29 Del. C. § 7512 — Delaware Code / Title 29 / Chapter 75 / Section 7512
§ Â
        7512. Consolidation of school districts.
Status: in_force

In the event that 2 or more existing school districts shall consolidate, the maximum total cost, the maximum state share and the maximum local share of a school construction program as authorized by any school construction bond authorization act for such consolidated district shall be the totals of said amounts appearing in the school construction bond authorization act for the school districts so consolidating, except that the construction funds shall be used only as originally authorized in the certificates of necessity issued to the original districts.
29 Del. C. § 6516 — Delaware Code / Title 29 / Chapter 65 / Section 6516
§ Â
        6516. Payment of bills or statements of account.
Status: in_force

(a) The approval of any bill, invoice or statement by the Secretary of Finance, or the presentation of any payment transaction approved by him or her, shall be considered full authority for the payment of the same by the State Treasurer.

(b) All checks shall be drawn in consecutive numerical order. The Secretary of Finance shall keep records of expenditures of all state agencies so that the amount and nature of all such expenditures may be readily ascertained.

(c) The Secretary of Finance shall periodically verify that the State Treasurer has drawn no checks other than those that have been accounted for in the manner provided in this section.

(d) In the event that the State shall, within 30 days of the later of the presentment of a valid invoice or bill on which a state agency (as defined in this chapter) is liable to make payment or the receipt of the goods or services reflected in such invoice or bill, fail to make payment on such invoice or bill, the vendor presenting such invoice or bill may require the payment of interest by such state agency; provided, however, that:

(1) Presentment is deemed made when an invoice or bill is received by that agency, provided that the invoice or bill is received in a form consistent with the State Accounting Manual and regulations issued by the Director of the Office of Management and Budget and the Secretary of Finance.

(2) The vendor may not require interest with respect to any portion of such invoice or bill if such portion is controverted on reasonable grounds by the state agency, provided that the agency notifies the vendor in writing, within the 30-day period specified in this subsection, of the reason or reasons for controverting the invoice or bill.

(3) A vendor may require that interest under this subsection commence from the end of the 30-day period and continue until payment. All interest charges under this chapter shall be paid by the agency receiving the goods or services from the vendor. Such interest shall be calculated by the vendor in dollar amounts and expressly billed as such to the agency receiving goods or services from the vendor.

(4) A vendor may require that interest under this subsection accrue on the unpaid balance at a rate not to exceed an annualized rate of 12 percent.

(5) Agencies liable for interest payments under this subsection shall be authorized to make such payments from amounts appropriated for “contractual services” in the event an unencumbered balance shall exist in such line. In the case of agencies of public or higher education, such payment shall be made from local funds or state general funds not restricted to another purpose. The Office of Management and Budget shall establish procedures according to which interest payments under this subsection are recorded separately from other expenditures for contractual services.

(6) The requirement that interest payments be made by the agency receiving goods or services be imposed upon a different agency when, in the sound discretion of the Director of the Office of Management and Budget and the Controller General, the receiving agency demonstrates that some other agency or agencies bear greater responsibility for causing the delay which occasioned the payment of interest, in which case the responsible agency or agencies shall reimburse the receiving agency for interest charges.

(e) The Secretary of Finance shall transmit to the Controller General on January 15 and July 15 of each year a report which provides the following information:

(1) The name of any state agency which has, within the past 6 months, paid interest to a vendor in accordance with subsection (d) of this section;

(2) The number of such interest payments made by each agency; and

(3) The total amount of interest paid by each agency.

(f) For public works contracts as defined by § 6902 of this title, the following shall apply:

(1) The agency agent, by mutual agreement, may make progress payments on contracts of less than 90 days and shall make monthly progress payments on all other contracts as provided for in this paragraph.

The agency agent shall approve or disapprove an estimate of the work submitted for payment within 7 days from the date of submission of the written application for payment. If the agency agent approves the estimate of work, such estimate shall be certified for payment. If the agency agent disapproves the estimate of work, the agency or the agency agent shall issue a specific written finding within 21 days from the submission of the applicant for payment setting forth those items in detail in the estimate of the work that are not approved for payment under the contract. The agency may withhold 150% of the amount of expenses the agency reasonably expects to incur, as approved by the Director of the Office of Management and Budget, in correcting the deficiency set forth in the written finding. The progress payments shall be paid on or before 21 days after the estimate of work is certified and approved. If the approval of a federal agency is required, the payment shall be deemed timely if the payment is made within 10 days of a required federal agency’s approval.

(2) An agency agent, contractor or subcontractor may decline to approve and certify a billing or estimate or a portion of a billing or estimate for any of the following reasons:

a. Unsatisfactory job progress;

b. Defective construction work of materials not remedied;

c. Disputed work or materials;

d. Failure to comply with material provisions of the contract;

e. Third-party claims filed or reasonable evidence that a claim will be filed;

f. Failure of the contractor or subcontractor to make timely payments for labor, equipment or materials;

g. Damage to the agency, contractor or subcontractor;

h. Reasonable evidence that the construction cannot be completed for the unpaid balance of the construction contract; or

i. Retainage of funds.

(3) The retainage, as allowed by § 6962(d)(5) of this title, shall be retained by the agency as a guarantee for complete performance of the contract, to be paid to the contractor within 60 days after completion or filing notice of completion of the contract or within 30 days of a required federal agency’s final approval or certification. Retention of payments by an agency longer than 60 days after final completion and acceptance requires a specific written finding by the agency of the reasons justifying the delay in payment. Such written finding shall be furnished by the agency within 10 days after completion or filing notice to the contractor or within 10 days of the required federal agency’s final approval or certification. No agency may retain any moneys after 60 days in an amount exceeding 150% of the necessary amount to pay the expenses the agency reasonably expects to incur in order to pay or discharge the expenses determined by the agency in the finding justifying the retention of moneys.

(4) If a progress payment to a contractor is delayed by more than 21 days after the date of the agency agent’s approval or the final payment to a contractor is delayed by more than 60 days after the date of the final submission, the contractor may require the payment of interest by such agency, except for periods of time during which payment is withheld pursuant to paragraph (f)(2) of this section, beginning on the twenty-second day for progress payments and on the sixty-first day for final payment; provided, however, that:

a. Presentment is deemed made when an invoice or bill is received by that agency or agency agent, provided that the invoice or bill is received in a form consistent with the State Accounting Manual and regulations issued by the Director of the Office of Management and Budget and the Secretary of Finance. Such forms shall be included in the project’s bid documents.

b. The contractor may not require interest with respect to any portion of such invoice or bill if such portion is controverted on reasonable grounds by the state agency or agency agent, provided that the agency notifies the contractor in writing, within the 21-day period for progress payments or 60 days for final payments, of the reason or reasons for controverting the invoice or bill.

c. A vendor may require that interest under this subsection commence from the end of the 21-day period for progress payments or the 60-day period for final payment and continue until payment. All interest charges under this chapter shall be paid by the agency receiving the goods or services from the contractor. Such interest shall be calculated by the contractor in dollar amounts and expressly billed as such to the agency receiving goods or services from the contractor.

d. A contractor may require that interest under this subsection accrue on the unpaid balance at a rate not to exceed 2% above the prime interest rate as established by the Federal Reserve.

e. Agencies liable for interest payments under this subsection shall be authorized to make such payments from amounts appropriated for “contractual services” in the event an unencumbered balance shall exist in such line. In the case of agencies of public or higher education, such payment shall be made from local funds or state general funds not restricted to another purpose. The Office of Management and Budget shall establish procedures according to which interest payments under this subsection are recorded separately from other expenditures for contractual services.

f. Interest payments to be made by the agency receiving goods or services may be imposed upon a different agency when, in the sound discretion of the Director of the Office of Management and Budget and the Controller General, the receiving agency demonstrates that some other agency or agencies bear greater responsibility for causing the delay which occasioned the payment of interest, in which case the responsible agency or agencies shall reimburse the receiving agency for interest charges.

(5) The agency, contractor or subcontractor may change the time periods outlined in this subsection only if:

a. Prior written approval is given by the Director of the Office of Management and Budget;

b. The public works contract specifically provides in a clear and conspicuous manner for a later payment defined by a specific number of days after certification and approval; and

c. All plan documents, including bid plans and construction plans, shall permanently display, in clear and conspicuous type, the following legend or substantially similar language:

NOTICE OF EXTENDED PAYMENT PROVISION

This contract allows the agency, contractor and subcontractor to make payment within ________ days after certification and approval of billings and estimates. Such changes shall also be indicated in a clear and conspicuous manner by contractors and subcontractors on all contracts with subcontractors and material suppliers.

(6) An agency may change the time period to certify and approve a billing or estimate only if:

a. Prior approval is given by the Director of the Office of Management and Budget;

b. The public works contract specifically provides in a clear and conspicuous manner for an extended time period within which a billing or estimate shall be certified or approved, defined by a specific number of days after the agency has received the billing or estimate; and

c. All plan documents, including bid plans and construction plans, shall include, in clear and conspicuous type, the following legend or substantially similar language:

NOTICE OF EXTENDED CERTIFICATION AND APPROVAL PERIOD PROVISION

This contract allows the agency to certify and approve billings and estimate within ________ days after the billings and estimates are received from the contractor.

Such changes shall also be indicated in a clear and conspicuous manner by contractors and subcontractors on all contracts with subcontractors and material suppliers.

(7) The contractor shall pay the contractor’s subcontractors or material suppliers and each subcontractor shall pay the subordinate subcontractors or material supplier within 21 days of receipt of each progress payment, unless otherwise agreed to in writing by the parties, the respective amounts allowed the subordinate or subcontractor or material supplier on account of the work performed by subordinate contractors and material suppliers, to the extent of each subordinate subcontractor’s or material suppliers interest therein, except that no contract for public works may materially alter the rights of any contractor, subcontractor, subordinate subcontractor or material supplier to receive prompt and timely payment as provided under this subsection or Chapter 35 of Title 6. If a progress or final payment to a subordinate subcontractor or material supplier is delayed by more than 21 days after receipt of a progress or final payment by the contractor or subcontractor, the subordinate subcontractor or material supplier may require payment of interest by the contractor or subcontractor except for periods of time during which payment is withheld pursuant to paragraph (2) of this section, beginning on the twenty-second day, provided, however, that:

a. Presentment is deemed made when an invoice or bill is received by that contractor or subcontractor, provided that the invoice or bill is received in a form consistent with the contractor’s or subcontractor requirements.

b. The subcontractor or material supplier may not require interest with respect to any portion of such invoice or bill if such portion is controverted on reasonable evidence by the contractor or subcontractor, provided that the contractor or subcontractor notifies the vendor in writing within the 21-day period specified in this subsection of the reason or reasons for controverting the invoice or bill.

c. A subordinate subcontractor or material supplier may require that interest under this subsection commence from the end of the 21-day period and continue until payment. All interest charges under this chapter shall be paid by the contractor or subcontractor and shall not be charged to any state agency. Such interest shall be calculated by the subordinate subcontractor or material supplier in dollar amounts and expressly billed as such to the contractor or subcontractor.

d. A subordinate subcontractor or material supplier may require that interest under this subsection accrue on the unpaid balance at a rate not to exceed 2% above the prime interest rate as established by the Federal Reserve.

(8) In any action or arbitration brought to collect payments or interest under this subsection, the arbitrator or court shall award damages equal to the amount that is determined by the arbitrator or court to have been wrongfully withheld. An amount shall not be deemed to have been wrongfully withheld to the extent it bears a reasonable relation to the value of any disputed amount or claim held in good faith by the agency contractor or subcontractor against whom the contractor, subcontractor of material supplier is seeking to recover payment.
29 Del. C. § 8711 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8711
§ Â
        8711. 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 they are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of State as created and established in 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 a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created in this chapter.
29 Del. C. § 8721 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8721
§ Â
        8721. Delaware Commission of Veteransâ Affairs â Duties and responsibilities [For application of the transfer of this section, see 85 Del. Laws, c. 137, Â 12] [Transferred].
Status: in_force

Transferred to § 8812 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025.
29 Del. C. § 5708 — Delaware Code / Title 29 / Chapter 57 / Section 5708
§ Â
        5708. Rules and regulations.
Status: in_force

The State Agency shall make and publish such rules and regulations, not inconsistent with this chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter.
29 Del. C. § 8731 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8731
§ Â
        8731. Division of Libraries.
Status: in_force

(a) In addition to any other power granted or duties imposed under this title, the Division of Libraries shall exercise general direction and control over the furnishing of library services within this State. The Director of the Division shall be the State Librarian, who shall be a graduate of a school accredited by the American Library Association. The Division of Libraries shall have the following functions and duties:

(1) To provide information, resource materials and library services to state agencies, state and local governmental units and their subdivisions and, in the Department’s discretion, to organizations in need of library services;

(2) To coordinate library services statewide in order to assure to every Delaware citizen free and equal access to services, resources and guidance in the use of such for lifelong learning, continuing self-educational, political, cultural, economic, recreational and intellectual enrichment;

(3) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for the purposes provided hereinafter;

(4) To foster the recruitment, development and maximum utilization of library personnel throughout the State;

(5) To encourage broad community participation in library development, program planning and the implementation of such plans;

(6) To establish and promote cooperation among all types of libraries (including but not limited to public, academic, school, and special) at all service levels;

(7) To ensure the State’s compatibility to and reciprocity within an international information resources network;

(8) To administer the Statewide Delaware Library Network and the Statewide Delaware Library Consortium;

(9) To provide online access at each public library in state government to local, state, and federal documents and resources;

(10) To coordinate the provision of accessible library and information services for individuals with disabilities and to serve as the Delaware Regional Library for the Library of Congress Network of Libraries for the Blind and Physically Handicapped;

(11) To stimulate every Delaware library patron to fully utilize the State’s cultural resource materials and technologies, and to maintain the individual’s privacy, acceptable use, and right of access to those materials, and technologies;

(12) To offer resources which supplement and reinforce local libraries;

(13) To collect, compile, research, publish and disseminate information, including statistics, affecting the efficient operation of the State’s library system;

(14) To recommend legislation to achieve meaningful statewide library development and use;

(15) To establish, interpret and administer standards of effective library services;

(16) To enter into contracts and agreements to provide or to obtain library services and materials; and

(17) To perform all other activities pertinent to the organizational function of library services.

(18) To create a Delaware model public library collection development policy, in cooperation with the Library Consortium, as required by § 8734 of this title.

(19) To create a Delaware model school library collection development policy, in cooperation with the Library Consortium, as required by § 7201 of Title 14.

(b) Every state agency shall provide the Department with access to electronic copies of all publications issued by such agencies for the purpose of making accessible to Delaware and other citizens resource materials published at the expense of the State.
29 Del. C. § 8707 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8707
§ Â
        8707. Delaware Government Information Center.
Status: in_force

(a) The Government Information Center shall have the following functions and duties:

(1) To publish, maintain and continuously update content on the State’s Internet portal to facilitate convenient and comprehensive access to government information;

(2) To provide convenient access to a complete collection of on-line information and resources published by state government and a comprehensive and current collection of online information and resources published by local, state and federal agencies of interest to the public;

(3) To provide information and resource materials related to Internet content management and online publishing services to state agencies, state and local governmental units and their subdivisions and, at the Department’s discretion, to not-for-profit and other organizations to ensure every Delaware citizen easy access to online government information;

(4) To promote increased usage of Delaware’s diverse collection of online resources and encourage community input in identifying and assessing areas for improvement;

(5) To recommend statewide web publishing standards and projects consistent with information technology standards articulated by the Department of Technology and Information;

(6) To promote adherence to statewide standards that improve citizen access to information and to institute and maintain a training and information program on Internet publishing and content management to bring approved and current practices, methods, procedures and devices for the efficient and economical management of Internet content to the attention of all agencies and political subdivisions;

(7) To coordinate efforts to ensure that content on state websites is readily accessible to individuals with disabilities;

(8) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for the purposes provided hereinafter;

(9) To recommend legislation in concert with affected state agencies to ensure that citizens achieve convenient and meaningful access to statewide Internet content;

(10) To enter into contracts or agreements to provide or to obtain services and materials; provided that such contracts or agreements relating to information technology will follow the business policies and procedures established by the Department of Technology and Information;

(11) To perform all other activities pertinent to the organizational function of the Government Information Center; and

(12) To set reasonable fees for and make available for all political subdivisions in this State either the “electronic procurement advertising system,” required by § 6902 of this title if practicable or in lieu thereof another website allowing for the public posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(5), 10115(b) and 10124(1) of this title. The fees establish pursuant to this paragraph shall approximately and reasonably reflect all costs necessary to defray the expenses of the Government Information Center’s activities required in providing such websites for political subdivisions in this State.

