license include, but are not limited to:

(1) A conviction of a felony in this State or any other jurisdiction; or

(2) A conviction of any crime involving gambling or a crime of moral turpitude within 10 years prior to applying for a license or at any time subsequent to the granting of a license.

(e) Upon making its determination of suitability for licensure, the State Lottery Office shall forward the determination to the person seeking a license.

(f) Any person seeking a license with the State Lottery Office who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check; provided, however, that the person submits:

(1) the results of such previous criminal background check, including any previous federal criminal background check; and

(2) a reference from the person’s most recent employer, if any, covering the previous 12 months.

(g) The State Lottery Office shall, in the manner provided by law, promulgate regulations necessary to implement this subchapter. These regulations shall include, but are not limited to:

(1) Establishment, in conjunction with the State Bureau of Identification, of a procedure for fingerprinting persons seeking licensure with the State Lottery Office and providing the reports obtained pursuant to subsection (a) of this section;

(2) Establishment of a procedure to provide confidentiality of information obtained pursuant to subsection (a) of this section and of the determination of suitability for licensure.
29 Del. C. § 9204 — Delaware Code / Title 29 / Chapter 92 / Subchapter II / Section 9204
§ Â
        9204. Pre-application review process.
Status: in_force

(a) Pre-application reviews shall be conducted and concluded, unless otherwise provided for herein, prior to the formal submission of any document required by the first step under any local jurisdiction’s land use review regulation, including, but not limited to, a “preliminary” or “sketch” subdivision or site plan, or a written request for a re-zoning, conditional use, or annexation by an applicant to the local jurisdiction. The applicant may elect to initiate the pre-application review process simultaneously with the formal submission or application to any local jurisdiction with an approved Memorandum of Understanding as provided for in § 9205(c) of this title. The applicant is responsible for complying with any and all local regulations and is strongly encouraged to meet with local officials prior to initiating the pre-application review process. The applicant shall be responsible for requesting a pre-application review under this chapter.

(b) The Office of State Planning Coordination shall develop an application and procedures for review and shall be responsible for scheduling and coordinating all pre-application review meetings. Meeting dates shall be designated for 1 or more days certain each month and held in accordance with procedures outlined by the Office of State Planning Coordination. Projects shall be heard at a pre-application meeting within 45 calendar days of receipt of a request by the Office of State Planning Coordination. The Office of State Planning Coordination shall give public notice of all pre-application review meetings by following the requirements of § 10004(e) of this title.

(c) Within 20 business days following the date of the pre-application meeting with the applicant, the Office of State Planning Coordination shall furnish to the applicant and the local jurisdiction a written compilation of all comments received at the meeting. Failure of Office of State Planning Coordination to meet the 20-business-day requirement will result in the State forfeiting the opportunity to comment on the local land use planning action. The length of review may be extended by mutual consent of the Office of State Planning Coordination and the applicant. The local jurisdiction shall be notified immediately of any mutually acceptable delays.

(d) Following the pre-application review process and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process, noting whether comments were incorporated into the project design or not and the reason therefore.
29 Del. C. § 421 — Delaware Code / Title 29 / Chapter 4 / Subchapter II / Section 421
§ Â
        421. Duties.
Status: in_force

The Director of the Office of Management and Budget shall have general charge of the State House and administration buildings and shall see that they are properly cared for. The Director of the Office of Management and Budget shall assign all rooms in the State House and administration buildings for such uses and purposes as the Director may designate.
29 Del. C. § 8501 — Delaware Code / Title 29 / Chapter 85 / Section 8501
§ Â
        8501. Establishment of Department of Labor.
Status: repealed

A Department of Labor is established, and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter, 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 Labor and Industrial Relations pursuant to Chapters 1 and 13 of Title 19, except as provided in § 8513 of this title;

(2) The Delaware State Development Department pursuant to subsection (b) of § 8632 [repealed] of this title, only;

(3) The Employment Security Commission of Delaware pursuant to Chapters 31 and 33 of Title 19, not otherwise specifically assigned to an office, division or board in the Department.
29 Del. C. § 4604 — Delaware Code / Title 29 / Chapter 46 / Section 4604
§ Â
        4604. Representation of indigent persons.
Status: in_force

When representing an indigent person, the Office of Defense Services shall do all of the following:

(1) Counsel and defend the indigent person, whether held in custody without commitment or charged with a criminal offense, at every stage of the proceedings following arrest.

