29 Del. C. § 5258 — Delaware Code / Title 29 / Chapter 52A / Section 5258
§ Â
        5258. Appeals.
Status: in_force

The carrier shall notify a participating employee of its determination of the employee’s eligibility for short-term disability benefits in writing by certified mail, return receipt requested, within 10 days of the carrier’s determination. Within 90 days of the postmark date of the carrier’s written notice of its determination, an aggrieved participating employee may appeal any denial of disability benefits by filing a written petition setting forth with particularity the grounds for appeal with the carrier. The carrier shall have the authority to reverse all or any part of its initial decision to deny benefits and shall notify the employee, the employing organization and Division of Statewide Benefits in writing by certified mail, return receipt requested within 10 days of the carrier’s determination.

Within 20 days of the postmark date of the carrier’s determination of appeal an aggrieved participating employee may file a second-level appeal of denial of disability benefits by filing a written petition setting forth with particularity the grounds for second appeal, with the Appeals Administrator, who shall conduct an informal review, and who shall have the authority to reverse all or any part of the decision of the carrier to deny benefits. The Appeals Administrator or designee, shall issue a final written decision and shall mail it to the employee by certified mail, return receipt requested, within 30 days of speaking with the employee. The Committee shall designate an officer of the Division of Statewide Benefits to act as the Appeals Administrator.

If the Appeals Administrator affirms the carrier’s decision to deny disability benefits or any part thereof, an aggrieved employee may appeal to the Committee within 20 days of the postmark date of the notice of the determination from the Appeals Administrator by filing a written petition with the Committee setting forth with particularity the grounds for appeal. The Committee may designate an appropriate officer of the Department of Human Resources as a hearing officer to hear evidence presented by the participating employee or, in its sole discretion, it may decide to hear the appeal directly. The Committee or hearing officer, as the case may be, shall determine whether the determination to deny benefits complies with the applicable disability plan adopted by the Committee. The hearing officer and/or Committee shall have all of the following powers in respect to the conduct at the hearing:

(1) To issue subpoenas and administer oaths in any preceding. Any subpoena process or order or any notice or paper requiring service shall be sent by certified mail, return receipt requested;

(2) To examine persons as witnesses, take evidence, require the production of documents, and do all other things pursuant to law which are necessary to determine the appeal. In proceedings before the Committee or its hearing officer, if any person neglects to produce any pertinent document, neglects or refuses to appear after having been subpoenaed, refuses to testify or be examined, disobeys or resists any lawful order or process, or intentionally obstructs the hearing, the Committee shall certify facts under the signature of its chairperson or the hearing officer to any judge of the Superior Court, which judge shall there upon hear evidence as to the acts complained of. The judge shall, if the judge deems the evidence so warrants, issue an order requiring such persons to testify or produce documents or otherwise comply with the requirements of the Committee, as the case may require. Refusal to comply with the order of the Court shall constitute contempt of Court;

(3) Where the Committee assigns the matter to the hearing officer, the hearing officer shall decide the matter and prepare a report containing the findings of fact, and conclusions of law, within 60 days of the hearing, and shall transmit the report, with the full record of the hearing, to the Committee.

(4) The Committee may accept or modify the hearing officer’s final report, and shall notify the parties of its action by certified mail, return receipt requested within 60 days.

(5) If the Committee elects to hear the matter directly and not to assign it to the hearing officer, it shall issue its final decision containing findings of fact and conclusions of law, within 60 days of the hearing, and shall notify the parties of its action by certified mail, return receipt requested.

(6) The Committee’s final action may be appealed to the Superior Court within 30 days after it is mailed to the parties by the Committee. The appeal shall be on the record.
29 Del. C. § 5542 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5542
§ Â
        5542. Board of Pension Trustees.
Status: in_force

The Board of Pension Trustees, established by § 8308 of this title, shall be responsible for the general administration of this chapter in accordance with Chapter 83 of this title.
29 Del. C. § 5217 — Delaware Code / Title 29 / Chapter 52 / Section 5217
§ Â
        5217. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, Â 5].
Status: in_force

(a) As used in this section:

(1) “Breast magnetic resonance imaging” or “breast MRI” means a diagnostic tool, including standard and abbreviated breast MRI, that uses radio waves and magnets to produce detailed images of structures within the breast. A breast MRI may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.

(2) “Breast ultrasound” means a noninvasive diagnostic tool that uses high-frequency sound waves and their echoes to produce detailed images of structures within the breast. A breast ultrasound may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.

(3) “Cost-sharing requirement” means a deductible, coinsurance, or copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.

(4) “Diagnostic breast examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:

a. To evaluate an abnormality seen or suspected from a screening examination for breast cancer.

b. To evaluate an abnormality detected by another means of examination.

(5) “Mammogram” means a diagnostic or screening mammography exam using a low-dose X-ray to produce an image of the breast.

(6) “Supplemental breast screening examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:

a. To screen for breast cancer when there is no abnormality seen or suspected in the breast.

b. Based on personal or family medical history or additional factors that may increase the individual’s risk of breast cancer.

(b) The plan shall provide coverage for diagnostic breast examinations and supplemental breast screening examinations. The terms of such coverage, including cost-sharing requirements, shall be no less favorable than the cost-sharing requirements applicable to screening mammography for breast cancer.
29 Del. C. § 5922 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5922
§ Â
        5922. Probation.
Status: in_force

(a) The rules shall provide for a period of probation before appointment or promotion is made complete and during which period a probationer may be discharged or reduced in class or rank. Probationary employees shall be entitled to receive an appropriate performance report or reports during the probationary period, providing warning of any poor performance.

(b) If the probationary employee’s services were unsatisfactory, the probationary employee shall be dropped from the payroll, except in the case of promotional probation in which case the probationer shall be handled per applicable merit rules. If the probationary employee’s services were satisfactory or no action taken within the probationary period, the appointment shall be deemed permanent. The determination of the appointing authority shall be final and conclusive.
29 Del. C. § 571 — Delaware Code / Title 29 / Chapter 5 / Subchapter III / Section 571
§ Â
        571. Establishment of State Museum.
Status: in_force

The Department of State may establish and maintain under its jurisdiction a division to be known as the Delaware State Museum to be located in the City of Dover.
29 Del. C. § 10205 — Delaware Code / Title 29 / Chapter 102 / Section 10205
§ Â
        10205. Committee rules and regulations.
Status: in_force

The Committee may adopt rules or regulations necessary to carry out the activities and goals of this chapter.
29 Del. C. § 704 — Delaware Code / Title 29 / Chapter 7 / Section 704
§ Â
        704. Powers respecting elections and election contests.
Status: repealed

(a) (1) The Senate may compel the delivery of ballot boxes to the Senate and, for that purpose, may order and cause the arrest of the sheriff or other person having custody of the ballot boxes and punish as a contempt the failure to deliver the ballot boxes.

(2) The House of Representatives may compel and enforce the delivery of ballot boxes to the House as the Senate may by the process under paragraph (a)(1) of this section.

(b) When there is a vacancy in either House of the General Assembly when that House of the General Assembly is in session, the Presiding Officer of the House in which the vacancy exists shall issue a writ of election to fill the vacancy, as prescribed by Chapter 71 of Title 15.

(c) [Repealed.]

(d) If the election or eligibility of a member of the Senate or House of Representatives is contested under subchapter I of Chapter 59 of Title 15, the President of the Senate or Speaker of the House of Representatives, as the case may be, shall issue a writ to order the payment of costs by the contestant under § 5908 of Title 15.
29 Del. C. § 9006E — Delaware Code / Title 29 / Chapter 90E / Section 9006E
§ Â
        9006E. Investigative procedures.
Status: in_force

(a) (1) The Inspector General may initiate an investigation or may act on receipt of a complaint. Complaints may be made by any individual or entity.

(2) The Inspector General may not investigate complaints from employees that relate to their employment relationship with the state agency, unless the complaint is directly related to fraud, waste, mismanagement, corruption, or any other abuse of governmental resources that harms the public interest under § 9005E(a)(1) of this title.

(b) (1) The Inspector General may decline to investigate a complaint as provided by the rules adopted under this chapter.

(2) If the Inspector General does not investigate a complaint, the Inspector General shall notify the complainant of the decision not to investigate the complaint and the reason for that decision.

(c) The Inspector General may refer a complainant, and others, to appropriate resources, agencies, or departments.

(d) The Inspector General may not levy a fee for the submission or investigation of a complaint.

(e) The Inspector General must remain neutral and impartial and may not act as an advocate for the complainant or for the state agency.

(f) The Inspector General shall adhere to professional standards for initiating and conducting investigations, such as the Principles and Standards for Offices of Inspectors General promulgated by the Association of Inspectors General.

(g) (1) At the conclusion of the investigation of each complaint, the Inspector General shall issue a public decision, including recommendations, on the merits of the complaint.

(2) If the complaint is about an employee of an agency or contractor and the investigation found no evidence of wrongdoing, the public decision may not contain the name of the individual investigated without the written permission of that individual.

(3) a. Before announcing a decision, the Inspector General shall do all of the following:

1. Consult with the state agency, and, as appropriate, the state employee or contractor thereof, regarding the decision.

2. Provide an opportunity for each person contacted under this paragraph (g)(3)a. to respond to the decision.

b. Paragraph (g)(3)a. of this section does not allow a person consulted by the Inspector General before an announcement to hinder, prevent, or delay the Inspector General’s announcement of a decision.

(4) The public decision must not contain information that is confidential under § 9008E of this title, unless any of the following apply:

a. The information is necessary to support the decision and any recommendations resulting from an investigation.

b. If wrongful acts or omissions are found, the Inspector General shall describe the acts or omissions and identify in the decision the individuals who committed those acts or omissions.

(5) The Inspector General must provide the basis for a recommendation that a state agency do any of the following:

a. Consider the matter further.

b. Modify or cancel an action.

c. Alter a rule, practice, or decision.

d. Explain in detail the administrative action in question.

e. Rectify an omission.

(6) The Inspector General must communicate the decision as follows:

a. To the complainant.

b. To the state agency investigated, and as appropriate, the employee or contractor investigated.

c. On the Inspector General’s website.

(7) If the investigation finds that there has been or continues to be a significant problem regarding fraud, waste, mismanagement, corruption, or any other abuse of governmental resources that harms the public interest, the Inspector General must communicate the decision to the Department of Justice and the other recipients of the annual report under § 9009E(a) of this title.

(h) If requested by the Inspector General, the state agency must, within the time specified, inform the Inspector General about any action taken on a recommendation or the reasons for not following a recommendation.

(i) If the Inspector General believes, based on the investigation, that there has been or continues to be evidence of a crime, the Inspector General must report the finding to the Department of Justice and any other appropriate law-enforcement agency.

(j) If the Department of Justice does not file a civil action to address the problem reported under paragraph (g)(7) of this section, the Inspector General may pursue a civil action for a violation of law or policy.
29 Del. C. § 3806 — Delaware Code / Title 29 / Chapter 38 / Section 3806
§ Â
        3806. Compensation.
Status: in_force

All members of the Commission and any subcommittees established under the Commission shall serve without compensation.
29 Del. C. § 8057 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8057
§ Â
        8057. Green Energy Fund [Effective until July 16, 2028].
Status: in_force

(a) (1) The Department of Natural Resources and Environmental Control (DNREC) shall transfer 30% of all alternative compliance payments and solar alternative compliance payments made into the Green Energy Fund to the Low Income Home Energy Assistance Program. A transfer under this paragraph is not included in calculations under this section relating to total money deposited or spent from the Green Energy Fund.

(2) The State Energy Office shall administer moneys in the Green Energy Fund, in consultation with other offices within DNREC and the Division of the Public Advocate, through a program of environmental incentive grants and loans for the development, promotion and support of energy efficiency programs and renewable or alternative energy technology in the State.

(b) The State Energy Office shall establish standards, procedures and regulations governing the administration of the Green Energy Fund which are not inconsistent with this subchapter. Up to 7.5% of the moneys deposited in the Green Energy Fund each year may be used for administration of the Fund, and an additional 2.5% of the moneys may be used for outreach activities including marketing, advertising and workshops.

(c) The goals which shall guide use of the Green Energy Fund include:

(1) Fostering use of energy efficient, renewable and environmentally friendly energy technologies throughout the State in the residential, commercial, industrial, public and agricultural sectors;

(2) Promoting research, development and demonstration projects in the fields of energy efficiency and renewable energy technologies;

(3) Advocating green public policy initiatives;

(4) Establishing and supporting education and public awareness programs;

(5) Pursuing community outreach programs;

(6) Supporting the development of green industries and generators in the State;

(7) Encouraging the construction, maintenance and operation of green buildings, schools and residential developments; and

(8) Creating market incentives for the pursuit of renewable energy resources by energy providers in the State.

(d) The Green Energy Fund shall be used for programs in Delaware including, but not limited to:

(1) The Green Energy Endowment Program:

a. The Green Energy Endowment Program shall provide cash grants from the Green Energy Fund to customers that have constructed, purchased, leased or who have executed a power purchase agreement for renewable energy technology and have placed such renewable energy technology in service.

b. Any 1 cash grant for any 1 project shall be no more than is necessary to promote deployment of renewable energy technologies. The level of incentive shall be set by the Secretary, in consultation with the Sustainable Energy Utility Oversight Board, and may be amended from time to time to respond to market conditions.

c. Persons eligible for cash grants under the Green Energy Endowment Program shall include:

1. Persons in Delaware receiving services from Conectiv, or its successor, after the adoption of a restructuring plan pursuant to § 1005(a) of Title 26; and

2. Persons in Delaware receiving services from a nonregulated electric supplier which is contributing to the Green Energy Fund.

d. Grants made under the Green Energy Endowment Program shall not exceed 65% of all expenditures from the Green Energy Fund on an annual basis.

e. Funds available for grants under the Green Energy Endowment Program will be allocated into a residential pool and a nonresidential pool on an annual basis. Sixty percent of the funds available for grants under the Green Energy Incentive Program will be allocated to the residential pool and 40% of the funds available for grants under the Green Energy Endowment Program will be allocated to the nonresidential pool.(a) The State Energy Office shall administer moneys in the Green Energy Fund, in consultation with other offices within Department of Natural Resources and Environmental Control (DNREC) and the Division of the Public Advocate, through a program of environmental incentive grants and loans for the development, promotion and support of energy efficiency programs and renewable or alternative energy technology in the State.

(b) The State Energy Office shall establish standards, procedures and regulations governing the administration of the Green Energy Fund which are not inconsistent with this subchapter. Up to 7.5% of the moneys deposited in the Green Energy Fund each year may be used for administration of the Fund, and an additional 2.5% of the moneys may be used for outreach activities including marketing, advertising and workshops.

(c) The goals which shall guide use of the Green Energy Fund include:

(1) Fostering use of energy efficient, renewable and environmentally friendly energy technologies throughout the State in the residential, commercial, industrial, public and agricultural sectors;

(2) Promoting research, development and demonstration projects in the fields of energy efficiency and renewable energy technologies;

(3) Advocating green public policy initiatives;

(4) Establishing and supporting education and public awareness programs;

(5) Pursuing community outreach programs;

(6) Supporting the development of green industries and generators in the State;

(7) Encouraging the construction, maintenance and operation of green buildings, schools and residential developments; and

(8) Creating market incentives for the pursuit of renewable energy resources by energy providers in the State.

(d) The Green Energy Fund shall be used for programs in Delaware including, but not limited to:

(1) The Green Energy Endowment Program:

a. The Green Energy Endowment Program shall provide cash grants from the Green Energy Fund to customers that have constructed, purchased, leased or who have executed a power purchase agreement for renewable energy technology and have placed such renewable energy technology in service.

b. Any 1 cash grant for any 1 project shall be no more than is necessary to promote deployment of renewable energy technologies. The level of incentive shall be set by the Secretary, in consultation with the Sustainable Energy Utility Oversight Board, and may be amended from time to time to respond to market conditions.

c. Persons eligible for cash grants under the Green Energy Endowment Program shall include:

1. Persons in Delaware receiving services from Conectiv, or its successor, after the adoption of a restructuring plan pursuant to § 1005(a) of Title 26; and

2. Persons in Delaware receiving services from a nonregulated electric supplier which is contributing to the Green Energy Fund.

d. Grants made under the Green Energy Endowment Program shall not exceed 65% of all expenditures from the Green Energy Fund on an annual basis.

e. Funds available for grants under the Green Energy Endowment Program will be allocated into a residential pool and a nonresidential pool on an annual basis. Sixty percent of the funds available for grants under the Green Energy Incentive Program will be allocated to the residential pool and 40% of the funds available for grants under the Green Energy Endowment Program will be allocated to the nonresidential pool.

f. For all new Green Energy Endowment Program applicants who have not, as of July 28, 2010, received a commitment of funding from DNREC, must first, before applying for a grant under this program, conduct a home performance with Energy Star audit, using a Building Performance Institute or equivalent certification program trained professional, and identify cost-effective energy efficiency projects. Newly constructed homes and commercial buildings must receive Energy Star certification or an equivalent third-party green building certification in order to receive funding under this program.

