29 Del. C. § 6923 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6923
§ Â
        6923. Competitive sealed bidding.
Status: repealed

(a) Applicability. — Any state contract except for lodging and interstate and international travel and for which an agency is a party for materiel or nonprofessional services, whose annual probable cost is greater than the threshold amount or amounts set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title, shall be made only through the use of competitive sealed bids.

(b) Advertising requirements. — (1) If the probable cost of the materiel or nonprofessional services estimated to annually exceed the threshold amount or amounts set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title, the procurement shall be made only after public announcement and the receipt of sealed bids as provided for in this subchapter. The announcement for such bids shall be published for 2 consecutive weeks unless a shorter advertisement period has been approved by the Section director. Public advertising shall require electronic publication accessible to the public in a manner prescribed pursuant to § 6902(12) of this title for 2 consecutive weeks unless a shorter advertisement period has been approved by the Section director.

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

(c) Bid openings. — (1) Bids shall be opened publicly at the time and place designated in the invitation to bid. The main purpose of the bid opening is to reveal the name(s) of the bidder(s), not to serve as a forum for determining the low bidder(s). The disclosure of additional information, including prices, shall be at the discretion of the procuring agency until such time that the responsiveness of each bid has been determined.

(2) The contract shall be awarded within 30 calendar days of the bid opening to the lowest responsive and responsible bidder whose bid conforms in all material respects to the requirements and criteria set forth in the invitation to bid, except that in the case of a public school district and its board or designee or the Department of Education, the contract shall be awarded within 60 days thereafter.

(3) The bids, bid summaries and bid tabulations shall not be open for public inspection until after receipt of a fully executed contract. Bids shall be unconditionally accepted without alteration. Bids shall be evaluated based on the requirements set forth in the invitation to bid. No criteria may be used in bid evaluations that are not set forth in the invitation to bid. After bid opening, no corrections in bid prices or other provisions of bids prejudicial to the interests of this State or fair competition shall be permitted.

(d) Vendor eligibility. — (1) A firm may be required to have a valid State of Delaware business license prior to the execution of an agency contract.

(2) Vendors are responsible for reviewing all public advertisements which announce the invitation to bid for an agency contract.

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

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

(5) No cause of action shall accrue from any good faith effort to contact and distribute invitations to bid, amendments to invitations to bid as well as all correspondence utilizing the agency’s vendor eligibility list.

(6) [Repealed.]

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

(2) The invitation to bid shall include the following:

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

b. The description, specifications, evaluation criteria, delivery or performance schedule and inspection and acceptance requirements for the contract; and

c. The contract terms and conditions, including, but not limited to, warranty and bonding or other security requirements, as applicable.

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

(4) An invitation to bid may require the submission of bid samples, descriptive literature and technical data and may require inspection or testing of a product before award.

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

(f) Pre-bid conferences. — An agency may conduct a pre-bid conference within a reasonable time but not less than 7 days before a bid opening to explain the requirements of an invitation to bid. An agency may require mandatory attendance by bidders at such pre-bid conferences to qualify as a responsible and responsive bidder. Statements made at the pre-bid conference shall not be considered amendments to the invitation to bid unless a written amendment is issued pursuant to subsection (g) of this section.

(g) Amendments to invitations to bid. — (1) An amendment to an invitation to bid shall be issued to:

a. Make changes in the invitation to bids;

b. Correct defects or ambiguities in the invitation to bid; and/or

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

(2) Amendments to invitations to bid shall be made publicly available.

(3) [Repealed.]

(h) Withdrawal of bids. — (1) A bidder may withdraw its bid at any time before bid opening if the withdrawal is received in writing before the bid opening at the location designated in the invitation for bids for receipt of bids. A bidder or its authorized representative may withdraw its bid in person if, before the bid opening, the identity of the person requesting withdrawal is established and that person signs a receipt for the bid.

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

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

(i) Late bids and late modifications. — (1) A bid or withdrawal of a bid is late if it is received at the location designated in the invitation to bid for receipt of bids after the time and date set for bid opening.

(2) Bidders submitting bids or withdrawals of bids that are late shall be notified as soon as practicable and the bid shall be returned unopened.

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

(j) Receipt, opening and recording of bids. — (1) Except as provided in paragraph (j)(2) of this section, each bid shall be time stamped upon receipt and stored by the agency unopened in a secure place until the time and date set for bid opening. Bids received electronically shall remain unopened by the agency until the time and date set for the bid opening.

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

(3) Bids shall be opened publicly and in the presence of 1 or more witnesses at the time, date and location designated in the invitation. Bid information shall be disclosed at the public opening pursuant to paragraph (c)(1) of this section. The bid information made available at the public opening shall be recorded on a bid abstract. The name of the required witness shall also be recorded. The bid abstract shall be available for public inspection.

(4) Bids shall not be available for public inspection before receipt of a fully executed contract pursuant to paragraph (c)(3) of this section. After contract award, the bids shall be available for public inspection, except to the extent that withholding of information is permitted by Chapter 100 of this title or otherwise permitted or required by law. If the bidder designates a portion of its bid as confidential, it shall isolate and identify in writing the confidential portions. The bidder shall include with this designation a statement that explains and supports the firm’s claim that the bid items identified as confidential contain trade secrets or other proprietary data.

(k) Bid evaluation and award. — (1) The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the invitation to bid. If the invitation to bid so provides, award may be made by individual line item, by group of line items, by county, zone or any other way designated by the agency or for the aggregate total of all line items; otherwise award shall be made in lump sum. A formal contract shall be executed with the successful bidder within 20 days after the award of the contract.

(2) A contract may be awarded to a firm other than the lowest responsible and responsive bidder if, in the opinion of the agency, the interests of the State shall be better served by awarding the contract to some other bidder provided the agency head makes a written determination of the reason or reasons for granting the contract to a firm other than the lowest responsible and responsive bidder.

(3) A product acceptability evaluation may be conducted to determine whether a bidder’s product meets the bid specifications. Any bidder’s offer that does not meet the bid specifications shall be rejected as nonresponsive.

(4) Bids shall be evaluated to determine which bidder offers the lowest cost to the agency in accordance with the evaluation criteria set forth in the invitation to bid. Only objectively measurable criteria that are set forth in the invitation to bid shall be applied in determining the lowest bidder. Examples of such criteria include, but are not limited to, transportation cost, energy cost, ownership cost and other identifiable costs. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible, the evaluation factors shall be reasonable estimates based upon information the agency has available concerning future use. Prior unsatisfactory performance on a State contract by a bidder may be included in the evaluation criteria to determine if a bidder is responsible.

(5) A contract may not be awarded to a bidder submitting a higher quality item than that designated in the invitation for bids unless the bidder is also the lowest bidder as determined under this section. The agency may seek clarification of a bid, but negotiations are not permitted with any bidder.

(6) If 2 or more responsible firms bid an equal amount and such amount is the lowest bid, the agency may award the contract to any 1 of them or reject all bids consistent with the provisions of this section.

(7) A record showing the basis for determining the successful bidder shall be retained in the agency procurement file.

(8) A written notice of award shall be sent to the successful bidder. For procurement greater than the threshold amount or amounts set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title, each unsuccessful bidder shall be notified of the award. Notice of award shall be made available to the public.

(l) Only 1 bid received. — (1) If only 1 responsive bid is received to an invitation for bids, an award may be made to the single bidder if the agency determines that:

a. The price submitted is fair and reasonable and other prospective bidders had reasonable opportunity to respond; or

b. There is not adequate time for re-solicitation.

(2) If only 1 responsive bid is received and the bid is rejected, the agency may:

a. Solicit new bids; or

b. Cancel the proposed procurement.

(m) Cancellation of invitation to bid. —

An invitation to bid or other solicitation may be canceled or any or all bids may be rejected in whole or in part if it is in the best interest of the State. The reasons for the cancellation or rejection shall be made part of the procurement file.

(1) If an invitation to bid or other solicitation is canceled prior to the opening of bids, a notice of cancellation shall be publicly posted and made available to all bidders.

(2) Any bids that have been received shall be returned unopened to the bidders.

(3) Any electronic bids received shall be deleted by the agency and notice of the cancellation sent to those bidders.

(n) Rejection of individual bids. — A bid may be rejected if:

(1) The bidder is determined to be nonresponsive pursuant to subsection (o) of this section; or

(2) The bid is nonresponsive or not responsible in accordance with subsection (k) of this section; or

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

Bidders whose bids are rejected under this section shall be notified in writing about the rejection. Record of the rejection shall be made part of the procurement file.

(o) Responsiveness of bidders. — An agency shall determine that a bidder is responsive before awarding a contract to that bidder. Factors to be considered in determining if a bidder is responsible include:

(1) The bidder’s financial, physical, personnel or other resources, including subcontracts;

(2) The bidder’s record of performance and integrity;

(3) Whether the bidder is qualified legally to contract with the State; and

(4) Whether the bidder supplied all necessary information concerning its responsiveness.

The agency may establish specific responsibility criteria for a particular procurement. Specific responsibility criteria shall be set forth in the solicitation. If an agency determines that a bidder is nonresponsive and/or, not responsible the determination shall be in writing and set forth the basis for the determination. A copy of the determination shall be promptly sent to the affected bidder. The final determination shall be made part of the procurement file.

(p) Electronic bid submission. — (1) If the Office or an agency determines that an electronic bid submission is advantageous, the Office or the agency may use electronic bidding to obtain bids for the purchase of goods and nonprofessional services.

(2) The solicitation must designate that the procurement method will be an electronic bid submission, a schedule of bid activities, and an electronic mail account to which the bidding response must be sent.

(3) The Section’s or the agency’s representative and a witness shall open the e-mail account immediately after the closing date and time; record the vendors that submitted bids, the date and time submitted, the bids, and associated prices; and prepare a bid tabulation of all responsive vendors for review.

(q) Reverse auction. —

(1) When the Section determines that a reverse auction is advantageous, the Section may use the reverse auction bidding method to obtain bids for the purchase of goods and nonprofessional services.

(2) The solicitation must designate both an opening date and time and a closing date and time. The closing date and time need not be a fixed point in time but may remain dependent on a variable or variables specified in the solicitation. At the opening date and time, the Section must begin accepting real-time, on-line bids. The solicitation must remain open until the closing date and time, as may be determined by a variable or variables specified in the solicitation.

(3) The Section may require bidders to register before the opening date and time and, as part of that registration, to agree to any terms, conditions or other requirements of the solicitation.

(4) a. Following receipt of the first bid after the opening date and time, all bid prices must be posted electronically to the Internet and updated on a real-time basis. At any time before the closing date and time, a bidder may lower the price of its bid, as long as its bid price is less than the then-current bid. A bidder’s lowest bid price supersedes the bidder’s prior higher bid price. Bid prices may not be increased any time after the opening date and time. All bids are binding and may not be withdrawn unless the bid price entered by the bidder is entered incorrectly. If a price entered by the bidder is in error, the bidder must correct the bid within the time period and manner specified in the solicitation.

b. After the Section closes the bid, the bidder may request, in writing via an electronic mail message to the Section as specified in the solicitation, that its respective bid be withdrawn. Such a request may be allowed only upon the approval of the Section. If withdrawal of a bid after the Section closes the bid is permitted or denied, the Section shall prepare a written determination showing that the request was permitted or denied along with the reasons for such determination.

c. If the lowest responsive bid is withdrawn after the closing date and time, the Section may cancel the solicitation or reopen on-line real time bidding to all preexisting bidders by giving notice to all preexisting bidders of both the new opening date and time and the new closing date and time. Notice that electronic bidding will be reopened must be given as specified in the solicitation.

(5) Receipt and safeguarding of bids. Other than price, any information provided to the Section by a bidder must be safeguarded as required by § 6923(j)(4) of this title.

(r) On-line bidding method. —

If the Office or an agency determines that an on-line bidding method is beneficial, the Office or the agency may use an on-line bidding method to obtain and evaluate bids for the purchase of goods and nonprofessional services.
29 Del. C. § 8006A — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8006A
§ Â
        8006A. Council on Recreational Fishing Funding.
Status: in_force

(a) There is established the Council on Recreational Fishing Funding.

(b) The Council on Recreational Fishing Funding shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relative to funding of fishery-related projects as related to 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.

(c) The Council on Recreational Fishing Funding shall be composed of 10 members as follows:

(1) Six members appointed by the Governor;

(2) One member appointed by the President Pro Tempore of the Senate;

(3) One member appointed by the Speaker of the House;

(4) The President of the Delaware Mobile Surf Fisherman Association or a designee appointed by the President;

(5) The Director of the Division of Fish and Wildlife or a designee appointed by the Director to serve as an ex-officio nonvoting member.

(d) Appointments made by the Governor shall be appointed for a 3-year term and all other members shall serve at the pleasure of the appointing authority.

(e) The Council shall elect a Chair and Vice Chair.

(f) The Division ex-officio nonvoting member shall prepare minutes of each Council meeting. These minutes must be approved by a quorum of Council members in order to be official.

(g) All 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 from the fishing license account.

(h) The Council shall meet no less than once per year. The Council shall provide nonbinding advice to the Department on fishery related construction priorities for the expenditure of funds generated from the sale of recreational fishing licenses in the coming year.
29 Del. C. § 8736 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8736
§ Â
        8736. Division of Human and Civil Rights.
Status: in_force

(a) The Division of Human and Civil Rights is established, and shall be responsible for the performance of all the administrative, ministerial, fiscal and clerical functions of the Delaware Human and Civil Right Commission. The Director of the Division may appoint and remove employees of the Division as provided by law.

(b) Except as provided in subsection (a) of this section, the membership, remuneration, organization, meetings, powers, duties and functions of the Delaware Human and Civil Rights Commission shall remain as prescribed in Chapters 45 and 46 of Title 6 and Chapter 30 of Title 31.
29 Del. C. § 4820 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4820
§ Â
        4820. Rights and obligations of Director and video lottery agent relating to video lottery machines, sports lottery machines and table game equipment.
Status: in_force

(a) All video lottery machines, sports lottery machines and table game equipment shall be at all times subject to state control and the use of any such video lottery machines, sports lottery machines and table game equipment shall occur only with the approval of the Office. All video lottery machines and sports lottery machines shall be owned or leased by the State and shall be obtained from manufacturers licensed under § 4805(a)(17) of this title. All video lottery machines and sports lottery machines shall be leased or purchased under the procedures set forth in Chapter 69 of this title. All table game equipment shall be leased, purchased or used by a video lottery agent only upon the approval of the Office and from manufacturers licensed under § 4805(a)(17) of this title. Any video lottery agent must file with the Director a copy of any current or proposed agreement or disclose any other relationship between the agent, its parents, subsidiaries, related entities, directors, officers or key employees for the sale, lease, maintenance, repair or other assignment to the agent’s facility of video lottery machines, sports lottery machines and table game equipment, or any other relationship with any vendor, manufacturer or other party which stands to benefit financially from the possession or use of video lottery machines, sports lottery machines or table game equipment by such agent. Failure to file such information shall constitute grounds for the revocation or suspension of a license. The lottery may own or lease video lottery machines pursuant to this subsection that require the payment of an additional license or proprietary fees and the number of such license or proprietary fee machines at any licensed video lottery agent may not exceed more than 5% of the total number of video lottery machines at the licensed racetrack property unless the Director finds that an additional number of such machines are necessary to increase revenues, will not produce reductions in the overall net proceeds from the lottery, will protect the public welfare, and will ensure the security of the video lottery.

