29 Del. C. § 4815 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4815
§ Â
        4815. State Lottery Fund.
Status: in_force

(a) All moneys received from the sale of lottery tickets, keno, and from Internet ticket games, shall be accounted for to the State Treasurer and all net moneys shall be placed into a special account known as the State Lottery Fund. From the Fund, the Director shall first pay for the operation and administration of the lottery as authorized in this subchapter and thereafter shall pay as prizes not less than 45% on the average of the total amount of tickets which have been sold and are scheduled for sale throughout the games, which percentage shall include prizes already awarded or to be awarded. The total of payments for operations and administration of the lottery shall not exceed 20% of the gross amount received from the sales of such games. The remaining moneys shall accumulate in the State Lottery Fund for the payments of operations and administration costs and on a monthly basis, or more frequently if required by the Director, the lottery shall undertake to provide into the General Fund of the State a payment of earnings of 30% of the total revenues accruing from the sales of such games or shares shall be so dedicated. In the event that the percentage allocated for operations (including prize payments) generates a surplus, said surplus shall be allowed to accumulate to an amount not to exceed $1,000,000. On a quarterly basis, the Director shall report to the Secretary of Finance any surplus in excess of $1,000,000 and remit to the General Fund of the State the entire amount of those surplus funds in excess of $1,000,000.

(b) All proceeds, net of proceeds returned to players pursuant to paragraph (b)(1) of this section, from the operation of the video lottery shall be electronically transferred daily or weekly at the discretion of the Lottery Director into a designated State Lottery account by the agent, and transferred to the State Lottery Fund by the Lottery on a daily or weekly basis and shall be applied as follows:

(1) Proceeds returned to players. — A portion of such proceeds, but not less than 87% of the total proceeds on an average annual basis received from the operation of a video lottery, shall be retained by and returned to the players under rules prescribed by the Director. Proceeds returned to players in excess of the payout authorized pursuant to § 4805(a)(15) of this title shall be the sole responsibility of the video lottery agent and the State Lottery’s proceeds shall not be reduced on account of such excess payment. Subject to the recommendations of the Lottery Director, and approval of the Secretary of Finance, a video lottery agent may choose to offer free promotional play to players. The amount of free promotional play permitted shall be recommended by the Lottery Director and approved by the Secretary of Finance. The amount of money given away as free promotional play and used by players shall not be included in the amounts remaining after all payments to players. If the amount of money given away as free promotional play by a video lottery agent and used by players exceeds the amount authorized by the Lottery Director and the Secretary of Finance authorized during a fiscal year, the video lottery agent shall reimburse net proceeds the amount of the overage which will be distributed as outlined in paragraphs (b)(3) and (b)(4) of this section.

(2) Certain administrative and vendor costs. — The State shall retain a portion of such proceeds in an amount equal to 75% of all costs of equipment (both video lottery machines and related equipment), including video lottery machine license and proprietary fees, whether leased or owned by the State, used or under the control of such agent, the cost of the central computer used to monitor the equipment used by the agent, and related vendor fees, and from these proceeds, and the proceeds provided pursuant to paragraph (b)(4)a. of this section, remit these amounts to vendors.

(3) a. Proceeds returned to the State. —

Except as otherwise provided by this paragraph, of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, there shall be returned to the State 42½%, less any qualified capital expenditure adjustment provided for in this paragraph. For licensees which conducted 40 or fewer (but at least 1) days of live harness horse races during 1992, should such licensees’ video lottery proceeds, net of proceeds returned to players, at the end of any fiscal year fall below $107,500,000, then, in the subsequent fiscal year, there shall be returned to the State 41½% of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, less any qualified capital expenditure adjustment provided for in this paragraph.

1. Beginning in fiscal year 2020, for each video lottery agent, the percentage of proceeds returned to the State shall be decreased by 2% if such video lottery agent’s qualified capital expenditures equal or exceed 3% of video lottery agent net proceeds remaining after payments made under paragraph (b)(1) of this section for the calendar year ending the immediately preceding December 31. Notwithstanding the first sentence of this paragraph (b)(3)a.1. of this section, for calendar year ending December 31, 2018, only, qualified capital expenditures must equal or exceed 2.8%.

2. For purposes of this paragraph (b)(3)a. of this section, “qualified capital expenditures” means amounts properly characterized as capital expenditures under generally accepted accounting principles during each calendar year ending December 31 and apply to any facilities used by the video lottery agent in connection with its operations. “Qualified capital expenditures” does not include payments made for debt service.

3. Any amounts incurred or paid in any single year which exceed the 3% required for the adjustment under paragraph (b)(3)a.1. of this section may be carried forward for no more than 2 years, except that amounts used to reduce the license fee under § 4819(d)(2) of this title may not also be carried forward.

b. The State shall also receive the funds on each credit slip that has not been presented for redemption within 1 year from the date the slip is issued.

c. Application of funds retained by the state lottery. —

The funds retained by the state lottery shall be applied as follows: first, to the administrative costs and expenses in respect of the video lottery including, but not limited to, administrative expenses including payroll and other employment costs attributable to the operation of the video lottery by the State Lottery Office, law-enforcement and security expenses, including payroll and other employment costs of the state lottery, the Office of the Attorney General and the Division of Gaming Enforcement, attributable to the operation by the state lottery of a video lottery; second, $1,000,000 or 1%, whichever is greater, of the proceeds returned to the State under this paragraph (b)(3), 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; third, costs of the Administrator of Racing and racing inspectors referenced in Chapters 100 and 101 of Title 3; fourth, the State’s contribution to the Delaware Standardbred Breeder’s Program and Delaware Certified Thoroughbred Program (DCTP); and fifth, the remainder shall be paid into the State’s General Fund.

d. The State’s contribution to the Delaware Standardbred Breeder’s Program pursuant to this subsection shall be $1,250,000, and said amount is to be allocated equally as of January 1 of the calendar year among existing licensees which conduct live harness horse racing, but moneys shall not be expended for the program until such time as a plan has been approved pursuant to paragraph (b)(4)b.2. of this section. The State’s contribution to the Delaware Certified Thoroughbred Program (DCTP) pursuant to this subsection shall be $500,000, and said amount shall be allocated as of January 1 of each calendar year to the existing licensee which conducts live thoroughbred horse racing, but moneys shall not be expended for the program until such time as a plan has been approved pursuant to paragraph (b)(4)b.1. of this section.

(4) Application of remaining proceeds. — The proceeds remaining after payments as set forth in paragraphs (b)(1), (2) and (3) of this section shall be applied as follows:

a. Balance of administrative and vendor costs. — The State shall receive an amount equal to 25% of all costs of equipment (both video lottery machines and related equipment), including video lottery machine license and proprietary fees, whether leased or owned by the State, used or under the control of such agent, the cost of the central computer used to monitor the equipment used by the agent, and related vendor fees to be applied pursuant to paragraph (b)(2) of this section.

b. Purses. — 1. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) to be applied under the direction of the Delaware Thoroughbred Racing Commission, for races conducted at such agent’s racetrack in accordance with § 10148 of Title 3 or § 427 of Title 28 as appropriate, in an amount calculated as follows: 9.6% of the proceeds remaining after payments made under paragraph (b)(1) of this section. Seven hundred fifty thousand dollars of those proceeds, which would otherwise fund purses, on an annual basis, shall fund a Delaware Certified Thoroughbred Program (DCTP) to enhance the quantity of thoroughbred foals and/or yearlings stabled within Delaware for a period meeting the Delaware minimum residency requirement. The DCTP shall be administered by a Board comprised of the following:

A. Four members of the Delaware Thoroughbred Horseman’s Association;

B. One member designated by the video lottery agent licensed to conduct live thoroughbred horse racing meets under Chapter 101 of Title 3;

C. One member appointed by the Speaker of the House of the General Assembly;

D. One member appointed by the President Pro Tempore of the Senate of the General Assembly;

E. The Secretary of Agriculture or the Secretary’s designee; and

F. The Secretary of Finance or the Secretary’s designee.

Members shall be chosen by the organizations they represent, and shall serve 4-year terms, except the 4 initial Board members selected by the Delaware Thoroughbred Horseman’s Association shall serve an initial term of 2 years, and 4 years thereafter. The Board created hereunder must develop and present a plan for the administration of the DCTP no later than December 31, 2005. This plan and all subsequent plans amending the DCTP shall be subject to the written approval of the Secretary of Agriculture or the Secretary’s designee, the Secretary of Finance or the Secretary’s designee, and the Chairperson of the Thoroughbred Racing Commission or the Chairperson’s designee. The Board shall transmit minutes and actions from all meetings to the Chairperson of the Delaware Thoroughbred Racing Commission within 10 days of the meeting. The Board shall submit an annual report detailing the allocation of such funds of the DCTP to the Commission and make available to the State Auditor such information as may be required to perform an annual audit of funds allocated from the DCTP. The Board may also, at its discretion, use funds from the DCTP for advertising, promotion, education and administrative purposes directly related to the program, however, the total amount for these purposes cannot exceed 5% of the total allocation. Funds dedicated to the DCTP shall not be subject to a 1-year payout requirement, but payouts may be dispersed throughout the year.

2. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) to be applied under the direction of the Delaware Harness Racing Commission to purses for races conducted at such agent’s racetrack in accordance with § 10048 of Title 3, in an amount calculated as follows: 11.35% of the proceeds remaining after payments made under paragraph (b)(1) of this section.

Two million dollars of those proceeds, which would otherwise fund purses, on an annual basis ($1,000,000 to come from each licensee which conducts live harness horse racing) to be set aside for purses under this paragraph (b)(4)b.2. shall be used to fund a Delaware Standardbred Breeders’ Program which shall be administered by a board comprised of 4 members from the Delaware Standardbred Owners Association, 1 member from the Standardbred Breeders and Owners of Delaware, Inc., 1 member from each video lottery agent licensed to conduct harness racing meets under Chapter 100 of Title 3, 1 member appointed by the Speaker of House of the General Assembly, 1 member appointed by the President Pro Tempore of the Senate of the General Assembly, the Secretary of Agriculture or the Secretary’s designee, and the Secretary of Finance or the Secretary’s designee. Members shall be chosen by the organizations they represent, and shall serve 4-year terms except that 4 of the initial board selected by the members of the Delaware Standardbred Owners Association shall serve an initial term of 2 years, and 4 years thereafter. The board created hereunder will present a plan for the administration of the Program to the General Assembly no later than May 15, 1999. This plan, and all subsequent amendments to the plan, shall be subject to the written approval of the Secretary of Agriculture or the Secretary’s designee, the Chairperson of the Delaware Harness Racing Commission or the Chairperson’s designee, and the Secretary of Finance or the Secretary’s designee. The board shall transmit minutes of all meetings and any proposed actions to the Delaware Harness Racing Commission within 10 days after each meeting. The board shall transmit an annual report detailing the allocation of proceeds from the fund and make available to the State Auditor or the State Auditor’s representative such information as may be required to perform an annual audit of funds allocated from the Delaware Standardbred Breeders’ Program. In addition to funding special purses for Delaware standardbred horses, the board created hereby may also use the funds dedicated to this Program for advertising, promotion, educational and administrative purposes. Funds dedicated to the Delaware Standardbred Breeders’ Program shall not be subject to the 1-year payout requirement of § 10048 of Title 3.

