29 Del. C. § 7971 — Delaware Code / Title 29 / Chapter 79 / Subchapter VI / Section 7971
§ Â
        7971. Division of Health Care Quality.
Status: in_force

(a) There is hereby established the Division of Health Care Quality within the Department of Health and Social Services.

(b) Definitions. —

(1) “Adult Abuse Registry” means a central registry of information established by § 8564 of Title 11 that relates to substantiated cases of adult abuse, neglect, mistreatment, or financial exploitation. Long-term care facility, home-care agency, adult day care facility, and prescribed pediatric extended care center employers must check the Adult Abuse Registry before hiring employees who would have direct access to residents and patients.

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

(3) “Director” means the Director of the Division of Health Care Quality of the Department of Health and Social Services.

(4) “Division” means the Division of Health Care Quality of the Department of Health and Social Services.

(5) “Long-term, acute, or outpatient health-care services” means those services as defined in § 122(3)m., § 122(3)o., § 122(3)p., § 122(3)q., § 122(3)s., § 122(3)x., § 122(3)y., § 122(3)z., § 122(3)aa. of Title 16; Chapter 10 of Title 16; or Chapter 11 of Title 16.

(c) The purpose of the Division of Health Care Quality is to promote the quality of life of individuals receiving long-term, acute, and outpatient health-care services and to ensure that they are safe and secure, receive quality care, and are free from abuse, neglect, mistreatment, and financial exploitation.

(d) The Division has all of the following duties and functions:

(1) Establish and implement policies and procedures, promulgate regulations, enforce state statutes and regulations regarding the quality of care and quality of life of individuals receiving long-term, acute, and outpatient health-care services and refer federal violations to the appropriate authorities with recommendations for enforcement.

(2) License facilities and services on an annual basis and conduct a variety of surveys and inspections including regular, complaint, and unannounced or unexpected surveys and inspections to determine compliance with federal and state statutes and regulations.

(3) Receive and investigate complaints of abuse, neglect, mistreatment, financial exploitation, and other concerns which may adversely affect the health, safety, welfare, or rights of such individuals including alleged violations of federal and state statutes and regulations and in connection with such duties and functions has the authority to obtain all of the following:

a. An individual’s hospital records in cases where the Division is engaged in an investigation or survey involving the care or treatment of the individual at a facility or agency licensed by the Division, and the individual has been admitted to a hospital from the facility or agency or discharged from a hospital to the facility or agency.

b. An individual’s emergency medical system and paramedic records in cases where the Division is engaged in an investigation or survey involving the care or treatment of the individual at a facility or agency licensed by the Division, and the individual has been transported to a hospital from a facility or agency or from a hospital to a facility or agency.

(4) Provide for systematic and timely notification, coordinated investigation, and referral of abuse, neglect, mistreatment, and financial exploitation complaints to the appropriate law-enforcement agencies and the Attorney General’s office.

(5) Protect the privacy of the individual receiving long-term, acute, or outpatient health-care services and that individual’s family.

a. The Division shall establish guidelines regarding the disclosure of information concerning abuse, neglect, mistreatment, and financial exploitation involving long-term, acute and outpatient health-care services.

b. The Division may require persons to make written requests for access to records maintained by the Division.

c. The Division may only release information to persons who have a legitimate public safety need for such information and such information shall be used only for the purpose for which the information is released.

(6) Maintain the Adult Abuse Registry as established by § 8564 of Title 11.

(7) In conjunction with the Attorney General’s Office, develop and conduct training for Department staff and providers of long-term, acute, or outpatient health-care services on applicable statutes and regulations, as well as provide other educational workshops, including accident prevention and health promotion training, and other technical assistance as needed.

(8) Promote and advocate for consumer, resident, and patient rights.

(9) Meet regularly with individuals receiving long term care services and their families.

(10) Publish a report, as determined by the Division, to the Governor, Secretary, and General Assembly on the Division’s activities, including comprehensive data analysis and monitoring of trends in the quality of care and quality of life of individuals receiving long-term care services in Delaware.

(11) Conduct quality assurance demonstration projects.

(12) Provide updated consumer information materials on an ongoing and as needed basis.

(13) Establish, maintain, and publicize a 24-hour state-wide toll free telephone hotline operating at all times and capable of receiving reports of abuse, neglect, mistreatment, and financial exploitation.

(14) Regulate the certification of nursing assistants, by doing all of the following:

a. Certifying nursing assistants pursuant to Chapter 30A of Title 16 and certifying nursing assistants from out of state who meet Delaware requirements.

b. Suspending or revoking the certificate of a certified nursing assistant for cause. Cause to suspend or revoke a certificate includes the following:

1. Placement of a finding of abuse, neglect, mistreatment, and financial exploitation against a certified nurse assistant on the Delaware Certified Nurse Assistant Registry.

2. The suspension or revocation of the certified nursing assistant’s certificate by another state.

3. Circumstances where the certificate was obtained using false information.

4. Failure to complete bi-annual educational requirements.

(15) Regulate nurse assistant training by doing the following:

a. Approve curricula and develop criteria and standards for evaluating such training programs.

b. Provide for surveys of such programs at such times as it may deem necessary.

c. Ensure that such programs meet the requirements of Chapter 30A of Title 16 and 42 C.F.R., Ch. IV, Subchapter G, Part 483.

d. Deny or withdraw approval from training programs for failure to meet approved curricula or other criteria.

e. Establish requirements for mandatory continuing education.

f. Provide public access through an online source to the pass rates of all approved training programs.

(16) The Division may impose civil penalties against any nurse assistant training program, whether approved or not, for violations of the provisions of this subchapter or of Chapter 30A of Title 16, or the regulations adopted under this subchapter or Chapter 30A of Title 16. The maximum civil penalty is $5,000 per violation.

a. In determining the amount of the penalty to be assessed, the Division shall consider all of the following:

1. The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation.

2. The history of violations committed by the person or the person’s affiliate, employee, or controlling person.

3. The efforts made to correct the violation.

4. The culpability of the person or persons who committed the violation.

5. Whether a misrepresentation was made to the Division or to another person regarding any of the following:

A. The quality of services provided.

B. The academic performance of the program.

C. The identity of an owner or controlling person of the program.

6. Whether the program refused to allow a representative of the Division to inspect without notice at any time any of the following:

A. Any portion of the premises of the program.

B. Any documents, records, or files required to be maintained by the program.

7. Whether the program wilfully interfered with the work of a representative of the Division or with the enforcement of any statute or regulations.

8. Any other matter that affects the operating requirements of the program, or the educational experience of its students.

b. Each day of a continuing violation constitutes a separate violation.

c. All civil penalties collected under this subchapter must be remitted to the State Civil Penalty Trust Fund.

d. The Division may add the amount of the civil penalty to the licensing fee for the program. If the licensee refuses to make the payment at the time of the application for renewal of its license, the Division may not renew the license.

e. The Division may also proceed for the collection of the civil money penalty in an action brought in the name of the Department in any court of competent jurisdiction.

f. Any entity upon which a penalty is imposed may request an administrative hearing under Department regulations before such penalty becomes final.

1. The hearing officer for the administrative hearing may compel the attendance of witnesses and the production of evidence.

2. The finding by the hearing officer constitutes the final decision of the Department and is appealable, on the record, by either party to Superior Court.

(17) Develop a format, known as the Interagency Transfer Form, for exchange of information between health-care agencies and facilities regarding consumer, resident, or patient health conditions and care needs to ensure ongoing quality of care and consumer, resident, or patient centered care for the consumer, resident, or patient in any care setting.

(18) The Director, or the Director’s designee, may issue subpoenas for named respondents or witnesses or documents, financial records, physical evidence, or any other source of evidence needed during the course of an investigation of a complaint or for a public hearing on a complaint. If a person subpoenaed fails to comply, the Division may compel compliance with the subpoena by filing a motion to compel in the Superior Court, which has jurisdiction to compel compliance.

(19) Regulate, oversee, and monitor “temporary staffing agencies,” as defined under § 1102 of Title 16.
29 Del. C. § 4504 — Delaware Code / Title 29 / Chapter 45 / Section 4504
§ Â
        4504. Authority.
Status: in_force

The Commission is under the authority of the Secretary of State and has the powers, duties, and functions described in § 4501 of this title and other duties and functions that may be referred to the Commission by the Governor, the Secretary of State, or the General Assembly.
29 Del. C. § 5594 — Delaware Code / Title 29 / Chapter 55A / Subchapter III / Section 5594
§ Â
        5594. Employer pickup of member contributions.
Status: in_force

(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members under § 5591 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member’s compensation.

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

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

(d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
29 Del. C. § 6962 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6962
§ Â
        6962. Large public works contract procedures [For application of this section, see 82 Del. Laws, c. 36, Â 3].
Status: repealed

(a) Applicability. — Any state contract for which an agency is a party and for which the probable cost is greater than the amount set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title for small public works contracts shall be subject to the provisions of this section.

(b) Advertising requirements. —

Each agency shall publicly announce, for 2 consecutive weeks, each public works contract unless a shorter advertisement period has been approved by the Section Director. Public advertising shall require electronic publication accessible to the public in a manner prescribed pursuant to § 6902(12) of this title for 2 consecutive weeks unless a shorter advertisement period has been approved by the Section Director. An agency may also maintain a register of prospective bidders which may be used to provide direct notification of contracts to be bid. This register shall not be used in a manner which will limit the competitiveness of the bidding process described in this subchapter. No agency shall be subject to a cause of action or be otherwise liable for any errors or omissions in administering a bid registry. The public announcement shall also state the nature of the contract under the following conditions:

(1) If the agency requires all bidders to be registered or prequalified in order to receive bidding documents for the proposed contract, the announcement shall state in general terms the character and location of the work and bid and performance bond requirements. If the agency requires prequalification of subcontractors in its invitation to bid, no contractor shall list a subcontractor in its subcontractor listing who has not already been prequalified by the agency.

(2) If the agency does not require bidder registration or prequalification for the proposed contract, the announcement shall state with reasonable accuracy the character, quantity and location of the work as well as bid and performance bond requirements. The public announcement shall also state that the agency may extend the time and place for the opening of bids from that described in the announcement. Such extension shall not take place unless at least 2 calendar days’ notice, unless special circumstances apply as determined by the Section Director, by certified delivery, facsimile transmission or by other verifiable electronic means, is sent to those bidders who obtained copies of the plans and specifications or contract descriptions.

(c) Bidder prequalification requirements. —

(1) The Office shall establish a 2-step process for the prequalification of contractors and subcontractors that desire to bid on large public works contracts for which prequalification is specified by the contracting agency. A contractor shall not be permitted to bid on a contract that requires prequalification unless the contractor has been prequalified pursuant to this subsection. A prequalified and classified contractor shall not be permitted to submit a bid on a specific contract unless the contractor completes a questionnaire and submits supplemental information at the option of the contracting agency or per paragraph (c)(9)a. of this section to the Office pertaining to that contract. The supplemental request for information shall not include any information requested during the first step of the prequalification process, but may require the contractor to affirm that no material changes have occurred since the application for the first step of the prequalification process was submitted to the Office. The prequalification process shall apply to general contractors and subcontractors in the areas that are deemed necessary by the Office.

(2) The prequalification classification issued by the Office as part 1 of the prequalification process shall be valid for 24 months. A contractor or subcontractor subject to prequalification shall request to be reclassified by the Office after the 24-month period in order to remain eligible to bid on public works contracts that require prequalification. A contractor or subcontractor who holds a valid prequalification classification shall report any material changes which could adversely affect the prequalification, as established in paragraph (c)(3) of this section, to the Office in writing within 10 days of the material change. A contractor or subcontractor may report to the Office in writing material changes which could positively affect the prequalification, as established in paragraph (c)(3) of this section. Based on the information provided, the Office may change the classification or revoke prequalification at the sole discretion of the Director.

(3) The prequalification process shall include a requirement that the contractor or subcontractor submit a statement under oath on a form designated by the Office. The form shall fully describe and establish the financial ability, responsibility, plant and equipment, organization, ownership, relationships, and prior experience of the contractor or subcontractor and any other pertinent and material facts as may be deemed necessary by the Office. At the discretion of the Office, the submission shall include part or all of the following:

a. The most recent audited financial statement and/or financial statement review containing a complete statement of the proposing contractor’s or subcontractor’s financial status. Such statement shall include the contractor’s Z score;

b. The proposing contractor’s or subcontractor’s experience on other public works or private sector projects, including but not limited to the size, complexity and scope of the firm’s prior projects;

c. Performance reviews of the proposing contractor or subcontractor on previously awarded public works or private sector construction projects within the last 5 years;

d. Civil judgments and/or criminal history of the proposing contractor’s or subcontractor’s principals;

e. Any debarment or suspension by any government agency;

f. Any revocation or suspension of a license;

g. Any bankruptcy filings or proceedings; and

h. A statement as to organization, which shall demonstrate the adequacy of such organization to undertake a public works contract. This statement shall include the resumes of the management and professional staff.

(4) After the receipt of the submission provided for in paragraph (c)(3) of this section, the Office may verify all information provided in the contractor’s or subcontractor’s submission, including applicable license and certificate requirements, federal or state debarments, and violations of law. The Office may also conduct inquiries or surveys of the contractor’s or subcontractor’s prior customers.

(5) a. Based upon the submission provided for in paragraphs (c)(3) and (4) of this section, the Office Review Committee, which shall include at least 2 Office employees, shall assign a contractor or subcontractor the following classification or classifications and limits for the purpose of determining the types of projects for which a contractor or subcontractor is entitled to bid:

1. A trade(s) or work classification(s); and

2. The maximum contract dollar value for which the contractor or subcontractor may submit a bid.

To effectuate these requirements of the prequalification process, the Office shall develop rules and regulations for assigning classifications and maximum dollar limits.

b. The classification shall be made, or prequalification may be denied, and notice thereof shall be sent to the contractor or subcontractor within 5 days of the determination made pursuant to paragraph (c)(5)a. of this section by registered or certified mail or other legally valid methods. Notice of prequalification classification or denial shall also be sent to the contracting agency if said agency is not the Office.

(6) Based upon the proposing contractor’s or subcontractor’s answers to the step-1 or step-2 prequalification questionnaire, the Office may deny prequalification for any 1 of the following specified reasons:

a. Insufficient financial ability to perform a public works contract;

b. Inadequate experience to undertake a public works contract;

c. Documented failure to perform on prior public or private construction contracts, including but not limited to final adjudication or admission of violations of prevailing wage laws in Delaware or any other state;

d. Prior judgments for breach of contract that indicate the proposing contractor or subcontractor may not be capable of performing the work or completing a large public works contract;

e. Criminal convictions for fraud, misrepresentation or theft relating to contract procurement;

f. Previous debarment or suspension of the contractor or subcontractor by any government agency that indicates the proposing contractor or subcontractor may not be capable of performing the work or completing a large public works contract;

g. Previous revocation or suspension of a license that indicates the proposing contractor or subcontractor may not be capable of performing the work or completing a public works contract;

h. Previous bankruptcy proceedings that indicate the proposing contractor or subcontractor may not be capable of performing the work or completing a public works contract; or

i. Failure to provide accurate prequalification information on past or current prequalification questionnaires.

Reason or reasons for the denial of prequalification shall be in writing, and shall be sent to the contractor or subcontractor within 5 working days of such decision. An agency may refuse to provide any contractor or subcontractor disqualified under this paragraph plans and specifications for a contract. An agency receiving a bid from a contractor or subcontractor disqualified under this paragraph shall not consider such bid.

(7) Any contractor or subcontractor disqualified pursuant to paragraph (c)(6) of this section may request a review of such decisions with the Director within 5 working days of the receipt of the agency’s notification of the prequalification decision. Such request shall be made in writing. No action in law or equity shall lie against any agency or its employees if the contractor or subcontractor does not first review the decision with the Director. To the extent the contractor or subcontractor brings an action challenging a decision made pursuant to paragraph (c)(6) of this section after such review by the Director, the court shall afford great weight to the decision of the Office head and shall not overturn such decision unless the contractor or subcontractor proves by clear and convincing evidence that such decision was arbitrary and capricious.

(8) The Office shall maintain a registry of all contractors and subcontractors prequalified to bid on public works projects. The registry shall include the classification or classifications of the contractor or subcontractor and the maximum contract dollar value for which the contractor or subcontractor may submit a bid.

(9) a. In addition to the prequalification required herein, any agency shall require a contractor or subcontractor to provide supplemental information that is specifically relevant to the public works contract to be bid. Such additional information shall be considered supplemental certification and shall not duplicate in any way the information required by the Office in its prequalification process except for labor supply available to complete the project in a timely manner.

b. Based upon the proposing contractor’s or subcontractor’s answers to the agency’s supplemental prequalification questionnaire, the Director, or in the case of school projects, the school district may deny the prequalification for any 1 of the following specified reasons:

1. Inadequate experience to undertake the specific project that requires supplemental prequalification;

2. Inadequate expertise to undertake the specific project that requires supplemental prequalification;

3. Failure to provide supplemental prequalification information for the specific project that requires supplemental prequalification; or

4. Inadequate labor supply available to complete the project in a timely manner.

Denial of supplemental prequalification by the Office, or in the case of school projects, the school district shall be in writing no later than 2 weeks before the close of the project bid and shall be sent to the contractor or subcontractor within 5 working days of such decision. An agency may refuse to provide any contractor or subcontractor disqualified under this paragraph plans and specifications for the contract. An agency receiving a bid from a contractor or subcontractor disqualified under this paragraph shall not consider such bid.