(b) (1) Upon submission by a video lottery agent of a proposed plan for the lease or purchase of video lottery machines in accordance with procedures to be established by the Director, the Lottery Director shall lease or purchase the number, type and kind of video lottery machines necessary for the efficient and economical operation of the lottery, or the convenience of the players and in accordance with the plan of the licensee, provided that no more than 2,500 video lottery machines shall be located within the confines of a racetrack property unless the Director recommends up to an additional 1,500 for each racetrack property, and further provided that the Director may recommend the amendment of such plan where the Director finds that such amendments are necessary to increase revenues, provided such amendments do not produce reductions in the overall net proceeds from the video lottery, protect the public welfare or ensure the security of the video lottery, provided that the maximum number of video lottery machines under this subsection shall not include video lottery machines at each racetrack used exclusively for promotional tournaments in which players are not required to pay any fee to participate. Such recommendations by the Lottery Director are subject to the approval of the Secretary of Finance. No more than 30 promotional tournament machines are permissible at each racetrack. The Director’s lease or purchase of video lottery machines under this subsection shall be pursuant to the procedures used for procurement under §§ 6981 and 6982 of this title.

(2) No refund of license fees shall be payable for any unexpired term of a license.

(c) Upon submission by a video lottery agent of a proposed plan for the lease or purchase of sports lottery machines in accordance with procedures to be established by the Director, the Lottery Director shall lease or purchase the number, type and kind of sports lottery machines necessary for the efficient and economical operation of the lottery, or the convenience of the players, and in accordance with the plan of the licensee, provided that the Director may recommend the amendment of such plan where the Director finds that such amendments are necessary to increase revenues, protect the public welfare or ensure the security of the video lottery. The Director’s lease or purchase of sports lottery machines under this subsection shall be pursuant to the procedures used for procurement under Chapter 69 of this title.

(d) Each video lottery agent shall be responsible for the security and safekeeping of the video lottery machines, sports lottery machines and table game equipment of which it has physical custody.

(e) The Director shall contract with an independent laboratory, which shall be licensed as a service company, to test video lottery machines, sports lottery machines and table game equipment and related equipment on a periodic basis to ensure that the machines and equipment comply with the requirements of this chapter and any other applicable standards and regulations. The manufacturer, vendor or lessor of such machines and equipment shall pay all costs associated with such testing.

(f) Each video lottery agent shall hold the Director and this State harmless from and defend and pay for the defense of any and all claims which may be asserted against the Director, the State or the employees thereof, arising from the participation in the games at a video lottery facility; specifically excluding, however, any claims arising from the negligence or wilful misconduct of the Director, the State or the employees thereof.

(g) Each video lottery agent shall provide access to all records of the licensee and the physical premises of the business or businesses where the agent’s lottery activities occur for the purpose of monitoring or inspecting the agent’s activities and the lottery games, machines and associated equipment. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title.

(h) Prior to commencing the operations of any table game in a gaming area, a video lottery agent shall submit to the Office for its approval a detailed floor plan depicting the location of the gaming area in which table game equipment will be located, the proposed arrangement of the table game equipment, and sufficient area to be used by the Office and Division of Gaming Enforcement for their operations at the video lottery facility. Within 30 days, the Office shall approve such plans that satisfy the rules and regulations promulgated by the Office and shall deny such other plans. Amendments to an approved floor plan shall be submitted to the Office for its approval, and the Office shall, within 15 days, approve such amendments that satisfy the rules and regulations promulgated by the Office and shall deny such other plans.
29 Del. C. § 2301 — Delaware Code / Title 29 / Chapter 23 / Section 2301
§ Â
        2301. Salary.
Status: in_force

The Secretary of State is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.
29 Del. C. § 311 — Delaware Code / Title 29 / Chapter 3 / Section 311
§ Â
        311. State fish.
Status: in_force

The weakfish (Cynoscion genus) is the official fish of the State.
29 Del. C. § 4003 — Delaware Code / Title 29 / Chapter 40 / Section 4003
§ Â
        4003. Organization; quorum.
Status: in_force

(a) The Commission shall elect a Chair at its first meeting, to serve a 2-year term and the Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Commission shall elect a new Chair at its next meeting.

(b) The Chair of the Commission has all of the following duties:

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

(2) Supervising the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.

(c) If the Chair becomes vacant, the Secretary of State, or the Secretary’s designee, shall fulfill the duties of the Chair contained in subsection (b) of this section until a replacement is elected by the Commission.

(d) A majority of the membership of the Commission constitutes a quorum to conduct official business.
29 Del. C. § 4303 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4303
§ Â
        4303. Appointment of certain officers as notaries; term.
Status: in_force

The Governor shall appoint every person who is appointed to the office of justice of the peace and as Secretary of Finance also as a notary public. The Secretary of Finance shall only act as a notary public in connection with work performed in carrying out the duties of the office. The notary commission of any person appointed a notary public under this section shall terminate at the same time such person’s term of office terminates.
29 Del. C. § 9301 — Delaware Code / Title 29 / Chapter 93 / Section 9301
§ Â
        9301. Definitions.
Status: in_force

As used in this chapter:

(1) The term “agency” means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law.

(2) The term “business” means any lawful activity, except a farm operation, conducted primarily:

a. For the purchase, sale, lease and rental of personal and/or real property, and/or for the manufacture, processing and/or marketing of products, commodities or any other personal property;

b. For the sale of service to the public;

c. By a lawful nonprofit organization; or

d. Solely for the purposes of § 9302 of this title for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of above activities are conducted.

(3) The term “comparable replacement dwelling” means any dwelling that is:

a. Decent, safe and sanitary;

b. Adequate in size to accommodate the occupants;

c. Within the financial means of the displaced person;

d. Functionally equivalent to the displacement dwelling;

e. In an area not subject to unreasonably adverse environmental conditions;

f. In a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment;

g. On a site that is typical in size for residential development; and

h. Currently available on the open market to the displaced person.

(4) “Criteria established by the agency” as used in this chapter, shall mean those criteria established and approved pursuant to the relevant provisions of 49 C.F.R. Part 24, as amended.

(5) a. The term “displaced person” means: any person who moves from real property, or moves personal property from real property:

1. As a direct result of a written notice of intent to acquire, the initiation of negotiations or the acquisition of such real property in whole or in part for a program or project undertaken by an agency; or

2. As a direct result of rehabilitation, demolition or such other displacing activity as the agency may prescribe, under a program or project undertaken by an agency in any case in which the agency determines that such displacement is permanent; and

3. As a direct result of a written notice of intent to acquire, the acquisition, rehabilitation or demolition of, in whole or part, other real property on which the person conducts a business or farm operation, for a program or project undertaken by an agency; however, eligibility for such person under this paragraph applies only for purposes of obtaining moving expenses and relocation assistance advisory services under §§ 9302(a) and (b) and 9306 of this title.

b. The term “displaced person” does not include:

1. A person who has been determined, according to criteria established by the agency, either to be unlawfully occupying the displacement dwelling, to have been evicted for lawful cause prior to the initiation of negotiations for the property, or to have occupied such dwelling for the purpose of obtaining assistance under this chapter;

2. In any case in which the agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project;

3. In any case where such action is of voluntary nature where the agency would not seek to purchase such real property through eminent domain proceedings.

(6) The term “farm operation” means any activity conducted solely or primarily for the production of 1 or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.

(7) The term “mortgage” means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State, together with the credit instruments, if any, secured thereby.

(8) The term “person” means any individual, family, partnership, corporation or association.

(9) In the event a term in this chapter is undefined, but which term is defined in 49 C.F.R. Part 24, as amended, the definition contained therein shall apply.
29 Del. C. § 9001 — Delaware Code / Title 29 / Chapter 90 / Section 9001
§ Â
        9001. Intent and purpose.
Status: in_force

(a) The General Assembly finds and declares that parents have the primary responsibility for meeting the needs of their children and the State has an obligation to help them discharge this responsibility or to assume this responsibility when parents are unable to do so; while the State has a basic obligation to promote family stability and preserve the family as a unit, and protect and safeguard the well-being of children through the provision of a comprehensive program of social services and facilities for children and their families who require care, guidance, control, protection, treatment, rehabilitation or confinement.

(b) The General Assembly hereby declares that the purpose of this chapter and the policy of the State is to achieve the consolidation of services to children, youth and their families within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services and to increase accountability for the delivery and administration of these services; to plan, develop, and administer a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent and mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of their family, within the least restrictive environment possible but consistent with the child’s health and safety; to emphasize preventive services to children, youth and their families, in order to avoid the costs to the State of individual and family instability; and to create and maintain a developmentally appropriate, comprehensive program that fully integrates transitional and independent living services from ages 14 to 23 and that will assist youth with their successful transition into adulthood.
29 Del. C. § 201 — Delaware Code / Title 29 / Chapter 2 / Section 201
§ Â
        201. Description.
Status: in_force

The limits of the State are as follows: On the south, the divisional line between Delaware and Maryland; on the west, the divisional line between Delaware and Maryland extended northerly to its intersection with the southerly boundary line of Pennsylvania; on the north, the boundary line between Maryland and Pennsylvania extended easterly to its intersection with the 12-mile circle described from New Castle and the 12-mile circle extended to low water mark on the eastern side of the Delaware River; and on the east, the low water mark on the eastern side of the Delaware River within the 12-mile circle, the southerly perimeter of the 12-mile circle from its intersection with the low water mark westerly to the middle line of the Delaware River, the middle lines of the Delaware River and Bay below the 12-mile circle to the mouth of the Bay and the Atlantic Ocean.
29 Del. C. § 843 — Delaware Code / Title 29 / Chapter 8 / Subchapter IV / Section 843
§ Â
        843. Copies of maps.
Status: in_force

The State Election Commissioner and the separate departments of elections shall cause such additional copies of the maps to be prepared and distributed as they deem necessary to properly advise the public.
29 Del. C. § 5918 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5918
§ Â
        5918. Promotions.
Status: in_force

The rules shall provide for promotions, giving consideration to the applicant’s qualifications, performance record, seniority, conduct and, where practicable, to the results of competitive recruitment. Vacancies shall be filled by promotion whenever practicable and in the best interest of the classified service. Any promotional competition for a position funded solely by general funded appropriations, involving 2 or more candidates and a referral list issued by the Secretary, shall be considered a competitive recruitment under § 5917 of this title.
29 Del. C. § 9004 — Delaware Code / Title 29 / Chapter 90 / Section 9004
§ Â
        9004. Secretary; Division Directors; Acting Secretary; Deputy Secretary.
Status: in_force

(a) The administrator and head of the Department is the Secretary of the Department of Services for Children, Youth and Their Families (“Secretary”), who must be a person qualified by training and experience to perform the duties of this office.

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

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

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

(b) If the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the positions of Deputy Secretary and Division Directors as are vacant. The Deputy Secretary and Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, the Deputy Secretary and Directors may be removed from office by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity, or removal of the Secretary and before the appointment of a successor, the Governor may appoint a person to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. § 9504 — Delaware Code / Title 29 / Chapter 95 / Section 9504
§ Â
        9504. Inverse condemnation proceedings.
Status: in_force

Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of the owner’s property in any program or project, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the Department of Justice effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the Department of Justice, reimburse such plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceedings.
29 Del. C. § 5549 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5549
§ Â
        5549. Payment of benefits.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the State Employees’ Pension Plan shall be liable for any amount in excess of such sums.
29 Del. C. § 9010B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9010B
§ Â
        9010B. Audit of fees.
Status: in_force

The State Auditor shall, not less than biannually, audit, inspect and examine the books, accounts, papers, records and dockets of the several state row officers and ascertain the amount due to the State in fees.
29 Del. C. § 6096 — Delaware Code / Title 29 / Chapter 60E / Section 6096
§ Â
        6096. Amount of award.
Status: in_force

An award shall be a minimum of $2,500 and shall not exceed $5,000.
29 Del. C. § 8001 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8001
§ Â
        8001. Establishment of Department of Natural Resources and Environmental Control.
Status: in_force

A Department of Natural Resources and Environmental Control is established and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Highway Department pursuant to Chapter 45 of Title 7.
29 Del. C. § 5039 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-B / Section 5039
§ Â
        5039. Declaration of policy [Transferred].
Status: in_force

Transferred to § 8739A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 4329 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4329
§ Â
        4329. Short form certificates.
Status: in_force

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by § 4328(a) and (b) of this title:

(1) For an acknowledgment in an individual capacity:

State of ________________ County of ________________ This record was acknowledged before me on ____Date by ________________Name(s) of individual(s)________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(2) For an acknowledgment in a representative capacity:

State of ________________ County of ________________ This record was acknowledged before me on ____Date by ________________Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(3) For a verification on oath or affirmation:

State of ________________ County of ________________ Signed and sworn to (or affirmed) before me on ____Date by ____Name(s) of individual(s) making statement________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(4) For witnessing or attesting a signature:

State of ________________ County of ________________ Signed (or attested) before me on ____Date by ________________Name(s) of individual(s) ________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(5) For certifying a copy of a record:

State of ________________ County of ________________ I certify that this is a true and correct copy of a record in the possession of ________________________________. Dated ________________________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]
29 Del. C. § 8314 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8314
§ Â
        8314. 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. § 8704 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8704
§ Â
        8704. Division of Corporations.
Status: in_force

The Division of Corporations is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to Subtitle I of Title 6 and Title 8.
29 Del. C. § 5305 — Delaware Code / Title 29 / Chapter 53 / Subchapter I / Section 5305
§ Â
        5305. University of Delaware.
Status: in_force

For persons employed by the University of Delaware, the provisions contained in §  5505 of this title, which are in effect on February 1, 1991, shall apply to this chapter.
29 Del. C. § 7980 — Delaware Code / Title 29 / Chapter 79 / Subchapter VII / Section 7980
§ Â
        7980. Establishment of a program.
Status: in_force

(a) The Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services in collaboration with the Department of Natural Resources and Environmental Control shall, by rules and regulations, establish an Occupational Health Program (“the Program”). The Program will include a statewide statistical assessment of the degree to which Delawareans are exposed to hazardous substances in the workplace and the nature of that exposure.

(b) The Program shall offer voluntary and confidential educational and consultation services for employers and employees in the public sector based on the Program’s assessment. In collaboration with the Department of Labor Office of Occupational Safety and Health Consultation, which conducts private sector consultations only, the Program will work to improve the workplace environment in Delaware.

(c) Any statewide statistical assessment of hazardous substances in the workplace shall not include specific findings from the Department of Labor’s Office of Occupational Safety and Health Consultation in the private sector.
29 Del. C. § 6963 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6963
§ Â
        6963. Emergency procedures and contract change orders.
Status: in_force

(a) All of the provisions of this subchapter may be waived pursuant to § 6907 of this title.

(b) The awarding agency may issue a change order to the public works contract setting forth any change, addition or extra work required to be undertaken by the contractor. Such changes may be necessitated by changed situations, unforeseen conditions, strikes and acts of God. Change orders shall be issued for all changes or extra work determined to be necessary and requested by the agency, but not specified in the contract or its plans and specifications. The change order shall not:

(1) Be subject to the competitive bidding requirements of this subchapter; or

(2) Invalidate the contract, provided that such change is within the scope of the contract as set forth in the standard specifications, special provisions or similar publication of the agency; or

(3) Be subject to the requirement for lifecycle costing analysis as described in §§ 6902 and 6909A(a) of this title.
29 Del. C. § 7912 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7912
§ Â
        7912. Council on Family Services.
Status: repealed

(a) There is established the Council on Family Services.

(b) [Repealed.]

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

(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members 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. § 8093 — Delaware Code / Title 29 / Chapter 80 / Subchapter V / Section 8093
§ Â
        8093. Maximum contaminant level.
Status: in_force

(a) The Division shall work in collaboration with the Department to establish a maximum contaminant level for PFOA and PFOS in public drinking water systems in accordance with evidence-based standards and assessments conducted by the United States Environmental Protective Agency.

(b) By December 20, 2021, the Department and Division shall initiate the regulatory development process.

(c) By July 21, 2022, the Division shall conduct public hearings on proposed regulations.

(d) The Division in collaboration with the Department shall review all of the following to develop and revise on a periodic basis the maximum contaminant level established pursuant to this section:

(1) Assessments conducted by the United States Environmental Protection Agency.

(2) Information published in peer-reviewed journals.