(b) In lieu of the requirements of § 8731(b) of this title, state agencies that publish on-line copies of publications, reports, forms and other materials may provide the Department with electronic addresses to access such materials for the purpose of making accessible to Delaware and other citizens resource materials published electronically at the expense of the State. The Administrator of the Government Information Center shall disseminate policies and procedures for providing such access and shall publish a comprehensive online directory of all government forms, publications and other such information available to the public through the State’s websites.
29 Del. C. § 9505 — Delaware Code / Title 29 / Chapter 95 / Section 9505
§ Â
        9505. Real property acquisition policies.
Status: in_force

The agency shall comply with the following policies:

(1) Every reasonable effort shall be made to acquire expeditiously real property by negotiation.

(2) Real property shall be appraised before the initiation of negotiations, and the owner or the owner’s designated representative shall be given an opportunity to accompany the appraiser during an inspection of the property except that the agency may with the owner’s permission, eliminate the appraisal in cases involving acquisition by donation. The agency shall provide the owner with a copy of the agency’s approved appraisal prior to initiation of negotiations for acquisition of the property.

(3) Before the initiation of negotiations for real property, an amount shall be established which it is reasonably believed is just compensation therefor, and such amount shall be offered for the property. In no event shall such amount be less than the approved appraisal of the fair market value of real property. Any decrease or increase of the fair market value of real property prior to the date of valuation caused by any program or project for which such property is acquired or by the likelihood that the property would be acquired for such program or project, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The owner of the real property to be acquired shall be provided with a written statement of, and summary of the basis for, the amount established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.

(4) No owner shall be required to surrender possession of real property before the agreed purchase price is paid or deposited with the court, in accordance with Chapter 61 of Title 10, for the benefit of the owner in an amount not less than the approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding of such property.

(5) Any program or project shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move the person’s business or farm operation without at least 90 days’ written notice from the date by which such move is required.

(6) If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the agency on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.

(7) In no event shall the time for negotiations or condemnation be advanced, the deposit of funds in court for the use of the owner be deferred nor any other coercive action be taken to compel an agreement on the price to be paid for the property.

(8) If an interest in real property is to be acquired by exercise of power of eminent domain, formal condemnation proceedings shall be instituted. The agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of the owner’s real property.

(9) If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the agency concerned shall offer to acquire that uneconomic remnant. For the purpose of this chapter, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner’s property and the agency concerned has determined the parcel has little or no value or utility to the owner.

(10) A person whose real property is being acquired in accordance with this chapter may, after the person has been fully informed of the right to receive just compensation for such property, donate such property, any part thereof, any interest therein or any compensation paid therefor, to an agency, as such person shall determine.

(11) The term “appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

(12) Purchase of title insurance in the acquisition of property by the Department of Transportation shall only be authorized upon written request of the Secretary of the Department with unanimous written approval of the co-chairs of the Joint Finance Committee, the Controller General and the Director of the Office of Management and Budget.

(13) a. When state funds are transferred into nonstate-controlled escrow accounts in anticipation of property acquisitions by the Department of Transportation, the Department shall pursue the most cost-effective and timely means of effectuating said transfer of funds. Methods of funds transfer shall include, but not be limited to, the electronic transfer of funds.

b. Any funds escrowed for such purposes shall be subject to routine audit by the State Auditor.

(14) For a real property acquisition necessitated by a highway project, an appraisal is unnecessary if the Department of Transportation determines that the valuation of the property to be acquired is uncomplicated and the market value is estimated at $50,000 or less, based on a review of available data. If an appraisal is determined to be unnecessary, the Department of Transportation shall prepare a waiver of valuation. The Department of Transportation may seek from the federal agency funding the project, approval on a case-by-case basis to increase the waiver amount on any valuation over $10,000 and up to a maximum of $25,000, or the amount currently approved by the federal agency, provided that the Department of Transportation offers the property owner the option of having an appraisal prepared. In all cases in which the estimated market value of a property to be acquired is over $10,000, the property owner must be given the option of having an appraisal prepared.

(15) Notwithstanding any other provision of law to the contrary, the acquisition of real property through the exercise of eminent domain by any agency shall be undertaken, and the property used, only for the purposes of a recognized public use, as defined in § 9501A of this title, at least 6 months in advance of the institution of condemnation proceedings:

a. In a certified planning document;

b. At a public hearing held specifically to address the acquisition; or

c. In a published report of the acquiring agency.

This paragraph shall not apply to the obtaining of right-of-ways or easements by an agency for public utilities, such as sewer, water, or electric.
29 Del. C. § 8521 — Delaware Code / Title 29 / Chapter 85 / Section 8521
§ Â
        8521. Annual report.
Status: in_force

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. § 3203 — Delaware Code / Title 29 / Chapter 32 / Section 3203
§ Â
        3203. Powers and duties.
Status: repealed

(a) The Commission shall plan, encourage, develop, coordinate and implement observances and activities pertaining to the achievement in Delaware of liberty and independence through a constitutional government, and the significant historical events that occurred in Delaware or involved Delaware citizens during the years preceding and following the ratification and adoption of the Constitution of the United States.

(b) In carrying out its duties, the Commission shall consider any related plans and programs developed by national organizations, the organizations of other states, local and private groups, and the Commission may designate representatives to serve on special committees, organizations, nonprofit organizations or other entities with representatives from such bodies to plan, develop and coordinate specific activities.

(c) [Repealed.]

(d) The Commission shall have the authority to organize a nonprofit corporation to assist the Commission in the formulation and execution of its plans; to solicit and receive subscriptions, donations and other funds from public and private sources for organizing and carrying on the undertaking; to negotiate with public or private organizations or persons on terms for approval or endorsement of Commission-related programs or projects; to acquire and hold by gift or otherwise real and other property with full right to convey or dispose of the same in such manner and upon such terms as the corporation may determine, either absolutely or upon condition; to contract with and employ consultants or other agents; to adopt or enforce such bylaws, rules and regulations as the corporation may, from time to time, deem advisable.

(e) The Commission shall, no later than December 31 of each year, submit to the Governor and to the General Assembly an annual report of the Commission’s activities and recommendations. Such activities and recommendations may include but are not limited to:

(1) The production, publication and distribution of books, pamphlets, films and other educational materials on the history, culture and political thought of this nation and State;

(2) Bibliographical and documentary projects and publications;

(3) Conferences, convocations, lectures, seminars and other programs;

(4) The development of permanent memorials and exhibits, including mobile exhibits;

(5) Ceremonies and celebrations commemorating specific events;

(6) Programs and activities on the local, national and international significance of the American Democracy and its implications for present and future generations;

(7) The issuance of commemorative medals, seals, automotive license plates and certificates of recognition;

(8) The issuance of grants for projects related to Delaware heritage.

(f) The report of the Commission shall include recommendations for the allocation of financial and administrative responsibility among the public and private authorities and organizations recommended for participation by the Commission. The report shall also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations.

(g) The Commission shall consider matters relating to archives and archival standards throughout the State, and such other matters as may be referred to it by the Governor, the Secretary of State or the General Assembly. The Commission may study, research, plan and make advisory recommendations to the Governor, the Secretary of State or the General Assembly on matters it deems appropriate to provide the best possible archive service in Delaware and to ensure the proper management, preservation, stewardship and use of public and private records of historical value.

(h) The Commission shall serve as the state historical records advisory board for the purposes of satisfying regulations established by the National Historical Publications and Records Commission of the National Archives and Records Administration. The Commission will complete all activities required by the National Historical Publications and Records Commission for the State Historical Records Advisory Board.
29 Del. C. § 317 — Delaware Code / Title 29 / Chapter 3 / Section 317
§ Â
        317. State star.
Status: in_force

The official state star is Delaware Diamond, located in the constellation of Ursa Major (Great Bear), with coordinates of right ascension 9h40m44s and declination 48°14′2″.
29 Del. C. § 6087 — Delaware Code / Title 29 / Chapter 60D / Section 6087
§ Â
        6087. Reporting of information; escrow installments.
Status: in_force

(a) Reporting by affixing agents. — Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Department, each affixing agent shall submit such information as the Department and Attorney General require to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of roll your own, the equivalent stick count, for which the affixing agent affixed stamps during the previous calendar month or otherwise paid the tax due for such cigarettes. The affixing agent shall maintain, and make available to the Department and the Attorney General, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the Department for a period of 5 years.

(b) Disclosure of information. — The Department is authorized to disclose to the Attorney General any information received and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this chapter and Chapter 60C of this title. The Department and Attorney General shall share with each other the information received under this chapter, and may share such information with other federal, State or local agencies only for purposes of enforcement of this chapter, Chapter 60C of this title, or corresponding laws of other states.

(c) Verification of qualified escrow fund. — The Attorney General may require at any time from the nonparticipating manufacturer proof, from the financial institution in which such manufacturer has established a Qualified Escrow Fund for the purpose of compliance with Chapter 60C of this title, of the amount of money in such fund, exclusive of interest, the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund.

(d) Requests for additional information. — In addition to the information required to be submitted pursuant to Chapter 60C of this title and this chapter, the Department may require an affixing agent or tobacco product manufacturer to submit any additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with Chapter 60C of this title.

(e) Quarterly escrow installments. — To promote compliance with this chapter, the Department may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of § 6085(a)(2) of this title to make the escrow deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The Department may require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit.
29 Del. C. § 8302 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8302
§ Â
        8302. Secretary; division directors; Acting Secretary; appointment.
Status: in_force

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

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

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

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

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

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary of Finance or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary of Finance or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. § 6605A — Delaware Code / Title 29 / Chapter 66A / Section 6605A
§ Â
        6605A. Expenditure of funds.
Status: in_force

The Director of the Office of Management and Budget, as part of the annual capital budget responsibilities set forth in § 6342 of this title, shall insure that the State share and non-state share on all projects funded under this chapter are expended in conformance with the provisions of this chapter.
29 Del. C. § 10161 — Delaware Code / Title 29 / Chapter 101 / Subchapter VII / Section 10161
§ Â
        10161. State agencies affected.
Status: in_force

(a) This chapter shall apply only to the following agencies:

(1) Appeals Commission, as defined by § 301(b) of Title 4;

(2) State Banking Commissioner;

(3) Public Service Commission;

(4) Real Estate Commission;

(5) Delaware Human and Civil Rights Commission;

(6) Tax Appeal Board;

(7) State Insurance Commissioner;

(8) Industrial Accident Board;

(9) Environmental Appeals Board;

(10) Coastal Zone Industrial Control Board;

(11) State Board of Education;

(12) Merit Employee Relations Board;

(13) Division of Boiler Safety;

(14) Board of Veterinary Medicine;

(15) Board of Landscape Architecture;

(16) Board of Clinical Social Work Examiners;

(17) Board of Architects;

(18) Board of Podiatry;

(19) Board of Pilot Commissioners;

(20) Board of Chiropractic;

(21) State Board of Electrical Examiners;

(22) Board of Medical Licensure and Discipline;

(23) Council of the Delaware Association of Professional Engineers;

(24) Board of Occupational Therapy Practice;

(25) Division of Child Support Services;

(26) Board of Mental Health and Chemical Dependency Professionals;

(27) State Board of Dentistry and Dental Hygiene;

(28) Board of Nursing;

(29) Board of Examiners in Optometry;

(30) Board of Examiners of Psychologists;

(31) Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers;

(32) Board of Professional Land Surveyors;

(33) Board of Accountancy;

(34) Board of Pharmacy;

(35) Board of Geologists;

(36) Board of Cosmetology and Barbering;

(37) Commission on Adult Entertainment Establishments;

(38) Board of Physical Therapy and Athletic Trainers;

(39) Real Estate Commission;

(40) Board of Funeral Services;

(41) Board of Examiners of Nursing Home Administrators;

(42) Delaware Board of Charitable Gaming;

(43) Board of Massage and Bodywork;

(44) Committee of Dietetics/Nutrition;

(45) Council on Real Estate Appraisers.

(46) The Professional Standards Board;

(47) Election Commissioner;

(48) Board of Plumbing Examiners;

(49) Manufactured Home Installation Board;

(50) Division of Professional Regulation;

(51) Board of Home Inspectors; and

(52) Board of Elevator Mechanics.

(b) All agencies which are not listed in subsection (a) of this section shall only be subject to subchapters I and II of this chapter and §§ 10141, 10144 and 10145 of this title.

(c) Nothing in this section shall be construed to prevent prosecution under, or be otherwise inconsistent with, Titles 11 and 24.

(d) At a properly convened board meeting, the board president or chairperson of any professional licensing board governed by Title 23, 24, or 28 and listed in subsection (a) of this section that is not already authorized by statute to use hearing panels or committees to resolve cases, may nominate at least 3 members of the board, the 3 members being 2 professional members and 1 public member if practical, to serve on a hearing panel to decide disciplinary complaints and complaints of unlicensed practice. Nominees must be approved by a majority vote of the board members present at the properly convened meeting. The board president or chairperson shall designate 1 member of a hearing panel to serve as the hearing panel chair. Hearing panels shall consist of board members only.

(e) Notice of the panel hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of this title. All hearings shall be informal without use of rules of evidence. A verbatim record must be kept of all public hearings, a transcript of which must be provided at cost upon a party’s request. Decisions of the hearing panel must be made by majority vote of the hearing panel members. Decisions must be based on the evidence presented at the hearing and must be supported by substantial evidence in the record. Decisions must not be based exclusively on hearsay.

(1) If the hearing panel determines that no violation of the applicable provisions of Title 23, 24, 28 or this title or any of the board’s rules and regulations promulgated thereunder has occurred, it shall issue an order dismissing the complaint.

(2) If the hearing panel determines that a violation of the applicable provisions of Title 23, 24, 28 or this title or any of the board’s rules and regulations promulgated thereunder has occurred, it shall issue an order stating its proposed findings of fact, conclusions of law, and disciplinary sanctions.

(3) If the respondent fails or refuses to appear, the hearing panel may nevertheless proceed to hear the complaint and render a decision.

(f) Orders issued by the hearing panel are not final until approved by the board having jurisdiction. By majority vote of the members present at a properly convened board meeting, the board shall approve or reject the hearing panel’s written order based only on the information contained in the order. The board shall overturn the decision of a hearing panel only if it decides that a hearing panel decision is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If a board does not approve the hearing panel’s order, the matter must be remanded to the hearing panel for further proceedings in accordance with the board’s written reasons for withholding its approval. Where the respondent is in disagreement with the action of the board, the respondent may appeal the board’s decision in accordance with the provisions of the Administrative Procedures Act. The court shall hear the appeal on the record. Stays shall be granted in accordance with § 10144 of this title. Copies of orders must be served personally or by registered or certified mail to each party.
29 Del. C. § 8802 — Delaware Code / Title 29 / Chapter 88 / Subchapter I / Section 8802
§ Â
        8802. Secretary; appointment [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) The Secretary of the Department of Veterans Affairs is the administrator and head of the Department. The Secretary must be a veteran, qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary is appointed by the Governor, with the advice and consent of the Senate, and serves at the pleasure of the Governor. The Secretary shall be paid an annual salary as set forth in the annual Budget Appropriation Bill.

(b) In the event of death, resignation, temporary incapacity, or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint a member of the Department to serve as Acting Secretary. The Secretary may, during an absence from this State, appoint a member of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary has all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. § 4825 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4825
§ Â
        4825. Sports lottery.
Status: in_force

(a) The Director shall, pursuant to the authority granted under § 4805(a)(1) and (b)(4) of this title, commence a sports lottery as soon as practicable. The Director shall, by rules and regulations, provide for the features and attributes of a sports lottery. The regulations must, in the Director’s judgment, administer the sports lottery in a manner which will produce the greatest income for the State while minimizing or eliminating the risk of financial loss to the State.

(b) A person under the age of 21 may not purchase a sports lottery ticket, or wager on a sports lottery machine, or in any way participate in the sports lottery.

(c) The Director may commence a sports lottery located at facilities operated by video lottery agents licensed by the State and such other sports lottery agents as shall be licensed pursuant to the terms of this chapter. Licenses awarded to video lottery agents relative to the video lottery shall automatically allow those agents to operate facilities at which the sports lottery can be conducted.

