29 Del. C. § 8813 — Delaware Code / Title 29 / Chapter 88 / Subchapter II / Section 8813
§ Â
        8813. Authority [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

The Commission is authorized to develop and promulgate bylaws and rules necessary to its functions.
29 Del. C. § 7103 — Delaware Code / Title 29 / Chapter 71 / Section 7103
§ Â
        7103. Claims for mileage.
Status: in_force

(a) Before any allowance for mileage shall be paid to any claimant therefor, the claimant shall set forth an itemized statement showing the number of miles traveled during the period for which such claim is filed. The total number of miles set forth in such claim shall be the total miles actually traveled in and about the business of the State, or of any agency of the State.

(b) No claim for mileage shall be allowed any employee of this State, its agencies and departments for miles traveled between the employee’s place of residence or abode and the employee’s principal place of employment by this State.

(c) The prohibition of subsection (b) of this section shall extend to all officers of the State excluding members of boards or commissions, any other provisions of the law to the contrary notwithstanding.
29 Del. C. § 845 — Delaware Code / Title 29 / Chapter 8 / Subchapter IV / Section 845
§ Â
        845. House district descriptions.
Status: in_force

In the descriptions of the various House of Representatives 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. § 7911 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7911
§ Â
        7911. Division of Social Services.
Status: in_force

The Division of Social Services is established having the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant to Chapter 1, subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31.
29 Del. C. § 10603 — Delaware Code / Title 29 / Chapter 106 / Section 10603
§ Â
        10603. Communication assistance reports [For application of this section, see 84 Del. Laws, c. 454, Â 2][Expires Sept. 30, 2026, pursuant to 84 Del. Laws, c. 454, Â 4].
Status: in_force

(a) An entity or program identified under § 10604 of this title shall submit an annual report that includes all of the following information:

(1) The steps taken by the program to comply with federal and Delaware state law and regulation to provide meaningful access to individuals with LEP and effective communication for individuals with disabilities.

(2) The types of translation or interpretation services or tools used by the program.

(3) Estimate of the program expenses associated with compliance with federal and Delaware state law and regulation to provide meaningful access to individuals with LEP and effective communication for individuals with disabilities.

(4) Estimate of the number of individuals with LEP served by the program.

(5) Estimate of the number of individuals with disabilities served by the program.

(6) How the availability of free language assistance and auxiliary aids are communicated to the public.

(7) Description of staff training and frequency of training on working with individuals with LEP or disabilities.

(8) Copy of any report submitted to a federal agency within the previous year that contains information about a program’s compliance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.

(9) Additional resources, if any, needed to improve program access for individuals with LEP or disabilities.

(b) The report must be submitted to the General assembly by December 1 of each year. If the deadline falls on a weekend or Delaware state holiday, then the report is due by the State’s next following business day.

(c) For the purposes of submitting a report under this section to the General Assembly, the reports must be submitted to the Secretary of the Senate, the Chief Clerk of the House, and the Director and Legislative Librarian of the Division of Legislative Services.
29 Del. C. § 5707 — Delaware Code / Title 29 / Chapter 57 / Section 5707
§ Â
        5707. Contribution Fund.
Status: in_force

(a) There is established a special fund to be known as the Contribution Fund. Such Fund shall consist of and there shall be deposited in such Fund:

(1) All contributions, interest and penalties collected under §§ 5705 and 5706 of this title;

(2) All moneys appropriated thereto under this chapter;

(3) Any property or securities and earnings thereof acquired through the use of the moneys belonging to the Fund;

(4) Interest earned upon any moneys in the Fund; and

(5) All sums recovered upon the bond of the custodian or otherwise for losses sustained by the Fund and all other moneys received for the Fund from any other source.

All moneys in the Fund shall be mingled and undivided. Subject to this chapter, the State Agency is vested with full power, authority and jurisdiction over the Fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated which are necessary to the administration thereof and are consistent with this chapter.

(b) The Contribution Fund shall be established and held separate and apart from any other funds or moneys of the State and shall be used and administered exclusively for the purpose of this chapter. Withdrawals from such Fund shall be made solely for:

(1) Payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under § 5703 of this title;

(2) Payment of refunds provided for in subsection (c) of § 5705 of this title; and

(3) Refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.

(c) From the Contribution Fund the custodian of the Fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the State Agency in accordance with any agreement entered into under § 5703 of this title and the Social Security Act.

(d) The State Treasurer shall be ex officio treasurer and custodian of the Contribution Fund and shall administer such Fund in accordance with this chapter and the directions of the State Agency and shall pay all warrants drawn upon it in accordance with this section and with such regulations as the State Agency may prescribe pursuant thereto.

(e) (1) There are hereby authorized to be appropriated annually to the Contribution Fund, in addition to the contributions collected and paid into the Contribution Fund under §§ 5705 and 5706 of this title, to be available for the purposes of subsections (b) and (c) of this section until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under § 5703 of this title.

(2) The State Agency shall submit to each regular session of the General Assembly, at least 90 days in advance of the beginning of such session, an estimate of the amounts authorized to be appropriated to the Contribution Fund by paragraph (e)(1) of this section for the next appropriation period.
29 Del. C. § 7002 — Delaware Code / Title 29 / Chapter 70 / Section 7002
§ Â
        7002. Disposal of state-owned property.
Status: repealed

(a) (1) All equipment, supplies, and materiel purchased in whole or in part with state-appropriated funds are assets of this State and are not assets of the agency which holds or uses the materiel, except as provided under paragraph (a)(3) of this section.

(2) When an agency determines that materiel held or used by the agency is in excess of the agency’s needs, the agency shall report this excess materiel to Government Support Services for appropriate reallocation or disposal.

(3) Except for vehicles, materiel that is being replaced in kind is not excess materiel under paragraph (a)(2) of this section and an agency, including a school, may enter into an agreement with a purchasing vendor to trade in this materiel on similar materiel or sell this materiel and credit the receipt as required under § 6102(c) of this title.

(b) (1) a. Except as provided for vehicles under paragraph (b)(2) of this section and computer technology under paragraph (b)(3) of this section, when Government Support Services determines that the materiel reported by the agency under paragraph (a)(2) of this section has additional useful life, Government Support Services shall give 2 weeks’ written notice to agencies, volunteer ambulance services, volunteer rescue services, and volunteer fire departments of the availability of the materiel.

b. Requests for materiel under paragraph (b)(1)a. of this section must be submitted in writing to Government Support Services. In the event 2 or more agencies request the same materiel, GSS shall make the appropriate determination as to allocation.

(2) a. Vehicles can be made available to agencies at fair market value as determined by GSS. Vehicles not purchased by agencies may be made available, at fair market value as determined by GSS, to any private organization that is exempt from taxation under § 501(c) of the Federal Internal Revenue Code, 26 U.S.C. § 501(c), and whose headquarters is in this State.

b. Requests for vehicles by organizations eligible under paragraph (b)(2)a. of this section must be submitted in writing to Government Support Services.

(3) If computer technology is not being replaced under paragraph (a)(3) of this section, GSS shall offer that computer technology to the Department of Education’s Partners in Technology Group before disposal or disposition to any other group or agency. Upon acceptance, the Partners in Technology Group will pick up the computer technology from the holding agency at no charge. Government Support Services shall dispose of the computer technology refused by the Partners in Technology Group following the procedures under subsection (c) of this section.

(c) (1) If no requests are received for materiel within the 2-week period under subsection (b) of this section, Government Support Services shall transfer the materiel to an appropriate storage area. The materiel can then be made available to other political subdivisions, nonprofit organizations, or the general public at reasonable cost as determined by GSS.

(2) When the quantity or size of the materiel makes removal from the site of the disposing agency unwarranted or when it is in the best interest of this State, GSS may arrange for public auction of the materiel under subsection (d) of this section or the sale of the materiel under subsection (f) of this section.

(d) Notice of auctions shall be advertised at least once a week for 2 consecutive weeks in a Delaware newspaper circulated in each county of the State; provided, however, that if the anticipated proceeds of such auction are equal to or less than the cost of handling and advertising, the advertising requirement may be waived at the discretion of the Director of the Office of Management and Budget. The materiel shall be sold to the highest bidder at such auction. Any materiel remaining after being offered at such auction shall be disposed of by the Office of Management and Budget in the best interests of the State. All proceeds from such auctions shall be deposited with the State Treasurer.

(e) [Repealed.]

(f) Nothing in this section interferes with the right of Government Support Services to transfer or sell equipment within this State to the groups in paragraph (c)(1) of this section at mutually agreed values before the public auction. This transfer or sale shall be conducted for the agency by Government Support Services upon written request of the agency.
29 Del. C. § 7001 — Delaware Code / Title 29 / Chapter 70 / Section 7001
§ Â
        7001. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Agency” includes every board, department, bureau, commission, person, group of persons, or other authority to which any of the following apply:

a. Executes, supervises, controls, or administers governmental functions under the laws of this State or performs such other duties as may be prescribed.

b. Receives any funds under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect or use any taxes, fees, licenses, permits, or other receipts for services or for the performance of any function of, related to, or supported in whole or in part by the laws of this State.

c. Administers any laws providing for the collection of taxes, fees, permits, licenses, or other forms of receipts from any source for the use of this State.

(2) “Computer technology” means computers, computer equipment, or software.

(3) “Government Support Services” or “GSS” means the Government Support Services Section of the Office of Management and Budget.

(4) a. “Materiel” means materials, equipment, vehicles, tools, supplies, and any other personal property.

b. “Materiel” does not mean real property, such as land, ponds, or buildings.

(5) “School” means a public school or school district, including charter schools.
29 Del. C. § 5914 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5914
§ Â
        5914. Rules; hearing; adoption.
Status: in_force

The Secretary shall prepare and submit to the Board proposed rules covering the classified service. The rules shall be reviewed by the Board at a public hearing held following public notice. The rules, as proposed by the Secretary, shall become final upon the completion of the public hearing, unless rejected by a majority of the members appointed to the Board.
29 Del. C. § 6968 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6968
§ Â
        6968. Requirement of certificate of registration.
Status: in_force

(a) After a bid proposal for a public works contract is submitted, but before the award of a public works contract, a contractor must provide the agency to which it is contracting a copy of the certificate of registration under Chapter 36 of Title 19 for each subcontractor listed in the bid proposal.

(b) An agency shall provide contractors and subcontractors the opportunity to register under Chapter 36 of Title 19 before the award of a contract.
29 Del. C. § 304 — Delaware Code / Title 29 / Chapter 3 / Section 304
§ Â
        304. State bird.
Status: in_force

The blue hen chicken is the official bird of the State.
29 Del. C. § 4507 — Delaware Code / Title 29 / Chapter 45 / Section 4507
§ Â
        4507. Budget.
Status: in_force

Each fiscal year, the Commission shall send a proposed annual budget to the Secretary of State and the Commission must operate within the limit of the General Assembly’s appropriation of funds.
29 Del. C. § 5223 — Delaware Code / Title 29 / Chapter 52 / Section 5223
§ Â
        5223. Coverage for removal of excess skin and subcutaneous tissue [For application of this section, see 85 Del. Laws, c. 88, Â 5].
Status: in_force

(a) For purposes of this section:

(1) “Medically necessary” means as defined in § 3581 of Title 18.

(2) “Panniculectomy” means an operative procedure used to contour the abdominal wall by removing significant excess skin and subcutaneous adipose tissue.

(b) The plan must provide coverage for medically necessary removal of excess skin and subcutaneous tissue, including a panniculectomy.
29 Del. C. § 9043C — Delaware Code / Title 29 / Chapter 90C / Subchapter IV / Section 9043C
§ Â
        9043C. Commission membership; qualifications; term of office [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, Â 3].
Status: in_force

(a) The Commission is composed of 23 voting members, as follows:

(1) Twelve members serving by virtue of position, or their designee, as follows:

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

b. The Attorney General.

c. The Secretary of the Department of Labor.

d. The Secretary of the Department of Education.

e. The Secretary of the Department of Transportation.

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

g. The Chief Justice of the Supreme Court.

h. The Secretary of State.

i. The Secretary of the Department of Health and Social Services.

j. The Secretary of the Department of Safety and Homeland Security.

k. The State Election Commissioner.

l. The Executive Director of the Government Efficiency and Accountability Review Board.

(2) Four members who are residents of the State and appointed by the President Pro Tempore of the Senate as follows:

a. One member of a higher education institution with specialization in AI.

b. One member representing private sector entities with experience in developing or implementing AI.

c. A member of the Senate from the Majority Caucus.

d. A member of the Senate from the Minority Caucus.

(3) Four members who are residents of the State and appointed by the Speaker of the House as follows:

a. One member of a higher education institution with specialization in AI.

b. One member representing private sector entities with experience in developing or implementing AI.

c. A member of the House of Representatives from the Majority Caucus.

d. A member of the House of Representatives from the Minority Caucus.

(4) Three members who are residents of the State and appointed by the Governor as follows:

a. One member of a higher education institution with specialization in AI.

b. One lawyer with expertise in U.S. and Delaware constitutional rights.

c. One member representing private sector entities with experience in developing or implementing AI.

(b) An appointed, voting member of the Commission serves for a term of up to 3 years and is eligible for reappointment.

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

(d) Members of the Commission serve without compensation, except that the Commission may reimburse members for reasonable and necessary mileage and tolls incident to duties as members of the Commission.

(e) The Chair of the Commission shall appoint annually 1 nonvoting member who, at the time of appointment, is or will be in the next school year, a tenth, eleventh, or twelfth grade student in a public or private school in Delaware. Priority must be given to the selection of an individual who has demonstrated an interest in and commitment to the study of AI.
29 Del. C. § 4713 — Delaware Code / Title 29 / Chapter 47 / Section 4713
§ Â
        4713. DNA analysis and data bank.
Status: in_force

(a) In any criminal proceeding, DNA testing shall be deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison is admissible under § 3515 of Title 11 to prove or disprove the identity of any person. This section does not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the person as shall be admissible in evidence.

(b) (1) a. The Department of Correction shall take a biological sample for DNA from any person convicted on or after June 16, 1994, and sentenced to a term of confinement, of any offense or attempted offense defined in subchapter II, subpart D or subchapter V of Chapter 5, Title 11 or who is in the custody of the Department of Correction after June 16, 1994, as a result of a conviction for 1 or more of the offenses listed under this paragraph (b)(1) for law-enforcement identification purposes and inclusion in law-enforcement identification databases.

b. A person convicted for 1 or more of the offenses listed under this paragraph (b)(1) on or after June 16, 1994, who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court.

(2) a. The Department of Correction shall take a biological sample for DNA from any person convicted after July 1, 2003, and sentenced to a term of confinement, of any offense that is defined and classified as a felony under Title 11 for law-enforcement identification purposes and inclusion in law-enforcement identification databases.

b. A person convicted after July 1, 2003, of a felony offense that is defined and classified as a felony under Title 11 and who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court.

(c) (1) Biological samples must be obtained by qualified personnel and packaged and submitted in containers provided or approved by the Division of Forensic Science in accordance with administrative regulations promulgated by the Division of Forensic Science.