(10) Any contractor or subcontractor disqualified pursuant to paragraph (c)(9) of this section may request in writing within 5 working days of the receipt of the Office’s or, in the case of school projects, the school district’s, supplemental prequalification a review of such decisions with the Director or the Director’s designee or, in the case of school projects, the school district. No action in law or equity shall lie against any agency or its employees if the contractor or subcontractor does not first review the decision with the Director or, in the case of school projects, the school district within 5 working days after the decision is rendered by the Office or, in the case of school projects, the school district. To the extent the contractor or subcontractor brings an action challenging a decision made pursuant to paragraph (c)(9) of this section after such review by the Director or, in the case of school projects, the school district, the court shall afford great weight to the decision of the Director or, in the case of school projects, the school district and shall not overturn such decision unless the contractor or subcontractor proves by clear and convincing evidence that such decision was “arbitrary and capricious.”

(11) In addition, for the US 301 project from the Maryland-Delaware state line to its termination at Delaware Route 1, all contractors and subcontractors are required, independently or through agreement with other organizations, to provide craft training for journeyman and apprentice levels through a bona fide program approved by and registered with the State of Delaware and/or United States Department of Labor.

(12) a. A Department of Transportation project, excluding a municipal street aid contract, must include a performance-based rating system.

b. The Department of Transportation’s performance-based rating system must be defined in regulations promulgated by the Secretary of the Department of Transportation.

c. A contractor is eligible to bid as follows:

1. A contractor meeting or exceeding the minimum contractor’s performance rating at the time of bid, as determined by the Department’s performance-based contractor evaluation system, is eligible to bid.

2. A. A contractor who does not meet or exceed the minimum contractor’s performance rating at the time of bid is eligible to bid if the contractor agrees to allow the Department to retain 5% of the payments to be made to the contractor for work performed under the contract under the procedures provided in paragraph (d)(5)a.1. of this section.

B. A contract under paragraph (c)(12)c.2. of this section must contain all of the following provisions:

I. A variable retainage in an amount that does not exceed 5%, that is established at the discretion of the Secretary.

II. When the project is at 50% completion, the contractor may request that the retainage be reduced to 2% after an interim evaluation of the current project.

III. The project completion percentage will be based on the actual work completed, excluding money paid for stored materials.

(13) a. If there is a craft training requirement for a craft in the project under § 6960A of this title, a contractor must commit that the contractor and all subcontractors will provide craft training for journeyman and apprentice levels at the time the contractor executes the public works contract.

1.–3. [Repealed.]

b., c. [Repealed.]

d. The Secretary of the Department of Labor may promulgate and adopt regulations to implement this paragraph (c)(13) of this section.

(d) Bid specifications and plans requirements. —

(1) Preparation of plans and specifications and approvals. — The contracting agency shall cause suitable plans and specifications to be prepared for all contracts pursuant to this section. All plans and specifications shall be prepared by registered and licensed architects and/or engineers who shall sign the plans and specifications and affix their seals thereto. This requirement may be waived if:

a. The work to be covered by the public works contract is to be performed in accordance with identical plans and specifications similarly signed and sealed pursuant to which previous public works contracts have been awarded under this subchapter. Any architect and/or engineer who signed and sealed the original of such identical plan(s) will have no liability arising from the use of those plans other than the use contemplated by the contract pursuant to which the original copies of such plans was created, unless such architect and/or engineer reviews and approves such different use; or

b. The project does not require architectural and engineering services and the agency head waives in writing the use of such services.

(2) Agency assistance. — An agency may retain, in accordance with subchapter V of this chapter, the professional services of a general contractor or other qualified firm to assist in cost estimation, economic design analysis and construction.

(3) Prohibition of brand specification. — The description of work and/or materiel and the plans and specifications shall not use a brand or trade name, except as an indication of the type or quality of materiel and in all such limited cases shall contain the words “or approved equal.”

(4) Special provisions. — a. Anti-pollution, conservation, environmental measures or Energy Star equipment not covered by contract specifications. — 1. The description of the materiel and the plans and specifications for the work issued by the agency shall set forth those provisions of federal, state and local statutes, ordinances, rules and regulations respecting anti-pollution, conservation and environmental protection which affect the project or projects for which such solicitations or bids are sought.

2. If the successful bidder must undertake anti-pollution, conservation or environmental protection work not specified in the agency’s plans and specifications or descriptions of materiel, including measures required by the enactment of new or the amendment of existing statutes, ordinances, rules or regulations occurring after the submission of the successful bid or quotation, the awarding agency shall issue a change order, as provided for in § 6963 of this title, setting forth the additional measures that must be undertaken.

3. Cost. — The cost of such a change order to the awarding agency shall be determined in accordance with the contract for change orders or force accounts. If no such provision is set forth in the contract, then the cost to the awarding agency shall be the contractor’s costs for wages, labor costs other than wages, wage taxes, materiel, equipment rentals, insurance and subcontracts attributable to the additional activity plus a reasonable sum for overhead and profit.

4. Authorization. — Written authorization by the agency is to be given to the successful bidder prior to the bidder undertaking such additional activity. Costs incurred by the successful bidder for additional work performed without prior approval shall not be approved for payment by the agency.

5. Energy Star equipment. — Prior to finalizing specifications for equipment to be purchased as part of a large public works contract, the agency or its architect and/or engineer shall review all equipment to determine whether Energy Star rated products are available. For each piece of equipment, if an Energy Star product is available, the specifications and bid documents shall require the use of an Energy Star product unless the agency can demonstrate, in writing, to the satisfaction of the Director, that a product with an Energy Star rating meets at least 1 of the following criteria:

A. The Energy Star rated equipment is not available competitively,

B. The Energy Star rated equipment is not available within a reasonable time frame, or

C. The Energy Star rated equipment does not meet appropriate performance standards.

The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Director, that the interests of the state would be better served by procuring non-Energy Star rated equipment.

b. Preference for Delaware labor. — In the construction of all public works for the State or any political subdivision thereof or by firms contracting with the State or any political subdivision thereof, preference in employment of laborers, workers or mechanics shall be given to bona fide legal citizens of the State who have established citizenship by residence of at least 90 days in the State. Each public works contract for the construction of public works for the State or any political subdivision thereof shall contain a stipulation that any person, company or corporation who violates this section shall pay a penalty to the Secretary of Finance equal to the amount of compensation paid to any person in violation of this section.

(5) Retainages and substitution of securities. — a. Authority to withhold contract retainage. — 1. Agencies may retain a portion of the payments to be made to a contractor for work performed pursuant to a public works contract. The percentage of the value of work performed which may be retained shall be established for each particular contract in the contract bidding documents and shall be incorporated into the contract. The percentage retained shall be 5% of the value of the work completed by the contractor under the contract. Upon completion of the work under the contract, the agency may release 60% of the amount then retained. The balance of the amount retained will be held until:

A. All reports required of the contract are received;

B. All subcontractors in trades listed on the bid form are paid by the contractor, unless the amount owed to the subcontractor is disputed, in which case the agency may withhold 150% of the amount withheld by the contractor in its dispute with the subcontractor; and

C. Final payment is authorized by the agency.

2. The agency may, at its option, retain, temporarily or permanently, a small amount and may cause the contractor to be paid, temporarily or permanently, from time to time, such portion of the amount retained as it deems equitable. The contractor shall be paid for all work that is due to the contractor under the contract except for the amount retained.

3. The agency may at the beginning of each public works contract establish a time schedule for the completion of the project. If the project is delayed beyond the completion date due to the contractor’s failure to meet the contractor's own responsibilities, the agency may forfeit all or part of retainage at its discretion.

b. Procedures requirement. — Agencies shall establish standard procedures and regulations for the administration of contract retainages prior to entering into contracts which require retainages. All agency procedures shall provide for contract retainage and substitution of securities for retainage.

c. Substitution of securities. — 1. The contractor under a public works contract, with the approval of the agency, may deposit securities as authorized by this section in substitution for moneys being withheld from the contractor as retainage. Securities allowable for substitution of retainage shall be: United States Treasury Bonds, United States Treasury Notes, United States Treasury Certificates of Indebtedness or United States Treasury Bills; bonds or notes of the State; bonds of any political subdivision of the State; or certificates of deposit from state or national banks located in this State; or any letter of credit or other security approved by the agency.

2. The contractor shall have the right to withdraw and take all or portions of the moneys being retained from the contractor under the contract by depositing securities in substitution for such moneys. The contractor may do so only in accordance with the agency’s standard procedures and mechanisms. Such substitution shall be approved by the agency only if the aggregate market value of the securities are at least as great as the contract retainages being withdrawn.

3. A contractor may substitute cash for and receive back all or part of the securities on deposit from the contractor. The cash must at least have the same value as the market value of the securities received back from the agency.

4. The contractor shall be entitled to receive, in all events, all interest and income earned on the securities deposited by the contractor in substitution for contract retainage. If the securities deposited are in the form of coupon bonds, the agency or the escrow agent designated by it and holding the deposited securities shall deliver each coupon to the contractor as it matures.

5. All securities shall be released, delivered and paid over to the contractor at such time as cash moneys being retained from the contractor would have been released, delivered and paid over to the contractor under the public works contract if there had been no substitution for the cash moneys.

6. All costs of depositing and maintaining securities as provided for in this section shall be borne by the contractor.

7. No agency shall have any duty to invest moneys being retained by it from a contractor under a public works contract in any interest bearing account or to establish any procedures or mechanisms for any such investment.

8. Notwithstanding any other provisions of this section, any contracting agency may deny the contractor on any public works contract permission to substitute securities for moneys being held as retainages. This action shall be taken only for good cause and when the agency deems it to be in the best interest of the contracting agency. Written notice shall be given to the contractor and a hearing shall be held by the agency showing cause for such denial if requested in writing by the contractor. Denial of such substitution shall be for a stated period of time, not to exceed a period of 3 years, and shall continue until the end of the stated time period, or until the contractor has successfully completed all outstanding public works contracts without forfeiting any part of the retainage held by the agency, whichever occurs first.

(6) Partial payments. — Any public works contract executed by any agency may provide for partial payments with respect to materials placed along or upon the sites or stored at secured locations, which are suitable for use in the performance of the contract. When approved by the agency, partial payments may include the values of tested and acceptable materials of a nonperishable or noncontaminative nature which have been produced or furnished for incorporation as a permanent part of work yet to be completed, provided acceptable provisions have been made for storage. Any allowance made for materials on hand will not exceed the delivered cost of the materials as verified by invoices furnished by the contractor, nor will it exceed the contract bid price for the material complete in place.

(7) Equality of employment opportunity and equal pay on public works. —

a. As a condition of the awarding of any contract for public works financed in whole or in part by state appropriation, such contracts shall include the following provisions:

During the performance of this contract, the contractor agrees as follows:

1. A. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual orientation, gender identity, national origin, housing status, or any other basis protected under Chapter 7 of Title 19.

B. The contractor will take positive steps to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, sexual orientation, gender identity, national origin, housing status or any other basis protected under Chapter 7 of Title 19, in all of the following actions:

I. Employment.

II. Upgrading.

III. Demotion or transfer.

IV. Recruitment or recruitment advertising.

V. Layoff or termination.

VI. Rates of pay or other forms of compensation.

VII. Selection for training, including apprenticeship.

C. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices provided by the contracting agency setting forth the nondiscrimination requirements under paragraphs (d)(7)a.1.A. through (d)(7)a.1.B. of this section.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, sexual orientation, gender identity, national origin, housing status, or any other basis protected under Chapter 7 of Title 19.

3. The contractor will ensure employees receive equal pay for equal work, without regard to sex. Employee pay differential is acceptable if pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or if the differential is based on any other factor other than sex.

b. The Secretary of the Department of Labor shall be responsible for the administration of this provision and shall adopt such rules and regulations and issue such orders as deemed necessary to achieve the purposes thereof; provided, that no requirement established hereby shall be in conflict with § 6904 of this title.

c. For the purposes of this section:

1. “Housing status” means as defined in § 204 of Title 19.

2. “Protective hairstyle” includes braids, locks, and twists.

3. “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(8) Bid bonding requirements. — a. All bids shall be accompanied by a deposit of either a good and sufficient bond to the agency for the benefit of the agency, with corporate surety authorized to do business in this State, the form of the bond and the surety to be approved by the agency, and the bond form used shall be the standard form issued by the Office of Management and Budget for this purpose or a security of the bidder assigned to the agency, for a sum equal to at least 10% of the bid. The bid bond need not be for a specific sum, but may be stated to be for a sum equal to 10% of the bid to which it relates and not to exceed a certain stated sum, if said sum is equal to at least 10% of the bid. Any bid which, at the time it is submitted, is not accompanied by a bid bond or sufficient security as required by this paragraph shall not be opened or read, and shall be rejected.

b. Upon the execution of a formal contract and performance bond, the bid bond or security shall be returned to the successful bidder. The security of the unsuccessful bidders shall be returned to them immediately upon the awarding of the contract or the rejection of all bids, but in no event later than 30 days after the opening of bids with the exception of school districts and the Department of Public Instruction, which shall be no more than 60 days unless the contracting agency or school district extends the bid evaluation period by 5 working days per the requirements of paragraph (d)(13)a. of this section. If the bid evaluation period is extended by 5 working days, then the security of each unsuccessful bidder shall be returned to them on the first working day after the end of the extended bid evaluation period.

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

d. In the case of bids submitted to agencies other than any county of this State and other than any public school district, wherever security is required under this section, the vendor shall also supply with its bid its taxpayer identification number (i.e., federal employer identification number or social security number) or a Delaware business license number and, should the vendor be awarded a contract, such vendor shall provide to the agency the taxpayer identification or Delaware business license numbers of such subcontractors. Such numbers shall be provided on the later of the date on which such subcontractor is required to be identified or the time the contract is executed. The agency shall report to the Division of Revenue each vendor selected for award within 15 days of execution of the contract and each subcontractor within 15 days of such contractor having been identified to the agency or on the date of execution of the contract, whichever is later, unless the Director of the Division of Revenue has notified the agency of criteria according to which, in the Director’s discretion, reporting is not required and the contract meets such criteria.

(9) Performance bonding requirements. — a. Simultaneous with the execution of the formal contract, the successful bidder shall also execute a good and sufficient bond to the contracting agency for the benefit of the agency, with corporate surety authorized to do business in this State, in a sum equal to 100% of the contract price and the bond form used shall be the standard form issued by the Office of Management and Budget.

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

c. The agency may, when it considers that the interests of the agency so require, cause judgment to be confessed upon the bond. All sums received through confession of judgment shall be paid for the credit of the agency to the Secretary of Finance or to the chief financial officer of the agency if it is not a state agency.

d. Every firm furnishing materiel or performing labor under the contract for which the successful bidder is liable may maintain an action on the bond for its own use in the name of the agency in any court of competent jurisdiction for the recovery of such sum or sums as may be due such firm from the successful bidder, but if the bond so provides, no suit shall be commenced after the expiration of 1 year following the date on which the successful bidder ceased work on the contract. Otherwise, suits may be commenced at any time within 3 years following the date the last work was done on the contract.

e. No firm or surety, in any action brought under this section, or on the bond required by this section, shall assert as a defense to such action the claim that the bond given pursuant to this section contained a limitation or restriction not provided for by this section.

f. In the event of defaults of its contracts, the money collected on the performance bonds shall be utilized by the contracting agency for the projects for which the performance bonds were issued. All performance bond proceeds received shall be deposited with the Secretary of Finance for the credit of the agency. Such moneys pertaining to Department of Transportation contracts shall be deposited in the Transportation Trust Fund.

g. In addition to the bond, letter of credit or other financial security posted by the successful bidder in conjunction with the execution of the formal contract, each successful bidder, regardless of the type of the security posted or waived, as the case may be, must purchase adequate insurance for the performance of the contract and, by submission of a bid, does agree to indemnify and save harmless and to defend all legal or equitable actions brought against the agency or officer or employee of the agency for and from all claims of liability which is or may be the result of the successful bidder’s actions during the performance of the contract. The purchase or nonpurchase of such insurance or the involvement of the successful bidder in any legal or equitable defense of any action brought against the successful bidder based upon work performed pursuant to the contract shall not waive any defense which the agency and its officers and employees might otherwise have to such claims, specifically including the defense of sovereign immunity, where applicable, and by the terms of this section, the agency and its officers and employees shall not be financially responsible for the consequences of work performed, pursuant to said contract.

h. Contracts may contain a waiver of the bond requirement; provided however, that the successful bidder post with the contracting agency an irrevocable letter of credit or other suitable or readily collectible financial security for the project. Such security shall be subject to the terms and conditions of the contracting agency.

(10) Public buildings; special requirements. — a. Pre-bid meeting requirement. —

In the case of any public works contract for the construction, reconstruction, alteration or repair of any public building (not a road, street or highway) the agency shall call a meeting of all prospective bidders upon notice in compliance with Chapter 100 of this title. The meeting shall be at least 15 days before the date for the submission of bids.

1. At the meeting, all the participants, including the agency, shall attempt to agree upon a listing of all subcontractor categories to be included in the bids for performing the work as required by paragraph (d)(10)b. of this section and any such agreed listing shall be final and binding upon all bidders and upon the agency. If all of the participants do not agree on such a listing at the meeting, then the agency itself, at least 10 days before the due date for the submission of bids, shall determine the subcontractor categories to be included in the listing. The listing, whether agreed to by all of the participants at the meeting or determined by the agency itself in the absence of the unanimous agreement of the participants at the meeting, shall be published by the agency at least 10 days before the due date for the submission of bids by mailing and listing to all of the participants at the meeting. The listing, as so published, shall be final and binding upon all bidders and the agency and it shall be filled out completely, in full, without any abbreviations. If the agency required prequalification of subcontractors pursuant to this section in its invitation to bid, no contractor shall list a subcontractor in its subcontractor listing required by this subsection who has not already been prequalified by the agency.