(d) The Director may, in the Director’s discretion, grant licenses to operate the sports lottery to sports lottery agents, which shall be a qualified, person, business, organization or entity that owns or operates an appropriate property. Before issuing a license to a sports lottery agent, each person seeking a license shall comply with the criminal background check required by this chapter and at least 1 person shall receive a background check to the standard of a sports lottery operations employee. In granting licenses, the Director shall consider the factors in § 4806(a) of this title and, if the Director shall find that the experience, character and general fitness of the applicant are such that the participation of such a person as a sports lottery agent will be consistent with the public interest, convenience and purposes of this chapter, the Director shall thereupon grant a license. In prioritizing applications for a license under this section, the Director shall give preference to proposals likely to foster economic growth and maximize employment. Change of ownership of the licensed business, organization or entity occurring after the Director has issued a license shall automatically terminate the license 90 days thereafter unless the Director has determined after application to issue a license to the new owner or owners because the new owner or owners have met the requirements of this chapter. Any license granted pursuant to this subsection is a privilege personal to the sports lottery agent and is not a legal right. A license granted or renewed pursuant to this subsection may not be transferred or assigned to another person, nor may a license be pledged as collateral. Each sports lottery agent shall be responsible for the security and safekeeping of the sports lottery machines of which it has physical custody. Each sports 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. For purposes of this subsection, “a change of ownership” shall have occurred if more than 20% of the legal or beneficial interests in such person, corporation or association shall be transferred, whether by direct or indirect means.
29 Del. C. § 7702 — Delaware Code / Title 29 / Chapter 77 / Subchapter I / Section 7702
§ Â
        7702. Legality of acts.
Status: in_force

While the seat of government remains at the emergency temporary location established under § 7701(b) of this title, all official acts that are required by law to be performed in Dover by any officer, agency, department, or authority of this State, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, are as valid and binding when performed at such emergency temporary location as if performed in Dover.
29 Del. C. § 10003 — Delaware Code / Title 29 / Chapter 100 / Section 10003
§ Â
        10003. Examination and copying of public records.
Status: in_force

(a) All public records shall be open to inspection and copying during regular business hours by the custodian of the records for the appropriate public body. Reasonable access to and reasonable facilities for copying of these records shall not be denied to any citizen.

(b) All state agencies and public bodies shall implement and promulgate a policy for addressing requests made under the Freedom of Information Act.

(c) All state agencies and public bodies shall develop a web portal for receiving FOIA requests through the internet. Such portals shall utilize the standard request form promulgated by the Attorney General.

(d) (1) All state agencies and public bodies are to provide reasonable assistance to the public in identifying and locating public records to which they are entitled access, and all records held by the agency are “public records” to which the public should have access unless they fall within the scope of enumerated exceptions in § 10002 of this title.

(2) All public bodies in the executive branch of state government that are subject to the provisions of this chapter and are required by statute, regulation, or other established policy to publish an annual or biennial report, shall electronically post copies of these reports to a single designated State website approved by the Secretary of State. Electronic notification of the availability of these reports on the designated State website shall fulfill a public body’s duty to publish and provide these reports to the Governor, General Assembly, or other state agencies or state officials.

(e) All state agencies and public bodies shall provide a mailing address for receiving FOIA requests through the U.S. mail.

(f) Form of request. — (1) All FOIA requests shall be made in writing to the public body in person, by U.S. mail, by e-mail, by fax, or online in accordance with the provisions hereunder. FOIA requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General provided, however, that any FOIA request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA request form may be obtained from the website of any state agency, school district, or other public body.

(2) All requests shall adequately describe the records sought in sufficient detail to enable the public body to locate such records with reasonable effort. The requesting party shall be as specific as possible when requesting records. To assist the public body in locating the requested records, the public body may request that the requesting party provide additional information known to the requesting party, such as the types of records, dates, parties to correspondence, and subject matter of the requested records.

(g) FOIA coordinator. — (1) Each public body shall designate a FOIA coordinator who shall serve as the point of contact for FOIA requests and coordinate the public body’s responses thereto. The FOIA coordinator shall be identified on the public body’s website and each public body shall provide the name and contact information for its FOIA coordinator to the Attorney General. The public body shall update this information on its website and with the Attorney General within 20 working days of any change in its FOIA coordinator or the FOIA coordinator’s contact information. The FOIA coordinator may designate other employees to perform specific duties and functions hereunder.

(2) The FOIA coordinator and/or his or her designee, working in cooperation with other employees and representatives, shall make every reasonable effort to assist the requesting party in identifying the records being sought, and to assist the public body in locating and providing the requested records. The FOIA coordinator and/or his or her designee will also work to foster cooperation between the public body and the requesting party.

(3) In addition to the foregoing responsibilities, the FOIA coordinator shall maintain a document tracking all FOIA requests. For each FOIA request, the document shall include, at a minimum, the requesting party’s contact information, the date the public body received the request, the public body’s response deadline, the date of the public body’s response (including the reasons for any extension), the names, contact information and dates of correspondence with individuals contacted in connection with requests, the dates of review by the public body, the names of individuals who conducted such reviews, whether documents were made available, the amount of copying and/or administrative fees assessed, and the date of final disposition.

(h) Response to requests. — (1) The public body shall respond to a FOIA request as soon as possible, but in any event within 15 business days after the receipt thereof, either by providing access to the requested records, denying access to the records or parts of them, or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within 15 business days, the public body shall cite 1 of the reasons hereunder why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

(2) If the public body denies a request in whole or in part, the public body’s response shall indicate the reasons for the denial. The public body shall not be required to provide an index, or any other compilation, as to each record or part of a record denied.

(i) Requests for e-mail. — (1) Requests for e-mail records shall be fulfilled by the public body from its own records, if doing so can be accomplished by the public body with reasonable effort. If the public body determines that it cannot fulfill all or any portion of such request, the public body shall promptly request that its information and technology personnel or custodians provide the e-mail records to the public body.

(2) Before requesting the information and technology personnel or custodians to provide e-mail records, the public body shall provide an itemized written cost estimate to the requesting party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the requesting party may decide whether to proceed with, cancel, or modify the request.

(j) Requests for other noncustodial records. — (1) If all or any portion of a FOIA request seeks records controlled by the public body but are not within its possession or cannot otherwise be fulfilled by the public body with reasonable effort from the records it possesses, then the public body shall promptly request that the relevant custodian provide the noncustodial records to the public body.

(2) Before requesting any noncustodial records, the public body shall provide an itemized written cost estimate to the requesting party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the requesting party may decide whether to proceed with, cancel, or modify the request.

(k) Review by public body. — Prior to disclosure, records may be reviewed by the public body to ensure that those records or portions of records deemed nonpublic may be removed pursuant to § 10002 of this title or any other applicable provision of law. In reviewing the records, all documents shall be considered public records unless subject to 1 of the exceptions set forth in § 10002 of this title or any other applicable provision of law.

(l) Hours of review. — The public body shall provide reasonable access for reviewing public records during regular business hours.

(m) Fees. — Unless otherwise set forth in the Delaware Code or any applicable code of a county or municipal public body, the following fees shall apply:

(1) Photocopying fees. — In instances in which paper records are provided to the requesting party, photocopying fees shall be as follows:

Standard-sized, black and white copies: The first 20 pages of standard-sized, black and white copies material shall be provided free of charge. The charge for copying standard sized, black and white public records for copies over and above 20 shall be $0.10 per sheet ($0.20 for a double-sided sheet). This charge applies to copies on the following standard paper sizes: 8.5" x 11", 8.5" x 14", and 11" x 17".

Oversized copies/printouts: The charge for copying oversized public records shall be as follows: 18" x 22", $2.00 per sheet; 24" x 36", $3.00 per sheet; documents larger than 24" x 36", $1.00 per square foot.

Color copies/printouts: An additional charge of $1.00 per sheet will be assessed for all color copies or printouts for standard-sized copies (8.5" x 11", 8.5" x 14", and 11" x 17") and $1.50 per sheet for larger copies.

(2) Administrative fees. — Administrative fees shall be levied for requests requiring more than 1 hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA requests, including, without limitation: identifying records; monitoring file reviews; and generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the public body’s legal review of whether any portion of the requested records is exempt from FOIA. The public body shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonable required to process FOIA requests. In connection therewith, the public body shall minimize the use of nonadministrative personnel in processing FOIA requests, to the extent possible.

Prior to fulfilling any request that would require a requesting party to incur administrative fees, the public body shall provide an itemized written cost estimate of such fees to the requesting party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the requesting party may decide whether to proceed with, cancel, or modify the request.

Administrative fees will be billed to the requesting party per quarter hour. These charges will be billed at the current hourly pay grade (prorated for quarter hour increments) of the lowest-paid employee capable of performing the service. Administrative fees will be in addition to any other charges incurred under this section for copying fees.

When multiple FOIA requests are submitted by or on behalf of the requesting party in an effort to avoid incurring administrative charges, the public body may in its discretion aggregate staff time for all such requests when computing fees hereunder. Notwithstanding the foregoing, any Freedom of Information Act policy adopted by a public body pursuant to subsection (b) of this section hereunder may include provisions for the waiver of some or all of the above administrative fees; provided that such waiver shall apply equally to a particular class of persons (i.e., nonprofit organizations).

(3) Microfilm and/or microfiche printouts. — The first 20 pages of standard-sized, black and white material copied from microfilm and/or microfiche shall be provided free of charge. The charge for microfilm and/or microfiche printouts over and above 20 shall be $0.15 per sheet.

(4) Electronically generated records. — Charges for copying records maintained in an electronic format will be calculated by the material costs involved in generating the copies (including but not limited to DVD, CD, or other electronic storage costs) and administrative costs.

(5) Payment. — The public body may require all or any portion of the fees due hereunder to be paid prior to any service being performed pursuant to this section.
29 Del. C. § 915 — Delaware Code / Title 29 / Chapter 9 / Section 915
§ Â
        915. Legislative Hall Art and History Advisory Commission.
Status: in_force

(a) The Legislative Hall Art and History Advisory Commission (“Commission”) is established within the General Assembly to advise and make recommendations to Legislative Council on the gift, loan, or purchase of art, monuments, and historical exhibits to be displayed in Legislative Hall or on the grounds of Legislative Hall on a permanent or temporary basis.

(b) In developing recommendations to Legislative Council, the Commission shall do all of the following:

(1) Receive proposals from artists and historians, art and history organizations, and other individuals and evaluate the extent to which the proposals meet the criteria under subsection (c) of this section.

(2) If recommended, include a summary of how the recommendation meets the criteria under subsection (c) of this section and the cost and logistical needs to implement the recommendation.

(c) Art, monuments, and historical exhibits to be displayed in Legislative Hall or on the grounds of Legislative Hall must engage individuals to do 1 or more of the following:

(1) Reflect on the rich and diverse history, cultures, and artistic and historical contributions of the people of Delaware.

(2) Participate in the artistic, historical, political, or cultural life of this State.

(3) Understand Delaware government.

(4) Appreciate the varied landscapes of Delaware.

(d) The Commission consists of the following members, or a designee selected by a member serving by virtue of position:

(1) Six residents of this State with knowledge or experience in art or Delaware history and appointed as follows:

a. Two residents appointed by the Governor.

b. Two residents appointed by the Speaker of the House of Representatives.

c. Two residents appointed by the President Pro Tempore of the Senate.

(2) The Chief Clerk of the House of Representatives.

(3) The Secretary of the Senate.

(4) The Director of the Division of Legislative Services, who shall also serve as Secretary to the Commission.

(5) The Chair of the Delaware Heritage Commission.

(6) The Director of the Division of Historical and Cultural Affairs.

(7) The Director of the Division of the Arts.

(8) The Director of the Delaware Public Archives.

(9) The Executive Director of the Delaware Historical Society.

(10) The Executive Director of the Delaware Art Museum.

(e) (1) A member of the Commission appointed under paragraph (d)(1) of this section serves at the pleasure of the appointing authority.

(2) The Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate shall make reasonable efforts to ensure each county is represented by the members of the Commission appointed under paragraph (d)(1) of this section.

(3) A member may be removed by the member’s appointing authority for any reason, including gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty.

a. A member is deemed in neglect of duty if the member is absent from 3 consecutive commission meetings without good cause or fails to attend at least 50% of all regular commission meetings in a calendar year.

b. A member who is deemed in neglect of duty is considered to have resigned.

(f) The Secretary of the Senate is the Chair of the Commission in odd-numbered years and Vice-Chair in even-numbered years and the Chief Clerk of the House of Representatives is Chair of the Commission in even-numbered years and Vice-Chair in odd-numbered years.

(g) (1) A quorum of the Commission is a majority of its members.

(2) Official action by the Commission, including making findings and recommendations, requires the approval of a quorum of the Commission.

(3) The Commission may adopt rules necessary for its operation.

(4) The Commission may invite individuals with relevant expertise to participate in commission discussions. An individual invited to participate in commission discussions is not a member of the Commission.

(5) A member of the Commission with the ability to designate another individual to attend a commission meeting must provide the designation in writing to the Chair. An individual attending a meeting for a member as a designee has the same duties and rights as the member.

(h) A member of the Commission may 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.

(i) Legislative Council, or the Commission with approval of Legislative Council, may accept donations of money, property, and personal services related to art, monuments, and historical exhibits recommended by the Commission and approved by Legislative Council.

(j) Art, monuments, and historical exhibits recommended by the Commission and approved by Legislative Council may be placed in any location in Legislative Hall or on the grounds of Legislative Hall, if the location is approved by Legislative Council.

(k) The Division of Legislative Services shall provide staff support to the Commission.
29 Del. C. § 2546 — Delaware Code / Title 29 / Chapter 25 / Subchapter IV / Section 2546
§ Â
        2546. Common Interest Community Advisory Council.
Status: in_force

(a) The Common Interest Community Advisory Council, referred to as “the Council” throughout this section, consists of 18 members. A member who is on the Council by virtue position may appoint a designee to serve in their stead and at their pleasure. Membership is comprised as follows:

(1) The Governor shall appoint 3 members of the public who are unit owners, as defined under § 81-103 of Title 25, of common interest communities in this State, 1 from each county.

(2) The Mayor of the City of Wilmington.

(3) The County Executive of New Castle County.

(4) The President of the Kent County Levy Court.

(5) The President of the Sussex County Council.

(6) The Speaker of the House shall appoint 3 members.

(7) The President Pro Tempore of the Senate shall appoint 3 members.

(8) The Secretary of State.

(9) The President of the Delaware Bar Association shall appoint 2 members from the Real Property Section of the Delaware State Bar Association whose practice involves the creation of, or the handling of disputes arising from, common interest communities.

(10) The President of the Home Builders Association of Delaware.

(11) The Chief Executive Officer of Community Associations Institute.

(b) A member serves until a replacement is appointed under the same process as the member’s appointment.

(c) Members serve without compensation, but may be reimbursed for reasonable necessary expenses incident to the member’s duties and in accordance with state law.

(d) The Attorney General shall appoint the Council’s Chair from among the members of the Council.

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

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

(1) Advise the Ombudsperson regarding issues related to common interest communities, including any of the following:

a. Mechanisms to increase the collection rate for common interest community assessments.

b. The development of conflict resolution procedures within common interest communities.

c. The feasibility of mandatory mediation, arbitration, or another form of alternative dispute resolution for disputes not able to be resolved within common interest communities and, if deemed feasible, how to implement such a process.

d. The development of mechanisms for the registration of common interest communities with the State or other political subdivision.

e. Any other topic the Council deems necessary to advise the Ombudsperson on related to common interest communities.

(2) Advise the Ombudsperson in the operation of the Office.

(3) Study and recommend to the Ombudsperson the adoption, amendment, or rescission of Delaware law or rule of court procedure designed to improve the regulation and operation of common interest communities.

(4) Assist the Ombudsperson in the preparation of the annual report required of the Ombudsperson under § 2544(16) of this title.

(g) The Ombudsperson shall provide support that the Council requests. At a minimum, the Ombudsperson shall prepare the agenda for and minutes of Council meetings and shall post the agenda and minutes as required by the Freedom of Information Act, Chapter 100 of this title.

(h) The Council shall meet at least 4 times each year. The Chairperson, the Ombudsperson, or a majority of the members may call a special meeting of the Council.
29 Del. C. § 8523 — Delaware Code / Title 29 / Chapter 85 / Section 8523
§ Â
        8523. Budgeting and financing.
Status: in_force

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. Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. § 8717 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8717
§ Â
        8717. Division of Public Utility Control.
Status: in_force

The Division of Public Utility Control is established within the Department of State having powers, duties and functions as follows:

(1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal, compensation and duties of employees as provided by law, of the public service commission, except to the extent such powers, duties and functions are vested in the Public Service Commission under Chapter 1 of Title 26.

(2) Such other powers and functions as the Secretary of State may assign which are not otherwise inconsistent with Title 26 or the other laws of the State.
29 Del. C. § 4203 — Delaware Code / Title 29 / Chapter 42 / Section 4203
§ Â
        4203. Organization; quorum.
Status: in_force

(a) The Commission shall elect a Chair at its first meeting in a calendar year 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. § 4205 — Delaware Code / Title 29 / Chapter 42 / Section 4205
§ Â
        4205. Subcommittees; creation and purpose.
Status: in_force

(a) The Commission may establish subcommittees to engage with other organizations in the State that share a similar mission to exchange ideas and information and provide those organizations the opportunity to serve the Commission.