(2) No civil liability shall attach to any person authorized to obtain a biological sample under this section as a result of obtaining a biological sample from any person, provided the biological sample was obtained according to generally accepted procedures.

(d) A person who tampers or attempts to tamper with any biological sample or the container collected under subsection (b) or (c) of this section without lawful authority is guilty of a Class D felony.

(e) The Division of Forensic Science shall establish and maintain the State DNA Index System, a centralized database of DNA identification records that is compatible with NDIS policies and procedures.

(f) The purpose of SDIS is to assist federal, state, and local criminal justice and law enforcement agencies within and outside this State in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of crimes, including sex-related crimes or violent crimes and the identification of missing and unidentified persons.

(g) (1) a. The Division of Forensic Science shall receive, analyze, and classify biological samples in compliance with NDIS policies and procedures and shall record the DNA results in CODIS for identification and statistical purposes.

b. The Department of Justice, or a law-enforcement agency authorized by the Department of Justice, must inform DFS if the investigation has determined that no crime occurred in the case connected to a biological sample submitted for analysis and classification under paragraph (g)(1)a. of this section. If notice that no crime occurred is provided under this paragraph (g)(1)b., paragraph (g)(1)a. of this section does not apply to a biological sample connected to that case.

(2) DFS must also comply with the requirements under § 4713A of this title when a DNA analysis is of a biological sample from a sexual assault kit.

(3) The results of an analysis under this section are confidential, except as specifically provided under this section and under all of the following:

a. Section 4713A of this title,

b. Section 9405(d) of Title 11. Unless otherwise permitted under the law of this State, information provided to a victim or a victim’s designee under § 9405(d) of Title 11 should not include the name of the individual identified using the DNA profile.

(4) DFS shall securely store the results of an analysis.

(h) Records produced from biological samples received by DFS, including the results of analysis under subsection (g) of this section, may be used only for law enforcement purposes and are exempt from disclosure under the Freedom of Information Act, Chapter 100 of this title.

(i) (1) An individual whose DNA profile has been included in SDIS may petition Superior Court for expungement on the grounds that the conviction on which the authority for including the DNA profile was based has been reversed or the case dismissed.

(2) Upon receipt of a certified court order granted under paragraph (i)(1) of this section, the Division of Forensic Science shall expunge all identifiable information in CODIS pertaining to the individual and destroy all biological samples from that individual.

(j) The Division of Forensic Science shall promulgate regulations necessary to implement this section, including procedures for the collection of biological samples and SDIS system usage and integrity.

(k) (1) Upon completion of the analysis required under this section, the Division of Forensic Science shall upload a notation of the existence of a DNA identification record in the Delaware Criminal Justice Information System (DELJIS) file for the individual. This information must be available to all requesting criminal justice agencies in the same manner and under the same conditions as all other criminal record information maintained by the State Bureau of Identification.

(2) If there is a verified association between the DNA profile and an individual, DFS shall provide this information to the Delaware Information Analysis Center (DIAC).

(l) A person who disseminates, receives, or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt, or use is for a purpose other than authorized by law, is guilty of a Class A misdemeanor.

(m) (1) a. DFS and law-enforcement agencies may not destroy or dispose of biological samples from an unsolved sexual assault case until 20 years after the collection of the evidence of the crime.

b. Notwithstanding paragraph (m)(1)a. of this section, if the victim was under 18 years of age at the time of the alleged offense, biological samples from an unsolved sexual assault case may not be destroyed or disposed before the victim is 40 years of age.

(2) Before destroying or disposing of a biological sample from an unsolved sexual assault case under § 2311 of Title 11, DFS and law-enforcement agencies must comply with the requirements under § 9405(e) of Title 11.
29 Del. C. § 8008 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8008
§ Â
        8008. Division of Parks and Recreation.
Status: repealed

The Division of Parks and Recreation is hereby established having powers, duties and functions as follows:

(1) The Division of Parks and Recreation shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the State Park Commission of Delaware pursuant to Chapters 45, 47 and 58 [repealed] of Title 7.

(2) To help supplement general funds the Division of Parks and Recreation shall be authorized to solicit donations, sponsorships and sell advertisements to support park operations, to maintain park facilities and to support park programs including but not limited to concerts and events. All of the funds collected pursuant to this paragraph shall be deposited in the General Fund of this State and designated solely for park operations and maintenance. Persons or entities that donate, sponsor or advertise shall receive no special benefits other than, at the Division’s discretion, recognition in the park program guides, website and/or at the parks.
29 Del. C. § 1906 — Delaware Code / Title 29 / Chapter 19 / Section 1906
§ Â
        1906. Local school district funds.
Status: in_force

Any bill or resolution in either House of the General Assembly which provides for or requires the expenditure of any local school district current expense funds shall include a 3-year fiscal projection. The 3-year fiscal projection shall be attached by the sponsor prior to its initial committee consideration in the House of origin.
29 Del. C. § 1503 — Delaware Code / Title 29 / Chapter 15 / Section 1503
§ Â
        1503. Expenses; contributions to the National Conference of Commissioners on Uniform State Laws.
Status: in_force

The Commissioners may hire personnel and shall be entitled to receive their actual disbursements for expenses in performing the duties of their office. The Commissioners may contribute a reasonable sum toward the expense of holding the National Conference of Commissioners on Uniform State Laws. The amounts needed by the Commission for its operations and its contribution to the National Conference of Commissioners on Uniform State Laws shall be appropriated annually or biennially by the General Assembly.
29 Del. C. § 10001 — Delaware Code / Title 29 / Chapter 100 / Section 10001
§ Â
        10001. Declaration of policy.
Status: in_force

It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and further, it is vital that citizens have easy access to public records in order that the society remain free and democratic. Toward these ends, and to further the accountability of government to the citizens of this State, this chapter is adopted, and shall be construed.
29 Del. C. § 5004 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5004
§ Â
        5004. Delaware Economic Development Office â Appointment, qualifications and compensation of Director; Acting Director [Transferred].
Status: in_force

Transferred to § 8704A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8415 — Delaware Code / Title 29 / Chapter 84 / Section 8415
§ Â
        8415. Annual report.
Status: in_force

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. § 5838 — Delaware Code / Title 29 / Chapter 58 / Subchapter IV / Section 5838
§ Â
        5838. When registration, report or authorization is considered as filed; access to records.
Status: in_force

(a) Any registration, report or authorization form shall be considered filed as of the date it is filed electronically with the Commission or, if electronic filing required by this subchapter is unavailable at the time filing is required, on the date it is mailed if sent by registered or certified mail.

(b) The lobbyist docket maintained by the Commission and any reports, authorizations or other documents filed with the Commission pursuant to this subchapter shall be made available at reasonable hours for public inspection and copying pursuant to Chapter 100 of this title.
29 Del. C. § 8110 — Delaware Code / Title 29 / Chapter 81 / Section 8110
§ Â
        8110. Exemptions.
Status: in_force

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

(1) Secretary of Agriculture;

(2) Deputy Secretary.
29 Del. C. § 5577 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5577
§ Â
        5577. Amount of monthly service or disability pension [For application of this section, see 79 Del. Laws, c. 315, Ââ10].
Status: in_force

(a) The amount of the monthly service or disability pension payable to a retired member shall be 1/60 of the retired member’s final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in the retired member’s period of credited service.

(b) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 2% thereby providing a survivor’s pension equal to 2/3 of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.

(c) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 3% thereby providing a survivor’s pension equal to 75% of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.

(d) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 6% thereby providing a survivor’s pension equal to 100% of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.
29 Del. C. § 8762A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8762A
§ Â
        8762A. Limitation of powers of State.
Status: in_force

The State pledges to and agrees with any holder of the bonds that the State will not limit or alter the rights vested in the Authority until all bonds at any time issued, together with the interest thereon and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders, are fully met and discharged. Nothing herein contained shall preclude such limitation or alteration, if, and when, adequate provision shall have been made by law for the protection from impairment of the contracts represented by such bonds.
29 Del. C. § 5620 — Delaware Code / Title 29 / Chapter 56 / Section 5620
§ Â
        5620. Attachment and assignment of benefits.
Status: in_force

Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.
29 Del. C. § 9501A — Delaware Code / Title 29 / Chapter 95 / Section 9501A
§ Â
        9501A. Acquisition by eminent domain.
Status: in_force

(a) The policy of the provisions of this chapter pertaining to eminent domain is to ensure that eminent domain is used for a limited, defined public use. Public use does not include the generation of public revenues, increase in tax base, tax revenues, employment or economic health, through private land owners or economic development.

(b) Notwithstanding any other provision of law, neither this State nor any political subdivision thereof nor any other condemning agency, including an agency as defined in § 9501(b) of this title, shall use eminent domain other than for a public use, as defined in subsection (c) of this section.

(c) The term “public use” shall only mean:

(1) The possession, occupation, or utilization of land by the general public or by public agencies;

(2) The use of land for the creation or functioning of public utilities, electric cooperatives, or common carriers, or

(3) Where the exercise of eminent domain:

a. 1. Removes a “blighted area” as defined at § 4501(3) of Title 31, or a “slum area”, as defined at § 4501(23) of Title 31;

2. Removes a structure that is beyond repair or unfit for human habitation or use; or

3. Is used to acquire abandoned real property; and

b. Eliminates a direct threat to public health and safety caused by or related to the real property in its current condition.

(d) Whenever real property is condemned and will be used, including owned, occupied or developed by a private party, the State or agency thereof or a political subdivision must establish by clear and convincing evidence that the use of eminent domain complies with the definition of “public use” in subsection (c) of this section.

(e) No written notice or correspondence shall be sent to property owners from the State, an agency or a political subdivision communicating to the property owner that the real property is subject to eminent domain without the State, an agency, or a political subdivision first notifying the property owner in writing of the public use as defined in subsection (c) of this section and as required by § 9505(15) of this title.
29 Del. C. § 6406A — Delaware Code / Title 29 / Chapter 64A / Section 6406A
§ Â
        6406A. Department of Education.
Status: in_force

(a) Purchase orders and change orders for school construction projects which are coded to a different school construction project line within the applicable school district will be approved upon review and determination by the Department of Education and Office of Management and Budget that full compliance of § 2.4.3B(1) and (2) of the State of Delaware School Construction Manual has been met. All such purchase orders or change orders must reference the appropriate projects, lines of authorization and appropriate section of the School Construction Manual.

(b) The Department of Technology and Information is prohibited from establishing or maintaining state-supported e-mail addresses for public school students except as may be deemed necessary by the local school district. This section shall not preclude local school districts from providing student access to e-mail with local discretionary funds either through their own e-mail server or through a contract with the Department of Technology and Information.
29 Del. C. § 5621 — Delaware Code / Title 29 / Chapter 56 / Section 5621
§ Â
        5621. Other post-employment benefits appropriations.
Status: in_force

Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of this title.
29 Del. C. § 2502 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2502
§ Â
        2502. Department of Justice established.
Status: in_force

There is created a State Department of Justice under the supervision, direction and control of the Attorney General.
29 Del. C. § 8320 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8320
§ Â
        8320. Criminal background checks.
Status: in_force

(a) The following individuals must submit to a criminal background check:

(1) Current Department of Finance (Department) employees.

(2) Individuals conditionally offered employment with the Department.

(b) Any current or prospective contractor or third party that requires or may require access to Department systems, facilities, or data may be required by the Secretary to submit to a criminal background check.

(c) Individuals required to obtain a background check under this section must submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all the following:

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

(2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that individual.

(d) The State Bureau of Identification must forward all information obtained under paragraphs (c)(1) and (c)(2) of this section to the Department.

(e) If a current employee, contractor, or third party obtains a background check under this section, the State Bureau of Identification must provide all of the following to the Department:

(1) Any subsequent state criminal history record information of the individual.

(2) Any subsequent criminal history record information of the individual available through the “Rap Back System” as defined under § 8502 of Title 11, if the Rap Back System is available.

(f) The Department has the right to review and use criminal background information obtained under this section to the extent permitted by applicable law, including in determining an individual’s qualification for employment or continued access to Department systems, facilities, or data.

(g) Current Department employees and contractors must submit the information required by subsection (c) of this section to the State Bureau of Identification no later than 30 days after receipt of the Department’s written request to submit to a background check.
29 Del. C. § 9304 — Delaware Code / Title 29 / Chapter 93 / Section 9304
§ Â
        9304. Replacement housing for tenants and certain others.
Status: in_force

(a) In addition to amounts otherwise authorized by this chapter, an agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under § 9303 of this title which dwelling was actually and lawfully occupied by such displaced person for not less than 90 days immediately prior to:

(1) The initiation of negotiations for acquisition of such dwelling and has rented or purchased and occupied a decent, safe and sanitary replacement dwelling within 1 year of moving from the displacement dwelling; or

(2) In any case in which displacement is not a direct result of acquisition, such other event as the agency shall prescribe.

Such payment shall be made in accordance with criteria established by the agency not to exceed $5,250 and shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling. At the discretion of the agency, a payment under this subsection may be made in periodic installments.

(b) Any person eligible for a payment under subsection (a) of this section may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe and sanitary replacement dwelling. Any such person may, at the discretion of the agency, be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under § 9303(a) of this title had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of such negotiations.

(c) The full amount of the replacement housing payment for down payment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.
29 Del. C. § 2553 — Delaware Code / Title 29 / Chapter 25 / Subchapter V / Section 2553
§ Â
        2553. Division of Civil Rights and Public Trust; powers and duties.
Status: in_force

(a) The Division of Civil Rights and Public Trust shall do all of the following:

(1) Investigate and prosecute hate crimes under § 1304 of Title 11.

(2) Investigate and prosecute civil or criminal misconduct committed under color of Delaware law or in the course of a public official’s or state employee’s duties.

(3) a. Investigate all use of deadly force incidents by law enforcement and use of force incidents by law enforcement that result in serious physical injury, as defined in § 222 of Title 11, for the purpose of determining whether such use of force was justified as a matter of law.

b. For informational purposes and to facilitate data-tracking, if a public report is issued by the Division on law enforcement’s use of deadly force or use of force which results in serious physical injury, as defined in § 222 of Title 11, the public report must include all of the following:

1. The race of the law-enforcement officer who used force.

2. The race of the individual on whom force was used.

3. Whether race was found to be a relevant or motivating factor in the use of force.

(4) Enforce pattern and practice violations under Chapters 45 and 46 of Title 6.

(b) The Division of Civil Rights and Public Trust may investigate, prosecute, and remediate a pattern or practice which violates any of the civil rights secured by the U.S. Constitution or Constitution of the State or Delaware law regarding any of the following:

(1) Public accommodations.

(2) Housing discrimination.

(3) Employment discrimination.

(4) Educational rights.