2. If a pre-bid meeting is held but the bidding process does not proceed, a new bidding process for the same project without any changes to the scope of the project does not require a new pre-bid meeting if the agency head determines that in the best interest of the State one is not needed.

b. Subcontracting requirements. — All contracts for the construction, reconstruction, alteration or repair of any public building (not a road, street or highway) shall be subject to the following provisions:

1. Such contract shall be awarded only to a bidder whose bid is accompanied by a statement containing, for each subcontractor category set forth in the listing as provided in paragraph (d)(10)a. of this section the name and address (city or town and State only — street number and P.O. Box addresses not required) of the subcontractor whose services the bidder intends to use in performing the work and providing the materiel for such subcontractor category. Where any services and/or materiel are to be provided by or through a third-tier contractor, the bidder shall also supply the name and address of the third-tier contractor. If a bidder intends to perform the work or provide the materiel for any subcontractor category specifically established by the agency and as set forth in the listing provided for in paragraph (d)(10)a. of this section, the bidder must list itself as the subcontractor for that category. If at the time it is submitted a bid is not accompanied by the subcontractor statement required by this subparagraph, or if a bidder fails to list itself as the subcontractor for any category for which it intends to perform the work or provide the materiel, the bid shall not be opened or read, and shall be rejected.

2. The contracting agency shall neither accept any bid nor award any contract to any bidder which, as the prime contractor, has listed itself as the subcontractor for any subcontractor category on the listing as provided in paragraph (d)(10)a. of this section, unless:

A. It has been established to the satisfaction of the awarding agency that the bidder has customarily performed the specialty work of such subcontractor category by artisans regularly employed by the bidder’s firm;

B. That the bidder is duly licensed by the State to engage in such specialty work, if the State requires such licenses; and

C. That the bidder is recognized in the industry as a bona fide subcontractor or contractor in such specialty work and subcontractor category.

The typical subcontractor categories involving specialty work includes, by way of illustration and not limited to, plumbing, electrical wiring, heating, roofing, insulating, weather stripping, masonry, bricklaying and plastering. The decision of the awarding agency as to whether a bidder who lists itself as the subcontractor for a subcontractor category set forth in the listing as provided in paragraph (d)(10)a. of this section shall be final and binding upon all bidders, and no action of any nature shall lie against any awarding agency or its employees or officers because of its decision in this regard.

3. After such a contract has been awarded, the successful bidder shall not substitute another subcontractor for any subcontractor whose name was set forth in the statement which accompanied the bid without the written consent of the awarding agency. No agency shall consent to any substitution of subcontractors unless the agency is satisfied that the subcontractor whose name is on the bidders accompanying statement:

A. Is unqualified to perform the work required;

B. Has failed to execute a timely reasonable subcontract;

C. Has defaulted in the performance on the portion of the work covered by the subcontract; or

D. Is no longer engaged in such business.

4. All such contracts shall contain a provision for a penalty against the successful bidder for its failure to utilize any or all the subcontractors in the successful bidder’s accompanying statement in the performance of the work on the public building contemplated by the contract. The penalty amount shall be set by the agency. The agency will also determine if the amount is to be deducted from payments to the bidder for contract performance or if the amount is to be paid directly to the agency by the bidder. Any penalty amount assessed against the contractor may be remitted or refunded, in whole or in part, by the agency awarding the contract, only if it is established to the satisfaction of the agency that the subcontractor in question has defaulted or is no longer engaged in such business. No claim for the remission or refund of any penalty shall be granted under this section unless an application is filed within 1 year after the liability of the successful bidder accrues. All penalty amounts assessed and not refunded or remitted to the contractor shall be reverted to the State, municipality or other agency as the case may be.

5. If awarded, not to a general contractor, but to a prime contractor which contracts directly with agency awarding and/or administering the contract, such contract may include a provision in its contract specifications that the successful bidder perform a fixed percentage of the work of said public works contract up to 50% of the total contract bid. Factors to be considered by the agency awarding the contract in setting the required percentage of amount of work the successful bidder must perform may include the degree of difficulty involved in the agency’s administration of the work covered under the terms of the public works contract; the degree of specialty work contemplated in the contract including, but not limited to, the amount of plumbing, electrical wiring, heating, roofing, insulation, weather-stripping, masonry, bricklaying or plastering work under the contract; and the time period required in which to complete the public works project. The terms of the contract shall so specify reasons for the stated percentage in its general terms and conditions. The decision of the agency setting the required percentage shall not be set aside by any court of competent jurisdiction as long as there is a rational basis for setting the required fixed percentage to be performed by the contractor. If the successful bidder fails to perform pursuant to the terms of this provision, the agency awarding and/or administering the contract may invoke the provisions of § 6964 of this title.

6. No construction manager contract for public school projects may be signed unless approved by the Director.

(11) Other contracting requirements. — a. Asbestos abatement. — The selection of any contractor to perform asbestos abatement for State-funded projects shall be approved by the Office of Management and Budget pursuant to Chapter 78 of Title 16.

b. Standards of construction; protection of physically handicapped. — All contracts shall conform with the standards established by the Delaware Architectural Accessibility Board as authorized by Chapter 73 of this title, unless otherwise exempted by the Board.

(12) Public bid opening requirements. — a. Bids shall be opened publicly and the contractor and total bid price or the contractor, base bid, and alternate price should be read aloud at the time and place designated in the plans and specifications.

b. Bids shall be unconditionally accepted without alteration. After the bid opening, no corrections in bid prices or other provisions of bids prejudicial to the interests of the State or fair competition shall be permitted.

(13) Bid evaluation, contract award and execution procedure. —

a. The contracting agency shall award any public works contract within 30 days of the bid opening to the lowest responsive and responsible bidder, unless the agency elects to award on the basis of best value, in which case the election to award on the basis of best value shall be stated in the invitation to bid. Any public school district and its board shall award public works contracts in accordance with this section’s requirements except it shall award the contract within 60 days of the bid opening. A contracting agency shall extend the 30-day bid evaluation period by a total of 5 working days and a school district shall extend the 60-day bid evaluation period by a total of 5 working days if a bid is nonresponsive or a bidder is judged to be not responsible, and the bidder cannot be notified in writing a minimum of 5 days prior to the end of the 30-day bid evaluation period in the case of an agency, or the 60-day bid evaluation period in the case of a school district. Written notification to the bidder or bidders whose bid is non-responsive or who have been determined to be not responsible shall be received at least 5 working days prior to the end of the original or the extended evaluation period and shall specify the reason or reasons why the bid is nonresponsive or the bidder determined to be not responsible. If the bid evaluation period is extended by 5 working days, the contracting agency or school district shall notify each bidder in writing prior to the end of the 30-day bid evaluation period in the case of an agency, or the 60-day bid evaluation period in the case of a school district, that the bid evaluation period is being extended by 5 working days. The written notification to all bidders shall include the calendar date by which the agency or school district shall award a contract or reject all bids.

1. Each bid on any public works contract must be deemed responsive by the agency to be considered for award. A responsive bid shall conform in all material respects to the requirements and criteria set forth in the contract plans and specifications.

2. An agency shall determine that each bidder on any public works contract is responsible before awarding the contract. Factors to be considered in determining the responsibility of a bidder include:

A. The bidder’s financial, physical, personnel or other resources including subcontracts;

B. The bidder’s record of performance on past public or private construction projects, including, but not limited to, defaults and/or final adjudication or admission of violations of prevailing wage laws in Delaware or any other state;

C. The bidder’s written safety plan;

D. Whether the bidder is qualified legally to contract with the State;

E. Whether the bidder supplied all necessary information concerning its responsibility; and,

F. Any other specific criteria for a particular procurement, which an agency may establish; provided however, that, the criteria shall be set forth in the invitation to bid and is otherwise in conformity with state and/or federal law.

3. If an agency determines that a bidder is nonresponsive or not responsible, the determination shall be in writing and set forth the basis for the determination. A copy of the determination shall be sent to the affected bidder within 5 working days of said determination. The final determination shall be made part of the procurement file.

4. A. If the agency elects to award on the basis of best value, the agency must determine that the successful bidder is responsive and responsible, as defined in this subsection. The determination of best value shall be based upon objective criteria that have been communicated to the bidders in the invitation to bid. The following objective criteria shall be assigned a weight consistent with some or all of the following:

I. Price — must be at least 70% but no more than 90%.

II. Schedule — must be at least 10% but no more than 20%.

III. Performance — must be at least 10% but no more than 20%.

IV. Disadvantaged business enterprise participation (only for projects valued in excess of $30,000,000) — must be at least 10% but no more than 30%.

B. Performance criterion must be based on a contractor’s performance rating as determined by the agency’s performance-based rating system. The agency’s performance-based rating system must be based on previous contracting performance and may not be based on a set of prescriptive rules favoring a particular business model or business procedure. The performance-based rating system must be defined in regulations promulgated by the Secretary of the agency and must include a procedure for a contractor to appeal a performance-based rating.

C. A weighted average stated in the invitation to bid shall be applied to each criterion according to its importance to each project. The agency shall rank the bidder according to the established criteria and award to the highest ranked bidder. Every state agency and school district shall, on a yearly basis, file a report with every member of the General Assembly and the Governor that states which projects were bid under best value and what contractor was awarded each contract.

b. A contract may be awarded to a bidder other than the lowest responsible and responsive bidder if, in the opinion of the contracting agency, the interest of the agency shall be better served by awarding the contract to another bidder. Such award shall be made only if the contracting agency makes a written determination of the award describing the reason or reasons why such award better serves the interest of the agency. The reason or reasons for making such award may include, but are not limited to, unsatisfactory performance on any previously awarded contract by the bidder being rejected.

c. The successful bidder shall execute a formal contract within 20 days after the award of the contract. The contract shall be in a form with terms and conditions approved by the contracting agency. The successful bidder shall also provide a bond as required in paragraph (d)(8) of this section within 20 days after the award of the contract.

d. If the successful bidder refuses or neglects to execute a formal contract and bond as required in this subchapter, the bidder’s bid bond or security deposit shall be taken and become the absolute property of the agency for the benefit of the agency as liquidated damages, and not as a forfeiture or as a penalty. Such moneys shall be deposited with the Secretary of Finance or the chief financial officer of the agency if the agency is not a state agency.

e. If 2 or more responsible and responsive bidders shall bid an equal amount and such amount shall be the lowest bid, the contracting agency may award the contract to any 1 of them or may reject all bids.

f. A contracting agency may reject all bids on any contract prior to the award of the contract for any reason it believes to be in the best interest of the agency.

g. Electronic bid or electronic submission. —

1. If the Office or an agency determines that an electronic bid or electronic submission is beneficial, the Office or the agency may use the selected method to obtain bids for public works contracts.

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

3. The Office’s or the agency’s representative and a witness shall open the electronic mail account immediately after the closing date and time; record the names of the vendors that responded, the date and time submitted, and the bids or associated prices; and prepare a tabulation of all responsive vendors for review.

h. On-line bidding method. —

If the Office or an agency determines that an on-line bidding method is beneficial, the Office or the agency may use an on-line bidding method to obtain and evaluate bids for public works contracts. The Office or agency must indicate the method in the solicitation.

i. [Repealed.]

(14) Suspension and debarment. —

a. 1. Any contractor who fails to perform a public works contract or complete a public works project within the time schedule established by the agency in the invitation to bid, may be subject to suspension or debarment for 1 or more of the following reasons:

A. Failure to supply the adequate labor supply ratio for the project.

B. Inadequate financial resources.

C. Poor performance on the project.

D. Failure to provide required craft training under § 6960A of this title.

2. Any subcontractor who fails to provide required craft training under § 6960A of this title may be subject to suspension or debarment.

b. If a contractor fails to perform a public works contract or complete a public works project under paragraph (d)(14)a. of this section or a subcontractor fails to provide required craft training under § 6960A of this title, the agency that contracted for the public works project may petition the Director of the Office of Management and Budget for suspension or debarment of the contractor. The agency shall send a copy of the petition to the contractor within 3 working days of filing with the Director. If the Director concludes that the petition has merit, the Director shall schedule and hold a hearing to determine whether to suspend the contractor, debar the contractor or deny the petition. The agency shall have the burden of proving, by a preponderance of the evidence, that either the subcontractor failed to provide required craft training under § 6960A of this title or the contractor failed to perform or complete the public works project within the time schedule established by the agency by failing to do so for 1 or more of the following reasons:

1. Failure to supply the adequate labor supply ratio for the project.

2. Inadequate financial resources.

3. Poor performance on the project.

4. Failure to provide required craft training under § 6960A of this title.

c. 1. Upon a finding in favor of the agency under paragraph (d)(14)b. of this section because a contractor failed to perform a public works contract or complete a public works project, the Director may suspend a contractor from bidding on any project funded, in whole or in part, with public funds for up to 1 year for a first offense, up to 3 years for a second offense and permanently debar the contractor for a third offense.

2. Notwithstanding the penalties under paragraph (d)(14)c.1, of this section, upon a finding in favor of the agency that a contractor or subcontractor failed to perform the requirements under § 6960A of this title, the Director shall suspend a contractor or subcontractor who fails to perform the requirements under § 6960A of this title and shall debar the contractor or subcontractor from bidding on any project funded, in whole or in part, with public funds for up to 5 years.

d. The Director shall issue a written decision and shall send a copy to the contractor and the agency. Such decision may be appealed to the Superior Court within 30 days for a review on the record.
29 Del. C. § 6345 — Delaware Code / Title 29 / Chapter 63 / Subchapter III-B / Section 6345
§ Â
        6345. Reversion of unused funds.
Status: in_force

Any moneys for advanced planning or for advanced real property acquisition provided by the Budget Commission to a state agency, reorganized school district or vocational-technical school district which shall not be used by the agency or district within 36 months shall be refunded to the Budget Commission to be redeposited in the Fund.
29 Del. C. § 8081 — Delaware Code / Title 29 / Chapter 80 / Subchapter IV / Section 8081
§ Â
        8081. Legislative findings.
Status: in_force

(a) The General Assembly finds all of the following:

(1) The waters of this State are among Delaware’s most basic and valuable resources and should be conserved and protected in a manner to realize their full benefits.

(2) Delaware’s continued economic vitality is dependent upon: maintaining and improving the State’s water and wastewater systems; and protecting and enhancing the State’s water resources and natural infrastructure as the foundation for a healthy population and environment to sustain a high quality of life for residents, healthy habitats, as well as an attraction for tourism, employers and workers.

(3) Many Delaware homes, farms, agricultural lands, and businesses are at risk from flooding and drainage hazards, which have environmental, public safety, health, and economic impacts, and some Delawareans lack access to potable drinking water or basic wastewater disposal in their homes.

(4) Delaware’s list of impaired waters includes 377 bodies of water that suffer from excess nutrients, low dissolved oxygen, toxins and bacteria that negatively impact human and aquatic life.

(5) It is important that priorities for clean water projects in this State be given to projects that utilize green infrastructure and enhancement of natural systems to provide ecological benefits that include all of the following:

a. Improvement of water quality.

b. Demonstration of a high ratio of nutrient or pollution reduction to the amount of funding.

c. Improvement of community resilience to extreme weather, sea level rise, and other climate impacts.

(6) Existing federal and state funding resources alone are inadequate to meeting the State’s current and future demand for clean water projects.

(7) It is fitting and proper for the State to encourage local governments, private entities and farmers to undertake clean water projects that effectively and efficiently reduce pollution in the waters of the State by establishing mechanisms to assist planning and financing of such projects at the lowest reasonable costs.

(b) Based on its findings in subsection (a) of this section, the General Assembly determines that it is in the public interest to designate a Delaware Clean Water Trust account to ensure the greatest environmental return on investment through the management and coordination of financial resources available to the State for drinking water, wastewater, drainage, stormwater, and other eligible clean water projects to be funded from the following sources:

(1) Appropriations, including supplemental funds in the bond bill, intended to satisfy all of the following purposes:

a. Section 7903(14) of this title related to the Delaware Safe Drinking Water Revolving Fund.

b. Section 8003(12) of this title related to the Delaware Water Pollution Control Revolving Fund.

c. Section 3923 of Title 7 related to resource conservation and development projects undertaken by the County Conservation Districts in Kent, New Castle and Sussex Counties.

(2) Moneys received as repayments of principal and interest on loans, interest received on invested funds, and other funding made available for the programs and purposes in paragraph (b)(1) of this section.
29 Del. C. § 8210 — Delaware Code / Title 29 / Chapter 82 / Section 8210
§ Â
        8210. State Council for Persons with Disabilities.
Status: repealed

(a) There is hereby established a State Council for Persons with Disabilities.

(b) This Council shall have the following duties and responsibilities:

(1) Promote coordination among all state programs, services and plans established for or related to persons with disabilities.

(2) Review, on a continuing basis, all state policies, plans, programs and activities concerning persons with disabilities which are conducted or assisted, in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs of persons with disabilities.

(3) Make recommendations to the Governor, the General Assembly and all state departments and agencies respecting ways to improve the administration of services for persons with disabilities and for facilitating the implementation of new or expanded programs.