(b) Any member of the Commission may nominate prospective subcommittee members and the Commission shall consider the nominations and make appointments to any subcommittee by majority vote of the Commission.
29 Del. C. § 5006 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5006
§ Â
        5006. Delaware Economic Development Office â Powers and duties [Transferred].
Status: in_force

Transferred to § 8706A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5055 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5055
§ Â
        5055. Application for assistance; findings and determinations [Transferred].
Status: in_force

Transferred to § 8755A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 7312 — Delaware Code / Title 29 / Chapter 73 / Section 7312
§ Â
        7312. Insignia.
Status: in_force

The Board shall adopt a symbol of access to persons with disabilities, which may be the international symbol of access, which shall be permanently and prominently displayed on all buildings covered by this chapter which comply with the requirements of the chapter and the Board’s standards. Said insignia shall not be displayed unless compliance exists.
29 Del. C. § 5103 — Delaware Code / Title 29 / Chapter 51 / Section 5103
§ Â
        5103. Payment of debts as condition of employment.
Status: in_force

No agency of the State shall employ or retain upon its payroll any person who refuses or neglects to make an effort to pay, by making regular partial payments on any unsecured debt, duly contracted for by such person while in the employ of the State. Whoever refuses or neglects to comply with or violates this section shall thereafter be disqualified for membership or employment on any such agency.
29 Del. C. § 5809 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5809
§ Â
        5809. State Public Integrity Commission â Power and duties.
Status: in_force

The powers and duties of the Commission shall be as follows:

(1) To recommend to the General Assembly from time to time such rules of conduct for public employees and officials as it shall deem appropriate.

(2) To issue written advisory opinions upon the request of any state employee, state officer, honorary state official or state agency as to the applicability of this chapter to any particular fact situation.

(3) To refer to Commission Counsel to investigate any alleged violation of this chapter and, after notice and hearing, to recommend by resolution, such disciplinary action as it may deem appropriate to such appropriate official or agency as the Commission shall determine or to take such other disciplinary action as is authorized by § 5810(d) of this title or other provisions of this Code. The Commission may also dismiss any complaint that it determines is frivolous or fails to state a violation.

(4) To report to the appropriate federal or state authorities any substantial evidence of a violation of any criminal law which may come to its attention in connection with any proceeding whether advisory or disciplinary.

(5) To maintain a file of its proceedings, waiver decisions and advisory opinions with a view toward achieving consistency of opinions and recommendations subject to the confidentiality requirements of § 5807(b) and (d), and § 5810(h).

(6) To follow the procedural rules specified in § 5810 of this title and to establish such other procedural rules as shall not be inconsistent with the rules prescribed therein.

(7) 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 Commission’s duties or exercise of its powers.

(8) To prescribe forms for reports, statements, notices and other documents required by law. The Commission may permit the filing of reports, statements, notices, and other documents by electronic means and may specify the form and content of such filings.

(9) To prepare and publish manuals and guides explaining the duties of individuals covered by this chapter; and giving instructions and public information materials to facilitate compliance with, and enforcement hereof.

(10) To provide assistance to state agencies, employees and officials in administering the provisions of this law.

(11) To prepare an annual report by March 1st of each year describing its activities for the previous year and to prepare such other reports and studies as may advance the purposes of this chapter.

(12) To appoint a lawyer admitted to practice in the State to serve as Commission Counsel.

(13) To request appropriate state agencies to provide such professional assistance as it may require in the discharge of its duties.

(14) To contract for any services which cannot satisfactorily be performed by the Commission Counsel or other Commission staff.

(15) Commencing January 15, 1995, to administer and implement the financial disclosure provisions of subchapter II of this chapter and to maintain the records filed pursuant thereto.

(16) Commencing January 15, 1996, to administer and implement the lobbyist registration provisions of this Code and to maintain the records filed pursuant thereto.

(17) To perform such other responsibilities as may be assigned to it by law.
29 Del. C. § 5104 — Delaware Code / Title 29 / Chapter 51 / Section 5104
§ Â
        5104. Saturday as holiday.
Status: in_force

Saturday shall be a legal holiday throughout each year for all elective and appointive officials, deputies, clerks and other employees of the State, except members of the State Police, employees of the Department of Safety and employees assigned to rotating and shift work. Saturday shall be a holiday for employees of the Department of Safety throughout the year excepting the last 2 Saturdays of each quarter. During the periods stated, state offices affected hereby shall not be open for business on Saturdays.
29 Del. C. § 8226 — Delaware Code / Title 29 / Chapter 82 / Section 8226
§ Â
        8226. State Emergency Response Commission.
Status: in_force

(a) A State Emergency Response Commission (SERC) is hereby established in compliance with Title III of the Federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) (42 U.S.C. § 11001 et seq.), and all appointed commissioners shall serve at the pleasure of the appointing authority and, shall consist of the following:

(1) The Secretary of the Department of Safety and Homeland Security, who shall serve as Chair;

(2) The Superintendent of the Delaware State Police, or a designee appointed by the Superintendent;

(3) The Secretary of the Department of Transportation, or a designee appointed by the Secretary;

(4) The Director of the Division of Waste and Hazardous Substances, or a designee appointed by the Secretary of the Department of Natural Resources and Environmental Control;

(5) The Delaware State Fire Marshal, or a designee appointed by the State Fire Marshal;

(6) The Director of the Delaware Emergency Management Agency, or a designee appointed by the Secretary of the Department of Safety and Homeland Security;

(7) The Director of the Division of Public Health, or a designee appointed by the Secretary of the Department of Health and Social Services;

(8) The Chairs of the SERC established Local Emergency Planning Committees (LEPC) which shall include the City of Wilmington LEPC, New Castle County LEPC, Kent County LEPC, and Sussex County LEPC, or an LEPC member appointed by the Chair;

(9) The Chair of the State Fire Prevention Commission, or a State Fire Prevention Commission member, appointed by the Chair;

(10) Seven commissioners who shall include representatives of air, water, rail and highway transportation, and 3 representatives with experience or knowledge in the area of hazardous materials to be appointed by the Governor for a term of 2 years;

(11) The Director of the Delaware State Fire School, or a designee appointed by the Director; and,

(12) The President of the Delaware State Firefighter’s Association, or a designee appointed by the President, who shall serve a term of 2 years.

(b) The Chair shall have no vote except in the case of a tie. The SERC shall meet no less than once each year and at such other times and places as may be designated by the Chair or a majority of the SERC commissioners. The Chair shall cause reasonable notice to be given to each Commission member as to the time and place of each meeting. Eleven Commission members shall constitute a quorum for the transaction of business at any meeting. Members of the Commission shall receive no compensation for the meeting.

(c) After the enactment of this section, the SERC may adopt any subsequent federal regulations lawfully promulgated under the parts of the Code of Federal Regulations herein adopted.

(d) The SERC shall submit an annual report to the Governor and the Delaware General Assembly.

(e) The SERC shall assign the state departments and divisions represented on the Commission, the duty of coordinating and assisting in the enforcement of this section. Such assignments shall be affirmed by a majority vote of the SERC commissioners. The SERC may also enlist the support of any other person which it deems necessary to assist in carrying out its functions and duties.

(f) The SERC has authority to promulgate rules and regulations to carry out the purposes of this section. The SERC Chair may appoint subcommittees to address specific issues and provide subject matter expertise in the promulgation of its rules and regulations and the development of standards and programs to ensure continued compliance with this section and the Code of Federal Regulations adopted therein by all affected agencies.

(g) The SERC may adopt or amend its bylaws. Bylaws shall only be adopted or amended with a 3/4 majority vote by SERC Commissioners.
29 Del. C. § 9005B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9005B
§ Â
        9005B. Records.
Status: in_force

The state row officers shall keep all records, books, papers and other things belonging to their offices, in their respective offices.
29 Del. C. § 10202 — Delaware Code / Title 29 / Chapter 102 / Section 10202
§ Â
        10202. Declaration of policy.
Status: in_force

(a) It is essential to the maintenance of a healthy state economy and a government that has the confidence of its citizens that the State establish a system of periodic legislative review of its entities. The review of entity performance and activities is consistent with other activities and goals of the General Assembly. The primary purpose of a full review or focused review under this chapter is to determine whether there is a genuine public need for the entity under review and, if so, to determine whether the entity is correctly performing to meet that need.

(b) The purpose of this chapter is to provide an action-forcing mechanism designed to increase the accountability of an entity through increased legislative scrutiny of the entity and its activities. The intent of the General Assembly is to establish a timetable and process for a full review or focused review of an entity and the services it provides and ultimately to review each entity established by or receiving financial assistance from the State.

(c) The purpose of this chapter is not to terminate an entity which the Committee determines is sufficiently meeting a recognized Delaware state need and is accountable and responsive to the public interests. Rather, the primary purpose of this chapter is to use the review mechanism to strengthen and support an entity that the Committee determines is meeting a recognized Delaware state need.
29 Del. C. § 7412 — Delaware Code / Title 29 / Chapter 74 / Section 7412
§ Â
        7412. Registration, recording and cancellation agent.
Status: in_force

The issuing officer shall, by resolution, direct the State Treasurer to contract, in such manner as the issuing officers shall prescribe, with a banking or other institution to act as: (1) Registration agent for bonds, notes and revenue notes; (2) recording agent to provide a permanent record of all bonds and coupons pertaining thereto, notes and revenue notes which shall have been paid or redeemed; and (3) cancellation agent to cancel all such bonds and coupons pertaining thereto, notes and revenue notes which shall have been paid or redeemed. The State Treasurer may, at the direction of the issuing officers, contract with such institution for related services. Any such contract shall provide that the agent shall be responsible to the State for the faithful and safe conduct of the services to be performed by it as registration agent, recording agent or cancellation agent, or services related thereto, for the fidelity and integrity of the officers and agents of such contracting institution performing the duties of a registration agent, recording agent or cancellation agent, or services related thereto, and for all loss or damage which may result from any failure of such officers or agents to discharge their duties and for any improper or incorrect discharge of those duties, and shall save the State free and harmless from any and all loss or damage occasioned by or incurred in the performance of such services. Such contract may be terminated by the State Treasurer at any time, if so directed by the issuing officers. Any such contract shall be filed in the office of the State Treasurer as a public record.
29 Del. C. § 10122 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10122
§ Â
        10122. Notice of proceedings.
Status: in_force

Whenever an agency proposes to proceed for a case decision, it shall give 20 days’ prior notice to all parties as follows:

(1) The notice shall describe the subject matter of the proceedings;

(2) The notice shall inform the parties of the opportunity, if permitted by law, to elect to proceed by informal fact-finding and of the date by which such election must be made;

(3) The notice shall give the date, time and place the formal hearing will be held if informal fact-finding is not elected;

(4) The notice shall cite the law or regulation giving the agency authority to act;

(5) The notice shall inform the party of the right to present evidence, to be represented by counsel and to appear personally or by other representative; and

(6) The notice shall inform the parties of the agency’s obligation to reach its decision based upon the evidence received.
29 Del. C. § 6527 — Delaware Code / Title 29 / Chapter 65 / Section 6527
§ Â
        6527. Delinquencies to be reported by Secretary of Finance.
Status: in_force

Upon the discovery of any delinquency in any agency, the Secretary of Finance shall forthwith report the same to the General Assembly, the Director of the Office of Management and Budget and the Attorney General who shall thereupon take appropriate action.
29 Del. C. § 8505 — Delaware Code / Title 29 / Chapter 85 / Section 8505
§ Â
        8505. Office of Planning, Research and Evaluation.
Status: in_force

(a) The Office of Planning, Research and Evaluation is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting statistical research and analysis regarding employment and unemployment heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 of Title 19.

(b) In addition to the foregoing, the Office of Planning, Research and Evaluation shall provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department.
29 Del. C. § 8030 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8030
§ Â
        8030. Energy Efficiency Investment Fund.
Status: in_force

(a) The Division of Climate, Coastal and Energy shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Energy Office, also referred to as the “Energy Office,” “State Energy Office,” “DEO” and “State Energy Coordinator,” pursuant to: Chapter 76 of Title 16; Chapters 1, 10 and 15 of Title 26; this chapter; and Chapter 64 of this title.

(b) The Department of Natural Resources and Environmental Control shall manage the Energy Efficiency Investment Fund. The Fund shall be used to incentivize investments in energy efficiency by consumers or users of gas or electricity whose purchase of those commodities from a distributor is subject to the public utility tax on gas or electricity imposed by Chapter 55 of Title 30. The Department shall support implementation of projects that reduce the use of gas, electricity, or other sources through the issuance of competitive grants, low-interest loans, or other financing support from the Fund. The Department shall establish the contents and deadline for applications for financing from the Fund and shall give preference to those applications proposing projects that are anticipated to produce the greatest reduction in energy consumption per Fund dollar invested, improve environmental performance, spur capital construction and facility modernization, encourage job retention and creation, and are likely to be substantially complete no later than 1 year following the issuance of financing from the Fund. In no event shall the Fund provide grant funding for more than 60% of the costs of any proposed project or support projects already receiving support from the Green Energy Fund under this chapter or the Strategic Fund under subchapter II of Chapter 87A of this title. The Fund shall be administered in consultation with the Sustainable Energy Utility and the Department. The Department shall make an annual report on the use of the Energy Efficiency Investment Fund and the value of energy savings resulting therefrom to the Governor’s Energy Advisory Council and the General Assembly not later than August 30 of each year after 2011. The Department shall retain no more than 4 percent of the Fund for expenses to administer this section. All terms used herein that are defined in Chapter 55 of Title 30 shall have the same definition used in that chapter.
29 Del. C. § 8712A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8712A
§ Â
        8712A. Assistance for tourism and business promotion.
Status: in_force

(a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities and political subdivisions of the State and private and public nonprofit associations to attract new investors and businesses to the State, and to promote the State as a destination for tourists and other travelers.

(b) The Director may contract with any instrumentality or political subdivision of the State, and with any private or public nonprofit association, to accomplish any work authorized by this chapter, provided that the said instrumentality or political subdivision of the State, private or public nonprofit association, contributes an equal share to the cost of the project.

(c) The Director shall establish such rules and regulations as are necessary to determine the eligibility of any instrumentality or political subdivision, private or public nonprofit association for participation in contracts authorized by this section. A private or public nonprofit association shall submit a letter of exemption from the Internal Revenue Service as proof of nonprofit status.

(d) The Director may, if the Director deems it necessary, limit the amount of money granted to any single project funded under this section. Expenditures from this special fund shall be in accordance with state law and shall be limited to appropriations provided therefor. Moneys on deposit in this special fund which are unexpended or unencumbered shall not revert at the end of each fiscal year.
29 Del. C. § 9001E — Delaware Code / Title 29 / Chapter 90E / Section 9001E
§ Â
        9001E. Purpose.
Status: in_force

In establishing the Office of Inspector General, the General Assembly finds as follows:

(1) The prevention of fraud, waste, mismanagement, corruption, and abuse of governmental resources is necessary for Delaware residents to have full confidence in their state government.

(2) An independent and nonpartisan Office of Inspector General is necessary to provide increased oversight, accountability, and transparency to the actions of Delaware government.

(3) The Office of Inspector General shall protect the public interest and enhance public trust by conducting investigations and holding agencies and individuals accountable to all of the following, as applicable:

a. Oath of office.

b. Code of conduct.

c. State law.

d. Other ethical and legal standards.

(4) The Office of Inspector General will work collaboratively with other investigative and law-enforcement agencies for the purposes of efficiency, coordination, and avoiding duplication of work.
29 Del. C. § 3905 — Delaware Code / Title 29 / Chapter 39 / Section 3905
§ Â
        3905. Powers of the Commission.
Status: in_force

The Commission shall establish such delegations and committees as it deems advisable in order that they may confer and formulate proposals concerning effective means to secure intergovernmental harmony and may perform other functions for the Commission in obedience to its decisions. Subject to the approval of the Commission, the member or members of each such delegation or committee shall be appointed by the Chairperson of the Commission. The Commission may provide such other rules as it considers appropriate concerning the membership and the functioning of any such delegation or committee. The Commission may provide for advisory boards for itself and for its various delegations and committees.
29 Del. C. § 5290 — Delaware Code / Title 29 / Chapter 52C / Section 5290
§ Â
        5290. Definitions.
Status: in_force

As used in this chapter:

(1) “Carrier” means the supplemental income benefits carrier selected pursuant to § 5292 of this title.

(2) “Claims loss ratio” means claims payable as a percentage of premium income, or ratio of incurred losses and loss adjustment expenses to net premiums earned.

(3) “Committee” means the State Employee Benefits Committee as established by § 9602 of this title.

(4) “Employee” means an eligible “employee” as defined in §§ 5501 and 5201 of this title who elects to participate in the supplemental insurance program as specified in § 5293 of this title.

(5) “Income indemnity” means restoration to the participating employee of a loss by payment.