3. For video lottery agents licensed to conduct harness horse racing meets under Chapter 100 of Title 3 on January 1, 1993, such agents, which in the future also conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) administered by either the Delaware Thoroughbred Racing Commission or the Delaware Harness Racing Commission, as appropriate, in accordance with the formula set forth in paragraph (b)(4)b.2. of this section, for races conducted at such agent’s racetrack based on the ratio of live horse racing days to total live racing days and live harness horse racing days to total live racing days.

4. For video lottery agents licensed to conduct horse racing meets under Chapter 101 of Title 3 on January 1, 1993, such agents, which in the future also conduct harness horse racing meets under Chapter 100 of Title 3, shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) administered by either the Delaware Thoroughbred Racing Commission or the Delaware Harness Racing Commission, as appropriate, in accordance with the formula set forth in paragraph (b)(4)b.1. of this section, for races conducted at such agent’s racetrack based on the ratio of live horse racing days to total live racing days and live harness racing days to total live racing days.

c. Jockey health and other welfare benefits. — For video lottery agents which are licensed only to conduct thoroughbred horse racing meetings under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents annually shall be paid and shall pay the sum of $175,000 plus an additional $175,000 (which shall be subtracted from the amount such agent is paid and shall pay as additional purses under paragraph (b)(4)b.1. of this section) for a total payment of $350,000 annually, adjusted for inflation by the Delaware Thoroughbred Racing Commission, which shall be payable to fund a Delaware Jockeys Health and Welfare Benefit Fund on July 20 of each year. The Fund shall be used to provide, for jockeys who regularly ride in Delaware, health and other welfare benefits for active, disabled and retired jockeys pursuant to reasonable criteria for benefit eligibility. The Jockeys Health and Welfare Benefit Fund shall be administered by a Board, known as the Jockeys Health and Welfare Benefit Board, comprised of 1 member of the Delaware Thoroughbred Racing Commission, 1 member from the licensed agent under Chapter 101 of Title 3 or Chapter 4 of Title 28, 1 member of the Delaware Horsemen’s Association, and 1 representative from the organization that represents the majority of the jockeys who are licensed and ride regularly in Delaware, 1 jockey who is licensed and rides regularly in Delaware, and 1 retired Delaware jockey who is participating in the benefit program. The Chairperson of the Commission shall serve as an ex officio member and vote on matters in the event of a tie vote on any issue. Members shall be appointed by the Commission and shall serve 2-year terms. In addition to providing funding for jockey health and other welfare benefits, the fund may expend reasonable expenses for administrative purposes.

d. Commissions to agents. — The portion of such proceeds remaining after the payments required by paragraphs (b)(4)a., b. and c. of this section shall be paid to such video lottery agent as commission.

For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall pay $250,000 of the proceeds received under this section to fund the video lottery agent’s contribution to the Delaware Certified Thoroughbred Program (DCTP) annually. Said amount shall be allocated as of January 1 of each calendar year.

For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, each agent shall pay $375,000 of the proceeds received under this section to fund the video lottery agent’s contribution to the Delaware Standardbred Breeders’ Program annually. Said amount shall be allocated as of January 1 of each calendar year.

(c) (1) All proceeds, net of proceeds returned to players, from the operation of the sports lottery at video lottery agents shall be electronically transferred daily or weekly at the discretion of the Lottery Director into a designated state lottery account by the agent, and transferred to the State Lottery Fund by the lottery on a daily or weekly basis. Proceeds from the sports lottery at video lottery agents, less the amounts returned to winning players and vendor fees, shall be returned to the State at a rate of 50% of the total win so experienced. Purses shall be paid from the proceeds from the sports lottery conducted at video lottery agents, less amounts returned to winning players and vendor fees, at the rate of 10.2% for video lottery agents licensed only to conduct harness racing meets and at the rate of 9.6% for video lottery agents licensed only to conduct thoroughbred racing meets. The Director, by regulation shall adopt accounting procedures for the sports lottery in order to accommodate the differences between the sports lottery and the video lottery. Administrative costs and expenses incurred by the video lottery agent for the initiation of the sports lottery and the costs of the equipment shall be solely the responsibility of the video lottery agent. The provisions of subsection (b) of this section shall not apply to the proceeds from the operation of the sports lottery.

(2) All proceeds, net of proceeds returned to players, from the operation of the sports lottery at sports lottery agents other than video lottery agents shall be held by the State Lottery Fund and such sports lottery agents shall be compensated pursuant to rules adopted under § 4805(a) of this title. Purses shall be paid from the proceeds from the sports lottery conducted at such sports lottery agents, less amounts returned to winning players and fees for sports lottery agents and vendors, to video lottery agents as follows:

a. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall be paid and shall pay additional purses at the rate of 9.6% of the proportion of all sports lottery proceeds in the prior fiscal year generated by video lottery agents that is generated by that video lottery agent.

b. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses at the rate of 10.2% of the proportion of all sports lottery proceeds in the prior fiscal year generated by video lottery agents that is generated by that video lottery agent.

c. For video lottery agents licensed to conduct both horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28 and Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses at a rate between 9.6% and 10.2% determined by the Office to reflect the ratio of live horse racing days to live harness racing days.

(d) Gross table game revenue shall be electronically transferred daily or weekly at the direction of the Lottery Director into a designated state lottery account by the agent, and transferred to the State Lottery Fund by the lottery on a daily or weekly basis. Gross table game revenue shall be applied as follows:

(1) Proceeds returned to the State. — a. Except as otherwise provided by this paragraph, of gross table game revenue, there shall be returned to the State 15.5%.

b. The funds retained by the State shall be applied as follows: first, to the administrative costs and expenses of the Office, including, but not limited to, administrative expenses including payroll and other employment costs, and law-enforcement and security expenses, including payroll and other employment costs of the state lottery, the Office of the Attorney General, and the Division of Gaming Enforcement; second, $250,000 or 1%, whichever is greater, of the proceeds returned to the State under this paragraph, to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services to be used exclusively for funding programs for the treatment, education and assistance of compulsive gamblers and their families; third, costs of the Administrator of Racing and racing inspectors referenced in Chapters 100 and 101 of Title 3; and fourth, the remainder shall be paid into the State’s General Fund.

(2) Purses. — Of gross table game revenue, such agent shall be paid and shall pay additional purses in the amount of 4.5% of such proceeds.

a. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such purses shall be applied under the direction of the Delaware Thoroughbred Racing Commission for races conducted at such agent’s racetrack in accordance with § 10148 of Title 3 or § 427 of Title 28, as appropriate.

b. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such purses shall be applied under the direction of the Delaware Harness Racing Commission to races conducted at such agent’s racetrack in accordance with § 10048 of Title 3.

c. For video lottery agents licensed to conduct both harness racing meets under Chapter 100 of Title 3 and horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such purses shall be applied pursuant to the formulae set forth in paragraphs (b)(3)b.3. and (b)(3)b.4. of this section.

(3) The proceeds remaining after the payments in paragraphs (d)(1) and (2) of this section above shall be paid to video lottery agents as their commission.

(4) The administrative costs incurred by the Office shall be an administrative cost of the State.

(e) Gross revenue from the Internet video lottery and Internet table games shall be accounted for to the State Treasurer and all proceeds, net of moneys returned to players, shall be placed into a special account known as the State Internet Lottery Fund. From the Fund, the Director shall first pay for the operation and administration of the Internet video lottery and Internet table games. Thereafter, the first $3,750,000 of proceeds in each fiscal year shall be transferred to the State Lottery Fund for the benefit of the State. After $3,750,000 of proceeds has been transferred to the State each fiscal year, the remaining proceeds shall be distributed as follows:

(1) The proceeds from the sales of Internet video lottery games shall be distributed pursuant to paragraphs (b)(3) and (b)(4)b.1 - (b)(4)b.4 of this section, provided that the calculations for such distribution shall be done after netting out the proceeds returned to players and administrative and vendor costs; and

(2) The proceeds from the sales of Internet table games shall be distributed pursuant to subsection (d) of this section, net of proceeds returned to players, provided that the calculations for such distribution shall be done after netting out the proceeds returned to players and administrative and vendor costs.
29 Del. C. § 6503 — Delaware Code / Title 29 / Chapter 65 / Section 6503
§ Â
        6503. Form of estimate blanks.
Status: in_force

(a) On or before September 1, annually, the official estimate blanks, which must be used in making the reports required by § 6502 of this title, shall be furnished by the Director of the Office of Management and Budget to each of the boards, commissions, agencies receiving or asking financial aid from the State.

(b) The estimate blanks shall be uniform and shall clearly designate the kind of information to be given thereon. They shall provide for an itemized statement of the amount of money considered necessary for the proper maintenance, extension or improvement of the agency during the ensuing fiscal year. It shall also show the actual revenues and expenses for the prior fiscal year of such reporting agency and the amounts by which the estimates for the fiscal year of the succeeding annual period are larger or smaller than the corresponding items of expenditures for the prior year, with full explanation of such changes in the estimates. All the salaries fixed by law shall be included without change in the itemized statement.

(c) The estimate blanks shall contain such other information and provide for such classification of accounts as may be justified by modern accounting practices and deemed necessary by the Director of the Office of Management and Budget to fully and clearly explain the needs and purposes of any estimated expenditure.

(d) The Director of the Office of Management and Budget shall furnish to each budget unit a complete set of forms to be used by the budget unit to present its budget. The Director of the Office of Management and Budget shall furnish instructions on the proper method of completing the forms and shall provide consultation as requested by any budget unit.
29 Del. C. § 707 — Delaware Code / Title 29 / Chapter 7 / Section 707
§ Â
        707. Stationery.
Status: in_force

The Division of Legislative Services shall provide stationery for the use of the General Assembly and its members.
29 Del. C. § 8720 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8720
§ Â
        8720. Delaware Commission of Veteransâ Affairs â Established; composition; powers [For application of the transfer of this section, see 85 Del. Laws, c. 137, Â 12] [Transferred].
Status: in_force

Transferred to § 8811 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025.
29 Del. C. § 8402 — Delaware Code / Title 29 / Chapter 84 / Section 8402
§ Â
        8402. Definitions.
Status: in_force

As used in this chapter:

(1) “Authority” or “Transportation Authority” means Delaware Transportation Authority.

(2) “Corridor route” means any existing or proposed road in an urban or rural area which is classified as part of the “principal arterial highway system” as defined in the National Highway Functional Classification Studies on record with the Department and which serves traffic corridor movements of substantial statewide or interstate travel and as to which the concept of service to abutting land is subordinate to the provisions of travel service to major traffic movements.

(3) “Department” means the Department of Transportation.