(2) The Technology Demonstration Program:

a. The Technology Demonstration Program shall provide cash grants equal to 25% of the cost of a project which demonstrates the market potential of Renewable Energy Technology in Delaware, with no 1 grant for any 1 project to exceed $200,000.

b. Grants made under the Technology Demonstration Program shall not exceed 25% of all expenditures from the Green Energy Fund on an annual basis.

(3) The Research and Development Programs:

a. Under the Research and Development Programs moneys will be expended from the Green Energy Fund:

1. To support qualifying research and graduate studies in Delaware in energy efficiency and renewable energy technologies; and

2. To provide grants equal to no greater than 35% of the cost of project for the development of a product in Delaware directly related to Renewable Energy Technology, including but not limited to any product improving the engineering of, adapting or developing Renewable Energy Technology either as an independent piece of Renewable Energy Technology or as a component thereof, with no 1 grant for any one project to exceed $250,000.

b. Grants made under the Research and Development Programs, in the aggregate, shall not exceed 10% of all expenditures from the Green Energy Fund on an annual basis.

(4) Solar Energy Curriculum Program. — The Solar Energy Curriculum Program shall provide cash grants from the Green Energy Fund to high schools in Delaware that are Delmarva Power customers and that create a course, or curriculum, that teaches the science, economics, policy, and hands-on installation of solar photovoltaic technology. Grants made under this program shall provide 100% funding for the installation of a solar photovoltaic system to be used as part of the qualifying school’s solar energy curriculum. Total funding may not exceed $10,000 per school for solar equipment only, and shall not prevent the school from participating in the Green Energy Endowment Program. Green Energy Fund dollars committed to such installations shall not exceed $100,000 per year total. The Energy Office shall establish appropriate curriculum eligibility criteria before awarding any such grants.

(5) Unexpended Funds. — Any amount allocated to the Green Energy Endowment Program, the Technology Demonstration Program and the Research and Development Programs and not expended during a particular year shall be considered as part of the Green Energy Fund and available for allocation and expenditure in subsequent years. Provided the Controller General approves, annual funds collected and unused during 1 fiscal year that have been apportioned to the commercial sector in the Green Energy Endowment Program may be moved for use in the residential sector in following years to allow the Energy Office to satisfy application queues should they develop.

(6) The Secretary may, in the event the Endowment program described in paragraph (d)(1) of this section above is unable to keep pace with demand, indefinitely suspend the Technology Demonstration and Research and Development programs defined in paragraphs (d)(2) and (3) of this section and direct all available funds to the Green Energy Endowment Program until such time as any queue is eliminated and all applicants have received their authorized payment.

(e) Upon a finding by the Secretary, in consultation with the Sustainable Energy Utility Oversight Board, that the incentives provided for renewable energy technologies through the operation of the Delaware Renewable Energy Portfolio Standard as authorized under subchapter III-A, of Chapter 1, of Title 26, are substantially equivalent to or exceed those allowed under this chapter, the Secretary may, providing that all approved applicants receive payments offered under the Green Energy Endowment Program, suspend in part or in full, the Green Energy Endowment Program, the Technology and Demonstration Program and/or the Research and Development Program under paragraphs (d)(1)-(3) of this section and reallocate revenues authorized under § 1014(a) of Title 26 to alternative incentive programs to promote energy efficiency and green building programs, renewable energy loan programs and incentive programs for nonprofit organizations. In the event the Secretary makes such a finding in consultation with the Sustainable Energy Utility Oversight Board, the Secretary shall provide to the Chairs of the House and Senate Energy Committees the Secretary’s rationale for such a finding and a full description of the new program to be implemented.

(f) Incentives provided through the Green Energy Fund shall be exempt from taxation by the State and by the counties and municipalities of the State.
29 Del. C. § 4831 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4831
§ Â
        4831. Prohibition on employment of persons or service companies without a license.
Status: in_force

(a) It shall be unlawful for any licensed agent to employ or continue to employ an individual or service company that is required to possess a license under the provisions of this chapter, but that is not licensed. A licensed agent who violates the provisions of this section shall pay a fine imposed by the Director of not less than $1,000 and not more than $5,000. A licensed person who knowingly violates the provisions of this section is guilty of a class A misdemeanor.

(b) Any individual or service company that works or is employed in a position whose duties require licensing under the provisions of this chapter, without holding the requisite license, is guilty of a class A misdemeanor.
29 Del. C. § 8710A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8710A
§ Â
        8710A. Division of Small Business â Collection and distribution of information; sale of publications.
Status: in_force

(a) The Division may collect and disseminate any data or other information including, but not limited to, the population, demographics and economy of the State. The Division shall take such steps as the Director deems appropriate to emphasize the investment, business, employment and recreational opportunities and advantages of the State, and the potential for future development within the State.

(b) The Division may elect to publish any information on its own or to use any of the accepted advertising media to carry out the purposes of this chapter. The Division may also distribute information and materials donated to, or purchased by, the Division, from private or public agencies, organizations, corporations or individuals.

(c) The Director may offer such publications and other materials described in this chapter for sale if deemed by the Director to be in the best interests of the State, provided that the price so charged for the sale of said publications and materials shall not exceed their original cost with the addition of a charge for postage and handling, if applicable.

(d) Such moneys as received by the Division from the sale of publications and materials shall be deposited with the Treasurer of the State in a special fund of the State upon which the Director may draw to replace such publications and materials offered for sale. Unexpended funds remaining in the special fund at the close of the fiscal year, and not previously expended or encumbered, shall not revert but shall remain on deposit in such special fund for future use pursuant to this section.
29 Del. C. § 5925 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5925
§ Â
        5925. Transfers.
Status: in_force

The rules shall provide for transfer from a position in 1 department or agency to a similar position in another department or agency involving similar qualifications, duties, responsibilities and pay range.
29 Del. C. § 8515 — Delaware Code / Title 29 / Chapter 85 / Section 8515
§ Â
        8515. Access to books, records, reports and other documents; annual report.
Status: in_force

(a) The Governor’s Council on Labor shall have access to all books, records, reports and other documents relating to the Department of Labor unless otherwise prohibited by law.

(b) The various councils of the division of the Department of Labor shall have access to all books, records, reports, and other documents relating to their respective divisions unless otherwise prohibited by law.

(c) The Chairperson of the Governor’s Council on Labor and the chairpersons of the councils of the divisions of the Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly, and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. § 9142 — Delaware Code / Title 29 / Chapter 91 / Subchapter IV / Section 9142
§ Â
        9142. Definitions.
Status: in_force

For purposes of this subchapter, the following definitions shall apply:

(1) “Delaware Geospatial Information Clearinghouse” means a web-enabled, electronic resource for the collection, organization, storage, and dissemination of metadata and other information to assist in the sharing of geospatial data and information.

(2) “Geographic Information System” and “GIS” both mean a system for capturing, storing, analyzing and managing data and associated attributes which are spatially referenced to the earth.

(3) “Geospatial” means data and/or information that identify the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies.

(4) “Metadata” means data about the content, quality, condition, and other characteristics of data.
29 Del. C. § 6083 — Delaware Code / Title 29 / Chapter 60D / Section 6083
§ Â
        6083. Findings and purpose.
Status: in_force

The General Assembly hereby finds that violations of Chapter 60C of this title, the Delaware Tobacco Settlement Act of 1999, threaten the integrity of the Tobacco Master Settlement Agreement, the fiscal soundness of the State, and the public health. The General Assembly hereby finds that enactment of the procedural enhancements promulgated by this chapter will aid in the enforcement of Chapter 60C of this title, and will thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State, and the public health.
29 Del. C. § 5529 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5529
§ Â
        5529. Death benefit.
Status: in_force

Upon the death of an employee, former employee or pensioner or if a survivor’s pension is payable upon such death, when such pension ceases to be payable, there shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, to the estate of the employee, former employee or pensioner a lump sum equal to the excess, if any, of the accumulated employee contributions with interest over the aggregate of all pension payments made.
29 Del. C. § 8418 — Delaware Code / Title 29 / Chapter 84 / Section 8418
§ Â
        8418. Supremacy.
Status: repealed

All other laws, or parts of laws, now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended as far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. § 4712 — Delaware Code / Title 29 / Chapter 47 / Section 4712
§ Â
        4712. Authority to provide corneas to eye banks.
Status: in_force

(a) Upon request of an approved eye bank on behalf of a patient in need of corneal tissue for a transplant, a Medical Examiner is authorized to provide the cornea under the following conditions:

(1) A decedent who may provide a suitable cornea for transplant is under the jurisdiction of the Medical Examiner;

(2) An autopsy will be required;

(3) No objection by the decedent or next of kin is known by the Medical Examiner prior to the removal of the cornea by a representative of an approved eye bank; and

(4) Removal of the cornea for transplant will not interfere with the subsequent course of a postmortem examination or alter the postmortem facial appearance.

(b) For the purposes of this section, “approved eye bank” includes the Medical Eye Bank of Delaware and the Eye Foundation of Delaware Valley.

(c) The Medical Examiner or an approved eye bank, while acting in compliance with this section, shall not be liable to the next of kin of a decedent, whose corneal tissue is removed and donated pursuant to this section, for any civil damages.
29 Del. C. § 7903A — Delaware Code / Title 29 / Chapter 79A / Section 7903A
§ Â
        7903A. Cemetery Board.
Status: in_force

(a) There is established a Cemetery Board that shall consist of 5 members appointed by the Secretary of the Department of Health and Social Services including 3 who are owners or operators of cemeteries and 2 who are public members. Each member shall serve for a term of 3 years, and may successively serve additional terms. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.

(b) Members of the Board shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties, to the extent that funds are available and the expenditures are in accordance with state laws. A Chairperson of the Board shall be chosen by members of the Board from among its members, shall serve in that capacity for a term of 3 years, and shall be eligible for reelection.

(c) The Board shall hold regularly scheduled meetings at least twice each year, and at such times as the Chairperson deems necessary; or at the request of a majority of the Board members.
29 Del. C. § 10142 — Delaware Code / Title 29 / Chapter 101 / Subchapter V / Section 10142
§ Â
        10142. Review of case decisions.
Status: in_force

(a) Any party against whom a case decision has been decided may appeal such decision to the Court.

(b) The appeal shall be filed within 30 days of the day the notice of the decision was mailed.

(c) The appeal shall be on the record without a trial de novo. If the Court determines that the record is insufficient for its review, it shall remand the case to the agency for further proceedings on the record.

(d) The Court, when factual determinations are at issue, shall take due account of the experience and specialized competence of the agency and of the purposes of the basic law under which the agency has acted. The Court’s review, in the absence of actual fraud, shall be limited to a determination of whether the agency’s decision was supported by substantial evidence on the record before the agency.
29 Del. C. § 4823 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4823
§ Â
        4823. Enforcement.
Status: in_force

(a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a license issued pursuant to § 4805 of this title, or any administrative order issued pursuant to this section, shall be punishable as follows:

(1) If the violation has been completed, by a civil penalty imposed by Superior Court, which shall have jurisdiction of civil penalty actions brought pursuant to this section, of not less than $1,000 nor more than $10,000 for each completed violation. Each day of a continued violation shall be considered as a separate violation if, on each such day, the violator has knowledge of the facts constituting the violation and knows or should know that such facts constitute or may constitute a violation. Lack of knowledge regarding such facts or violation shall not be a defense to a continued violation with respect to the first day of its occurrence.

(2) If the violation is continuing or there is a substantial likelihood that it will reoccur, the Director may also seek a temporary restraining order, preliminary injunction or permanent injunction in the Court of Chancery, which shall have jurisdiction of an action for such relief.

(3) In the Director’s discretion, the Director may impose an administrative penalty of not more than $1,000 for each violation. Each day of continued violation shall be considered as a separate violation if the violator has knowledge of the facts constituting the violation and knows or should know that such facts constitute or may constitute a violation. Lack of knowledge regarding such facts or violation shall not be a defense to a continued violation with respect to the first day of its occurrence. Prior to the assessment of an administrative penalty, written notice of the Director’s proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of such notice to request a public hearing. Any public hearing, if requested, shall be held prior to the imposition of the penalty and shall be governed by § 10125 of this title. If no hearing is timely requested, the proposed penalty shall become final and shall be paid no later than 60 days from receipt of the notice of proposed penalty. Assessment of an administrative penalty shall take into account the circumstances, nature and gravity of the violation, as well as any prior history of violations, the degree of culpability, the economic benefit to the violator resulting from the violation, any economic loss to the State and such other matters as justice may require. In the event of nonpayment of an administrative penalty within 30 days after all legal appeal rights have been waived or otherwise exhausted, a civil action may be brought by the Director in Superior Court for the collection of the penalty, and for interest, from the date payment was due, attorneys’ fees and other legal costs and expenses. The validity or amount of such administrative penalty shall not be subject to review in an action to collect the penalty. Any penalty imposed after a public hearing is held pursuant to this subsection shall be appealable to Superior Court, and such appeal shall be governed by § 10142 of this title.

(4) In the Director’s discretion, the Director may endeavor to obtain compliance with requirements of this chapter by written administrative order. Such order shall be provided to the responsible party, shall specify the complaint, and propose a time for correction of the violation. It may also provide an opportunity for a public hearing at which the Director shall hear and consider any submission relevant to the violation, corrective action or the deadline for correcting the violation.

(b) The Director shall enforce this chapter.

(c) Any interest, costs or expense collected under this section shall be appropriated to the State Lottery Office to carry out the purposes of this chapter.
29 Del. C. § 6332 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6332
§ Â
        6332. Hearings on estimates; attendance by Governor-elect.
Status: in_force

(a) The Director of the Office of Management and Budget shall provide, by the giving of such notice as the Director of the Office of Management and Budget deems necessary, for public hearings on any and all estimates to be included in the budget, which hearings shall be held beginning not later than November 15 of each year. These hearings shall be open to the public and to the press and any citizens or authorized representatives of any organization, or group of citizens, may attend these hearings and be heard upon any subject matter properly in review. The head, or authorized representative, of any agency of the State receiving or asking financial aid may attend and be heard in explanation of any request for financial aid contained in any estimate submitted to the Director of the Office of Management and Budget.

(b) In the years of the gubernatorial election, the Governor-elect may sit at these hearings and ask such questions and require such information upon the estimates under review and revision as the Governor-elect deems proper. The Governor-elect may also prepare a statement of any recommendation or suggestion in connection with the proposed budget and such statement shall be presented to the General Assembly simultaneously with the presentation of the budget bill.
29 Del. C. § 9016 — Delaware Code / Title 29 / Chapter 90 / Section 9016
§ Â
        9016. Appointment of special investigators; powers and duties.
Status: in_force

(a) The Secretary may appoint qualified persons to be special investigators for the Department. Such investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have a minimum of 10 years experience as a “police officer,” as that term is defined in § 1911(a) of Title 11, significant investigatory experience while working as a police officer, shall be in good standing with the previous or present law-enforcement agency where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.

(b) Special investigators appointed under this section may conduct investigations of child abuse, neglect, or risk of maltreatment anywhere in this State as directed by the Secretary or the Secretary’s designee and shall have the power to make arrests and serve writs anywhere in this State. Special investigators shall have statewide powers as enumerated under § 1911 of Title 11 and such other powers as conferred by law on police officers, constables and other law-enforcement personnel. Notwithstanding the above, special investigators under this section shall not have the authority to take custody of a child unless pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary’s designee before making an arrest and shall do so in all cases after making any such arrest.