(6) “Premium” means the price of insurance protection for a specified risk for a specified period of time.

(7) “Supplemental insurance program” means voluntary insurance benefits designed to supplement existing major medical coverage where the payments are predetermined and paid regardless of other available coverage.
29 Del. C. § 9011A — Delaware Code / Title 29 / Chapter 90A / Section 9011A
§ Â
        9011A. Driver education, driverâs license, and motor vehicle insurance for an individual who is in or has experienced foster care in Delaware.
Status: in_force

(a) The General Assembly finds that the costs of driver education, obtaining a driver’s license, and motor vehicle insurance for an individual who is in or has experienced foster care in Delaware serve as an additional barrier to gaining independence and engaging in age-appropriate and developmentally appropriate activities, and limits opportunities for obtaining employment and completing educational goals. The General Assembly further finds that the completion of an approved driver education course is necessary to develop safe driving skills.

(b) For purposes of this section, “caregiver” means as defined in § 2502 of Title 13.

(c) The Office shall establish a program to assist with driver education, driver licensure, motor vehicle insurance, and associated costs and barriers to driving for an individual under paragraph (g)(1) of this section.

(d) The Office shall develop procedures for operating and administering the program established under subsection (c) of this section, including for all of the following:

(1) Determining eligibility for the program.

(2) Developing necessary forms, including for application and payment.

(3) Promoting awareness of the program.

(4) Providing technical assistance and supports to remove barriers that prevent an individual from driving.

(5) Providing incentives to encourage the greatest number of eligible individuals to participate in the program.

(6) Developing programs and providing supports to prepare an individual to assume financial responsibility for motor vehicle insurance and associated costs of driving after the individual is no longer eligible for the program.

(7) Providing for payments to be made to individuals and caregivers under the program.

(e) (1) The Office shall make payments under the program established under subsection (c) of this section in the order that it determines an individual eligible.

(2) If a caregiver adds an individual under paragraph (g)(1) of this section to the caregiver’s motor vehicle insurance policy, the Office may not pay to the caregiver an amount that exceeds the increase in cost attributable to the addition of the individual to the policy.

(f) When an individual identified in paragraph (g)(1) of this section procures and maintains a valid auto insurance policy with its coverages identified in §§ 2118 and 2902 of Title 21, and § 3902 of Title 18 through participation in the program established under subsection (c) of this section, the policy is the source of that coverage when the individual is operating a motor vehicle. The individual’s caregiver’s coverages identified in §§ 2118 and 2902 of Title 21, and § 3902 of Title 18 may not be a source of coverage when the individual is operating a motor vehicle.

(g) (1) The following individuals are eligible to participate in the program:

a. An individual in Department custody under Chapter 25 of Title 13.

b. An individual who exited Department custody to adoption or guardianship at age 16 or later.

c. An individual who exited Department custody at age 18.

d. An individual who receives independent living services from the Department.

(2) An individual under paragraph (g)(1)b. or (g)(1)c. of this section may participate in the program for 1 year following the individual’s exit from Department custody unless the individual is receiving independent living services from the Department.

(3) An individual under paragraph (g)(1)d. of this section may participate in the program for as long as the individual is receiving independent living services from the Department.

(h) The Office may adopt regulations to implement this section.

(i) The Office shall submit a report to the General Assembly, which may be included in the Office’s annual report, containing all of the following information for the previous year:

(1) The number of individuals who participated in the program and the assistance provided.

(2) The total amount of funds disbursed to assist with driver education, driver licensure, motor vehicle insurance, and associated costs of and barriers to driving.

(3) Ongoing barriers to providing driver’s licenses or motor vehicle insurance to individuals who are in or have experienced foster care in Delaware and progress toward overcoming those barriers.
29 Del. C. § 6402 — Delaware Code / Title 29 / Chapter 64 / Section 6402
§ Â
        6402. Scope.
Status: in_force

This chapter shall apply to all state departments and agencies receiving appropriations as set forth in the Budget Appropriation Bill.
29 Del. C. § 602 — Delaware Code / Title 29 / Chapter 6 / Section 602
§ Â
        602. Certified or registered mail.
Status: in_force

The State, its various offices, departments and agencies may use certified mail in all cases where registered mail was required prior to September 30, 1959.
29 Del. C. § 4341 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4341
§ Â
        4341. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
29 Del. C. § 5945 — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5945
§ Â
        5945. Refusal of employee to testify.
Status: in_force

If any employee in the state service shall wilfully refuse or fail to appear before any court or judge, any legislative committee or any officer, board or body authorized to conduct any hearing or inquiry, or, having appeared, shall refuse to testify or answer any question relating to the affairs or government of the State or the conduct of any state officer or employee on the ground that the employee’s testimony or answers would tend to incriminate the employee or shall refuse to waive immunity from prosecution on account of any matter about which the employee may be asked to testify at any such hearing or inquiry, the employee shall forfeit the employee’s office or position and shall not be eligible thereafter for appointment to any position in the state service.
29 Del. C. § 2204 — Delaware Code / Title 29 / Chapter 22 / Section 2204
§ Â
        2204. Time during which available to Governor-elect.
Status: in_force

The moneys authorized for use of the Governor-elect, as provided in this chapter, shall be available from the date of certification as provided in § 2202 of this title until the Governor-elect officially assumes the office of Governor.
29 Del. C. § 5815 — Delaware Code / Title 29 / Chapter 58 / Subchapter II / Section 5815
§ Â
        5815. Violations; penalties; jurisdiction of Superior Court.
Status: in_force

(a) Any public officer who wilfully fails to file a report in violation of §§ 5813, 5813A of this title shall be guilty of a class B misdemeanor.

(b) Any public officer who knowingly files any report required by §§ 5813, 5813A of this title that is false in any material respect shall be guilty of a class A misdemeanor.

(c) The Commission may refer a violation of this subchapter by a candidate for state-wide office to the State Election Commissioner for further action. The Commission may refer to the Commission Counsel for investigation and/or may refer any suspected violation of this subchapter by any public officer to the Attorney General for investigation and prosecution; provided however, that the Commission shall refer any suspected violation of this subchapter by a member of the General Assembly or the judiciary to the Attorney General, who shall have the exclusive authority to investigate and prosecute or otherwise recommend remedies or sanctions for such suspected violation.

(d) Superior Court shall have jurisdiction over all offenses under this subchapter.
29 Del. C. § 5207 — Delaware Code / Title 29 / Chapter 52 / Section 5207
§ Â
        5207. Temporary employees.
Status: in_force

Any person not a “regular officer or employee” but employed by a state agency and who works the regularly scheduled full-time hours of the employing agency or at least 30 or more hours per week or 130 hours per month (with allowable interruptions) shall be eligible for the health care insurance established under this chapter provided such person authorize in writing a payroll deduction from such person’s salary of the amount of the premium for said insurance.
29 Del. C. § 8714 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8714
§ Â
        8714. 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. § 5831 — Delaware Code / Title 29 / Chapter 58 / Subchapter IV / Section 5831
§ Â
        5831. Definitions.
Status: in_force

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

(1) “Commission” means the State Public Integrity Commission.

(2) “Compensation” means any money, thing of value or any other economic benefit of any kind or nature whatsoever conferred on or received by any person in return for services rendered or to be rendered by such person or another.

(3) “Employer” means any person on whose behalf a lobbyist acts.

(4) “General Assembly” includes any member, committee or subcommittee of either House of the General Assembly.

(5) “Lobbyist” means any individual who acts to promote, advocate, influence or oppose any matter pending before the General Assembly by direct communication with the General Assembly or any matter pending before a state agency by direct communication with that state agency, and who in connection therewith either:

a. Has received or is to receive compensation in whole or in part from any person; or

b. Is authorized to act as a representative of any person who has as a substantial purpose the influencing of legislative or administrative action; or

c. Expends any funds during the calendar year for the type of expenditures listed in § 5835(b) of this title.

(6) “Matter” means any application, petition, request, business dealing, transaction or decision of any sort.

(7) “Person” means any individual, partnership, corporation, trust, joint venture and any other association of individuals or entities.

(8) “State agency” means any office, department, board, commission, committee, school district, board of education and all public bodies existing by virtue of an act of the General Assembly or of the Constitution of the State, excepting only political subdivisions of the State, their agencies and other public agencies not specifically included in this definition that exist by virtue of state law and whose jurisdiction:

a. Is limited to a political subdivision of the State or to a portion thereof; or

b. Extends beyond the boundaries of the State.

(9) “State employee” means person who receives compensation as an employee of a state agency (including the elected or appointed heads of such agencies) or who serves as an appointed member, trustee, director or the like of any state agency.

(b) Paragraphs (a)(5)a. and b. of this section shall not apply to:

(1) Persons performing professional services in drafting bills or regulations or in advising and rendering opinions to clients as to the construction or effect of proposed, pending or enacted legislation or regulations who do not otherwise act as lobbyists;

(2) Persons appearing pursuant to their official duties as employees or elected officials of the State, or any political subdivision thereof, or of the United States, and not as representatives of any other person; moreover, expenditures listed in § 5835 of this title made by such persons or their employers in connection with these official duties shall not qualify such persons as lobbyists under paragraph (a)(5)c. of this section;

(3) Persons who, in relation to the duties or interests of their employment or at the request or suggestion of their employer, communicate with the General Assembly or a state agency concerning any legislation, regulation or other matter before the General Assembly or such state agency, if such communication is an isolated, exceptional or infrequent activity in relation to the usual duties of their employment;

(4) Persons communicating with the General Assembly or a state agency if such communication is undertaken by them as a personal expression and not as an agent of their employers as to matters of interest to a person by whom or by which they are employed and if they receive no additional compensation or reward, in money or otherwise, for or as a result of such communication;

(5) Persons testifying at public hearings conducted by the General Assembly or a state agency who do not otherwise act as lobbyists;

(6) Persons appearing on behalf of any religious organization with respect to subjects of legislation or regulation that directly relate to the religious beliefs and practices of that organization who do not otherwise act as lobbyists;

(7) Attorneys representing clients in administrative adjudications governed by the provisions of subchapter III of Chapter 101 of this title, representing clients before the Tax Appeals Board, or in other administrative procedures where ex parte communications with the state agency with authority over the matter are prohibited;

(8) Attorneys representing clients with regard to criminal or civil law enforcement proceedings, or in any judicial proceedings.
29 Del. C. § 1001 — Delaware Code / Title 29 / Chapter 10 / Section 1001
§ Â
        1001. Findings; purpose.
Status: in_force

(a) The General Assembly hereby declares that public office is a public trust and that any effort to realize personal financial gain through public office other than compensation provided by law is a violation of that trust. In serving the public interest, it is a legislator’s right and responsibility to vote upon all questions before the House of which he or she is a member and to participate in the business of the House and its committees, and in doing so, he or she is presumed to be acting in good faith and in the public interest.

(b) The General Assembly also acknowledges that the exercise of legislative rights is subject to limitations provided in article II, § 20 of the Delaware Constitution when personal or private interests conflict with the public interest.

(c) The purpose of this chapter is to define the limitations of article II, § 20 of the Delaware Constitution and to provide for its implementation and enforcement.
29 Del. C. § 7525 — Delaware Code / Title 29 / Chapter 75 / Section 7525
§ Â
        7525. Use or acquisition of lands for school construction.
Status: in_force

(a) Whenever a school district either proposes to use land that it currently owns for the carrying out of school construction, or to select and acquire land for the same purpose, the board of education of such school district is authorized to use or to select and acquire such land upon the approval of the Department of Education, the Office of Management and Budget and the Office of State Planning Coordination, pursuant to rules and regulations to be promulgated by the Department of Education. A school district may submit more than 1 prospective site for approval. If the Department of Education, the Office of Management and Budget and the Office of State Planning Coordination approve more than 1 site, the Department of Education shall work jointly and cooperatively with the school district to finally decide which site or sites shall be approved. The provisions of this subsection shall apply to any land that a school district desires to use for school construction purposes, whether acquired prior to or after July 19, 2004, and regardless of whether said land was or is to be acquired by the school district either by gift or for consideration, or where said land is proposed to be set aside in lieu of payment of the Voluntary School Assessment as provided in § 2661(c)(3) of Title 9 and § 842(c) of Title 22.

(b) The land may be acquired by contract with the owner or owners thereof at a fair value, or by condemnation proceedings instituted by the appropriate official body, but such condemnation proceedings shall not be instituted against any land, building, franchise, easement or other property of a public utility used by it in providing its service to the public.

(c) The cost of such land shall be deemed to be part of the cost of such school construction.

(d) Title to any lands acquired shall be a fee simple title and shall be vested in the board of education of the school district.

(e) Condemnation proceedings to acquire land in any case where such land cannot for any reason be acquired by agreement with the owner or owners thereof for a fair or reasonable consideration may be instituted by the appropriate official body under § 2303 of Title 14 and Chapter 61 of Title 10.
29 Del. C. § 8305 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8305
§ Â
        8305. Division of Revenue.
Status: repealed

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

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

a. The State Tax Department and the State Tax Commissioner pursuant to Chapters 1, 3, 11, 13 [repealed], 15, 17, 19, 20, 21, 23, 25, 27, 29, 43, 53 and 54 of Title 30;

b. The Collector of State Revenue, the State Tax Department and the State Tax Commissioner pursuant to Chapter 5 of Title 30 of the 1953 Code.

(2) In addition to the foregoing, the Division of Revenue shall have the power to perform and shall be responsible for the performance of the following powers:

a. To issue licenses, permits or other documents, to require the payment of fees, taxes or other assessments, and the filing of affidavits or other documents relating thereto, and to enforce the payment and collection of the same heretofore vested in:

1. The State Treasurer pursuant to Chapters 33, 35 [repealed], 37 [repealed], 39 [repealed] and 41 of Title 30;

2. The State Highway Department pursuant to Chapters 51 and 52 of Title 30;

b. To require the payment of fees, taxes and other assessments, and the filing of affidavits or other documents relating thereto, and to enforce the payment and collection of the same heretofore vested in:

1. The Superintendent of the Delaware State Police pursuant to § 1304 of Title 24;

2. The Delaware Alcoholic Beverage Control Commission pursuant to §§ 551, 564, 572 and 581 of Title 4;

3. The Delaware Real Estate Commission pursuant to §§ 2905, 2908, 2911, 2918 [repealed] and 2920 of Title 24;

4. The Industrial Accident Board, the State Treasurer and the Insurance Commissioner of this State pursuant to §§ 2391 and 2392 of Title 19;

5. The Delaware Harness Racing Commission pursuant to §§ 10024, 10030, 10031 [repealed], 10056 and 10059 [repealed] of Title 3;

6. The Delaware Racing Commission pursuant to §§ 10123, 10130 [repealed], 10165 and 10168 [repealed] of Title 3 and §§ 404, 411, 445 and 448 of Title 28.

(3) The Division shall promulgate rules and regulations relating to all taxes and fees to be paid by any boxing arena or other site by any promoter, participant, vendor or patron; or to be paid by any other person, corporation or organization associated with a match.

(4) The Division of Revenue shall have the power to establish and promulgate such rules and regulations to implement its powers set forth in paragraph (2) of this section, as it deems necessary and which are not inconsistent with the laws of this State.

(5) The executive, administrative, ministerial, fiscal and clerical functions of the State Tax Board set forth in subchapter II of Chapter 3 of Title 30 shall be performed by the Division of Revenue.

(6) On or before November 1 of each odd-numbered year, the Division of Revenue, under the supervision of the Secretary of the Department of Finance, shall make a report to the Governor and the General Assembly concerning the effect of certain tax preferences on the revenues collected by the State. For the purposes of this section, “tax preferences” means any law of the United States or the State which exempts, in whole or in part, certain persons, income, goods, services or property from the impact of established taxes, including, but not limited because of failure of enumeration, to those devices known as tax deductions, tax exclusions, tax credits, tax deferrals and tax exemptions. “Tax preference” shall not include variations in the rate of income tax, § 1102 of Title 30; standard deductions, § 1108 of Title 30; or personal exemptions, § 1110 of Title 30.

a. Declaration of policy. — State governmental policy objectives are sought to be achieved both by direct expenditure of governmental funds and by the granting of special and selective tax relief or tax preferences. Both direct expenditures of governmental funds and tax preferences have an effect on the ability of the state government to lower tax rates or to increase expenditures. As a result, tax preferences should receive a regular and comprehensive review by the Governor and the General Assembly as to:

(i) Their total cost;

(ii) Their effectiveness in achieving their objectives;

(iii) Their effect on the fairness and equity of the distribution of the tax burden; and

(iv) The public and private cost of administering tax preference financed programs.