(4) “Deputy Secretary” means the Deputy Secretary of the Department of Transportation.

(5) “Director” means the Director of the Transportation Authority and/or the Director of the Division of Highways and/or the Director of the Office of Administration.

(6) “Division” means the Division of Highways.

(7) “Secretary” means the Secretary of the Department of Transportation.
29 Del. C. § 7204 — Delaware Code / Title 29 / Chapter 72 / Section 7204
§ Â
        7204. Payment by Secretary of Finance.
Status: in_force

The Secretary of Finance shall pay to each hospital qualified under § 7201 of this title such amount shown to be due to it as shall be approved by the Department of Health and Social Services at such rate per day as shall be determined by the Budget Director at the Budget Director’s discretion for each person receiving such medical or surgical care and attention. No money shall be paid to any hospital for any month until the amount due to all the hospitals for the preceding month has been fully determined and paid.
29 Del. C. § 8759A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8759A
§ Â
        8759A. Limitation on liability of State.
Status: in_force

(a) Bonds, other than state-guaranteed bonds, issued pursuant to this subchapter shall not constitute a debt of the State or any political subdivision or any agency thereof, or a pledge of the full faith and credit or taxing power of the State or any political subdivision or any agency thereof, and shall not obligate the State or the Authority to make any appropriation for their payment.

(b) All bonds, other than state-guaranteed bonds, shall contain on the face thereof a statement to the following effect:

“Neither the faith and credit nor the taxing power of the State is pledged to the payment of the principal of, premium, if any, or interest on this bond, nor is the State or the Delaware Economic Development Authority in any manner obligated to make any appropriation for payment thereof.”

(c) State-guaranteed bonds shall be a debt of the State.
29 Del. C. § 8812 — Delaware Code / Title 29 / Chapter 88 / Subchapter II / Section 8812
§ Â
        8812. Duties and responsibilities [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) (1) The Commission shall recommend candidates to the Secretary, who shall hire and employ an Executive Director that will also provide services to the Commission. The Executive Director is exempt from Chapter 59 of this title and must be a veteran as defined in § 8811 of this title.

(2) The Executive Director is an employee of the Department of Veterans Affairs.

(3) The Executive Director reports to the Secretary and consults with the Commission on all substantive matters.

(b) The Commission has the power of general oversight in the administration of the Delaware State Veterans’ Home and may recommend such rules, regulations, and policy as is necessary to the operation of a veterans’ home provided, however, such rules, regulations, and policy are not inconsistent with the other provisions of this chapter.

(c) The Commission shall establish and administer the “Delaware Veterans Trust Fund” which will provide financial assistance or grants to veterans with a minimum discharge 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.

(d) The Commission shall serve in an advisory capacity to the Secretary on all matters relevant to veterans in this State and specifically with respect to those duties set forth under § 8804 of this title.

(e) The Commission may initiate, review, and sponsor state legislation pertaining to veterans.

(f) The Commission shall submit to the Governor, Secretary, Secretary of State, and to the General Assembly an annual report of the Commission’s activities and recommendations. Submission to the General Assembly shall be made by delivering a copy of the annual report to the Secretary of the Senate, the Chief Clerk of the House, the Chairs of the House and Senate Veterans Affairs Committees, and the Director and Librarian of the Division of Legislative Services.
29 Del. C. § 8056 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8056
§ Â
        8056. Offshore wind transmission and procurement authority.
Status: in_force

(a) Definitions. —

For the purposes of this section:

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

(2) “DPA” means the Delaware Division of the Public Advocate.

(3) “Offshore wind project” means a power production facility located in waters off the Atlantic coast, converting ocean winds into electricity.

(4) “PJM Interconnection” means PJM Interconnection, LLC or any successor organization that services the PJM region.

(5) “PSC” means the Delaware Public Service Commission.

(b) Transmission planning. — (1) The Department shall cooperate with PJM Interconnection in an analysis of the impacts on transmission of offshore wind procurement goals of other states within the PJM region and the potential for procurement by Delaware of electricity from offshore wind projects including transmission system upgrade and expansion options that take into consideration both onshore and offshore infrastructure. The Department shall consult with the PSC, the DPA, and all electric utilities in Delaware prior to engaging with PJM Interconnection in this analysis and shall provide the results of any such analysis to the PSC, the DPA, and all electric utilities in Delaware.

(2) The Department shall consult with the state energy offices, or equivalent offices, in other states served by PJM Interconnection to evaluate regional transmission cooperation that could help achieve the State’s renewable energy goals with greater efficiency. The Department shall report to the PSC, the DPA, and all electric utilities in Delaware on this effort.

(c) Offshore wind procurement planning. —

The Department shall study the procurement processes, including those used in other Atlantic states for electricity from offshore wind projects, evaluate the options for conducting and evaluating a request for proposal process to procure offshore wind power, and prepare recommendations for potential offshore wind procurement. Any procurement process should consider at least the following:

(1) The long-term cost impact, if any, on ratepayers in Delaware.

(2) Potential economic costs and benefits for the State and for Delawareans.

(3) The consistency of such a procurement with the Delaware Climate Action Plan, the Delaware Energy Plan, and the ability of the State to meet its Renewable Energy Portfolio Standards.

(4) The avoided costs of greenhouse gas emissions and other air pollutants on the State from power generation sources.

(5) Potential health benefits for the State and for Delawareans.

(6) The availability and scale of suitable offshore wind locations.

(7) The state of the offshore wind industry and associated supply chains.

(8) The impacts on the electricity transmission system.

(d) Offshore wind procurement authority. — (1) The State Energy Office is authorized and directed to develop and conduct a solicitation or solicitations, as it may deem necessary and appropriate, through a request for proposals for a single or multiple offshore wind contracts relating to energy, capacity, ancillary services and RECs, or only RECs, generated by a qualified offshore wind project or projects equal to an aggregate nameplate capacity of not more than 1,200 megawatts in accordance with the provisions of this section.

(2) The State Energy Office may, in its discretion, develop such solicitation or solicitations for a project that serves only Delaware (a “Delaware solicitation”) or in coordination with solicitations, requests for proposals, or other procurement processes conducted by other states and may consider proposals in connection with such other states’ procurement processes (a “coordinated solicitation,” and collectively with a Delaware solicitation, a “solicitation”). A Delaware solicitation shall include project labor agreements, and may include requirements for community benefits agreements, supply chain requirements, workforce development, and conservation and mitigation elements.

(3) For both Delaware solicitations and for coordinated solicitations, the State Energy Office is directed to ensure that the ratepayers of 1 utility never bear the costs of any project alone, either by using a coordinated solicitation, or by including at least 1 additional offtaker for any Delaware solicitation. For Delaware solicitations, the State Energy Office is directed to either identify an additional offtaker prior to issuance of a solicitation (as set forth in paragraph (d)(6) of this section) or the bidder must identify an additional offtaker (as is set forth in paragraph (d)(4)d. of this section).

(4) Any Delaware solicitation shall require proposals to meet the following offshore wind solicitation requirements (the “OSW solicitation requirements”), which shall be weighted by the State Energy Office in any solicitation:

a. Have a term of at least 20 years.

b. Have a first-year price expressed in dollars per megawatt-hour that does not exceed 110% of the Delaware benchmark price, as adjusted for inflation to the anticipated starting date of commercial operation, provided that any price escalator for subsequent years shall be limited to a maximum of 2% per year. Furthermore, if the contract is only for the purchase of RECs with no requirement to either:

1. Purchase energy, capacity, or ancillary services; or

2. Transfer revenues from the sales of such electricity products to Delaware electricity ratepayers,

then such contract shall have a first-year price that does not exceed 110% of the weighted average cost per megawatt-hour of compliance, through REC procurement, net energy costs of renewable energy contracts, and alternative compliance payments, with the Renewable Energy Portfolio Standards Act [subchapter III-A of Chapter 3 of Title 26] for Commission-regulated public utilities during the 3 immediately preceding years, as adjusted for inflation to the anticipated starting date of commercial operation, provided that any price escalator for subsequent years shall be limited to a maximum of 2% per year.

c. Sell or transfer energy, capacity, and RECs, or only RECs, from a qualified offshore wind project.

d. Shall identify at least 1 commitment to enter into a long-term contract to purchase offshore wind energy or renewable energy credits with businesses, nonprofit organizations, the State, municipalities or groups of municipalities, or with cooperative associations. The State Energy Office may identify in the solicitation materials that this commitment has been secured prior to the solicitation. However, if no such commitment is identified by the State Energy Office, then such commitment must be included as a part of the bid submitted by a project proponent.

e. Specify the avoided greenhouse gas emissions associated with the proposal and a calculation of the economic benefit to the State and Delawareans of such avoided greenhouse gas emissions calculated in total and on a per megawatt-hour basis.

f. Specify the avoided health impacts to the State and Delawareans associated with the proposal, including through avoided emissions of air pollutants, and a calculation of the economic benefit to the State and Delawareans of such avoided health impacts calculated in total and on a per megawatt-hour basis.

g. Specify the economic costs and benefits for the State and Delawareans associated with the proposal, including the number of in-state jobs created by the project; any increase in wages, taxes, receipts, in-state expenditures, and investments in Delaware offshore wind supply chain; and utilization of instate port and supply chain facilities, and a calculation of such economic costs and benefits to the State and Delawareans calculated in total and on a per megawatt-hour basis.

h. Specify the impacts to the electric transmission system and capacity and energy markets in Delaware and within the PJM region and include a calculation of the economic benefits and costs to the State and Delawareans of such transmission, capacity, and energy impacts calculated in total and on a per megawatt-hour basis.

i. Specify the expected bill impact for each class of service based upon the Delaware benchmark price.

(5) For any coordinated solicitation, any contract applicable to Delaware offtakers shall meet the requirements of paragraph (d)(4)b. of this section (the Delaware benchmark price). Contracts involving offtakers from other coordinating states need not meet the requirements of paragraph (d)(4)b. of this section. Additionally, any proposal resulting from a coordinated solicitation is subject to paragraphs (d)(7) through (d)(9) of this section.

(6) The State Energy Office may, prior to the issuance of Delaware solicitation or a coordinated solicitation, enter agreements with potential offtakers, including but not limited to businesses, nonprofit organizations, the State, municipalities or groups of municipalities, or with cooperative associations, who are willing to enter long term contracts in the event that a project moves forward. Notwithstanding the provisions of Chapter 69 of Title 29, the State has authority to enter such an energy supply contract for any portion of the power supply needs of the State upon approval of the Director of the Office of Management and Budget.

(7) Prior to the issuance of any Delaware or coordinated solicitation, the State Energy Office shall present the proposed solicitation to the Renewable Energy Taskforce for review and recommendations in accordance with § 360(d)(4) of Title 26. The State Energy Office may, in its sole discretion, adopt or reject recommendations from the Renewable Energy Taskforce. Should the Renewable Energy Taskforce fail to provide recommendations within 60 days of being presented with the solicitation, the State Energy Office may, in its sole discretion, move forward with a solicitation without such recommendations.