(5) Rights of individuals with disabilities.
29 Del. C. § 7508 — Delaware Code / Title 29 / Chapter 75 / Section 7508
§ Â
        7508. Bond anticipation notes of local district.
Status: reserved

(a) After a local referendum authorizing the sale of local school bonds and in anticipation of the issuance of the bonds, the board of school trustees or board of education of a school district may issue and sell notes of the school district at either public or private sale for not less than par and accrued interest. The notes shall bear interest at a rate not exceeding 5% per annum. They may be renewed from time to time by the issuance and sale of new notes, but all such notes shall mature and be paid not later than 4 years after issuance. The notes shall be signed by the chairperson and 1 member of the board of school trustees or president and 1 member of the board of education of the district, the seal of the school district shall be impressed on each of the notes and shall be payable at a place prescribed by the issuing officers of the State. All provisions of law pertaining to local school bonds and not inconsistent with this chapter shall apply to notes issued hereunder.

(b) The total amount of notes outstanding at any 1 time, together with the total amount of bonds theretofore issued in any district, shall not exceed that portion of the total authorized bonded indebtedness of the school district for which bonds have been authorized by local referendum within the district.

(c) The notes may be redeemed at par and accrued interest prior to their maturity if the right of the school district to do so shall have been reserved by an express provision in the notes. The principal and interest on said notes, including renewal notes, shall be paid from the proceeds of the sale of bonds or from other funds available therefor. The notes shall be general obligations of the school district and the faith and credit of the school district shall be pledged for the full and complete payment of the principal of and interest on such notes and such notes shall be exempt from taxation with respect to both principal and interest by the State or any political subdivision thereof for any purpose. The board of education or the board of school trustees of the issuing school district shall have the same power to levy taxes to pay such notes and the interest thereon as in the case of bonds.
29 Del. C. § 7928 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7928
§ Â
        7928. Budgeting and financing.
Status: in_force

(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. § 5093 — Delaware Code / Title 29 / Chapter 50 / Subchapter VII / Section 5093
§ Â
        5093. Reports to Secretary of Finance [Transferred].
Status: in_force

Transferred to § 8793A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8706 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8706
§ Â
        8706. Public Archives.
Status: in_force

The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described in subchapter 1 of Chapter 5 of this title.
29 Del. C. § 9009D — Delaware Code / Title 29 / Chapter 90D / Section 9009D
§ Â
        9009D. Office of Womenâs Advancement and Advocacy.
Status: repealed

(a) The Office of Women’s Advancement and Advocacy is hereby established as a unit of the Department of Human Resources with the purpose of promoting the equality and equity of women in all areas of society. For administrative and budgetary purposes only, the Director of the Office of Women’s Advancement and Advocacy shall report to the Secretary of Human Resources.

(b) The Office of Women’s Advancement and Advocacy shall advise the Secretary of the Department of Human Resources, the Governor and the General Assembly and shall:

(1) Foster and facilitate collaborations between the state agencies, the General Assembly, the Judiciary, individuals, organizations, businesses and institutions towards the elimination of gender-based bias and discriminatory policies and practices.

(2) Serve as a clearinghouse for providing information on the status of women to the public, state agencies, the General Assembly, the Judiciary, organizations, businesses, and institutions, and when necessary, to refer complaints and inquiries to the appropriate state departments or agencies or community organizations when necessary.

(3) Study, review and report on the status of women in the State. To accomplish this task, the Office of Women’s Advancement and Advocacy may conduct research projects and focus groups, and hold public hearings, forums and discussion groups as it deems necessary.

(4) Compile and analyze statistics and information and issue reports on issues affecting women in this State.

(5) Advise executive and legislative bodies on the effect of proposed legislation on women. This includes making recommendations on proposed legislation by providing reports, statistics and testimony.

(6) Provide suggestions and recommendations regarding the implementation of any previously enacted gender-based legislation or policy initiatives.

(7) Make specific legislative proposals relating to the removal of discriminatory laws and practices in the State and the advancement of women in the State; transmit such legislation, with any report or information thereon to the Governor, the Secretary of the Department of Human Resources and the General Assembly; and work toward the passage of such legislation.

(8) Contract for the production, distribution and marketing of educational and informative media materials, consistent with the purpose of the Office, such terms and conditions as deemed appropriate by the Department of Human Resources with all revenues from said contracts being deposited in an appropriate special fund for the purpose of reproducing, marketing and distributing copies of video and printed materials.

(9) Serve as a liaison between government and private interest groups concerned with issues affecting women;

(10) Perform such other functions and duties as imposed upon it by law or as are assigned to it by the Governor, the Secretary of the Department of Human Resources or the General Assembly.

(11) At the beginning of every General Assembly, submit a report to the Governor, Secretary of the Department of Human Resources and the General Assembly of the Office of Women’s Advancement and Advocacy’s activities and recommendations. Such activities shall include reports of the Commission for Women, Delaware Women’s Hall of Fame Committee and the Delaware Women’s Workforce Council.

(c) The Office of Women’s Advancement and Advocacy may collaborate with the Division of Diversity, Equity and Inclusion or any other state agency for assistance, information or data that may be necessary to fulfill its responsibilities in subsection (b).

(d) The Commission for Women. — (1) The Commission for Women shall advise the Office of Women’s Advancement and Advocacy on strategic planning, project development and programming.

(2) The Commission for Women shall meet at least quarterly.

(3) The Commission for Women shall consist of 18 members who shall be appointed as follows:

a. Four members appointed by the Speaker of the House of Representatives and shall serve at the pleasure of the Speaker.

b. Four members appointed by the President Pro Tempore of the Senate and shall serve at the pleasure of the President Pro Tempore.

c. Ten members appointed by the Governor representing all 3 counties and the City of Wilmington. Of the Governor’s appointees, no more than 6 members shall be members of any 1 political party.

(4) Members of the Commission for Women appointed by the Governor shall serve for a term of 3 years. All members are eligible for reappointment. If any member fails to attend 4 successive meetings of the Commission for Women, that member’s position may be deemed vacant and the appointing authority shall appoint a replacement.

(5) The Chairperson of the Commission for Women shall be appointed by the Governor from among the 18 members, and shall serve at the pleasure of the Governor. The Commission for Women may elect such officers as it deems necessary.

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

(7) The Commission for Women shall adopt such bylaws as it deems necessary.

(8) The Commission for Women has the authority to create subcommittees and councils as it deems necessary.

(9) The Commission for Women shall hold its first meeting within 120 days of the enactment of this legislation.

(e) [Repealed.]

(f) Delaware Women’s Hall of Fame Committee. — The Office of Women’s Advancement and Advocacy shall oversee this committee, which shall be responsible for fostering an understanding of and an appreciation for the many contributions of the women of Delaware to their home, community, State and nation and annually recognize and acknowledge the achievements of remarkable Delaware women through the Delaware Women’s Hall of Fame.

(1) The Delaware Women’s Hall of Fame Committee shall be comprised of 11 members who shall be appointed as follows:

a. Two members appointed by the Speaker of the House of Representatives and shall serve at the pleasure of the Speaker.

b. Two members appointed by the President Pro Tempore of the Senate and shall serve at the pleasure of the President Pro Tempore.

c. Seven members appointed by the Governor representing all 3 counties and the City of Wilmington. Of the Governor’s appointees, no more than 5 members shall be members of any 1 political party.

(2) The Chairperson of the Delaware Women’s Hall of Fame Committee shall be appointed by the Governor from among the 11 members, and shall serve at the pleasure of the Governor. The Delaware Women’s Hall of Fame Committee may elect such officers as it deems necessary.

(3) Members of the Delaware Women’s Hall of Fame Committee appointed by the Governor shall serve for a term of 3 years. All members are eligible for reappointment. If any member fails to attend 4 successive meetings of the Delaware Women’s Hall of Fame Committee, that member’s position may be deemed vacant and the appointing authority shall appoint a replacement.

(4) Members of the Delaware Women’s Hall of Fame Committee shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Delaware Women’s Hall of Fame in accordance with state law.

(5) Members of the Delaware Women’s Hall of Fame Committee shall appoint an annual selection committee to select the inductees to the Delaware Women’s Hall of Fame.

(g) [Repealed.]
29 Del. C. § 4004 — Delaware Code / Title 29 / Chapter 40 / Section 4004
§ Â
        4004. Authority.
Status: in_force

The Commission shall fall under the authority of the Secretary of State and shall have such powers, duties, and functions described in § 4001 of this title and such other duties and functions as may be referred to it by the Governor, the Secretary of State, or the General Assembly.
29 Del. C. § 9001B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9001B
§ Â
        9001B. Assumption of authority by State.
Status: in_force

The offices of the Prothonotaries of New Castle County, Kent County and Sussex County, as heretofore established, shall hereafter be under the authority and jurisdiction of the State.
29 Del. C. § 310 — Delaware Code / Title 29 / Chapter 3 / Section 310
§ Â
        310. State mineral.
Status: in_force

The official state mineral is sillimanite.
29 Del. C. § 2306 — Delaware Code / Title 29 / Chapter 23 / Section 2306
§ Â
        2306. Use of Great Seal and Privy Seal; restrictions; reproduction of seals and other insignia subject to approval; penalties.
Status: in_force

(a) The Secretary of State as the keeper of the Great Seal and the Privy Seal shall restrict the use of the Great Seal and the Privy Seal to documents, records, publications and other business transactions of the State.

(b) The seals, coat of arms, state flag, emblems and other insignia of this State may be used, reproduced or published with the written consent of the Secretary of State, provided that use is restricted to educational uses such as encyclopedias, reference books, historical publications or similar uses which do not involve advertising or other means of personal gain or which abrogate the rights of the citizenry of the State.

(c) Whoever violates or fails to comply with this section shall be fined not less than $100 nor more than $250.

(d) Notwithstanding anything to the contrary contained in any act enacted prior to April 17, 1961, authorizing the Governor, the State Treasurer and the Secretary of State to act as issuing officers in issuing bonds of this State or in any other law, the Secretary of State may, in executing said bonds on behalf of the State, cause a facsimile of the Great Seal of the State to be engraved or printed thereon and, in any such case, it shall not be necessary to affix to or impress on said bonds the Great Seal of the State.
29 Del. C. § 8416 — Delaware Code / Title 29 / Chapter 84 / Section 8416
§ Â
        8416. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 5122 — Delaware Code / Title 29 / Chapter 51 / Section 5122
§ Â
        5122. Leave for bone marrow or organ donation.
Status: in_force

(a) Definitions. — (1) “Bone marrow” means the soft material that fills human bone cavities.

(2) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person.

(3) “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person.

(4) “Organ donor” means a person from whose body an organ is taken to be transferred to the body of another person.

(b) In any calendar year, a state employee is entitled to the following leave in order to serve as a bone-marrow donor or organ donor:

(1) No more than 7 days of leave to serve as a bone marrow donor;

(2) No more than 30 days of leave to serve as an organ donor.

(c) A state employee may use the leave provided by this section without loss or reduction of pay, leave to which the employee is otherwise entitled, credit for time or service, or performance or efficiency rating.

(d) This section applies to employees who are included in a collective bargaining unit, unless a collective bargaining agreement contains provisions dealing with leave for bone marrow and organ donation.
29 Del. C. § 9016F — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9016F
§ Â
        9016F. Reallocation of technology personnel and equipment from executive branch agencies.
Status: in_force

(a) All employees in executive branch agencies who are currently engaged in the exercise and performance of the powers, duties, and functions, as defined in this title and who are determined by the CIO to be necessary for the exercise and performance of the powers, duties, and functions as defined in this title are hereby reallocated to the Department. In addition, all executive branch agency employees who are determined by the CIO to have been engaged in providing necessary administrative, technical, or other support functions as defined in this title are hereby reallocated to the Department. In order to facilitate this reallocation, all executive branch agencies shall work in cooperation with the CIO, the Secretary of the Department of Human Resources, and the Director of the Office of Management and Budget to develop a detailed plan of implementation to reallocate and centralize all agency employees referenced in this section to the Department. This plan shall include but not be limited to any budgetary, operational, and regulatory changes necessary to implement such a centralization as well as service level agreements with state agencies to ensure continued operations.

(b) All technology equipment in executive branch agencies that is currently engaged in the exercise and performance of the powers, duties, and functions, as defined in this title and that is determined by the CIO to be necessary for the exercise and performance of the powers, duties, and functions as defined in this title are hereby reallocated to the Department. In order to facilitate this reallocation, all executive branch agencies shall work in cooperation with the CIO and the Director of the Office of Management and Budget to develop a detailed plan of implementation to reallocate and centralize all executive branch agencies equipment referenced in this section to the Department. This plan shall include but not be limited to any budgetary, operational, and regulatory changes necessary to implement such a centralization as well as service level agreements with state agencies to ensure continued operations.
29 Del. C. § 10133 — Delaware Code / Title 29 / Chapter 101 / Subchapter IV / Section 10133
§ Â
        10133. Withholding or denying licenses.
Status: in_force

No license or renewal for which proper and timely application has been made shall be withheld or denied except for failure of the applicant to comply with the applicable laws and regulations.
29 Del. C. § 7105 — Delaware Code / Title 29 / Chapter 71 / Section 7105
§ Â
        7105. Establishment and use of a statewide fleet management system.
Status: in_force

(a) The Office of Management and Budget, Government Support Services shall establish and operate a Statewide Fleet Management System (“fleet system”). This fleet system shall be composed of all passenger vehicles used by every agency, except for those vehicles exempted by the Director of the Office of Management and Budget. Passenger vehicles as used in this section includes sedans, station wagons, passenger and utility vans, off-road vehicles and trucks rated 10,000 GVW or less.

(b) Each agency shall, within 30 days of a request from the Director of the Office of Management and Budget, deliver to Government Support Services any passenger vehicle and its title for inclusion in the fleet system. If such vehicles were purchased with nonappropriated special funds that require the proceeds of the disposition of the vehicle to be returned to the agency or nonappropriated special funds source, the Director of the Office of Management and Budget shall provide the agency with credits in the amount of the then current value of the vehicle to be used toward the agency’s vehicle lease expenses.

(c) No agency shall lease passenger vehicles except from Government Support Services. Exempt from this subsection are the Governor’s car, agency employees traveling on out-of-state business, and Government Support Services.

(d) Government Support Services, in cooperation with the Department of Technology and Information and the Division of Accounting, shall implement the systems and procedures to enable the direct, electronic transfer of funds from customers of the fleet system to an account designated by Government Support Services. Customers shall be required to furnish Government Support Services with a Purchase Order by August 1 of each year that encumbers funds for the rental of vehicles for that entire fiscal year. The Director of the Office of Management and Budget may exempt agencies from this subsection.

(e) Each agency shall appoint 1 individual to serve as the agency’s vehicle representative. It is the responsibility of the head of each agency to ensure that the vehicle representative completes and submits all vehicle reports as required by the Director of the Office of Management and Budget. It is also the responsibility of each agency head to ensure that the employees of each agency head's respective agency follow the polices concerning the fleet system.