(4) Provide the Governor, the General Assembly, all interested agencies and the general public with review and comment on all state legislative proposals affecting people with disabilities.

(5) Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations and policies affecting state programs and persons with disabilities.

(6) Propose and promote legislation, regulations and policies to improve the well-being of persons with disabilities.

(7) Obtain, evaluate, and disseminate, as appropriate, information and data regarding:

a. The current numbers of persons with disabilities and their needs;

b. The location, provision and availability of services and programs for persons with disabilities;

c. Any other relevant information and data about persons with disabilities which the council deems appropriate.

(8) Prepare and submit to the Governor and the General Assembly an annual report of the activities of the Council and the status of services and programs for persons with disabilities.

(9) Serve as advisory council for the Community-Based Attendant Services program established by Chapter 94 of Title 16.

(10) Serve as the primary brain injury council for the State. In furtherance of this role, the Council shall:

a. Fulfill the duties and responsibilities set forth in paragraphs (b)(1) through (8) of this section with respect to persons with brain injuries;

b. Fulfill Council duties and responsibilities identified in the Concussion Protection in Youth Athletic Activities Act, codified at Chapter 30L of Title 16; and

c. Maintain a standing brain injury committee to facilitate prevention and centralized interdisciplinary planning, assessment, and an approved service delivery system for individuals with brain injury composed of the following members, or designees of such members:

1. Director of the Division of Public Health;

2. Director of the Division of Developmental Disabilities Services;

3. Director of the Division of Substance Abuse and Mental Health;

4. Director of the Division of Services for Aging and Adults with Physical Disabilities;

5. Director of the Division of Prevention and Behavioral Health Services;

6. Director of Division of Vocational Rehabilitation;

7. Exceptional Children Director of Department of Education;

8. Chair of Governor’s Advisory Council for Exceptional Citizens;

9. Chair of Developmental Disabilities Council;

10. Minimum of 3 survivors of brain injury or family members of such individuals; and

11. Representatives of prevention, planning, veterans and service delivery organizations appointed by the Council, including a representative of the state chapter of the Brain Injury Association of America and a representative of the “protection and advocacy agency” defined in § 1102 of Title 16.

(11) Serve as administrative agency for the Employment First Oversight Commission as established in § 745 of Title 19.

(c) For administrative purposes, this Council is placed within the Department of Safety and Homeland Security.

(d) This Council shall consist of the following members:

(1) The Secretary of Health and Social Services, or a designee of the Secretary;

(2) The Secretary of Labor, or a designee of the Secretary;

(3) The Secretary of Education, or a designee of the Secretary;

(4) The Secretary of Services to Children, Youth and Their Families, or a designee of the Secretary;

(5) The Secretary of Transportation, or a designee of the Secretary.

(6) The following councils, committees, agencies, and organizations shall designate a representative to serve as a member of the Council:

a. Governor’s Advisory Council for Exceptional Citizens.

b. Developmental Disabilities Council.

c. Delaware protection and advocacy agency as defined in § 1102 of Title 16.

d. Division of Developmental Disabilities Services.

e. Division of Substance Abuse and Mental Health.

f. Division for the Visually Impaired.

g. Architectural Accessibility Board.

h. Delaware Transit Corporation.

i. Division of Services for Aging and Adults with Physical Disabilities.

j. Division of Public Health.

k. Delaware Office for the Deaf and Hard of Hearing.

l. Delaware Statewide Americans with Disabilities Act Coordinator.

m. State Rehabilitation Advisory Council for the Division of Vocational Rehabilitation.

n. Other councils, committees, agencies and organizations as approved by both the State Council for Persons with Disabilities and the affected council, committee, agency or organization.

(7) Individuals appointed by Council to ensure that at least 50% of the total membership are individuals with disabilities or family members of individuals with disabilities. At least 33% of the total membership shall be composed of individuals with disabilities.

(e) Any vacancy of a representative position under paragraphs (d)(1)-(5) of this section shall be filled by the respective council, committee, agency or organization within 1 month.

(f) Any member who misses either 3 consecutive meetings or 4 out of any 12 consecutive meetings shall be presumed to have resigned from the Council.

(g) Members of the Council shall serve without compensation, except that they may be reimbursed by the Department of Safety and Homeland Security for reasonable and necessary expenses incident to their duties as members of the Council to the extent funds are available therefore and in accordance with state law.

(h) The Council shall elect its own Chairperson.

(i) The Council shall determine its meeting schedule, but there shall not be less than 4 meetings each calendar year, open to the public, held in an accessible place and with reasonable accommodations as requested.

(j) A simple majority of the total membership shall constitute a quorum which shall be necessary to vote on any issue.

(k) As used in this section, “persons with disabilities” means a person who has a physical or mental impairment that substantially limits 1 or more major life activities, a person who has a history or record of such an impairment, or a person who is regarded by others as having such an impairment.

(l) [Repealed.]
29 Del. C. § 9010C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9010C
§ Â
        9010C. Exemptions from the merit system.
Status: in_force

(a) All employees of the Department, including the CIO, shall be exempt from Chapter 59 of this title.

(b) The CIO, with the advice of the Secretary of the Department of Human Resources, shall create a compensation plan. Implementation of said plan shall be contingent upon approval by the Director of the Office of Management and Budget and Controller General. Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization. Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the State.
29 Del. C. § 4101 — Delaware Code / Title 29 / Chapter 41 / Section 4101
§ Â
        4101. Racial Equity Consortium; establishment and purpose [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, Â 2].
Status: in_force

The Racial Equity Consortium (“Consortium”) is created. The Consortium shall coordinate efforts to identify and remove systemic inequities that impact people of color in this State.
29 Del. C. § 5001 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5001
§ Â
        5001. Legislative findings [Transferred].
Status: in_force

Transferred to § 8701A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5921 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5921
§ Â
        5921. Appointment of highest ranking candidates.
Status: in_force

The rules shall provide for the appointment of a person standing among the highest 30 on the appropriate referral list, to fill a vacancy, except as provided in § 5919 of this title. In no case shall the rules require the employing agency to give a reason for rejecting names on the list unless all names are rejected. When the appointing authority selects an applicant for hire from the list the applicant may, at the discretion of the appointing authority, start work immediately and be placed on the payroll forthwith and any additional approvals or paperwork required by the rules shall be performed subsequently.
29 Del. C. § 8750A — Delaware Code / Title 29 / Chapter 87A / Subchapter VI / Section 8750A
§ Â
        8750A. Delaware Motion Picture and Television Development Commission.
Status: in_force

(a) There is hereby established the Delaware Motion Picture and Television Development Commission (the “Commission”) which shall consist of 9 members who shall be residents of the State and shall consist of the following:

(1) Director of the Division of Small Business or the Director’s designee;

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

(3) Three members appointed by the Governor;

(4) Two members appointed by the President Pro Tempore;

(5) Two members appointed by the Speaker of the House.

(b) Members shall serve at the pleasure of the appointing authority. Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure.

(c) The Commission shall be formed under the Division of Small Business.

(d) The Commission may create subcommittees, which may consist of nonmembers, to facilitate its work.

(e) The Commission shall organize itself in such manner as it deems desirable and necessary, including electing a Chair, but no action shall be taken or motion or resolution adopted by the Commission except by an affirmative vote of a majority of the current members of said body.

(f) The Commission shall have the following powers:

(1) To adopt such rules and regulations as it deems advisable with respect to the conduct of its own affairs;

(2) To hold hearings, and to do or perform any acts which may be necessary, desirable or proper to carry out the purposes of this Commission;

(3) To request and obtain from any department, division, board, bureau, commission, or other agency of the State or of any county, municipality, authority or other political subdivision within the State such assistance and data as will enable it to carry out its powers and duties hereunder;

(4) To accept any federal funds granted, by act of Congress, or by executive order, for all or any of the purposes of this Commission;

(5) To accept any gifts, donations, bequests or grants of funds from private and public agencies for all or any of the purposes of this Commission;

(6) To coordinate the activities of similar councils or boards appointed by any city or county within the State for all or any of the purposes of this Commission;

(7) To create advisory councils necessary for the performance of responsibilities pursuant to this Commission and to appoint members thereto; and

(8) To assist with obtaining permits from any department, division, board, bureau, commission or other agency of the State or from any county, municipality, authority, or other political subdivision within the State for applicants interested in motion picture and television production within the State.

(g) The Commission shall prepare and implement programs to promote a motion picture and television industry within the State. Such programs shall include, but not be limited to:

(1) The preparation and distribution of promotional and informational materials pointing out desirable locations within the State, explaining the benefits and advantages of producing within the State, and detailing the services available at the state and local level and within the industry;

(2) Facilitating cooperation from local, state and federal government agencies and private-sector groups in regard to applications, locations, production and ancillary facilities;

(3) Cooperating with all sections of management and labor engaged in the motion picture and television industry; and

(4) Appearing on its own behalf before boards, commissions, departments, or other agencies of municipal, county or state government, or the federal government.

(h) The Division shall be responsible for administrative support.
29 Del. C. § 8020 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8020
§ Â
        8020. 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. § 9124 — Delaware Code / Title 29 / Chapter 91 / Subchapter II / Section 9124
§ Â
        9124. County impact fees.
Status: repealed

(a) County governments may develop and establish impact fees for services for which the county will bear increased costs of development. These areas may include but are not limited to:

(1) Water and sewer construction;

(2) Libraries;

(3) Fire-house construction; and

(4) Emergency services.

(b) [Repealed.]
29 Del. C. § 4802 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4802
§ Â
        4802. State Lottery Office.
Status: in_force

A State Lottery Office shall exist as part of the Department of Finance and shall be administered by a Director responsible for the operation of a state lottery. The net proceeds of the state lottery shall be placed in the General Fund of the State.
29 Del. C. § 8235 — Delaware Code / Title 29 / Chapter 82 / Section 8235
§ Â
        8235. Division of Communications.
Status: in_force

There is hereby established, within the Department of Safety and Homeland Security, a Division of Communications with duties, powers and responsibilities as defined.

(1) The Division of Communications shall:

a. Possess the technical expertise to maintain the state radio communications equipment for the State;

b. Plan, coordinate and monitor the procurement of radio systems and associated equipment for the State;

c. Perform such other duties in connection with the radio communications activities of the state government as may be directed by the Governor, the General Assembly, or the Chief Justice or as may be required by existing or future state or federal statute; and

d. Cooperate with the Office of Management and Budget, Department of Technology and Information in the preparation of the statewide communications budget.

(2) Charges; Communications Revolving Fund. — a. Out-of-pocket expenses for parts, materials and other goods, used for installation, repair and maintenance of communications facilities, equipment and services, shall be charged to and paid by the using agency through the use of an intergovernmental voucher as described in the State’s Budget and Accounting Policy Manual. Moneys received by the Division of Communications under this chapter shall be deposited in a special fund, to be known as the “Communications Revolving Fund,” which shall not revert at the end of any fiscal year. The Communications Revolving Fund shall be for the purpose of buying parts, materials and other goods required for installation, repair and maintenance of communications facilities, equipment and services.

b. The size of the Communications Revolving Fund shall be reviewed annually by the Director of the Office of Management and Budget, and if deemed excessive to the needs of the Division of Communications, the excess shall be reverted to the General Fund of the State.

(3) Extension of service to others. — Pursuant to written agreements of terms and conditions and subject to payment of charges as determined in accordance with Chapter 65 of this title, the Division of Communications may, but is not required to, extend the services defined in paragraph (1) of this section, as applicable and reasonable to local municipalities, towns and the counties and any and all agencies thereof, and volunteer fire, rescue and ambulance companies operating and chartered in the State. Any such extension of services shall be subject to availability of resources and secondary to the needs of state government. So long as authorized general funded personnel do not depreciate below the Fiscal Year 2006 level, the Division of Communications may provide volunteer fire, rescue and ambulance companies operating and chartered in the State with the same level of 800 MHz service provided to state agencies. Moneys received as payment for these services shall be deposited in the Communications Revolving Fund.

(4) Restriction of use. — a. State communications activities shall not be used for any purposes other than the business of the State, nor in any manner not in accordance with this chapter, except in an emergency.

b. Communications transmitted or received by state communications activities shall be the privileged information of the sender and receiver and interception and use of such communications by an unauthorized third party is in violation of federal law, and shall be in violation of the purpose and intent of this chapter; provided, that this shall not prohibit the sender or receiver from releasing such communications to others or to the public if necessary or desirable; and provided, further that the Governor shall have the power to direct the release of such communications if the Governor deems such action to be in the best interest of the State.
29 Del. C. § 5202 — Delaware Code / Title 29 / Chapter 52 / Section 5202
§ Â
        5202. Payment of premium; maximum state share; proration ratio.
Status: in_force

(a) (1) The maximum state share for a regular officer or employee and for an eligible spouse and child dependents who are not eligible for Medicare is as follows:

a. Ninety-six percent of the premium for the basic individual, individual and spouse, individual and child, or family health care insurance plan.

b. Ninety-five percent of the premium for a consumer-directed health plan for individual, individual and spouse, individual and child, or family.

c. Ninety-three and one-half percent of the premium for an HMO plan for individual, individual and spouse, individual and child, or family.

d. Eighty-six and three-quarter percent of the premium for a comprehensive PPO plan for individual, individual and spouse, individual and child, or family.

e. Beginning January 1, 2006, employees identified under Title 14 who are receiving a short-term disability benefit for a period greater than 90 days under § 5253(b) of this title and have exhausted all of their paid leave, the maximum state share is an amount equivalent to that provided under paragraphs (a)(1)a. through (a)(1)d. of this section.

(2) The maximum state share for an eligible pensioner who is not eligible for Medicare is the maximum state share under paragraph (a)(1) of this section.

(3) The maximum state share for an eligible pensioner who is eligible for Medicare is 95% of the premium if paragraph (a)(4) of this section does not apply.

(4) The maximum state share for an eligible pensioner who is eligible for Medicare is 100% of the premium for any of the following:

a. An eligible pensioner receiving a disability pension.

b. An eligible pensioner who is a primary survivor receiving a survivor’s pension under § 8372(b) of Title 11 due to the death in the line of duty of the employee.

c. An eligible pensioner who was first employed before July 1, 1991.

d. An eligible pensioner who retired on or before July 1, 2012.

(b) (1) For purposes of this section:

a. 1. “Prorated state share” means the dollar amount that the State pays for a plan on behalf of a regular officer or employee or an eligible pensioner.

2. The “prorated state share” is the product of multiplying the proration ratio with the maximum state share.

b. 1. “Proration ratio” means the percentage applied to the maximum state share.

2. The “proration ratio” for eligible pensioners is based on when the eligible pensioner was first employed and the number of years the eligible pensioner had been employed as a regular officer or employee at the time of retirement.

(2) The proration ratio is 100% for all of the following:

a. A regular officer or employee and for an eligible spouse and child dependents.

b. An eligible pensioner receiving a disability pension.

c. An eligible pensioner who is a primary survivor receiving a survivor’s pension under § 8372(b) of Title 11 due to the death in the line of duty of the employee.

d. An eligible pensioner who was first employed before July 1, 1991.

(3) For eligible pensioners not included under paragraph (b)(2) of this section:

a. For eligible pensioners who were first employed by the State on or after July 1, 1991, and before January 1, 2007, the proration ratio is as follows:

1. Less than 10 years, 0%.

2. At least 10 but less than 15 years, 50%.

3. At least 15 but less than 20 years, 75%.

4. Twenty or more years, 100%.

b. For eligible pensioners who were first employed by the State on or after January 1, 2007, and before January 1, 2025, the proration ratio is as follows:

1. Less than 15 years, 0%.

2. At least 15 but less than 17.5 years, 50%.

3. At least 17.5 but less than 20 years, 75%.

4. Twenty or more years, 100%.

c. For eligible pensioners who were first employed on or after January 1, 2025, and who are subject to mandatory retirement, the proration ratio is as follows:

1. Less than 15 years, 0%.

2. At least 15 but less than 17.5 years, 50%.

3. At least 17.5 but less than 20 years, 75%.

4. Twenty or more years, 100%.

d. For eligible pensioners who were first employed on or after January 1, 2025, and who are not subject to mandatory retirement, the proration ratio is as follows:

1. Less than 15 years, 0%.

2. At least 15 but less than 20 years, 50%.

3. At least 20 but less than 25 years, 75%.

4. Twenty-five or more years, 100%.

(c) If the employee or pensioner is covered in any way by a group insurance program issued by the same insurer, duplicate coverage shall not be procured by the State; however, it shall be at the employee’s or pensioner’s option as to whether to be covered by the state group insurance plan or by a program of the spouse. If covered by a program of the spouse, the employee or pensioner shall obtain no monetary credit or rebate from the State.

(d) For the purposes of this chapter, eligible employees who were each first employed as a regular officer or employee by the State on or before December 31, 2011, and legally married on or before December 31, 2011, may each qualify as a regular officer, employee, or eligible pensioner of the State. In the case where 2 members of a family qualify, the options are as follows:

(1) The 2 employees, or each eligible pensioner, and all eligible dependents may elect to enroll under 1 family contract.

(2) Each employee, or each eligible pensioner, may elect to enroll under a separate contract. Eligible dependents may be enrolled under either contract, but no dependent shall be enrolled more than once under the state health insurance program.

(3) The provisions of this paragraph shall continue to apply to a surviving spouse for employee only or employee and children contracts after the death of 1 of the spouses covered pursuant to this paragraph has occurred, as long as the surviving spouse is entitled to a survivor’s pension pursuant to § 5528 of this title.