(8) Following receipt of the recommendations of the Renewable Energy Taskforce, or the expiration of the 60-day period set forth in paragraph (d)(7) of this section, the State Energy Office shall present the solicitation to the Public Service Commission for review and approval in accordance with § 365 of Title 26. The State Energy Office shall not issue any solicitation not approved by the Public Service Commission. If the Public Service Commission issues a “preliminary order,” as defined in § 365 of Title 26, the State Energy Office shall issue the solicitation.

(9) After receipt of proposals, from either a Delaware solicitation or a coordinated solicitation, the State Energy Office shall determine whether a Delaware solicitation proposal meets the OSW solicitation requirements, and whether any coordinated solicitation meets the requirements applicable to coordinated solicitations in this section. Any solicitation that does not meet such requirements, shall be excluded from further consideration. For any proposals which includes a price term at or below the requirements set forth in paragraph (d)(4)b. of this section, the State Energy Office may determine, in its sole discretion, whether to proceed to negotiate contract terms with the proposer based on consideration of the following factors:

a. The proposal’s likelihood of achieving commercial operation.

b. The proposal’s consistency with the Delaware Climate Action Plan and the Delaware Energy Plan.

c. Whether the proposal will result in a net reduction in greenhouse gas emissions from the electricity consumed within Delaware, or states bordering Delaware, or within the PJM region.

d. The proposal’s impact on the ability of the State to meet the 2030 target and 2050 target for greenhouse gas emissions reductions set forth in § 10003 of Title 7 and to meet the minimum percentage of electric energy sales with eligible energy resources as required by § 354(a) of Title 26.

e. Whether the proposal is competitive with new renewable or carbon-free energy projects of similar scale and production profile interconnecting to the PJM grid in Delaware, or states bordering Delaware.

f. The potential economic costs and benefits for the State and Delawareans associated with the proposal and the strength of economic benefit guarantees in the proposal.

g. The avoided costs of greenhouse gas emissions and other air pollutants.

h. The potential health benefits for the State and for Delawareans.

i. The availability and scale of suitable offshore wind locations.

j. The state of the offshore wind industry, the project applicant, and the associated supply chains.

k. The impacts, if any, of the proposal on the electric transmission system and capacity and energy markets, including the ability to facilitate future expansion of offshore wind energy delivery capability.

(10) If the State Energy Office moves forward with negotiation of contract terms on any proposal, such contract terms shall include project labor agreements, and may include community benefits agreements, supply chain requirements, workforce development requirements, and conservation and mitigation elements. The State Energy Office may approve the terms and conditions of an offshore wind contract provided it determines that entering into an offshore wind contract with such terms and conditions is in the public interest, which the State Energy Office shall determine after consideration of the OSW solicitation requirements and the criteria set forth in this section. If the State Energy Office issues such approval, the offshore wind contract shall be submitted to the Commission for approval pursuant to § 365 of Title 26.
29 Del. C. § 4206 — Delaware Code / Title 29 / Chapter 42 / Section 4206
§ Â
        4206. Compensation.
Status: in_force

The members of the Commission shall serve without compensation.
29 Del. C. § 6533 — Delaware Code / Title 29 / Chapter 65 / Section 6533
§ Â
        6533. Limitation on appropriations; advisory benchmark; Budget Stabilization Fund.
Status: repealed

(a) The following terms, as used in this section, shall be defined as follows:

(1) “Appropriation” shall include automatic appropriations and continuing appropriations. An automatic appropriation shall be deemed made when any of the funds so appropriated are expended. A continuing appropriation shall be deemed made on the effective date of the first expenditure of funds so appropriated, notwithstanding the fact that the appropriation may be made continuing by virtue of a later act preventing the reversion of the appropriation.

(2) “Automatic appropriation” shall mean an appropriation which specifies no fixed dollar maximum amount, that amount being determined upon the occurrence of a stated future condition.

(3) “Budget Act” shall mean the Budget Appropriation Bill duly enacted according to §§ 6335 through 6338 of this title, approved by the Governor, and any amendatory legislation.

(4) “Budget Reserve Account” as used in subsection (b) of this section shall mean the Budget Reserve Account as of the close of the fiscal year next preceding the year in which the appropriation, supplemental appropriation or Budget Act described in that subsection is enacted.

(5) “Continuing appropriation” shall mean the unencumbered balance of any General Fund appropriation which, once established, is automatically renewed in any succeeding fiscal year without further legislative action.

(6) “General Fund” shall be as defined in § 6102 of this title.

(7) “Revenue anticipation bonds or notes” shall mean notes or bonds issued by the State in anticipation of the receipt by the State of taxes and revenues payable to the State and to the payment of which the State has pledged its full faith and credit, to the extent that the proceeds of such bonds or notes are deposited in the General Fund.

(8) “Supplemental appropriation” shall mean an appropriation provided by a Supplementary Appropriation Bill pursuant to § 6339 of this title.

(b) No appropriation, supplemental appropriation or budget act shall cause the aggregate General Fund appropriations enacted for any given fiscal year to exceed 98 percent of the estimated General Fund revenue for such fiscal year from all sources, including estimated unencumbered funds remaining at the end of the previous fiscal year. An act approved pursuant to Article VIII, § 3 of the Delaware Constitution of 1897, shall not be considered an appropriation for the purpose of this section. Estimated unencumbered funds are calculated by taking the estimated General Fund cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated encumbrances, estimated continuing appropriations and the amount of the Budget Reserve Fund as established in subsection (d) of this section at the end of said fiscal year. The amount of said revenue estimate and estimated unencumbered funds remaining shall be determined by the most recent joint resolution approved from time to time by a majority of the members elected to each House of the General Assembly and signed by the Governor.

(c) Notwithstanding subsection (b) of this section, any portion of the amount between 98 and 100 percent of the estimated General Fund revenue for any fiscal year as estimated in accordance with subsection (b) of this section may be appropriated in any given fiscal year in the event of emergencies involving the health, safety or welfare of the citizens of the State, such appropriations to be approved by 3/5 of the members elected to each House of the General Assembly.

(d) There is hereby established a Budget Reserve Account within the General Fund. Within 45 days after the end of any fiscal year, the excess of any unencumbered funds remaining from the said fiscal year shall be paid by the Secretary of Finance into the Budget Reserve Account; provided, however, that no such payment will be made which would increase the total of the Budget Reserve Account to more than 5 percent of only the estimated General Fund revenues as set by subsection (b) of this section. The excess of any unencumbered funds shall be determined by subtracting from the actual unencumbered funds at the end of any fiscal year an amount which together with the latest estimated General Fund revenues is necessary to fund the ensuing fiscal year’s General Fund budget including the required estimated supplemental and automatic appropriation for said ensuing fiscal year less estimated reversions. The General Assembly by three-fifths vote of the members elected to each House may appropriate from the Budget Reserve Account such additional sums as may be necessary to fund any unanticipated deficit in any given fiscal year or to provide funds required as a result of any revenue reduction enacted by the General Assembly.

(e) There is hereby established a Revenue Refund Account within the Office of the State Treasurer. Prior to depositing receipts and moneys of this State to the credit of the State Treasurer in the General Fund, the State Treasurer and the Secretary of Finance shall determine the appropriate refund amounts by major categories and pay same into the Revenue Refund Account.

(1) [Repealed.]

(2) The State Treasurer shall prepare and issue reports periodically, upon request, as follows:

a. Estimates of refund disbursements for the current fiscal year and next succeeding fiscal year by major categories for use by the Delaware Economic and Financial Advisory Council (or its successor entity) and/or members thereof; and

b. Status of Revenue Refund Account by major categories at the close of business for each month for use by the Secretary of Finance, the Director of the Office of Management and Budget, and the Controller General.

(f) No appropriation or supplemental appropriation enacted for any given fiscal year for grants-in-aid in the aggregate shall:

(1) Exceed 1.2 percent of the estimated net state General Fund revenue estimated in March for such fiscal year from all sources; and

(2) Cause the aggregate state General Fund appropriations enacted for any given fiscal year to exceed 98 percent of the estimated net state General Fund revenue for such fiscal year from all sources, including estimated unencumbered funds remaining at the end of the previous fiscal year.

The term “estimated net state General Fund revenue” means the estimated gross state General Fund revenue less estimated revenue refunds.

(g) Any appropriation for municipal street aid shall not be subject to the limitation in subsection (f) of this section.

(h) After the end of each fiscal year, the Director of the Office of Management and Budget shall transfer the appropriation to the OPEB Fund required under § 5544(c)(2) of this title.

(i) A Benchmark Appropriation is established, and is to be calculated for a fiscal year as the sum of the product of the Benchmark Index for the fiscal year and the sum of the previous fiscal year’s Budget Act and appropriations for grants-in-aid and the appropriation to the OPEB Fund, required under § 5544(c)(2) of this title, plus an amount not to exceed 1% of the previous fiscal year’s Budget Act, but only to the extent that the amount is directed as a supplemental appropriation to the bond and capital improvements act for the fiscal year.

(1) The Benchmark Index must be comprised of relevant indicators of growth in the State’s economy and initially be comprised of equal weightings of the 3-year average from the current and 2 preceding fiscal years of all of the following:

a. Delaware personal income growth.

b. Delaware population growth, plus the growth in the implicit price deflator for state and local government purchases.

(2) The Benchmark Index must be estimated and reported to the Governor and General Assembly by the Delaware Economic and Financial Advisory Council in December and May of each fiscal year. The report must include a statement of existing reserve funding available, including all of the following:

a. The balance in the Budget Reserve Account, established under § 6 of Article VIII of the Delaware Constitution.

b. The 2% set-aside, as determined by the 98% appropriation limit under § 6 of Article VIII of the Delaware Constitution.

c. The balance that was allocated to the Budget Stabilization Fund that is established under subsection (k) of this section.

(3) The Delaware Economic and Financial Advisory Council shall review the impacts of, and recommend changes to, the calculation of the Benchmark Index with a report to the Governor and General Assembly not later than October 31 of the fiscal year of a general election for the Governor of this State.

(j) Except as provided under § 6335(a)(4) of this title, aggregate General Fund appropriations in the Budget Appropriation Bill required to be submitted by the Governor under § 6335(a) of this title, and supplemental appropriations for grants-in-aid, may not exceed the product of 1 plus the Benchmark Index and the sum of aggregate General Fund appropriations in the prior year’s Budget Act plus supplemental appropriations for grants-in-aid.

(k) A Budget Stabilization Fund is established as a reserve account. Deposits to and appropriations and withdrawals from the Budget Stabilization Fund are authorized as follows:

(1) Whenever estimated unencumbered funds are projected to be negative during the current fiscal year, the General Assembly, by joint revenue resolution approved from time to time by a majority of the members elected to each House of the General Assembly and signed by the Governor under § 6(b) of Article VIII of the Delaware Constitution or act, may subtract funds from the Budget Stabilization Fund and include the funds in a revision of estimated unencumbered funds.