(3) Delaware statewide survey data.
29 Del. C. § 9121 — Delaware Code / Title 29 / Chapter 91 / Subchapter II / Section 9121
§ Â
        9121. Findings.
Status: in_force

The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the State. It is the intent of this subchapter to:

(1) Ensure that adequate public facilities are available to serve new growth and development;

(2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;

(3) Establish standards for the determination of impact fees for state facilities and services; and

(4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.
29 Del. C. § 5614 — Delaware Code / Title 29 / Chapter 56 / Section 5614
§ Â
        5614. Revised plan â Survivorâs pension [For application of this section, see 79 Del. Laws, c. 315, Â10].
Status: in_force

(a) On the death during service of a member covered by the revised plan, a monthly survivor’s pension must be paid to the member’s eligible survivor that is equal to 2/3 of the service pension for which the member would have been eligible and computed on the basis of actual service to the date of death or 12 years, whichever is greater, and had elected the option provided under § 5613(3) of this title.

(b) On the death of a member covered by the revised plan and receiving a service or disability pension at the time of death, a monthly survivor’s pension must be paid to the member’s eligible survivor that is equal to 1 of the following:

(1) One half of the service or disability pension.

(2) If the pension was computed under § 5613(3) a. or b. of this title, 2/3 of the service or disability pension.

(3) If the pension was computed under § 5613(3)c. of this title, 75% of the service or disability pension.

(4) If the pension was computed under § 5613(3)d. of this title, 100% of the service or disability pension.

(c) On the death after retirement of a member covered by the revised plan, who has a vested right to a pension under § 5612(b) of this title, but who dies before reaching the age of 62, a monthly survivor’s pension must be paid beginning in the month during which the member would have reached the age of 62 in an amount equal to 1/2 of the pension for which the member would have been eligible at the age of 62.

(d) For the purpose of this section, the priority of eligible survivors of a member covered by the revised plan is as follows, provided that a member may change the priority of eligible survivors specified under this subsection by designating the priority of eligible survivors on a form prescribed by the Board:

(1) The widow or widower, provided the widow or widower had been married to the deceased member for at least 1 year before the date of death.

(2) If there is not an eligible widow or eligible widower, a child (or with the survivor’s pension divided among them in equal shares, all such children if there are more than 1), provided the child is unmarried and 1 of the following applies:

a. The child has not attained age 18.

b. The child has attained age 18 but not age 22 and is attending school on a full-time basis.

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

(3) If there is not an eligible widow, eligible widower, or eligible child, a dependent parent (or, with the survivor’s pension divided between them in equal shares, both such parents if there are 2).

(e) The amount payable to a widow or widower who has not attained age 50 at the time the survivor’s pension begins must be actuarially reduced, in accordance with actuarial tables approved by the Board, for each month the survivor is under age 50 at the time. However, the actuarial reduction for any widow or widower does not apply for the period during which the widow or widower has in the widow’s or widower’s care a child who is unmarried and to whom 1 of the following applies:

(1) The child has not attained age 18.

(2) The child has attained age 18 but not age 22 and is attending school on a full-time basis.

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

(f) A deceased member’s parent is deemed to have been dependent on the deceased member if the parent was receiving at least 1/2 of the parent’s support from the deceased member at the time of death.

(g) A survivor’s pension begins with the month following the month in which the member dies. If payable to a widow, widower, or parent, the survivor’s pension ceases with the month in which the survivor dies. If payable to a child, the survivor’s pension ceases with the month in which the child dies or fails to meet the conditions of eligibility under paragraph (d)(2) of this section.
29 Del. C. § 6520 — Delaware Code / Title 29 / Chapter 65 / Section 6520
§ Â
        6520. Advances to agencies; regulation and security.
Status: in_force

(a) No greater sum than is necessary to meet expenses then incurred shall be drawn from the Treasury of this State for or on account of any agency. An agency which is authorized to expend any moneys on behalf of this State may, however, have money advanced to it from the State Treasury, in such sums and subject to such rules and regulations as the Secretary of Finance may determine; provided however, that the amount advanced from the General Fund to any agency at any 1 time shall not exceed $5,000.

(b) To secure such an advance, the head of the agency desiring the same must certify in duplicate to the Secretary of Finance what amount is needed, that it is needed for immediate use and, as specifically as may be, the purposes for which the expenditure is required. The Secretary of Finance and the State Treasurer shall deal with such certificates in the same manner as with bills or statements of indebtedness as provided in this chapter.

(c) In case of any such advance, the person or official making the certificate shall within 30 days after receipt of an advance file with the Secretary of Finance and the State Treasurer a detailed statement of the amounts expended with vouchers therefor and all advances so made shall be accounted for.
29 Del. C. § 5098 — Delaware Code / Title 29 / Chapter 50 / Subchapter VIII / Section 5098
§ Â
        5098. Certification of individuals for tax credits [Transferred].
Status: in_force

Transferred to § 8798A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8022 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8022
§ Â
        8022. Annual report.
Status: in_force

The Secretary of the Department shall make an annual report of the Department’s operations to the Governor and the General Assembly, 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. § 2109 — Delaware Code / Title 29 / Chapter 21 / Section 2109
§ Â
        2109. Observance of Delaware Swedish Colonial Day.
Status: in_force

(a) The Governor shall proclaim March 29 of each year as Delaware Swedish Colonial Day.

(b) The Governor shall issue a proclamation calling upon officials of the government to display the flags of the United States and of the State on all governmental buildings on March 29 of each year to be known as Delaware Swedish Colonial Day and inviting the people of the State to observe Delaware Swedish Colonial Day in schools, churches, patriotic and historical societies and other organizations with appropriate ceremonies in commemoration of the landing of the Swedes upon the soil of Delaware.
29 Del. C. § 8009 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8009
§ Â
        8009. Parks and Recreation Council.
Status: in_force

(a) There is established the Parks and Recreation Council.

(b) The Parks and Recreation Council shall serve in an advisory capacity to the Director of Parks and Recreation and shall consider matters related to the planning, acquisition, development, management, conservation, and programming of lands and services under the jurisdiction of the Division, and such other matters as may be referred to it by the Governor, the Secretary of the Department of Natural Resources and Environmental Control or the Director. The Council shall review and recommend to the Department the approval of funding from the Outdoor Recreation Parks and Trails (ORPT) program for park development projects and serve as the review authority for other state and federal funding programs if called upon to do so. 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 manner possible. The Council may also recommend to the Department for adoption, after public hearing, any rules and regulations as may be necessary to carry out any provisions of the section.

(c) The Parks and Recreation Council shall be composed of 16 members who shall be appointed as follows:

(1) Eleven members shall be appointed by the Governor and shall be eligible for reappointment. The term of any member serving shall be for 3 years.

(2) At least 6 of the 11 members appointed by the Governor shall have experience or expertise, or both, in the management of recreation programs and parks. The remaining members may be composed of other related disciplines and interests including cultural affairs, trails and greenways, fish and wildlife, tourism, finance, conservation, marketing, special populations, education, and Delaware State Parks friends organizations.

(3) The Natural Areas Advisory Council shall annually appoint a member to represent the Council.

(4) The remaining 4 members will be members of the General Assembly. One member from the majority party and 1 member from the minority party of the Delaware House of Representatives will be appointed by the Speaker of the House, and 1 member from the majority party and 1 member from the minority party of the Delaware State Senate will be appointed by the President Pro Tempore. The term of the General Assembly members serving shall be for 3 years.

(d) No more than 6 of the members appointed by the Governor shall be affiliated with the same 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 incurred incident to their duties as members of the Council.

(f) Failure to attend 3 consecutive regular meetings of the Council in the absence of mitigating circumstances shall be construed as a request by that member to resign from the Council and a replacement may thereafter be appointed in the member’s stead.

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

(h) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall serve out the remainder of the term.
29 Del. C. § 2516 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2516
§ Â
        2516. Authorization for local and out-of-state police officers.
Status: in_force

(a) The Attorney General may authorize such members of any county or municipal police departments as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. The Attorney General shall give such authorization by oath for such period of time as the Attorney General specifies. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary.

(b) Such local police officers who have received such authorization shall remain for all other purposes as members of their respective police departments.

(c) The Attorney General may authorize such members of police forces of jurisdictions outside the State as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. Such authorization shall be given under the procedures and conditions prescribed in subsections (a) and (b) of this section.

(d) The Attorney General may, as the Attorney General deems necessary, authorize railroad police officers employed by (i) either a railroad company classified as a Class 1 rail carrier pursuant to 49 U.S.C. § 10102 and the Interstate Commerce Commission or (ii) Amtrak to have police, arrest and enforcement powers for the purpose of investigating or preventing crimes which have occurred, are occurring or may occur on property that is owned, leased, operated or controlled by the railroad, or which involve the railroad’s employees, passengers or patrons while such persons are on such property, or which involve property that is consigned or entrusted to the railroad for transportation purposes. The Attorney General shall give such authorization by oath for such period of time and pursuant to such conditions as the Attorney General deems necessary. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. Notwithstanding any provision of this section to the contrary, no person shall be authorized pursuant to this subsection unless such person is first certified as appropriately qualified by the Police Officer Standards and Training Commission and until memoranda of understanding are reached between the railroad and all appropriate law-enforcement agencies. Nothing in this section shall limit the authority of a railroad police office employed by a rail carrier owning property in this State, and certified or commissioned under the laws of another state, to enforce the law and exercise the authority conveyed under 49 U.S.C. § 28101 or 49 C.F.R. 207.
29 Del. C. § 2110 — Delaware Code / Title 29 / Chapter 21 / Section 2110
§ Â
        2110. Observance of American Education Week.
Status: in_force

The Governor may issue a proclamation calling upon all teachers of schools to arrange special programs during American Education Week and calling upon the people of the entire State to observe it in some fitting manner.
29 Del. C. § 7411 — Delaware Code / Title 29 / Chapter 74 / Section 7411
§ Â
        7411. Exemption from taxation.
Status: in_force

Bonds, notes and revenue notes and the interest thereon shall be exempt from income taxation by the State or any political subdivision thereof.
29 Del. C. § 6601 — Delaware Code / Title 29 / Chapter 66 / Section 6601
§ Â
        6601. State library policy.
Status: in_force

It is hereby declared to be the policy of the State, as part of its provision for public education, to promote the establishment and development of public library service throughout the State and its political subdivisions.
29 Del. C. § 8718 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8718
§ Â
        8718. State Bank Commissioner.
Status: repealed

(a) The Office of State Bank Commissioner established by Chapter 1 of Title 5 is continued.

(b) The Commissioner shall be appointed by the Governor for a term of 4 years and shall hold office until a successor shall be duly appointed. The Commissioner shall be a person qualified by training and experience to perform the duties of the office.

(c) The Commissioner shall receive, in full compensation for the Commissioner’s services, such salary as shall be fixed by the Governor within such limitations as may be prescribed by law.

(d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause.

(e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of the Governor for the unexpired term. In the event of the death, resignation, disability or removal of the Commissioner, all the powers necessary to perform all the duties and functions of the Commissioner during such incapacity or until a successor is duly appointed and qualified shall be conferred upon the senior Deputy Commissioner appointed by the Commissioner pursuant to § 103 of Title 5. The senior Deputy Commissioner shall be the Deputy Commissioner who has served the longest as a Deputy Commissioner.

(f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Board of Bank Incorporation pursuant to Title 5.

(g) [Repealed.]
29 Del. C. § 709 — Delaware Code / Title 29 / Chapter 7 / Section 709
§ Â
        709. Withholding of compensation.
Status: in_force

(a) A member or officer of the General Assembly may elect to have withheld from the compensation paid to the member or officer those sums of moneys required during each pay period for federal income tax, state income tax, and social security.

(b) A member or officer of the General Assembly making an election under subsection (a) of this section shall notify the State Treasurer in writing of the election. The State Treasurer, on receiving notice of the election, shall withhold from the compensation paid to the member or officer those sums of moneys required during each pay period for federal income tax, state income tax, and social security and make payment of these moneys in accordance with federal and state laws.
29 Del. C. § 2103 — Delaware Code / Title 29 / Chapter 21 / Section 2103
§ Â
        2103. Suspension of execution of death sentence.
Status: in_force

The Governor, in every act suspending the execution of a sentence of death, shall appoint a day for doing such execution, and specify 2 hours between which it shall be done.
29 Del. C. § 4320 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4320
§ Â
        4320. Notarial act performed for remotely located individual.
Status: in_force

(a) For purposes of this section:

(1) “Communication technology” means an electronic device or process that does both of the following:

a. Allows a notarial officer and a remotely located individual to communicate with each other simultaneously by sight and sound.

b. When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

(2) “Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.

(3) “Identity proofing” means a process or service by which a third person provides a notarial officer with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

(4) “Outside the United States” means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.

(5) “Remotely located individual” means an individual who is not in the physical presence of the notarial officer who performs a notarial act under subsection (c) of this section.

(b) A remotely located individual may comply with § 4319 of this title by using communication technology to appear before a notarial officer.

(c) A notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if all of the following apply:

(1) The notarial officer has 1 or more of the following:

a. Personal knowledge under § 4321(a) of this title of the identity of the remotely located individual.

b. Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notarial officer under § 4321(b) of this title or this section.

c. Obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing.

(2) The notarial officer is able reasonably to confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the individual executed a signature.

(3) The notarial officer, or a person acting on behalf of the notarial officer, creates an audio-visual recording of the performance of the notarial act.

(4) For a remotely located individual located outside the United States, all of the following apply:

a. Any of the following apply:

1. The record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States.

2. The record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.

b. The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

(d) A notarial officer located in this State may use communication technology under subsection (c) of this section to take an acknowledgment of a signature on a tangible record physically present before the notarial officer if the record is displayed to and identified by the remotely located individual during the audio-visual recording under paragraph (c)(3) of this section.

(e) The requirement under paragraph (c)(2) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notarial officer is satisfied if all of the following apply:

(1) The remotely located individual does all of the following:

a. During the audio-visual recording under paragraph (c)(3) of this section, signs all of the following:

1. The record.

2. A declaration, in substantially the following form, that is part of or securely attached to the record:

b. Sends the record and declaration to the notarial officer not later than 3 days after the notarial act was performed.

(2) The notarial officer does all of the following:

a. In the audio-visual recording under paragraph (c)(3) of this section, records the individual signing the record and declaration.

b. After receipt of the record and declaration from the individual, executes a certificate of notarial act under § 4328 of this title, which must include a statement in substantially the following form:

I (name of notarial officer) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date).

(f) A notarial act performed in compliance with subsection (e) of this section complies with § 4328(a)(1) of this title and is effective on the date the remotely located individual signed the declaration under paragraph (e)(1)a.2. of this section.

(g) Subsection (e) of this section does not preclude use of another procedure to satisfy paragraph (c)(2) of this section for a notarial act performed with respect to a tangible record.

(h) A notarial officer located in this State may use communication technology under subsection (c) of this section to administer an oath to a remotely located individual if, except as otherwise provided by other law of this State, the notarial officer does all of the following:

(1) Identifies the individual under paragraph (c)(1) of this section.

(2) Creates or causes the creation under paragraph (c)(3) of this section of an audio-visual recording of the individual taking the oath.

(3) Retains or causes the retention under subsection (k) of this section of the recording.

(i) If a notarial act is performed under this section, the certificate of notarial act under § 4328 of this title and the short-form certificate under § 4329 of this title must indicate that the notarial act was performed using communication technology.

(j) A short-form certificate under § 4329 of this title for a notarial act subject to this section is sufficient if it does any of the following:

(1) Complies with regulations adopted under paragraph (m)(1) of this section.

(2) Is in the form under § 4329 of this title and contains a statement in substantially the following form:

This notarial act involved the use of communication technology.

(k) A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer shall retain the audio-visual recording created under paragraph (c)(3) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under paragraph (m)(4) of this section, the recording must be retained for a period of at least 10 years.

(l) (1) Before a notarial officer performs the notarial officer’s initial notarial act under this section, the notarial officer shall do all of the following:

a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to remotely located individuals.

b. Identify for the Secretary of State the technologies the notarial officer intends to use.