(2) Prosecute any appeals or other remedies before or after conviction that the Chief Defender considers to be in the interest of justice or as authorized by statute.
29 Del. C. § 10201 — Delaware Code / Title 29 / Chapter 102 / Section 10201
§ Â
        10201. Definitions.
Status: in_force

As used in this chapter:

(1) “Committee” means the Joint Legislative Oversight and Sunset Committee established by this chapter.

(2) “Committee staff” means the employees of the Division of Legislative Services who are assigned to support the Committee.

(3) “Entity” means a regulatory, administrative, advisory, executive, or legislative body of this State, including a board, bureau, commission, department, division, committee, council, association, authority, or organized body established by an act of the General Assembly of this State that meets any of the following:

a. Is given authority in the Delaware Code to regulate a business, occupation, or profession.

b. Is supported in whole or in part by public funds.

c. Expends or disburses public funds.

d. Is specifically charged by a public body to advise or make recommendations.

(4) “Focused review” means a specialized assessment of an entity, conducted under § 10212 of this title.

(5) “Full review” means a formal assessment of the entirety of an entity, conducted under § 10211 of this title. “Full review” does not include a focused review.

(6) “Highest administrative officer” means an official who is appointed by the Governor as a member of the Governor’s cabinet.

(7) “Performance evaluation” means the review mechanism under this chapter that is an assessment of an entity’s performance and function.

(8) “Self-report” means the report under § 10207 of this title.

(9) “Under review” means undergoing a process implemented under this chapter.
29 Del. C. § 2714 — Delaware Code / Title 29 / Chapter 27 / Section 2714
§ Â
        2714. Functions prior to January 7, 1975.
Status: repealed

The State Treasurer shall have the power to perform and shall be responsible for the powers, duties and functions vested by Chapter 62 [repealed] and Chapter 74 of this title in the Secretary of Finance immediately prior to January 7, 1975, and which are not otherwise hereinbefore specifically transferred to the State Treasurer.
29 Del. C. § 4331 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4331
§ Â
        4331. Stamping device of a notary public.
Status: in_force

(a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act.

(b) On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.

(c) On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.

(d) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall promptly notify the Secretary of State on discovering that the device is lost or stolen.
29 Del. C. § 5060 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5060
§ Â
        5060. Negotiability of bonds [Transferred].
Status: in_force

Transferred to § 8760A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5602 — Delaware Code / Title 29 / Chapter 56 / Section 5602
§ Â
        5602. Closed plan â Requirements for pension benefits; benefits to surviving widow or widower.
Status: repealed

(a) Each member covered by the closed plan shall, upon the member’s involuntary retirement from the state judiciary after serving at least 12 years as a judge, including all years of judicial service in Delaware of the retiring judge both prior and subsequent to the member becoming a member of the state judiciary and both prior and subsequent to the member filing a declaration of acceptance of the provisions of this chapter in accordance with § 5605 of this title, receive an annual pension from the State, payable to the member in equal monthly installments, commencing when the member has attained the age of 65 years, or commencing upon involuntary retirement in case the member has reached the age of 65 years prior to such retirement, and continuing during the remainder of the member’s lifetime.

(b) Each member covered by the closed plan shall, upon the member’s retirement from the state judiciary, whether voluntary or involuntary, after serving at least 24 years as a judge or who is involuntarily retired after having served 22 years as a judge, including all years of judicial service in Delaware of the retiring judge both prior and subsequent to the member becoming a member of the state judiciary and both prior and subsequent to the member filing a declaration of acceptance of this chapter in accordance with § 5605 of this title, or after having reached the age of 65 years and having served at least 12 years as a judge, receive an annual pension from the State, payable to the member in equal monthly installments, commencing upon the date of retirement and continuing during the remainder of the member’s lifetime.