(2) The Director of the Office of Management and Budget shall transfer to the Budget Stabilization Fund the unencumbered balance at the end of each fiscal year in excess of the 2% set-aside, as determined by the most recent joint revenue resolution for the fiscal year under § 6 of Article VIII of the Delaware Constitution and this section.

(3) For purposes of the Budget Appropriation Bill required under § 6335(a) of this title, whenever the 98% limit under § 6 of Article VIII of the Delaware Constitution for the subsequent fiscal year is more than the Benchmark Appropriation for the fiscal year, the excess is considered “extraordinary revenues” available for allocation only to the Budget Stabilization Fund, nonrecurring expenditures, or reducing long-term liabilities. The distribution of extraordinary revenues and any such changes may be detailed in the report and the Budget Appropriation Bill as required under § 6335(a) of this title.

(4) For purposes of the Budget Appropriation Bill required under § 6335(a) of this title, whenever the 98% limit under § 6 of Article VIII of the Delaware Constitution for any given fiscal year is less than the Benchmark Appropriation for the fiscal year, the report and the Budget Appropriation Bill required under § 6335(a) of this title must detail whether and how much funding is proposed to be subtracted from the Budget Stabilization Fund and included in estimated unencumbered funds when determining the joint revenue resolution approved from time to time by a majority of the members elected to each House of the General Assembly and signed by the Governor under § 6(b) of Article VIII of the Delaware Constitution.

(l) Notwithstanding subsection (k) of this section, deposits to and appropriations and withdrawals from the Budget Stabilization Fund solely for the report and the Budget Appropriation Bill required under § 6335(a) of this title to be proposed and submitted by the Governor are limited as follows:

(1) A deposit is not required when the balance of the Budget Stabilization Fund is at or above 5% of only the estimated State General Fund revenues, as determined under subsection (b) of this section.

(2) A deposit may not be made that would increase the balance of the Budget Stabilization Fund to more than 7% of only the estimated State General Fund revenues.

(3) Appropriations and withdrawals from the Budget Stabilization Fund for any given fiscal year may not exceed 50% of the balance of the Budget Stabilization Fund.
29 Del. C. § 7426 — Delaware Code / Title 29 / Chapter 74 / Section 7426
§ Â
        7426. Capital appreciation bonds and discount bonds; sale by State.
Status: in_force

A maximum of 20 percent of the bonds authorized by each Bond and Capital Improvements Act of the State may be sold by the State directly to retail purchasers or to financial intermediaries, or to an underwriter who agrees to use its best efforts to sell such bonds to retail purchasers or to any intermediaries, such bonds to be herein referred to as “retail bonds.” The Secretary of Finance, the State Treasurer, the Director of the Office of Management and Budget and the Controller General are hereby authorized to determine the terms and conditions of the retail bonds, and the manner, whether at public or private negotiated sale, by which they shall be awarded to the purchasers thereof, notwithstanding anything to the contrary contained in this chapter; provided, that the requirements of § 7422 of this title must be observed.
29 Del. C. § 10409 — Delaware Code / Title 29 / Chapter 104 / Section 10409
§ Â
        10409. Guidelines [For application of this section, see 80 Del. Laws, c. 112, Ââ7; and 80 Del. Laws, c. 113, Ââ8].
Status: in_force

(a) No later than November 15, 2015, the Registrar of Regulations, the Office of Management and Budget (OMB), and the Department of State, in consultation with such regulatory agencies, boards, and commissions as may be necessary or desirable, shall submit for final publication guidelines to assist state agencies in preparing the agency regulatory statements required pursuant to this chapter. The adoption of such guidelines shall be subject to the Administrative Procedures Act, § 10101 et seq. of this title, with the OMB serving as the adopting agency.

(b) The guidelines shall include, but are not limited to:

(1) Determining when, and under what circumstances, a proposed regulation is substantially likely to impose additional costs or burdens on individuals and/or small businesses;

(2) Identifying and evaluating alternative methods of achieving the purpose of a proposed regulation;

(3) Determining the potential cost of complying with a proposed regulation, including projected reporting, recordkeeping, and other administrative costs; and

(4) Evaluating and adopting such additional exemptions from the requirements applicable to agency regulatory statements as may be necessary or desirable.
29 Del. C. § 6315A — Delaware Code / Title 29 / Chapter 63A / Section 6315A
§ Â
        6315A. Misnomer in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Office of Management and Budget or any predecessor agency thereof 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 Office 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 Office, the estate or interest therein expressed or described.
29 Del. C. § 507 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 507
§ Â
        507. Preservation of plans of state buildings and public works.
Status: in_force

(a) Complete copies of as-built drawings and specifications for all buildings and other public works that are built on state property, including alterations thereto, shall be deposited with the Delaware Public Archives for preservation and safekeeping.

(b) The Office of Management and Budget shall not approve final payment for any construction project until permanent archival-quality copies of the architectural and engineering drawings have been deposited with the Delaware Public Archives.
29 Del. C. § 8701 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8701
§ Â
        8701. Establishment of Department of State.
Status: in_force

A Department of State is established having, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and the responsibility for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to Chapter 23 of this title.
29 Del. C. § 2514 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2514
§ Â
        2514. Powers and duties of state detectives.
Status: in_force

(a) State detectives may conduct such investigations as directed by the Attorney General.

(b) Any state detective or any police officer of the State or of any subdivision thereof shall, when so requested by the Governor or the Attorney General, serve requisitions made by the Governor and for this shall not receive any compensation, but shall receive actual expenses. Such expenses shall be paid by the State Treasurer out of general funds not otherwise appropriated upon the production of vouchers approved by the Attorney General.

(c) State detectives may make arrests and serve writs anywhere in this State.

(d) The state detective shall serve and return summonses, subpoenas, warrants and commitments issued by presidents of court-martials.
29 Del. C. § 4711 — Delaware Code / Title 29 / Chapter 47 / Section 4711
§ Â
        4711. Disposition of unclaimed body or remains of indigent person [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

(a) In any case where there is an unclaimed body or there are remains of indigent persons and it is incumbent on the State or any political subdivision thereof to bury such person found dead, the Chief Medical Examiner or a duly authorized representative shall notify the Division of Social Services of the Department of Health and Social Services to arrange for the burial unless the case falls within the category described in subsection (b) of this section.

(b) When there is a written consent of the next of kin or other legally responsible party, the remains of an indigent person may be subjected to natural organic reduction, cremated, or donated for scientific research.
29 Del. C. § 6990 — Delaware Code / Title 29 / Chapter 69 / Subchapter VII / Section 6990
§ Â
        6990. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “Outcome payment” means the money paid when a pay for success contract performance measure is met.

(2) “Pay for success contract” means a written agreement to provide a program, service, or economic development initiative, under which an investor provides funding that a state agency agrees to repay to the investor if the service, program, or economic development initiative meets the performance measures and outcomes in the agreement.

(3) “Program intermediary” means a firm that contracts with a state agency to establish and deliver a service, program, or economic development initiative by doing any of the following:

a. Delivering or contracting for relevant services or outcomes.

b. Raising capital to finance the delivery of services or outcomes.

c. Providing ongoing project management and investor relations for the social impact funding instrument.

d. Raising capital to create jobs in scalable, high-growth startups.
29 Del. C. § 2507 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2507
§ Â
        2507. Prohibition on employment of attorneys by state officers, departments, boards, agencies, commissions or instrumentalities.
Status: in_force

No officer, department, board, agency, commission or instrumentality of state government shall employ any person to act as attorney, counsel, solicitor, legal assistant or other legal advisor to such officer, department, board, agency, commission or instrumentality except as otherwise set forth in this chapter. However, such special counsel may be employed by such officer, department, board, agency, commission or instrumentality with the approval of the Attorney General and the Governor upon such terms and conditions as the Attorney General and the Governor may prescribe. The special counsel so appointed shall have such powers, duties and responsibilities as designated by the Attorney General in addition to those powers prescribed in § 2504(3) of this title. Expenses of such employment shall be paid by the State Treasurer out of general funds not otherwise appropriated upon the approval of the Attorney General and the Governor.
29 Del. C. § 5046 — Delaware Code / Title 29 / Chapter 50 / Subchapter III-A / Section 5046
§ Â
        5046. Legislative intent [Transferred].
Status: in_force

Transferred to § 8746A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5947 — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5947
§ Â
        5947. Penalties; jurisdiction.
Status: in_force

(a) Any person who wilfully violates this chapter or any of the rules shall be guilty of a misdemeanor and shall be punished therefor as the Court may direct.

(b) Any person who is convicted of a misdemeanor under subsection (a) of this section shall, for a period of 5 years, be ineligible for appointment to, or employment in, a position in the state service, and if the person is an officer or employee of the State shall forfeit the person’s office or position.

(c) The Superior Court shall have exclusive jurisdiction of violations of this chapter.
29 Del. C. § 8803 — Delaware Code / Title 29 / Chapter 88 / Subchapter I / Section 8803
§ Â
        8803. Powers, duties, and functions of the Secretary [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

The Secretary has the following powers, duties, and functions:

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

(2) To hire such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law. The Secretary shall hire veterans to fill positions within the Department where possible. For purposes of this paragraph, “veteran” means a person who has served on active duty in the U.S. Armed Forces, including the National Guard or the reserves, and who was discharged under other than dishonorable conditions.

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

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

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

(6) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as are deemed necessary by the Secretary and which are consistent with the laws of this State.

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

(8) To promulgate rules and regulations as necessary to carry out the Department’s functions and duties.

(9) To adopt an official seal or seals for the Department.
29 Del. C. § 5505 — Delaware Code / Title 29 / Chapter 55 / Subchapter I / Section 5505
§ Â
        5505. University of Delaware.
Status: in_force

Any sections of this chapter to the contrary notwithstanding:

(1) The term “employee” as used in this chapter shall exclude all designated faculty and designated professional staff of the University of Delaware who are first employed by the University after June 1, 1970.

(2) Faculty and designated professional staff of the University of Delaware who, as of January 1, 1971, have less than 5 years of credited service, exclusive of service credited under § 5501(e)(4) or (5) of this title, and are in a position covered by the Teachers’ Insurance and Annuity Association Retirement Plan shall cease to be employees under this chapter on January 1, 1971, and shall have their accumulated contributions with interest refunded upon the filing of an application on or after January 1, 1971, in a form prescribed by the Board.

(3) Faculty and designated professional staff of the University of Delaware who, as of January 1, 1971, have had 5 or more years of credited service, exclusive of service credited under § 5501(e)(4) or (5) of this title, and are in a position covered by the Teachers’ Insurance and Annuity Association Retirement Plan may, effective January 1, 1971, elect to either:

a. Continue to be an employee under this chapter and continue to make the contributions required under § 5543 of this title; or

b. Cease to be an employee under this chapter and leave their accumulated contributions in the State Employees’ Retirement Fund; or

c. Cease to be an employee under this chapter and have their accumulated contributions with interest refunded upon the filing of an application on or after January 1, 1971, in a form prescribed by the Board.