(2) If the Secretary of State has established standards under subsection (m) of this section and § 4338 of this title for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.

(m) In addition to adopting regulations under § 4338 of this title, the Secretary of State may adopt regulations under this section regarding performance of a notarial act. The regulations may do any of the following:

(1) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology.

(2) Establish standards for communication technology and identity proofing.

(3) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing.

(4) Establish standards and a period for the retention of an audio-visual recording created under paragraph (c)(3) of this section.

(5) Prescribe methods for a notarial officer to confirm under subsections (d) and (e) of this section the identity of a tangible record.

(n) Before adopting, amending, or repealing a regulation governing performance of a notarial act with respect to a remotely located individual, the Secretary of State must consider all of the following:

(1) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State.

(2) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section.

(3) The views of governmental officials and entities and other interested persons.

(o) By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audio-visual recording under paragraph (c)(3) of this section, the provider of the communication technology, identity proofing, or storage appoints the Secretary of State as the provider’s agent for service of process in any civil action in this State related to the notarial act.
29 Del. C. § 10404A — Delaware Code / Title 29 / Chapter 104 / Section 10404A
§ Â
        10404A. Regulatory impact statements [For application of this section, see 80 Del. Laws, c. 112, Ââ7].
Status: in_force

(a) Any agency that proposes to adopt or amend any regulation under the Administrative Procedures Act, § 10101 et seq. of this title, that is substantially likely to impose additional costs or burdens upon individuals and/or small businesses shall submit a regulatory impact statement to be published by the Registrar of Regulations as part of the notice requirements set forth in § 10115 of this title. Each regulatory impact statement shall include:

(1) A specific reference to the statutory provision which allows for the adoption or amendment of the rule or regulation and the statutory provisions which address the subject matter of the rule or regulation;

(2) A description of the purpose of the regulation;

(3) An identification of the individuals and/or small businesses that would be subject to compliance under the regulation;

(4) A good-faith estimate by the agency of the potential cost of compliance for individuals and/or small businesses, which at minimum shall include the projected reporting, recordkeeping, and other administrative costs required to comply with the proposed regulation; and

(5) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation, to the extent such methods are not otherwise described herein.

(b) The following regulations are exempt from this section:

(1) Regulations that are not substantially likely to impose additional costs or burdens upon individuals and/or small businesses; provided, however, that any agency making such a determination shall include a statement to that effect as part of the notice requirements set forth in § 10115 of this title;

(2) Emergency regulations adopted pursuant to § 10119 of this title;

(3) Regulations that are exempt from the procedural requirements of the Administrative Procedures Act, § 10101 et seq. of this title, pursuant to § 10113(b) of this title;

(4) Regulations that define standards of conduct or qualifications of individuals applying for licensure or as licensed professionals;

(5) Regulations that are required by federal law and have already complied with the federal Regulatory Flexibility Act [5 U.S.C. § 601 et seq.]; and

(6) Such other regulations as may be determined from time to time in accordance with this chapter.
29 Del. C. § 8004 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8004
§ Â
        8004. Relocation assistance.
Status: in_force

The Secretary of the Department of Natural Resources and Environmental Control is hereby empowered to expend state funds appropriated to the Department for land acquisition; to make relocation payments and to provide assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; provided, that the Secretary must expend funds for this purpose that are federally reimbursable under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646.
29 Del. C. § 5118 — Delaware Code / Title 29 / Chapter 51 / Section 5118
§ Â
        5118. Unauthorized use of state mail services and/or state-paid-for postage.
Status: in_force

(a) Any person who uses state mail services and/or state-paid-for postage for such person’s own personal use or for the benefit or use of any person, committee, organization or association not entitled thereto is guilty of a class C misdemeanor and shall be fined not more than $300 per each occurrence.

(b) (1) Except as otherwise provided in this subsection all envelopes, wrappers, labels or cards used to transmit state-paid-for mail shall bear in a conspicuous manner the words “OFFICIAL BUSINESS, PENALTY FOR PRIVATE USE $300” and an endorsement above the warning showing the name of the agency, authority, board, bureau, commission or office from which, or officer from whom, it is transmitted.

(2) The Executive Office of the Governor (DDB-10-01-01) may exempt themselves from the requirements of paragraph (b)(1) of this section.

(c) Each House of the General Assembly shall prescribe for itself such rules and regulations which shall govern the use of state mail services and state-paid-for postage and it shall take such other action as it considers necessary and proper for the members and members-elect to conform to its rules.
29 Del. C. § 1704 — Delaware Code / Title 29 / Chapter 17 / Section 1704
§ Â
        1704. Designation of emergency interim successors to members.
Status: in_force

Each member shall do all of the following:

(1) Designate not fewer than 3 nor more than 7 emergency interim successors to the member’s powers and duties.

(2) Specify the order of succession of the individuals selected under paragraph (1) of this section.

(3) Review and revise the designations of emergency interim successors to the member’s powers and duties to ensure that at all times there are at least 3 qualified emergency interim successors.
29 Del. C. § 8315 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8315
§ Â
        8315. 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. § 8732 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8732
§ Â
        8732. Council on Libraries.
Status: in_force

(a) The Council on Libraries is established.

(b) The Council on Libraries (“Council”) serves in an advisory capacity to the Department of State. The Council considers matters relating to libraries and library standards throughout the State and other matters as the Governor, the Secretary of the Department of State, or the General Assembly may refer to the Council. The Council may study, research, plan, or make advisory recommendations to the Governor, the Secretary of the Department of State, or the General Assembly on matters it deems appropriate to provide the best possible library service in Delaware.

(c) The Council consists of 11 members. Membership is composed as follows:

(1) The 3 county librarians of this State.

(2) Each of the 3 county library advisory boards under § 802 of Title 9 shall appoint 1 member from among their respective county library advisory board. Each of these members serves at the pleasure of the member’s appointing authority.

(3) a. The president of the Delaware Association of School Librarians. The president may appoint a designee to serve in the president’s stead and at the president’s pleasure.

b. If the Department of Education re-establishes the Delaware education associate for libraries, media, and technology or a similar position, the associate shall replace the president of the Delaware Association of School Librarians as a member of the Council. The associate may appoint a designee to serve in the associate’s stead and at the associate’s pleasure.

(4) The director of Adult and Prison Education Resources of the Department of Education. The Director may appoint a designee to serve in the director’s stead and at the director’s pleasure.

(5) a. The Governor shall appoint 3 public members.

b. If possible, the 3 public members must represent each county.

c. Each member under this paragraph (c)(5) of this section is appointed for a term of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in the Council’s proceedings until the Governor replaces that member. The Governor may appoint a member for less than 3 years to ensure that members’ terms expire on a staggered basis.

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

(e) A vacancy prior to the expiration of the term of a member of the Council on Libraries may be filled only for the remainder of that term.

(f) The Council shall annually elect a chair from among its members. A chair is eligible for reelection.

(g) The number of members who must be present at a Council meeting in order to have quorum and conduct official business is a majority of members. Counting for quorum does not include member positions that are vacant.

(h) A member’s appointing authority may remove the member for gross inefficiency, misfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council meetings or attends less than 50% of Council meetings in a calendar year. The member’s appointing authority may consider the member to have resigned and may accept the member’s resignation.

(i) The Division of Libraries shall provide reasonable staff support to assist the Council in performing its duties under this section.
29 Del. C. § 5028 — Delaware Code / Title 29 / Chapter 50 / Subchapter I-B / Section 5028
§ Â
        5028. Fund purposes [Transferred].
Status: in_force

Transferred to § 8728A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 7202 — Delaware Code / Title 29 / Chapter 72 / Section 7202
§ Â
        7202. Records.
Status: in_force

Every hospital, qualifying under § 7201 of this title, which furnishes medical or surgical care and attention to any indigent person shall keep a record thereof in the manner and form prescribed by the Budget Director showing the number of such indigent sick receiving medical or surgical care and attention, the name and residence of each such person, the dates the person was admitted to and discharged from the hospital and an itemized list showing all expenses incurred by the hospital for medical or surgical care and attention furnished such persons.
29 Del. C. § 5406 — Delaware Code / Title 29 / Chapter 54 / Section 5406
§ Â
        5406. Short title.
Status: in_force

This chapter may be cited as the “Uniform Facsimile Signature of Public Officials Act.”
29 Del. C. § 6902 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6902
§ Â
        6902. Definitions [For application of this section, see 82 Del. Laws, c. 36, Â 3].
Status: in_force

For purposes of this chapter:

(1) “Agency” means every board, department, bureau, commission, person or group of persons or other authority which directly receives moneys under any budget appropriation act or supplemental appropriation act and which was created and now exists or hereafter is created to:

a. Execute, supervise, control and/or administer governmental functions under the laws of this State; and/or

b. To perform such governmental functions under the laws of this State, or to perform such other duties as may be prescribed; and/or

c. To collect and/or use any taxes, fees, licenses, permits or other receipts for service or otherwise for the performance of any function or related to or supported in whole or in part by the laws of this State; and/or

d. To administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State.

“Agency” shall include Delaware Technical and Community College and the Delaware State University but shall not include any local government unit or agency receiving only grants-in-aid appropriations from the State and no other appropriations, as described herein, the University of Delaware, volunteer ambulance/rescue companies, volunteer fire departments and the Delaware Transit Corporation. Nothing in this paragraph shall be deemed to exempt any entity that is otherwise required to comply with § 6960 of this title.

(2) “Agency head” means the top official in an agency whether elected, appointed or otherwise. The agency head may delegate duties under this chapter to a designee within the agency.

(3) “Agency official” means any employee, consultant, person in the category of other personal service or any other person receiving compensation from the State, its agencies, municipalities, political subdivisions or school boards.

(4) “Compensation” means the total amount paid by an agency for professional services, including reimbursed expenses, unless otherwise stated in the contract.

(5) “Contractor” means any person, partnership, firm, corporation, nonprofit agency or other business association who has a contract with an agency.

(6) “Covered agency” means any agency except school districts, Delaware Technical & Community College, the Delaware State University and the Legislative Branch of State government.

(7) “Craft training program” means an apprenticeship program approved by and registered with any state apprenticeship agency or the United States Department of Labor.

(8) “Custom fabrication” means the offsite fabrication, assembly, or other production of nonstandard goods or materials, including components, fixtures, or parts thereof, specifically for a public works project. Such goods and materials shall include those used in only the following trades or systems:

a. Plumbing or pipe fitting systems, including heating, ventilating, air-conditioning, refrigeration systems, sheet metal or other duct systems.

b. Electrical systems.

c. Mechanical insulation work.

d. Ornamental iron work.

e. Commercial signage that does not attempt or appear to direct the movement of traffic on highways or roadways or interfere with, imitate, or resemble any official traffic sign, signal or device.

(9) “Director” means, for the purposes of this chapter, the Director of the Office of Management and Budget, except as provided by § 6960 of this title, in which case it shall mean the Secretary of the Department of Labor.

(10) “Disadvantaged business enterprise” means a business that has been certified by either the Delaware Office of Supplier Diversity, as a minority, women, veteran, service-disabled veteran, or individual with a disability business or by the Delaware Department of Transportation as a disadvantaged business enterprise.

(11) “Electronic bid” means the bidder, in response to an advertised invitation to bid, submits all documentation, except for information and documents specified in the invitation to bid, only through an electronic process to an identified secure electronic mail account that will not be opened by the Office or an agency until the close of the bidding period. In this process, no hard copy documentation shall be submitted to the Office or an agency prior to the award of the contract.

(12) “Electronic procurement advertising system” means the advertising system on which all state agencies must submit public notice of bid solicitations, other solicitations, and awarded contracts subject to the public advertising requirements of this chapter.

(13) “Electronic submission” means the vendor, in response to an advertised request for proposal, submits all documentation, unless specified in the request for proposal, only through an electronic process to an identified secure electronic mail account that will not be opened by the Office or an agency until the close of the request for proposal submittal period. In this process, no hard copy is to be submitted to the Office or an agency after the close of the request for proposal submittal period unless specifically requested by the Office or agency.

(14) “Firm” means a person, organization, partnership, limited partnership, corporation, association, nonprofit agency or other business association.

(15) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web.

(16) “Labor supply ratio” means the number of skilled crafts persons per unskilled workers employed on a public works project. Any person who has completed a federal apprenticeship program, an apprenticeship program approved by the Delaware Department of Labor under Chapter 2 of Title 19, or has otherwise documented 8 years of experience in a particular craft, is deemed to be a skilled crafts person for the purposes of this definition.

(17) “Lifecycle costing analysis” means the contracting agency’s evaluation of costs associated with the cost of acquisition, the cost of energy consumption required for operation, the cost of maintenance and the cost of consumables that affect the State’s overall cost of ownership of equipment or public works projects. Such evaluation is used by the contracting agency or project architect or project engineer for the development of contract specifications.

(18) “Local government unit” means any municipality incorporated in this State under the authority of the General Assembly and any of the 3 counties.

(19) “Materiel” means materials, equipment, tools, supplies, or any other personal property, but does not include real property or electric, gas, water, telephone or similar utilities.

(20) “Nonstandard goods or materials” means goods or materials manufactured or prefabricated to specifications for a particular project or for 1 or a limited number of customers.

(21) “Office” means the Office of Management and Budget; as provided in § 6960 of this title, “Department” shall mean the Department of Labor.

(22) “On-line bidding method” means a procurement process in which the Office or an agency receives vendors’ bids electronically over the Internet as either a substitute for a hard copy bid submission or in a real-time, competitive bidding event.

(23) “Professional services” means services which generally require specialized education, training or knowledge and involve intellectual skills. Examples of professional services include, but are not limited to, engineering, environmental engineering, environmental monitoring, land surveying, landscape architecture, geology, architectural, archaeologists, architectural historians, historians, educational consultants, management, medical, teaching, planning, computer information management, financial, accounting, auditing, construction management and arbitration services. Professional services subject to the provisions of § 2507 of this title or which require compliance with Delaware Supreme Court Rule 52 or a substantially similar rule of another state shall not be included in this definition and shall not be subject to this chapter.

(24) “Public building” means any edifice or building which is or is to be constructed, reconstructed, altered or repaired pursuant to a public works contract. It does not mean the act or process itself of constructing, reconstructing, altering or repairing.

(25) “Public funds” means funds of the State, of any agency within the State, of any public school district, of or from the United States government or of or from any department or representative body thereof.

(26) “Public works contract” means construction, reconstruction, demolition, alteration and repair work and maintenance work paid for, in whole or in part, with public funds.

(27) “Reverse auction” means an on-line procurement method through which all of the following occur:

a. A vendor submits a bid or proposal to provide the lowest price or most advantageous offer on goods or professional or nonprofessional services in response to an invitation to bid, request for proposals, or other solicitation, through real-time electronic competitive bidding.

b. During the bidding process, vendor prices are revealed to all participants, without revealing the vendor’s identity.

c. A vendor has the opportunity to lower the vendor’s bid or proposal prices for the duration of the time period established for the auction.

(28) “Section” means the Section of Government Support Services in the Office of Management and Budget.

(29) “Third tier contractor” means a firm that has contracted with a subcontractor to provide services and/or materiel in connection with a public works contract.

(30) “User group” means 2 or more agency or nonagency representatives, one of whom shall be an agency representative who provides technical advice to the Government Support Services concerning the requirements of certain materiel and nonprofessional services contracts. Nonagency representatives shall be limited to expected users of the materiel and/or services being procured and/or persons having technical expertise deemed necessary by the agency. In no event shall nonagency representatives be affiliated with a vendor or prospective vendor of the contract.

(31) “Volunteer ambulance/rescue companies” means a volunteer ambulance or rescue company certified as such by the State Fire Prevention Commission.

(32) “Volunteer fire department” means a volunteer fire department recognized as such by the State Fire Prevention Commission.