(c) If a member of the state judiciary shall develop a permanent physical or mental disability, while in office, the member shall, from and after the ascertainment of such disability in the manner hereafter set forth, receive an annual pension from the State, payable in equal monthly installments during the remainder of the member’s lifetime. A member of the state judiciary may be deemed to have a permanent physical or mental disability and unable to perform the duties of the member’s office after the Board of Pension Trustees have considered a certificate to that effect signed by the Chief Justice of the Supreme Court or, if the Chief Justice shall be the subject of such certificate, by the senior Justice of the Supreme Court and by 3 persons duly licensed to practice medicine or surgery in this State and who have been actively engaged in such practice in this State for at least 10 years immediately preceding the signing of such certificate; said 3 persons to be previously designated by the Trustees.

(d) Whenever a member covered by the closed plan shall die while in office or shall die after retirement on a pension payable under this chapter or shall die during a period of involuntary retirement after having served at least 12 years as a judge but before having reached the age of 65, an annual pension shall be paid in the following contingencies:

(1) If such judge is survived by a widow or widower but not by a dependent child, there shall be paid to such widow or widower an annual pension as long as the widow or widower lives and remains unmarried; or

(2) If such judge is survived by a widow or widower and a dependent child or children, there shall be paid to such widow or widower an annual pension as long as the widow or widower lives and remains unmarried, but if the widow or widower should die or remarry before the last of the said dependent children shall become independent as provided in this section or shall die, whichever first occurs, the said annual pension which would have been payable to the widow or widower but for the widow’s or widower’s death or remarriage shall be divided into as many shares as there are dependent children then surviving and a said share shall be paid to or on behalf of each child annually until the child becomes independent or dies, whichever first occurs; or

(3) If such judge leaves no surviving widow or widower but leaves a surviving dependent child or children, the annual pension which would otherwise be paid to a surviving widow or widower shall be divided into as many shares as there are dependent children then surviving, and a said share shall be paid to or on behalf of each child annually until the said child becomes independent or dies, whichever first occurs.

As used in this section, the term “dependent child” means an unmarried child, including stepchild or an adopted child, who is under the age of 18 years.

(e) For the purpose of computing service under this chapter, a judge shall be deemed to commence serving as a judge on the date the judge’s commission is issued by the Governor.

(f) [Repealed.]
29 Del. C. § 8736A — Delaware Code / Title 29 / Chapter 87A / Subchapter III / Section 8736A
§ Â
        8736A. Duties.
Status: in_force

In carrying out this Program, to promote technology development and utilization within the small business sector, the duties of the Division shall include but not be limited to:

(1) Promote the SBIR and STTR Programs among Delaware small businesses.

(2) Seek technical assistance for small businesses to participate more effectively in the federal SBIR and STTR Programs.

(3) Coordinate efforts with small business, institutions of higher education, financial institutions and government to affect timely development and utilization of new development of technology.

(4) Administer state matching funds in association with the Delaware Technical Innovation Program for the federal SBIR and STTR Programs to provide state matching funds to compensate for the lag between federal Phase I and Phase II awards under the SBIR and STTR Programs.

(5) Coordinate efforts within the business sector to commercialize innovative products and processes developed by small businesses.

(6) Assist small businesses that are engaged in technology development and utilization in obtaining private sector financing.

(7) Develop job training programs to meet specific needs for small business.

(8) Review and recommend ways of streamlining relevant state regulations to expedite the development of innovative products and processes.
29 Del. C. § 318 — Delaware Code / Title 29 / Chapter 3 / Section 318
§ Â
        318. State nickname.
Status: in_force

The official nickname of the State is “The First State.”
29 Del. C. § 6307A — Delaware Code / Title 29 / Chapter 63A / Section 6307A
§ Â
        6307A. Facilities management [For applicability of this section, see 81 Del. Laws, c. 267, Â 3].
Status: in_force

(a) The Facilities Management Section of the Office of Management and Budget is hereby established having powers, duties and functions as follows:

(1) Advise the Director of the Office of Management and Budget on the allocation of existing space in facilities owned or leased by the State among state agencies, boards and commissions;

(2) Advise the Director of the Office of Management and Budget on any need to acquire additional facilities for any state agency, board or commission;

(3) Provide facility maintenance programs, including but not limited to building maintenance, grounds maintenance, security and custodial services.