(4) Effective July 1, 2012, to December 31, 2017, if the 2 employees enroll under an employee and spouse or family contract, there shall be a $25 per month charge to the employee who enrolls for the coverage. If the employees choose to enroll in separate plans, employee only and employee and children contracts, either the employee cost share premium or a $25 per month charge shall apply to both contracts, whichever is less. If employee and spouse are eligible pensioners where 1 or both retire on or after July 1, 2012, and before July 1, 2017, only 1 $25 per month charge shall apply when separate contracts are required for a Medicare Supplement Plan.

(5) Effective January 1, 2018, if the 2 employees or non-Medicare pensioners enroll under an employee and spouse or family contract, the employee or non-Medicare pensioner who enrolls for the coverage shall be charged 50% of the employee or non-Medicare pensioner cost share premium per month, or $25 per month, whichever is greater. If the employees or non-Medicare pensioners choose to enroll in separate plans, employee only and employee and children contracts, each employee or non-Medicare pensioner shall be charged 50% of the employee or non-Medicare cost share premium per month, or $25 per month, whichever is greater for the plans chosen.

a. If both spouses are eligible pensioners and 1 is not yet Medicare eligible, the non-Medicare pensioner will enroll under a pensioner only or pensioner and children contract and the Medicare pensioner will enroll in the Medicare Supplement Plan. The non-Medicare pensioner shall be charged 50% of the cost share premium, or $25 per month, whichever is greater.

b. If 1 spouse is a regular officer or employee and 1 spouse is a Medicare eligible pensioner, the regular officer or employee who enrolls for employee and spouse or family coverage shall be charged 50% of the employee cost share premium. If the employee and Medicare eligible spouse choose to enroll in separate plans, each employee and Medicare eligible pensioner shall be charged 50% of the employee and Medicare Supplement Plan cost share premium per month, or $25 per month, whichever is greater for the plans chosen.

c. If both spouses are Medicare eligible and 1 or both retired on or after July 1, 2017, only one 50% cost share premium or $25 per month, whichever is greater, shall apply when separate contracts are required for a Medicare Supplement Plan.

d. If both spouses are Medicare eligible and both retired after July 1, 2012, and before July 1, 2017, each Medicare eligible pensioner shall be charged $25 per month premium when separate contracts are required for a Medicare Supplement Plan.

(6) In no case shall there be a monetary credit or return to the spouse for that spouse's basic credits.

(e) If a regular officer or employee is required to pay any portion of the cost of the health-care insurance for regular officer's or employee’s own self, spouse or dependents, the regular officer or employee may enter into a written agreement with the State whereby that regular officer or employee agrees to reduce the regular officer's or employee's own salary in an amount equal to the portion of the health-care insurance that the regular officer or employee is required to pay.

(f) Subsection (e) of this section shall not be effective until implementation has been approved by the State Treasurer, Secretary of Finance, Director of the Office of Management and Budget and Controller General.

(g) Salary reductions voluntarily taken pursuant to subsection (e) of this section shall not affect the compensation used in the calculation of pension benefits under any state pension plan and shall be made on a pretax basis, provided that employees who had designated employee deductions on a posttax basis as of July 1, 2000, shall continue to have the right to make those deductions on a posttax basis as long as the employee remains in a benefit program or the employee makes a change to pretax employee benefit deductions.

(h) A survivor who is receiving a deceased pensioner's retirement benefits in accordance with the State Employees’ Pension Plan under Chapters 53 and 55 of this title, the State Police Pension Plan under subchapter II and subchapter III of Chapter 83 of Title 11, the Pension Plan for State Judiciary under Chapter 56 of this title shall only be entitled to coverage for the survivor and any “eligible child dependent” as defined in § 5201 of this title.
29 Del. C. § 5017 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5017
§ Â
        5017. Misnomer of Office in donation [Transferred].
Status: in_force

Transferred to § 8717A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5615 — Delaware Code / Title 29 / Chapter 56 / Section 5615
§ Â
        5615. Adjustment of benefits.
Status: in_force

Benefits provided under the revised and closed plans shall be adjusted in the same manner as benefits provided under Chapter 55 of this title.
29 Del. C. § 2718 — Delaware Code / Title 29 / Chapter 27 / Section 2718
§ Â
        2718. Local Government Investment Pool.
Status: in_force

(a) The governing body or investing authority of a local government, meaning any city, town or county in Delaware, may pay moneys of the local government or organization into the Local Government Investment Pool which shall be in the custody of the State Treasurer. The State Treasurer shall invest the funds in the same manner and the same types of investments and subject to the same limitations provided for the deposit and investment of state funds. Funds of the local governments may be combined with funds of the State while invested in the Pool.

(b) The State Treasurer shall adopt such rules as are necessary for the administration of this Investment Pool including specification of minimum amounts which may be paid into the Pool and minimum periods of time for which such payments shall be retained in the Pool. Administrative expenses shall be handled by the Office of the State Treasurer. Earnings shall be equitably prorated among the local governments in the Pool based upon the amount and length of time the moneys are on deposit in the Pool.

(c) Local government accounts shall remain confidential while in the custody of the State Treasurer. Public records available through the local government will be sufficient public record of the funds on deposit with the Local Government Investment Pool.
29 Del. C. § 6102A — Delaware Code / Title 29 / Chapter 61 / Section 6102A
§ Â
        6102A. Twenty-First Century Fund Investments Act.
Status: repealed

(a) This section shall be referred to as the “Twenty-First Century Fund Investments Act of 1995,” hereinafter referred to as “the Act.”

(b) (1) A special fund of the State is created in the Department of Finance to be known as the “Twenty-First Century Fund.” The Secretary of Finance shall transfer the initial $35,000,000 payment received from the settlement with New York in the Delaware v. New York, 507 U.S. 490, 113 S. Ct. 1550, 123 L. Ed. 2d 211 (1993) litigation from the General Fund to the Twenty-First Century Fund. The Secretary of Finance shall deposit upon receipt the remaining proceeds from the settlement with the State of New York less expenses relating to the litigation. The Secretary of Finance shall also deposit amounts received as “distributions held by financial intermediaries” as that term is defined in § 1198(3) of Title 12 [repealed] for a full period of dormancy prior to January 1, 1988, and which had not been deposited into the State’s General Fund as of April 1, 1994. The General Assembly at any time may appropriate additional moneys to the Twenty-First Century Fund.

(2) Moneys from the Twenty-First Century Fund shall be expended for Delaware’s citizens by making long-term investments to enhance the State’s infrastructure and economic development, and for improving the quality of life.

(3) The Twenty-First Century Fund shall be invested by the State Treasurer in securities consistent with the investment policies established by the Cash Management Policy Board. All income earned, and gains realized from the sales of such securities, shall be reinvested in the Twenty-First Century Fund. Losses from any sales of securities shall be charged to the Twenty-First Century Fund.

(4) No money shall be expended from the Twenty-First Century Fund except pursuant to an appropriation incorporated in the State’s Bond and Capital Improvements Act or the annual Appropriations Act.

(5) To the extent cash available in the Twenty-First Century Fund is insufficient to pay the costs authorized for expenditure from the Twenty-First Century Fund, funds may be advanced from either the Bond and Capital Improvements Act or the General Fund, but must be subsequently reimbursed as the Twenty-First Century Fund’s invested moneys become available.

(6) The transfer of funds appropriated from the Twenty-First Century Fund shall be approved and administered by the Secretary of Finance. Such expenditures shall be made only upon the satisfaction of the specific requirements established by law to govern expenditures for these purposes. Unexpended cash balances in the Twenty-First Century Fund Account and Project Accounts shall be interest-earning and such interest shall be credited to the Fund Account, except as provided for in subsection (e) of this section and in § 5423 of Title 30.

(c) Open space. — (1) Investment income from the Land and Water Conservation Trust Fund Endowment Account shall generate funds for local outdoor recreation, park, and trail projects administered under § 5423 of Title 30 and § 8017A [repealed] of this title and state stewardship projects administered under § 5423 of Title 30.

(2) For purposes of match, state funds appropriated for the Community Transportation Fund shall qualify as matching contributions for outdoor recreation, park, and trail projects as described in § 5423 of Title 30 and § 8017A [repealed] of this title.

(3) Notwithstanding any other provision of the Delaware Code, a portion of the investment income generated from the Land and Water Conservation Trust Fund Endowment for outdoor recreation, park, and trail projects as described in § 5423 of Title 30, and § 8017A [repealed] of this title may be used to fund administrative costs that are necessary to administer this chapter.

(d) Farmland preservation. — (1) A special fund appropriation account is hereby created in the Department of Agriculture to be known as the “Farmland Preservation Account.” The sum appropriated from the Twenty-First Century Fund for Farmland Preservation shall be used to support purchase of development rights in accordance with the provisions of §§ 913-918 of Title 3 to preserve quality farmland and ensure the continued viability of Delaware’s agricultural industry.

(2) The Secretary of Agriculture is authorized to expend funds appropriated from the Twenty-First Century Fund for Farmland Preservation under the following conditions and terms:

a. Funds of up to $1 million shall be transferred, in each fiscal year that moneys are appropriated for farmland preservation, to the farmland preservation account upon the request of the Secretary of Agriculture for expenditures sufficient to purchase development rights as approved by the Aglands Preservation Foundation.

b. Additional amounts appropriated from the Twenty-First Century Fund for Farmland Preservation shall be transferred to the Farmland Preservation Account upon the transmittal of a letter of certification from the Secretary of Agriculture and the Chair of the Aglands Preservation Foundation to the Secretary of Finance demonstrating matching contributions of a total of at least a 1 (non-State) to 4 (State) ratio per fiscal year. Matching contributions shall be defined as donations of cash, land, development rights to land and/or discounted land values, referred to as donations on bargain sales. Only contributions received subsequent to July 11, 1995, shall qualify as matching contributions.

(3) Of the funds transferred for the Farmland Preservation Program, the following shall be used for the expenses of the Agricultural Lands Preservation Foundation:

a. Up to $150,000 may be used for the operating expenses of the Agricultural Lands Preservation Foundation and may be held in an interest-bearing account.

b. Up to $350,000 may be used to pay the costs of mapping, legal services and other related costs required to create agricultural district agreements and the costs of appraisals of all eligible properties, and shall be exempt from matching requirements and may be held in an interest-bearing account.

c. The Foundation shall designate $3,000,000 in each county to be applied as a 1:1 match of county funds designated for the purchase of preservation easements. In order to qualify such county funds must be transferred to the Delaware Agricultural Lands Preservation Trust Fund. The combination of such funds shall be used to purchase easements from those properties which have applied to the Foundation within said county, or in an area of the county designated in writing by the county, according to the procedures of the Foundation. Where joint funds are used, the county and the Foundation must mutually agree as to the easements purchased. Any county funds not fully utilized in such purchases shall be returned to the county and such funds of the State as are not fully utilized in such purchases shall revert to the Foundation’s pool of funds available for preservation easements statewide.

(e) Parks endowment. — A special fund appropriation account is hereby created in the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, to be known as the “Parks Endowment Account.” It is the intent of the General Assembly that the sum appropriated from the Twenty-First Century Fund for the Parks Endowment Account shall be known as the “principal” and shall remain intact. The Parks Endowment Account shall be invested in a manner consistent with endowment investment guidelines as approved by the Cash Management Policy Board. The Department of Natural Resources and Environmental Control may expend up to 5 percent annually, on a 5-year rolling average, of the value of the Parks Endowment Account for capital-related purposes, including minor capital improvements, to preserve the quality of the State’s parks system and enhance recreational opportunities.

(f) Neighborhood revitalization. — (1) A special fund appropriation account is hereby created in the Division of Small Business to be known as the “Neighborhood Revitalization Account.” The sum appropriated from the Twenty-First Century Fund for Neighborhood Housing Revitalization shall be used to create a program to be administered according to guidelines and procedures developed by the Council on Housing and the State Housing Director to expand affordable housing opportunities for families and improve entire communities through the rehabilitation of existing houses. The Account shall serve as a revolving account and shall be eligible to receive loan repayments.

(2) The Council on Housing and the State Housing Director shall develop a competitive process to approve applications for the rehabilitation of housing in existing neighborhoods and, in connection therewith, shall develop criteria to assess the relative housing needs of such neighborhoods. The State Housing Director shall review and recommend applications for the approval of the Council on Housing. Special consideration shall be given in the application approval process for communities which demonstrate a comprehensive approach to revitalization. Application guidelines for investment property owners shall be more stringent than guidelines for owner occupants, and shall include both rent and tenant income restrictions for the life of the loan or lien.

(3) The Council on Housing and State Housing Director shall coordinate its program and procedures with the planning objectives of the Cabinet Committee on State Planning issues.

(4) The Council on Housing and the State Housing Director shall be required to submit a strategic plan containing the guidelines and procedures for the administration of the program to the Joint Legislative Committee on Capital Improvement Programs by October 1, 1995. No funds shall be expended from the Neighborhood Revitalization Account until the Joint Legislative Committee on Capital Improvement Programs has reviewed and approved the plan.

(5) Upon the request of the State Housing Director subsequent to approval of an application in accordance with this subsection, funds appropriated from the Twenty-First Century Fund for Neighborhood Revitalization shall be transferred to the Neighborhood Revitalization Account for expenditures sufficient to make such loans or grants.

(g) Water and wastewater infrastructure. — (1) To ensure that Delaware has the water and wastewater treatment infrastructure necessary to preserve its environment, provide its citizens with clean drinking and recreational waters and permit economic growth, funds appropriated from the Twenty-First Century Fund shall be expended to improve the State’s water and wastewater infrastructure.

(2) A special fund appropriation account is hereby created in the Department of Natural Resources and Environmental Control, Division of Water to be known as the “Infrastructure Planning Account.” The Planning Account shall be dedicated to the development of comprehensive municipal and county plans. Such plans shall include municipalities and counties’ needs for water facilities and for wastewater facilities under the direction of the Water Infrastructure Advisory Council. Grants from the Planning Account shall be issued pursuant to guidelines and procedures developed by the Cabinet Committee on State Planning Issues, which guidelines and procedures shall give preference to applicants which intend to develop comprehensive municipal plans and to coordinate such plans with their counties’ plans and state development policies. To be eligible for funding, a municipality or county seeking such grant must commit to provide a 50 percent matching contribution. Upon request from the Secretary of Natural Resources and Environmental Control, subsequent to the approval of a project in accordance with this subsection, funds of up to a total of $2 million shall be transferred to the Account for expenditures sufficient to fund the state share of such project.

(3) A special fund appropriation account is hereby created in the Department of Natural Resources and Environmental Control, Division of Water, to be known as the “Wastewater Management Account.” The Management Account shall be expended to create a state revolving loan/grant management account to enhance and supplement public and private wastewater financing. The Water Infrastructure Advisory Council shall set affordability standards for wastewater projects under the direction of the Secretary of Natural Resources and Environmental Control for the use of these moneys and establish an appropriate review and approval process. Upon the request of the Secretary of Natural Resources and Environmental Control, the Secretary of Health and Social Services and the Secretary of Finance subsequent to approval of a wastewater project in accordance with this subsection, funds shall be transferred to the Account for expenditures sufficient to fund the state share of such project. The Secretary of Natural Resources and Environmental Control is authorized to expend funds appropriated from the Twenty-First Century Fund for Wastewater Infrastructure from the Management Account.

There shall be transferred to the Delaware Water Pollution Control Revolving Fund an amount to be determined in accordance with this subparagraph upon both: (i) a determination by the Secretary of Finance and the Secretary of Natural Resources and Environmental Control that there has been enacted a federal Clean Water Reauthorization Act or the federal Fiscal Year 1995 grant of the federal Clean Water Act [33 U.S.C. § 1251 et seq.] has been awarded to the State; and (ii) a request for transfer of funds from the Secretary of Natural Resources and Environmental Control of an amount sufficient to serve as the required state match for the federal/state program.

(4) A special fund is created in the Department of Health and Social Services, Division of Public Health, to be known as the “Drinking Water Management Account.” The Management Account shall be expended to create a state revolving loan/grant management account to enhance and supplement public and private water financing. The Water Infrastructure Advisory Council shall set affordability standards for drinking water projects under the direction of the Secretaries. The Water Infrastructure Advisory Council shall make recommendations and only approve drinking water projects for funding where private sector alternatives have been explored and it is both economical, and in the public interest to do so and meets a public health need. Upon the request of the Secretary of Health and Social Services, subsequent to approval of a water project in accordance with this subsection, funds shall be transferred to the Account for expenditures sufficient to fund the state share of such project. The Secretary of Health and Social Services is authorized to expend funds appropriated from the state revolving fund for water infrastructure from the Management Account.

There shall be transferred to a special fund account, established by the Director of the Office of Management and Budget, an amount to be determined in accordance with this subparagraph upon both: (i) a determination by the Secretary of Finance and the Secretary of Health and Social Services that there has been enacted amendments to the federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.] to provide federal funding for water infrastructure projects; and (ii) a request for transfer of funds from the Secretary of Health and Social Services of an amount sufficient to serve as the required state match for the federal/state program. Upon such federal approval, the Department of Health and Social Services shall have the authority to administer the state revolving loan fund so as to comply with the requirements of the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., as amended.

(h) Resource conservation and development. — (1) A special fund appropriation account is hereby created in the Department of Natural Resources and Environmental Control, Division of Watershed Stewardship to be known as the “Resource Conservation Account.” Funds appropriated from the Twenty-First Century Fund for Resource Conservation and Development shall be dedicated to improve the health of communities by addressing a variety of statewide watershed and drainage issues consistent with the policies of the Cabinet Committee on State Planning Issues.