(33) “Z score” means a calculation used to assess a bidder’s fiscal health. The calculation is based on the following weighted ratios: return on total assets, sales to total assets, equity to debt, working capital to total assets, and retained earnings to total assets.
29 Del. C. § 5125 — Delaware Code / Title 29 / Chapter 51 / Section 5125
§ Â
        5125. Bereavement leave.
Status: in_force

(a) Definitions. —

(1) “Miscarriage” means a loss of pregnancy prior to 20 weeks gestation.

(2) “Other loss” includes a diagnosis that negatively impacts pregnancy and loss of pregnancy including termination regardless if medically necessary.

(3) “State employee” means any full-time or part-time employee of the State.

(4) “Stillbirth” is a loss of pregnancy from 20 weeks gestation or more.

(b) Any state employee shall be entitled to a maximum of 5 days of paid bereavement leave for the miscarriage, stillbirth, or other loss suffered by the employee.
29 Del. C. § 6929 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6929
§ Â
        6929. Contract insurance and contract liability.
Status: in_force

In addition to bond requirements as stated in § 6927 of this title, each successful bidder shall purchase adequate insurance for the performance of the contract and, by submission of a bid, agrees to indemnify and save harmless and to defend all legal or equitable actions brought against the State, any agency, officer and/or employee of the State, for and from all claims of liability which is or may be the result of the successful bidder’s actions during the performance of the contract. The purchase or nonpurchase of such insurance or the involvement of the successful bidder in any legal or equitable defense of any action brought against the successful bidder based upon work performed pursuant to the contract will not waive any defense which the State, its agencies and their respective officers, employees and agents might otherwise have against such claims, specifically including the defense of sovereign immunity, where applicable, and by the terms of this section, the State and all agencies, officers and employees thereof shall not be financially responsible for the consequences of work performed, pursuant to said contract.
29 Del. C. § 6509 — Delaware Code / Title 29 / Chapter 65 / Section 6509
§ Â
        6509. Agency records, open to audit.
Status: in_force

All accounts, records, documents, papers and writings which in anywise pertain or relate to the financial accounts of any agency shall be open to inspection by any certified public accountant selected under Chapters 29 and 63 of this title.
29 Del. C. § 8091 — Delaware Code / Title 29 / Chapter 80 / Subchapter V / Section 8091
§ Â
        8091. Purpose.
Status: in_force

This subchapter directs the Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control to establish state-level maximum contaminant levels (“MCL”) for certain contaminants found in public drinking water systems in this State.
29 Del. C. § 8518 — Delaware Code / Title 29 / Chapter 85 / Section 8518
§ Â
        8518. Assumption of powers.
Status: in_force

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Department of Labor and Industrial Relations, Employment Security Commission of Delaware, State Mediation Services, State Apprenticeship and Training Council, Industrial Accident Board and State Board for Vocational Education/Rehabilitation Division immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such person, department, board, commission or agency.
29 Del. C. § 4204 — Delaware Code / Title 29 / Chapter 42 / Section 4204
§ Â
        4204. 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 § 4201 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. § 8092 — Delaware Code / Title 29 / Chapter 80 / Subchapter V / Section 8092
§ Â
        8092. Definitions.
Status: in_force

As used in this subchapter:

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

(2) “Division” means the Division of Public Health.

(3) “Maximum contaminant level” means the legal threshold limit on the amount of a substance that is allowed in public water systems.

(4) “PFAS” means non-polymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man-made chemicals that contain at least 2 fully fluorinated carbon atoms, excluding gases and volatile liquids. “PFAS” includes PFOA and PFOS.

(5) “PFOA” means perfluorooctanoic acid and its salts.

(6) “PFOS” means perfluorooctanesulfonic acid or perfluorooctane sulfonate and its salts.
29 Del. C. § 5405 — Delaware Code / Title 29 / Chapter 54 / Section 5405
§ Â
        5405. Uniformity of interpretation.
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
29 Del. C. § 5591 — Delaware Code / Title 29 / Chapter 55A / Subchapter III / Section 5591
§ Â
        5591. Member contributions.
Status: in_force

(a) Effective January 1, 2006, employee contributions to the Fund shall be 3% of total annual compensation in excess of $6,000. In no event shall total compensation during any calendar year in excess of $6,000 be exempt from contributions.

(b) An employee can purchase service credit or repay a withdrawal benefit using a rollover distribution from:

(1) A direct rollover of an eligible rollover distribution from:

a. A qualified plan described in § 401(a) [26 U.S.C. § 401(a)] of the United States Internal Revenue Code;

b. An annuity contract described in § 403(b) [26 U.S.C. § 403(b)] of the United States Internal Revenue Code; or

c. An eligible plan under § 457(b) [26 U.S.C. § 457(b)] of the United States Internal Revenue Code.

(2) A participant contribution of an eligible rollover distribution from:

a. A qualified plan described in § 401(a) [26 U.S.C. § 401(a)] of the United States Internal Revenue Code;

b. An annuity contract described in § 403(b) [26 U.S.C. § 403(b)] of the United States Internal Revenue Code; or

c. An eligible plan under § 457(b) [26 U.S.C. § 457(b)] of the United States Internal Revenue Code.

(3) A participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in § 408 [26 U.S.C. § 408] of the United States Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income.”
29 Del. C. § 7920 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7920
§ Â
        7920. Division of Services for Aging and Adults with Physical Disabilities.
Status: in_force

(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department of Health and Social Services.

(b) Definitions. — (1) As used in this section, “adults with physical disabilities” shall include persons who are age 18 or older; whose physical condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently; and who need ongoing assistance with daily living. Persons receiving primary case management services from other state agencies, if eligible, may receive services from the Division of Services for Aging and Adults with Physical Disabilities. Persons who have an assigned case manager from another state agency shall retain that case manager as a primary.

(2) As used in this section, “aging or elderly persons” shall have the same meaning as older and eligible individuals as defined in the Older Americans Act, 42 U.S.C. § 3001 et seq.

(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the quality of life for residents of Delaware at least 18 years of age with physical disabilities, or who are elderly. The Division is committed to the development and delivery of consumer-driven services. As such, these services will maximize independence through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.

(d) The Division shall have the following duties and functions:

(1) Serve as the focal point for the assessment, planning and development of service delivery systems designed to meet the needs of adults with physical disabilities and those who are elderly;

(2) Serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual, family and others who serve as the individual’s support system through the provision and coordination of services designed to maximize independent living in the least restrictive manner possible;

(3) Provide information and training to those in the private and public sectors to increase awareness and encourage development of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;

(4) Facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall serve to develop, combine and maximize appropriate resources;

(5) Receive and disburse all funds available to the State from any source, including but not limited to the United States Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal of such funds is otherwise provided by law;

(6) Carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination, customer satisfaction, training and the role of the Advisory Council and its subcommittees after 2 years of operation, and report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report on service requests, requests fulfilled, requests that could not be met and why and observed gaps in service delivery for the Secretary and the General Assembly; and

(7) The Division is authorized to solicit and accept contributions, grants, gifts, and bequests from individuals and/or organizations including, but not limited to, private foundations or alliances, nonpublic agencies, institutions, organizations, or businesses. All funds generated shall be retained by the Division in order to defray costs associated with the volunteer and community service activities and events of the Division. Funds received will not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social Services and the Delaware Office of Management and Budget, and the employees of the Division are bound by § 5806 of this title when engaging in fundraising activities.
29 Del. C. § 6523 — Delaware Code / Title 29 / Chapter 65 / Section 6523
§ Â
        6523. Accounting of receipts, expenditures and property; access to books and records.
Status: in_force

The Secretary of Finance shall keep a distinct account, under appropriate heads, of all receipts and expenditures of state moneys. The Secretary of Finance shall keep a like account of all state property and of all debts and obligations due to and from the State. For such purposes the Secretary shall have free access to the books and papers, documents and records of the several state agencies receiving or expending any state money.
29 Del. C. § 10145 — Delaware Code / Title 29 / Chapter 101 / Subchapter V / Section 10145
§ Â
        10145. Commencement of review.
Status: in_force

No petition, appeal or other application for relief of the Court shall be considered as having been taken or made until it has been filed with the Prothonotary and served upon the agency in accordance with the rules of the Court.
29 Del. C. § 554 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 554
§ Â
        554. Powers with respect to historical buildings, sites, objects and archaeological resources.
Status: in_force

(a) A trust fund is continued under the jurisdiction of the Department of State subject to audit by the Secretary of Finance or its authorized agents to accept, hold and administer gifts and bequests of money, securities or other personal property of whatsoever character, absolutely or on trust.

(b) Unless otherwise restricted by the terms of the gift or bequest, the Department may sell, exchange or otherwise dispose of and invest or reinvest in such investments as it may determine from time to time the moneys, securities or other property given, bequeathed or appropriated to it.

(c) The principal of such funds, together with the income therefrom and all other revenues received by it from any source whatsoever for this purpose, shall be deposited in a special fund of the State.

(d) When the principal and accrued interest of the trust fund shall have accumulated sufficiently in the judgment of the Department to undertake the preservation of a historic building, site, object or archeological resource, the accrued funds, principal and interest may be expended for that purpose.
29 Del. C. § 8791 — Delaware Code / Title 29 / Chapter 87 / Subchapter III / Section 8791
§ Â
        8791. Creation; purpose.
Status: in_force

(a) The Riverfront Development Corporation is created by 70 Del. Laws, c. 210.

(b) The Riverfront Development Corporation’s purpose is to promote the common good of the citizens of this State through the planning, development, and management of programs and projects intended to foster, encourage, and promote recreational, residential, commercial, and industrial development and redevelopment along or in proximity to the Brandywine and Christina Rivers, as recommended in the report of the Governor’s Task Force on the Future of the Brandywine and Christina Rivers, “A Vision for the Rivers” (1994).
29 Del. C. § 6519A — Delaware Code / Title 29 / Chapter 65 / Section 6519A
§ Â
        6519A. Expenditures to firms that discriminate on basis of sex prohibited.
Status: in_force

No order or requisition shall be made, nor any engagement entered into, nor shall any expense be incurred by any agency which will result in an expenditure of money to any person or firm that directly or indirectly refuses, withholds from or denies to any person on the basis of sex full and equal accommodations, facilities, advantages or privileges. No obligation incurred by any officer or employee in violation of this section shall impose any liability upon the State.
29 Del. C. § 4828 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4828
§ Â
        4828. Licensing of video lottery agent directors, officers, and employees.
Status: repealed

(a) The Director shall have the power and duty to license those persons required by this chapter to be licensed and to promulgate rules and regulations for such purpose. The licensure procedure shall include the satisfaction of such security, fitness and background standards as determined necessary relating to competence, honesty and integrity, such that a person’s reputation, habits and associations do not pose a threat to the public interest of the State or to the reputation of or effective regulation and control of the lottery.

(b) It shall be the obligation of the video lottery agent to notify the Director on a continuing basis of any change in officers, directors, key employees, gaming employees, gaming room service employees, sports lottery operations employees and persons who own, directly or indirectly, 10% or more of such entity. Persons holding key employee licenses on January 28, 2010, shall remain licensed as key employees and shall not be required to seek licensure under this section until the license is to be renewed. Persons holding video lottery operations employee licenses shall remain licensed as a gaming employee, but shall be required to seek renewal of their licenses no later than July 28, 2010.

(c) [Repealed.]
29 Del. C. § 8077 — Delaware Code / Title 29 / Chapter 80 / Subchapter III / Section 8077
§ Â
        8077. Annual report.
Status: in_force

On or before December 31, 2018, and on or before every December 31 thereafter, the Commission shall submit to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives for distribution to the members of the General Assembly, an annual report of the Commission’s activities for the previous year and goals for the upcoming year. The report may also include proposals for legislation, administrative action, or other policy changes the Commission considers necessary to carry out its implementation of the task force recommendations or further the goals and purposes of this subchapter.
29 Del. C. § 8756A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8756A
§ Â
        8756A. Bonds.
Status: in_force

(a) The bonds authorized to be issued by this subchapter shall be authorized by a resolution and shall be of such series; bear such date or dates; mature at such time or times, not exceeding 20 years for state-guaranteed bonds; bear interest at such rate or rates; be in such denominations; be of a single denomination payable in installments; be in such form, either coupon or fully registered without coupon; carry such registration, exchangeability and interchangeability privileges; be payable in such medium of payment and at such place or places; be subject to such terms of redemption; and be entitled to such priorities in the revenues of the Authority as such resolution may provide. The bonds shall bear the manual or facsimile signature of the Director, and of the Secretary of the Council on Development Finance, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the Director. Any such bonds may be issued and delivered notwithstanding the fact that 1 or more of the officials signing such bonds, or whose facsimile signature shall be upon the bonds or coupons, shall have ceased to be such official or officials at the time when such bonds shall actually be delivered.

(b) The bonds may be sold at public or private sale for such price or prices as the Authority shall determine. Any bonds may be consolidated for sale with any other bonds of the Authority and sold as a single issue. Pending the preparation of the definitive bonds, temporary bonds may be issued to the purchaser or purchasers of such bonds and may contain such terms and conditions as the Authority may determine.
29 Del. C. § 313 — Delaware Code / Title 29 / Chapter 3 / Section 313
§ Â
        313. State herb.
Status: in_force

Solidago odora, commonly known as “sweet golden rod,” shall be the official herb of the State.
29 Del. C. § 4311 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4311
§ Â
        4311. Fees for services.
Status: in_force

(a) The maximum fee a notary public may charge for a notarial act performed with respect to a tangible record is $5.00.

(b) The maximum fee a notary public may charge for a notarial act performed with respect to an electronic record is $25.

(c) The fees prescribed in this section are the maximum fees to be charged by a notary public and, on violation of this section, the Secretary of State may revoke the commission of the notary public and the notary public may not be reappointed within a period of 2 years.

(d) A notary public may choose to waive any fee for any notarial act.
29 Del. C. § 4863 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4863
§ Â
        4863. Registration.
Status: repealed

(a) (1) No operator shall administer, manage, or otherwise make available an interactive fantasy sports platform to persons located in Delaware unless registered with the Director pursuant to § 4864 of this title. A registrant may use multiple interactive fantasy sports platforms and offer multiples types of contests. This subchapter, and any and all rules and regulations adopted under the authority of this subchapter, shall apply only to interactive fantasy sports contests for which an authorized player pays an entry fee.

(2) [Repealed.]

(b) Registration issued by the Director shall remain in effect for 3 years. The Director shall establish a process for renewal.

(c) The Director shall publish a list of all operators registered in Delaware pursuant to this subchapter on a state website for public use.

(d) Interactive fantasy sports contests offered by a registrant in accordance with the provisions of this subchapter shall not constitute gambling as defined in §§ 1401-1431 of Title 11.

(e) The Director shall promulgate regulations to implement the provisions of this subchapter, including the development of the initial form of the application for registration. Such regulations shall provide for the registration and operation of contests in Delaware and shall include responsible protections with regard to compulsive play and safeguards for fair play.

(f) Registration as an Interactive Fantasy Sports Operator only grants the registrant the privilege to operate interactive fantasy sports contests in the State in accordance with the rules and limitations of this chapter.
29 Del. C. § 5607 — Delaware Code / Title 29 / Chapter 56 / Section 5607
§ Â
        5607. Termination of pension benefits.
Status: in_force

Any state pension benefits available to a person immediately terminate on the person’s appointment to and acceptance of a position as a state judicial officer.
29 Del. C. § 5307 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5307
§ Â
        5307. Eligibility for disability pension.
Status: in_force

In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if:

(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or

(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age.