(4) Faculty and designated professional staff who leave their accumulated contributions in the State Employees’ Retirement Fund in accordance with paragraph (3)b. of this section shall become eligible to receive a service pension or acquire a vested right to a service pension in accordance with §§ 5522 and 5523 of this title, respectively, provided that their age and total years of credited service under this chapter plus their years of service with the University of Delaware after January 1, 1971, meet the requirements of § 5522 or § 5523 of this title. The amount of the monthly service pension payable to any such faculty or designated professional staff shall be one sixtieth of their final average compensation as of January 1, 1971, multiplied by the number of years, taken to the nearest twelfth of a year, in the period of credited service under this chapter, subject to a maximum of $1,000.

(5) Faculty and designated professional staff who leave their accumulated contributions in the State Employees’ Retirement Fund in accordance with paragraph (3)b. of this section shall become eligible to receive a disability pension or, in the event of death before commencement of service or disability pension payments, a monthly survivor’s pension shall be payable to their eligible survivor or survivors only if they are eligible to receive a service pension under § 5522(a)(2) or (3) of this title as of January 1, 1971. All other such faculty and designated professional staff shall not become eligible to receive a disability pension or, in the event of death before commencement of service pension payments, a monthly survivor’s pension shall not be payable to their eligible survivor or survivors. In the event any such individual dies after commencement of service or disability pension payments, § 5528(b) of this title shall apply, provided that such individual had 15 years of credited service under this chapter, exclusive of service credited under § 5501(e)(4) or (5) of this title, as of January 1, 1971.

(6) By October 1 of each year beginning with 1970, the University of Delaware shall submit to the Board a list of the faculty and designated professional staff who are not employees under this chapter and are covered by the Teachers’ Insurance and Annuity Association Retirement Plan, showing the estimated salaries of such faculty and professional staff for the fiscal year beginning July 1 of the following year. The Board shall apply the normal rate of contribution determined in accordance with § 5544 of this title to the total estimated salaries of such faculty and professional staff and report the resulting amount to the Director of the Office of Management and Budget of the State by November 1 of each year beginning with 1970. The State shall appropriate such amount from the General Fund to the University of Delaware each fiscal year, payments of which shall be made in equal monthly installments beginning with the fiscal year beginning July 1, 1971.

(7) a. The term “employee” as used in this chapter shall exclude all professional staff of the University of Delaware who are first employed by the University after June 1, 1974. All professional staff, who as of January 1, 1975, have less than 5 years of credited service, exclusive of service credited under § 5501(e)(4) or (5) of this title, shall cease to be employees under this chapter on January 1, 1975, and shall have their accumulated contributions with interest refunded upon the filing of an application in a form prescribed by the Board.

b. All professional staff who, as of January 1, 1975, have 5 or more years of credited service, exclusive of service credited under § 5501(e)(4) or (5) of this title, and were not previously permitted to make an election in accordance with paragraph (3) of this section shall, effective January 1, 1975, elect 1 of the 3 options in paragraph (3) of this section; paragraphs (4) and (5) of this section shall apply to any such professional staff who elect to leave their accumulated contributions in the State Employees’ Retirement Fund in accordance with paragraph (3)b. of this section, except that January 1, 1975, shall be substituted for January 1, 1971, wherever the latter appears in paragraphs (3) and (4) of this section.

(8) Notwithstanding any other provisions of this section to the contrary, hourly and salaried staff employees who become professional employees may elect to continue to be employees under this chapter and make contributions into and be covered by the State Employees’ Retirement Fund.
29 Del. C. § 8735 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8735
§ Â
        8735. Division of Professional Regulation.
Status: in_force

(a) The Division of Professional Regulation (Division) has the powers, duties, and functions set forth under this section. The Division shall be responsible for the administrative, ministerial, budgetary, clerical, and exclusive investigative functions, including the appointment, removal, compensation, and duties of employees, as provided by law of the following commissions, boards, and agencies, with the exception that the Secretary of State is not precluded from entering into a memorandum of understanding with the Secretary of the Department of Health and Social Services (DHSS) for the purpose of allowing employees of DHSS to function as inspectors, investigators, and administrative support for the Board of Pharmacy:

(1) Board of Accountancy as set forth in Chapter 1 of Title 24;

(2) Board of Landscape Architecture as set forth in Chapter 2 of Title 24;

(3) Board of Architects as set forth in Chapter 3 of Title 24;

(4) Board of Podiatry as set forth in Chapter 5 of Title 24;

(5) Board of Chiropractic as set forth in Chapter 7 of Title 24;

(6) Licensing of deadly weapons dealers as set forth in Chapter 9 of Title 24;

(7) State Board of Dentistry and Dental Hygiene as set forth in Chapter 11 of Title 24;

(8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24;

(9) Commission on Adult Entertainment Establishments as set forth in Chapter 16 of Title 24;

(10) Board of Medical Licensure and Discipline as set forth in Chapter 17 of Title 24;

(11) Board of Nursing as set forth in Chapter 19 of Title 24;

(12) Board of Occupational Therapy Practice as set forth in Chapter 20 of Title 24;

(13) Board of Examiners in Optometry as set forth in Chapter 21 of Title 24;

(14) Board of Pharmacy as set forth in Chapter 25 of Title 24;

(15) Examining Board of Physical Therapists and Athletic Trainers as set forth in Chapter 26 of Title 24;

(16) Board of Professional Land Surveyors as set forth in Chapter 27 of Title 24;

(17) Real Estate Commission as set forth in Chapter 29 of Title 24;

(18) Board of Mental Health and Chemical Dependency Professionals as set forth in Chapter 30 of Title 24;

(19) Board of Funeral Services as set forth in Chapter 31 of Title 24;

(20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24;

(21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 24;

(22) Board of Geologists as set forth in Chapter 36 of Title 24;

(23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37 of Title 24;

(24) Board of Clinical Social Work Examiners, as set forth in Chapter 39 of Title 24;

(25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24;

(26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24;

(27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23;

(28) Committee of Dietetics/Nutrition as set forth in Chapter 38 of Title 24;

(29) Board of Massage and Bodywork, as set forth in Chapter 53 of Title 24;

(30) Board of Charitable Gaming as set forth in Chapter 15 of Title 28;

(31) Board of Plumbing Examiners, as set forth in Chapter 18 of Title 24;

(32) Council on Real Estate Appraisers as set forth in Chapter 40 of Title 24;

(33) Manufactured Home Installation Board as set forth in Chapter 44 of Title 24;

(34) Board of Home Inspectors as set forth in Chapter 41 of Title 24; and

(35) Board of Elevator Mechanics as set forth in Chapter 61 of Title 24.

(b) The Division of Professional Regulation shall have the powers, duties and functions related to the regulation of amateur and professional boxing and combative sports entertainment as set forth in Chapter 1 of Title 28.

(c) The Division of Professional Regulation, with the approval of the Secretary of State, shall establish, for all commissions, boards and agencies and activities administered pursuant to this section, such appropriate fees as shall approximate and reasonably reflect all costs necessary to defray the expenses of each such board or commission, or of the Division on behalf of such board or commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in the appropriate chapter of the Delaware Code. No application fee shall be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate fees for each agency. All revenue generated by any of the activities performed by or on behalf of the boards or commissions listed in this chapter shall be deposited in an appropriated special fund account in the Division of Professional Regulation. These funds shall be used to fund all costs necessary to defray the expenses of each board or commission or of the Division on behalf of such board or commission, up to the budget authority for any fiscal year or portion thereof.

(d) The Division of Professional Regulation shall have the following powers, duties, and functions relating to the administration of examinations for all boards, commissions, and other agencies listed in this section:

(1) To designate, approve, arrange for and contract for an examination site, for each examination held by such agency;

(2) To deposit all fees received for testing into a special account to be used for the sole purpose of covering the costs of all agency examinations, including test validation;

(3) To pay examination services and other expenses directly related to the administration of examinations;

(4) To review, approve and execute all contracts for examination services;

(5) Review and approve, subject to review by the Joint Legislative Oversight and Sunset Committee, the content and validity of any examination written, developed, or used by a board or commission listed in this section;

(6) Supervise the administration and proctoring of all tests for all boards and commissions;

(7) To contract for a treatment provider for licensed persons, provided however that such treatment provider shall not be employed by or under contract with any professional organization representing licensees regulated by the Division of Professional Regulation or any board in Title 24; and

(8) Permit potential complainants access to an Investigator with the Division of Professional Regulation to discuss issues or concerns regarding their reports or complaints.

(e) The Division of Professional Regulation shall establish a uniform policy for the reimbursement of expenses for members of all boards and commissions listed in this section, which policy shall be set forth in the Division’s rules and regulations. In establishing this policy, the Director of Professional Regulation may consider the limits of available appropriations and the need to allocate travel funds for board and commission representation at appropriate national or regional meetings of state professional regulatory boards. In addition to the rate of compensation established in the Delaware Code for each board or commission, each member of a board or commission listed in this section may receive reimbursement or partial reimbursement for necessary expenses to attend meetings. Such expenses shall not exceed the mileage rate paid to state employees, per mile actually traveled, or the cost of public transportation and no more than $10 per meeting for all other miscellaneous expenses.

(f) The Division of Professional Regulation shall establish policies governing the appropriate times, locations and notice for meetings and public hearings of all boards and commissions listed in this section so as to promote public participation. Such policies shall be set forth in the rules and regulations of the Division. Meetings and hearings may only take place in facilities approved by the Division.

(g) (1) The Director of the Division of Professional Regulation (Director) shall ensure that all regulatory actions taken by boards and commissions listed in this section are in conformance with the Administrative Procedures Act, Chapter 101 of this title and the Freedom of Information Act, Chapter 100 of this title. The Director shall review and approve all legal notices, public notices, and agendas for conformance with these requirements.

(2) A Social Security number or alternative personally-identifying number, such as an individual taxpayer identification number, provided to the Division is confidential and is not a public record for the purposes of Chapter 100 of this title. The Division may not disclose the Social Security number or alternative personally-identifying number, except for the following purposes:

a. Tax purposes.

b. Licensing purposes.

c. Enforcement of an order for the payment of child support.

(h) The following procedure shall be followed for the investigation of complaints against licensees of boards, agencies and commissions listed in subsection (a) of this section and otherwise regulated by the Division of Professional Regulation:

(1) Any person who desires to file a complaint against any licensee regulated by a board, commission or agency covered pursuant to this chapter must do so in writing.

(2) The complaint shall state the name of the licensee and sufficient facts as determined by the Division which allegedly constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Division of Professional Regulation may, in its discretion, sua sponte dismiss the complaint.

(3) The complaint shall be filed with the Director of the Division. The Director shall, within 15 days of the receipt of the complaint, fill out a complaint card, assign a complaint number and log the complaint in the Division of Professional Regulation’s records. A record of the complaint shall be kept with the Division for a period of 5 years. The Division shall also assign an investigator employed by the Division to investigate the complaint after this procedure is complied with.