The purpose of this section is to facilitate such review by providing for the generation of information concerning tax preferences and their effect upon state revenues.

b. Components of the report. — The taxes to be reviewed in the report shall be tax preferences created under provisions of the Delaware Code, rather than tax preferences created by operation of the Internal Revenue Code of the United States, and shall include, but need not be limited to, the personal income tax, corporate income tax, motor fuel taxes and public utility taxes. The report shall include the following:

1. Each tax preference, its statutory basis, and its purpose.

2. An estimate of the revenue loss to the State, or 1 of its subdivisions, caused by each tax preference for the last fiscal year and the estimated revenue loss caused by each tax preference for the current fiscal year.

3. An assessment of whether each tax preference is the most fiscally effective means of achieving its purpose and whether or not each tax preference has been successful in meeting the purpose for which it was enacted, and, in particular, whether each tax preference benefits those originally intended to be benefitted, and if not, those who do benefit.

4. A statement of any unintended or inadvertent effects, benefits or harm caused by each tax preference, including whether each tax preference conflicts with any other state laws or regulations.

(7) Notwithstanding the provisions of paragraph (6) of this section, whenever there shall be enacted:

a. In the case of the personal income tax, a modification, as that term is used in § 1105 of Title 30, to be used in determining taxable income, or adjustments to federal itemized deductions to be used in the computation contained in § 1109(a), of Title 30; or

b. In the case of corporation income tax, adjustments to federal taxable income under § 1903(a), of Title 30, or allocation provisions under § 1903(b), of Title 30; then, on or before November 15 following such enactment, the Division of Revenue, under the supervision of the Secretary of Finance, shall make a report to the Governor and the General Assembly concerning such provision. The report shall include the components described in paragraph (6)b. of this section.

(8) The Division is authorized to require payment of fees for issuance of certificates or other documents reflecting the status of taxes, if any owed, by the tax payer requesting such certificate. In addition, the Division is authorized to specify payment of fees for collection of debts owed to claimant agencies. Payment of these fees shall be deemed to reduce the contractual services expenditures of the Division and shall be recorded as expenditure-reducing items.
29 Del. C. § 9003B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9003B
§ Â
        9003B. Location of offices.
Status: in_force

The State shall provide and assign office space for the respective state row offices and, whenever occasion requires, may change such space and assign different space. The state row officers shall occupy, and their offices shall be located in, the space assigned to them from time to time by the State.
29 Del. C. § 2904 — Delaware Code / Title 29 / Chapter 29 / Section 2904
§ Â
        2904. Deputy; appointment, compensation and powers.
Status: in_force

The Auditor may appoint a Deputy at an annual salary of $11,000. The Deputy shall take the oath of office and shall act in the absence or disability of the Auditor when so designated by that official and may at all times countersign checks and drafts in the name of the Auditor if so authorized by the Auditor. The Deputy shall at all times be removable by the Auditor.
29 Del. C. § 9010E — Delaware Code / Title 29 / Chapter 90E / Section 9010E
§ Â
        9010E. Inspector General; selection panel; confirmation.
Status: in_force

(a) (1) The Secretary of State shall convene the selection panel as follows:

a. At least 90 days before the Inspector General’s current term is expiring.

b. As soon as practicable when the position of Inspector General becomes vacant during a term or if the Inspector General submits notice of resignation.

(2) The selection panel shall submit the names of 3 individuals to the Governor for consideration for appointment as Inspector General based on each individual’s demonstrated integrity, leadership, and experience in governmental oversight and investigations.

(3) The Secretary of State shall provide reasonable and necessary support staff and materials for the selection panel.

(b) The selection panel is comprised of the following members, or a designee selected by a member serving by virtue of position:

(1) The Attorney General, who serves as chair.

(2) A State Representative from the majority caucus, appointed by the Speaker of the House of Representatives.

(3) A State Senator from the majority caucus, appointed by the President Pro Tempore of the Senate.

(4) A State Representative from the minority caucus, appointed by the House Minority Leader.

(5) A State Senator from the minority caucus, appointed by the Senate Minority Leader.

(6) The Secretary of State.

(7) The President of the Delaware State Bar Association.

(8) The President of the Delaware Association of Chiefs of Police.

(9) The President of the Delaware State Conference of Branches of the NAACP.

(10) The President of the League of Women Voters of Delaware.

(11) The President of the Delaware Coalition for Open Government.

(12) Three members of the public with experience related to open government, 1 member appointed by the President Pro Tempore of the Senate, 1 member appointed by the Speaker of the House of Representatives, and 1 member appointed by the Governor.

(c) (1) A quorum of the selection panel is a majority of its members.

(2) Official action by the selection panel requires the approval of a quorum of the selection panel.

(3) The selection panel may adopt rules necessary for its operation.

(4) The chair of the selection panel may invite individuals with relevant expertise to participate in selection panel discussions.

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

(6) The selection panel is a public body under the Freedom of Information Act, Chapter 100 of this title.

(d) The Governor shall select 1 nominee from the 3 names provided by the selection panel to be appointed Inspector General and submit the nominee to the Senate for confirmation by the majority of the members elected to the Senate.
29 Del. C. § 5520 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5520
§ Â
        5520. Retirement option.
Status: in_force

When an employee applies for a pension, he or she shall choose either a unified pension or an ordinary pension.
29 Del. C. § 327 — Delaware Code / Title 29 / Chapter 3 / Section 327
§ Â
        327. State dog.
Status: in_force

84 Del. Laws, c. 38 designates rescue dogs as the official state dog.
29 Del. C. § 10005 — Delaware Code / Title 29 / Chapter 100 / Section 10005
§ Â
        10005. Enforcement.
Status: in_force

(a) Any action taken at a meeting in violation of this chapter may be voidable by the Court of Chancery. Any citizen may challenge the validity under this chapter of any action of a public body by filing suit within 60 days of the citizen’s learning of such action but in no event later than 6 months after the date of the action.

(b) Any citizen denied access to public records as provided in this chapter may bring suit within 60 days of such denial. Venue in such cases where access to public records is denied shall be placed in a court of competent jurisdiction for the county or city in which the public body ordinarily meets or in which the plaintiff resides. Notwithstanding the foregoing, a person denied access to public records by an administrative office or officer, a department head, commission, or instrumentality of state government which the Attorney General is obliged to represent pursuant to § 2504 of this title must within 60 days of denial, present a petition and all supporting documentation to the Chief Deputy as described in subsection (e) of this section. Thereafter, the petitioner or public body the Attorney General is otherwise obligated to represent may appeal an adverse decision on the record to the Superior Court within 60 days of the Attorney General’s decision.

(c) In any action brought under this section, the burden of proof shall be on the custodian of records to justify the denial of access to records, and shall be on the public body to justify a decision to meet in executive session or any failure to comply with this chapter.

(d) Remedies permitted by this section include an injunction, a declaratory judgment, writ of mandamus and/or other appropriate relief. The court may award attorney fees and costs to a successful plaintiff of any action brought under this section. The court may award attorney fees and costs to a successful defendant, but only if the court finds that the action was frivolous or was brought solely for the purpose of harassment.

(e) Any citizen may petition the Attorney General to determine whether a violation of this chapter has occurred or is about to occur. The petition shall set forth briefly the nature of the alleged violation. Upon receiving a petition, the Attorney General shall promptly determine whether the petition is against an administrative office or officer, agency, department, board, commission or instrumentality of state government which the Attorney General is obliged to represent pursuant to § 2504 of this title. Every petition against an administrative office or officer, agency, department, board, commission or instrumentality of state government which the Attorney General is obliged to represent pursuant to § 2504 of this title shall be referred to the Chief Deputy Attorney General who shall, within 20 days of receiving the petition, render a written determination to the petitioner and the public body involved declaring whether a violation has occurred or is about to occur. If the Chief Deputy finds that a violation of this chapter has occurred or is about to occur, the Attorney General shall not represent the public body in any appeal filed pursuant to this chapter for such violation if the public body the Attorney General is otherwise obligated to represent fails to comply with the Chief Deputy’s determination. Regardless of the finding of the Chief Deputy, the petitioner or the public body may appeal the matter on the record to Superior Court. In every other case, the Attorney General shall, within 10 days, notify in writing the custodian of records or public body involved. Within 20 days of receiving the petition, the Attorney General shall make a written determination of whether a violation has occurred or is about to occur, and shall provide the citizen and any custodian of records or public body involved with a copy of the determination. If the Attorney General finds that a violation of this chapter has occurred or is about occur, the citizen may: (1) File suit as set forth in this chapter; or (2) request in writing that the Attorney General file suit on the citizen’s behalf. If such request is made, the Attorney General may file suit, and shall within 15 days notify the citizen of the decision to file suit, unless the custodian of records or public body has agreed to comply with this chapter. The citizen shall have the absolute right to file suit regardless of the determination of the Attorney General, and may move to intervene as a party in any suit filed by the Attorney General.

(f) An administrative office or officer, agency, department, board, commission or instrumentality of state government which the Attorney General is obligated to represent pursuant to § 2504 of this title shall not require the approval of the Attorney General pursuant to § 2507 of this title to address claims of violation under this chapter.
29 Del. C. § 6003F — Delaware Code / Title 29 / Chapter 60F / Section 6003F
§ Â
        6003F. Distribution [For application of this section, see 84 Del. Laws, c. 407, Â 2].
Status: in_force

On the request of a next of kin, the following entities shall provide a flag under this section:

(1) The Delaware State Fire Prevention Commission, if the person served as a volunteer or paid member of a fire department in this State.

(2) The Department of Safety and Homeland Security, if the person served as a law-enforcement officer, unless the person served as a correction officer or probation and parole officer.

(3) The Department of Correction, if the person served as a correction officer or a probation and parole officer.

(4) The Delaware National Guard, if the person served as a member of the Delaware National Guard.
29 Del. C. § 314 — Delaware Code / Title 29 / Chapter 3 / Section 314
§ Â
        314. State fossil.
Status: in_force

The official state fossil is the belemnite.
29 Del. C. § 8911 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8911
§ Â
        8911. Budgeting and financing.
Status: in_force

The Commissioner, in cooperation with the bureau chiefs, shall prepare a proposed budget for the operation of the Department to be submitted for a 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. Special funds may be used in accordance with the programs, grants and appropriations.
29 Del. C. § 4328 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4328
§ Â
        4328. Certificate of notarial act.
Status: in_force

(a) A notarial act must be evidenced by a certificate. The certificate must meet all of the following:

(1) Be executed contemporaneously with the performance of the notarial act.

(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State.

(3) Identify the jurisdiction in which the notarial act is performed.

(4) Contain the title of office of the notarial officer.

(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission.

(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate.

(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and any of the following:

(1) Is in a short form set forth in § 4329 of this title.

(2) Is in a form otherwise permitted by the law of this State.

(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.

(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in §§ 4318, 4319, and 4321 of this title or law of this State other than this subchapter.

(d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in §§ 4317, 4318, and 4319 of this title.

(e) A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.

(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the Secretary of State has established standards under § 4338 of this title for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
29 Del. C. § 5283 — Delaware Code / Title 29 / Chapter 52B / Section 5283
§ Â
        5283. Actuarial valuations.
Status: in_force

(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the OPEB Fund as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine:

(1) The State’s annual required contribution for payment of the State’s premiums for post retirement health insurance for employees under Chapters 55 and 56 of this title and Chapter 83 of Title 11;

(2) Any unfunded actuarial accrued liability.

(b) It is not anticipated that distributions will be made from this fund until the State’s annual required contribution, as determined in subsection (a) of this section, has been appropriated in a given fiscal year.
29 Del. C. § 2721 — Delaware Code / Title 29 / Chapter 27 / Section 2721
§ Â
        2721. Delaware Volunteer Fire Service Revolving Loan Fund.
Status: in_force

(a) A special fund appropriation account is hereby created in the Department of Finance, to be known as the Delaware Volunteer Fire Service Revolving Loan Fund, hereinafter referred to as the Fund. Sums appropriated by the General Assembly, received from any county of this State, or donated by any person, corporation, or charitable organization to the Fund shall be used to create a loan program to be administered according to guidelines and procedures developed by the Delaware Council on Volunteer Fire Service to upgrade equipment and improve facilities that are essential to providing adequate fire, rescue, emergency medical, and technical emergency response related service to Delaware communities. Loan funds received from a county must be used on upgrading equipment and facilities located within that county. Loan funds must not be made available for equipment that has already been ordered or the expansion of facilities or parking that has already begun, except where such expansion is deemed necessary to provide adequate fire, rescue and emergency medical and technical emergency response services to the surrounding community by the Delaware Council on Volunteer Fire Service. The Fund shall serve as a revolving loan account and shall be eligible to receive loan repayments. The Fund shall be deemed a special fund and shall be approved by the Governor for the following purposes:

(1) To accept and retain the funds and revenues appropriated by the General Assembly, received from any county of this State, or donated by any person, corporation, or charitable organization.

(2) To make loans to eligible volunteer fire, rescue, and emergency medical service companies meeting the criteria established under this section.

(3) To buy or refinance debt obligations of eligible volunteer fire, rescue, and emergency medical service companies.

(4) To facilitate the pledging by an eligible fire, rescue, and emergency medical service company of its state grant-in-aid and health insurance rebate funds as collateral for securing a loan from the Fund.

(5) To earn interest on amounts on deposit in such Fund.

(6) To establish all necessary interest bearing accounts for deposit of loan repayments.

(7) To finance the reasonable costs incurred by the State in the administration of the Fund.

(b) The Council shall develop a competitive process to approve loan applications for improving fire, rescue, emergency medical and technical emergency response services throughout the State and, in connection therewith, shall develop criteria to assess the relative needs for fire service and loan assistance throughout the State. Such criteria shall include and shall give highest priority to, but shall not be limited to, consideration of the financial need of the fire, rescue, and emergency medical service companies and the surrounding community. In addition, the Council shall consider:

(1) The financial assets of the volunteer fire, rescue, and emergency medical service company making the application, as well as its ability to obtain revenue, income and financial support and loans from outside sources;

(2) The age and existing conditions of the volunteer fire, rescue and emergency medical service company’s apparatus, equipment, or facilities, including, but not limited to, whether such apparatus, equipment and facility are in compliance with National Fire Protection Association standards; and

(3) The demographic, geographic and financial conditions of the community served by the volunteer fire, rescue and emergency medical service company making the application.

(c) The Council shall be required to submit a strategic plan for accomplishing the goals to be met by the Fund and a procedure for the application process by January 31, 2003. Such plan shall contain the guidelines and procedures for the administration of the program and shall be presented to the cochairs of the Joint Legislative Committee on Capital Improvement Programs. No funds shall be loaned from the Delaware Volunteer Fire Service Revolving Loan Fund until the cochairs of the Joint Legislative Committee on Capital Improvement Programs have reviewed and approved the plan.

(d) Upon the request of the Council, subsequent to approval of an application in accordance with this subsection, the State Treasurer is authorized to release funds appropriated to the Volunteer Fire Service Revolving Loan Fund sufficient to make such loans.

(e) The Council shall submit an annual report to the Governor and cochairs of the Joint Legislative Committee on Capital Improvement programs by October 15 of each succeeding year.
29 Del. C. § 316 — Delaware Code / Title 29 / Chapter 3 / Section 316
§ Â
        316. State soil.
Status: in_force

Greenwich loam (a coarse, loamy, mixed, semiactive, mesic, Typic Hapludult) is the official soil of the State.
29 Del. C. § 8060 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8060
§ Â
        8060. Restrictions.
Status: in_force

(a) No county or municipal government, homeowner association, or association formed for the management of commonly-owned elements and facilities or for regulating use of private property shall adopt any covenant, restriction, deed restriction, zoning restriction, or subdivision restriction which prohibits or restricts the owner of a property from using a system for obtaining wind energy for a residential single family dwelling unit. Any such restriction adopted after August 8, 2009, shall be void and unenforceable. Notwithstanding the provisions of any existing county or municipal zoning ordinance or regulation, no prohibition against or restriction on wind energy systems for residential single-family homes that is inconsistent with this section and adopted prior to August 8, 2009, shall be effective and no conditional use or other zoning review process shall be required.

(b) A county or municipal government, homeowner association, or an association formed for the management of commonly-owned elements and facilities or for regulating use of private property may place restrictions on wind energy system installations subject to subsection (a) of this section, provided such restrictions shall not be more restrictive than the following:

(1) Wind turbines shall be setback 1.0 times the turbine height from adjoining property line. Turbine height means the height of the tower plus the length of 1 blade.

(2) The aggregate noise or audible sound of a wind system shall not exceed 5 decibels above the existing average noise level of the surrounding area and shall be restricted to a maximum of 60 decibels measured at any location along the property line to the parcel where the wind system is located.

(3) Wind systems shall be free from signage, advertising, flags, streamers, any decorative items or any item not related to the operation of the wind turbine. Electric wiring for the turbines shall be placed underground for nonbuilding integrated systems.

(4) This section shall not be applicable in any county or municipal designated historic district or historic zoning district.