(f) Law-enforcement vehicles and vessels of State agency law-enforcement personnel covered under the provisions of the Police Officer Standards and Training Commission, owned by school districts shall be exempt from subsections (a) and (b) of this section.
29 Del. C. § 8709A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8709A
§ Â
        8709A. Division of Small Business â Staff.
Status: in_force

The Director and all employees of the Division shall be exempt from Chapter 59 of this title.
29 Del. C. § 5532 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5532
§ Â
        5532. Increases in pensions.
Status: repealed

(a) Any monthly service or disability pension which became effective on or before January 1, 1993, and is payable on the date this subsection is enacted into law and any survivor pension based on a former service or disability pension that was effective on or prior to January 1, 1993, and is payable on the date this subsection is enacted into law shall be increased effective January 1, 1994, by 1% plus an additional 2% for pensions effective prior to January 1, 1991, up to a maximum of 3% plus .15% for each full month of retirement preceding January 1, 1981, up to a maximum of 9%. These increases shall continue to be paid through June 30, 1994, and every fiscal year thereafter provided that funds are appropriated in accordance with § 5544 of this title.

(b) Any monthly service or disability pension which became effective on or before December 1, 1990, and is payable on July 21, 1994, and any survivor pension based on a former service or disability pension that was effective on or prior to December 1, 1990, and is payable on the date this subsection is enacted into law shall be increased effective April 1, 1995, by 2% plus .10% for each full month of retirement preceding January 1, 1981, up to a maximum of 15%. These increases shall continue to be paid through June 30, 1995, and every fiscal year thereafter provided that funds are appropriated in accordance with § 5544 of this title.

(c) Any monthly service or disability pension which became effective on or before July 1, 1995, and is payable on July 18, 1996, and any survivor pension based on a former service or disability pension that was effective on or before July 1, 1995, and is payable on July 18, 1996, shall be increased effective July 1, 1996, by 2% plus 1% for pensions that were effective prior to January 1, 1980. These increases shall continue to be paid through June 30, 1997, and every fiscal year thereafter; provided that funds are appropriated in accordance with § 5544 of this title.

(d) Any monthly service or disability pension which became effective on or after July 1, 1976, and is payable on July 18, 1996, and any survivor pension based on a former service or disability pension which became effective on or after July 1, 1976 and is payable on the date this subsection is enacted into law shall also be increased effective July 1, 1996, by the amount of difference between the pensioner’s computed benefit under § 5527(a) of this title, as effective July 1, 1996, less the benefit previously awarded under § 5527(a)(1) and (2) of this title [repealed].

(e) Any monthly service or disability pension which became effective on or before July 1, 1996, and is payable on July 9, 1997, and any survivor pension based on a former service or disability pension that was effective on or before July 1, 1996, and is payable on July 9, 1997, shall be increased effective July 1, 1997, in accordance with the following schedule:

These increases shall continue to be paid through June 30, 1998, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(f) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before July 1, 1997, but after December 31, 1985, and is payable on the effective date of this subsection shall be increased effective July 1, 1998, by 2%. Any monthly service, disability, or survivor pension based on a former service or disability pension that was effective prior to January 1, 1986, shall be increased effective July 1, 1998, by 3% or $20 per month, whichever is greater. These increases shall continue to be paid through June 30, 1999, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(g) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before July 1, 1998, but after December 31, 1979, and is payable on July 9, 1999, shall be increased effective July 1, 1999 by 2%. Any monthly service, disability or survivor pension based on a former service or disability pension that was effective prior to January 1, 1980. Shall be increased effective July 1, 1999 by 3% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2000, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(h) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before June 30, 2000, but after December 31, 1979, and is payable on July 21, 2000, shall be increased effective July 1, 2000, by 2%. Any monthly service, disability, or survivor pension based on a former service or disability pension that was effective prior to January 1, 1980, shall be increased effective July 1, 2000, by 3% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2001, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(i) (1) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective prior to July 1, 2001, and is payable on July 1, 2001, shall be increased effective July 1, 2001, by 1.5%. These increases shall continue to be paid through June 30, 2002, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(2) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective prior to July 1, 2001, and is payable on July 1, 2001, shall be increased effective July 1, 2001, by 0.5%. These increases shall continue to be paid through June 30, 2002, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(j) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after December 31, 1975, and is payable on September 1, 2003, shall be increased effective September 1, 2003, by 2% or $25 per month, whichever is greater. Any monthly service, disability and survivor pension based on a former service or disability pension that was effective before January 1, 1976, and is payable on September 1, 2003, shall be increased effective September 1, 2003, by 2% or $35 per month, whichever is greater. These increases shall continue to be paid through June 30, 2004, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(k) (1) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after December 31, 1975, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1976, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2% or $35 per month, whichever is greater. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(2) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2003, but after June 30, 2001, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(3) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before May 31, 2004, but after June 30, 2003, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(l) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2004, but after December 31, 1980, and is payable on July 1, 2005, shall be increased effective July 1, 2005, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1981, and is payable on July 1, 2005, shall be increased effective July 1, 2005, by 2% plus $50 per month. These increases shall continue to be paid through June 30, 2006, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(m) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2005, but after December 31, 1980, and is payable on July 1, 2006, shall be increased effective July 1, 2006, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1981, and is payable on July 1, 2006, shall be increased effective July 1, 2006, by 2% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2007, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(n) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2010, and is payable on January 1, 2012, shall be increased effective January 1, 2012, by 2%. These increases shall continue to be paid through June 30, 2012, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(o) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2011, and is payable on July 1, 2012, shall be increased effective July 1, 2012, by 1%. These increases shall continue to be paid through June 30, 2013, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(p) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2013, and is payable on January 1, 2015, shall be increased effective January 1, 2015, by 1%. These increases shall continue to be paid through June 30, 2015, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(q) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 1991, and is payable on July 1, 2021, shall be increased effective July 1, 2021, by 3%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after June 30, 1991, and is payable on July 1, 2021, shall be increased effective July 1, 2021, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2016, but after July 1, 2001, and is payable on July 1, 2021, shall be increased effective July 1, 2021, by 1%. These increases shall continue to be paid through June 30, 2022, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(r) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 1992, and is payable on July 1, 2022, shall be increased effective July 1, 2022, by 3%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2017, but after June 30, 1992, and is payable on July 1, 2022, shall be increased effective July 1, 2022, by 2%. These increases shall continue to be paid through June 30, 2023, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(s) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2004, and is payable on July 1, 2024, shall be increased effective July 1, 2024, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2019, but after June 30, 2004, and is payable on July 1, 2024, shall be increased effective July 1, 2024, by 1%. These increases shall continue to be paid through June 30, 2025, and every fiscal year thereafter, provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
29 Del. C. § 107 — Delaware Code / Title 29 / Chapter 1 / Section 107
§ Â
        107. Nanticoke Indian Tribe of Delaware; recognition.
Status: in_force

(a) The Nanticoke Indian Tribe of Delaware is designated and recognized as an American Indian tribe with a tribal governing body carrying out and exercising substantial governmental powers and duties. The Tribe is recognized as eligible for all programs, services, and other benefits provided to Indian tribes by the United States or any state thereof because of their status as American Indians.

(b) The Nanticoke Indian Tribe of Delaware is designated and recognized as the first state-recognized tribe in Delaware, and has been so recognized since March 10, 1881.
29 Del. C. § 6960A — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6960A
§ Â
        6960A. Craft training requirement.
Status: in_force

(a) (1) A contract relating to a public works project under § 6962 of this title must include a craft training program for each craft in the project if at the time the contractor executes a public works contract, all of the following apply:

a. A project meets the prevailing wage requirement under § 6960 of this title.

b. The contractor employs 10 or more total employees.

c. The project is not a federal highway project, except for the project under § 6962(c)(11) of this title.

d. There is an apprenticeship program for a craft in the project on the list of crafts under § 204(b)(2) of Title 19.

(2) A contractor must commit that all subcontractors provide craft training if paragraph (a)(1) of this section applies to the subcontractor.

(b) (1) If a contract requires a craft training program under subsection (a) of this section, the contractor must satisfy the craft training requirement before the contract is executed. A contractor or subcontractor may satisfy the craft training requirement under this section by doing any of the following for each craft under subsection (a) of this section:

a. Having at least 1 active apprentice in a craft training program for the craft.

b. Having at least 1 active apprentice who completes a craft training program for the craft within the 6 months before the date the contract was executed.

c. Being a member of a consortium that provides craft training for the craft and all of the following apply to the craft training program for the craft:

1. The consortium requires a regular financial contribution.

2. The contractor or subcontractor has access to the craft training program.

3. There is at least 1 active apprentice in the craft training program.

d. Making a payment under subsection (c) of this section.

(2) The craft training program under paragraphs (b)(1)a. through (b)(1)b. of this section may be provided by the contractor or subcontractor or through agreement with another entity.

(3) The active apprentice under paragraphs (b)(1)a. through (b)(1)b. of this section does not have to work on the contract being executed under paragraph (b)(1) of this section.

(c) (1) For contracts executed after September 9, 2022, a contractor or subcontractor may satisfy the craft training requirement under this section by making a payment in the amount established under § 204(b)(2)b.2. of Title 19, for the craft into the Apprenticeship and Training Fund of the Department Labor.

(2) For each calendar year, a contractor or subcontractor satisfies the craft training requirement for all contracts executed during that year when payments made under paragraph (c)(1) of this section after January 1 equal the following amounts:

a. For employers with 10 through 25 employees, payments that total $10,000.

b. For employers with more than 25 employees, payments that total $20,000.

(d) (1) All contracts that require a craft training program under subsection (a) of this section must contain a penalty provision against the successful bidder for the failure to comply with the requirements under this section. The penalty provision must require all of the following:

a. The contractor must pay the amount of the payment required under subsection (c) of this section to the Apprenticeship and Training Fund.

b. An amount that does not exceed 10 percent of the payment under paragraph (d)(1)a. of this section.

(2) A penalty assessed under paragraph (d)(1) of this section may be fully or partially remitted or refunded by the agency awarding the contract only if the contractor establishes compliance within 60 days of the notice of the penalty. A claim for remission or refund of a penalty may only be granted if an application for the remission or refund is filed within 1 year of the notice of the penalty.

(3) All money received from penalties under paragraph (d)(1)b. of this section, that is not remitted or refunded, reverts to the government entity under the contract for which the penalty was imposed.
29 Del. C. § 1701 — Delaware Code / Title 29 / Chapter 17 / Section 1701
§ Â
        1701. Short title.
Status: in_force

This chapter is known as and may be cited as the “Emergency Interim Legislative Succession Act.”
29 Del. C. § 10141 — Delaware Code / Title 29 / Chapter 101 / Subchapter V / Section 10141
§ Â
        10141. Review of regulations.
Status: in_force

(a) Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief.

(b) No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken.

(c) When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action.

(d) Except as provided in subsection (c) of this section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations.

(e) Upon review of regulatory action, the agency action shall be presumed to be valid and the complaining party shall have the burden of proving either that the action was taken in a substantially unlawful manner and that the complainant suffered prejudice thereby, or that the regulation, where required, was adopted without a reasonable basis on the record or is otherwise unlawful. The Court, when factual determinations are at issue, shall take due account of the experience and specialized competence of the agency and of the purposes of the basic law under which the agency acted.
29 Del. C. § 8749A — Delaware Code / Title 29 / Chapter 87A / Subchapter V / Section 8749A
§ Â
        8749A. Fund eligibility.
Status: in_force

In order for a project to be eligible for the Fund purposes cited in § 8748A of this title, the project must meet the following criteria:

(1) For the purpose of administering the Fund, a small business shall be defined as a firm having a full-time equivalent complement of 100 or fewer Delaware based employees at the time of application;

(2) The firm to benefit from Fund proceeds must create or retain direct, permanent, quality, full-time jobs;

(3) The firm eligible for Fund proceeds must be eligible for and have received commitments for at least 75 percent of the debt amount needed;

(4) The firm eligible for Fund proceeds must be able to collateralize the Fund proceeds to the satisfaction of the Authority which shall use to the greatest extent possible bank like underwriting procedures;

(5) The firm eligible for Fund proceeds must be able to repay the Fund proceeds within a time period and at an interest rate determined by the Authority; and

(6) Projects to be aided by the Fund shall be recommended by the Council on Development Finance (“Council”) and approved by the Chairperson of the Authority. No project shall receive any benefit from the Fund unless such benefit is approved by a majority of the Council.
29 Del. C. § 10208 — Delaware Code / Title 29 / Chapter 102 / Section 10208
§ Â
        10208. Confidentiality; Freedom of Information Act.
Status: in_force

(a) Committee staff shall treat as confidential each record or communication that an entity submits relating to the entity’s focused review or full review, unless any of the following apply:

(1) Disclosure is necessary to enable committee staff to perform staff’s duties under this chapter. Committee staff may disclose a record or communication under this paragraph only to the extent it is necessary to perform staff’s duties.

(2) The entity did not maintain the record or communication as confidential before the review.

(3) The entity agrees in writing that the record or communication may be disclosed.

(b) On receipt of a record or communication that by law is confidential under subsection (a) of this section or privileged, committee staff shall maintain the confidentiality or privilege and may not further disclose or disseminate the information, except as provided under applicable state or federal law.

(c) Each record or communication exchanged between committee staff and an entity under full review or focused review that is exempt from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29 before the exchange remains exempt after the exchange.
29 Del. C. § 5054 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5054
§ Â
        5054. Deauthorization of state-guaranteed bonds [Transferred].
Status: in_force

Transferred to § 8754A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 6514 — Delaware Code / Title 29 / Chapter 65 / Section 6514
§ Â
        6514. Method of presenting form of indebtedness; exceptions.
Status: in_force

(a) The Director of the Office of Management and Budget may indicate to every agency the manner and method in which any and every form of indebtedness, including salaries of officers and employees, shall be presented to the Director of the Office of Management and Budget.

(b) Subsection (a) of this section shall not apply to the Governor of this State or to the judicial department thereof, nor shall this section or § 6513 of this title apply to salaries when the amount of salary is fixed by law.
29 Del. C. § 7404 — Delaware Code / Title 29 / Chapter 74 / Section 7404
§ Â
        7404. Revenue notes.
Status: in_force

(a) If, at any time during any fiscal year, but prior to June 25 of that year, there should be a casual deficiency of revenue in the General Fund to pay General Fund obligations or to pay existing debts, the Governor, Secretary of State and State Treasurer (the “issuing officers”) are authorized to issue revenue anticipation notes of the State in an amount they determine necessary to meet and to pay any or all of such obligations or debts.

(b) The issuing officers are hereby authorized to determine the terms, form and contents of such notes and to sell such notes, at such price or prices, at such rate or rates, at public or private sale, in such manner and from time to time, subject to this chapter, as they shall determine. Such notes and any renewals thereof shall mature within 1 year from date of the original issuance of such notes, and shall be payable at a bank (herein referred to as “the bank”) chosen at the discretion of the issuing officers. Such notes shall be imprinted with the stamp of the Governor’s signature and the stamp of the signature of the Secretary of State, and shall be manually signed by the State Treasurer. The Great Seal shall be impressed on all such notes or shall be reproduced thereon, in facsimile, and such signatures and such notes shall be authenticated by an officer of the bank.