(4) The Division of Professional Regulation shall thereafter mail a copy of the complaint to the licensee named in the complaint at the licensee’s address of record in the Division’s files. The Division of Professional Regulation may, in its discretion, withhold the name of the complainant. The named licensee, if the licensee chooses, may file an answer to the complaint within 20 calendar days with the Division.

(5) The Division shall, thereafter, provide a copy of the complaint to the board, commission or agency which regulates the named licensee in the complaint. The board, agency, or commission shall maintain a record of the same.

(6) The Division of Professional Regulation shall suspend its investigation and withhold from the respondent reports of unlicensed practice or misconduct if a request to do so is made in writing by the Delaware Department of Justice or a federal law-enforcement authority due to the potential effects of such conduct on a pending criminal investigation. Such written request shall suspend any duty to investigate, advise the complainant or respondent, provide a copy of the complaint to the board, commission or agency which regulates the named licensee, or undertake any other duties that would interfere with the ability of law enforcement to investigate the allegations successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs the Executive Director in writing that action by the Division of Professional Regulation will not interfere with a pending law-enforcement investigation.

(7) At the board, agency or commission’s next regularly scheduled meeting, it may assign a board member to assist the Division with the investigation of the complaint. This board member shall maintain strict confidentiality of the facts of the investigation and shall not discuss any issue of fact or law of the investigation with any other board member or the public. In addition, if a hearing is held, the investigating board member shall excuse oneself as a board member but may otherwise assist in the presentation of the complaint before the board.

(8) The investigator assigned by the Division of Professional Regulation shall direct the investigation of the complaint but shall maintain contact with the investigating board member regarding the investigation. The investigator shall issue a final report at the conclusion of the investigator’s investigation. The report shall list the evidence reviewed, the witnesses interviewed and cite the law or regulation alleged to have been violated and the facts to support such finding. The report shall contain a written recommendation to either prosecute or dismiss the complaint approved by the Director of the Division of Professional Regulation.

(9) The Director of the Division of Professional Regulation may forward the complaint and written report to the Department of Justice for review by a Deputy Attorney General. If deemed warranted, the Deputy Attorney General may file a formal written complaint against the named licensee with the board, commission or agency which regulates the licensee and request a hearing before the board, commission or agency. If the Deputy Attorney General assigned to the case recommends not to prosecute or otherwise not file a formal complaint, the Deputy Attorney General shall notify the Director of Professional Regulation in writing.

(10) If the Deputy Attorney General assigned to the case recommends dismissal or no prosecution, the Division shall, thereafter, dismiss the complaint which shall constitute a final order. The Division shall, thereafter, file a copy of the Attorney General’s recommendation and an investigator’s report with the board, commission or agency which regulates the licensee for informational purposes only.

(11) The Division Director or the Division Director’s designee is empowered to issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of the complaint and/or for a public hearing on the complaint. If the party or person subpoenaed fails to comply, the Division may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney’s fees and/or a civil fine not to exceed $1,000 if the motion to compel is granted.

(i) This chapter does not preclude a commission, board or agency under the jurisdiction of this section from, if its enabling legislation so provides, revoking or immediately suspending a practitioner’s license if the board finds the health, welfare and safety of the public is in immediate or imminent danger.

(j) This chapter shall supersede any provisions of any commission, board or agency’s procedures named in this section, except the Board of Medical Licensure and Discipline, for handling complaints against practitioners prior to July 20, 1989.

(k) The Division of Professional Regulation shall provide at least once every fiscal year training to members appointed to the regulatory boards listed in subsection (a) of this section. The training shall outline the legal responsibilities of board members to protect the health, safety and welfare of the general public.

(l) (1) The provisions of § 516(g) and § 2216 of Title 13, § 3368 of Title 19, and § 547 of Title 30 supersede any provisions of this section to the contrary and any provisions or procedures, by statute or regulation, of any commission, board, or agency named in this section with respect to matters involving any applicant or licensee under § 516(g) or § 2216 of Title 13, § 3368 of Title 19, and § 547 of Title 30.

(2) The Director of the Division of Professional Regulation shall forthwith suspend, or deny to such licensee or applicant the issuance or renewal of, any license, permit, certificate, approval, registration, or other similar form of permission or authorization to practice or engage in any profession, occupation, or business of any commission, board, or agency named in this section, but not including any license issued on behalf of a nonprofit applicant by the Board of Charitable Gaming under Chapter 15 of Title 28, on receipt of notification regarding a licensee or applicant from any of the following:

a. The Family Court under § 516(g) of Title 13.

b. The Director of the Division of Child Support Services under § 2216 of Title 13.

c. The Director of the Division of Unemployment Insurance under § 3368 of Title 19.

d. The Director of the Division of Revenue under § 547 of Title 30.

(m) The Social Security number of the applicant shall be included on the application for issuance or renewal of any license, permit, certificate, approval, registration, or other similar form of permission or authorization to practice or engage in any profession, occupation, or business of any commission, board, or agency under subsection (a) of this section, except for any of the following:

(1) A license issued on behalf of a nonprofit applicant by the Board of Charitable Gaming under Chapter 15 of Title 28.

(2) Notwithstanding any other law or regulation, if an applicant for a license does not have a Social Security number, the applicant must do 1 or more of the following when completing an application for a license:

a. Provide an alternative personally-identifying number, such as the applicant’s individual taxpayer identification number,

b. Complete a Social Security number exemption attestation.

(n) Unless otherwise provided by law, any Board within the Division of Professional Regulation may adopt through its rules and regulations the Voluntary Treatment Option for Chemically Dependent or Impaired Professionals for the treatment of chemically dependent or impaired persons regulated by such Board. The Voluntary Treatment Option for Chemically Dependent or Impaired Professionals shall be available to a regulated professional of a participating Board, provided the regulated professional has not committed any offense, other than the status of being chemically dependent or impaired, which otherwise constitutes a ground for discipline under applicable laws governing the regulated professional. The participating Board may defer and ultimately take no disciplinary action with regard to an eligible chemically dependent or impaired regulated professional who voluntarily signs an agreement, in a form satisfactory to the participating Board, agreeing to the terms and conditions specified in the Voluntary Treatment Option. The Board, where it deems appropriate, may proceed with disciplinary action with regard to a disciplinary offense alleged to have occurred prior to the professional’s entry into the Voluntary Treatment Option. Any person regulated by a participating Board may refer oneself into this Voluntary Treatment Option. Any member of the public, or member of the participating professions regulated by the Division of Professional Regulation, may make a written report, signed by the complainant, of chemical dependency or impairment affecting any person regulated by a participating Board within the Division of Professional Regulation to the appropriate Board chairperson, that Board chairperson’s designate, or designates, or directly to the Director of the Division of Professional Regulation or the Director’s designate. Failure to provide such a report may be considered grounds for disciplinary action against a regulated professional so failing to report, if such grounds for disciplinary action are provided in the participating Board’s statutes, rules or regulations. When a report is received indicating that a regulated professional of a participating Board may be chemically dependent or impaired, the Boards or Commissions subject to this Voluntary Treatment Option for Chemically Dependent or Impaired Professionals shall follow the following procedures:

(1) If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or the Director’s designate of the report. If the Director of Professional Regulation receives the report, the Director shall immediately notify the chairperson of the regulatory Board, or that chairperson’s designate or designates.

(2) The chairperson of the regulatory Board or that chairperson’s designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform that individual in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give that individual the opportunity to enter the Voluntary Treatment Option.

(3) In order for the individual to participate in the Voluntary Treatment Option, the individual shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health-care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson’s designate or designates.

(4) A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson’s designate or designates or the Director of the Division of Professional Regulation or the Director’s designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or the Director’s designate and the chairperson of the participating Board or that chairperson’s designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.

(5) Failure to cooperate fully with the participating board chairperson or that chairperson’s designate or designates or the Director of the Division of Professional Regulation or the Director's designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson’s designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection (h) of this section.

(6) The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:

a. Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional’s progress.

b. Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson’s designate or designates or to the Director of the Division of Professional Regulation or the Director’s designate at such intervals as required by the chairperson of the participating Board or that chairperson’s designate or designates or the Director of the Division of Professional Regulation or the Director’s designate, and such person making such report will not be liable when such reports are made in good faith and without malice.

c. Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.

d. Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program or programs. In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this paragraph (n)(6)d. shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.

e. Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board’s chairperson or such chairperson’s designate or designates or to the Director of the Division of Professional Regulation or such Director’s designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.

f. Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.

(7) The regulated professional’s records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional’s chemical dependency or impairment is an issue.

(8) The participating Board’s chairperson, that chairperson’s designate or designates or the Director of the Division of Professional Regulation or that Director’s designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.

(9) If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.

(10) Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.

(11) Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have that person’s confidentiality protected if the matter is handled in a nondisciplinary matter.

(12) Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have that professional’s confidentiality protected unless otherwise specified in a participating Board’s rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.

(o) The Secretary of State shall, notwithstanding any law to the contrary, also have the power to establish specific biennial renewal dates for professional licensure registration of Title 23 and Title 24 professional licensing boards in such manner as to promote the efficient administration of professional licensure renewal throughout each biennial period, and to provide for the imposition of licensure and related fees in accordance with § 2320(c) of this title.

(p) Continuation and issuance of licenses and permits for deployed active duty, activated Reserve and National Guard military personnel. — (1) Notwithstanding any provision of Title 24 to the contrary, all licenses and permits issued by boards and commissions administered by the Division of Professional Regulation (“Division”) pursuant to subsection (a) of this section, shall not expire for a qualifying person as defined in paragraph (p)(7) of this section herein, as follows:

a. For 180 days after the date the qualifying person returns from active deployment, if continuing education credits are not a requirement of the license or permit renewal; or

b. For 270 days after the date the qualifying person returns from active deployment, if continuing education credits are a requirement of a license or permit renewal.

(2) A qualifying person who held or holds a valid license or permit at the time of deployment, which license or permit does not require continuing education requirements, who wishes to renew said license or permit, shall submit to the appropriate board or commission, the required documentation and information necessary, as required by Title 24, for renewal of the same type of permit or license within 90 days after the qualifying person has returned from active deployment.

(3) A qualifying person who held or holds a valid license or permit at the time of deployment, which license or permit has continuing education requirements, who wishes to renew said license or permit, shall submit to the appropriate board or commission the required documentation, including proof of having met the continuing education requirements and information necessary, as required by Title 24, for the same type of permit or license, for renewal within 180 days after the qualifying person has returned from active deployment.

(4) A qualifying person selected for active deployment may apply for a license or permit expiration extension prior to deployment, as allowed by paragraphs (p)(2) and (3) of this section herein. Should a qualifying person hold a license or permit which would have expired during the qualifying person’s period of deployment, said qualifying person may apply to renew said license or permit as allowed by paragraphs (p)(2) and (3) of this section herein. The intent to extend or renew such permit or license shall be made by the qualifying person to the Division on a form stipulated by the Division, accompanied by a copy of official deployment documents, or other official verification acceptable to the Division.