(c) Special investigators under this section shall have the authority to take custody of a child pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. Special investigators may enter private property while taking custody of a child under this section. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary’s designee before making an arrest and shall do so in all cases after making any such arrest.

(d) The salary of special investigators shall be fixed by the Secretary within the appropriations made to the Department.

(e) Special investigators will assist in the training of other Division staff.
29 Del. C. § 8510 — Delaware Code / Title 29 / Chapter 85 / Section 8510
§ Â
        8510. Division of Industrial Affairs.
Status: in_force

(a) The Division of Industrial Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(1) The Department of Labor and Industrial Relations, the Labor Commission, the State Child Labor Inspector, the Labor Inspector and the State Mediation Service pursuant to Chapters 1 (except § 104 of Title 19) and 5 of Title 19;

(2) The Department of Labor and Industrial Relations and the State Apprenticeship and Training Council pursuant to Chapter 2 of Title 19;

(3) The Labor Commission of Delaware and the Division Against Discrimination pursuant to Chapter 7 of Title 19;

(4) The Department of Labor and Industrial Relations pursuant to Chapters 8, 9 and 11 of Title 19.

(b) The administrative, ministerial, fiscal and clerical functions of the Industrial Accident Board, set forth in Chapter 23 of Title 19, shall be performed by the Division of Industrial Affairs.
29 Del. C. § 5904A — Delaware Code / Title 29 / Chapter 59 / Subchapter I / Section 5904A
§ Â
        5904A. Exceptional employment.
Status: in_force

Employment of persons with mental or physical disabilities in a Selective Placement Program or an Agency Aide Program shall be administered by the Director of Talent Management or the Director’s designee. Such employment shall be by appointment without competitive recruitment and without listing on a referral list. Employment through the Selective Placement Program is limited to 12 months. Each appointee in the Selective Placement Program who successfully completes a trial work period, or passes a competitive examination, may be considered for permanent employment or probationary employment in the classified service. An appointment through the Agency Aide Program is of indefinite duration. Before any appointment is made, the Director of Talent Management or the Director’s designee shall advise the applicant of the availability of benefits counseling resources, which offer information or guidance on the effect of employment on public benefits including income from the Social Security Administration.
29 Del. C. § 5928 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5928
§ Â
        5928. Layoffs; transfers; reductions.
Status: in_force

The rules shall provide for layoffs, transfers or reduction in rank because of lack of funds or work, or abolition of a position, or material change in duties or organization and for reemployment of employees so laid off, giving consideration in each such case to performance record and seniority in service.
29 Del. C. § 5110 — Delaware Code / Title 29 / Chapter 51 / Section 5110
§ Â
        5110. Election of employee to public office; leave.
Status: in_force

In the event any employee of this State, including any employee of the public schools, is elected to any public office provided for by the Constitution of the State or the Delaware Code, such employee shall be granted such leave of absence without pay as is reasonable and necessary to perform the duties in such office. Upon the completion of such leave, the employee shall be reinstated in the position which the employee held at the time such leave of absence was granted.
29 Del. C. § 4506 — Delaware Code / Title 29 / Chapter 45 / Section 4506
§ Â
        4506. Compensation.
Status: in_force

All members of the Commission and all members of a committee established by the Commission serve without compensation.
29 Del. C. § 8213 — Delaware Code / Title 29 / Chapter 82 / Section 8213
§ Â
        8213. Books, records; access; annual report.
Status: repealed

(a) The Governor’s Council on Public Safety [repealed] shall have access to all books, records, reports and other documents relating to the Department of Safety and Homeland Security unless otherwise prohibited by law.

(b) The various councils of the divisions of the Department of Safety and Homeland Security shall have access to all books, records, reports and other documents relating to their respective divisions unless otherwise prohibited by law.

(c) The Chairperson of the Governor’s Council on Public Safety [repealed] and chairpersons of the councils of the divisions of the Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly, and render such reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. § 6936 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6936
§ Â
        6936. Special requirements for financial contracts.
Status: in_force

No contract shall be awarded which includes the transportation, handling or storage of moneys, including lawful currency and coin, negotiable and nonnegotiable securities, stocks, bonds, coupons and things of unusual value unless the successful bidder shall have, at the time of the award of the contract, a valid license as required by Chapter 32 of Title 5. At the time of the submission of its bid, the bidder shall provide evidence of possession of such license or evidence that application for such license was made with the State Banking Commissioner and all fees required by such Chapter 32 of Title 5 had been paid.
29 Del. C. § 9009C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9009C
§ Â
        9009C. Budgeting and financing.
Status: in_force

The Chief Information Officer, in compliance with § 9008C(13) of this title, in cooperation with the internal program managers and office administrators, shall prepare a proposed budget for the operation of the Department of Technology and Information to be submitted for the consideration of the Director of the Office of Management and Budget, the Governor and the General Assembly. The Department of Technology and Information shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
29 Del. C. § 5215 — Delaware Code / Title 29 / Chapter 52 / Section 5215
§ Â
        5215. Annual behavioral health well check.
Status: in_force

(a) As used in this section “Behavioral health well check” means a predeductible annual visit with a licensed mental health clinician with at minimum a masters level degree. The well check must include but is not limited to a review of medical history, evaluation of adverse childhood experiences, use of a group of developmentally-appropriate mental health screening tools, and may include anticipatory behavioral health guidance congruent with stage of life using the diagnosis of “annual behavioral health well check.”

(b) The plan shall provide coverage of an annual behavioral health well check, which, except as provided in subsection (d) of this section, shall be reimbursed through the following common procedural terminology (CPT) codes at the same rate that such CPT codes are reimbursed for the provision of other medical care, provided that reimbursement may be adjusted for payment of claims that are billed by a nonphysician clinician so long as the methodology to determine such adjustments is comparable to and applied no more stringently than the methodology for adjustments made for reimbursement of claims billed by nonphysician clinicians for other medical care, in accordance with 45 CFR § 146.136(c)(4):

(1) 99381.

(2) 99382.

(3) 99383.

(4) 99384.

(5) 99385.

(6) 99386.

(7) 99387.

(8) 99391.

(9) 99392.

(10) 99393.

(11) 99394.

(12) 99395.

(13) 99396.

(14) 99397.

(c) (1) The State Employee Benefits Committee shall administratively update this list of codes if the CPT codes listed in subsection (b) of this section are altered, amended, changed, deleted, or supplemented.

(2) Reimbursement of any of the CPT codes listed in subsection (b) of this section or updated under paragraph (c)(1) of this section for the purpose of covering an annual behavioral health well check may not be denied because such CPT code was already reimbursed for the purpose of covering a service other than an annual behavioral health well check.

(3) Reimbursement of any of the CPT codes listed in subsection (b) of this section or updated under paragraph (c)(1) of this section for the purpose of covering a service other than an annual behavioral health well check may not be denied because such CPT code was already reimbursed for the purpose of covering an annual behavioral health well check.

(d) An annual behavioral health well check may be reimbursed through a value-based arrangement, a capitated arrangement, a bundled payment arrangement, or any other alternative payment arrangement that is not a traditional fee-for-service arrangement, provided that a carrier must have documentation demonstrating that within such payment arrangement the annual behavioral health well check is valued commensurate to the value established under subsection (b) of this section.

(e) An annual behavioral health well check may be incorporated into and reimbursed within any type of integrated primary care service delivery method including, but not limited to, the psychiatric collaborative care model, the primary care behavioral health model or behavioral health consultant model, any model that involves co-location of mental health professionals within general medical settings, or any other integrated care model that focuses on the delivery of primary care.

(f) Nothing in this section prevents the operation of policy provisions such as copayments, coinsurance, allowable charge limitations, coordination of benefits, or provisions restricting coverage to services rendered by licensed, certified, or carrier-approved providers or facilities.
29 Del. C. § 5617 — Delaware Code / Title 29 / Chapter 56 / Section 5617
§ Â
        5617. Increases in pensions.
Status: in_force

Any monthly service or disability pension which became effective before January 1, 1979, and is payable on July 23, 1982, and any survivor pension based on a former service or disability pension that was effective prior to January 1, 1979, shall be increased effective July 1, 1982, in accordance with the following schedule:
29 Del. C. § 4807 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4807
§ Â
        4807. Lottery sales agents â Authorization of agents.
Status: in_force

Notwithstanding any other provision of law, any person licensed as provided in this subchapter is hereby authorized and empowered to act as a lottery ticket sales agent, a video lottery agent, or a sports lottery agent, as the case may be.
29 Del. C. § 7505 — Delaware Code / Title 29 / Chapter 75 / Section 7505
§ Â
        7505. Formula for construction.
Status: in_force

No school construction shall be paid with funds appropriated by any school construction bond authorization act or with funds for which a state share is provided by any school construction bond authorization act if such construction does not conform with the formula for school construction established by the Department of Education.
29 Del. C. § 8090 — Delaware Code / Title 29 / Chapter 80 / Subchapter V / Section 8090
§ Â
        8090. Short title.
Status: in_force

This subchapter shall be known and may be cited as the “Drinking Water Protection Act.”
29 Del. C. § 8733 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8733
§ Â
        8733. The Delaware Library Consortium.
Status: in_force

(a) There is hereby created the Delaware Library Consortium. The following entities are eligible to become members of the Delaware Library Consortium:

(1) Any publicly-funded Delaware library

(2) Libraries within school districts and charter schools

(3) Publicly-funded institutions

(4) Private and special libraries upon approval of the Consortium

(b) The Delaware Library Consortium shall be supported by the Division of Libraries.

(c) In order to enable public schools to share services including intra-library loans with Consortium member libraries, the Delaware Library Consortium shall do all of the following:

(1) Facilitate the migration of the library catalog of each of the public schools in the State to the catalog used by Consortium member libraries.

(2) Provide training in the use of the catalog used by Consortium member libraries to public school librarians.

(3) Integrate public school libraries into the intra-library loan program including providing transit of books and media between libraries.

(4) Provide guidance to public school libraries in removing from their shelves old and unnecessary books.

(d) The Delaware Library Consortium shall develop and adopt common policies concerning collection, development, and other topics in order to ensure equitable access and the right to read for all Delawareans.
29 Del. C. § 8914 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8914
§ Â
        8914. Officers and employees.
Status: in_force

Notwithstanding § 5920 of this title or any other section, the application by any person seeking employment in the Department shall be rejected if it indicates, on its face, that the applicant does not meet the minimum qualifications for the position sought. Applications shall also be rejected if the applicant has made false statements or misrepresentations on the application; is habituated to the intemperate use of alcoholic beverages or the use of harmful drugs which makes the applicant unable to perform duties required by the position; has a record of court convictions or infamous or other conduct which renders the applicant unsuitable for employment; or has been separated from any branch of the armed forces under conditions other than honorable.
29 Del. C. § 9019 — Delaware Code / Title 29 / Chapter 90 / Section 9019
§ Â
        9019. Liability for maintenance of children in care of Department; collection remedies.
Status: in_force

(a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and support furnished to a child committed or admitted to any service provided by the Department of Services for Children, Youth and Their Families.

(b) The Department of Services for Children, Youth and Their Families may collect from any such person all moneys necessary to discharge and pay all liability of such child for the child’s care, maintenance and support; provided, however, that such liability is based upon ability to pay and in accordance with § 7940 of this title.

(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the moneys necessary for care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department.

(d) All fees collected under this section shall be deposited into the General Fund.
29 Del. C. § 8111 — Delaware Code / Title 29 / Chapter 81 / Section 8111
§ Â
        8111. Assumption of powers.
Status: in_force

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Agriculture, the State Division of Weights and Measures, the State Forestry Department, the State Forestry Commission, the State Apple Commission, the State Poultry Commission and all matters pertaining to privately owned forest and woodlands within the State immediately prior to April 15, 1970, and which are not otherwise hereinabove specifically transferred to the Department by this chapter.
29 Del. C. § 5582 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5582
§ Â
        5582. Increases in pensions.
Status: in_force

Any monthly service pension, disability pension or survivor pension based on a former service or disability pension which is payable on July 7, 2005, shall be increased effective July 1, 2005, by the amount of difference between the pensioner’s computed benefit under § 5577 of this title, as effective July 1, 2005, less the benefit previously awarded under § 5577 of this title.
29 Del. C. § 4321 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4321
§ Â
        4321. Identification of individual.
Status: in_force

(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by any of the following:

(1) By means of any of the following:

a. A passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.

b. Another form of government identification issued to an individual, which is current and not expired before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.

(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.

(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
29 Del. C. § 7915 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7915
§ Â
        7915. Council on Services for Aging and Adults with Physical Disabilities.
Status: repealed

(a) The Council for Services for Aging and Adults with Physical Disabilities (“Council”) serves in an advisory capacity to the Director of the Division of Services for Aging and Adults with Physical Disabilities (“DSAAPD”) and considers matters relating to the coordination and effectiveness of programs and services for older Delawareans and adults with physical disabilities, and other matters as may be referred to it by the Governor, the Secretary of the Department, or the Director.

(b) The Council consists of at least 15 members appointed by the Governor. The Governor shall appoint members for terms of up to 3 years. Members’ terms must be staggered so that the terms of no more than 7 members expire in 1 year. The Council is composed of the following:

(1) More than 50% of older persons, meaning persons aged 60 years or more, including minority individuals.

(2) Representatives of older persons, such as a caregiver of an aging or elderly person or a caregiver of an adult with a physical disability.

(3) Representatives of health-care provider organizations, including providers of veterans’ health care, if appropriate.

(4) Representatives of supportive service provider organizations.

(5) Persons with leadership experience in the private and voluntary sectors.

(6) Local elected officials.

(7) The general public.

(8) Two members, each being from a public or nonprofit agency that provides services to “alleged victims” as defined in § 3902 of Title 31.

(9) An “adult with a physical disability,” or a caregiver of an “adult with a physical disability,” as defined in § 7920 of this title.

(10) Family caregivers, which may include older relative caregivers.

(11) As available:

a. Representatives from Indian tribes, pueblos, or tribal aging programs.

b. Older relative caregivers, including kin and grandparent caregivers of children or adults age 18 through 59 with a disability.

(c) Conflict of interest policy. —

In accordance with 45 C.F.R. §§ 1321.47 and 1321.63, members representing service providers may serve on the Council, but the appointed individual must not have any personal or financial interest and may not receive funding from DSAAPD. The Division shall adopt, amend, or repeal regulations to mitigate potential conflicts of interest to ensure compliance with federal requirements. For purposes of this section, the term “personal interest” includes the meanings set forth in § 5805 of this title and under applicable federal law and the term “financial interest” includes the meanings set forth in § 5804 of this title and under applicable federal law.

(d) [Repealed.]

(e) A Council member serves without compensation, except for reimbursement for reasonable and necessary expenses incident to duties as a member of the Council.

(f) Council members shall elect a chair for a 2-year term from among its members, with the chair alternating each term between a representative of the aging community and a representative of adults with physical disabilities. A chair may serve 2 nonconsecutive terms.

(g) An appointment to the Council to fill a vacancy prior to the expiration of a term shall fill the remainder of the term.

(h) The Council chair shall discharge a member who is absent from more than 3 consecutive meetings, unless excused by the Council.

(i) The Council may establish subcommittees and make appointments to the subcommittees with the approval of all members of the Council.

(j) A quorum of the Council is a majority of the council members.

(k) A Council decision relative to policy and budget must be made by a majority of the members present at a meeting that has a quorum. The Division of Services for Aging and Adults with Physical Disabilities shall provide staff assistance to Council and Council’s subcommittees.
29 Del. C. § 4819A — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4819A
§ Â
        4819A. Charitable video lottery machines use and restrictions.
Status: repealed

(a) An eligible charitable gaming organization must apply for and receive the approval of the Director to operate charitable video lottery machines. The application form which will be promulgated by the Director shall at a minimum include the name of the eligible organization, the location at which the organization is applying to have video lottery machines, the individual who will be the primary contact and the vendor who will supply the charitable video lottery machines. Such approval will take into consideration a recommendation from the Division of Gaming Enforcement before a license is approved by the Director.

(b) Proceeds returned to players. — A portion of such proceeds, but not less than 60% or greater than 86% of the total proceeds on an average annual basis received from the operation of a charitable video lottery machine, shall be retained by and returned to the players under rules prescribed by the Director.