(c) The faith and credit of the State are hereby pledged for the payment of the principal of and interest on such notes. All expenses incidental to the advertisement, preparation, issuance and delivery of revenue anticipation notes and the principal of and interest on such notes shall be paid by the State Treasurer from the General Fund.

(d) If, at any time during the fiscal year, but prior to June 15, there shall be a casual deficiency of revenue in the General Fund to pay General Fund obligations or to pay existing debts, the State Treasurer may transfer available money from the State’s special funds to the General Fund to pay such obligations or debts. Such money shall be reimbursed to the appropriate special funds as soon as sufficient General Fund moneys become available, but not later than June 15.
29 Del. C. § 6339 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6339
§ Â
        6339. Supplementary appropriations; limitation.
Status: in_force

Any further or special appropriations shall be known as supplementary appropriations. Every such appropriation shall be embodied in a separate bill limited to some single work, object or purpose therein stated and called herein a “Supplementary Appropriation Bill.” Each Supplementary Appropriation Bill, shall, by its provisions, provide or designate the source from which the money therein appropriated is to be derived. No Supplementary Appropriation Bill shall be passed, if when added to the appropriations already authorized, the aggregate appropriations exceed in amount the state revenues from all sources as set forth in the budget.
29 Del. C. § 502 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 502
§ Â
        502. Definitions.
Status: in_force

As used in this subchapter, the following terms shall have the meanings indicated:

(1) “Agency” means any office, department, board, commission or other separate unit of government of this State, including all branches of government: Executive, legislative and judicial.

(2) “Archival record” means those records that contain significant information about the past or present or provide significant evidence of the organization, policies, procedures, decisions and essential transactions of public business and are therefore worthy of long-term preservation and systematic management for historical and other research.

(3) “Custodian of public records” means the person designated, pursuant to § 520 of this title, or who is otherwise responsible for the creation or maintenance of public records.

(4) “Electronic record” means a public record that is stored, generated, received or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another.

(5) “Governing body” means the county council, levy court, city or town council, board or commission or other body authorized by law to govern the affairs of local government.

(6) “Local government” means any county, city, town, municipality or other government, created by an act of the General Assembly, that is not a state agency, department, board or commission.

(7) “Political subdivision” includes counties, cities, towns, districts, authorities and other public corporations and entities whether mandated by the Constitution or formed by an act of the General Assembly.

(8) “Public record” means any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof.

(9) “Records officer” means any person or persons designated according to the provisions of this chapter, whose responsibilities include the development and oversight of agency or local government records management programs.

(10) “Records retention and disposition schedule” means a list or other instrument describing records and their minimum retention periods which is issued by the Delaware Public Archives.

(11) “Vital records” means those records which contain information required for government to continue functioning during a disaster, protect the rights of Delaware citizens and document the obligations of Delaware government, and reestablish operations after a calamity has ended.
29 Del. C. § 4339 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4339
§ Â
        4339. Notary public commission in effect.
Status: in_force

A commission as a notary public in effect on August 1, 2023, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after August 1, 2023, is subject to and shall comply with this chapter. A notary public, in performing notarial acts after August 1, 2023, shall comply with this chapter.
29 Del. C. § 3102 — Delaware Code / Title 29 / Chapter 31 / Section 3102
§ Â
        3102. Powers and duties.
Status: in_force

The powers and responsibilities of the Commission shall include:

(1) Research, study, advise and recommend to the Governor and/or General Assembly on matters it deems appropriate relating to both sustainability and community engagement.

(2) Recommend programs and policies to attract and retain the creative labor force needed for Delaware’s long-term development as a model of sustainable prosperity.

(3) Recommend programs and policies to support sustainable practices in government at all levels, specifically those that enhance the use of data, analytics and technology to improve services.

(4) Coordinate and advise all departments and agencies of the State on matters pertaining to sustainability and community engagement.

(5) Provide government, business and community institutions with information and analysis on options for sustainable practices in all sectors.

(6) Recommend changes in state law, regulations, policies and procedures that are desirable to achieve improvements in sustainable practices in all sectors.

(7) Develop partnerships to further develop Delaware’s leadership role in sustainability and community engagement, within the State, nationally and internationally.

(8) Advise Delaware local governments on the use of data, analytics and technology to improve community services and provide analysis on options for sustainable development.

(9) Evaluate the local impacts of state policies and practices on sustainability practices.

(10) Carry out demonstration projects that may be scaled to benefit other Delaware localities.

(11) Initiate, review and/or sponsor legislation pertaining to or impacting sustainability and community engagement in Delaware.

(12) Recommend changes in state regulations, policies, and procedures that are desirable to achieve community-based sustainability practices.

(13) Seek funding and investment from all sectors to further its mission and goals.

(14) Develop and administer a grant program to further its mission and goals.

(15) Take all other actions the Commission deems in support of global sustainability and community efforts in Delaware.
29 Del. C. § 7903 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7903
§ Â
        7903. Powers, duties and functions of the Secretary [Effective July 17, 2028].
Status: in_force

The Secretary may:

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

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

a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be a licensed physician who shall have had at least 1 year of postgraduate training in public health, or in lieu thereof at least 5 years of experience as a full-time health official;

b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical psychology or psychiatric social work directly related to the care and treatment of persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions and by demonstrated administrative competence;

c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services;

d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of the division;

e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;

f. A Director of the Division of Child Support Services, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

i. A Director of the Division of Health Care Quality, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

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

(4) Establish a Division of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the government of this State;

(5) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department;The Secretary may:

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

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

a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be someone qualified by training, education, experience, or ability to perform the duties of Director;

b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical psychology or psychiatric social work directly related to the care and treatment of persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions and by demonstrated administrative competence;

c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services;

d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of the division;

e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;

f. A Director of the Division of Child Support Services, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

i. A Director of the Division of Health Care Quality, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

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

(4) Establish a Division of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the government of this State;

(5) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department;

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

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

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

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

a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer’s disease or other forms of dementia. The mandatory training must include the following topics:

1. Communicating with persons diagnosed as having Alzheimer’s disease or other forms of dementia;

2. The psychological, social, and physical needs of those persons; and

3. Safety measures which need to be taken with those persons.

The mandatory training required under this paragraph applies only to those health-care providers who must participate in continuing education programs;

b. The provisions of paragraph (9)a. of this section do not apply to persons certified to practice medicine under the Medical Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians.

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

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

(12) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants and appropriations;

(13) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State;

(14) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.].

a. Delaware Safe Drinking Water Revolving Fund. — There is hereby established a “Delaware Safe Drinking Water Revolving Fund” as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes:

1. To accept and retain the funds and revenues specified herein;

2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;

3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;

4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking Water Act;

5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund;

6. To earn interest on amounts on deposit in such fund;

7. To establish all necessary interest bearing accounts for deposit of loan repayments;

8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving Fund as permitted under the Federal Safe Drinking Water Act; and

9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act.

The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking Water Act and the power to make loans in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State the benefits of the Federal Safe Drinking Water Act.

b. Standards and procedures. — Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department shall specify:

1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;

2. Procedures for the preparation, review and approval of the “project priority” list, which must contain those projects for which financial assistance is sought;

3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;

4. Procedures for completing an environmental review of projects otherwise qualifying under this paragraph which shall be sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements;

5. Conditions for financial assistance; and

6. Other relevant criteria, standards and procedures.

Standards and procedures specified under this paragraph shall provide for final recommendations by the Water Infrastructure Advisory Council of any loan from the Delaware Safe Drinking Water Revolving Fund and the “project priority” list as required by Chapter 61 of this title, or any successor statute.
29 Del. C. § 6002F — Delaware Code / Title 29 / Chapter 60F / Section 6002F
§ Â
        6002F. Eligibility [For application of this section, see 84 Del. Laws, c. 407, Â 2].
Status: in_force

The next of kin of a deceased person is entitled to a flag if all of the following criteria are met:

(1) The person has provided at least 10 years of service to this state in at least 1 of the entities listed under § 6001F of this title. Service in more than 1 entity may be combined in calculating the 10-year threshold.

(2) The person dies in the line of duty or while an active member of at least 1 of the entities listed under § 6001F of this title.

(3) The next of kin requests a flag from the appropriate entity under § 6003F of this title.
29 Del. C. § 4330 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4330
§ Â
        4330. Official stamp of a notary public.
Status: in_force

The official stamp of a notary public must meet all of the following:

(1) Include all of the following:

a. The notary public’s name as it appears on file with the Secretary of State.

b. “State of Delaware”.

c. “My Commission expires on” and the commission expiration date.

d. Other information required by the Secretary of State.

(2) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
29 Del. C. § 5836 — Delaware Code / Title 29 / Chapter 58 / Subchapter IV / Section 5836
§ Â
        5836. Activity reports by lobbyists.
Status: in_force

(a) Notwithstanding any other provision of this chapter, no lobbyist may promote, advocate, influence or oppose any bill or resolution pending before the General Assembly by direct communication with a member of the General Assembly, the Lieutenant Governor, or the Governor, or any proposed regulation pending before a state agency by direct communication with an employee or official of that state agency, unless the lobbyist reports to the Commission the identity by number of each bill or resolution, and by number and/or title of each regulation, in connection with which the lobbyist has made or intends to make such direct communication, and the name of the employer on whose behalf such direct communication occurred. Reports relating to any subject contained within any budget appropriation bill or bond and capital improvement bill shall also include identification of the specific subject of the direct communication, such subjects to be designated by agreement of the Controller General and Director of the Office of Management and Budget. Other than as specified in this section, a lobbyist shall not be required to disclose with whom such direct communication occurred or a position or other substantive comment on the bill, resolution, or regulation for which a report is filed. For the purposes of this section, direct communications undertaken as part of one’s duties as a member of a commission, committee, task force, board or other public body shall not be considered direct communication requiring discloser under this section.

(b) A lobbyist shall make any report to the Commission required by this section relating to a bill or resolution no later than the end of the fifth business day after the date on which the first direct communication takes place, or by June 29 of each year, whichever is earlier. A lobbyist shall make any report to the Commission required by this section relating to a regulation no later than the end of the fifth business day after the date on which the first direct communication takes place. Reports shall be filed electronically in such manner as the Commission may prescribe.

(c) Direct communications by a lobbyist with a member of the General Assembly, the Lieutenant Governor, the Governor, or an employee or official of the state agency that specifically relate to a proposed bill, resolution, or regulation, that occur prior to introduction of such bill or resolution, or initial public notice of such regulation, shall be disclosed no later than the end of the fifth business day after the introduction of the bill or resolution, or initial public notice of such regulation, that was the subject of the direct communication.

(d) The reports made pursuant to this section shall be posted on the Internet by the Commission, in consultation with Legislative Council, in a manner determined by the Government Information Center to allow the public to review such information organized by bill, resolution, regulation, lobbyist, employer, and subject of the budget appropriation bill or bond and capital improvement bill. The chairperson of the Commission shall have the authority to suspend the reports required by this section if electronic filing of those reports is unavailable, in which case the reports required by this section shall be filed no later than the end of the fifth business day after which electronic filing has resumed, or June 29 of each year, whichever is earlier. Reports made pursuant to this section shall be distributed electronically in a format determined by the Commission to each member of the General Assembly no less frequently than once a week when the General Assembly is in session.
29 Del. C. § 7510 — Delaware Code / Title 29 / Chapter 75 / Section 7510
§ Â
        7510. Certificate of necessity.
Status: in_force

(a) When the Secretary of Education has prepared the proposed annual major capital improvement program budget the Secretary shall certify the necessity for same to the State Treasurer together with the amount of the total cost, the state share and the local share, if any, as authorized by any school construction bond authorization act and shall send a copy of such certification to the State Auditor of Accounts and the Director of the Office of Management and Budget and the board of education of such school district. Upon the receipt by the State Treasurer of the certification of said determination, the said school construction program shall be deemed to be authorized, and this chapter and any school construction bond authorization act for the issuance of state and local bonds to provide funds for school construction programs shall be in full force and effect with respect to such school construction program; provided, however, that, except in cases where a local share is not required by any school construction bond authorization act, such school construction program shall not be carried out until the local share shall have been deposited with the State Treasurer. The issuing officers may at any time after the State Treasurer receives such certificate proceed to issue bonds or notes of the State to provide the funds for the state share thereof, whether or not the requisite local share shall have been actually deposited with the State Treasurer, but the proceeds of said bonds or notes shall not be expended until the requisite local share shall have been so deposited.

(b) Instead of issuing bonds, as hereinabove provided, the State may pay its share of the total cost by using gifts or any other money on hand which are not required by law to be used for some other purpose.

(c) At the same time the Secretary submits the proposed annual major capital improvement program budget and certifies the necessity and total cost, the Secretary shall publish on its website and submit to the co-chairs of the Joint Committee on Capital Improvement, the Controller General, and the Director and the Librarian of the Division of Legislative Services a report that includes all of the following:

(1) A summary of each project rejected, the total proposed cost of each project rejected, the reason why the project was rejected, the number of times a district has applied for a certificate for the rejected project, the most recent year’s capacity and enrollment numbers for the district, and a ranking of rejected projects by need.

(2) A list of all applications, both approved and rejected, with a designation of which priority level the project is assigned under the School Construction Technical Assistance Manual.

(3) A breakdown by school district of the total amount of state funds allocated through the certificate of necessity process for the current year, the prior 5 years, and any funds that are committed for future years through a current certificate of necessity.
29 Del. C. § 9031B — Delaware Code / Title 29 / Chapter 90B / Subchapter II / Section 9031B
§ Â
        9031B. Duties and responsibilities of officers appointing deputies and clerks.
Status: in_force

All deputies and clerks shall be under the control of the officer by whom they are selected and employed, who may discharge any such deputy or clerk at any time, subject to the provisions of any applicable collective bargaining agreement or personal rules. The officer shall be responsible for all the official acts, neglects and defaults of all deputies and clerks the officer employs.
29 Del. C. § 2545 — Delaware Code / Title 29 / Chapter 25 / Subchapter IV / Section 2545
§ Â
        2545. Required information.
Status: in_force

(a) When a declarant, a common interest community association, the executive board of a common interest community association, a unit owner in a common interest community contacts the Office to make an inquiry, request services, or file a complaint, the declarant, a common interest community association, the executive board of a common interest community association, a unit owner in a common interest community shall provide the Office with at least the following information regarding the common interest community at issue:

(1) The name, address, telephone number, and any other contact information for the common interest community association.

(2) The name of the person engaged in property management for the common interest community association or the name of the person who manages the property at the site of the common interest community.

(3) The name, mailing address, telephone number, and any other contact information for those on the executive board of the common interest community association.

(4) The name, mailing address, telephone number, and any other contact information for the declarant.

(5) The declaration, bylaws, and any rules for the common interest community association.

(6) The annual budget adopted by the common interest community association.

(7) The number of units in the common interest community.

(8) The total annual assessment made by the common interest community association.