(5) Any wind energy system shall be buffered from any properties or structures included on the Historic Register.

(c) The provisions of this section shall apply to wind energy systems and wind facilities that qualify for support from the Green Energy Fund, as authorized under § 8057 of this title, or other such similar programs administered by the State Energy Office.
29 Del. C. § 4865 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4865
§ Â
        4865. Required safeguards; minimum standards.
Status: in_force

(a) As a condition of registration, each operator and registrant shall implement commercially reasonable measures to:

(1) Limit each authorized player to 1 active and continuously used account.

(2) Prohibit minors from participating in any contest, which includes:

a. If a registrant becomes or is made aware that a minor has participated in 1 of its contests, such registrant shall promptly, within no more than 2 business days, refund any deposit received from the minor, whether or not the minor has engaged in or attempted to engage in a contest; provided, however, that any refund may be offset by any prizes already awarded;

b. Each registrant shall publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any contest or platform; and

c. Each registrant shall take appropriate steps to confirm that an individual opening an account is not a minor.

(3) When referencing the chances or likelihood of winning in advertisements or upon contest entry, make clear and conspicuous statements that are not inaccurate or misleading concerning the chances of winning and the number of winners.

(4) Enable authorized players to exclude themselves from contests and take reasonable steps to prevent such players from entering a contest from which they have excluded themselves.

(5) Permit any authorized player to permanently close an account registered to such player, on any or all platforms supported by such operator or registrant, at any time and for any reason.

(6) Offer introductory procedures for authorized players that explain contest play and how to identify a highly experienced player.

(7) Identify all highly experienced players in any contest by a symbol attached to such players’ usernames, or by other easily visible means, on all platforms supported by such operator or registrant.

(8) Disclose the number of entries that a single authorized player may submit to each contest.

(9) Disclose the maximum number of total entries allowed for each contest.

(10) Implement measures to protect the privacy and online security of authorized players and their accounts.

(11) Offer all authorized players information regarding the authorized player’s account history and account details;

(12) Ensure authorized players’ funds are protected upon deposit and segregated from the operating funds of such operator or registrant and otherwise protected from corporate insolvency, financial risk, or criminal or civil actions against such operator or registrant.

(13) List on each website, in a prominent place, information concerning assistance for compulsive play, including a toll-free number directing callers to reputable resources containing further information, which shall be free of charge.

(14) Ensure the value of any prizes and awards offered to authorized players shall be established and made known to such players in advance of the contest.

(15) Ensure all winning outcomes reflect the relative knowledge and skill of the authorized players and shall be determined predominantly by accumulated statistical results of the performances of individuals in sports events.

(16) Ensure no winning outcome shall be based on the score, point spread, or performance of a single actual sports team, or any combination of such teams.

(17) Ensure no winning outcome shall be based solely on any single performance of an individual athlete in a single sport or athletic event.

(18) Ensure no game or contest shall be based on a prohibited sports event.

(19) Prevent the sharing of confidential information that could affect interactive fantasy sports contest play with third parties until such information is made publicly available.

(20) Prohibit employees of the registrant and any family members living in the same household as those employees from competing in a public interactive sports contest.

(21) Prohibit individuals who participate or officiate in a sports event that is the subject of a fantasy contest from entering an interactive fantasy sports contest that is determined, in whole or in part, on the accumulated statistical results of the sports event in which the individual is participating or officiating.

(b) Each registrant shall restrict the number of entries submitted to 1 entry by a single authorized player for a contest involving 12 entries or fewer. Each registrant shall restrict the number of entries submitted by a single authorized player to 2 entries for a contest involving 13-36 entries. Each registrant shall restrict the number of entries submitted by a single authorized player to 3 entries for a contest involving 37-100 entries. In any contest involving more than 100 entries, registrants shall restrict the number of entries submitted by a single authorized player to 3% of all entries or 150 entries, whichever is smaller.

(c) For all advertised contests, the registrant shall prominently include information about the maximum number of entries that may be submitted by a single authorized player for that contest.

(d) Registrants may establish contests, representing less than 2% of the total number of contests it offers, in which there is no restriction on the number of entries by a single authorized player, provided that:

(1) The registrant clearly discloses that there are no limits on the number of entries by a single authorized player; and

(2) That the cost of participating in a contest with no restriction on the number of entries by a single authorized player is $50 or more per entry.

(e) Operators shall not directly or indirectly operate, promote or advertise any platform or contest to persons located in this State, unless such operation, promotion or advertising is pursuant to this subchapter.

(f) Registrants shall not offer any contest based on any prohibited sports event.

(g) Registrants shall not permit any minor to enter any contest.

(h) Advertisements for contests and prizes offered by a registrant shall not target minors, or self-excluded persons. Representations or implications about average winnings from contests shall not be unfair or misleading. Such representations shall include, at a minimum:

(1) The median and mean net winnings of all authorized players participating in contests offered by such registrant; and

(2) The percentage of winnings awarded by the registrant to highly experienced players participating in contests offered by such registrant within the preceding calendar year.

(i) Registrants shall prohibit the use of third-party scripts or scripting programs for any contest and ensure that measures are in place to deter, detect and, to the extent reasonably possible, prevent cheating, including collusion, and use of cheating devices, including use of third party software programs that submit entry fees or adjust the athletes selected by an authorized player.

(j) Operators and registrants shall develop and prominently display procedures for the filing of a complaint by the authorized player against such registrant. An initial response shall be given by such registrant to such player filing the complaint within 48 hours. A complete response shall be given by such registrant to such player filing the complaint within 10 business days. An authorized player may file a complaint alleging a violation of the provisions of this subchapter with the Director.

(k) Registrants shall maintain records of all accounts belonging to authorized players and retain such records for 5 years.
29 Del. C. § 10402 — Delaware Code / Title 29 / Chapter 104 / Section 10402
§ Â
        10402. Declaration of policy.
Status: in_force

(a) The General Assembly finds and declares that:

(1) Numerous instances of obtaining compliance with state regulatory and reporting requirements impose inequitable demands on individuals of limited means and on small businesses.

(2) Regulatory efforts to protect the state’s health, safety and economic welfare have imposed burdensome legal, accounting and consulting costs upon individuals, organizations and businesses of limited resources and are adversely affecting competition in that sphere of the marketplace.

(3) The scope and volume of regulations already in effect have created high entry barriers in many small industries and has discouraged potential entrepreneurs from introducing beneficial products and processes.

(4) The practice of treating all regulated individuals, organizations and businesses in uniform manner for purposes of regulatory and reporting requirements has led to inefficient use of regulatory agency resources, enormous enforcement problems and, in some cases, action inconsistent with the legislative intent of health, safety and economic welfare legislation.

(5) Government information collection has not adequately weighed the privacy rights of individuals and organizations against the government’s need for information because the design of the regulatory process has encouraged regulators to treat information as a free good.

(6) The deep public dissatisfaction with the regulatory process has stemmed in large part from a public perception of burdensome regulations failing to correct key state problems.

(b) It is the purpose of this chapter to establish as a principle of regulatory policy that regulatory and reporting requirements fit the scale of those being regulated, that fewer, simpler requirements be made of individuals and small businesses and that to achieve these ends agencies be empowered and encouraged to issue regulations which apply differently to individuals and small businesses than to larger entities.
29 Del. C. § 10219 — Delaware Code / Title 29 / Chapter 102 / Section 10219
§ Â
        10219. Monitoring recommendations.
Status: in_force

During each legislative session, committee staff shall do all of the following:

(1) Monitor legislation affecting the entity for at least 2 years after an entity’s full review or focused review concludes.

(2) Periodically report to the Committee a proposed or actual legislative, policy, or regulation change, if any, relating to an entity previously under full review or focused review, if the change may result in the Committee modifying a recommendation made during the review.
29 Del. C. § 8747A — Delaware Code / Title 29 / Chapter 87A / Subchapter V / Section 8747A
§ Â
        8747A. Creation of the Fund.
Status: in_force

(a) A special fund to be known as the “Small Business Revolving Loan and Credit Enhancement Fund,” hereinafter referred to as the “Fund” shall be created and administered by The Delaware Economic Development Authority, hereinafter referred to as the “Authority.”

(b) The Fund shall be invested by the State Treasurer in securities consistent with the policies established by the Cash Management Policy Board. All interest on the Fund’s moneys and any repayment of loans shall be deposited in the Fund.

(c) Loans made by the Authority to small businesses under the Fund shall be loaned at a below-market rate.
29 Del. C. § 5211 — Delaware Code / Title 29 / Chapter 52 / Section 5211
§ Â
        5211. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome.
Status: in_force

The plan shall provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, including the use of intravenous immunoglobulin therapy.
29 Del. C. § 6060 — Delaware Code / Title 29 / Chapter 60A / Section 6060
§ Â
        6060. Employer Match Plan.
Status: in_force

The Board is hereby authorized and directed to establish a plan pursuant to § 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. § 401(a)), as amended.
29 Del. C. § 6991 — Delaware Code / Title 29 / Chapter 69 / Subchapter VII / Section 6991
§ Â
        6991. Authorization of pay for success contracts.
Status: in_force

(a) (1) An agency may enter into a pay for success contract if the agency head determines with reasonable certainty that the contract will produce a quantifiable public benefit or financial savings to the State by doing any of the following:

a. Reducing or avoiding costs.

b. Increasing economic productivity.

c. Improving client outcomes.

d. Creating high wage jobs.

(2) A pay for success contract may be used for a service, program, or economic development initiative that produces a public benefit or financial savings under paragraph (a)(1) of this section and includes any of the following:

a. Economic development.

b. Public education, including early childhood education.

c. Workforce preparedness and employment, including school to work programs.

d. Public safety, including programs that reduce recidivism and address juvenile justice.

e. Health and human services, including programs for drug and alcohol addiction, mental health, chronic homelessness, supportive housing, and child welfare services.

(3) A pay for success contract for education must comply with the specific procedures for pay for success contracts for public education. The procedures for pay for success contracts for public education must be consistent with the recommendations from a working group.

(b) A pay for success contract may be made between either of the following:

(1) An agency and a program intermediary.

(2) An agency and an investor.

(c) The agency head shall design a pay for success contract in collaboration with other relevant agencies and the program intermediary or investor.

(d) The Director must approve the terms and conditions of a pay for success contract before an agency head may enter into a contract under subsection (a) of this section.

(e) An agency must comply with the requirements of this chapter when selecting a program intermediary, investor, or any necessary consulting assistance.

(f) Each pay for success contract must include all of the following:

(1) A full and thorough description of the objectives to be addressed by the pay for success contract and an analysis of how the defined performance measures will demonstrate progress in addressing the objectives, and how achieving the objectives should provide a significant public benefit, lead to a long-term reduction in state expenditures, or enhance job growth.

(2) A requirement that the agency will hold the funds for the pay for success contract in a reserve account that is specifically for the pay for success contract.

(3) A requirement that a substantial portion of the outcome payment is conditioned on achieving specific outcomes based on the defined performance measures that lead to fiscal, economic, or social value for the State.

(4) A requirement that the program intermediary or investor provide evidence that the program intermediary or investor has secured all of the necessary financing before service delivery begins.

(5) A description of the data each agency involved in developing the pay for success contract will provide to the program intermediary or investor. The data will be provided by the agency only to the extent permissible by law.

(6) The objective process that an independent evaluator, chosen by the agency head, will use to monitor program progress and determine if a performance measure is achieved.

(7) The reporting requirements the program intermediary or investor must provide to the agency regarding the program intermediary’s or investor’s progress in meeting the objectives.

(8) The method that will be used to calculate the amount and timing of outcome payments to the program intermediary or investor during each year of the pay for success contract if the independent evaluator determines that the program intermediary or investor achieves a performance measure.

(9) The terms under which a pay for success contract may be terminated.
29 Del. C. § 558 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 558
§ Â
        558. Erection and maintenance of historic markers; employment of expert assistance; unauthorized possession or transportation; duplication.
Status: in_force

(a) The Department of State shall:

(1) Determine and select such points of historic interest throughout this State as the Department thinks should be marked with a suitable monument, tablet or marker;

(2) Design, purchase and erect monuments, tablets or markers which the Department may decide to be appropriate at such points, indicating thereon the events commemorated and having such other suitable inscription as may seem necessary; and

(3) Keep in good repair all monuments, tablets and markers erected by the Historic Markers Commission and also all monuments, tablets and markers erected by the Department of State.

(b) The Department may employ such expert assistance to aid in its historical researches as it may deem necessary to effectively carry out the purposes of this section.

(c) All historical markers which are erected by the Department of State shall be the property of the State. No person, entity or business shall possess, transport, alter or remove said marker without written authority of an appropriate official of the Department of State. Further, no person, entity or business shall receive, retain, alter or dispose of state historical markers absent written authorization of an appropriate official of the Department of State. Unauthorized recipients of these markers may be prosecuted criminally for receiving stolen property.

(d) The Department of State may establish rules or regulations regarding all aspects of state historical markers. Other persons, entities or businesses shall not duplicate state historical markers, or create, obtain or install similar markers with an intent to mislead or deceive the public.
29 Del. C. § 5824 — Delaware Code / Title 29 / Chapter 58 / Subchapter III / Section 5824
§ Â
        5824. Disclosure of dual employment; audit [Effective May 22, 2026].
Status: in_force

(a) An elected or appointed official who is also an employee shall disclose the dual employment to the Commission within 15 days after the commencement of the dual employment.

(b) The disclosure under subsection (a) of this section must be made in a format prescribed by the Commission and must include information prescribed by the Commission to determine that sufficient measures or circumstances are in place to avoid dual compensation.

(c) After the disclosure under subsection (a) of this section, an elected or appointed official only has a duty to report to the Commission within 15 days after 1 of the following occurs:

(1) The elected or appointed official’s dual employment ends.

(2) The elected or appointed official begins employment with a different state agency or political subdivision of this State.

(d) If the Commission believes an elected or appointed official is receiving dual compensation, the Commission may request an audit by the State Auditor.

(e) If an employee is found to have received dual compensation in violation of this subchapter, the violation must be reported to the employer for corrective action under the employer’s applicable governing policies or law.

(f) Nothing in this section relieves an elected or appointed official of the elected or appointed official’s duty to file an annual financial disclosure statement with the Commission under § 5813 of this title.
29 Del. C. § 5527 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5527
§ Â
        5527. Amount of ordinary service or disability pension [For application of this section, see 79 Del. Laws, c. 315, Ââ10].
Status: in_force

(a) (1) The amount of the monthly service or disability pension payable to an employee or former employee shall be the sum of 2.0% of the employee’s final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in the employee’s period of credited service prior to January 1, 1997, plus 1.85% of the employee’s final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in the employee’s period of credited service after December 31, 1996. If the employee is a 911 operator, then the amount of pension would also include 2.45% of the employee’s final average compensation multiplied by years of service above 25 years. The amount payable to a participant who does not make the additional contribution provided in § 5501(j) of this title for years of credited service before 1977 shall be the sum of 2.0% of the employee’s final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in the employee’s period of credited service between January 1, 1977, and December 31, 1996, plus 2.0% of the employee’s final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in the employee’s period of credited service prior to January 1, 1977, provided that the maximum amount based on the service before 1977 is $1,000, plus 1.85% of the employee’s final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in the employee’s period of credited service after December 31, 1996.

(2) If the employee is a correction officer or a specified peace officer then the amount of pension shall also include the following:

a. For years of service before December 31, 2021, 2.45% of the employee’s final average compensation multiplied by years of service above 25 years.

b. For years of service on or after January 1, 2022, 2.5% of the employee’s final average compensation multiplied by the number of years of service for up to 20 years, plus 3.5% of the employee’s final average compensation multiplied by the number of years of service above 20 years.

(b) In the case of an employee or former employee whose credited service under § 5501(e)(1), (2) and (3) of this title includes service before June 1970, the minimum amount payable shall be:

(1) If the employee or former employee has 15 years of such credited service, the lesser of $150 or the employee or former employee final average compensation; or

(2) If the employee or former employee does not have 15 years of such credited service, the minimum amount payable under subsection (c) of this section, subject to the limitation specified in subsection (c) of this section.

(c) In the case of an employee or former employee whose credited service under § 5501(e)(1), (2) and (3) of this title does not include service before June 1970, but does include service prior to July 1, 1976, the minimum amount payable shall be $5.00 multiplied by the number of years, taken to the nearest twelfth of a year, in the employee’s or former employee’s period of credited service, but not more than 30 such years.