(b) The Facilities Management Section shall review all building design, construction, and operations for state agencies, including school districts. The purpose of this review is to:

(1) Establish and apply evaluation factors and performance specifications for structural and mechanical functions;

(2) Research and analyze design and construction factors as they relate to economical construction and reliability and maintenance performance;

(3) Advise, recommend and refer to the Governor matters dealing with state building design and construction practice;

(4) Review bidding procedures and study and make recommendations dealing with bid laws;

(5) Make such studies and provide such information as shall cause the selection of the best cost/performance components that will satisfy a particular function;

(6) Review and make recommendations regarding the operation, maintenance and efficiency of the physical plant of state facilities; and

(7) Coordinate a review of construction plans by the Department of Safety and Homeland Security to evaluate the safety and security of newly constructed and renovated schools through the application of Crime Prevention Through Environmental Design (CPTED) principles and to verify compliance with the requirements of § 2306 of Title 14. For a school undergoing a “major renovation,” as defined in § 2306 of Title 14, the Facilities Management Section shall coordinate the review required in this paragraph before a certificate of necessity is submitted under § 7510 of this title.

(c) The Facilities Management Section shall be responsible for the performance of all the powers, duties and functions vested in the Office of Management and Budget pursuant to Chapter 4 of this title.

(d) The Facilities Management Section shall be responsible for the design, construction, repairs, and/or renovation of all public buildings for state departments and agencies. In performance of these duties, the Office of Management and Budget shall, in the following areas, consult with the agency for which the project is being or will be completed: pre-design services, architectural plans and preliminary cost estimates, selection and negotiation of professional services, approval of minor capital improvement projects to be bid upon and awarded, approval of final architectural and engineering drawings for major capital projects and approval of change orders greater than or equal to 2 percent of a project cost. For the purpose of this subsection, state departments and agencies shall not include school districts and institutions of higher learning.

(e) The Facilities Management Section shall:

(1) Be the only state agency authorized to rent parking space in the underground facilities located at the Carvel State Building;

(2) At the discretion of the Administrator, approve all proposed contracts for architectural, engineering and construction management services and all architectural, structural and electrical plans, specifications and cost estimates for public building projects to be undertaken by all state departments and agencies. All projects planned, designed, maintained and/or constructed by the Department of Transportation, with the exception of projects for the construction of public buildings, are specifically exempted from the requirements of this subsection;

(3) Negotiate, review and approve all leases and lease renewals on behalf of all state departments and agencies for facilities throughout the State;

(4) Establish statewide policies and standards for all leases including: space allocation, energy efficiency, maintenance, security and custodial services;

(5) Develop an inventory of all state leases and space available in all state facilities; and

(6) Develop a long-term plan to coordinate the State’s leasing practices with a comprehensive plan of facilities management and space allocation.

(f) The Facilities Management Administrator shall assume such other powers, duties, and functions as the Director of the Office of Management and Budget may assign which are not otherwise inconsistent with the laws of this State.

(g) For purposes of this section, the terms “state agency” or “state departments or agencies” shall not include institutions of higher education unless otherwise expressly provided.
29 Del. C. § 9011C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9011C
§ Â
        9011C. State information security requirements
Status: in_force

The Department of Technology and Information shall have the power to:

(1) Develop and implement a comprehensive information security program that applies personnel, process, and technology controls to protect the State’s data, systems, and infrastructure, within the State’s computing environment and on partner systems. All systems that connect to the State network shall comply with the State Information Security Program;

(2) Identify and address information security risks to each state agency, to third-party providers, and to key supply chain partners, including an assessment of the extent to which information resources, processes, or technologies are vulnerable to unauthorized access or harm, including the extent to which the entity’s electronically stored information is vulnerable to unauthorized access, use, disclosure, disruption, modification, or destruction, and direct risk mitigation strategies, methods, and procedures to reduce those risks;

(3) Establish a central Security Operations Center (SOC) to direct statewide cyber defense and cyber threat mitigation. The SOC responsibilities shall include generating, collecting and analyzing security activity information to effectively identify and respond to cyber-attacks against the State;

(4) Implement technical compliance to state-owned technology as required by law. The Department may also implement technical compliance to state-owned technology that is recommended by private industry standards. The Department shall have the full cooperation of state agencies in identifying compliance requirements or industry standards; and