(2) On or before April 1 of each year, the Department of Natural Resources and Environmental Control, Division of Watershed Stewardship in concurrence with local conservation districts shall establish an application process which includes a definition of eligible match; and shall prioritize and recommend a list of projects to the Joint Legislative Committee on Capital Improvement Programs.

(3) A funding match shall be required of at least 25 percent for resource, conservation and development projects approved by the Joint Legislative Committee on Capital Improvement Programs.

(4) Upon the approval of a list of projects by the Joint Legislative Committee on Capital Improvement Programs and upon the request of the Secretary of the Department of Natural Resources and Environmental Control, funds appropriated from the Twenty-First Century Fund for Resource Conservation and Development shall be transferred to the Resource Conservation Account for expenditures sufficient to fund the State share of such projects.

(5) The Department of Natural Resources and Environmental Control shall submit a quarterly report detailing program activity.

(6) [Repealed.]

(i) Community redevelopment. — (1) A special fund appropriation account is hereby created in the Office of Management and Budget to be known as the “Community Redevelopment Account.” Funds appropriated from the Twenty-First Century Fund for Community Redevelopment shall be used for community redevelopment, revitalization and investment capital projects which will improve the economic, culture, historical and recreational health of Delaware communities.

(2) The Joint Legislative Committee on the Capital Improvement Program (“the Committee”) shall adopt policies and procedures to implement this subsection following the receipt of recommendations by the Office of Management and Budget and Office of the Controller General, including the establishment of an application process, rules for project administration, rules for applicant eligibility and rules for project eligibility. Such rules shall include and define the State match and non-State match requirements. Upon the receipt and review of applications by the Office of Management and Budget with the assistance of the Office of the Controller General, the Committee shall select from the among applicants for the award of funds from the Community Redevelopment Account.

(3) Funds shall only be expended from the Community Redevelopment Account to match funds provided by county and local governments, community-based nonprofit organizations or private sector contributions for such capital projects. Not more than 60 percent of the Account funds shall be awarded to community-based nonprofit applicants and no more than 40 percent of the Account funds shall be awarded to county and local governments. Funds from the Account shall only be expended to provide a state match of not more than 40 percent of project costs. Nonprofit organizations shall have to have been operating for a minimum of 2 years to be considered for Account funds.

(4) No state agency or institution of higher education shall be eligible for funds from the Community Redevelopment Account.

(5) Upon the request of the Co-chairs of the Committee and the Director of the Office of Management and Budget, funds appropriated from the Twenty-First Century Fund for Community Redevelopment shall be transferred to the Community Redevelopment Account to fund projects in accordance with the provisions of this subsection.

(6) The Committee and the Cabinet Committee on State Planning Issues shall receive a list of projects funded and their status on a quarterly basis from the Office of Management and Budget.

(j) Educational technology. — (1) A special fund appropriation account is hereby created in the Delaware Center for Educational Technology to be known as the “Educational Technology Account.” Funds appropriated from the Twenty-First Century Fund for Educational Technology shall provide computer and telecommunications technology to Delaware’s classrooms by wiring schools and funding other 1-time capital-related projects. The Educational Technology Account shall support the goal of providing schoolchildren with the skills necessary to meet the State’s academic achievement standards and to succeed in the workforce of the Twenty-First Century.

(2) The Delaware Center for Educational Technology shall be authorized to expend funds appropriated from the Twenty-First Century Fund for Educational Technology upon the following conditions and terms. Funds shall be transferred to the Educational Technology Account upon the written request of the Chair of the Delaware Center for Educational Technology for capital-related expenses incurred to provide technology to Delaware’s classrooms. The Chair of the Delaware Center for Educational Technology shall transfer an amount not to exceed $900,000 from funds appropriated from the Twenty-First Century Fund for Educational Technology to the State Board of Education for contractual services and the design and development of educational software resources for the network to meet the instructional and informational needs of educators and students.

(3) Beginning in Fiscal Year 1997 and each subsequent Fiscal Year thereafter, a funding match of at least a 1 (non-state) to 1 (state) ratio shall be required to receive funds appropriated from the Twenty-First Century Fund for Educational Technology. Non-state matching funds shall be defined as a sum of money from sources other than state funds. Non-state match received after July 1, 1995, shall qualify as funding match. Funds may be drawn down from the Educational Technology account prior to matching funds being available.

(4) Except for $500,000 for engineering studies, consulting and planning activities and an amount not to exceed $900,000 for contractual services and design of software resources for the network in the first fiscal year of the enactment of this section, no funds shall be expended pursuant to this subsection unless the Delaware Center for Educational Technology Board has provided a strategic plan, which shall include an expenditure plan for such funds, to the Governor, General Assembly and the State Board of Education no later than 6 months after the establishment of the Center. The Joint Legislative Committee on Capital Improvement Programs shall review and approve such plan. Subsequent to the year of enactment of this section, the Board shall be required to provide an updated strategic plan for the Center’s activities to the Governor, General Assembly and the State Board of Education on or before September 1 of each year.

(5) The fund is directed to reimburse the self-insurance fund for the cost of wiring the Dickinson High School.

(k) Diamond State Port Corporation. — (1) A special fund appropriation account is hereby created in the Department of State to be known as the “Port Account.”

(2) The Corporation as defined in subchapter II of Chapter 87 of this title shall be authorized to expend funds appropriated from the Twenty-First Century Fund for Port of Wilmington-related projects and facilities only upon the following conditions and terms:

a. The Corporation has been established and its directors nominated and confirmed; and

b. The Secretary of State, Secretary of Finance and Director of the Office of Management and Budget have approved a lease or lease/purchase or purchase agreement between the Corporation and the City of Wilmington; and

c. Funds which in any fiscal year in the aggregate do not exceed $2 million shall be transferred from the Twenty-First Century Fund to the Port Account upon the written request of the Chair of the Corporation. For funds to be transferred from the Twenty-First Century Fund to the Port Account which in any fiscal year in the aggregate exceed $2 million, a request by resolution shall be passed by 7 of 9 of the directors of the Corporation, which resolution certifies that the request is in compliance with the Corporation’s legislative purpose and function, and shall be transmitted by the Chair of the Corporation to the Secretary of Finance.
29 Del. C. § 6938 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6938
§ Â
        6938. Purchase of recycled, reusable and recyclable products.
Status: in_force

(a) The State shall have as a goal the maximum feasible purchase of recycled content products and reusable or recyclable products, and the maximum feasible percentage of postconsumer recycled content in its purchases. For any item that is being purchased by the State and for which the U.S. Environmental Protection Agency has developed a Comprehensive Procurement Guideline as required by § 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. § 6962), it shall be a goal of the State to purchase that item with a recycled content that meets or exceeds the EPA guideline standards.

(b) Prior to initiating a request for procurement of any product, an agency shall review its existing specifications for such product to determine whether recycled content products or reusable or recyclable products are directly or indirectly excluded. The agency must eliminate any such exclusion from its specifications, unless it can demonstrate in writing to the satisfaction of the agency head that the exclusion is either:

(1) Operationally necessary;

(2) Legally mandated; or

(3) Necessary to avoid excessive cost. — Excessive cost shall be defined as when the recycled product cost is greater than 5% of the equivalent virgin product cost. Such costs shall include lifecycle costing analysis as defined by §§ 6902 and 6909A(b) of this title.

(c) When requesting any purchase of a product for which the U.S. EPA has established a Comprehensive Procurement Guideline, an agency is required to buy the specified product unless the agency can demonstrate in writing to the satisfaction of the agency head that a product meeting the standards either:

(1) Is not available competitively;

(2) Is not available within a reasonable time frame;

(3) Does not meet appropriate performance standards; or

(4) Is available only at an excessive cost as defined in paragraph (b)(3) of this section.

(d) There is established an interagency work group comprised of 1 representative from the Office of Management and Budget, the Department of Natural Resources and Environmental Control, the Department of Transportation and the Department of Health and Social Services. This work group shall be known as the State Materials Recycling Team (SMRT) and its members shall be appointed by the respective Department heads. The Chair of the SMRT will be selected by the team’s membership. The work group’s primary purposes shall be:

(1) To educate state agencies about recycling and to promote the purchase of recycled products as called for in this subsection;

(2) To develop a methodology for tracking purchases made in accordance with this section;

(3) To review and assess State agency recycling practices; and

(4) To report to the Governor and the General Assembly on an annual basis its findings and conclusions with respect to the above purposes.
29 Del. C. § 6334 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6334
§ Â
        6334. Contents of budget plan to be submitted upon completion of review; zero-based budgeting.
Status: in_force

(a) Upon the completion of the review and revision of estimates of all the agencies of the State, the Director of the Office of Management and Budget shall submit to the Governor an itemized plan for the proposed expenditures of each agency of the State, classified by function and character, and of the estimated revenues and expenditures, for the ensuing fiscal year. Opposite each item of the proposed expenditures the budget shall show, in separate parallel columns, the amounts appropriated for the current fiscal year and the actual expenditures of the immediate preceding fiscal year.

(b) Accompanying the report submitted to the Governor, the proposed budget as prepared by the Director of the Office of Management and Budget shall include:

(1) A statement of the revenues and expenditures for the preceding fiscal year, classified and itemized in accordance with the official budget classification;

(2) A statement of the classified sources of state taxes and other state revenues, together with total amount of revenue derived from each source during the preceding annual period;

(3) A statement setting forth the total funds required to meet the budget for the ensuing fiscal year, together with any proposed plan for financing these requirements and measures, if any, which the Governor may deem necessary or advisable in relation to state revenue;

(4) Such other statements or data as the Governor may think are necessary for a thorough understanding of the State’s financial condition and requirements.

(c) The proposed budget plan, as prepared by the Director of the Office of Management and Budget, shall be in the format of a zero-based budget. The characteristics of such format shall include:

(1) The designation of appropriate budget units within all agencies of the State. Such budget units shall consist of a limited coherent group of closely related activities and services falling within a single, currently established agency of the State.

(2) The designation of various alternate levels of activity or service within each budget unit. Each service or activity level shall specify: The proposed expenditure necessary to operate at that level; a concise description of the services or functions to be provided; indicators of quantity and quality of performance of these services or functions and the number, classes and dollar amounts of employees required. Alternative levels of activity or service may vary the quality, the quantity or propose an alternative method of providing a given level or service. At minimum, each budget unit shall indicate at least two activity or service levels. Additional activity or service levels may be proposed if deemed appropriate.

(d) The proposed budget plan under this section shall include the appropriations to the OPEB Fund required under § 5544(c)(2) of this title.

(e) The requirement to submit a budget in the zero-based format is waived for those agencies which will be part of the strategic planning and budgeting process.
29 Del. C. § 4850 — Delaware Code / Title 29 / Chapter 48 / Subchapter II / Section 4850
§ Â
        4850. Short title.
Status: in_force

This compact shall be known and may be cited as the “Tri-State Lotto Compact.”
29 Del. C. § 7907 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7907
§ Â
        7907. Delaware Residentsâ Protection Commission.
Status: in_force

(a) (1) There is established a Delaware Residents’ Protection Commission. The Commission’s purpose is to monitor the quality of care, quality of life, and safety provided to Delaware’s residents of monitored facilities in both privately-operated and state-operated facilities, and to ensure that the appropriate oversight agencies respond in a timely manner to complaints of abuse, neglect, mistreatment, financial exploitation, and other claims.

(2) As used in this chapter:

a. “Commission” means the Delaware Residents’ Protection Commission.

b. “Monitored facility” means, collectively, a nursing facility, as “nursing facility” is defined in § 1102 of Title 16; an assisted living facility, as “assisted living facility” is defined in § 1102 of Title 16; and a secured memory care unit, as “secured memory care unit” is defined in § 1102 of Title 16.

c. “Secretary” means the Secretary of the Department of Health and Social Services.

(b) The Commission is staffed by an Executive Director and supporting staff, who are responsible for ensuring that the Commission fulfills its purpose. The Executive Director may speak on behalf of the Commission, consistent with the Commission’s purpose.

(c) The Commission consists of the following members:

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

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

(3) Six members serving by virtue of position, or a designee appointed by the member, as follows:

a. The Attorney General.

b. The Executive Director of the Community Legal Aid Society, Inc.

c. The Executive Director of the Delaware Health Care Facilities Association.

d. The Executive Director of the Delaware Healthcare Association.

e. The President of LeadingAge New Jersey/Delaware.

f. The Director of State Government Affairs, Delaware, of the Alzheimer’s Association, Delaware Valley Chapter.

(4) Seven members appointed by the Governor as follows:

a. One member who is a resident or a family member of a resident of a monitored facility.

b. Three members, 1 from each county, who work or have worked in a monitored facility.

c. One member who is a health-care professional.

d. Two members who are each an advocate for individuals with disabilities, the elderly, or both.

(d) A member who may select a designee must select the designee only from that member’s organization, to serve in the member’s stead and at the member’s pleasure. The member must provide the designation to the Chair in writing. A designee has the same duties and rights as the member the designee represents.

(e) Membership on the Commission must be geographically distributed so that there are members from each of the 3 counties.

(f) (1) The members that the Speaker and the President Pro Tempore appoint serve at the pleasure of their appointing authorities.

(2) The term of a member that the Governor appoints is 3 years; however, the Governor may appoint 1 or more members under paragraph (c)(4) of this section for a term of less than 3 years to ensure that terms are staggered.

(3) A member who is absent from 3 consecutive commission meetings or 4 out of 12 consecutive meetings is deemed to have resigned, and the member’s appointing authority may accept the member’s resignation.

(g) The members of the Commission shall elect a Chair.

(h) A majority of members must be present at a commission meeting in order to have quorum and conduct official business. A vacant position is not counted for purposes of quorum. A motion by the Commission is approved upon the affirmative vote of a majority of members who are present at the meeting.

(i) The Commission may adopt rules and bylaws necessary for its operation.

(j) The Commission, as operated within the limitation of the annual appropriation and any other funds the General Assembly appropriates, provides staff for the Commission. The Commission may seek grant funding to provide staff for the Commission and support the Commission’s purpose.

(k) The Department of Justice shall provide legal advice to the Commission.

(l) The Commission shall meet, at a minimum, on a quarterly basis. The Commission may hold a virtual meeting under Chapter 100 of Title 29 (Freedom of Information Act), except that, for purposes of a commission meeting, “anchor location” means a physical location within the geographical jurisdiction of the Commission that is open to the public and at which 1 or more commission members or a member of the Commission’s staff is present.

(m) The Commission’s duties include all of the following:

(1) Examining policies and procedures and evaluating the effectiveness of the quality assurance and improvement system for residents of monitored facilities, including the respective roles of the Department of Health and Social Services, the Department of Justice and law-enforcement agencies, health-care professionals, and monitored facility providers.

(2) Monitoring data and analyzing trends in the quality of care, quality of life, and the safety of residents of monitored facilities.

(3) Reviewing and making recommendations to the Governor, Secretary, and the General Assembly concerning the quality assurance and improvement system and improvements to the overall quality of life, quality of care, and safety of residents of monitored facilities.

(4) Protecting the privacy of residents of monitored facilities, including complying with the guidelines for confidentiality of records that the Division of Health Care Quality establishes.

(5) Promoting coordination among programs and services established for or related to monitored facilities.

(6) Providing education and recommending policies aimed at improving the quality of care, quality of life, and safety of residents of monitored facilities.

(n) Subcommittees. —

The Commission may form subcommittees as necessary to carry out the Commission’s work.

(1) The Commission and its subcommittees may hear testimony and gather information and advice from non-commission members.

(2) A subcommittee may act on behalf of the Commission, consistent with the Commission’s purpose.

(o) The Commission shall prepare and publish an annual report to the Governor, Secretary, the General Assembly, and the Director and the Librarian of the Division of Legislative Services. The annual report must include at least all of the following:

(1) Aggregate data with analysis and monitoring of trends in the quality of care, quality of life, and safety of residents of monitored facilities.

(2) Findings and recommendations from each monitored facility visit.

(3) A summary of each recommendation and correspondence made to the Department of Health and Social Services, the Governor, the General Assembly, and other stakeholder organizations. The correspondence must be redacted to remove information that is not deemed a public record under § 10002 of this title.

(4) Summary of the Commission’s review of relevant legislation, including the Commission’s position on legislation and regulations affecting residents of monitored facilities.

(5) Advocacy efforts and goals for the upcoming year.

(6) Summary of the Executive Director’s duties, including the percentage of time devoted to each duty.

(p) Members of the Commission serve without compensation. However, members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission.
29 Del. C. § 10006A — Delaware Code / Title 29 / Chapter 100 / Section 10006A
§ Â
        10006A. Open meetings; virtual meetings; reasonable accommodations for members with a disability.
Status: in_force

(a) A public body shall allow a member of the public body with a disability to attend a meeting of the public body through the use of an electronic means of communication, instead of being required to attend in-person at a physical location, as a reasonable modification under § 4504 of Title 6 or a reasonable accommodation under § 723 of Title 19, unless it imposes an undue burden. A member attending a meeting through the use of an electronic means of communication as a reasonable modification or reasonable accommodation is considered present for all purposes as if the member is physically attending, including for quorum and voting.

(b) At the discretion of the chair or presiding officer, a public body may allow the public to monitor or provide public comment through the use of an electronic means of communication at any meeting.

(c) A public body may hold a virtual meeting if all of the following occur:

(1) The meeting notice under § 10004 of this title includes information regarding how the public can monitor or participate in the meeting under paragraph (c)(6) of this section.