(d) (1) Notwithstanding provisions of this chapter to the contrary, an elected official shall receive a pension computed in accordance with this subsection. The service or disability pension payable to the elected official and the survivor’s pension payable to the eligible survivor of such individuals shall be computed on the basis of compensation to the elected official as an elected official irrespective of other credited service, with contribution to be determined based upon compensation as an elected official. The minimum amount of pension payable to an individual elected to be a member of the General Assembly before February 28, 2025, shall be computed by multiplying the elected official’s years of service as an elected member of the General Assembly times the highest rate of payment being paid to any retired member of the General Assembly, such rate to be computed by dividing the monthly pension being paid to such retired member by the elected official’s years of service as an elected member of the General Assembly. The pension payable to an individual elected to be a member of the General Assembly on or after February 28, 2025, shall be computed under paragraph (a)(1) of this section. An elected official elected prior to January 1, 2012, shall be eligible to receive a pension beginning with the first month after the attainment of age 60, provided that the elected official shall have served at least 5 years at the time of the elected official’s termination of service as an elected official, or beginning with the first month after attainment of age 55, provided that the elected official shall have served at least 10 years at the time of the elected official’s termination of service as an elected official. An elected official elected on or after January 1, 2012, shall be eligible to receive a pension beginning with the first month after the attainment of age 60, provided that the elected official shall have served at least 20 years at the time of the elected official’s termination of service as an elected official, or beginning with the first month after attainment of age 65, provided that the elected official shall have served at least 10 years at the time of the elected official’s termination of service as an elected official. For the purposes of this section, a member of the General Assembly who is elected on election day in November and serves through the next election day in November will receive full-service credit for that term. Any pension for credited service other than as an elected official shall be determined under the remainder of this chapter as a separate pension.

(2) a. The minimum amount of pension payable to a statewide elected official shall be computed by multiplying the elected official’s years of service as an elected official times the highest rate of payment being paid to any retired member of the General Assembly. The employee must elect to receive the minimum pension provided for in this subsection prior to the issuance of the elected official’s first benefit check. This election must be made in a form approved by the Board and shall be irrevocable.

b. A statewide elected official receiving a service or disability pension which was effective prior to July 1, 1996, may elect to receive the minimum provisions of subsection (a) of this section. This election must be made in a form approved by the Board, filed prior to July 31, 1996, to be effective August 1, 1995, for statewide elected officials receiving a service or disability pension on July 1, 1996.

(e) Any section of this chapter to the contrary notwithstanding, the amount of the monthly service or disability pension payable to any regular part-time employee who is not employed on a full-time or annual basis, as the term full-time or annual basis is defined in rules and regulations adopted by the Board, shall be determined in accordance with subsection (a) of this section, provided that no minimum amount shall be payable to any such regular part-time employee. However, for any public school cafeteria employee who entered state service on or before July 1, 1971, and who accrues 15 years of credited service as an employee under § 5501(e)(1) of this title by the date of the employee’s retirement eligibility, shall receive, beginning at age 62, a minimum amount which, when combined with the social security benefit, shall not be less than $ 200 per month.

(f) Notwithstanding provisions of this chapter to the contrary, the minimum amount of monthly service, including vested, or disability pension payable to any full-time or regular part-time employee shall be $1.00 multiplied by each year of service taken to the nearest 1/12 of a year. In the case of a regular part-time cafeteria worker also eligible for a minimum pension under subsection (e) of this section, the minimum shall be the greater of subsection (e) or this subsection. The minimums specified in this subsection shall not apply to members of boards or commissions.

(g) (1) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have the employee’s service or disability pension computed under this chapter reduced by 2% thereby providing a survivor’s pension equal to 2/3 of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.

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

(3) Notwithstanding the provisions of this section to the contrary, an individual receiving a service or disability pension which was effective prior to July 1, 1989, or an individual with a vested right to a service pension may elect to have the employee’s service or disability pension reduced by 3%, thereby providing a survivor’s pension equal to 75% of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to December 15, 1989, to be effective January 1, 1990, for individuals receiving a service or disability pension on July 1, 1989, or, in the case of an individual with a vested right to a service pension, filed prior to the issuance of the employee’s first pension check.

(4) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have the employee’s service or disability pension computed under this chapter reduced by 6% thereby providing a survivor’s pension equal to 100% of such reduced amount to the employee’s eligible survivor or survivors at the time of the employee’s death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee’s first benefit check and shall be irrevocable.
29 Del. C. § 5946 — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5946
§ Â
        5946. Prohibited acts.
Status: in_force

(a) No person shall make any false statement, certificate, mark, rating or report with regard to any hearing, test, certification or appointment made under any provision of this chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter and the rules thereunder.

(b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service.

(c) No employee of the Board, examiner or other person shall defeat, deceive or obstruct any person in the right to examination, eligibility, certification or appointment under this chapter or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
29 Del. C. § 5293 — Delaware Code / Title 29 / Chapter 52C / Section 5293
§ Â
        5293. Supplemental insurance program and design.
Status: in_force

(a) The type of offered insurance shall be supplemental individual health insurance that is guaranteed renewable. This elective supplemental insurance program will entitle participating employees to receive income indemnity. Accident, cancer, and critical care and recovery, are to be required benefits of the offered supplemental policies. The Committee will determine whether premiums are to be deducted pretax or after-tax. The group monthly electronic invoice file with payment deduction details, associated reconciliation of premiums paid, and claims administration and payment due will be administered by the carrier and at their expense. The open enrollment for supplemental benefits policies will coincide with the open enrollment for state employee benefits beginning in 2015.

(b) The Committee shall annually review the supplemental individual health insurance program participation. Should the Committee determine that the volume of employee participation demonstrates a lack of interest or desire in accessing this program, the Committee may on or after July 1, 2020, in its discretion vote to restructure, modify, or terminate the program.
29 Del. C. § 9403 — Delaware Code / Title 29 / Chapter 94 / Section 9403
§ Â
        9403. Prerequisites to disposition.
Status: in_force

No real property shall be sold, leased, transferred or otherwise conveyed until a review of the proposed conveyance is completed in accordance with this chapter and the property is deemed to be surplus real property.

For purposes of this chapter the granting of an easement shall not be considered a conveyance of real property. The determination to grant an easement shall be at the discretion of the Director of the Office of Management and Budget.
29 Del. C. § 7924 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7924
§ Â
        7924. Appeals.
Status: in_force

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 5955 — Delaware Code / Title 29 / Chapter 59 / Subchapter V / Section 5955
§ Â
        5955. Federal Fair Labor Standards Act; application to state personnel practices and merit system rules.
Status: in_force

Notwithstanding any other provision of state law, the federal Fair Labor Standards Act, Chapter 8 of Title 29 of the United States Code, shall supersede state law relating to state personnel practices and shall supersede the rules adopted by the Merit Employee Relations Board pursuant to this chapter, but only to the extent such state law or merit rules are in conflict with the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]. This supersession of state law and the merit system rules shall continue in effect only so long as, and only to the extent that, the provisions of the federal Fair Labor Standards Act [29 U.S.C. 201 et seq.], by their own terms or by judicial interpretation, are deemed to apply to state government personnel practices. To the extent necessary for state compliance with the Fair Labor Standards Act, the Secretary shall have the authority to implement this section, including, but not limited to, the authority to determine where conflicts exist between state law or merit rules and the federal act, and to resolve such conflicts by appropriate rulings and regulations.
29 Del. C. § 8727A — Delaware Code / Title 29 / Chapter 87A / Subchapter II / Section 8727A
§ Â
        8727A. Findings and purpose; creation of the Fund.
Status: in_force

(a) The General Assembly finds that Delaware’s development finance programs are necessary to compete for new and existing businesses. Furthermore, the General Assembly finds the number and limited previous funding of finance programs of the Delaware Economic Development Office do not maximize efficiency of administration by the State or the business community. It is the intent of the General Assembly to solve this problem by consolidating the existing development finance programs of the Delaware Economic Development Office into a Delaware Strategic Fund.

(b) A special fund to be known as the “Delaware Strategic Fund” (“Fund”) shall be created.

(1) The Fund shall initially consist of $2,250,000 as authorized in 69 Del. Laws, c. 77 to the Delaware Economic Development Office on behalf of the Delaware Economic Development Authority (“Authority”) and funds subsequently appropriated to the Authority or the Division. Funds appropriated pursuant to this or subsequent acts are to be used for Fund activities as defined in the following paragraphs. The Fund shall also consist of present balances and future payments of moneys transferred from discontinued programs.

(2) The Fund shall be invested by the State Treasurer in securities consistent with the policies established by the Cash Management Policy Board. All moneys generated by the Fund shall be deposited in the Fund.
29 Del. C. § 9002C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9002C
§ Â
        9002C. Establishment of the Department of Technology and Information.
Status: in_force

A Department of Technology and Information is established within the Executive Department, and shall have the powers, duties and functions vested in the Department by this chapter.
29 Del. C. § 1708 — Delaware Code / Title 29 / Chapter 17 / Section 1708
§ Â
        1708. Oath of emergency interim successors.
Status: in_force

At the time of an individual’s designation as a member’s emergency interim successor, the individual shall take the oath required for the member to whose powers and duties the successor is designated to succeed. No other oath is required.
29 Del. C. § 7934 — Delaware Code / Title 29 / Chapter 79 / Subchapter II / Section 7934
§ Â
        7934. Powers and duties of the Secretary.
Status: in_force

The Secretary shall:

(1) With the advice of the Committee, develop standards for determining eligibility for care and treatment under this program;

(2) Assist in the development and expansion of programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis and other medical procedures and techniques, which will have a lifesaving effect in the care and treatment of persons suffering from these diseases;

(3) Assist in the development of programs for the prevention of chronic renal diseases;

(4) Extend financial assistance to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical and technical services necessary in caring for such diseases, including the renting or purchase of home dialysis equipment;

(5) Assist in equipping dialysis centers;

(6) Institute and carry on an educational program among physicians, hospitals, public health departments and the public concerning chronic renal diseases, including the dissemination of information and the conducting of educational programs concerning the prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases.
29 Del. C. § 4706 — Delaware Code / Title 29 / Chapter 47 / Section 4706
§ Â
        4706. Investigation of deaths [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

(a) When an individual dies in this State, as a result of violence, by suicide or by casualty if such occurred not longer than 1 year and 1 day prior to death, while under anesthesia, by abortion or suspected abortion, by poison or suspicion of poison, by overdose death as defined at § 4799A of Title 16 or suddenly when in apparent health or when unattended by a physician or in any prison or penal institution or when in police custody or from a disease resulting from employment including disease related to injury or from an undiagnosed cause which may be related to a disease constituting a threat to public health or in any suspicious or unusual manner or if there is any unclaimed body or a body is to be cremated or subjected to natural organic reduction, it is the duty of the person having knowledge of the death or of the person issuing a permit for cremation or natural organic reduction under § 3159 of Title 16 immediately to notify the Chief Medical Examiner, an Assistant Medical Examiner, or a Deputy Medical Examiner, as the case may be, who in turn shall notify the Attorney General of the known facts concerning the time, place, manner, and circumstances of the death. A person who wilfully neglects or refuses to report the death or who refuses to make available prior medical or other information pertinent to the death investigation or who, without an order from the Division of Forensic Science, wilfully touches, removes, or disturbs the clothing or any article on or near the body shall on conviction be subject to imprisonment for not more than 1 year or pay a fine of not more than $1,000, or both.

(b) Immediately upon receipt of such notification, the Medical Examiner shall take charge of the dead body if either the Medical Examiner or the Attorney General shall deem it necessary. The Division of Forensic Science shall promptly notify a relative or close acquaintance of the deceased, if known, of such action.

(c) The Medical Examiner shall fully investigate the essential facts concerning the medical causes of death and may take the names and addresses of as many witnesses as may be practicable to obtain and shall reduce such facts as the Medical Examiner may deem necessary to writing and file the same in the Division of Forensic Science. The essential facts concerning the medical causes of death of any person who has died from an overdose death as defined at § 4799A of Title 16 shall be communicated to the Delaware Department of Justice.

(d) The Medical Examiner or a duly authorized investigator, in the absence of the next of kin, shall take possession of the personal property found on the deceased and make an exact inventory thereof on the Medical Examiner’s report. If necessary an attending police officer may take temporary possession of such property in behalf of the Medical Examiner or an authorized investigator.

(e) The Medical Examiner shall take possession of any object or articles which, in the Medical Examiner’s opinion, may be useful in establishing the identity of the deceased person or the cause of death and deliver them to the Attorney General. The balance of the personal property of the deceased remaining in the possession of the Medical Examiner shall be released to the next of kin of the deceased or the personal representative of the deceased.
29 Del. C. § 4505 — Delaware Code / Title 29 / Chapter 45 / Section 4505
§ Â
        4505. Committees; creation and purpose.
Status: in_force

The Commission may create a committee, which may include nonmembers, to do any of the following:

(1) Engage with other organizations and individuals in the State that share a similar mission.

(2) Exchange ideas and information with other organizations and individuals in the State that share a similar mission.

(3) Provide other organizations and individuals in the State that share a similar mission the opportunity to help the Commission.
29 Del. C. § 10118 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10118
§ Â
        10118. Agency findings; form of regulations.
Status: repealed

(a) The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. The opportunity for public written comment shall be extended for a minimum of 15 days after the final public hearing when 1 or more public hearings are held on the proposal.

(b) At the conclusion of all hearings and after receipt within the time allowed of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include:

(1) A brief summary of the evidence and information submitted;

(2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended;

(3) A brief narrative assessment of the impact, if any, of the regulation on the achievement of the State’s greenhouse gas emissions reduction targets, as specified in § 10003 of Title 7, and the impact of the regulation on the State’s resiliency to climate change, or a statement that any such impact will be de minimis or that such assessment is not practical for the regulation. If prepared, the narrative assessment should include a brief description of the agency’s efforts to consider climate change, resiliency, and the State’s greenhouse gas emissions reduction targets in developing the regulation.

(4) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received;

(5) The exact text and citation of such regulation adopted, amended or repealed;

(6) The effective date of the order;

(7) Any other findings or conclusions required by the law under which the agency has authority to act; and

(8) The signatures of at least a quorum of the agency members.

(c) In the event an agency makes substantive changes in the proposal as a result of the public comments, evidence and information, the agency shall consider the revised proposal as a new proposal subject to the notice requirements of § 10115 of this title and all other requirements of this subchapter. If the changes are not substantive, the agency shall not be required to repropose the regulation change. Whether a change constitutes substantive or nonsubstantive matter shall be determined by the agency head.

(d) In the event the proposing agency seeks to withdraw its proposal, the proposing agency shall notify the Registrar, in writing, that the proposal is being withdrawn and the Registrar shall publish the withdrawal information in the next issue of the Register of Regulations.

(e) The agency shall file such order with the Registrar of Regulations which shall become the official regulation as defined in § 1132 of this title.

(f) No agency shall adopt a regulation if more than 12 months have elapsed since the end of the public comment period or the last public hearing, whichever is later, on the proposed regulation.

(g) The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form, in full or as a summary, in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under § 10119 of this title.
29 Del. C. § 8772A — Delaware Code / Title 29 / Chapter 87A / Subchapter VIII / Section 8772A
§ Â
        8772A. Powers and duties.
Status: in_force

(a) The Director shall carry out the provisions of this subchapter and adopt rules, regulations and guidelines as necessary to implement and administer the program and may enter into contracts with eligible applicants for the purpose of funding approved programs.

(b) In order to assure timely coordination and cooperation between the State, local training providers, employee organizations, employers and industry representatives, the Director shall appoint staff, employ consultants and incur such other administrative expenses as are necessary to carry out the provisions of this subchapter.

(c) The Director may contract with eligible applicants for amounts not in excess of $100,000 per contract; provided, however, that such contracts shall be used exclusively for programs which are consistent with this subchapter and, provided further, that the contract is made only after:

(1) Receipt of an application from the eligible applicant which contains a proposal for a program of skills training and education, including a description of the program, the type of skills training or education to be provided, a statement of the total cost of the program and a breakdown of the costs associated with equipment, personnel, facilities and materials, a statement from a designated business or industry of the employment need for the program and evidence in support thereof, a statement of the technical assistance and financial support for the program received or to be received from business and industry, assurance that at least 25 percent of the trainees are Delaware residents and such other information as the Director shall request;

(2) The commitment of financial support from business or industry shall be equal to the amount of the requested contract, except that the Director may waive the requirement for such matching financial support upon finding that the program funded by the contract will materially increase the employment opportunities for targeted individuals and that the businesses or industries participating in the program have agreed to contribute personnel, facilities, equipment, supplies, stipends or other items of value to the program in an amount approved by the Director; and

(3) Binding commitment shall be made to the Director by the applicant for adequate reporting of information and data regarding the program, particularly information concerning the recruitment and employment of trainees and students, and including a requirement for a periodic audit of the books of the applicant directly related to the program, and such control on the part of the Director as the Director shall consider prudent over the management of the program, so as to protect the use of public funds including, at the discretion of the Director and without limitation, right of access to financial and other records of the applicant directly related to the program.