(c) Proceeds returned to the State. Amounts remaining after all payments to players under subsection (b) of this section, there shall be returned to the State 40%. If the Director determines that a charitable video lottery machine at an authorized charitable gaming organization is connected to the lottery’s central computer system, then there shall be 35% returned to the State. From the amount returned to the State, the vendor who supplies the charitable video lottery machines shall be paid. In addition, 1% of the proceeds returned to the State from this section shall be sent to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services for funding programs for the treatment, education and assistance of compulsive gamblers and their families.

(d) Application of remaining proceeds. — The proceeds remaining after payments as set forth in subsections (b) and (c) of this section shall be made to the respective charitable gaming organization.

(e) The maximum number of charitable video lottery machines that a charitable gaming organization may apply to have and be approved by the Director is 25. Each eligible charitable gaming organization may have up to 10 charitable video lottery machines, plus 1 additional charitable video lottery machine for every 70 members of the charitable gaming organization over 500 members of said organization. Any change in the membership requirements of a charitable gaming organization that in effect would alter the number of charitable video lottery machines a charitable organization would be authorized to have must be approved by the Director of the Lottery.

(f) The charitable gaming organization shall submit to the Director a report monthly regarding the amount played and amount returned to the players from the charitable video lottery machines in their respective locations. The form of the report shall be promulgated by the Director.

(g) The Lottery Office or the Division of Gaming Enforcement shall have access to the charitable video lottery machines in order to make sure that the intent of 79 Del. Laws, c. 1 is being enforced.

(h) The Department of Finance shall enact regulations on an emergency basis to implement the operation of the charitable video lottery machines for the approved charitable gaming organizations.

(i) Any organization denied application of being a qualified charitable gaming organization as defined by § 4803(a) of this title may enter the appeal process outlined in § 4830(j) of this title.

(j) Effective January 1, 2014, charitable gaming organizations will be required to donate at least 40% of the organization’s proceeds from charitable video lottery machine gaming annually to a charitable purpose, including donations to an organization’s national programs; DE-based 501(c) [26 U.S.C. § 501(c)] charities, local individuals in need, payment in the form of scholarships, sponsorships of local organizations and the use of supplies, equipment and facilities that benefit the communities within the State. For purposes of meeting the 40% threshold, charitable gaming organizations are prohibited of making donations to another qualified charitable gaming organization that has been approved by the Lottery Director and is operating. A report on this activity shall be submitted to State Lottery Office by March 31 of each year on a form promulgated by the Lottery Director. If a charitable organization does not meet the 40% threshold, then it may apply for a waiver from the Secretary of Finance citing the reasons for not obtaining the required level of donations. A decision will be made by the Secretary of Finance whether or not to grant the waiver for a particular year.

(k) (1) An Advisory Council on Charitable Gaming Planning is established and shall serve in an advisory capacity to the Secretary of Finance. Its membership shall include:

a. The Director of the State Lottery Office.

b. One member appointed by the President Pro Tempore of the Senate who is a member of an eligible charitable gaming organization.

c. One member appointed by the Speaker of the House who is a member of a eligible charitable gaming organization.

d. Two members appointed by the Governor who are members of eligible charitable gaming organizations.

(2) The Governor shall designate 1 member to serve as Chairperson of the Council, who shall serve in that capacity for 2 years and shall be eligible for reappointment.

(3) The Council shall consider matters relating to the effectiveness of current operational procedures and recommendations for new operational procedures or regulations.

(4) Members of the Council shall serve without compensation.

(5) Any member of the Council other than the Director of the State Lottery Office shall be subject to removal and replacement, without cause, at any time by the person who appointed or designated the member.

(6) The Council shall meet at least 1 time each calendar year, at the call of the Director, the Chairperson, or a majority of the members.

(7) The Council shall submit a report on its activities to the Secretary of Finance by November 5 of each year, together with recommendations for legislative and/or administrative changes it deems desirable.

(l) [Repealed.]
29 Del. C. § 2512 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2512
§ Â
        2512. Fees; collections and disposition.
Status: in_force

(a) All fees which are by law taxable and payable to the Attorney General shall be paid to and received by the respective Prothonotaries in the county where the fees are taxed, and the Prothonotaries shall pay over the same to the State Treasurer.

(b) The Attorney General is authorized to collect and use revenues from the fees realized by subsection (a) of this section and Chapter 73 of Title 6 (Delaware Securities Act) to support the Department of Justice’s Securities Division. Balances at the end of any fiscal year in excess of $100,000 collected from these fees shall be deposited into the General Fund.

(c) The Department of Justice is authorized to publish and sell the opinions of the Attorney General; to deposit the proceeds of any sales in a special fund to be established and designated the “Attorney General Opinion Fund;” and to expend all moneys deposited in such Fund for any expense connected with the publishing or sale of opinions of the Attorney General. Copies of the published opinions will be distributed at no cost to the General Assembly, the Governor and state agencies. If at the end of the fiscal year, the amount deposited in this Fund exceeds $15,000, the amount exceeding $15,000 shall be deposited into the General Fund.

(d) Notwithstanding any other laws to the contrary, including, but not limited to, Part VI of this title, the Attorney General is authorized to enter into a contract for the production, distribution and marketing of educational videos on such terms and conditions as the Attorney General deems appropriate. All revenues received by the Attorney General from such contract shall be deposited in a nonappropriated special fund. Revenues received and deposited into said account shall be used for the purpose of reproducing, marketing and distributing copies of these videos.
29 Del. C. § 7503 — Delaware Code / Title 29 / Chapter 75 / Section 7503
§ Â
        7503. Matching funds.
Status: in_force

(a) Except in the case of a school district for which a local share is not required by any school construction bond authorization act, the state share apportioned to a school district by such school construction bond authorization act shall not be expended unless the local share for such school district shall have been deposited with the State Treasurer not later than 2 years after the effective date of a school construction bond authorization act.

(b) The local share for each school construction project, excluding minor capital improvement projects, which is contained in a school construction bond authorization act, shall be computed as specified in this subsection. A local share ratio shall first be computed for each school district, including vocational districts, and 1 for each county, for each fiscal year and shall be used in computing the local share of funding for that school district for each school construction project contained in the school construction bond act for that fiscal year. In the event that the funding of a project is spread over more than 1 school construction bond authorization act, the local share ratio which applies to that project in the school construction bond authorization act in which it first appears shall apply to all subsequent school construction bond authorization act allocations for that project. The local share ratio shall be computed by multiplying the school district ability index for the school district, or in the case of vocational schools or special schools, the county wide ability index, as defined in § 1707 of Title 14, by .40, providing, however, that the product shall not exceed .40 or be less than .20 for any school district. The local share ratio shall be rounded to the nearest one-hundredth and the result multiplied by the total cost of the school construction project in order to determine the local share.

The local share for each school construction project may include an additional amount, not to exceed 15% of the local cost as calculated in the preceding paragraph, to match additional state funds that may be appropriated to address increases in the cost of school construction projects. Provided the district receives referendum approval for this additional amount and the State appropriates additional funds subsequent to referendum passage, the district may increase its local share in accordance with the local share ratio for the project and the approved referendum subject to local school board approval.

Inclusion of a project and designation of a local share for a vocational school in a school construction bond authorization act shall be considered authorization for the vocational district to establish a tax rate sufficient to pay the principal and interest on the bonds for the local share of the project.

For the statewide autistic program, the Delaware School for the Deaf, the John G. Leach School, the Kent County Community School, the John S. Charlton School, the Sussex Consortium, Sussex County Orthopedic School, the Charles W. Bush Early Education Center, and the Howard T. Ennis School, construction shall be 100% state-funded. State funding for these schools shall include, but not be limited to, school construction projects serving students, ages three and older, who meet the criteria established in 14 Del. C. c. 31.

Inclusion of a project and designation of a local share for a special school shall be considered authorization for the school district administering the special school to obligate itself for the required bonds and for the school district to collect the revenues required to pay the principal and interest on those bonds through tuition payments authorized in § 602 of Title 14. The school district collecting the tuition for payment of bonds and interest shall maintain such debt service receipts in a separate account for the special school.

(c) The provisions of subsection (b) of this section to the contrary notwithstanding, for the fiscal years ending June 30, 1992, through June 30, 1994, the local share ratio for reorganized school districts with ability indices less than 1.0 shall be computed as follows:

FY’92: [Ability Index X .40] + ¾ [.40 — (Ability Index X .40)]

FY’93: [Ability Index X .40] + ½ [.40 — (Ability Index X .40)]

FY’94: [Ability Index X .40] + ¼ [.40 — (Ability Index X .40)]

For purposes of this subsection the value of the ability index used in these calculations for any school district shall not be less than .50. This subsection shall not apply to vocational-technical school districts or to special schools.
29 Del. C. § 5806 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5806
§ Â
        5806. Code of conduct.
Status: in_force

(a) Each state employee, state officer and honorary state official shall endeavor to pursue a course of conduct which will not raise suspicion among the public that such state employee, state officer or honorary state official is engaging in acts which are in violation of the public trust and which will not reflect unfavorably upon the State and its government.

(b) No state employee, state officer or honorary state official shall have any interest in any private enterprise nor shall such state employee, state officer or honorary state official incur any obligation of any nature which is in substantial conflict with the proper performance of such duties in the public interest. No state employee, state officer or honorary state official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:

(1) Impairment of independence of judgment in the exercise of official duties;

(2) An undertaking to give preferential treatment to any person;

(3) The making of a governmental decision outside official channels; or

(4) Any adverse effect on the confidence of the public in the integrity of the government of the State.

Provided however, that a minimal gratuity provided on occasion to blind or disabled state employees or other blind or disabled persons supervised by the Division of Visually Impaired, shall not be considered to be a violation of this section.

(c) No state employee, state officer, or honorary state official shall acquire a financial interest in any private enterprise which such official has reason to believe may be directly involved in decisions to be made by such official in an official capacity on behalf of the State.

(d) Any state employee or state officer who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, any state agency (and any honorary state official who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, the state agency on which the official serves as an appointee) shall file with the Commission a written statement fully disclosing the same. Such disclosure shall be confidential and the Commission shall not release such disclosed information, except as may be necessary for the enforcement of this chapter. The filing of such disclosure statement shall be a condition of commencing and continuing employment or appointed status with the State.

(e) No state employee, state officer or honorary state official shall use such public office to secure unwarranted privileges, private advancement or gain.

(f) No state employee, state officer or honorary state official shall engage in any activity beyond the scope of such public position which might reasonably be expected to require or induce such state employee, state officer or honorary state official to disclose confidential information acquired by such official by reason of such public position.

(g) No state employee, state officer or honorary state official shall, beyond the scope of such public position, disclose confidential information gained by reason of such public position nor shall such official otherwise use such information for personal gain or benefit.

(h) No state employee, state officer or honorary state official, in the course of public responsibilities, shall use the granting of sexual favors as a condition, either explicit or implicit, for an individual’s favorable treatment by that person or a state agency.

(i) Notwithstanding the provisions of Chapters 58, 59, and 69 of this title and the State Merit Rules of Personnel Administration, state employees may contract to provide foster care or respite care for individuals with fees paid for by the State provided further that the employee does so at other than assigned work hours. Additionally, these individuals are not permitted to participate in the review or disposition of any matter related to foster and/or respite care in which they have or may have a personal or private interest and may not be monitored or reviewed by other state employees who are more junior or related to them.
29 Del. C. § 6961 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6961
§ Â
        6961. Small public works contract procedures.
Status: in_force

(a) Applicability. — Any state contract for which an agency is a party and for which the probable cost is less than or equal to the threshold amount(s) 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) Procedure. — All contracts entered into pursuant to this section shall follow the procedures as prescribed by the Director pursuant to § 6922 of this title.

(c) Bid and performance bonds as authorized in § 6962 of this title may be made a requirement by the agency for contracts made pursuant to this section.
29 Del. C. § 8074 — Delaware Code / Title 29 / Chapter 80 / Subchapter III / Section 8074
§ Â
        8074. Authority; staffing.
Status: in_force

(a) The Commission shall be placed within DNREC and shall have such powers, duties, and functions as described in this subchapter and such other duties and functions as may be referred to it by the Governor, the Secretary of DNREC, or the General Assembly.

(b) The Secretary of DNREC shall provide staff support to the Commission.
29 Del. C. § 5813A — Delaware Code / Title 29 / Chapter 58 / Subchapter II / Section 5813A
§ Â
        5813A. Report disclosing council or board membership.
Status: in_force

(a) Every person elected to a state office or appointed to fill a vacancy in an elective state office, or who has filed as a candidate for an elective state office shall disclose in writing to the Commission, and the Commission shall record in its public officer docket, the name and address of every nonprofit organization, excluding religious organizations, civic association, community association, foundation, maintenance organization, or trade group incorporated in the State or having activities in the State, or both, of which the person is a council member or board member.

(b) The disclosure required by subsection (a) of this section must be submitted along with, or as part of, the financial disclosure information required to be provided to the Commission pursuant to § 5813 of this title.
29 Del. C. § 1705 — Delaware Code / Title 29 / Chapter 17 / Section 1705
§ Â
        1705. Status, qualifications, and term of emergency interim successors.
Status: in_force

(a) An emergency interim successor is an individual who is designated for possible temporary succession to the powers and duties, but not the office, of a member.

(b) An individual may not be designated or serve as an emergency interim successor unless the individual may, under the Delaware Constitution or other law of this State, hold the office of the member to whose powers and duties the individual is designated to succeed. However, no provision of the Delaware Constitution or other law of this State prohibiting a member from holding another office or prohibiting the holder of another office from being a member is applicable to an emergency interim successor.

(c) An emergency interim successor serves at the pleasure of the member designating the individual or of any subsequent incumbent of the legislative office.
29 Del. C. § 4316 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4316
§ Â
        4316. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

(4) “In a representative capacity” means acting as 1 of the following:

a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.

b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.

c. An agent or attorney-in-fact for a principal.

d. An authorized representative of another in any other capacity.

(5) a. “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this State.

b. “Notarial act” includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

(6) “Notarial officer” means a notary public or other individual authorized to perform a notarial act.

(7) “Notary public” means an individual commissioned to perform a notarial act under subchapter I of Chapter 43 of this title.

(8) “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.

(9) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(11) “Sign” means, with present intent to authenticate or adopt a record, to do any of the following:

a. Execute or adopt a tangible symbol.

b. Attach to or logically associate with the record an electronic symbol, sound, or process.

(12) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.

(13) “Stamping device” means any of the following:

a. A physical device capable of affixing to or embossing on a tangible record an official stamp.

b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.

(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(15) “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
29 Del. C. § 8522 — Delaware Code / Title 29 / Chapter 85 / Section 8522
§ Â
        8522. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 8019 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8019
§ Â
        8019. Assumption of functions of prior agencies.
Status: in_force

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the Board of Game and Fish Commissioners, Delaware Commission of Shell Fisheries, State Park Commission, Delaware Soil and Water Conservation Commission and Delaware Water and Air Resources Commission immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such commission.
29 Del. C. § 6903 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6903
§ Â
        6903. Violations and penalties.
Status: in_force

(a) Any person, who, with intent to avoid compliance with this chapter, wilfully fragments or subdivides any contract for the purchase of materiel, nonprofessional services, public works or professional services, shall be subject to the penalties listed in this section.

(b) Each contract entered into by an agency for professional services shall contain a prohibition against contingency fees as follows:

(1) The firm offering professional services swears that it has not employed or retained any company or person, working primarily for the firm offering professional services, to solicit or secure this agreement by improperly influencing the agency or any of it employees in any professional service procurement process;

(2) The firm offering the professional service has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working primarily for the firm offering professional services, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement; and

(3) For the violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.

(c) Any agency official who offers to solicit or secure, or solicits or secures, any agency or central contract and in connection therewith is paid any fee, commission, percentage, gift or any other consideration, shall be subject to the penalties listed in this section.

(d) Any individual or firm who offers, agrees or contracts to improperly influence any agency or its employees in the procurement of any agency or central contract and who is paid or is to be paid a fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or the making of an agency or central contract, shall be subject to the penalties listed in this section.

(e) Any individual or firm offering materiel and/or services which shall offer to pay to an agency official, representative or employee or is paid any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of any agency or central contract shall be subject to the penalties listed in this section.