(3) In addition to meeting the credited service and age requirements contained in paragraphs (1) and (2) of this section, an employee must meet the requirements for a disability pension contained in § 5524 of this title, and the employee’s termination from employment shall be governed by § 5524(b) of this title.
29 Del. C. § 4605 — Delaware Code / Title 29 / Chapter 46 / Section 4605
§ Â
        4605. Appointment of additional counsel.
Status: in_force

For cause, the court may, on its own motion or upon the application of the Office of Defense Services or the indigent person, appoint the Office of Conflicts Counsel, or other qualified counsel, to represent the indigent person at any stage of the proceedings or on appeal. The attorneys contracting with the Office of Conflicts Counsel shall be awarded reasonable compensation and reimbursement for expenses necessarily incurred, to be fixed by the Chief Defender and paid through the Office of Conflicts Counsel.
29 Del. C. § 6403 — Delaware Code / Title 29 / Chapter 64 / Section 6403
§ Â
        6403. Definitions.
Status: in_force

As used in this chapter the terms “department” and “agency” mean those entities receiving an appropriation in the Budget Appropriation Bill.
29 Del. C. § 1907 — Delaware Code / Title 29 / Chapter 19 / Section 1907
§ Â
        1907. Effect on legislative analysis.
Status: in_force

No provision of this chapter shall be deemed to prevent or limit the preparation of any analysis of any bill or joint resolution by the staff of the Legislative Council or by attorneys of the Senate or House of Representatives when such analysis is requested by a member of the General Assembly.
29 Del. C. § 2705 — Delaware Code / Title 29 / Chapter 27 / Section 2705
§ Â
        2705. Custody and investment of state funds.
Status: in_force

(a) The State Treasurer shall have custody of money belonging to the State, including, but not limited to, money in the School Fund. All money belonging to the State, except money deposited in any pension fund of the State, and received by the State Treasurer, shall be invested daily.

(b) Money belonging to the State shall continue to be invested until required by the State Treasurer to make disbursements authorized by law.
29 Del. C. § 5942 — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5942
§ Â
        5942. Certification of payrolls; audits.
Status: in_force

(a) No state disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in the classified service unless the payroll voucher or account bears the certification or electronic approval of the appropriate state officer that the persons named therein are being paid in accordance with this chapter and the rules, regulations and orders thereunder.

(b) The Director of the Office of Management and Budget shall conduct such post audits of state payrolls and such other investigations as deemed necessary to ensure that this chapter and the rules, regulations and orders thereunder are being observed. Any violations shall be called immediately to the attention of the appropriate agency head and to the Auditor of Accounts and Secretary of Finance. Thereafter, no payment shall be made to any employee whose salary rate has been questioned until the rate has been adjusted to the satisfaction of the Director of the Office of Management and Budget.
29 Del. C. § 1120 — Delaware Code / Title 29 / Chapter 11 / Subchapter II / Section 1120
§ Â
        1120. Custody.
Status: in_force

The Director of the Division of Legislative Services, or the Director’s designee, shall receive and exercise control over all inventory of Session Laws and legislative journals for sale and distribution as provided by law.
29 Del. C. § 6515 — Delaware Code / Title 29 / Chapter 65 / Section 6515
§ Â
        6515. Approval of bills or statements of account; voucher or warrant for payment.
Status: in_force

(a) No money shall be drawn from the Treasury of this State to pay the salaries and expenses of employees of this State, or to defray the expenses of any agency, or for or on account of any contract for building or repairs, or for property purchased, or for work and labor performed or for materials or supplies furnished to any agency, except upon legitimate itemized bills, invoices or statements presented to, reviewed and approved by an approving official of the agency being charged.

(b) Such obligations shall be paid only upon processing of the appropriate payment transactions as prescribed by the accounting manual, unless specifically exempted therein, and bearing the approval or approvals as prescribed by the accounting manual.

(c) If the payment transaction involves no violation of this chapter or of any State statute, the Division of Accounting shall cause the transaction to be approved and released for disbursement processing.

(d) For the payment of salaries, pensions or any other obligations for which bills, invoices or statements are not renderable, the Secretary of Finance shall process a payment transaction, which shall be approved by him or her, directing and authorizing the payment of the amounts due and payable.

(e) Nothing in this chapter shall apply to the payment of principal or interest on any obligation of this State.
29 Del. C. § 3804 — Delaware Code / Title 29 / Chapter 38 / Section 3804
§ Â
        3804. 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 § 3801 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. § 2531 — Delaware Code / Title 29 / Chapter 25 / Subchapter III / Section 2531
§ Â
        2531. Definitions.
Status: in_force

As used in this subchapter:

(1) “Not-for-profit healthcare conversion transaction” includes:

a. The sale, transfer, lease, exchange, optioning, conveyance, affiliation, merger, joint venture, or other disposition of a material amount of the assets or operations of a not-for-profit healthcare entity, made other than in the normal course of business, to an entity or person other than a charity or not-for-profit entity;

b. The transfer of control or governance of a material amount of the assets or operations of a not-for-profit healthcare entity to an entity or person other than a charity or not-for-profit entity;

c. A substantial change or amendment to a certificate of incorporation which materially affects a not-for-profit healthcare entity’s charitable or public benefit intent, or the disposition of reserves or control of a not-for-profit healthcare entity to an entity or a person other than a charity or not-for-profit entity;

d. A change in the composition of the Board of Directors such that, upon the effective date of such change, a majority of directors of the not-for-profit healthcare entity are affiliated with (or have been elected by directors a majority of whom were or are affiliated with) any single entity or person other than a charity or not-for-profit entity. For purposes of this paragraph, a director shall be deemed to be affiliated with such entity or person if such director:

1. Receives or has received, directly or indirectly, compensation, including income, in any form from such person or entity (or parent, subsidiary or affiliate of such entity);

2. Serves or has served as a director, officer, employee, partner, member or agent of such entity (or of a parent, subsidiary or affiliate of such entity);

3. Is a close family member of such person or is a close family member of any person who serves as an officer or director of such entity (or parent, subsidiary or affiliate of such entity); or

4. Is, directly or indirectly, controlled by such person or entity.

(2) “Not-for-profit healthcare entity” includes a not-for-profit hospital, including a corporation or a hospital created under a trust or will, a not for profit healthcare service provider, a not-for-profit nursing home or long term care facility, a not-for profit healthcare insurer, a mutual corporation holding assets in charitable trust for the public benefit, an entity maintaining plans to provide healthcare services or indemnity thereof, and an entity, other than a for-profit entity, affiliated with any of these through ownership, governance, or membership, such as a holding company or subsidiary.

(3) “Not-for-profit healthcare insurer” includes a not-for-profit provider of healthcare insurance, including service associations, health service corporations, and physician service organizations or their affiliates.

(4) “Person” means an individual, partnership, trust, estate, corporation, association, organization, joint venture, joint stock company, limited liability company, or other legal or commercial entity.

(5) “Public benefit asset” means, as to a not-for-profit healthcare entity that is seeking to engage in a not-for-profit healthcare conversion transaction, that part of the fair market value of the converting entity impressed with a public trust for the public benefit as initially determined by the Attorney General and subject to the approval of the Court of Chancery.
29 Del. C. § 8520 — Delaware Code / Title 29 / Chapter 85 / Section 8520
§ Â
        8520. Transfers and continuity.
Status: in_force

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

(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

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

(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with functions transferred to the Department by this chapter, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. § 8725 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8725
§ Â
        8725. Delaware Commission of Veteransâ Affairs â Relationship to other state agencies [For application of the transfer of this section, see 85 Del. Laws, c. 137, Â 12] [Transferred].
Status: in_force

Transferred to § 8816 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025.
29 Del. C. § 7919 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7919
§ Â
        7919. Division of State Service Centers.
Status: in_force

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

(b) The Division of State Service Centers shall be responsible for the operation of Service Centers throughout the State as the General Assembly from time to time may provide for.

(c) The Division of State Service Centers shall coordinate the delivery of services and programs of various divisions within the Department of Health and Social Services, other State agencies, and nonprofit providers who are co-located in State Service Centers.

(d) The Division of State Service Centers shall report from time to time to the Secretary of the Department of Health and Social Services concerning the effectiveness of delivery of services by State Service Centers.

(e) The mission of the Division of State Service Centers is to alleviate crises, to foster self-sufficiency for vulnerable families, to provide volunteer and community service opportunities for all Delawareans and to address the causes and conditions of poverty.

(f) The Division of State Service Centers shall operate the State Office of Volunteerism, the Office of Community Services and the Office of Family Support.

(g) The Division of State Service Centers shall serve as a safety net for Delawareans by facilitating individual and community partnerships for the delivery of human services, and by advocating for vulnerable families.

(h) The Division of State Service Centers shall have the power to promulgate rules and regulations to implement this section.

(i) The Division of State Service Centers is authorized to solicit and accept contributions, grants, gifts and bequests from organizations including, but not limited to, private foundations or alliances, non-public agencies, institutions, organizations or businesses. All funds generated shall be retained by the Division of State Service Centers in order to defray costs associated with the volunteer and community service activities and events of the Division of State Service Centers. Funds received will not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social Services and the Office of Management and Budget, and employees of the Division of State Service Centers are bound by § 5806 of this title when engaging in fundraising activities.

(j) All employees of Family Visitation Centers operated by the Division, either directly or through contractual agreement, shall be certified as to whether:

(1) The individual is named in the Central Register as the perpetrator of a reported case of child abuse. Costs associated with obtaining the Child Abuse Registry information shall be borne by the State.

(2) The individual has cleared state and federal criminal history background checks. Costs associated with obtaining the criminal history information shall be borne by the State for state employees.

The Division shall develop policies concerning the conditions of employment related to both Child Abuse Registry checks and criminal history background checks.
29 Del. C. § 5606 — Delaware Code / Title 29 / Chapter 56 / Section 5606
§ Â
        5606. Application for benefits.
Status: in_force

(a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlier than second month preceding the date on which the application for such benefit is filed.

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

(c) Upon receipt of any form pursuant to subsection (a) of this section, the Board shall consider the retirement and if they find that benefits are due under this chapter they shall notify the State Treasurer who shall make payments of benefits under this chapter out of the State Judiciary Retirement Fund or out of funds transferred for the purpose from the General Fund, as provided in § 5601 of this title.

(d) A service pension, disability pension, or survivor’s pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust (“Miller Trust”), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.
29 Del. C. § 3303 — Delaware Code / Title 29 / Chapter 33 / Section 3303
§ Â
        3303. Remuneration study; report.
Status: in_force

(a) The Commission shall make a study of the salaries, emoluments, mileage, per diem, travel and other expense allowances and reimbursements (hereinafter collectively referred to as “remuneration”) of the members of the General Assembly, the Governor, members of the Governor’s cabinet, the Lieutenant Governor, the State Auditor, the State Treasurer, the Attorney General, the Insurance Commissioner, the Justices of the Supreme Court, the Chancellor and Vice-Chancellors of the Court of Chancery and all judges and court commissioners of the Superior Court, the Court of Common Pleas and the Family Court, the Chief Magistrate, the justices of the peace and the Chief Defender.

(b) On January 1, 1985, the Commission shall submit to the Governor, the Chief Justice, the President Pro Tempore of the Senate and the Speaker of the House of Representatives its first report establishing such remuneration. Thereafter, the Commission shall cause a report to be prepared every 4 years and submitted on the first day of the session of the General Assembly. The rate of remuneration established in the report for offices which salaries are more than $25,000, except for the Governor shall not exceed 120% of the remuneration received in the fiscal year in which the report is submitted. All departments and divisions of the State shall cooperate in furnishing to the Commission such information as the Commission may deem to be necessary to discharge its duties. With each report, the Commission shall include its recommendations to the Governor and General Assembly concerning pension benefits for members of the General Assembly, subject to the approval of the Board of Pension Trustees that such recommendations are based on reasonable actuarial assumptions and that such recommendations shall not require any additional state appropriation.
29 Del. C. § 8785 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8785
§ Â
        8785. No pledge of state credit; no assumption of liability by State.
Status: in_force

The Corporation shall have no power, except where expressly granted by separate act of the General Assembly, to pledge the credit or to create any debt or liability of the State or of any other agency or of any political subdivision of the State, and the State shall not assume or be deemed to have assumed any debt or liability of the Corporation as the result of any exercise of power by the Corporation.
29 Del. C. § 7941 — Delaware Code / Title 29 / Chapter 79 / Subchapter III / Section 7941
§ Â
        7941. Disclosure of income.
Status: repealed

Notwithstanding § 1241 [repealed] of Title 30, the Secretary of Finance shall, upon the written request of the Secretary of the Department of Health and Social Services, provide the Secretary with the gross and net income, as defined in Chapter 11 of Title 30, and all other available financial data concerning those persons who are liable under this subchapter for payments for the care, treatment or both of any persons in facilities operated by the Department of Health and Social Services and who are not paying the full cost of such care, treatment or both monthly. The Secretary shall certify that information so received shall be used only for the purpose of collecting sums due the State and any employee of the Department found guilty of disclosing such information for any other purpose shall be subject to the same penalties as provided in § 1241 [repealed] of Title 30.
29 Del. C. § 5924 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5924
§ Â
        5924. Department of Technology and Informationâs acceptable use policy.
Status: in_force

The Secretary shall ensure that each merit employee signs a copy of the Department of Technology and Information’s acceptable use policy and that the signed copy is placed in each employee’s personnel file. If an investigation concludes that a merit employee has violated that policy, any discipline resulting in the loss of wages must first be reviewed by the Department of Human Resources prior to implementation of the discipline.
29 Del. C. § 4833 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4833
§ Â
        4833. Exemption from federal law.
Status: in_force

Pursuant to § 2 of Chapter 1194, 64 Stat. § 1134, 15 U.S.C. § 1172, the State, acting by and through its duly elected and qualified members of the General Assembly, does declare and proclaim that the State is exempt from Chapter 1194, 64 Stat. § 1134, 15 U.S.C. § 1172, and that the shipment of table gaming equipment, sports lottery machines and video lottery machines to video lottery agents in Delaware, done in accordance with federal law, shall be a legal shipment of a gambling device within the State.
29 Del. C. § 5940 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5940
§ Â
        5940. Review dates.
Status: in_force

The review date for employees of the classified service shall be December 31 of each fiscal year, except for fiscal year 1990. For fiscal year 1990, the review date for all employees shall be January 1, 1990, and shall not change during the fiscal year. The review date for employees hired during any fiscal year shall be December 31 of the subsequent fiscal year, except for fiscal year 1990. For fiscal year 1990, the review date for employees hired before January 1, 1990, shall be January 1, 1990, and for those hired after January 1, 1990, the review date shall be July 1, 1990.
29 Del. C. § 6331 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6331
§ Â
        6331. Data on legislative and judicial expenses.
Status: in_force

(a) The Director of the Office of Management and Budget shall determine the actual expenses of each last preceding legislative session.

(b) On or before November 15, annually, estimates of the financial needs of the state judiciary for the ensuing fiscal year shall be furnished to the Director of the Office of Management and Budget by the Clerk of the Supreme Court and certified by him or her. These estimates shall include without change, salaries of the state judiciary as fixed by law; the estimates of other requirements for the state judiciary for the ensuing fiscal year shall be included as designated to the Clerk of the Supreme Court.

(c) All of the data relative to the legislative branch of the government and the state judiciary shall be for the Office of Management and Budget Director’s information and guidance in estimating the total financial needs of the State for the ensuing fiscal year, but none of these estimates shall be subject to revision or review by the Director of the Office of Management and Budget and must be included in the budget report as prepared by it.
29 Del. C. § 2910 — Delaware Code / Title 29 / Chapter 29 / Section 2910
§ Â
        2910. Subpoena power.
Status: in_force

(a) In connection with other powers of the Auditor of Accounts, the Auditor shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of books, papers, records, or other evidence needed for the performance of the Auditor’s duties or exercise of the Auditor’s powers.

(b) A subpoena issued under this section is effective throughout this State.

(c) Service of such a subpoena may be made by the Auditor, the Auditor’s deputy, or other staff designated by the Auditor for purpose of serving a subpoena as follows:

(1) Where the person served is an individual person, by 1 of the following:

a. Serving the person to whom it is addressed personally.

b. Leaving it at the person’s usual place of abode with an individual of suitable age and discretion residing therein.

c. Sending it by certified mail to the last known address of the person to whom the subpoena is addressed.