(b) The Ombudsperson may waive the requirement created in subsection (a) of this section when it is deemed appropriate.
29 Del. C. § 517 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 517
§ Â
        517. Standards for methods and materials used for public records.
Status: in_force

(a) All custodians of public records of this State and the political subdivisions thereof, whose duty it shall be to create any public record, shall not use or permit to be used for recording purposes, any materials or methods which do not meet standards of quality established by the Delaware Public Archives.

(b) The Delaware Public Archives may require that certain records shall be kept on permanent-durable paper. The Delaware Public Archives may require the microfilming of records that are not produced on permanent-durable paper.

(c) The Delaware Public Archives shall make available, upon request, its standards of quality for methods and materials.
29 Del. C. § 1702 — Delaware Code / Title 29 / Chapter 17 / Section 1702
§ Â
        1702. Declaration of policy.
Status: in_force

The General Assembly declares all of the following:

(1) The possibility of an emergency event exists that may result in the death or inability to act of a large proportion of the membership of the General Assembly.

(2) To comply with existing legal requirements pertaining to the General Assembly during an emergency event would be impracticable, would cause undue delay, and would jeopardize continuity of operation of a legally constituted General Assembly.

(3) It is necessary to adopt special provisions as set out in this chapter for the effective operation of the General Assembly.
29 Del. C. § 8601 — Delaware Code / Title 29 / Chapter 86 / Section 8601
§ Â
        8601. Delaware State Housing Authority.
Status: in_force

There is hereby established in the Executive Department the Delaware State Housing Authority, hereinafter referred to as “DSHA,” with the powers and duties specified in this chapter and Chapter 40 of Title 31.
29 Del. C. § 5311 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5311
§ Â
        5311. Survivorâs pension.
Status: in_force

For persons eligible for a survivor’s pension, the provisions contained in § 5528 of this title, which are in effect on February 1, 1991, shall apply to this chapter, except that an individual who has elected the early retirement option and whose death occurs prior to the date specified in §  5301(d) of this title, shall have his or her pension computed in accordance with the provisions of § 5310(c) of this title, and the eligible survivor or survivors shall receive a survivor’s pension equal to 3/4 of the service pension for which the employee would have been eligible.
29 Del. C. § 4901 — Delaware Code / Title 29 / Chapter 49 / Section 4901
§ Â
        4901. Office of Highway Safety established.
Status: in_force

There is established the Office of Highway Safety, which Office shall be under the direction and supervision of the Department of Safety and Homeland Security pursuant to Chapter 82 of this title.
29 Del. C. § 2512A — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2512A
§ Â
        2512A. False Claims and Affirmative Litigation Fund.
Status: in_force

(a) All money received by the State as a result of civil actions brought by the Attorney General (or in the name of the State) pursuant to Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, or pursuant to a written agreement by the Attorney General in settlement of the State’s claims under Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, shall be credited by the State Treasurer to a fund to be known as the “False Claims and Affirmative Litigation Fund.”

(b) Money in the False Claims and Affirmative Litigation Fund shall be used for the payment of expenses incurred by the Department of Justice in connection with activities under Chapter 12 of Title 6, Chapter 71 of Title 10, § 1505 of Title 11 or, if approved by the Director of the Office of Management and Budget and the Controller General, for other Department of Justice expenses resulting from General Fund deficits. At the end of any fiscal year, if the balance in the False Claims Fund exceeds $3,000,000, the excess shall be withdrawn from the False Claims and Affirmative Litigation Fund and deposited in the General Fund.

(c) The Attorney General is authorized to expend from the False Claims and Affirmative Litigation Fund such moneys as are necessary for the payment of salaries, costs, expenses, and charges incurred in the investigation, preparation, institution, and maintenance of false claims and other affirmative civil actions brought on behalf of the State, and the maintaining of electronic discovery resources for the Department of Justice or other state agencies. The State Solicitor shall have the authority, under the direction of the Attorney General, to maintain and supervise the deposits and expenditures into and out of the False Claims and Affirmative Litigation Fund.

(d) When the State or agencies thereof, public bodies or subdivisions of the State, or qui tam plaintiffs are due a portion of the funds in the False Claims and Affirmative Litigation Fund as a result of a right to restitution, a right to reimbursement, or the operation of § 1205 of Title 6, the Attorney General is authorized to approve release of such funds to the appropriate fund, entity, or recipient.
29 Del. C. § 6989B — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6989B
§ Â
        6989B. Right to audit records.
Status: in_force

An agency shall have the right to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract.
29 Del. C. § 6403A — Delaware Code / Title 29 / Chapter 64A / Section 6403A
§ Â
        6403A. Definitions.
Status: in_force

As used in this chapter the terms “department” and “agency” shall mean those entities receiving an appropriation in the Annual Bond and Capital Improvement Act.
29 Del. C. § 8703 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8703
§ Â
        8703. Powers, duties and functions of the Secretary.
Status: in_force

The Secretary of State shall have, in addition to the other powers, duties and functions as provided by law, the following powers, duties and functions:

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

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

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

b. A Director of the Division of Historical and Cultural Affairs, who shall be known as the Director of Historical and Cultural Affairs and who shall be qualified by training and experience to perform the duties of the office;

c. A Director of the Division of Public Utility Control who shall be qualified by training and experience to perform the duties of the office;

d. A Director of the Division of Professional Regulation who shall be qualified by training and experience to perform the duties of the office.

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

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

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

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

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

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

(9) To adopt an official seal or seals for the Department.
29 Del. C. § 6928 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6928
§ Â
        6928. Failure to comply with contract.
Status: in_force

If any firm entering into a contract under the authority of this chapter neglects or refuses to perform it or fails to comply with the terms thereof, the agency may terminate the contract and proceed to award a new contract in accordance with this chapter or the agency may require the surety on the performance bond to complete the contract in accordance with the terms of the performance bond. Nothing herein shall preclude the agency from pursuing additional remedies as otherwise provided by law.
29 Del. C. § 553 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 553
§ Â
        553. Employees; duties.
Status: in_force

The Department shall appoint and prescribe the duties of such employees or agents as may be necessary to carry out its functions and shall fix their rate of compensation.
29 Del. C. § 5909 — Delaware Code / Title 29 / Chapter 59 / Subchapter II / Section 5909
§ Â
        5909. Limitation on expenditures.
Status: in_force

The General Assembly recognizes that appropriations may be needed if the Board is to carry out effectively this chapter. However, no change in pay rates shall take effect and no other expenses shall be incurred until an appropriation therefor shall have been made by the General Assembly.
29 Del. C. § 10113 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10113
§ Â
        10113. Adoption of regulations; exemptions.
Status: in_force

(a) All regulations, except those specifically exempted, shall be adopted according to the requirements of this chapter.

(b) Regulations of the following types are exempted from the procedural requirements of this chapter and may be adopted informally:

(1) Descriptions of agency organization, operations and procedures for obtaining information;

(2) Rules of practice and procedure used by the agency;

(3) Delegations of authority to subordinates;

(4) Nonsubstantive changes in existing regulations to alter style or form or to correct technical errors;

(5) Amendments to existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations; and

(6) Codifications of existing agency or judicial principles of decision derived from previous decisions and rulings.

Any regulation adopted pursuant to this subsection, along with a copy of the order adopting said regulation, shall be filed with the Registrar of Regulations, and the regulation so filed shall become the official regulation as defined in § 1132 of this title.
29 Del. C. § 4324 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4324
§ Â
        4324. Notarial act in another state.
Status: in_force

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

(1) A notary public of that state.

(2) A judge, clerk, or deputy clerk of a court of that state.

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

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

(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act.
29 Del. C. § 6410 — Delaware Code / Title 29 / Chapter 64 / Section 6410
§ Â
        6410. Executive department.
Status: in_force

(a) In the event that the amount authorized in the appropriated special fund budget in § 1 of the Budget Appropriation Bill for the Office of Management and Budget, Pensions for Contractual Services (investment expenses) is insufficient, the appropriated special fund budget may be amended to adjust for such insufficiency upon request of the Board of Pension Trustees and approved by the Director of the Office of Management and Budget and the Controller General.

(b) Any agency with classified full-time equivalent positions filled or unfilled paid from funds other than those appropriated from the General Fund of the State shall pay to the Office of Management and Budget and the Department of Human Resources, from the special funds, a prorated share of the expense of the Office of Management and Budget and the Department of Human Resources, as approved by the Director of the Office of Management and Budget and the Controller General. Such payments shall be used by the Office of Management and Budget and the Department of Human Resources to supplement the funds appropriated to the Office and Department from the General Fund of the State in the annual Appropriations Act.

(c) The sums appropriated in a fiscal year to Criminal Justice Council for criminal justice planning grants to state agencies to provide funds to match grants from the federal government, which are not disbursed on June 30 of the fiscal year appropriated, shall continue to be available on a matching basis for the life of each criminal justice program grant, or for 3 fiscal years, whichever first occurs. Any unexpended funds appropriated from the General Fund of the State which remain unexpended or unencumbered shall revert to the General Fund of the State.
29 Del. C. § 8735A — Delaware Code / Title 29 / Chapter 87A / Subchapter III / Section 8735A
§ Â
        8735A. Delaware Technical Innovation Program â Creation; definitions.
Status: repealed

(a) There is hereby created the Delaware Technical Innovation Program to be administered by the Division.

(b) For the purpose of this subchapter the following definitions shall apply:

(1), (2) [Repealed.]

(3) “Small business” means a corporation, partnership, limited liability company, statutory or common law business trust, sole proprietorship or individual, operating a business for profit, with 100 employees or fewer, including employees employed in any subsidiary or affiliated corporation or other form of business entity which otherwise meets the requirements of the federal Small Business Innovation Research Program or Small Business Technology Transfer Program.

(4) “Small Business Innovation Research Program” or “SBIR Program” means that program, enacted pursuant to the Small Business Innovation Development Act of 1982 (P.L. 97-219) [15 U.S.C. § 638], which provides funds to small businesses to conduct innovative research having commercial application.

(5) “Small Business Technology Transfer Program” or “STTR Program” means that program, enacted pursuant to the Small Business Technology Transfer Act of 1992, P.L. 102-564 (15 U.S.C. § 638), which provides funds to small businesses to conduct jointly with nonprofit research institutions, cooperative research and development having commercial application.
29 Del. C. § 10217 — Delaware Code / Title 29 / Chapter 102 / Section 10217
§ Â
        10217. Concluding year for terminated entity; fiscal matters.
Status: repealed

(a) Concluding year. —

If the Committee recommends terminating an entity and legislation terminating the entity is not introduced in the same calendar year that the Committee makes the recommendation to terminate, the entity may continue in temporary existence until the end of the next calendar year following the recommendation for termination, only to properly conclude the entity’s business.

(1) The Committee’s recommendation to terminate an entity or legislation introduced but not enacted that terminates the entity does not reduce or otherwise limit the entity’s power and authority during the entity’s concluding year.

(2) On the expiration of the concluding year, all of the entity’s rights, powers, and functions cease. Unobligated or unexpended appropriations of an entity terminated under this chapter lapse at the end of the concluding year.

(b) Fund transfer. —

At the end of a terminated entity’s concluding year, money in a dedicated fund of another entity on behalf of the terminated entity must be immediately transferred to the General Fund of the State Treasury, unless otherwise provided for by law. A law or portion of a law which dedicates money to a specific fund of a terminated entity is automatically repealed at the end of the entity’s concluding year.

(c) Limitation on spending. —

If a terminated entity is funded in the Budget Appropriation Act for each year of the General Assembly, the entity may not spend or obligate the funds after December 31 of the concluding year or on enactment of a law terminating the entity, whichever occurs first, unless specifically provided for by law.

(d) Property and records. —

If a terminated entity is part of a larger entity, all property and records in the custody of the terminated entity must be transferred at the end of its concluding year to the next largest entity of which the terminated entity was a part. If the terminated entity was itself the largest entity or was an independent entity, the property or records must be transferred to the Secretary of State.

(e) Bonded indebtedness. —

If a terminated entity has outstanding bonded indebtedness remaining at the end of its concluding year or on enactment of legislation terminating the entity, the responsibility for the management of the repayment of the bonded indebtedness through the continuation of the entity functions, limited merely to the repayment function, is vested in the State Treasurer. The entity’s claim or a claim against the entity continues and may not be terminated with the entity.

(f) Delaware Code. —

Each reference in the Delaware Code to a terminated entity is invalid on the expiration of the entity’s concluding year or on enactment of legislation terminating the entity, whichever occurs first, unless specifically retained.
29 Del. C. § 2309 — Delaware Code / Title 29 / Chapter 23 / Section 2309
§ Â
        2309. Certification of records.
Status: in_force

Except when the Great Seal of the State is required to be affixed to a certification of a record, the certification of all records, licenses, registrations, papers or other documents required to be certified by the Secretary of State shall be made under the signature and seal of office of the Secretary of State. The signature may be a printed facsimile, except when the signature of the Secretary is requested or required by law, or when the Great Seal of the State is affixed thereto, or when the document is to be authenticated, in which case the signature may be a printed facsimile when attested by the Assistant to the Secretary of State.
29 Del. C. § 3801 — Delaware Code / Title 29 / Chapter 38 / Section 3801
§ Â
        3801. The Delaware African and Caribbean Affairs Commission; creation and purpose.
Status: in_force

The Delaware African and Caribbean Affairs Commission is created for the following purpose and functions:

(1) Provide the Governor, members of the General Assembly, and policy makers with recommendations required to promote the welfare and interests of all people of African descent who reside in the State.

(2) To work with various governmental agencies, business communities, and nonprofit organizations to meet the needs of people of African and Caribbean descent, including seeking funding from foundations and other sources to promote workforce and economic development of the community.

(3) To provide a platform for the promotion of cultural and historical heritage of any people of African descent.

(4) To facilitate the socioeconomic relationship between the African and Caribbean countries, citizens, and residents, and this State.
29 Del. C. § 6301A — Delaware Code / Title 29 / Chapter 63A / Section 6301A
§ Â
        6301A. Establishment of Office of Management and Budget.
Status: in_force

An Office of Management and Budget, referred to in this chapter as “Office,” is hereby established.
29 Del. C. § 8117 — Delaware Code / Title 29 / Chapter 81 / Section 8117
§ Â
        8117. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. § 608 — Delaware Code / Title 29 / Chapter 6 / Section 608
§ Â
        608. Use of respectful language when referring to persons with disabilities.
Status: in_force

(a) The General Assembly recognizes that language used in reference to individuals with disabilities shapes and reflects society’s attitudes toward people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The General Assembly finds it necessary to clarify preferred language for new and revised laws and rules by requiring the use of terminology that puts the person before the disability.

(b) From August 17, 2011, all new and revised statutes, administrative rules, local laws, ordinances, charters or regulations promulgated or any publication published by the State or any political subdivision that refers to persons with disabilities shall:

(1) Avoid language that:

a. Implies that a person as a whole is disabled, such as the “mentally ill,” “retarded” or the “learning disabled,” or

b. Equates persons with their conditions, such as “epileptics,” “autistics,” or “quadriplegics;” and

(2) Replace nonrespectful language by referring to persons with disabilities as persons first; for example, “persons with disabilities,” “persons with developmental disabilities,” “persons with mental illness,” “persons with autism,” or “persons with cognitive disabilities.”