(f) Except for § 6960 of this title, for which the penalties and remedies enumerated in that section shall apply, any individual or firm which commits a violation of this chapter, as listed in this section, shall be punished by a fine of not less than $1,000 and not more than $2,000 or by imprisonment for not more than 6 months, or both, and upon a second or subsequent conviction thereof, shall be punished by a fine of not less than $2,000 and not more than $5,000 or by imprisonment for not more than 1 year, or both. The Superior Court for the State shall have exclusive original jurisdiction over offenses listed in this section.

(g) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including but not limited to state and/or federal criminal prosecutions or common law or statutory actions brought by private parties and/or the provisions and penalties defined in Chapter 58 of this title.
29 Del. C. § 7953 — Delaware Code / Title 29 / Chapter 79 / Subchapter IV / Section 7953
§ Â
        7953. Emergency Housing Assistance Fund.
Status: repealed

(a) There is hereby created a special fund, which shall be known as the Emergency Housing Assistance Fund of the Treasury of the State.

(b) All moneys received from the voluntary contribution system established in § 7952 [repealed] of this title shall be deposited in said Fund.

(c) The General Assembly shall make no appropriation into said Fund, but individuals and organizations may, from time to time, make contributions or bequests to the Fund.

(d) The moneys contained in said Fund shall be continuously transferred to the Department of Health and Social Services for the exclusive purpose of carrying out the objectives of §§ 7950-7953 of this title, including administration thereof.

(e) From time to time as determined by the Delaware State Clearinghouse Committee, the Department shall submit a detailed report to members of the Committee of revenues, expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the Department to appear before the Committee and to answer such questions as the Committee may require.
29 Del. C. § 10102 — Delaware Code / Title 29 / Chapter 101 / Subchapter I / Section 10102
§ Â
        10102. Definitions.
Status: in_force

As used in this chapter:

(1) “Agency” means any authority, department, instrumentality, commission, officer, board or other unit of the state government authorized by law to make regulations, decide cases or issue licenses. Agency does not include the General Assembly, courts, municipalities, counties, school districts, the University of Delaware, Delaware State University, Delaware Technical and Community College and other political subdivisions, joint state-federal, interstate or intermunicipal authorities and their agencies.

(2) “Agency action” means either an agency’s regulation or case decision, which could be a basis for the imposition of injunctive orders, penal or civil sanctions of any kind or the grant or denial of relief or of a license, right or benefit by any agency or court, or both.

(3) “Case” or “case decision” means any agency proceeding or determination that a named party as a matter of past or present fact, or of threatened or contemplated private action, is or is not in violation of a law or regulation, or is or is not in compliance with any existing requirement for obtaining a license or other right or benefit. Such administrative adjudications include, without limitation, those of a declaratory nature respecting the payment of money or resulting in injunctive relief requiring a named party to act or refrain from acting or threatening to act in some way required or forbidden by law or regulation under which the agency is operating.

(4) “Court” means the Superior Court of the State except for appeals from the Division of Child Support Services, which will be heard by the Family Court of the State.

(5) “License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but it does not include a license required solely for revenue purposes.

(6) “Party” means each person or agency named or admitted in an agency proceeding as a party, or properly seeking and entitled as of right to be admitted as a party to an agency proceeding.

(7) “Regulation” means any statement of law, procedure, policy, right, requirement or prohibition formulated and promulgated by an agency as a rule or standard, or as a guide for the decision of cases thereafter by it or by any other agency, authority or court. Such statements do not include locally operative highway signs or markers, or an agency’s explanation of or reasons for its decision of a case, advisory ruling or opinion given upon a hypothetical or other stated fact situation or terms of an injunctive order or license.

(8) “Subordinate” means either:

a. One or more but less than a quorum of the members of a board constituting an agency; or

b. Any person or persons designated in writing to act on its behalf.

(9) “Substantive” or “substantive in nature” means, when used in connection with regulations, those regulations allowing, requiring or forbidding conduct in which private persons are otherwise free or prohibited to engage, or regulations which state requirements, other than procedural, for obtaining, retaining or renewing a license or any kind of benefit or recompense.
29 Del. C. § 8524 — Delaware Code / Title 29 / Chapter 85 / Section 8524
§ Â
        8524. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. § 8401 — Delaware Code / Title 29 / Chapter 84 / Section 8401
§ Â
        8401. Establishment of Department.
Status: in_force

(a) The Department of Transportation is hereby established. The Department, through appropriate divisions, authorities, subdivisions, offices and administrations shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Department of Highways and Transportation immediately prior to July 1, 1976.

(b) The powers and duties of the Department of Transportation shall also include, but not be limited to, the following activities:

(1) Coordinating and developing, in cooperation with the federal government, other states, Delaware state agencies, counties, cities, councils and agencies comprehensive balanced transportation planning and policy for the movement of people and goods within the State;

(2) To be the lead agency for establishing and maintaining the continuing, comprehensive, cooperative transportation planning process pursuant to the existing and future provisions of Title 23, United States Code and the Urban Mass Transportation Act of 1964 as amended [49 U.S.C. § 5301 et seq.];

(3) To be the supervising and responsible planning staff for all urban and rural transportation studies and programs in the State and enter into any contracts, agreements and stipulations as required;

(4) To provide the necessary staffing, coordination and liaison required by present and future federal and state acts for transportation planning, programs, grant applications and required administration;

(5) Planning, designing, constructing, operating and maintaining those highway and public transportation systems under its jurisdiction;

(6) Preparing a biennial transportation needs program directed at the achievement of a coordinated and balanced transportation system for the State that is consistent with the state’s social, economic and environmental needs and goals;

(7) To establish a selection process intended to promote engineering and design quality and ensure maximum competition by professional companies of all sizes providing engineering or architectural design services, pursuant to the authority granted in Section 307 of the National Highway System Designation Act of 1995, P.L. 104-59. In developing this process, the Department shall also comply with the Professional Services Negotiation Act, subchapter II of Chapter 69 of this title, as amended. In addition, the Department shall comply with limits on costs reimbursement, including, but not limited to, overhead limits, established by its Consultant Policy Committee. In setting such limits, the Consultant Policy Committee shall consider the goal of the selection process set forth in the 1st sentence of this subsection, as well as the reasonable cost of architectural or engineering services.
29 Del. C. § 5703 — Delaware Code / Title 29 / Chapter 57 / Section 5703
§ Â
        5703. Federal-state agreement.
Status: in_force

The State Agency, with the approval of the Governor, may enter on behalf of the State into an agreement with the Federal Security Administrator, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal old-age and survivors insurance system to employees of the State or any political subdivision thereof with respect to services specified in such agreement which constitute “employment” as defined in § 5701 of this title. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration and other appropriate provisions as the State Agency and Secretary of Health, Education and Welfare shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that:

(1) Benefits will be provided for employees whose services are covered by the agreement and their dependents and survivors on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act [42 U.S.C. § 401 et seq.];

(2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages, as defined in § 5701 of this title, equal to the sum of the taxes which would be imposed by the Federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of such Act;

(3) Such agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any such services performed prior to the first day of the calendar year in which such agreement is entered into or in which the modification of the agreement making it applicable to such services is entered into, except that with respect to an agreement or modification thereof entered into prior to January 1, 1954, the agreement or modification thereof may be effective with respect to such services performed on or after January 1, 1951, except that a modification entered into after December 31, 1954, and prior to January 1, 1958, may be effective with respect to services performed after December 31, 1954, or after a later date specified in such modification;

(4) All services which constitute employment and are performed in the employ of the State by employees of the State shall be covered by the agreement; provided, however, that services which may be excluded under the Social Security Act may be excluded by the agreement and provided further that the agreement may be drawn to exclude all employees of the State without prejudice to the right to cover employees of the State in a subsequent modification of the agreement;

(5) All services which (i) constitute employment as defined in § 5701 of this title, (ii) are performed in the employ of a political subdivision of the State and (iii) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State Agency under § 5706 of this title shall be covered by the agreement; provided, however, that services which may be excluded under the Social Security Act may be excluded by the agreement;

(6) As modified, the agreement shall include all services described in either paragraph (4) or (5) of this section and performed by individuals to whom § 218(c)(3)(B) of the Social Security Act [42 U.S.C. § 418] is applicable and shall provide that the service of any such individual shall continue to be covered by the agreement in case the individual thereafter becomes eligible to be a member of a retirement system; and

(7) As modified, the agreement shall include all services described in either paragraph (4) or (5) of this section and performed by individuals in positions covered by a retirement system with respect to which the Governor has issued a certificate to the Secretary of Health, Education and Welfare pursuant to § 5710(b) of this title.
29 Del. C. § 7701 — Delaware Code / Title 29 / Chapter 77 / Subchapter I / Section 7701
§ Â
        7701. Proclamation of emergency temporary location of the seat of government.
Status: in_force

(a) For purposes of this subchapter:

(1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.

(2) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

a. Threatens the life, health, or safety of the public.

b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.

c. Makes the continuation of normal government operations difficult or impossible.

(b) If the Governor determines that, due to the effects of an emergency event, or the anticipated effects of a threatened, perceived, or imminent emergency event, it is imprudent, inexpedient, or impossible to conduct the affairs of state government in Dover, the Governor shall, by proclamation, do all of the following:

(1) Declare an emergency temporary location of the seat of government.

(2) Take any action or issue any order as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location.

(c) The emergency temporary location remains as the seat of government until 1 of the following occurs:

(1) The General Assembly, by law, establishes a new location.

(2) The Governor, by proclamation, determines that the affairs of state government may be conducted in Dover and returns the seat of government to Dover.
29 Del. C. § 2503 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2503
§ Â
        2503. Definition of Attorney General.
Status: in_force

Whenever “Attorney General” is referred to or designated in the Constitution, any statute, rules of any court, contract, document or usage, such reference or designation shall include any person duly appointed by the Attorney General pursuant to § 2505 of this title, except where the term “Attorney General” is immediately followed by “himself or herself” or “in person” or where the context otherwise indicates.
29 Del. C. § 8516 — Delaware Code / Title 29 / Chapter 85 / Section 8516
§ Â
        8516. Exemptions.
Status: in_force

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

(1) Secretary of Labor;

(2) Director of Employment and Training;

(3) Director of Industrial Affairs;

(4) Director of Unemployment Insurance;

(5) Director of Vocational Rehabilitation;

(6) Chief of the Office of Occupational and Labor Market Information; and

(7) Executive Director of the Workforce Investment Board.
29 Del. C. § 6966 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6966
§ Â
        6966. Multiple source contracting.
Status: in_force

An agency may award a contract for a particular public works project to 2 or more firms if the agency head makes a determination that such an award is in the best interests of the State. If such a determination is made, the advertisement shall include a notification of the right of the agency to make such an award and the criteria upon which such an award will be based.
29 Del. C. § 6980 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6980
§ Â
        6980. Small professional services procurement process.
Status: in_force

(a) Applicability. —

Any state contract for which an agency is a party with probable fees, including reimbursable expenses and amendments, less than the threshold amount or amounts established by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title for the completed job shall be excluded from all other portions of this subchapter. Agencies may, alternately, at their discretion, procure services which include materiel other than professional services in accordance with § 6924 of this title.

(b) Procedure. —

The Director, with the approval of the Contracting and Purchasing Advisory Council, shall provide for a simplified administrative process for obtaining competitive procurement for small professional services purchases. If applicable, the procedure shall incorporate the procedures identified as lifecycle costing analysis as specified in § § 6902 and 6909A(b) of this title. This procedure shall be in writing and distributed to all agencies.
29 Del. C. § 5526 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5526
§ Â
        5526. Payment of disability pension.
Status: in_force

(a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases to be eligible or dies.

(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year, beginning in 1972, in a form prescribed by the Board, the total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over 1/2 of the annual rate of compensation, adjusted annually for any increase in the total “Median Usual Weekly Earnings” as published by the U.S. Department of Labor, received before the pensioner developed a disability shall be deducted from the disability pension during the 12 months beginning in July of the year following the calendar year for which earnings are reported, in a manner determined by the Board. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro rata basis.

(c) Any disability pensioner who was employed as a “police officer” as defined in § 8401 of Title 11 or employed as an officer of the Capitol Police who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the Board, their total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over the annual rate of compensation, adjusted annually for any increase in the total “Median Usual Weekly Earnings” as published by the U.S. Department of Labor, received at the time of the disability shall be deducted from their disability pension during the 12 months beginning in July of the year following the calendar year for which the earnings are reported, in a manner determined by the Board. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro-rata basis.

(d) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the pensioner to qualify subsequently for a service pension or another disability pension.
29 Del. C. § 8115 — Delaware Code / Title 29 / Chapter 81 / Section 8115
§ Â
        8115. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 8781 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8781
§ Â
        8781. Creation of Diamond State Port Corporation.
Status: repealed

(a) There shall be established within the Department of State a body corporate and politic, with corporate succession, constituting a public instrumentality of the State, and created for the purpose of exercising essential governmental functions which is to be known as the “Diamond State Port Corporation.” This Corporation shall exercise all such functions necessary in connection with the assumption, establishment, acquisition, construction, rehabilitation, improvement, operation and maintenance of the Port of Wilmington and related facilities, including without limitation marine terminal facilities, which shall be deemed and held to be essential governmental functions of this State. The Corporation shall be a membership corporation with the Department of State as sole member and shall have a certificate of incorporation and by-laws consistent with this subchapter. The certificate of incorporation of the Corporation shall provide for approval of the Delaware General Assembly in order to amend the certificate of incorporation, to effect a merger or dissolution of the Corporation or to effect a sale of all or substantially all of the assets of the Corporation.

(b) The Corporation shall be governed by a board of directors consisting of 15 members, all of whom shall be residents of this State. Eight of these directors shall be:

(1) The Secretary of State;

(2) The Secretary of Transportation;

(3) [Repealed.]

(4) The Secretary of Finance;

(5) The Controller General;

(6) The Co-Chairs of the General Assembly’s Joint Legislative Committee on the Capital Improvement Program or their designee or designees; and

(7) The Secretary of the Department of Safety and Homeland Security.

The Governor shall appoint the Chair from among the 5 cabinet directors and the Chair shall serve at the pleasure of the Governor. The Chair shall be subject to the advice and consent of the Senate; however, such consent shall be limited to the additional duties of the Chair of this Corporation and not impact the prior confirmation as Cabinet Secretary. The remaining 7 directors shall be appointed by the Governor with the advice and consent the Senate. These 7 directors shall consist of individuals from the private or public business sectors and organized labor familiar with port and economic development issues. There shall be at least 1 director from each of the 3 counties of the State, at least 1 director from the City of Wilmington and 3 directors who shall fill at-large positions on the Board. Of these 7 directors no more than 4 shall be registered in the same major political party. The terms of the original of these 7 such directors shall be as follows: 2 directors to serve for 1 year; 2 directors to serve for 2 years; and 2 directors to serve for 3 years. Each noncabinet director shall serve a term of 3 years.

(c) As to the 7 noncabinet directors, in the event of the death of a director, permanent disability of a director, resignation of a director or failure of a director to perform their duties, the Governor shall appoint an interim director to serve for a period not to exceed 6 months, unless such interim director shall be confirmed by the Senate, in which case the interim director shall complete the term of the replaced director.

(d) For purposes of conducting business of the Corporation, 6 directors shall constitute a quorum, except as otherwise provided. A vote of 6 members shall be required for action on any matter before the Corporation, except as otherwise provided herein.

(e) The Diamond State Port Corporation shall have an advisory board consisting of 9 members. The 9-member advisory board shall be individuals representing port businesses, labor organizations and individuals with expertise in business, trade, or economic development. The Governor, the President Pro Tempore of the Senate and the Speaker of the House shall each appoint 2 members. The Port of Wilmington Maritime Association and the State Chamber of Commerce shall each appoint 1 member from their respective organizations. The Chair of the Diamond State Port Corporation shall appoint a member from the Diamond State Port Corporation Board. The Chair of the advisory board shall be selected from among the advisory board members by a majority vote. The purpose of the advisory board shall be to advise the Diamond State Board of Directors on strategic planning, capital investment, business development opportunities, and on issues involving the maritime community. The advisory board shall meet at least quarterly. The governing board of the Diamond State Port Corporation shall meet with the advisory board twice a year. Four members of the advisory board will have 2-year terms at advisory board creation and 5 shall have 4-year terms. Every member thereafter shall serve 4 years, with 2 possible consecutive reappointments.
29 Del. C. § 9005D — Delaware Code / Title 29 / Chapter 90D / Section 9005D
§ Â
        9005D. Division of Talent Management.
Status: repealed

(a) The Division of Talent Management of the Department of Human Resources is hereby established, having the powers, duties and functions as follows. Consistent with the right of public employees to organize under Chapter 13 of Title 19, the Director of Talent Management shall have the following responsibilities:

(1) Attend meetings of the Merit Employee Relations Board, act as liaison between the Board and the Department of Human Resources, and cooperate with the staff of the Board in administrative and technical activities.