(2) Where the person served is a corporate or other entity, by 1 of the following:

a. Serving the registered agent personally or by certified mail.

b. Serving any individual authorized to accept service on behalf of the entity personally at that individual’s usual place of business, the place of business of the entity, or by certified mail.

(d) If a properly served recipient of a subpoena fails or refuses to respond, the Superior Court may, upon application by the Auditor, issue an order requiring the recipient of the subpoena to appear before the Auditor in response to the subpoena. Failure to obey such an order may be punished by the court as a contempt thereof.
29 Del. C. § 9005 — Delaware Code / Title 29 / Chapter 90 / Section 9005
§ Â
        9005. Powers, duties and functions of Secretary.
Status: in_force

The Secretary shall:

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

(2) Appoint and determine the salary, with the written approval of the Governor, of the following individuals 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 that may be assigned by the Secretary:

a. A director of the Division of Family Services who shall be known as the Director of Family Services;

b. A director of the Division of Prevention and Behavioral Health Services who shall be known as the Director of Prevention and Behavioral Health Services;

c. A director of the Division of Youth Rehabilitative Services who shall be known as the Director of Youth Rehabilitative Services;

d. A director of the Division of Management Services who shall be known as the Director of Management Services; and

e. A deputy secretary of the Department who shall be known as the Deputy Secretary of the Department of Services for Children, Youth and Their Families;

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

a. An administrator of the Office of Case Management who shall be known as the Administrator of Case Management; and

b. An administrator of the Office of Prevention who shall be known as the Administrator of Prevention;

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

(5) 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 from public and private agencies in this State and other states, whenever the same shall be deemed by the Secretary to be necessary in the performance of the functions of the Department. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

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

(7) Establish and promulgate such rules and regulations governing the services and programs of the Department and such other 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 federal and state law;

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

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

(10) Prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly as directed under this chapter;

(11) Coordinate the activities of the Department with those of other state departments and private agencies concerned with providing services for children and their families;

(12) Make such reports in such form and containing such information as the federal government may require in order to obtain federal aid and comply with such provisions as the federal government may find necessary to assure the correctness and verification of such reports;

(13) Devise and adopt a plan to provide for the use of weapons by specialized juvenile probation and parole officers. The plan shall require such officers to successfully complete a psychological evaluation and a course of instruction in weapons training and safety, to carry a firearm while at work in the field. Said course of instruction shall meet or exceed the standards established by the Police Officer Standards and Training Commission and any other training and education determined by the Department of Services for Children, Youth and Their Families;

(14) Have any and all other powers and duties as are necessary to administer the powers, duties and functions of the Department and implement the purposes of this chapter.
29 Del. C. § 1122 — Delaware Code / Title 29 / Chapter 11 / Subchapter II / Section 1122
§ Â
        1122. Distribution to state agencies and legislators.
Status: in_force

The Director of the Division of Legislative Services (“Director”), or the Director’s designee, shall distribute gratis copies of the Session Laws and legislative journals in the inventory to such agencies and public officials of the State as show a need for them.

As soon as possible after publication, the Director, or the Director’s designee, shall distribute gratis to each person who was a member of the General Assembly to which the books related a copy of the Session Laws enacted by that General Assembly and a copy of the journals of that session.
29 Del. C. § 910 — Delaware Code / Title 29 / Chapter 9 / Section 910
§ Â
        910. Consideration of agency rules during legislative interim.
Status: in_force

(a) When an agency adopts a rule or regulation, or makes a substantive amendment to a rule or regulation of the agency during the legislative interim between July 1 and the second Tuesday in January, and the chair of a standing committee of either house believes in good faith that the rule, regulation, or amendment to the rule or regulation impacts or is within the subject-matter jurisdiction of the committee, the chair may schedule a meeting of the committee to consider the rule, regulation, or amendment to the rule or regulation.

(b) When more than 1 standing committee wishes to hold a meeting to consider the same rule, regulation, or amendment to the rule or regulation, the standing committees shall become a joint committee and shall remain as a joint committee for that purpose until the first day of the next following General Assembly session, or until the adjournment of the joint committee, whichever comes first. A standing committee may withdraw from the joint committee at any time. Each joint committee consisting of standing committees from both Houses of the General Assembly must be co-chaired by a House standing committee chair and a Senate standing committee chair.

(c) Each joint committee shall have the power, by a majority vote of its members, to draft a committee report setting forth its suggestions and recommendations, and to request the President Pro Tempore of the Senate or the Speaker of the House to call a special session to consider committee recommendations. Each joint committee shall provide its committee report to the Joint Legislative Oversight and Sunset Committee.
29 Del. C. § 6081 — Delaware Code / Title 29 / Chapter 60C / Section 6081
§ Â
        6081. Definitions.
Status: in_force

(a) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

(b) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms “owns,” “is owned” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more, and the term “person” means an individual, partnership, committee, association, corporation or any other organization or group of persons.

(c) “Allocable share” means allocable share as that term is defined in the Master Settlement Agreement.

(d) “Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

(2) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(3) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (d)(1) of this section. The term “cigarette” includes “roll-your-own” (i.e., any tobacco which, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of “cigarette,” 0.09 ounces of “roll-your-own” tobacco shall constitute 1 individual “cigarette.”

(e) “Master Settlement Agreement” means the settlement agreement (and related documents) entered into on November 23, 1998, by the State and leading United States tobacco product manufacturers.

(f) “Qualified escrow fund” means an escrow arrangement with a federally- or State-chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds’ principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds’ principal except as consistent with § 6082(2) of this title.

(g) “Released claims” means released claims as that term is defined in the Master Settlement Agreement.

(h) “Releasing parties” means releasing parties as that term is defined in the Master Settlement Agreement.

(i) “Tobacco product manufacturer” means an entity that after July 20, 1999, directly (and not exclusively through any affiliate):

(1) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of Section II(mm) of the Master Settlement Agreement and that pays the taxes specified in Section II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

(2) Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

(3) Becomes a successor of an entity described in paragraph (i)(1) or (2) of this section.

The term “tobacco product manufacturer” shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of the provisions of paragraphs (i)(1)-(3) of this section.

(j) “Units sold” means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs (or “roll-your-own” tobacco containers) bearing the excise tax stamp of the State. The Department of Finance agency shall promulgate such regulations as are necessary to ascertain the amount of State excise tax paid on the cigarettes of such tobacco product manufacturer for each year.
29 Del. C. § 8308 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8308
§ Â
        8308. Board of Pension Trustees.
Status: in_force

(a) There is established a Board of Pension Trustees. The Board is subject to a standard of care in which the Board, its committees, and each of the committees’ members shall discharge their duties with respect to each plan listed under subsection (b) of this section solely in the interest of the participants and beneficiaries of such plans and for the exclusive purpose of providing plan benefits to participants and their beneficiaries, including defraying reasonable expenses of administering each plan, with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of such plan.

(b) The Board shall have:

(1) The Board shall establish the Delaware Public Employees’ Retirement System, a body corporate and politic, which has control and management of the state pension funds provided for in:

a. The State Employees’ Pension Plan pursuant to Chapter 55 of this title;

b. The closed State Police Retirement Fund pursuant to subchapter II of Chapter 83 of Title 11;

c. The new State Police Retirement Fund pursuant to subchapter III of Chapter 83 of Title 11;

d. The State Judiciary Retirement Fund pursuant to Chapter 56 of this title;

e. The County and Municipal Employees’ Retirement Fund pursuant to Chapter 55A of this title;

f. The County and Municipal Police/Firefighter Retirement Fund pursuant to Chapter 88 of Title 11;

g. The Volunteer Fireman’s Pension Fund pursuant to Chapter 66A of Title 16;

h. The closed Diamond State Port Corporation Pension Plan pursuant to Chapter 87 of this title;

i. The County and Municipal Police/Firefighter Special Fund pursuant to Chapter 7 of Title 18;

j. The Special Pension Fund pursuant to Chapter 191, Volume 61, Laws of Delaware; and

k. The Local Government Retirement Investment Pool pursuant to Chapter 83 of this title.

l. The OPEB Fund created pursuant to Chapter 52B of this title.

(2) The power and duty to appoint an Executive Secretary who shall be responsible for determining the eligibility for retirement pension benefits for all state-administered pension plans including the determination of eligibility for paraplegic veterans’ benefits as provided for in § 1001 of Title 20.

(3) The power and duty to hear appeals from the decision of the Executive Secretary regarding pension benefits provided for all state-administered pension plans.

(4) The power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

a. The Arbitration Committee and the Disability Commission pursuant to Chapter 55 of this title;

b. The State Board of Education and the Director of the Delaware Psychiatric Center pursuant to Chapter 39 of Title 14;

c. The Board of State Judiciary Pension Trustees pursuant to Chapter 56 of this title;

d. The State Police Pension Board pursuant to subchapter II of Chapter 83 of Title 11.

(5) The authority to comingle assets of the Delaware Public Employees’ Retirement System for investment purpose, provided said assets shall be maintained separately for accounting purposes. Fees and expenses authorized by the Board shall be paid from the assets of each separate plan and/or fund as applicable.

(c) In addition to the foregoing, the Board shall have the following powers, duties and functions:

(1) To adopt rules and regulations for the general administration of the state pension plans and benefits set forth in subsection (b) of this section;

(2) To appoint an actuary to perform the actuarial services necessary to effectuate the purposes of this section;

(3) To prepare and publish an annual report to the Governor and General Assembly on its activities, including administration expenses;

(4) To maintain and invest the pension funds qualified under Internal Revenue Code § 401(a) [26 U.S.C. § 401(a)] of the Delaware Public Employees Retirement System. The assets of such funds may be commingled for investment purposes but will be maintained separately for accounting purposes. Fees and expenses authorized by the Board shall be paid from the assets of each separate fund as applicable. The Board shall also have the power and duty to maintain and invest the Volunteer Fireman’s Pension Fund under § 457(e)(11) of the Internal Revenue Code [26 U.S.C. § 457(e)(11)]. The assets of such fund will be invested separately and maintained separately for accounting purposes. Fees and expenses authorized by the Board shall be paid from the assets of such fund.

(5) To make and enter into any and all contracts with any agency of the State, any outside agency, or person for the purpose of performing its duties, including, but not limited to, assisting in the administration of this section and the investing or advising as to the investment of the pension plans, funds, or benefits under its control and management. The Board shall enter into a memorandum of understanding with any such agency of the State or outside agency, including the following:

a. The Office of Management and Budget for the administration of the Pension Office.

b. The Department of Technology and Information for technology assistance.

c. The Department of Justice for legal counsel.

d. The Department of Human Resources for consultation regarding insurance and risk management.

(6) To determine the interest rate to be credited to employee contributions and the rate to be charged on repayment of contributions previously withdrawn;

(7) To issue subpoenas and administer oaths in any proceeding and in all other cases where it is necessary in the exercise of the powers and duties of the Board. Such oaths may be administered and such subpoenas issued by any member of the Board. Any subpoena, process or order of the Board or any notice or paper requiring service may be sent by certified mail, return receipt requested, or may be served by any constable or any state employee designated by the Board, with the return to be made to the Board. If service is made by a constable, the constable shall receive the same fees as are provided by law for like service in civil actions; if service is made by a state employee designated by the Board, such state employee shall not receive any fee, but shall be reimbursed such state employee’s actual expenses;

(8) To examine persons as witnesses, take evidence, require the production of documents and do all other things pursuant to law which are necessary to enable it effectively to discharge its duties of office. In proceedings before the Board, if any person neglects to produce any pertinent document, neglects or refuses to appear after having been subpoenaed, refuses to testify or be examined by members of the Board, disobeys or resists any lawful order or process or misbehaves during a hearing in a manner intended to obstruct the hearing, the Board shall certify the facts under signature of its Chairperson to any Judge of the Superior Court, which Judge shall thereupon hear the evidence as to the acts complained of. The Judge shall, if the Judge deems the evidence so warrants, issue an order requiring such person to testify, produce documents or otherwise comply with the requirements of the Board, as the case may require. Refusal to comply with the order of the Court shall constitute contempt of Court;

(9) a. In any Pension Office appeal hearing submitted to the Board, the Board shall designate 1 or more of its members to act as hearing officer or officers. The hearing officer or officers shall hear the evidence and arguments presented by the parties. The hearing officer or officers shall have all the powers of the Board in exercise of their responsibilities during the hearing.

b. In every case, the hearing officer or officers shall prepare and transmit a decision containing the findings of fact and conclusions of law to the Board within 60 days of the hearing for consideration at the next regularly scheduled Board meeting.

c. The Board may accept, reject or modify the hearing officer’s or officers’ decision and shall prepare a final decision (“final decision”). Within 5 days of the Board meeting, the final decision shall be mailed to the parties on record at their designated addresses via first class U.S. mail.

d. The Board’s final decision may be appealed to the Superior Court within 30 days after it is mailed to the parties by the Board. The appeal shall be on the record established at the hearing.

(10) To administer any pension plan established by the Diamond State Port Corporation, upon such terms as negotiated with the Diamond State Port Corporation;

(11) To maintain and invest the OPEB Fund provided for in paragraph (b)(5) of this section. Fees and expenses authorized by the Board shall be paid from the assets of the OPEB Fund as applicable;

(12) To make and enter into any and all contracts with any agency of the State, or any outside agency, or company for the purposes of assisting in the general administration and the investing or advising as to the investment of the OPEB Fund under its control and management.

(13) To adopt rules and regulations appropriate or necessary to maintain the qualified status of each state pension plan and benefit set forth in subsection (b) of this section under Internal Revenue Code §§ 401(a) and 414(d) [26 U.S.C. §§ 401(a) and 414(d)] or such other provision of the Internal Revenue Code as applicable;

(14) To adopt by rule and regulation a qualified excess benefit arrangement under Internal Revenue code § 415(m) [26 U.S.C. § 415(m)] with respect to any state pension plan that is qualified under Internal Revenue Code §§ 401(a)and 414(d)[26 U.S.C. §§ 401(a) and 414(d)] in order to pay benefits that cannot be paid from that pension plan because of the limits under Internal Revenue Code § 415 [26 U.S.C. § 415].

(15) To establish committees for the purposes of: overseeing, approving, and terminating investments; consultation on internal and external audit; governance; or any purposes necessary to perform its duties. Committees may include persons who are not members of the Board. Any member of the Board may make nominations of prospective committee members and the Board shall consider the nominations and make appointments by majority vote of the Board. The Board may adopt policies consistent with any such delegation of its authorities.

(16) To approve the annual budget for each of the plans listed under subsection (b) of this section.

(17) Notwithstanding provisions of § 2906(c) of this title to the contrary, the sole authority to contract with a certified public accounting firm for an annual financial audit of each of the plans listed under subsection (b) of this section, which shall be provided annually to the General Assembly. The Board shall seek the input of the Audit Committee and the Auditor of Accounts in the selection of the certified accounting firm to perform the annual audit. Payment for each audit must be approved by the Board.

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

(d) All records maintained by the Board or the Office of Pensions and Investments relating to the pensions or pension eligibility of persons receiving pensions from the State or other post-employment benefits and who are not presently employed by or serving as officers of the State or its political subdivisions shall be confidential. Any record, material or data received, prepared, used or retained by the Board or its employees, investment professionals or agents relating to an investment shall not constitute a public record subject to Chapter 100 of this title.

(e) The Board of Pension Trustees shall be composed of 7 members as follows:

(1) The Secretary of Finance and the Director of the Office of Management and Budget shall serve ex officio as voting members;

(2) Four other members who shall be appointed by the Governor with the consent of a majority of the members elected to the Senate;

(3) At least 2 of the appointed members shall be affiliated with 1 of the major political parties, and at least 2 of the appointed members shall be affiliated with 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 Board.

(4) The seventh member shall be appointed by and serve at the pleasure of the Governor with the consent of a majority of the members elected to the Senate and shall be Chairperson of the Board.