(c) Violation of this section shall not be grounds to invalidate any new or revised statutes, administrative rules, local laws, ordinances, charters, or regulations promulgated or any publication published by the State or any political subdivision; provided, however, such documents shall be changed to reflect the provisions of this section in subsequent revisions.

(d) Nothing in this section shall constitute a requirement to change the name of any agency or program. Existing printed material may be utilized until such time as supplies are required to be replenished.

(e) Nothing in this section shall be construed as changing the application of any provision affected by this section to any person. This section does not apply where a reference to a particular word or phrase is required by federal law or regulation or state statute.
29 Del. C. § 2907 — Delaware Code / Title 29 / Chapter 29 / Section 2907
§ Â
        2907. Scope of audits.
Status: in_force

(a) An audit must provide reasonable assurance of all of the following:

(1) That efforts have been made to collect all moneys due the State.

(2) That all moneys collected or received by any employee or official have been deposited to the credit of the State.

(3) That all expenditures have been legal and proper and made only for the purposes contemplated in the funding acts or other pertinent regulations.

(b) An audit must be made in accordance with generally-accepted government auditing standards issued by the United States Government Accountability Office.
29 Del. C. § 9203 — Delaware Code / Title 29 / Chapter 92 / Subchapter II / Section 9203
§ Â
        9203. Local land use planning actions subject to review process.
Status: in_force

(a) All projects meeting any 1 of the following criteria shall undergo a pre-application meeting and review process as set forth in this chapter:

(1) Major residential subdivisions with internal road networks and more than 50 units, excluding previously recorded residential subdivisions of any size which have not been sunsetted.

(2) Any nonresidential subdivision involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential subdivision regardless of floor area size, or any site plan review involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential site plan review regardless of floor area size. Notwithstanding this paragraph (a)(2), economic development projects are exempt from the pre-application meeting and review process, unless required by a local jurisdiction, through a memorandum of understanding between a local jurisdiction and the Office of State Planning Coordination or by ordinance.

(3) Rezonings, conditional uses, site plan reviews and/or subdivisions, within environmentally sensitive areas, as identified within any local jurisdiction’s comprehensive plan as certified under § 9103 of this title.

(4) Annexations inconsistent with the local jurisdiction’s comprehensive plan as certified under § 9103 of this title.

(5) Applications for rezoning if not in compliance with the local jurisdiction’s comprehensive plan as certified under § 9103 of this title.

(6) Any other project which is required to be referred to the State for pre-application review by local jurisdiction regulations.

(7) Any local land use regulation, ordinance or requirement referred to the Office of State Planning Coordination by a local jurisdiction for the purpose of providing the jurisdiction with advisory comments. The land use regulations, ordinances or requirements that are to be referred to the Office of State Planning Coordination may be specified in a jurisdiction’s Memorandum of Understanding.

(8) County and municipal comprehensive plans as required by Titles 9 and 22.

(b) Any applicant may voluntarily request to participate in the pre-application review process and shall make such requests in writing to the Office of State Planning Coordination.
29 Del. C. § 8238 — Delaware Code / Title 29 / Chapter 82 / Section 8238
§ Â
        8238. Division of Forensic Science.
Status: in_force

The Division of Forensic Science is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Office of the Chief Medical Examiner and duties of the medical examiners and Forensic Science Laboratory, as set forth in Chapter 47 of this title.
29 Del. C. § 4707 — Delaware Code / Title 29 / Chapter 47 / Section 4707
§ Â
        4707. Postmortem examination; autopsy reports.
Status: in_force

(a) When the cause of death shall have been established within reasonable medical certainty by a Medical Examiner, the Medical Examiner shall prepare a written report and file it in the Division of Forensic Science within 90 days after an investigation of such death.

(b) If, however, in the opinion of the Medical Examiner an autopsy is necessary in the public interest or as shall be requested by the Attorney General, the same shall be performed by the Chief Medical Examiner, an Assistant Medical Examiner or by such other competent pathologists as may be designated by the Chief Medical Examiner. No person who authorizes or performs an autopsy pursuant to this chapter shall be liable in any civil action for damages.

(c) A detailed report of the findings written during the progress of the autopsy, related laboratory analysis and the conclusions drawn therefrom shall be filed in the Division of Forensic Science.

(d) Promptly upon the conclusion of the postmortem examination, the body of the decedent shall be released to such person as shall be designated by a member of the decedent’s immediate family, preferably the next of kin or by an appropriate representative of the decedent’s estate.

(e) Upon written request the next of kin of the deceased shall receive a copy of the postmortem examination report, the autopsy report and the laboratory reports, unless there shall be a criminal prosecution pending in which case no such reports shall be released until the criminal prosecution shall have been finally concluded. The charge for completion of an insurance form for proof of death shall be $5.00.
29 Del. C. § 5214 — Delaware Code / Title 29 / Chapter 52 / Section 5214
§ Â
        5214. Coverage for insulin pumps.
Status: in_force

(a) For purposes of this section, “insulin pump” means a small, portable medical device that is approved by the U.S. Food and Drug Administration to provide continuous subcutaneous insulin infusion.

(b) The plan shall provide coverage for a medically-necessary insulin pump at no cost to a covered individual, including deductible payments and cost-sharing amounts charged once a deductible is met.
29 Del. C. § 308 — Delaware Code / Title 29 / Chapter 3 / Section 308
§ Â
        308. State flower.
Status: in_force

The peach blossom, as originally adopted as the floral emblem of the State on May 9, 1895, shall be the official state flower.
29 Del. C. § 505 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 505
§ Â
        505. Storage and protection of public records.
Status: in_force

(a) All public records of this State and the political subdivisions thereof shall be kept in facilities maintained by the agencies and offices responsible for the creation and maintenance of such records, unless the consent of the Delaware Public Archives is obtained for their transfer or storage elsewhere.

(b) The chief administrative officer responsible for maintaining an office or offices wherein public records are created or kept shall establish such safeguards against damage, removal or loss of records as the chief administrative officer shall deem necessary and as may be required by rules and regulations issued under authority of this chapter. Such safeguards shall include but are not limited to notifying all officials and employees of the requirements and penalties of this chapter.
29 Del. C. § 6975 — Delaware Code / Title 29 / Chapter 69 / Subchapter V / Section 6975
§ Â
        6975. Monitoring and reporting.
Status: in_force

(a) During the term of each performance contract, the qualified provider shall monitor the reductions in energy consumption and cost-savings attributable to the cost-savings measures installed through the performance contract, and shall, no less than annually, prepare and provide a report to the governmental unit documenting the performance of the cost-savings measures to the governmental unit.

(b) The agency and qualified provider may agree to base the measurement and verification of the performance contract on the practices outlined by the International Performance Measurement and Verification Protocol when appropriate.
29 Del. C. § 10131 — Delaware Code / Title 29 / Chapter 101 / Subchapter IV / Section 10131
§ Â
        10131. Hearings; notice.
Status: in_force

(a) Hearings relating to licenses may be held at a time fixed in the discretion of the agency unless timely requested by a party or required by law or regulation.

(b) Whenever an agency proposes to grant, renew or extend a license, it may do so without notice unless a law or regulation requires notice and opportunity for a hearing.

(c) Whenever an agency proposes to deny an application for a license, timely and properly made, or to revoke, suspend, annul or withdraw a license or where it is required by law or regulation to give notice, it shall first give written notice to the licensee or applicant of the intended action and the reasons therefor. The form of the notice shall comply as far as practicable with § 10122 of this title, except that instead of setting a hearing date, it may afford the party at least 10 days to request a hearing.

(d) Notice of a hearing shall be given at least 20 days before the day it is to be held.
29 Del. C. § 5314 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5314
§ Â
        5314. Board of Pension Trustees.
Status: in_force

The Board of Pension Trustees, established by §  8308 of this title, shall be responsible for the general administration of this chapter in accordance with Chapter 83 of this title.
29 Del. C. § 9152 — Delaware Code / Title 29 / Chapter 91 / Subchapter V / Section 9152
§ Â
        9152. Delaware Population Consortium.
Status: in_force

(a) The Delaware Population Consortium (“Consortium”) shall annually prepare, review, and revise a comprehensive set of population projections for the State, each county, and each incorporated municipality.

(b) The projections must provide as much detail as feasible within given methodological and financial constraints.

(c) All state agencies, counties, municipalities, and school districts must use the Consortium’s projections for planning and policy purposes. If a population estimate is not available for a given year, state agencies, counties, municipalities, and school districts must use either the most recent Consortium projections or the most recent population estimates prepared by the United States Census Bureau, whichever contains the higher population estimate.

(d) The Consortium shall make its projections, and other related demographic information it prepares, available to the public.

(e) The Consortium shall act in an advisory capacity to the state census statistical area committees.

(f) The Consortium shall act as the advisory board for the Delaware Census State Data Center.

(g) The Consortium may perform such other functions and create supplementary materials which are deemed appropriate by Consortium members, including the following:

(1) Create seasonal population projections estimates for resort areas.

(2) Serve as a focus group for population projection estimates at other levels, including planning districts and traffic analysis zones.

(h) The Consortium must be governed by a set of by-laws drafted by the membership and approved by â  of the voting members. The by-laws must include all of the following:

(1) The election and terms of officers.

(2) The powers and duties of each officer.

(3) The procedures governing meetings of the Consortium.

(i) The voting members of the Consortium are the following:

(1) A representative from the Office of State Planning Coordination, appointed by the State Planning Coordinator.

(2) A representative from the New Castle County Government, appointed by the County Executive.

(3) A representative from the Kent County Government, appointed by the County Administrator.

(4) A representative from the Sussex County Government, appointed by the County Administrator.

(5) Representatives from each of the federally-designated metropolitan planning organizations (“MPO”) functioning in Delaware, appointed by the Executive Director of each MPO.

(6) Representatives from each incorporated municipality over 20,000 persons, appointed by the Mayor or highest elected official in each jurisdiction.

(7) A representative from the Department of Labor, appointed by the Secretary of the Department.

(8) A representative from the Department of Education, appointed by the Secretary of the Department.

(9) A representative from the Department of Transportation, appointed by the Secretary of Department.

(10) A representative from the Department of Health and Social Services, appointed by the Secretary of the Department.

(11) A representative from the Delaware State Housing Authority, appointed by the Director.

(12) A representative from the Department of Safety and Homeland Security, appointed by the Secretary of the Department.

(13) A representative from the Delaware League of Local Governments, appointed by the President of the Delaware League of Local Governments.

(14) A representative from the Sussex County Association of Towns, appointed by the President of the Sussex County Association of Towns.

(j) To ensure and encourage open dialogue, information sharing, and enhancement and refinement of the accuracy of the population projections, other interested persons may participate in the Consortium as nonvoting members.

(k) Quorum of the Consortium is a majority of the voting members.

(l) Meetings of the Consortium must be conducted under the requirements of the Freedom of Information Act, Chapter 100 of this title.
29 Del. C. § 802 — Delaware Code / Title 29 / Chapter 8 / Subchapter I / Section 802
§ Â
        802. Composition of the Senate; staggered terms.
Status: in_force

The Senate shall be composed of 21 members who shall be chosen to hold office for a term established under § 806 of this title. The State shall be divided into 21 senatorial districts, from each of which shall be chosen by the qualified electors thereof, 1 Senator.
29 Del. C. § 7808 — Delaware Code / Title 29 / Chapter 78 / Section 7808
§ Â
        7808. Period in which authority may be exercised.
Status: in_force

(a) An individual authorized to act as an emergency interim successor may exercise the powers and discharge the duties of an office as authorized by this chapter only after an emergency event has occurred.

(b) The General Assembly may, by concurrent resolution, terminate the authority of emergency interim successors to exercise the powers and discharge the duties of office as provided in this chapter.
29 Del. C. § 9307 — Delaware Code / Title 29 / Chapter 93 / Section 9307
§ Â
        9307. Assurance of availability of housing.
Status: in_force

(a) If a program or project undertaken by an agency cannot proceed on a timely basis because comparable replacement dwellings are not available, and the agency determines that such dwellings cannot otherwise be made available, the head of the agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The agency may use this section to exceed the maximum amounts which may be paid under §§ 9303 and 9304 of this title on a case-by-case basis for good cause as determined in accordance with such regulations as the agency shall issue.

(b) No person shall be required to move from a dwelling on account of any program or project undertaken by an agency unless the agency is satisfied that comparable replacement housing is available to such person.

(c) The agency shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:

(1) A major disaster as defined in § 102(2) of the Federal Disaster Relief Act of 1974 [42 U.S.C. § 5122];

(2) A national emergency declared by the President or a state of emergency declared by the Governor; or

(3) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person.
29 Del. C. § 6965 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6965
§ Â
        6965. Sole source procurement.
Status: in_force

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

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

(c) The agency shall negotiate with the single supplier, to the extent practicable, a contract advantageous to the agency. The agency shall enter into a formal contract stating the terms and conditions of the procurement.
29 Del. C. § 5530 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5530
§ Â
        5530. Withdrawal benefit.
Status: in_force

Upon the withdrawal from service of an employee who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the employee.
29 Del. C. § 9602 — Delaware Code / Title 29 / Chapter 96 / Section 9602
§ Â
        9602. State Employee Benefits Committee.
Status: in_force

(a) (1) The State Employee Benefits Committee (“Committee”) is comprised of the following voting members, or a designee selected by the member serving by virtue of position:

a. The Lieutenant Governor.

b. The Insurance Commissioner.

c. The Chief Justice of the Supreme Court.

d. The State Treasurer.

e. The Director of the Office of Management and Budget, who serves as chair.

f. The Secretary of the Department of Human Resources.

g. The Secretary of the Department of Health and Social Services.

h. Two residents of this State who are eligible pensioners under § 5201 of this title, 1 member appointed by the President Pro Tempore of the Senate and 1 member appointed by the Speaker of the House of Representatives.

i. Two members, 1 member appointed by the President Pro Tempore of the Senate and 1 member appointed by the Speaker of the House of Representatives, from among the following persons:

1. The President of the Delaware State Education Association or designee.

2. The Executive Director of the American Federation of State, County and Municipal Employees or designee.

3. The President of the Correctional Officers Association of Delaware or designee.

4. The President of the Delaware State Troopers Association or designee.

(2) The Controller General is a nonvoting member of the Committee and may designate the Deputy Controller General to attend meetings of the Committee or a subcommittee.

(3) a. Except as provided under paragraph (a)(3)b. of this section, the appointment term for a member of the Committee is for 2 years.

b. For the initial 2 members appointed under paragraph (a)(1)i. of this section, 1 member must be appointed for a 1-year term and 1 member must be appointed for a 2-year term.