(2) To assume the central leadership role for the Executive Branch over matters relating to development and maintenance of statewide Department of Human Resources policies and procedures.

(3) [Repealed.]

(4) Encourage the development of more effective personnel administration within the departments and agencies in the state service and make available for this purpose the assistance and facilities of the Merit Employee Relations Board.

(5) Investigate from time to time the operation and effect of Chapter 59 of this title, and of the rules made thereunder and to report findings and recommendations to the Merit Employee Relations Board.

(6) Perform any other lawful acts necessary or desirable to carry out the provisions of Chapter 59 of this title and the rules adopted thereunder.

(b) The Director of Talent Management shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
29 Del. C. § 1135 — Delaware Code / Title 29 / Chapter 11 / Subchapter III / Section 1135
§ Â
        1135. Duties of state agencies.
Status: repealed

Each agency shall submit to the Division a general description of its organization, its methods of operation, the name, address and telephone number of a contact person or persons that will be responsible for submitting proposed, adopted or regulations to be repealed to the Registrar, and a current copy of existing regulations. The contact person shall have a general working knowledge of the agency’s functions, responsibilities and internal procedures and familiarity with the Administrative Procedures Act. The submission shall include a brief statement of the nature and requirements of all rules of practice and the procedure used by the agency to exercise its statutory authority of promulgating regulations.
29 Del. C. § 7722 — Delaware Code / Title 29 / Chapter 77 / Subchapter II / Section 7722
§ Â
        7722. Legality of acts.
Status: in_force

While the political subdivision’s public business is being conducted at the emergency temporary location established under § 7721(b) of this section, the governing body and other officers of the political subdivision shall have and possess and shall exercise, at such location, all of the executive, legislative, and judicial powers and functions conferred upon the governing body and officers by or under the laws of this State.

(1) All acts of the political subdivision’s governing body and its officers are as valid and binding as if performed within the territorial limits of the political subdivision.

(2) The political subdivision’s powers and functions may be exercised in the light of the exigencies of the emergency situation, without regard to or compliance with time consuming procedures and formalities ordinarily prescribed by law and pertaining to the political subdivision.
29 Del. C. § 5937 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5937
§ Â
        5937. Interview and preference  for current casual seasonal employees.
Status: in_force

The rules shall provide for an automatic interview for an applicant who is a casual seasonal employee working in the division and section, performing the same job duties as the posted merit position, provided the casual seasonal employee meets the minimum qualifications and any preferential or selective qualifications included in the posting and the casual seasonal employee may be given preference in the hiring process.
29 Del. C. § 6518 — Delaware Code / Title 29 / Chapter 65 / Section 6518
§ Â
        6518. Examination of bills and accounts by Secretary of Finance; grounds for disapproval.
Status: in_force

(a) The Secretary of Finance shall examine all bills, statements, accounts and demands against the State and the Secretary of Finance may require affidavits that articles have been furnished, services rendered and expenses incurred, as claimed. The Secretary of Finance shall refuse to approve any bill or statement of indebtedness which has not been presented to the Secretary of Finance in conformity with this chapter, or which would more than exhaust the appropriation from which it must be paid, or which is not in accordance with the contract under which the indebtedness was created or where the agency shall have refused to furnish the Secretary of Finance with any information or data that the Secretary of Finance may require for the execution of the Secretary’s duties, or where the order or requisition, or bill or statement of indebtedness involves any transaction or item not in accordance with law. The Secretary of Finance shall have no right to refuse approval except on the grounds specified.

(b) Nothing in this section shall apply to the Governor of this State or to the judicial department thereof, or to the principal or interest of any obligation of the State.
29 Del. C. § 9002E — Delaware Code / Title 29 / Chapter 90E / Section 9002E
§ Â
        9002E. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Business relationship” means that any of the following apply to the relationship between a state agency and an individual or entity:

a. A financial interest, contract, or purchase.

b. A license or permit requiring the exercise of judgment or discretion by a state agency.

(2) “Inspector General” means the Office of Inspector General (“Office”), the individual appointed as the Inspector General, and the staff of the Office of Inspector General.

(3) “Public office” means as defined in § 8002 of Title 15.

(4) “Records” means all records, accounts, reports, documents, correspondence, data, information, property, and any other physical or electronic material used by or belonging to a state agency or relating to a business relationship with a state agency.

(5) a. “State agency” means any office, department, board, commission, committee, school district, and all public bodies created by the Delaware Constitution or by an act of the General Assembly.

b. “State agency” includes the General Assembly, in regard to the General Assembly’s management of governmental resources and routine administrative operations, such as requirements related to employment practices and procurement.

c. “State agency” does not include any of the following:

1. A county or municipality.

2. A court.

3. The General Assembly, in regard to the General Assembly’s legislative functions or disciplinary authority governed by the Delaware Constitution and the rules of proceedings adopted under § 9 of Article II of the Delaware Constitution.
29 Del. C. § 521 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 521
§ Â
        521. Appointment of records officers.
Status: in_force

(a) Each state agency and political subdivision of this State shall designate as many as appropriate, but at least 1, records officer to serve as liaison with the Delaware Public Archives for the purpose of implementing and overseeing a records management program, and coordinating legal disposition, including destruction of obsolete records.

(b) Appointment of state agency records officers shall be made by the respective heads of each agency.

(c) Appointment of records officers for the political subdivisions of this State shall be made by the chief administrative official of such political subdivision.
29 Del. C. § 5619 — Delaware Code / Title 29 / Chapter 56 / Section 5619
§ Â
        5619. Payment of benefits.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the State Judiciary Retirement Fund shall be liable for any amount in excess of such sums.
29 Del. C. § 8804 — Delaware Code / Title 29 / Chapter 88 / Subchapter I / Section 8804
§ Â
        8804. Duties of the Secretary with the advice of the Commission [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) The Secretary shall, with the advice of the Commission, do all of the following:

(1) Develop and propose strategies for providing alternative forms of elder care or to create 1 or more additional veterans homes to ensure that as many veterans as possible can be served and housed as they grow older.

(2) Operate and administer 1 or more Delaware veterans memorial cemeteries in this State and promulgate such rules and regulations governing the operation of the cemeteries as necessary.

(3) Maintain a repository for all veterans’ “Statement of Service” or similar documentary verification of active armed service.

(4) Administer the Delaware Veterans Trust Fund, which will provide financial assistance or grants to veterans with a minimum discharge status of general discharge under honorable conditions to cover costs associated with medical and dental needs; medical transportation; homelessness support; home repairs and safety modifications; household utilities; and educational or retraining programs.

(5) Represent this State in concert with other states’ veterans’ agencies and the U.S. Department of Veterans Affairs on matters of mutual interest and concern.

(6) Coordinate with and advise all departments and agencies of this State on all matters pertaining to education, training, employment, medical, and financial benefit programs for veterans, their dependents, and their survivors.

(b) The Commission shall provide advice to the Secretary in the financial oversight and operation of the Delaware State Veterans Home.

(c) The Department and the Secretary shall augment, not replace nor infringe upon, the functions of the service officers of veterans’ organizations. The Department may accredit claims representatives in each county. Department-accredited claims representatives are accountable to the Department.
29 Del. C. § 4606 — Delaware Code / Title 29 / Chapter 46 / Section 4606
§ Â
        4606. Annual reports.
Status: in_force

The Office of Defense Services shall make an annual report to the Governor and the General Assembly covering all cases handled by the Office of Defense Services during the preceding year.
29 Del. C. § 7421 — Delaware Code / Title 29 / Chapter 74 / Section 7421
§ Â
        7421. Bonds, notes and revenue notes as legal investments for institutions and fiduciaries; legal deposit.
Status: in_force

(a) Bonds, notes and revenue notes are securities in which any officer of the State and any officers of political subdivisions, administrative departments, boards and commissions of the State, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who are now or may, on and after July 12, 1979, be authorized to invest in bonds, notes, revenue notes or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control.

(b) Such bonds, notes and revenue notes are securities which may properly and legally be deposited with and received by any officer of the State, or an officer of any political subdivision or agency of the State, for any purpose for which the deposit of bonds, notes, revenue notes or other obligations of the State is now or may, on and after July 12, 1979, be authorized by law.
29 Del. C. § 7907A — Delaware Code / Title 29 / Chapter 79A / Section 7907A
§ Â
        7907A. Distressed Cemetery Fund.
Status: in_force

(a) The Distressed Cemetery Fund is funded by adding $2.00 to the fee established in § 3132 of Title 16 for each copy of a certificate of death. Individuals and organizations may also make contributions or bequests to the Fund.

(b) Administrative support shall be provided by the Division of Public Health of the Department of Health and Social Services.

(c) The Office of Auditor of Accounts shall audit the Distressed Cemetery Fund at least once every 5 years.
29 Del. C. § 4333 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4333
§ Â
        4333. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.
Status: in_force

(a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected.

(b) (1) Before a notarial officer performs the notarial officer’s initial notarial act with respect to an electronic record, a notarial officer shall do all of the following:

a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records.

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

(2) If the Secretary of State has established standards for approval of technology under § 4338 of this title, the technology must conform to the standards.

(3) If the technology conforms to the standards, the Secretary of State shall approve the use of the technology.

(c) A Recorder of Deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
29 Del. C. § 8301 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8301
§ Â
        8301. Establishment.
Status: in_force

A Department of Finance is established.
29 Del. C. § 5933 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5933
§ Â
        5933. Leaves.
Status: in_force

(a) The rules shall provide for annual, sick and special leaves of absence, with pay or at reduced pay. Whenever an officer or employee of the State, including those exempt from the classified service, qualifies for workers’ compensation disability benefits, such officer or employee, for a period not to exceed 3 months from the date such compensation begins, shall not be charged sick leave and shall receive from the State the difference, if any, between the total of: (1) The amount of such compensation, (2) any disability benefits received under the Federal Social Security Act, and (3) any other employer supported disability program, and the amount of wages to which the officer or employee is entitled on the date such compensation begins, provided the injury or disease for which such compensation is paid is not the direct result of such officer or employee’s misconduct and occurs during a period of employment for which the employee is entitled to receive wages. No more than 1 period of supplemental pay shall be made under this subsection for any work injury, including any recurrence or aggravation of that work injury.

(b) Subsection (a) of this section applies to officers or employees of the State who qualified to receive supplemental compensation under this section subsequent to June 30, 1981. Officers or employees of the State who qualified to receive supplemental compensation under this section prior to July 1, 1981, and remain entitled to receive such supplemental compensation, shall have such supplemental compensation terminated as of September 1, 1985.

(c) Notwithstanding subsection (a) of this section, the 3-month limitation shall not apply to any employee injured while performing a hazardous duty assignment and whose injury or injuries arose out of and in the course of performing hazardous duty; provided, however, such employee shall be entitled to the benefits of this section for not more than 12 months. Hazardous duty assignments shall include, but not be limited to:

(1) Employees otherwise qualified who are employed by the Department of Correction;

(2) Employees otherwise qualified who are employed by the Delaware Psychiatric Center who are assigned to programs for the criminally insane;

(3) Employees otherwise qualified who are employed by the Division of Youth Rehabilitation;

(4) State law-enforcement officers in the performance of their duties; provided, however, no law-enforcement officer shall be covered under this section while said officer is performing a function or duty that is considered administrative in nature;

(5) State employees serving in response to the imminent danger of hazardous waste material, including but not limited to the SERT Team.

(d) The Secretary shall promulgate such rules and regulations as may be required to administer this act and shall periodically review and recommend other state employees engaged in hazardous duty assignments for inclusion for coverage under this section.

(e) Notwithstanding subsection (a) of this section, any employee who suffers a serious illness or injury in the line of duty that is caused or contributed to by war or act of war (declared or not), who is a member of the United States Military or National Guard shall not be charged sick leave for recovery for medical procedures or operations resulting from said injury or illness for a period of 6 months. To be eligible for this category of leave the employee shall have returned to active state employment status for a period of not less than 30 calendar days and shall have completed any necessary certification established by the Secretary. The eligibility for such period of leave shall not be longer than 6 consecutive months and shall be invoked within the first year of return to active employment status. In extraordinary circumstances, approval may be sought from the Secretary to use said consecutive leave on an intermittent basis. All benefits and rights within this subsection shall exhaust within the first year of return to active employment status. The Secretary shall be authorized to establish rules and procedures consistent with this subsection.

(f) A State employee who is a member of the military reserves of the United States or the Delaware National Guard, shall be excused from work with pay to attend training camp or serve special duty as ordered by the United States military or the Delaware National Guard. Paid leave under this subsection must not exceed 225 hours for employees working a 37.5 hour work week or 240 hours for employees working a 40 hour work week in any calendar year. For purposes of this subsection, “State employee” includes all benefit-eligible employees who are in classified service or who are exempt from classified service.
29 Del. C. § 804 — Delaware Code / Title 29 / Chapter 8 / Subchapter I / Section 804
§ Â
        804. Determining district boundaries; criteria.
Status: in_force

In determining the boundaries of the several representative and senatorial districts within the State, the General Assembly shall use the following criteria. Each district shall, insofar as is possible:

(1) Be formed of contiguous territory;

(2) Be nearly equal in population;

(3) Be bounded by major roads, streams or other natural boundaries; and

(4) Not be created so as to unduly favor any person or political party.
29 Del. C. § 4864 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4864
§ Â
        4864. Scope of registration review.
Status: in_force

(a) The Director shall prescribe the initial form of the application for registration which shall include the following requirements:

(1) The full name and principal address of the operator

(2) If a corporation, the name of the state in which incorporated and the full names and addresses of any partner, officer, director, shareholders holding 10% or more equity, and ultimate equitable owners.

(3) If a business entity other than a corporation, the full names and addresses of the principals, partners, members, and other types of equity holders holding 5% or more equity, and ultimate equitable owners.

(4) Whether such corporation or entity files information and reports with the United States Securities and Exchange Commission as required by § 13 of the Securities Exchange Act of 1934 (15 U.S.C. § 78m); or whether the securities of the corporation or entity are regularly traded on an established securities market in the United States.

(5) The type and estimated number of contests to be conducted annually.

(6) A statement of the assets and liabilities of the operator.

(7) Criminal record. —

a. Information regarding the criminal record, if any, of the following individuals, if those individuals are involved in the day-to-day management of interactive fantasy sports contests or operations, and as applicable to the entity’s business structure:

1. Each partner of a partnership holding 10% or more of the partnership;

2. Each member of a limited liability company holding 10% or more of the LLC;

3. Each director and officer of a nonpublicly held corporation;

4. Each director and officer of a publicly held corporation;

5. Each stockholder holding 10% or more of a corporation; and

6. Ultimate equitable owners.

b. Individuals identified in paragraph (a)(7)a. of this section shall have a duty to disclose on the application for registration whether they have been convicted of a crime, other than traffic violations and convictions that have been expunged, and provide the nature of the crime, the date and place of the conviction, and the legal disposition of the case.

c. Fingerprinting procedure required. —

1. Individuals identified in paragraph (a)(7)a. of this section shall be required to submit fingerprints and other necessary information in order to obtain the following:

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

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

2. All information obtained pursuant to this subsection shall be forwarded to the Division, which shall access the information and make a determination to approve or deny an application for registration. A copy of all information forwarded to the Division shall be provided to the individual. The individual shall have an opportunity to respond in writing to the Division regarding any information obtained pursuant to paragraph (a)(7)a. of this section prior to a determination of suitability for registration. Information obtained under this subsection is confidential and may only be disclosed to the Director and designated personnel of the Division. The State Bureau of Identification may release any subsequent criminal history to the Division.