(f) The terms of the appointed members shall be staggered. The first appointee shall serve for a term of 1 year; the second appointee shall serve for a term of 2 years; the third appointee shall serve for a term of 3 years; and the fourth appointee shall serve for a term of 4 years. Thereafter, appointed members shall serve for a term of 4 years. The seventh member shall serve at the pleasure of the Governor and shall be Chairperson of the Board.

(g) Each appointed member of the Board shall be paid $150 for each day devoted to Board business. Members shall be entitled to reimbursement for travel and other expenses made necessary by their official duties.

(h) Any appointment, by the Governor by and with the consent of a majority of the members elected to the Senate, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term.

(i) Any applicant for a pension aggrieved by a decision after a hearing by the Board of Pension Trustees may appeal that decision to the Superior Court and such appeal and review shall be conducted according to the provisions governing judicial review of case decisions under the Administrative Procedures Act.

(j) The State shall indemnify Board or committee members who were or are a party, or are threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that the Board or committee member is or was a Board member against expenses, including attorneys’ fees if the Attorney General determines that Attorney General may not provide representation, judgments, fines and amounts paid in settlement actually and reasonably incurred by the Board or committee members in connection with such action, suit or proceeding, if the Board or committee members acted in good faith and in a manner the Board or committee members reasonably believed to be in the best interest of the State and with respect to any criminal action or proceeding had no reasonable cause to believe the Board or committee member’s conduct was unlawful. Expenses incurred in defending a civil, administrative or investigative action, suit or proceeding shall be paid by the State in advance of final disposition of such action, suit or proceeding if:

(1) Initially authorized by a majority vote of the Board exclusive of the member or members to be indemnified unless more than a majority of the Board shall also be parties to the same action, suit or proceeding, in which instance, such authorization shall be by the Governor of the State; and

(2) Such Board member agrees to repay such amount if it is ultimately determined by the Board or the Governor, as the case may be, pursuant to paragraph (j)(1) of this section that such member is not entitled to indemnification under this section.

(k) No member of the Board of Pension Trustees appointed under subsection (e)(2) of this section shall receive a pension credit for the member’s service as a trustee under any state pension system administered by the Board.

(l) The Board shall establish a Local Government Retirement Investment Pool with the following powers, duties and functions:

(1) The governing body or investing authority of a local government, meaning any city, town or county in Delaware, may pay public retirement moneys of the local government into the Local Government Retirement Investment Pool which shall be in the custody of the Board of Pension Trustees. The Board of Pension Trustees shall invest the funds in the same manner and in the same types of investments and subject to the same limitations provided for the deposit and investment of state retirement funds. Funds of the local governments may be commingled with funds of the state pension trust for investment purposes only and shall be accounted for separately.

(2) The Board of Pension Trustees shall adopt such rules and regulations as are necessary for the administration of this Investment Pool including specification of minimum amounts which may be paid into the Pool and minimum periods of time for which such payments shall be retained in the Pool. Earnings shall be equitably prorated among the local governments in the Pool based upon the amount and length of time the moneys are on deposit in the Pool. All costs of participation and administration in the Pool shall be equitably prorated among the participating local governments.

(3) The governing body or investing authority of a local government, meaning any city, town or county in Delaware, may pay Other Post Employment Benefit funds of the local government into the Local Government Retirement Investment Pool which shall be in the custody of the Board of Pension Trustees. The Board of Pension Trustees shall invest the funds in the same manner and in the same types of investments and subject to the same limitations provided for the deposit and investment of state Other Post Employment Benefit funds. Funds of the local governments may be commingled with funds of the state Other Post Employment Benefit trust for investment purposes only and shall be accounted for separately.

(m) The Board of Pension Trustees shall have the authority to levy interest penalties on participating employers in the Delaware Public Employees Retirement System, who fail to remit employee and employer pension contributions to the Delaware Public Employees’ System when due. In the exercise of this authority the Board of Pension Trustees shall adopt such rules and regulations as are necessary to encourage the timely payment of these funds, to provide a mechanism to collect overdue contributions, and to reimburse the Delaware Public Employees’ Retirement System for lost investment revenue. These actions may include, among other actions, the imposition of interest and/or the adoption of an assessment for late payment of contributions by an employer at a rate not to exceed the Board’s economic assumption for investment return.

(n) The Board shall meet as often as necessary to properly discharge its duties, but no less than 10 times annually. The Chairperson of the Board is authorized to call special meetings of the Board in addition to the minimum 10 annual meetings and to set the agenda for these meetings.

(o) The use of teleconferencing or videoconferencing is authorized for use in conducting meetings of the Board and its committees, including for the purposes of obtaining quorum and voting.

(p) All records maintained by the Board or the Office of Pensions and Investments relating to the Board’s Internal Audit Department shall be confidential. Any record, material or data received, prepared, used or retained by the Board’s Internal Audit Department shall not constitute a public record subject to Chapter 100 of this title.
29 Del. C. § 7703 — Delaware Code / Title 29 / Chapter 77 / Subchapter I / Section 7703
§ Â
        7703. Conflict with other laws.
Status: in_force

Notwithstanding any other law to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this subchapter.
29 Del. C. § 5823 — Delaware Code / Title 29 / Chapter 58 / Subchapter III / Section 5823
§ Â
        5823. Audits; penalty [Effective until May 22, 2026].
Status: in_force

(a) The State Auditor shall conduct an annual audit of the time records which have been kept by the supervisors or school board in accordance with § 5822(b) and (c) of this title to determine whether or not an employee was paid from more than 1 tax-funded source for working coincident hours of the day.

(b) Any discrepancy found by the State Auditor shall be reported to the Public Integrity Commission for investigation pursuant to § 5810 of this title and/or to the Office of the Attorney General for possible prosecution under § 876 of Title 11 (tampering with public records in the first degree) and any other appropriate section.(a) The State Auditor shall conduct an annual audit of the time records which have been kept by an elected or appointed official’s immediate supervisor or school board under § 5822 of this title to determine whether the elected or appointed official was paid from more than 1 tax-funded source for working coincident hours of the day.

(b) If the State Auditor finds a discrepancy in the records kept under § 5822 of this title, the State Auditor shall report the discrepancy to the Commission, for investigation under § 5810 of this title, and to the Department of Justice, for prosecution under § 876 of Title 11 (tampering with public records in the first degree) or any other law of this State.
29 Del. C. § 4103 — Delaware Code / Title 29 / Chapter 41 / Section 4103
§ Â
        4103. Consortium membership; term of office [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, Â 2].
Status: in_force

(a) The Consortium is composed of the following members, or a designee selected by a member serving by virtue of position:

(1) The following members, who are voting members of the Consortium:

a. Two members, appointed by the Speaker of the House of Representatives.

b. Two members, appointed by the President Pro Tempore of the Senate.

c. The President of Delaware State University.

d. The President of the NAACP of Delaware.

e. The President of the Delaware chapter of the National Coalition of 100 Black Women.

f. The President of the Metropolitan Wilmington Urban League.

g. Five members of the public with relevant knowledge and experience in racial equity issues, appointed by the Governor.

(2) The following ex-officio members, who are nonvoting members of the Consortium:

a. The Director of Statewide Equity Initiatives.

b. One representative of the Office of Supplier Diversity, appointed by the Secretary of the Department of State.

c. One representative of the Bureau of Health Equity, appointed by the Secretary of the Department of Health and Social Services.

d. The Secretary of the Department of Labor.

e. The Commissioner of the Department of Correction.

f. The Secretary of the Department of Education.

g. The Secretary of the Department of Services for Children, Youth and Their Families.

h. The Director of the Delaware State Housing Authority.

i. The Attorney General.

j. The Chief Diversity Officer of the Division of Human Resources.

(b) A member appointed to the Consortium serves at the pleasure of the individual or entity that appointed the member.

(c) A member of the Consortium with the ability to designate another individual to attend a Consortium meeting shall provide the designation in writing to the chair and vice chair. An individual attending a meeting for a member as a designee has the same duties and rights as the member.
29 Del. C. § 10004 — Delaware Code / Title 29 / Chapter 100 / Section 10004
§ Â
        10004. Open meetings.
Status: in_force

(a) (1) Every meeting of all public bodies shall be open to the public except when closed under subsections (b), (c), (d), and (h) of this section.

(2) A meeting that is open to the public under paragraph (a)(1) of this section must include time for public comment, unless the meeting is of a public body within the General Assembly which is governed by the rules of proceedings adopted under § 9 of Art. II of the Delaware Constitution.

a. The time for public comment must provide a meaningful opportunity for the public to engage with the public body.

b. A public body may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment.

(b) A public body may call for an executive session closed to the public pursuant to subsections (c) and (e) of this section, but only for the following purposes:

(1) Discussion of an individual citizen’s qualifications to hold a job or pursue training unless the citizen requests that such a meeting be open. This provision shall not apply to the discussion by a licensing board or commission which is subject to the provisions of § 8735 of this title, of an individual citizen’s qualifications to pursue any profession or occupation for which a license must be issued by the public body in accordance with Delaware law;

(2) Preliminary discussions on site acquisitions for any publicly funded capital improvements, or sales or leases of real property;

(3) Activities of any law-enforcement agency in its efforts to collect information leading to criminal apprehension;

(4) Strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an adverse effect on the bargaining or litigation position of the public body;

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

(6) Discussion of the content of documents, excluded from the definition of “public record” in § 10002 of this title where such discussion may disclose the contents of such documents;

(7) The hearing of student disciplinary cases unless the student requests a public hearing;

(8) The hearing of employee disciplinary or dismissal cases unless the employee requests a public hearing;

(9) Personnel matters in which the names, competency and abilities of individual employees or students are discussed, unless the employee or student requests that such a meeting be open.

(c) A public body may hold an executive session closed to the public upon affirmative vote of a majority of members present at a meeting of the public body. The vote on the question of holding an executive session shall take place at a meeting of the public body which shall be open to the public, and the results of the vote shall be made public and shall be recorded in the minutes. The purpose of such executive sessions shall be set forth in the agenda and shall be limited to the purposes listed in subsection (b) of this section. Executive sessions may be held only for the discussion of public business, and all voting on public business must take place at a public meeting and the results of the vote made public.

(d) This section shall not prohibit the removal of any person from a public meeting who is wilfully and seriously disruptive of the conduct of such meeting.

(e) (1) This subsection concerning notice of meetings does not apply to any emergency meeting which is necessary for the immediate preservation of the public peace, health, or safety, or to the General Assembly.

(2) All public bodies shall give public notice of their regular meetings and of their intent to hold an executive session closed to the public, at least 7 days in advance of the meeting. The notice must include all of the following:

a. The agenda, if the agenda has been determined.

b. The date, time, and place of a meeting, including whether the meeting will be conducted under § 10006A of this title.

(3) An agenda provided under paragraph (e)(2) of this section is subject to change. Changes to an agenda may include any of the following:

a. Additional items, including an executive session, which arise at the time of the public body’s meeting.

b. The deletion of items, including an executive session.

(4) All public bodies shall give public notice of the type set forth in paragraph (e)(2) of this section of any special or rescheduled meeting as soon as reasonably possible, but in any event no later than 24 hours before such meeting. A special or rescheduled meeting shall be defined as one to be held less than 7 days after the scheduling decision is made. The public notice of a special or rescheduled meeting shall include an explanation as to why the notice required by paragraph (e)(2) of this section could not be given.

(5) Public notice required by this subsection shall include, but not be limited to, conspicuous posting of said notice at the principal office of the public body holding the meeting, or if no such office exists at the place where meetings of the public body are regularly held, and making a reasonable number of such notices available. In addition, for all noncounty and nonmunicipal public bodies, public notice required by this subsection shall include, but not be limited to, electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by May 1, 2013, which shall be accessible to the public. In addition, all public bodies in the executive branch of state government that are subject to the provisions of this chapter shall electronically post said notice to the designated State of Delaware website approved by the Secretary of State.

(6) When the agenda is not available as of the time of the initial posting of the public notice it shall be added to the notice at least 6 hours in advance of said meeting, and the reasons for the delay in posting shall be briefly set forth on the agenda.

(f) Each public body shall maintain minutes of all meetings, including executive sessions, conducted pursuant to this section, and shall make such minutes available for public inspection and copying as a public record. Such minutes shall include a record of those members present and a record, by individual members (except where the public body is a town assembly where all citizens are entitled to vote), of each vote taken and action agreed upon. Such minutes or portions thereof, and any public records pertaining to executive sessions conducted pursuant to this section, may be withheld from public disclosure so long as public disclosure would defeat the lawful purpose for the executive session, but no longer. All public bodies in the executive branch of state government that are subject to the provisions of this chapter and meet 4 or fewer times per year shall electronically post draft minutes of open public meetings, identified as “draft minutes,” to the designated State website approved by the Secretary of State within 20 working days after the conclusion of the meeting. Prior to being posted, draft minutes may be distributed to members of the public body who were present at the open public meeting. Draft minutes may continue to be revised and corrected up until final minutes are approved by the public body at an open meeting. All public bodies in the executive branch of state government that are subject to the provisions of this chapter shall electronically post final approved minutes of open public meetings to the designated State of Delaware website approved by the Secretary of State within 5 working days of final approval of said minutes.

(g) Every regularly scheduled meeting of a public body shall be held within the geographic jurisdiction of that public body. All such other meetings shall be held as follows:

(1) A public body serving any political subdivision of the State, including, but not limited to, any city, town or school district, shall hold all such other meetings within its jurisdiction or the county in which its principal office is located, unless it is school board training that has been approved by the Secretary of Education as beneficial to school board development activities.

(2) For the purposes of this subsection, a “regularly scheduled meeting” shall mean any meeting of a public body held on a periodic basis.

(3) The provisions of this subsection, insofar as they are not practicable, shall not apply to any emergency meeting which is necessary for the immediate preservation of the public peace, health or safety, or to a meeting held by a public body outside of its jurisdiction which is necessary for the immediate preservation of the public financial welfare.

(h) This section shall not apply to the proceedings of:

(1) Grand juries;

(2) Petit juries;

(3) Special juries;

(4) The deliberations of any court;

(5) The Board of Pardons and Parole;

(6) Public bodies having only 1 member;

(7) Public bodies within the legislative branch of the state government other than the House of Representatives, the Senate, the Joint Finance Committee, the Joint Committee on Capital Improvement, the Joint Legislative Oversight and Sunset Committee, Legislative Council, Legislative Hall Art and History Advisory Commission, committees, excluding ethics committees, specifically enumerated and created by Resolution of the House of Representatives or Senate or task forces specifically enumerated and created by Resolution of the House of Representatives or Senate;

(8) a. The Victims’ Compensation Assistance Program Appeals Board may close any meeting to the public where:

1. The claim to be considered derives from any sexual offense within the definitions of a crime in § 9002 of Title 11.

2. The claim to be considered derives from any offense by or against a child, as defined in this section, unless such child has been deemed amenable to the jurisdiction of a criminal court as to the matter before the Board.

3. The claim to be considered derives from any matter not yet adjudicated.

4. The claim to be considered involves a “victim” who is a “child” as those terms are defined in Chapter 90 of Title 11.

b. The Board shall produce a complete record of any proceedings closed to the public which record may be denied to anyone seeking access for good cause shown; and

(9) The deliberations of the following agencies for any case decision governed by the Administrative Procedures Act in Chapter 101 of this title:

a. Delaware Human and Civil Rights Commission;

b. Industrial Accident Board;

c. Tax Appeals Board; and

d. Victims’ Compensation Assistance Program Appeals Board.

(i) In an enforcement action pursuant to § 10005 of this title, a citizen or the Attorney General, as the case may be, may seek the forfeiture of all or part of the compensation of members of a board, commission or other public body for any closed meeting which such board, commission or other public body closed knowing that such action violated this chapter. Such forfeiture may only be ordered by the Court if the Court makes a specific finding that the board, commission or public body had no good faith basis to believe that the meeting could be closed. It shall be an absolute defense that an individual never voted in favor of the closed meeting. If the board, commission or public body also met validity for other purposes on the same day as the meeting which violated the act, such valid action shall be considered by the Court in determining the extent of any forfeiture award.