(5) Temporarily disrupt the exposure of an information system or information technology infrastructure that is owned, leased, outsourced, or shared by one or more state agencies in order to isolate the source of, or stop the spread of, an information security breach or other similar information security incident.
29 Del. C. § 3908 — Delaware Code / Title 29 / Chapter 39 / Section 3908
§ Â
        3908. Informal titles of Committees and Commission.
Status: in_force

The Committees and the Commission established by this chapter shall be informally known, respectively, as the Senate Cooperation Committee, the House Cooperation Committee, the Governor’s Cooperation Committee and the Delaware Cooperation Commission.
29 Del. C. § 8230 — Delaware Code / Title 29 / Chapter 82 / Section 8230
§ Â
        8230. Exemption from liability.
Status: in_force

(a) Notwithstanding any provision of law to the contrary, no individual, partnership, emergency response team, corporation, industrial response team, association or other entity shall be liable in civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, assistance or advice at the request of any emergency service agency with respect to an incident creating a danger to person, property or the environment as a result of spillage, seepage, fire, explosion or other discharge or release of oil, gasoline, diesel fuel or hazardous materials, or the possibility thereof.

(b) This section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, wilful or wanton misconduct shall constitute gross negligence.

(c) For purposes of this section, hazardous materials shall include:

(1) Materials designated as hazardous by any governmental agency; and

(2) Materials where the discharge or release of same, or the possibility of such discharge or release, creates a hazard to person, property, or the environment.
29 Del. C. § 6913 — Delaware Code / Title 29 / Chapter 69 / Subchapter II / Section 6913
§ Â
        6913. Contracting and purchasing advisory council.
Status: in_force

(a) There is established a Contracting and Purchasing Advisory Council to consist of all covered agency heads or their designee and 1 additional member representing all public school districts. The Section director shall be a nonvoting member of the Council.

(b) The Director of the Office shall be the Council Chair.

(c) The purpose of the Council is to advise as to the effectiveness of and make recommendations for changes to the State’s procurement laws, policies and practices to the Director of the Office and the Section director.

(d) The Council shall be responsible for:

(1) Recommending procurement policy and administrative procedures to the Director. The Director shall elicit the Council’s comments before issuing policy statements, policy changes, administrative procedures or administrative changes regarding this chapter;

(2) Reporting annually to the Governor by December 31 of each year concerning the effectiveness of the State’s procurement processes. This report shall include recommended changes to the State’s procurement laws as may be necessary to improve the State’s overall effectiveness;

(3) Reviewing vendor concerns regarding the overall procurement process and recommending appropriate action relating to these concerns; and

(4) Setting the dollar amount thresholds required in this chapter. When setting these dollar amount thresholds, the Council shall take into consideration operational issues and inflation. Nothing in this subsection shall affect the amounts set in § 6960 of this title.

(e) A Contracting and Purchasing Committee shall also be established. The Section director shall appoint representatives to the Committee, with the approval of the Council. The Section director shall chair the Committee. The Committee shall staff the Council, monitor the effectiveness of the State’s procurement process, recommend changes to the procurement process, policies and procedures and any other duties deemed necessary by the Council.
29 Del. C. § 6988 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6988
§ Â
        6988. Purchases using federal contracts.
Status: in_force

The Section may, with written approval by the Section director or the Section director’s designee, enter into negotiations with various manufacturers or distributors and award contracts which will enable agencies and local governments to purchase professional services at prices approved by the General Services Administration of the United States government or its successor.
29 Del. C. § 5116 — Delaware Code / Title 29 / Chapter 51 / Section 5116
§ Â
        5116. Leave of absence upon adoption of child.
Status: in_force

(a) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section is entitled to 6 weeks unpaid leave upon the adoption of a minor child who is over 6 years of age. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation leave nor sick leave shall be accumulated during such leave of absence without pay under this section.

(b) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section shall be entitled to utilize accumulated sick leave to travel out of the United States for the purpose of adopting a child from a foreign country. Before leave shall be granted the employee must provide documentation that they have applied for the adoption and that the travel is required for the adoption to be approved. Once the adoption has been approved the employee’s leave will be pursuant to the Family and Medical Leave Act, [29 U.S.C. § 2601 et seq.]. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation nor sick leave shall be accumulated during such leave of absence, either with or without pay, under this subsection.

(c) The State Personnel Commission is empowered to adopt appropriate rules and regulations to implement this section.