3. An individual whose criminal record is required pursuant to paragraph (a)(7)a. of this section who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check if the individual submits:

A. The results of such previous criminal background check, including any previous federal criminal background check; and

B. A reference from the individual’s most recent employer, if any, covering the previous 12 months.

4. Individuals identified in paragraph (a)(7)a. of this section of those operators who received a conditional registration or registration to administer, manage or otherwise make available an interactive fantasy sports platform to offer interactive fantasy sports contests to persons located in Delaware on or before August 25, 2017, shall submit by January 1, 2019, at the registrant’s expense, fingerprints and other necessary information in order to obtain a criminal background pursuant to this paragraph (a)(7).

(b) The Director may require the full names and addresses of the officers and directors of any creditor of the operator, and of those stockholders, members, partners, or other equity holders who hold more than 10% of the stock, interests, or equity of the creditor.

(c) The Director may impose a monetary penalty, not to exceed $1,000 per violation, deny any application for registration, or suspend, refuse to renew, or revoke any existing registration issued pursuant to this subchapter, upon the finding that the operator or registrant, or any individual identified in paragraph (a)(7)a. of this section has done any of the following:

(1) Knowingly made a false statement of material fact or has deliberately failed to disclose any information required by the Director.

(2) Had a registration or license to offer or conduct contests denied, suspended, or revoked in any other state or country for just cause.

(3) Legally defaulted in the payment of any obligation or debt due to the federal government, or any state or political subdivision.

(4) Within 10 years of the date of the application for registration, has been:

a. Found guilty of any illegal, corrupt, or fraudulent act, practice, or conduct in connection with any interactive fantasy sport contest in this or any other state; or

b. Convicted of a felony, or any criminal offense involving dishonesty or breach of trust;

(5) At any time, knowingly failed to comply with any requirement of this chapter, any regulations promulgated by the Director, or any other additional requirements of the Director.

(d) The Director may revoke a registration if the Director finds that facts not known at the time the Director considered the application that if know, would have justified the denial of the application.

(e) When the Director denies, revokes or fails to renew an application, the operator shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the Director.

(f) All information and data required by the Director to be furnished in the application or investigative process, or which otherwise may be obtained by the Division, pertaining to an applicant’s criminal record, financial record, and background, including an application form and registration investigation report, shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the Attorney General, to a duly authorized law-enforcement agency. The Director may enter agreements with other law-enforcement agencies or other interactive fantasy sports contest regulatory agencies for the sharing of confidential information. Any person who violates this subsection (f) shall be guilty of a class A misdemeanor.

(g) All information and data required by the Director to be furnished, or which otherwise may be obtained by the Division, relative to internal controls of an operator or registrant shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the Attorney General, to a duly authorized law-enforcement agency. Any person who violates this subsection (g) shall be guilty of a class A misdemeanor.

(h) The Director may issue a temporary registration for good cause and upon a finding that the issuance of a temporary registration is necessary to allow for the efficient operation of daily interactive fantasy sports. Temporary registration shall remain in effect for no more than 12 months from the date of issuance.
29 Del. C. § 5049 — Delaware Code / Title 29 / Chapter 50 / Subchapter III-A / Section 5049
§ Â
        5049. Fund eligibility [Transferred].
Status: in_force

Transferred to § 8749A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9020C — Delaware Code / Title 29 / Chapter 90C / Subchapter II / Section 9020C
§ Â
        9020C. Prohibition on disclosure of personal information.
Status: in_force

No state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information. For the purposes of this section, the voluntary disclosure of personal information to a state agency by a user through a state agency website, whether solicited or unsolicited, shall constitute consent to the disclosure of the information by the state agency for the specific purposes for which the user disclosed it to the state agency.
29 Del. C. § 6909A — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6909A
§ Â
        6909A. Lifecycle costing analysis.
Status: in_force

(a) In the case of small and large public works contracts awarded under § 6961, § 6962 or § 6965 of this title, the contracting agency shall require the project architect or project engineer to perform lifecycle costing analysis on equipment, systems, materiel and design elements for public works projects when said equipment, systems, materiel and design elements have the potential to reduce operating, maintenance or energy costs over the useful life of the public works project. On the basis of said analysis, the project architect or the project engineer shall incorporate in the public works contract specifications the equipment, systems, materiel, and design elements for the public works project that have the lowest total cost of ownership and operation over the useful life of the public works project. The use of lifecycle costing analysis may be waived by the agency head, in writing, if any of said equipment, systems, materiel or design elements are not appropriate for lifecycle costing analysis.

(b) In the case of contracts awarded under §§ 6922, 6923, 6924, 6925, 6933, 6934 and 6938 of this title, the contracting agency shall perform lifecycle costing analysis on equipment that has the potential to reduce operating, maintenance or energy costs over the useful life of the equipment. On the basis of said analysis, the contracting agency shall incorporate specifications in the contract for equipment that has the lowest total cost of ownership and operation over the useful life of the equipment. The use of lifecycle costing analysis may be waived by the agency head, in writing, if the equipment is not appropriate for lifecycle costing analysis. In the case of central contracts, and public works contracts awarded by the Office, only the Director may waive the use of lifecycle costing analysis.
29 Del. C. § 6985 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6985
§ Â
        6985. Sole source procurement.
Status: in_force

(a) A contract may be awarded for professional service without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required professional service. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required professional service and that no other type of professional service will satisfy the requirements of the agency. The agency shall examine cost or pricing data prior to an award under this section. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination by the agency on the basis for the sole source procurement shall be included in the contract file.

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

(c) The agency shall negotiate with the single supplier, to the extent practicable, a contract advantageous to the agency. The agency shall enter into a formal contract stating the terms and conditions of the procurement.
29 Del. C. § 5531 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5531
§ Â
        5531. Application for benefits.
Status: in_force

(a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlier than the second month preceding the date on which the application for such benefit is filed. Said 2-month look-back restriction shall not apply to applications pursuant to § 5524 of this title.

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

(c) A service pension, disability pension, or survivor’s pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust (“Miller Trust”), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.
29 Del. C. § 7960 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7960
§ Â
        7960. Definitions.
Status: in_force

As used in this subchapter, except where the context clearly indicates a different meaning:

“Congregate housing facility” means a facility housing 8 or more homeless adults and children on a temporary basis.
29 Del. C. § 5280 — Delaware Code / Title 29 / Chapter 52B / Section 5280
§ Â
        5280. Definitions.
Status: in_force

(a) “Board” means the Board of Pension Trustees established by § 8308 of this title.

(b) “OPEB Fund” means the Other Post-Employment Benefits Fund established by § 5281 of this title.
29 Del. C. § 5216 — Delaware Code / Title 29 / Chapter 52 / Section 5216
§ Â
        5216. Cost sharing in diabetes equipment and supplies.
Status: in_force

(a) For purposes of this section, “diabetes equipment and supplies” means blood glucose meters and strips, urine testing strips, syringes, continuous glucose monitors and supplies, and insulin pump supplies.

(b) The plan for regular employees and eligible pensioners who are not entitled to services, rights, or benefits under the federal Medicare program shall provide coverage for diabetes equipment or supplies as follows:

(1) A covered individual shall pay under the health plan no more than $35 per month for each enrolled individual, regardless of the amount or types of diabetes equipment or supplies needed. The $35 per month cap includes deductible payments and cost-sharing amounts charged once a deductible is met.

(2) Cost-sharing shall not be imposed under the covered individual’s drug coverage.

(c) The cap on the amount a covered individual is required to pay under subsection (b) of this section applies to an enrolled individual who is in compliance with all coordination of benefits policies of the plan, including spousal coordination of benefits.
29 Del. C. § 7996 — Delaware Code / Title 29 / Chapter 79 / Subchapter IX / Section 7996
§ Â
        7996. Identification of participants and confidentiality.
Status: in_force

(a) Each program participant shall be issued an identification card with an identification number. The identification number shall be cross-indexed to a confidential record containing pertinent data on the participant.

(b) Information obtained by the program that would identify program participants, including program records is:

(1) Confidential;

(2) Not open to public inspection or disclosure; and

(3) Not discoverable in any criminal or civil proceeding.

(c) Upon the written consent of a program participant, information obtained by the program may be released or disclosed to a person or agency as directed by the participant.

(d) If a program participant raises the issue of participation in the program either as a subject matter or legal defense in an administrative, civil, or criminal proceeding, the program participant waives the confidentiality of identity provided under subsections (a) and (b) of this section.
29 Del. C. § 9305 — Delaware Code / Title 29 / Chapter 93 / Section 9305
§ Â
        9305. Maximum federal participation.
Status: in_force

In determining the amounts to be paid under §§ 9302, 9303 and 9304 of this title, the agency shall provide payments which will assure maximum federal participation in federally assisted projects or programs.
29 Del. C. § 5121 — Delaware Code / Title 29 / Chapter 51 / Section 5121
§ Â
        5121. Leave for serving on veteran funeral detail.
Status: in_force

Any state employee who is a veteran or a member of the National Guard Reserve may serve on 1 veteran funeral detail per calendar year without loss of pay, vacation, sick leave or personal leave credit.
29 Del. C. § 5067 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5067
§ Â
        5067. Liberal construction of subchapter [Transferred].
Status: in_force

Transferred to § 8767A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9313 — Delaware Code / Title 29 / Chapter 93 / Section 9313
§ Â
        9313. Payments not income or resources.
Status: in_force

No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under state law or for the purposes of the Delaware state income or corporation income tax. Such payments shall not be considered as income or resources to any recipient of public assistance under Title 31, and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
29 Del. C. § 5595 — Delaware Code / Title 29 / Chapter 55A / Subchapter III / Section 5595
§ Â
        5595. Payment of benefits.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the County and Municipal Employees’ Retirement Fund shall be liable for any amount in excess of such sums.
29 Del. C. § 4313 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4313
§ Â
        4313. Commission; signature of Governor; seal.
Status: in_force

(a) The commission appointing a notary public must be in a form as the Secretary of State designates and must be executed by the Governor and the Secretary of State. The signatures required by this subsection may be satisfied by an electronic or a facsimile signature which may be engraved, printed, or stamped on the commission.

(b) The impression of the Great Seal of the State, or a facsimile of the Great Seal, must be engraved or printed on the commission.
29 Del. C. § 8910 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8910
§ Â
        8910. Annual report.
Status: in_force

The Commissioner of the Department of Correction shall make an annual report to the Governor and to the General Assembly which shall describe the Department’s operations. The Commissioner shall also render such other reports as the Governor or the General Assembly may from time to time request, or as may be required by law.
29 Del. C. § 9306 — Delaware Code / Title 29 / Chapter 93 / Section 9306
§ Â
        9306. Relocation assistance advisory services.
Status: in_force

(a) Programs or projects undertaken by an agency shall be planned in a manner that:

(1) Recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses and farm operations; and

(2) Provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.

(b) An agency shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency may make available to such person such advisory services.

(c) Each relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities or services as may be necessary or appropriate in order to:

(1) Determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance;

(2) Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations;

(3) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;

(4) Supply:

a. Information concerning federal, state and local programs which may be of assistance to displaced persons; and

b. Technical assistance to such persons in applying for assistance under such programs;

(5) Provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation; and

(6) The agency shall coordinate relocation activities performed by such agency with other federal, state or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services.

(d) Notwithstanding § 9301(5)b. of this title, in any case in which an agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the agency.
29 Del. C. § 5018 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5018
§ Â
        5018. Budget [Transferred].
Status: in_force

Transferred to § 8718A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 7514 — Delaware Code / Title 29 / Chapter 75 / Section 7514
§ Â
        7514. Local funds and state appropriations to be deposited.
Status: in_force

The moneys paid to the State Treasurer by a school district as its local share under any school construction bond authorization act and any funds appropriated as its local share by the State under any school construction bond authorization act, including any additional amount appropriated to such school district by the State, and for the financing of which bonds of the State are to be issued shall be deposited by the State Treasurer in a special fund and shall be expended only for school construction in such district. Each of said local shares and additional amounts shall be credited with interest in the following manner:

(1) The State Treasurer shall credit to the account of each local school district which has funds on deposit with the State Treasurer such amount of interest as determined by this section upon such funds. The rate of interest applied shall be based upon net interest earned and calculated under guidelines established by the Cash Management Policy Board.

(2) On or before the last day of each month, the State Treasurer shall credit the operating and debt service accounts respectively of each school district’s operating and debt service funds with interest on the average daily balances in operating and debt service funds for the preceding month. The amount of interest due shall be calculated upon the average daily account balances determined by the respective financial activity reports of the Department of Finance.

(3) On or before the first day of each month, the State Treasurer shall credit the debt service of each local school district’s construction fund with interest on the average balance of that proportion of the construction account contributed by the local district. The amount of interest due shall be calculated upon the average daily account balances determined by the respective financial activity reports of the Department of Finance.
29 Del. C. § 8502 — Delaware Code / Title 29 / Chapter 85 / Section 8502
§ Â
        8502. Secretary; division directors; Acting Secretary; appointment.
Status: in_force

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

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

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

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

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

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the director of any division of the Department to serve as Acting Secretary. The Secretary may, during the absence from the State, appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. § 4701A — Delaware Code / Title 29 / Chapter 47 / Section 4701A
§ Â
        4701A. Definitions [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

For purposes of this chapter:

(1) “Biological sample” means any evidence collected for the purpose of identifying DNA.

(2) “Buccal swab” means a swab taken from the inside of an individual’s cheek.

(3) “CODIS” means the Federal Bureau of Investigation’s Combined DNA Index System.

(4) “Consensual partner elimination standard” means a blood or buccal swab taken from the consensual partner of an individual that is used to determine if the DNA profile obtained from evidence in a SAK was from a consensual partner or a possible perpetrator of a crime.

(5) “Deoxyribonucleic acid” or “DNA” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual.

(6) “DFS” means the Division of Forensic Science.

(7) “DNA profile” means an analysis utilizing the short tandem repeat analysis of DNA that results in the identification of an individual’s genetic information.

(8) “Law-enforcement agency” means any of the following:

a. A police department.

b. The Department of Correction, including Probation and Parole.

(9) “Natural organic reduction” means as defined in § 3101 of Title 16.

(10) “NDIS” means the Federal Bureau of Investigation’s National DNA Index System.

(11) “Next of kin” means 1 of the following:

a. A spouse.

b. If no spouse, the decedent’s adult children.

c. If no spouse or adult children, the decedent’s parents.

d. If no spouse, adult children, or parents of the decedent, the adult sibling of the decedent.

e. If no spouse, adult children, parents of the decedent, or adult sibling of the decedent, the person who is legally entitled to claim the decedent’s remains for final disposition.

(12) “Sexual assault kit” or “SAK” means a sexual assault or rape evidence collection kit.

(13) “State DNA Index System” or “SDIS” means the centralized database of DNA identification records for this State.
29 Del. C. § 6973 — Delaware Code / Title 29 / Chapter 69 / Subchapter V / Section 6973
§ Â
        6973. Authorization.
Status: in_force

(a) An agency may enter into an energy performance contract with a qualified provider to reduce energy or operational costs of an agency facility through one or more energy conservation measures. Cost savings work shall comply with state or local building codes.

(b) An agency may enter into a performance contract structured as an installment payment contract or lease-purchase agreement for the purchase and installation of cost-saving measures. Financing, including tax exempt financing, implemented through an entity other than the qualified provider is authorized.

(c) The agency may enter into an energy performance contract with a qualified provider if the agency finds that the amount the agency would spend on the energy conservation measures will not exceed the amount to be saved in both energy and operational costs for up to 20 years from the date of installation.

(d) The qualified provider shall be selected pursuant to § 6924 of this title.

(e) The selected qualified provider shall prepare a financial grade energy audit which, upon acceptance, shall be part of the final performance contract which shall be executed with the agency. Notwithstanding the foregoing, if after preparation of the financial grade energy audit the governmental unit decides not to execute a performance contract, then the costs incurred in preparing such financial grade energy audit shall be paid to the qualified provider by the agency, otherwise the costs of the financial grade energy audit shall be deemed part of the costs of the performance contract.

(f) Simultaneous with the execution of a contract for energy conservation measures, the agency shall require the qualified provider to provide a payment and performance bond relating to the installation of energy conservation measures in the amount equal to 100% of the value of the performance contract.

(g) Where appropriate, agencies shall determine cost-effectiveness based on the life-cycle costs of combinations of conservation measures, particularly to encourage bundling of energy efficiency projects with onsite generation and renewable energy projects.
29 Del. C. § 2517 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2517
§ Â
        2517. Division of Consumer Protection.
Status: in_force

(a) There is established within the Department of Justice a Division of Consumer Protection.