(2) The meeting has an anchor location.

(3) The identity of a member or witness is verified, and the actions of a member are authenticated, in a manner satisfactory to the presiding officer or chair.

(4) All participating members and witnesses can simultaneously do 1 of the following regarding each member or witness who is recognized by the presiding officer or chair:

a. Hear the comments of each member or witness.

b. Hear the comments of and view each member or witness.

(5) A document used during the meeting by a member or witness, and that is accepted by the presiding officer or chair, is immediately provided to each member or witness participating in the meeting and made available to the public under § 10003 of this title.

(6) Except during an executive session under § 10004 of this title, the public is able to do all of the following through an electronic means of communication:

a. Monitor the meeting.

b. Provide public comment, if the public body is required to accept, or provides an opportunity for, public comment.

(7) Minutes of the virtual meeting are maintained under § 10004 of this title.

(d) (1) All actions taken during a virtual meeting conducted under this section have the same legal effect as if the members were physically present at the same location.

(2) For the purposes of determining quorum for a virtual meeting, a member participating in a virtual meeting is considered present as if the member were physically present at the meeting.

(3) For the purposes of voting during a virtual meeting, a member participating in a virtual meeting is able to vote as if the member were physically present at the meeting.

(4) A technological problem that prevents or limits public access otherwise required under this chapter does not invalidate a virtual meeting or an action taken at a virtual meeting.

(e) During a state of emergency, a public body may hold a virtual meeting at which members participate through the use of an electronic means of communication without an anchor location if, in addition to the requirements under subsection (c) of this section, all of the following occur:

(1) The virtual meeting is preceded by the same public notice as required under § 10004 of this title, except that notice of the public meeting does not need to be conspicuously posted at the principal office of the public body holding the meeting or where meetings of the public body are regularly held.

(2) If all of the members of the public body are elected by the public to serve on the public body, all of the following must occur:

a. A document that is used during the meeting by a member or witness, and that is accepted by the presiding officer or chair, is immediately transmitted to each member or witness participating in the meeting.

b. The public is able to review a recording of the meeting within a reasonable time after the meeting concludes.

(f) If necessary to prevent a public health emergency, as defined in § 3132 of Title 20, the Governor may issue an executive order allowing public bodies to hold virtual meetings at which all members may participate through the use of an electronic means of communication without an anchor location. A virtual meeting held under this subsection must comply with the requirements under subsection (e) of this section.
29 Del. C. § 10501 — Delaware Code / Title 29 / Chapter 105 / Section 10501
§ Â
        10501. Short title.
Status: in_force

This chapter may be cited as the “Delaware Governmental Accountability Act.”
29 Del. C. § 8304 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8304
§ Â
        8304. Division of Accounting.
Status: repealed

The Division of Accounting is established which shall:

(1) Audit, inspect and examine the accounts, affairs and records of any agency of this State at such times as it deems expedient for the supervision of fiscal affairs;

(2) Reject all bills, statements, accounts, and demands against the State which do not conform with such controls as are adopted by the State’s financial management and prescribed in the accounting manual;

(3) Prepare the form or format to be used in making out accounts or statements of indebtedness. Such forms or formats shall contain a notice that no account or statement of indebtedness thereon shall be valid unless an order or requisition authorizing such account or statement of indebtedness has been prepared in accordance with policies prescribed in the accounting manual;

(4) Report to the General Assembly, the Attorney General and the Director of the Office of Management and Budget in writing any irregular, illegal or improper financial administration or transaction;

(5) In addition to the foregoing, the Division of Accounting shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Director of the Office of Management and Budget pursuant to §§ 6511 [repealed], 6512(b), (c) and (e), 6515 (except the last sentence of subsection (d)), 6516, 6517, 6518, 6520(b) and (c), 6521, 6522, 6523, 6524, 6525 [repealed], 6526 [repealed] and 6527 of this title.
29 Del. C. § 7403 — Delaware Code / Title 29 / Chapter 74 / Section 7403
§ Â
        7403. Notes.
Status: in_force

In anticipation of the issuance of bonds, the issuing officers may issue and sell notes of the State at either public or private sale for not less than par and accrued interest, at a rate to be determined by the issuing officers. Such notes may be issued for a period of not exceeding 1 year and may be renewed from time to time for periods not exceeding 1 year but all such notes, including renewals, shall mature and be paid from sources, including the proceeds of bonds, but other than the proceeds of notes, not later than 4 years after their initial date of issuance. No notes shall be issued in excess of the amount of bonds authorized and unissued in anticipation of which the notes are issued. All other terms, forms and contents of such notes shall be determined by the issuing officers subject to this chapter.
29 Del. C. § 6051 — Delaware Code / Title 29 / Chapter 60A / Section 6051
§ Â
        6051. Purpose.
Status: in_force

The purpose of this chapter is to create a vehicle through which all employees of the State may, on a voluntary basis, provide for additional retirement income security through a program of deferred compensation. The deferred compensation program provided by this chapter shall be in addition to any retirement or other benefit program provided by law for employees of the State.
29 Del. C. § 6534 — Delaware Code / Title 29 / Chapter 65 / Section 6534
§ Â
        6534. Revenue estimates.
Status: in_force

(a) The Governor shall submit to all members of the General Assembly and the Controller General an estimate of anticipated General Fund revenues by major categories for the current and next immediate fiscal year. Such report shall be made not later than October 25, December 25, March 25, May 25, and June 20.

(b) (1) Anticipated General Fund revenue estimate figures must be reported as net, i.e., anticipated refunds for overpayments of taxes and fees required by Delaware state law must be subtracted by major categories for the current and next immediate fiscal year from gross estimates of anticipated General Fund revenues.

(2) The Secretary of Finance shall report such revenue refund disbursements on all financial statements issued by the Department of Finance. Further, estimates of fiscal year revenues and disbursements prepared by the Delaware Economic and Financial Advisory Council (or its successor entity) shall follow this procedure.

(3) The Delaware Economic and Financial Advisory Council shall review the report described in § 8305(6)b. of this title and shall, based on such review and any other information as the Council deems appropriate, approve by majority vote no later than May 25 of the year following the issuance by the Division of Revenue of the report an estimate of the revenue loss to the State caused by tax preferences as that term is defined in § 8305(6) of this title.
29 Del. C. § 7915A — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7915A
§ Â
        7915A. Appointments to advisory commissions, boards and committees involved with the elderly.
Status: in_force

The Governor, when making appointments to any advisory commission, board or committee, created by this chapter, which does or may have jurisdiction over or advisory status with state assisted activities for the elderly, shall appoint at least 1 senior citizen. For the purpose of this section a senior citizen shall be a person who was 62 years of age or more on his or her last birthday.
29 Del. C. § 6960 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6960
§ Â
        6960. Prevailing wage requirements.
Status: repealed

(a) The specifications for every contract or aggregate of contracts relating to a public works project in excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration, repair, renovation, rehabilitation, demolition or reconstruction (including painting and decorating of buildings or works) to which this State or any subdivision thereof is a party and for which the State appropriated any part of the funds and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Delaware Department of Labor, Division of Industrial Affairs, to be prevailing in the county in which the work is to be performed. As of January 1, 2016, the Delaware Department of Labor, Division of Industrial Affairs shall establish the prevailing wage for each respective craft or class of laborers and mechanics at the same rates established in collective bargaining agreements between labor organizations and their employers, or when collective bargaining agreement rates do not prevail, that govern work of a similar nature and similar crafts or classes of laborers and mechanics for the county where the public works contract will be performed if that particular labor organization’s collective bargaining rate prevailed and they participated in the survey, for that particular trade or craft in that particular county for 4 consecutive years. When collective bargaining rates do not apply, the prevailing wage shall be the highest rate of the 4 years. If the agreed rate of pay is designated to be the craft’s collective bargaining agreement, the annual rate adjustment will be determined by the collective bargaining agreement rate for each craft and county, each year. When collective bargaining rates do not prevail, the annual rate adjustment shall be the Consumer Price Index-Construction. If the prevailing wage cannot be reasonably and fairly determined in any locality because no such agreements exists or the collective bargaining rate has not prevailed for 4 consecutive years the Department shall use the prevailing wage as established by the Department’s annual prevailing wage survey. There will be a 1-time challenge of the prevailing wage rate per cycle as in the Department regulations.

For each respective craft or class of laborers or mechanics, the craft or class whose collectively bargained wages as of January 1, 2015, for that particular labor organization’s collective bargaining rate prevailed for that particular trade or craft in that particular county is the prevailing wage rate and whose rate has prevailed for 4 of the last 5 years, or will prevail in the future for 4 consecutive years, shall have their collective bargaining agreement adopted as the prevailing wage rate negotiated by industry standards between workers and employers and the raise be determined by the collective bargaining agreement rate as of September 1 for that craft, county, and year.

All other provisions of this law are to remain unchanged.

(b) Every contract based upon these specifications must contain a stipulation that the employer must pay all mechanics and laborers employed directly upon the site of the work or engaged in any custom fabrication work, regardless of where the work is performed, unconditionally and not less often than once a week and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the specifications, regardless of any contractual relationship which may be alleged to exist between the employer and such laborers and mechanics. The specifications must further stipulate that the scale of wages to be paid must be posted by the employer in a prominent and easily accessible place at the site of the work, and that there may be withheld from the employer so much of accrued payments as may be considered necessary by the Department of Labor to pay to laborers and mechanics employed by the employer the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and rates of wages received by such laborers and mechanics to be remitted to the Department of Labor for distribution upon resolution of any claims.

(c) Every contract based upon these specifications shall contain a stipulation that sworn payroll information, as required by the Department of Labor, be furnished weekly. The Department of Labor shall keep and maintain the sworn payroll information for a period of 6 months from the last day of the work week covered by the payroll.

(d) The Department of Labor shall investigate all claims that the prevailing wage rates as provided for under this section are not being or have not been paid. Upon finding that an employer has not paid or is not paying the prevailing wage rates, the Department of Labor shall notify the employer of the violations by certified mail and make an effort to obtain compliance. Upon failure to obtain compliance within 15 days of receipt of said certified mail, the Secretary may terminate all rights of the employer to proceed with the work under the public construction contract, and the employer shall be responsible for all damages resulting therefrom.

(e) Any employer who knowingly fails or refuses to pay the prevailing wage rates provided for under this section, or who fails to submit payroll reports or post notice of the wage rates which apply to the project shall, for each such violation, be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. No public construction contract in this State shall be bid on, awarded to or received by any contractor or subcontractor or any person, firm, partnership or corporation in which such employer has an interest who, within 2 years after entry of a judgment pursuant to this chapter, is adjudicated in violation of this chapter in a subsequent proceeding until 3 years have elapsed from the date of the subsequent penalty judgment. A civil penalty claim may be filed in any court of competent jurisdiction.

(f) Any laborer or mechanic employed by any employer, or the Department of Labor on behalf of any laborer or mechanic employed by any employer, who is paid in a sum less than the prevailing wage rates provided for under this section shall have a right of action against the employer in any court of competent jurisdiction to recover treble the difference between the amount so paid and the prevailing wage rate. Such action may be brought by the Department of Labor in the name and for the benefit of the laborer or mechanic with or without an assignment of the claim from the employee and upon notice to the aggrieved employee, the Department of Labor shall have the power to settle and adjust any such claim to the same extent as would the aggrieved employee. It shall not be a defense to such action that the underpayment was received by the laborer or mechanic without protest. Upon the filing of an action under this section, the employer shall post suitable bond approved by the court for the damages which may be recoverable thereunder. Any judgment entered for plaintiff shall include an award for reasonable attorney’s fees and costs of prosecution. The Department of Labor shall not be required to pay the filing fee or other costs of the action or fees of any nature to file bond or other security of any nature in connection with such action or with proceedings supplementary thereto or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings. The Department shall have the authority to join various claimants in 1 preferred claim lien and, in case of suit, to join them in 1 cause of action.

(g) Any wages collected under this chapter, but not claimed by the employee within 1 year from the date of collection, shall be retained by the Department of Labor for enforcement purposes.

(h) No action to recover wages and damages under this section shall be brought after the expiration of 2 years from the accruing of the cause of action.

(i) Whenever any person shall contract with another for the performance of any work which the contracting person has undertaken to perform, the contracting person shall become civilly liable to employees engaged in the performance of work under such contract for the payment of wages, exclusive of treble damages, as required under this section, whenever and to the extent that the employer of such employees fails to pay such wages, and the employer of such employees shall be liable to such person for any wages paid by the employer under this section. If pursuant to this subsection a person becomes civilly liable to employees of another, such liability shall not constitute a violation of this section for purposes of the termination, civil penalty and debarment provisions of subsections (d) and (e) of this section.

(j) A contract manager shall be responsible for monitoring compliance with this section, but shall not become civilly liable to the same extent as the contracting person. For purposes of this section, “contract manager” means any person who performs the function of the contracting person without becoming a party to the contract of performance, but rather contracts with the recipient of the goods or services to act as the recipient's agent. A contract manager who knowingly fails or refuses to monitor compliance with this section shall, for each such failure or refusal, be subject to a civil penalty of not less than $100 nor more than $500. A civil penalty claim under this subsection may be filed in any court of competent jurisdiction. A contract manager’s liability for a civil penalty pursuant to this subsection shall not constitute a violation of this section for purposes of the termination, civil penalty and debarment provisions of subsections (d) and (e) of this section.

(k) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department pursuant to this chapter, or because that employee has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or has testified or is about to testify in any such proceedings, shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(l) [Repealed.]

(m) None of the specifications of this section shall apply to a project of the Department of Transportation wholly funded by Community Transportation Funds. None of the specifications of this section shall apply to a project wholly funded by the Municipal Street Aid Program authorized pursuant to Chapter 51 of Title 30.
29 Del. C. § 9151 — Delaware Code / Title 29 / Chapter 91 / Subchapter V / Section 9151
§ Â
        9151. Findings; purpose.
Status: in_force

The efficient and effective planning for capital projects and services that benefit Delaware’s citizens must rely upon the best technical information available in order to anticipate demographic and population trends. The Delaware Population Consortium is created to do all of the following:

(1) Create a single set of population projections for the State because it would be detrimental to have different entities developing competing sets of projections for their own purposes.

(2) Create a single set of population projections with a long-term horizon of 30 years to be beneficial for long-term capital planning.

(3) Use a single methodology that can be refined over time.

(4) Establish a regular annual release date for the population projections to provide consistent and predictable information for entities that rely upon the projections.

(5) Conduct ongoing review of the population projections.

(6) Create population projections that cover a consistent set of geographic areas including the State, each county, and each incorporated municipality.
29 Del. C. § 331 — Delaware Code / Title 29 / Chapter 3 / Section 331
§ Â
        331. 9/11 Remembrance Flag.
Status: in_force

(a) The 9/11 Remembrance Flag is designated as the symbol of our State’s concern and commitment to remembering all of the lives lost as a result of the terrorist attacks of September 11, 2001. Among those lost were members of the military, police, fire, and other rescue and first-response personnel acting in the line of duty. Each year on September 11, schools are encouraged to offer instruction on the events of that day, and the role of the many military, police, fire, and other rescue and first-response personnel in responding to the attacks.

(b) The chief administrator of each governmental building or facility within this State, as defined in subsection (c) of this section, is encouraged to display the 9/11 Remembrance Flag on September 11 of each year.

(c) For purposes of this section, “governmental building or facility within this State” means the following locations:

(1) The Delaware Legislative Hall, the Office of the Governor and each other Delaware constitutional office, the chambers of the Delaware Senate and the Delaware House of Representatives, the Delaware Supreme Court Building and each Delaware trial courthouse, as well as any official State of Delaware veterans’ memorial, Delaware veterans’ home, or Delaware veterans’ cemetery;

(2) To the extent authorized by federal law and regulation, any United States veterans’ cemetery, veterans’ memorial, post office, or other federal building, as well as any United States Department of Veterans Affairs medical center, veterans service center, and veterans’ community-based outreach center;

(3) Any appropriate local government building or facility, as determined by the governing body of that local government.

(d) This section may not be construed or interpreted to require any employee to report to work solely for the purpose of providing for the display of the 9/11 Remembrance Flag or any other flag.

(e) If a governmental building or facility within this State opts to display the 9/11 Remembrance Flag, the chief administrator of that facility shall prescribe procedures necessary for the display.

(f) The 9/11 Remembrance Flag is permitted to be flown beneath, and is not in place of, the American Flag.

(g) Any named public office or public official may accept a donation of 1 or more 9/11 Remembrance Flags for the purpose of this section.
29 Del. C. § 6337 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6337
§ Â
        6337. Changes in Budget Appropriation Bill by General Assembly; limitation.
Status: in_force

The General Assembly may increase, decrease or eliminate items in the Budget Appropriation Bill in any way that is not contrary to the Constitution of the State, except as hereinafter provided, but neither House shall consider further or special appropriations, except in case of emergency, which fact shall be clearly stated in the appropriation bill therefor, until the Budget Appropriation Bill shall have been finally acted upon by both Houses. No items providing for appropriations for payment of interest or principal due on state debt shall be decreased or eliminated. The total budget appropriation items may not be increased in the aggregate to a point where they would exceed the state revenue from all sources as estimated in the budget.
29 Del. C. § 8734 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8734
§ Â
        8734. Public library collection development policy.
Status: in_force

(a) For purposes of this section:

(1) “Public library” means any library in this State which is open to the public and receives funding from this State or from a county or municipality of this State. “Public library” includes privately incorporated public libraries and county libraries. “Public library” does not include public school libraries, libraries within institutions of higher education, or Department of Correction libraries.