(4) Beginning at the first meeting after January 1, 2025, the Committee shall annually elect a vice-chair. A member is eligible to serve as vice-chair of the Committee if all of the following apply:

a. The member is a voting member of the Committee.

b. The member does not serve as a cabinet secretary or as the equivalent rank within the executive branch.

(b) The Committee has the following powers, duties, and functions:

(1) With the exception of deferred compensation pursuant to Chapter 60A of this title, and any other investment or retirement savings plan, control and management of all employee benefit coverages including health-care insurance and blood bank, pursuant to Chapters 51 and 52 of this title; state employees group life insurance pursuant to Chapter 32 of Title 18; and all other currently existing and future employee benefits coverages, including but not limited to all forms of flexible benefits, dental, vision, prescription, long-term care and disability coverages.

(2) Selection of all carriers or third-party administrators necessary to provide coverages to State employees and eligible pensioners.

(3) Authority to contract on an insured or self insured basis.

(4) Authority to adopt rules and regulations for the general administration of the employee benefit coverages.

(5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of assisting in the general administration of this section.

(c) All members of the Committee and all legal, actuarial and administrative personnel shall be entitled to reimbursement for those travel and other expenses made necessary by their official duties that are approved by the Director of Statewide Benefits.

(d) The Committee shall hold regular meetings at least once every 6 months. Meetings of the Committee and subcommittees are open to the public and must be in accordance with Chapter 100 of this title.

(1) a. A quorum of the Committee is a majority of its voting members. If the Committee is holding a virtual meeting, the chair or vice-chair must attend the meeting at the anchor location.

b. A quorum of a subcommittee is a majority of its voting members.

1. The chair of a subcommittee must be a voting member of the Committee.

2. If a subcommittee is holding a virtual meeting, the chair or vice-chair must attend the meeting at the anchor location.

(2) a. Appointed members may not attend Committee meetings through a designee.

b. Except for meetings of the Retiree Healthcare Benefits Advisory Subcommittee under § 9604(a) of this title, appointed members may attend subcommittee meetings through a designee.

c. A member of the Committee with the ability to designate another individual to attend a meeting must provide the designation in writing to the chair. An individual attending a meeting for a member as a designee has the same duties and rights as the member.

(3) a. Official action by the Committee requires the approval of a quorum of the Committee.

b. Official action by a subcommittee, including making findings and recommendations, requires the approval of a quorum of the subcommittee.

(4) For purposes of approving a request for proposals to select a carrier or third-party administrator for the health care insurance plan for State employees or eligible pensioners, all of the following apply:

a. The Committee must approve the request for proposals by a vote of the Committee during a public meeting under § 10004 of this title.

b. The Committee must provide the meaningful opportunity for public comment required under § 10004(a)(2) of this title before the vote under paragraph (d)(4)a. of this section.

c. The draft request for proposals prepared for the meeting under this paragraph (d)(4) is a public record under § 10002 of this title and must be included with the notice and agenda under § 10004(e)(2) of this title.
29 Del. C. § 8006 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8006
§ Â
        8006. Council on Game and Fish.
Status: in_force

(a) There is established the Council on Game and Fish.

(b) The Council on Game and Fish shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the protection, conservation and propagation of all forms of fish and protected wildlife of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Game and Fish shall be composed of 9 members who shall be appointed for 3-year terms by the Governor.

(d) At least 4, but no more than 5, of the members of the Council shall be affiliated with 1 of the major political parties. At least 3, but no more than 4, of the members of the Council shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council.

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

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

(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. § 6302 — Delaware Code / Title 29 / Chapter 63 / Subchapter I / Section 6302
§ Â
        6302. Composition of the Budget Commission.
Status: in_force

There shall be a Budget Commission which shall consist of the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer and the Secretary of Finance.
29 Del. C. § 9011D — Delaware Code / Title 29 / Chapter 90D / Section 9011D
§ Â
        9011D. Division of Training and Human Resource Solutions.
Status: in_force

(a) The Division of Training and Human Resource Solutions of the Department of Human Resources is hereby established having powers, duties, and functions as follows:

(1) To assume the central leadership role for the Executive Branch over matters relating to employee training common across agencies, including leadership training, and designate staff to administer training programs for state managers, supervisors and employees.

(2) Statewide training programs may be supported with funds generated from fees for agencies participating in programs provided by the Department of Human Resources. The Department of Human Resources may set charges to sustain or create training programs with the funds placed in an appropriated special fund account.

(3) The Division shall administer special training funds and associated programs for the benefit of state employees including the Blue Collar Training Program funds under § 3402(b)(2)b. of Title 19 to fund career training for state employees, and Chapter 60B of this title, First State Quality Improvement Fund.

(4) Establish and maintain statewide recognition programs pursuant to Chapter 59 of this title.

(5) Administer the Delaware Learning Center (DLC), the State’s enterprise learning management system, and the DLC Support Portal across executive, legislative, and judicial branches.

(6) Leads DHR technology and special projects at the discretion of the Secretary of the Department of Human Resources in support of the centralized service delivery human resource services to the executive branch agencies.

(b) The Director of Training and Human Resource Solutions shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
29 Del. C. § 7310 — Delaware Code / Title 29 / Chapter 73 / Section 7310
§ Â
        7310. Judicial review and enforcement.
Status: in_force

(a) Any person aggrieved by a final order of the Board may appeal pursuant to the Administrative Procedures Act, Chapter 101 of this title.

(b) Whenever the Board has evidence that any person has violated or is violating any provision of this chapter or the Board’s standards, the Board shall notify the alleged violator and by informal negotiation attempt to resolve the problem. Such notice shall contain a date upon which the Board will next meet, at which time the person so notified may hear in its entirety the basis of the Board’s finding. The Board and the person so notified shall attempt to agree upon a solution for compliance, which shall prescribe the action necessary to achieve compliance.

(c) If no solution for compliance is agreed upon, or if the alleged violation continues, the Board shall refer the matter to the Attorney General, who may institute appropriate legal proceedings, including an action for an injunction or temporary restraining order to enjoin violations of the chapter or the Board’s standards.

(d) Any person with a disability or groups of persons with disabilities may bring an action for legal or equitable relief from violations of this chapter and the Board’s standards and may be awarded compensatory and punitive damages suffered as a result of such violations. If successful in such litigation, the persons with disabilities bringing the litigation shall be reimbursed for all costs and expenses of the litigation, including attorneys’ fees as may be allowed by the Court.

(e) The Superior Court in and for the county for in which alleged violation occurred shall have jurisdiction of civil actions under this section. The Court of Chancery in and for the county in which the alleged violation occurred shall have jurisdiction over actions for injunctive relief.

(f) Any person who violates any provision of this chapter or any standard or order of the Board shall be subject to a civil penalty not to exceed $500 for each day such violation continues.

(g) No action hereunder may be commenced after the expiration of 2 years from the completion of the construction of any facility or alteration thereto.
29 Del. C. § 1107 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1107
§ Â
        1107. Duties of the Director of the Division of Legislative Services.
Status: in_force

(a) The Director of the Division of Legislative Services (“Director”) shall:

(1) Organize and supervise the Division of Legislative Services;

(2) Submit and publish such reports as the Council directs;

(3) Employ or engage assistants, stenographers and other persons or research agencies, subject to the approval of the Council;

(4) Assist any member of the General Assembly with respect to present or prospective legislation within the limits of the Director’s staff and budget.

(b) The Director shall be the Secretary of the Council. The Director shall prepare the agenda for meetings pursuant to the direction of the Chairperson. The Director shall cause to be kept the minutes of the Council and shall submit a copy thereof to the members of the General Assembly within 15 days of each meeting of the Council.
29 Del. C. § 4317 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4317
§ Â
        4317. Authority to perform notarial act.
Status: in_force

(a) A notarial officer may perform a notarial act authorized by this subchapter or by law of this State other than this subchapter.

(b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

(c) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
29 Del. C. § 5219 — Delaware Code / Title 29 / Chapter 52 / Section 5219
§ Â
        5219. Services related to the termination of pregnancy.
Status: in_force

The plan shall provide coverage for services related to the termination of pregnancy. Such coverage may not be subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and must cover the full scope of services permissible under the law.
29 Del. C. § 10121 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10121
§ Â
        10121. Application of subchapter.
Status: in_force

This subchapter shall apply to all agency case decisions except:

(1) Decisions relating to the assessment of taxes or tax penalties made by the Tax Appeals Board; or

(2) Temporary restraining orders and similar orders authorized by law to be issued summarily.
29 Del. C. § 1710 — Delaware Code / Title 29 / Chapter 17 / Section 1710
§ Â
        1710. Place of meeting of the General Assembly.
Status: in_force

If in anticipation of, during, or after an emergency event, the Governor deems the place of session of the General Assembly then prescribed to be unsafe, the Governor may change it to any place within or without the State which the Governor deems safer and convenient.
29 Del. C. § 6967 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6967
§ Â
        6967. Requirement of occupational and business license [For application of (b) and (c), see 79 Del. Laws, c. 401, Ââ4].
Status: in_force

(a) All contractors, subcontractors and independent contractors shall have a proper and current occupational and/or business license, as required by Title 30, to enter or perform work under a public works contract. It is the responsibility of a contractor to verify and make a record that all subcontractors or independent contractors working for such contractor pursuant to a public works contract shall have their occupational and/or business licenses, as required by Title 30.

(b) No agency shall accept a proposal for a public works contract unless such contractor has provided a proper and current copy of its occupational and/or business license, as required by Title 30, to such agency.

(c) Any contractor that enters a public works contract must provide to the agency to which it is contracting, within 30 days of entering such public works contract, copies of all occupational and business licenses of subcontractors and/or independent contractors that will perform work for such public works contract. However, if a subcontractor or independent contractor is hired or contracted more than 20 days after the contractor entered the public works contract the occupational or business license of such subcontractor or independent contractor shall be provided to the agency within 10 days of being contracted or hired.

(d) Any contractor, subcontractor or independent contractor that does not have a proper and current occupational and/or business license, as required by Title 30, while working under a public works contract shall be subject to a civil penalty not to exceed $1,000. Such penalty shall be enforced by the Director of Revenue and administered in accordance with Chapters 3 and 5 of Title 30. This penalty shall be in addition to any other penalties imposed pursuant to Title 30.
29 Del. C. § 5834 — Delaware Code / Title 29 / Chapter 58 / Subchapter IV / Section 5834
§ Â
        5834. Compensation of lobbyist not to be substantially dependent on outcome of legislative or administrative action.
Status: in_force

No person shall employ a lobbyist nor shall any person be employed as a lobbyist pursuant to any compensation agreement that permits more than half of the compensation to be paid to such a lobbyist to be dependent upon the outcome of any legislative or administrative action.
29 Del. C. § 8764A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8764A
§ Â
        8764A. Bonds as legal investments for institutions and fiduciaries.
Status: in_force

Bonds issued under this subchapter are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks or societies, trust companies, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control. State-guaranteed bonds are made securities which may properly and legally be deposited with and received by any officer of the State, or of any county, municipality or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
29 Del. C. § 5117 — Delaware Code / Title 29 / Chapter 51 / Section 5117
§ Â
        5117. Employees neither supplied with, nor reimbursed for, parking expenses associated with commutation to work; exceptions.
Status: in_force

(a) No state agency may rent parking spaces for employees’ or state officials’ private vehicles. It is the intent of this section to clearly establish that state employees are liable for the full cost of commuting to and from work, including the cost of parking, and that the State will not participate in the payment of any of that commuting cost, including parking costs.

(b) This section does not alter the existing policy of reimbursing employees for expenses incurred while traveling on state business.

(c) Subsection (a) of this section shall not apply to the use of rented parking spaces, as part of an approved employee recognition program established pursuant to § 5950 of this title.

(d) Subsection (a) of this section shall not apply to any commuter benefit approved by the Department of Transportation pursuant to subchapter V of Chapter 20 of Title 30.
29 Del. C. § 7909 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7909
§ Â
        7909. Behavioral Health Planning and Advisory Council.
Status: in_force

(a) The Advisory Council to the Division of Substance Abuse and Mental Health is hereby dissolved and reestablished as the Behavioral Health Planning and Advisory Council (“Council”) to assume the functions of the Advisory Council to the Division of Substance Abuse and Mental Health and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.

(b) The Council shall do all of the following:

(1) Review plans provided by the Division pursuant to Title XIX of the Public Health Service Act (42 U.S.C. § 300x-4(a)) to the Council and submit to the Division any recommendations of the Council for modifications to the plans.

(2) Serve as an advocate for adults and children with serious mental illness, children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems.

(3) Monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State.

(c) The Council may study, research, plan, and advise the Governor, General Assembly, Secretary, and Director on matters related to behavioral health as it deems appropriate.

(d) The Council shall be comprised of 17 members as follows:

(1) The following individuals serve by virtue of position who may appoint a designee:

a. Director of the Division of Substance Abuse and Mental Health.

b. Secretary of the Department of Education.

c. Director of the Division of Vocational Rehabilitation.

d. Secretary of the Department of Safety and Homeland Security.

e. Director of the Delaware State Housing Authority.

f. Director of the Division of Social Services.

g. Director of the Division of Prevention and Behavioral Health Services.

(2) The following shall be appointed by the Governor:

a. A licensed medical provider of mental health services.

b. 9 individuals who are not employees of the State or providers of mental health care, as follows:

1. Two individuals with severe mental illness who are receiving, or have received, mental health services.

2. Two individuals with a substance use disorder who are receiving, or have received, mental health services.

3. A family member of an individual in recovery.

4. Three parents or guardians of children with a substance use disorder or serious emotional disturbance.

5. An individual who advocates on behalf of those with behavioral health issues.

(e) Members appointed by the Governor shall serve for a term of up to 3 years. The terms of no more than 3 members shall expire in the same year.

(f) The Director of the Division of Substance Abuse and Mental Health shall serve as the temporary chair, and shall set the date, time, and place for the initial organizational meeting where the members of the Council shall elect a Chair and Vice-Chair from among the members. The Vice-Chair’s duty shall be to act as Chair in the absence of the Chair.

(g) The Council may adopt bylaws for operating procedures including the election of officers, the conducting of meetings, and other matters to promote the efficient operation of the Council in the performance of its duties under this section.

(h) Members of the Council shall serve without compensation; however, members may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council.

(i) A majority of the membership of the Council shall constitute a quorum. A vacant position is not counted for quorum purposes.

(j) Administrative support for the Council shall be provided by the Division of Substance Abuse and Mental Health.

(k) The Council is a “public body,’' as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29.

(l) The Council is designated as Delaware’s State Mental Health Planning Council under Title XIX of the Public Health Service Act (42 U.S.C. § 300x).
29 Del. C. § 8920 — Delaware Code / Title 29 / Chapter 89 / Subchapter II / Section 8920
§ Â
        8920. Purpose.
Status: in_force

The purpose of this subchapter is to establish a mandatory drug testing program for certain Department of Correction employees who hold positions that are directly related to public safety and the security of our correctional institutions and probation operations.