(b) The Division of Consumer Protection shall protect the public against consumer fraud and deceptive trade practices through enforcement of statutes, consumer education, consumer advocacy, and coordinated governmental action.

(c) The Attorney General may appoint a Deputy Attorney General to be designated as the Director of Consumer Protection, who will be charged with the furtherance of the programs and functions thereof.

(d) The term “Director” as used in this subchapter refers to the Director of the Division of Consumer Protection and includes any designee.
29 Del. C. § 8517 — Delaware Code / Title 29 / Chapter 85 / Section 8517
§ Â
        8517. Merit system coverage.
Status: in_force

Notwithstanding any other provisions of this chapter, the Secretary of Labor, with the approval of the Governor, is authorized and directed to take such action with respect to merit system coverage of personnel as may be necessary to qualify, or continue the eligibility of, this State for grants-in-aid under any federal law or program.
29 Del. C. § 4862 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4862
§ Â
        4862. Definitions.
Status: in_force

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

(1) “Authorized Delaware player” means an authorized player located in Delaware.

(2) “Authorized player” means an individual, who is not prohibited by this subchapter, that participates in an interactive fantasy sports contest offered by a registrant.

(3) “Director” means the Director of the Delaware Division of Gaming Enforcement.

(4) “Division” means the Delaware Division of Gaming Enforcement.

(5) “Entry fee” means cash or cash equivalent that is paid by an authorized player or an authorized Delaware player to a registrant to participate in an interactive fantasy sports contest offered by such registrant.

(6) “Highly experienced player” means an authorized player who has done 1 of the following:

a. Entered more than 1,000 contests offered by a single operator or registrant.

b. Won more than 3 prizes valued at $1,000 each or more from a single operator or registrant.

(7) “High school sport or athletic event” means a sport or athletic event offered or sponsored by or played in connection with a public or private institution that offers education services at the secondary level.

(8) “Horse racing event” means any sport or athletic event conducted in Delaware that is subject to the provisions of Chapters 100 and 101 of Title 3, or any sport or athletic event conducted outside of Delaware, which if conducted in Delaware would be subject to the provisions of Chapters 100 and 101 of Title 3.

(9) “Interactive fantasy sports contest” or “contest” meansan online simulated game of skill wherein 1 or more contestants compete against each other by using their knowledge and understanding of athletic events and athletes to select and manage rosters of players whose performance directly corresponds with the actual performance of competitors on sports teams and in sports contests. It does not include contests that are free to all participants or contests that encompass an entire season of the activity in which the underlying competition is being conducted, consists of at least 150 underlying competitions, and the prize or prizes awarded, if any, are determined by agreement of the participants only in order to distribute fully the participants’ contributions to a fund established to award a prize or prizes for the contest.

(10) “Interactive fantasy sports operator” or “operator” means any person or entity that offers any interactive fantasy sports contest to any player through any interactive fantasy sports platform.

(11) “Interactive fantasy sports platform” or “platform” means any online method by which access to an interactive fantasy sports contest is provided.

(12) “Interactive fantasy sports registrant” or “registrant” means an operator that is registered by the Director. A registrant may utilize multiple interactive fantasy sports platforms and offer multiple contests.

(13) “Minor” means any person under the age of 18 years.

(14) “Prohibited sports event” means any collegiate sporting event that involves a Delaware college or university, or any high school sport or athletic event, or any horse racing event.

(15) “Resident percentage” means, for each interactive fantasy sports contest, the percentage, rounded to the nearest tenth of a percent, of the entry fees collected from authorized Delaware players, divided by the entry fees collected from all authorized players in interactive fantasy sports contests.

(16) “Sports event” shall mean any amateur or professional sport or athletic event, except a prohibited sports event.

(17) “Ultimate equitable owner” shall mean a person who owns or controls any ownership interest of 10% or more in a person or entity either directly or indirectly, regardless of whether the person or entity owns or controls the ownership interest through 1 or more other persons or proxies, powers of attorney, or other variances.
29 Del. C. § 4337 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4337
§ Â
        4337. Validity of notarial acts.
Status: in_force

Except as otherwise provided in § 4317(b) of this title, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this State other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
29 Del. C. § 7528 — Delaware Code / Title 29 / Chapter 75 / Section 7528
§ Â
        7528. Minor capital improvements.
Status: in_force

(a) The proceeds of bonds and notes may be applied to the cost of minor capital improvements. Minor Capital Improvements shall mean, but shall not be limited to, capital expenditures for rebuilding or major repairs of roofs, floors, heating systems or facilities, painting, electrical systems or facilities, plumbing or water systems or facilities, asbestos abatement, the removal of architectural barriers to the handicapped, stand-alone storage buildings and purchase or lease of portable classrooms. These funds may also be applied to the preparation and securing of a public school district building that is being vacated but preserved for an unspecified period of time or for the return of such a building from a closed condition to use by a public school district. The State Department of Education, with the approval of the State Board of Education shall establish rules, consistent with this section, for defining minor capital expenditures.

(b) The State Department of Education, or any other department or agency of the State, shall, in no case, pay more than 60 percent of the cost of minor capital improvements nor more than the total amount designated in an authorization act as “maximum state share,” for any minor capital improvements nor less than 60 percent rounded to the nearest $100 of the final actual total costs therefor. Any funds transferred to a school district from any source for the purpose of removing architectural barriers for the handicapped or asbestos shall constitute the 60 percent portion of a minor capital improvement. No expenditure of such funds may be made by a school district unless and until it has provided its 40 percent share of such minor capital improvement. Notwithstanding the foregoing, the State may provide for the entire costs of minor capital improvements for schools entirely supported by the State.

(c) Before contracts for minor capital improvements are let or funds expended for minor capital improvements by any school district, a portion of the costs of which are to be funded with the proceeds of bonds or notes, such school district shall transmit a request for approval of such capital expenditures to the State Department of Education, which request shall: (1) itemize the minor capital improvements to be undertaken and (2) show the estimated cost of each such item. The State Department of Education, applying the rules established pursuant to subsection (a) of this section, shall decide the school district’s payment for such minor capital improvements after: (1) inspecting the building or facilities to be improved in order to determine both the need for such minor capital improvements and compliance with the rules established pursuant to subsection (a) of this section; and (2) estimating the cost of each such minor capital improvement.

(d) The State Department of Education shall:

(1) Provide necessary help to the school district in letting bids on minor capital improvements;

(2) Inspect such improvements upon completion to determine that all specifications have been met and that the work and materials used are of acceptable quality; and thereupon

(3) Pay the state’s share of the cost of such improvements made by the school district but only subsequent to the deposit with the State Treasurer by the school district of the school district’s share, if any, of the cost of such improvements.

(e) Any school district may levy and collect a tax on taxable real property in the school district to pay its share of the cost of minor capital improvements. Such taxes shall be levied and collected by the school district subject to Chapter 19 of Title 14, as amended.

(f) The expenditure of funds for minor capital improvements shall be governed solely by this section.
29 Del. C. § 9311 — Delaware Code / Title 29 / Chapter 93 / Section 9311
§ Â
        9311. State participation in cost of local relocation payments and services.
Status: in_force

If a unit of local government or political subdivision of this State acquires real property, and state financial assistance is available to pay the cost, in whole or part, of the acquisition of that real property, or of the improvement for which the property is acquired, the cost to the unit of local government or political subdivision of providing the payments and services prescribed by this chapter shall be included as part of the costs of the project for which state financial assistance is available and the unit of local government or political subdivision shall be eligible for state financial assistance for relocation payments and services in the same manner and to the same extent as other project costs.
29 Del. C. § 7913 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7913
§ Â
        7913. Council on the Blind.
Status: repealed

(a) The Council on the Blind is established.

(b) The Council on the Blind (“Council”) serves in an advisory capacity to the Director of the Division for the Visually Impaired and considers matters relating to the supervision of the training of a “person with blindness” or “person with visual impairment,” as defined in § 2101 of Title 31, and other matters that the Governor, the Secretary of the Department, or the Director may refer to it. The Council may study, research, plan, or advise the Director, Secretary, or Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council is comprised of 7 members who are appointed by the Governor.

(d) [Repealed.]

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

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

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

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

(i) The Governor may remove a member for gross inefficiency, misfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or attends less than 50% of council meetings in a calendar year. The Governor may consider the member to have resigned and may accept the member’s resignation.
29 Del. C. § 101 — Delaware Code / Title 29 / Chapter 1 / Section 101
§ Â
        101. Territorial limitation.
Status: in_force

The jurisdiction and sovereignty of the State extend to all places within the boundaries thereof, subject only to the rights of concurrent jurisdiction as have been granted to the State of New Jersey or have been or may be granted over any places ceded by this State to the United States.
29 Del. C. § 5804 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5804
§ Â
        5804. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “Close relative” means a person’s parents, spouse, children (natural or adopted) and siblings of the whole and half-blood.

(2) “Commission” means the State Public Integrity Commission established by this chapter.

(3) “Commission Counsel” means the legal counsel appointed by the Commission pursuant to this chapter.

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

(5) A person has a “financial interest” in a private enterprise if:

a. The person has a legal or equitable ownership interest in the enterprise of more than 10% (1% or more in the case of a corporation whose stock is regularly traded on an established securities market);

b. The person is associated with the enterprise and received from the enterprise during the last calendar year or might reasonably be expected to receive from the enterprise during the current or the next calendar year income in excess of $5,000 for services as an employee, officer, director, trustee or independent contractor; or

c. The person is a creditor of a private enterprise in an amount equal to 10% or more of the debt of that enterprise (1% or more in the case of a corporation whose securities are regularly traded on an established securities market).

(6) “Honorary state official” means a person who serves as an appointed member, trustee, director or the like of any state agency and who receives or reasonably expects to receive not more than $5,000 in compensation for such service in a calendar year (not including any reimbursement for expenses).

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

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

(9) “Private enterprise” means any activity conducted by any person, whether conducted for profit or not for profit and includes the ownership of real or personal property. Private enterprise does not include any activity of the State or of any political subdivision or of any agency, authority or instrumentality thereof.

(10) “State” means the State of Delaware and includes any state agency.

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

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

b. Extends beyond the boundaries of the State.

(12) a. “State employee” means any person:

1. Who receives compensation as an employee of a state agency;

2. Who serves as an appointed member, trustee, director or the like of any state agency and who receives or reasonably expects to receive more than $5,000 in compensation for such service in a calendar year (not including any reimbursement for expenses); or

3. Who is an elected or appointed school board member.

b. “State employee” does not include:

1. Members of the General Assembly;

2. The Chief Justice and Justices of the Supreme Court;

3. The Chancellor and Vice-Chancellors of the Court of Chancery;

4. The President Judge and Judges of Superior Court;

5. The Chief Judge and Judges of Family Court;

6. The Chief Judge and Resident Judges of the Court of Common Pleas;

7. The Chief Magistrate and Justices of the Peace;

8. State officers; or

9. Honorary state officials.

(13) “State officer” means any person who is required by subchapter II of this chapter to file a financial disclosure statement but does not include:

a. Members of the General Assembly;

b. The Chief Justice and Justices of the Supreme Court;

c. The Chancellor and Vice-Chancellors of the Court of Chancery;

d. The President Judge and Judges of Superior Court;

e. The Chief Judge and Judges of Family Court;

f. The Chief Judge and Judges of the Court of Common Pleas; or

g. The Chief Magistrate and Justices of the Peace.
29 Del. C. § 5404 — Delaware Code / Title 29 / Chapter 54 / Section 5404
§ Â
        5404. Violation and penalty.
Status: in_force

Any person who with intent to defraud uses on a public security or an instrument of payment:

(1) A facsimile signature, or any reproduction of it, of any authorized officer; or

(2) Any facsimile seal, or any reproduction of it, of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions

is guilty of a felony and shall suffer such criminal sanctions and penalties as are appropriate in this State for conviction of the crime of forgery.
29 Del. C. § 4804 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4804
§ Â
        4804. Director â Appointment; qualifications; salary.
Status: in_force

(a) The State Lottery Office shall be administered and supervised by a Director who shall be a person qualified by business experience and training to supervise the operation of a public gaming system in a manner which will produce the greatest income for the State. The Director shall be appointed by the Secretary of Finance with the written approval of the Governor.

(b) The qualifications of the person appointed as Director shall be as follows:

(1) Five or more years experience as the head of an autonomous business, division or independent segment of a large company or governmental agency having to do with public gaming. The position or positions held should have broad authority and carry major responsibility; except that experience in a public utility or other monopolistic enterprise does not meet this requirement. There shall be positive evidence that the company, division or independent segment of a large company or government agency was well managed during the tenure of the prospective Director;

(2) Shall be in good health, shall have a good reputation, particularly as a person of honesty and integrity, and shall be able to pass a thorough background investigation prior to appointment;

(3) Shall not hold political office in the government of the State either by election or appointment while serving as Director, nor shall anyone who holds elected or appointed office in the government of the State be appointed as Director until the person has completed serving the full term to which the person was elected or appointed. The Director shall be a citizen of the United States, and must become a resident of the State within 90 days of appointment.

(c) The Director shall serve on a full-time basis and shall not be engaged in any other profession or occupation. The Director shall receive such salary as provided by law.
29 Del. C. § 7402 — Delaware Code / Title 29 / Chapter 74 / Section 7402
§ Â
        7402. Issuing authority.
Status: in_force

(a) The issuing officers shall authorize the issuance of bonds, notes and revenue notes of the State by resolution adopted by the unanimous vote of the issuing officers. Each issuing officer may designate a deputy to represent the issuing officer as an issuing officer at meetings of the issuing officers with full powers to act and vote in the issuing officer’s behalf. Bonds and notes shall be issued for the purposes authorized in an authorization act. Revenue notes shall be issued for purposes authorized by this chapter. Bonds, notes and revenue notes may be issued regardless of the treatment of interest thereon for federal income tax purposes.

(b) Notwithstanding any other laws to the contrary, the issuing officers shall approve, by the same vote, individual contracts or classes of contracts with firms or individuals entered into by bond issuing authorities, agencies and instrumentalities created by the State other than authorities, agencies or instrumentalities constituting institutions of higher learning.

(c) Any other law to the contrary notwithstanding, the General Assembly hereby authorizes the issuance, from time to time, of general obligation bonds to refund, prior to their stated maturity, all or any portion of the outstanding general obligation bonds issued by the State and costs incidental thereto; provided, however, that the present value of the aggregate principal and interest payments of the refunding bonds must be less than the present value of the aggregate principal and interest payments on the bonds to be refunded.

(1) The present value of the aggregate principal and interest payments of the refunding bonds and of the bonds to be refunded shall be discounted at the effective interest rate on the refunding bonds, calculated based on the internal rate of return.

(2) Refunding bonds may be issued in a principal amount which exceeds the principal amount of the bonds to be refunded, so long as the present value of the aggregate principal and interest payments of the refunding bonds are less than the present value of the aggregate principal and interest payments on the bonds to be refunded.

(3) Section 7423 of this title shall not apply to refunding bonds issued in accordance with, and under the limitations of, this subsection.

(4) The issuing officers, by resolution adopted by unanimous vote and without further authorization of the General Assembly, may resolve to issue refunding bonds authorized by this subsection at any time prior to the final maturity of the bonds to be refunded. Subject to the limitations imposed by this subsection, but any other law to the contrary notwithstanding, refunding bonds may be sold at public or private sale, above or below par, with principal installments payable at such times and in such amounts and on such other terms and conditions as the issuing officers determine. Without limiting the foregoing, refunding bonds are not required to pay current interest for all or any portion of the issue, and thus may be “zero coupon” or “capital appreciation” bonds.

(5) No refunding bonds may be issued unless all or a portion of the proceeds of the refunding bonds are deposited irrevocably in an account pledged to pay, and are sufficient together with any other available assets in such account to meet, the payment when due of the principal, premium (if any) and interest on the bonds to be refunded. The proceeds of the refunding bonds pledged to pay the bonds to be refunded may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States government.

(6) Any other law to the contrary notwithstanding, the issuing officers, by resolution adopted by unanimous vote, may resolve to issue refunding bonds to refund the State’s Certificates of Participation (Real Estate Acquisition Program) Series 1989 so long as the other requirements of this section are satisfied and assuming that said Certificates of Participation are treated as the bonds to be refunded.