(2) “Library materials” or “material” includes books, periodicals and serials, audio materials, audiovisual materials, instructional materials, maps, databases, government documents, records, photographs, and other similar materials, whether in tangible or electronic form.

(b) This State establishes the following public library collection development principles:

(1) Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the public library serves.

(2) A public library may not exclude or remove material from its catalog because of the origin, background, or views of a person who created the material.

(3) A public library may not exclude or remove material from its catalog because of partisan, ideological, or religious disapproval.

(4) Nothing in this section is intended to override or negate any provision of state law relating to material that is in violation of Title 11, Chapter 5, subchapter VII, Subpart C.

(c) A public library must adopt and follow a written collection development policy for the operation of a library that is consistent with the public library collection development principles established under subsection (b) of this section. The collection development policy must include a procedure for requesting the removal of library material within a public library. In addition, the collection development policy must include the following provisions:

(1) Library materials under review due to an objection must remain available for use by public library patrons until the review process is concluded.

(2) Only a resident, business owner, property owner of the area the public library serves, or a taxpayer of a library district financing a library, may submit an objection to material in that library.

(3) An individual may only submit 1 objection to library material at a time. An individual may submit a second objection to library material after the previous objection has completed the review process, including any appeals.

(d) The governing board or body of a public library may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee or contractor for acting in a manner consistent with the Delaware public library collection development principles under subsection (b) of this section or the collection development policy under subsection (c) of this section.

(e) The Division of Libraries, in cooperation with the Library Consortium, shall develop model policies and procedures that public libraries may use to ensure compliance with this section.

(f) The Division of Libraries may make rules and regulations governing an appeal from a final decision made by a public library regarding a request for removal of library material. The appeals process may include a review by the Delaware Library Consortium Public Libraries Policy Steering Committee or the Council on Libraries. The State Librarian must make the final decision regarding a request for removal of library material from a public library.

(g) Notwithstanding any provision of § 10002 of this title to the contrary, all records relating to material objections, removals, the review process, appeals, and appeal decisions, including the reasons for material removal, if applicable, are considered public records under Chapter 100 of this title.
29 Del. C. § 105 — Delaware Code / Title 29 / Chapter 1 / Section 105
§ Â
        105. Nanticoke Indians; proof of descent; recognition.
Status: in_force

(a) The class of people known as the descendants of the Nanticoke Indians, formerly of Sussex County but at present located in the several counties of this State, who desire to migrate, may appear before any justice of the peace or notary public of this State and, on the evidence and proof that the person belongs to or is a descendant of the Nanticoke Indians, may procure from such justice or notary a certificate reciting such facts.

(b) The descendants of the Nanticoke Indians named in subsection (a) of this section shall be recognized as such within this State.
29 Del. C. § 8404 — Delaware Code / Title 29 / Chapter 84 / Section 8404
§ Â
        8404. Powers, duties and functions of the Secretary.
Status: in_force

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

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

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

a. A Director of the Division of Highway Operations, who shall be known as the Director of Highway Operations and who shall be qualified by training and experience to perform the duties of the office. The Director of Highway Operations shall be, at the time of appointment, a registered professional engineer in this State or qualified for such registration;

b. A Director of the Transportation Authority who shall be qualified by training and experience to perform the duties of the office;

c. An administrator and head of the Office of Administration, who shall be known as the Director of Administration and who shall be qualified by training and experience to perform the duties of the office;

d. A Director of the Division of Motor Vehicles who shall be known as the Director of Motor Vehicles and who shall be qualified by training and experience to perform the duties of the office.

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

(4) To collect and analyze statistical and planning information on all modes of transportation and make studies required to carry out state transportation programs; to coordinate and develop, in cooperation with federal, state, county and local governmental agencies, comprehensive balanced transportation planning, programming and policy for the movement of people and goods within the State; to prepare a statewide master transportation plan that is consistent with the state’s social, economic and environmental needs and goals; and to develop a unified intermodal transportation planning program in cooperation with other planning agencies to fulfill the transportation planning requirements of the federal government;

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

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

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

(8) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof;

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

(10) To adopt an official seal or seals for the Department;

(11) In addition to the Secretary’s other powers, duties and functions, the Secretary shall serve as an ex officio, nonvoting member of the Public Service Commission.
29 Del. C. § 5090 — Delaware Code / Title 29 / Chapter 50 / Subchapter VII / Section 5090
§ Â
        5090. Definitions [Transferred].
Status: in_force

Transferred to § 8790A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5281 — Delaware Code / Title 29 / Chapter 52B / Section 5281
§ Â
        5281. Establishment of fund.
Status: in_force

(a) There shall be established an OPEB Fund, a trust fund, separate and distinct from the funds established under §§ 5541 and 5601 of this title and § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposited, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which the State’s premiums as defined in § 5202(b) of this title shall be paid, and any fees and expenses authorized by the Board shall be paid. No money shall be disbursed from this fund except for the purpose of payment of the State’s premiums for post-retirement health insurance for employees retired under Chapters 55 and 56 of this title and Chapter 83 of Title 11.

(b) The amounts remaining in the trust, if any, after all premiums, fees, and expenses have been paid for any year shall be retained in such trust for future payments until all state liabilities for post-retirement health insurance premium benefits have been satisfied.

(c) This chapter is replacing § 5550 of this title in its entirety.

(d) The trust shall be an irrevocable trust exempt from federal income tax under § 115 of the Internal Revenue Code [26 U.S.C. § 115] and subject to the financial reporting, disclosure and actuarial requirements of Government Accounting Standards Board Statements 43 and 45 or any subsequent Government Accounting Standards Board updates or statements that may be applicable.
29 Del. C. § 4306 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4306
§ Â
        4306. Appointment of notaries for certain service organizations; limited governmental notaries; limitations.
Status: in_force

(a) The Governor may, upon the request of the department commander of a State-recognized veterans’ organization, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, commander or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any veteran, their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered.

(b) The Governor may, upon the request of any administrative head of any volunteer fire company or volunteer ambulance and rescue company, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, chief or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any members of the organizations listed herein to include their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered.

(c) On the request of the administrative head of a qualified police agency, the Governor shall appoint a sufficient number of limited governmental notaries public as may be requested by the administrative head to facilitate the law-enforcement responsibilities of the qualified police agency. The appointment is to be for a term of 2 years, without charge to the appointee, administrative head, or police agency. For purposes of this section, a “qualified police agency” means a state, county, municipal, or local governmental agency or unit of this State whose personnel includes full-time police officers who are statutorily responsible for the prevention or investigation of crime involving injury to persons or property and who are authorized to execute search warrants and to make arrests.

(d) (1) The Governor may appoint as a limited governmental notary public an individual who otherwise meets the requirements of § 4301(b) of this title if all of the following apply:

a. The individual is an employee of a state governmental agency or unit or an employee of a qualified police agency.

b. The individual submits all of the following forms to be established by the Secretary:

1. An application form completed by the individual.

2. An employer request and approval form.

(2) a. An appointment under paragraph (d)(1) of this section expires on the end of the individual’s employment with a state governmental agency or unit or qualified police agency and is to be made without charge to the appointee or the agency or unit or qualified police agency.

b. An individual appointed under paragraph (d)(1) of this section may not do any of the following:

1. Perform a notarial act other than a notarial act authorized by the individual’s state governmental agency or unit or qualified police agency.

2. Charge for a service rendered.

c. Except for the expiration date statement, which must state “My Commission expires upon office” , the individual’s official stamp must comply with § 4330 of this title.

d. If the individual transfers employment to another state governmental agency or unit or qualified police agency, the individual shall notify the Secretary of State of the transfer within 30 days. The individual may retain the appointment only if the individual provides to the Secretary of State an employer request and approval form from the agency or unit or qualified police agency to which the individual transferred.
29 Del. C. § 2310 — Delaware Code / Title 29 / Chapter 23 / Section 2310
§ Â
        2310. Preparation, delivery and accounting of marriage licenses.
Status: in_force

The Department of Health and Social Services, pursuant to § 113 of Title 13, shall prepare and deliver to the clerks of the peace marriage licenses required by law, duly signed and sealed, and shall keep a correct account of the same. The death of any officer authorized to sign marriage licenses for the State shall not void marriage licenses then duly signed by such officer.
29 Del. C. § 8752A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8752A
§ Â
        8752A. Definitions.
Status: repealed

The following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meaning:

(1) “Agricultural business” means any enterprise engaged in raising, preparing or marketing crops, timber, nursery stock, livestock or the like or any related products, and facilities directly related, incidental or subordinate to any of the foregoing.

(2) “Assisted person” means any person, including individuals, firms, partnerships, associations, societies, trusts, public or private corporations, not for profit corporations or other legal entities, including public or governmental bodies as well as natural persons for which a project is undertaken or proposed to be undertaken.

(3) “Authority” means the Delaware Economic Development Authority created by § 8753A of this title.

(4) “Bonds” means bonds, notes or other obligations issued by the Authority pursuant to this subchapter.

(5) “Commercial business” means any enterprise other than an agricultural business or industrial business which may include, but is not limited to, wholesale, retail or other mercantile activities; office buildings; cable television facilities; hotels; motels; shopping centers; department stores; sports facilities; restaurants; convention, auditorium or trade show facilities; tourism and recreational facilities; medical facilities, nursing facilities and facilities for the residence or care of the aged; public transportation facilities; parking facilities; and facilities directly related, incidental or subordinate to any of the foregoing.

(6) “Cost” means, with respect to any project, all costs, whether capital or otherwise, and includes the cost of acquisition, construction, reconstruction, repair, alteration or extension of any building, structure, facility or other improvement; the cost of demolishing, removing or relocating any building, structure, facility or other improvement, including the cost of acquiring any lands to which such building, structure, facility or other improvement may be moved or relocated; the cost of machinery and equipment; the cost of acquisition, construction, reconstruction, repair, alteration, modernization, renovation, rehabilitation, improvement or extension of pollution control devices, equipment or facilities; the cost of land, rights-in-land, easements, privileges, agreements; franchises, utility extension, disposal facilities, access roads and site developments necessary, useful or convenient for any project or in connection therewith; the cost of providing working capital or the acquisition or carrying of accounts receivable, chattel paper or other commercial instruments or inventory; interest prior to, during and for a reasonable period after completion of construction; discount on bonds; costs of issuance of bonds; engineering and inspection costs; costs of financial, legal, professional and other services; organizational, administrative, insurance, operating and other expenses of the Authority or any assisted person prior to and during any acquisition or construction; all such expenses as may be necessary or incident to the financing, acquisition, construction or completion of any project or part thereof; and all provision for reserves for payment or security of principal, premium, if any, or interest on, bonds during or after acquisition or construction of any project as the Authority may determine to be appropriate. Cost with respect to any project financed by state-guaranteed bonds shall not include the cost of providing working capital or inventory.

(7) [Repealed.]

(8) “Exempt person” means a governmental unit or an organization described in § 501(c)(3) of the federal Internal Revenue Code [26 U.S.C. § 501(c)(3)] and exempt from tax under § 501(a) of the federal Internal Revenue Code [26 U.S.C. § 501(a)] but only with respect to a trade or business carried on by such organization which is not an unrelated trade or business, determined by applying § 513(a) of the federal Internal Revenue Code [26 U.S.C. § 513(a)] to such organization.

(9) “Industrial business” means any enterprise other than an agricultural business or commercial business and may include, but is not limited to, industrial parks; public utilities; activities involving the development, production, collection, conversion, storage, conservation or transmission of coal, electricity, gas, oil, steam, water or sources of energy not covered by the foregoing; manufacturing, fabricating or processing activities; research and development activities; docks, wharves, airports; storage, shipping, receiving, warehouse and distribution facilities; and facilities directly related, incidental or subordinate to any of the foregoing.

(10) “Outstanding bonds” means the principal amount of state-guaranteed bonds on which there is principal and interest owing and for which there have not been set aside with a trustee sufficient moneys to pay principal, premium, if any, and interest on such state-guaranteed bonds, which moneys are subject to an irrevocable instruction that they be applied to the payment of principal, premium, if any, and interest on such state-guaranteed bonds when due and payable, whether at maturity or otherwise.

(11) “Pollution control project” means any device, equipment, improvement, structure or facility or any land and any building, structure, facility or other improvement thereon, or any combination thereof, whether or not in existence or under construction, or additions thereto or upgrading thereof, and all real and personal property deemed necessary thereto, having to do with, or the end purpose of which is, the control, abatement or prevention of land, water, air or general environmental pollution in or adjacent to the State, whether by solids, liquids, gases, particulates, radiation, heat, noise or otherwise, including, but not limited to, any air pollution control facility, noise abatement facility, water management facility, wastewater collection system, wastewater treatment works, sewage treatment system or solid waste disposal or resource recovery facility or site.

(12) “Project” means:

a. Acquisition, construction, reconstruction, repair, alteration, improvement, extension or financing of any building, structure or facility whether or not in existence or under construction;

b. Purchase, installation or financing of equipment, machinery and other personal property;

c. Acquisition, improvement or financing of real estate and the extension or provision of utilities, access roads and other appurtenant facilities; or

d. Any other activity (including, without limitation, the providing of working capital or the acquisition or carrying of inventory, accounts receivable, chattel paper or commercial instruments);

any of which are to be used, occupied or undertaken by any assisted person in any enterprise which will tend to maintain or provide gainful employment within the State, including, but not limited to, facilities and activities for industrial business, agricultural business, commercial business or any combination thereof. Project, in addition, shall mean a pollution control project. A project shall not be considered a public work or public improvement for purposes of this subchapter or for purposes of any other law, rule or regulation of the State or any political subdivision thereof.

(13) “Related person” means a person who is a related person under § 144(a)(3) of the Internal Revenue Code of 1986 [26 U.S.C. § 144(a)(3)], as amended.

(14) “Resolution” means any resolution adopted, or trust agreement or other agreement executed, by the Authority pursuant to which bonds are authorized to be issued.

(15) “Revenues” means receipts, fees, rentals, loan repayments or other payments or income derived from the lease, sale or other disposition of a project, the loan of money, the acquisition and sale of loans, moneys or securities in reserve and insurance funds or accounts or other funds and accounts and income from the investment thereof, and fees, charges or other moneys to be received by the Authority in connection with a project.

(16) [Repealed.]

(17) “State-guaranteed bonds” means bonds to which the full faith and credit of the State has been pledged as provided in this subchapter.
29 Del. C. § 4868 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4868
§ Â
        4868. Fees.
Status: in_force

[Transferred to § 2301(d)(3) of Title 30 by 81 Del. Laws, c. 371, § 1, effective August 10, 2018.]
29 Del. C. § 8104 — Delaware Code / Title 29 / Chapter 81 / Section 8104
§ Â
        8104. Division of Consumer Protection.
Status: in_force

The Division of Consumer Protection is established having such powers, duties and functions as may be assigned to it by the Secretary consistent with this chapter.
29 Del. C. § 8525 — Delaware Code / Title 29 / Chapter 85 / Section 8525
§ Â
        8525. Development of employment opportunities.
Status: in_force

The Department of Labor and the Division of Small Business shall be jointly responsible for developing new and improved employment opportunities and coordinating with all other state and local agencies and private organizations in this field. The Governor and the General Assembly shall be kept fully apprised by the Department of Labor and the Division of Small Business of all state, local and private activities in the employment development field.
29 Del. C. § 7994 — Delaware Code / Title 29 / Chapter 79 / Subchapter IX / Section 7994
§ Â
        7994. Oversight Committee.
Status: in_force

The Director shall appoint an Oversight Committee for the program to provide assistance and advice in the oversight of the program. The Committee shall include: 1 representative of law enforcement from each county in Delaware and 1 representative of law enforcement from the City of Wilmington; 1 physician; 1 injecting drug user or former injecting drug user from each county in Delaware and the City of Wilmington, and up to 2 other individuals who the Director determines to be appropriate for appointment; 1 legislator from the Senate appointed by the President Pro Tem and 1 legislator from the House of Representatives appointed by the Speaker of the House; 1 elected official from each county in Delaware and the City of Wilmington; and 1 citizen from each county in Delaware and the City of Wilmington. The Committee shall meet periodically to monitor the progress and effectiveness of the program and to examine data compiled by the program pursuant to § 7995 of this title.
29 Del. C. § 9006 — Delaware Code / Title 29 / Chapter 90 / Section 9006
§ Â
        9006. Major organizational units created.
Status: in_force

The following Divisions and other major organizational units are hereby created within the Department of Services for Children, Youth and Their Families:

(1) The Division of Family Services which shall be responsible for the provision of child protective, placement, treatment, prevention, adoption and related services;

(2) The Division of Prevention and Behavioral Health Services which shall be responsible for the provision of prevention, outpatient and residential mental health, and drug and alcohol treatment services for children and youth;

(3) The Division of Youth Rehabilitative Services which shall be responsible for the provision of detention, institutional care, probation, aftercare and prevention services for children and youth;

(4) The Division of Management Services which shall be responsible for administering and coordinating fiscal affairs, record keeping, personnel, accounting and purchasing, and other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department;

(5) The Office of Case Management which shall be responsible for monitoring case management among the divisions within the Department. This Office shall have the authority to assign case management responsibility to one of the service divisions whenever necessary;

(6) The Office of Prevention which shall have the responsibility for providing training, public education and consultation services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health disorders and drug and alcohol abuse among children and youth.