(5) The protection from license or permit expiration provided under this subsection does not void or limit the obligations of the qualifying person to meet all requirements of licensure, as required in the section or sections of Title 24 applicable to the profession or professions for which the license or permit is sought.

(6) Notwithstanding any provision of Title 24 to the contrary, all boards and commissions administered by the Division pursuant to subsection (a) of this section shall accept the military training, education, or experience of a qualifying person so long as such training, education, or experience is substantially equivalent to the requirements established by law and regulations of the respective board or commission and the applicant complies with all other requirements for licensure, including, without limitation, any requirement for examination.

(7) As used in this section, “qualifying person” means an individual who is a member of the active duty military, a member of the National Guard, a member of the military reserve, retired military, or a military veteran.

(q) Notwithstanding any provision of Title 24 to the contrary, a qualifying person, as defined in paragraph (p)(7) of this section, or the spouse of a qualifying person, may apply for reinstatement of any license or permit issued by boards and commissions administered by the Division of Professional Regulation (“Division”) pursuant to subsection (a) of this section within 2 years of the lapse or expiration of any such license or permit. The qualifying person or the spouse of a qualifying person shall submit to the appropriate board or commission the documentation and information necessary, as required by Title 24, for reinstatement of the same permit or license and pay all applicable fees. An application to reinstate such license or permit shall be made by the qualifying person or the spouse of a qualifying person to the Division on a form designated by the Division, accompanied by a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person and that the qualifying person is assigned to a duty station in this State acceptable to the Division. This subsection shall not apply to a license or permit that was suspended or revoked unless said license or permit was reinstated prior to its lapse or expiration.

(r) Notwithstanding any provision of Title 24 to the contrary, a qualifying person, as defined in paragraph (p)(7) of this section or the spouse of a qualifying person, may apply for a provisional license or permit issued by boards and commissions administered by the Division of Professional Regulation (“Division”) pursuant to subsection (a) of this section, effective for a period up to 6 months during the pendency of an application for a permit or license by endorsement or reciprocity pursuant to Title 24. A provisional license issued under this subsection expires 6 months from the date of issuance and cannot be renewed. The qualifying person or the spouse of a qualifying person shall submit to the appropriate board or commission the documentation and information necessary, as required by Title 24, for endorsement or reciprocity of the same permit or license and pay all applicable fees. An application to receive such provisional license or permit shall be made by the qualifying person or the spouse of a qualifying person to the Division on a form designated by the Division, accompanied by a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person, and that the qualifying person is assigned to a duty station in this State acceptable to the Division. The qualifying person or the spouse of a qualifying person must be the holder of an active license or permit in good standing in another State, District of Columbia, or territory of the United States in which the requirements for licensure or certification are substantially similar to this State, with no unresolved complaint, review procedure, or disciplinary proceeding.

(s) The Division of Professional Regulation may investigate complaints of unauthorized practice of the professions governed by the boards, agencies and commissions named in subsection (a) of this section. The Division may issue citations for unlicensed practice discovered during an investigation into a complaint of unlicensed practice, a complaint otherwise under investigation, or an inspection as follows:

(1) Upon discovery of the unlicensed practice of a profession or the unlicensed operation of any facility governed by the boards, agencies and commissions named in subsection (a) of this section, the Division may issue a citation to the person engaging in the unlicensed practice of the profession, or the owner, operator, manager or person otherwise responsible for any facility that is operating without a license or permit required by such board, agency or commission.

(2) The citation shall be prepared on a form approved by the Director of the Division and shall clearly state the violation or violations and the penalty. The penalty for the first occurrence of unlicensed practice by an individual or unlicensed operation of a facility shall be no more than $250.

(3) Any person or facility cited may, within 30 days of the issuance of the citation, admit such violation and remit payment of the penalty to the Division or deny such violation and request a hearing to contest the citation. Denials and requests for hearing must be made within 10 days of the issuance of the citation. Failure to deny and request a hearing within 10 days of any citation will be deemed an admission of the violation. Any admitted violations may be referred to appropriate law-enforcement agencies, including the Delaware Department of Justice, for criminal prosecution.

(4) Any person or facility who either admits, or after a hearing is found guilty of, engaging in unlicensed practice may be fined up to $1,000 per day for every day such unlicensed practice occurs after such admission or finding.

(5) The Division will not issue a license or permit to any applicant with unpaid penalties issued pursuant to this paragraph (s).

(6) The Division of Professional Regulation shall notify the Department of Finance of any person who admits or is found to have engaged in the unlicensed practice of a profession and who the Division has reason to believe should have had a business or occupational license to conduct business.

(t) The Division shall, upon receiving a complaint involving potential criminal conduct, immediately report the complaint to appropriate law-enforcement agencies, including the Delaware Department of Justice.

(u) The Division shall subscribe to and maintain a subscription to a national licensing data-bank reporting service in order to receive proactive notification of all disciplinary actions taken against medical licensees in states outside Delaware. Upon receipt of a disciplinary notification concerning an individual who is certified by the Board of Medical Licensure and Discipline, the Division may take the appropriate steps for investigation and, if appropriate, referral to the Department of Justice.

(v) (1) There is hereby created within the Department of State the full-time position of hearing officer. With respect to case decisions arising under Title 29, Chapter 101, subchapter III, the hearing officers shall have:

a. All powers and duties conferred or imposed upon such hearing officers by law or by the Rules of Procedure for any board or commission under Titles 23, 24, and 28;

b. The power to administer oaths and affirmations;

c. The power to hear and determine any prehearing matter pending before any board or commission under Titles 23, 24, and 28. In such circumstances, the hearing officer’s decision has the same authority as a decision of the board or commission and is subject to judicial review on the same basis as a decision of the board or commission;

d. The power to conduct hearings, including any evidentiary hearings. The testimony or evidence so taken or received shall have the same force and effect as if taken or received by the board or commission. Upon completion of such hearing or the taking of such testimony and evidence, the hearing officer shall submit to the board or commission findings and recommendations thereon. The findings of fact made by a hearing officer on a complaint are binding upon the board or commission. The board or commission may not consider additional evidence. When the proposed order is submitted to the board or commission, a copy shall be delivered to each of the other parties, who shall have 20 days to submit written exceptions, comments and arguments concerning the conclusions of law and recommended penalty. The board or commission shall make its final decision to affirm or modify the hearing officer’s recommended conclusions of law and proposed sanctions based upon the written record.

(2) Hearing officers shall be appointed by the Secretary of State and shall serve for a term of 5 years; provided however, that the initial hearing officers may be appointed to terms shorter than 5 years, but not less than 3 years, to ensure staggered term expirations. Appointees shall be residents of the State, shall be duly admitted to practice law before the Supreme Court of this State and shall not engage in the practice of law nor any business, occupation or employment inconsistent with the expeditious, proper and impartial performance of their duties. Individuals appointed as hearing officers under this section shall take the oath or affirmation prescribed by article XIV, § 1 of the Delaware Constitution before they enter upon the duties of their office.

(3) Reappointments shall be at the discretion of the Secretary of State.

(4) The removal of a hearing officer by the Secretary of State during the term of appointment may be made for just cause. For the purposes of this subsection only, “just cause” shall be defined as including, but not limited to, reduction in force, inefficiency or unsatisfactory performance of duties.

(w) Any board, commission, committee or council listed in subsection (a) of this section shall have the authority to delegate to the Director or the Director's designee the authority to issue permits and licenses administratively using specific criteria agreed upon by each such entity and the Director.

(x) (1) Because professional licensing requirements can be a substantial barrier to those with a criminal history who are attempting to enter and advance in the workforce and a potential limitation on a robust workforce, it is the policy of this State that criminal history records should disqualify applicants for professional licensure under chapters of Title 24 administered by the Division of Professional Regulation only in the limited circumstances set forth in this subsection. The provisions of this subsection apply to all license procedures in Title 24 except those set forth in Chapters 9, 12, 13, 23, 28, 54, and 55.

(2) Conviction of a crime may be grounds for the denial of a license only if the underlying offense is 1 identified by the licensing board as being substantially related to the practice of the occupation or profession.

(3) A licensing board shall grant a waiver to an applicant with a criminal conviction, unless granting a waiver would create an unreasonable risk to public safety. In making the waiver determination, a licensing board shall make an individualized assessment of the applicant, considering all of the following:

a. The nature and seriousness of the offense.

b. The amount of time that has passed since the conviction.

c. The age of the applicant at the time the offense was committed.

d. Evidence relevant to the circumstances of the offense, including any aggravating or mitigating circumstances or social conditions surrounding the commission of the crime.

e. The relationship between public safety, the offense, and the specific tasks and duties for which licensure is required.

f. Evidence of rehabilitation or treatment undertaken by the applicant since the conviction.

(4) The following criminal history records and dispositions may not be considered by a licensing board or the Division of Professional Regulation and may not be grounds for the initial denial of a license unless an exception is specifically set forth in Title 24 for certain licenses:

a. A criminal charge, indictment, or arrest that is no longer pending and did not lead to a criminal conviction.

b. A criminal conviction that has been pardoned, sealed, or expunged.

c. A juvenile adjudication of delinquency.

d. A criminal conviction where more than 10 years have passed since the date of conviction if there have been no other criminal convictions in the intervening time.

(5) An individual convicted of an offense that has been identified by a licensing board as being substantially related to the practice of an occupation or profession may at any time prior to applying for a license, petition the Division of Professional Regulation, in a form prescribed by the Division, for an official determination as to whether the individual’s criminal conviction will prevent the individual from receiving a license. The petition must list each of the specific offenses for which the individual was convicted and may include evidence relevant to each of the factors described in paragraph (x)(3) of this section, including personal references or testimonials.

(6) Before a licensing board makes an official determination that a criminal conviction will prevent an individual from receiving a license under paragraph (x)(5) of this section, the licensing board must provide the individual with written notice containing all of the following:

a. An identification of the conviction that is substantially related to the practice of the occupation or profession.

b. A statement of the reason the individual’s conviction was determined to pose an unreasonable risk to public safety.

c. Instructions for the applicant or individual seeking a determination to submit evidence that the licensing board will consider before issuing an official determination.

(7) If a licensing board makes an official determination under paragraph (x)(5) of this section that a criminal conviction will not prevent an individual from receiving a license, the licensing board must inform the individual in writing and this determination will be binding on the licensing board at the time of the individual’s licensure application, so long as there has been no substantial change in circumstances. If a licensing board makes an official determination under paragraph (x)(5) of this section that a criminal conviction may prevent an individual from receiving a license, the individual’s licensure application may not be denied until after a hearing, conducted pursuant to Chapter 101, of Title 29, at which time the entirety of the application will be considered.

(8) For purposes of this subsection “licensing board” includes a commission, council, or any other entity with authority over the licensing procedures in Title 24 that are not specifically excluded under paragraph (x)(1) of this section.

(y) The Division shall support health-care workforce research and planning by collaborating with relevant licensing boards, commissions, and agencies to identify data pertinent to health-care workforce research and planning, and by collecting the identified data from applicants during the licensing or renewal process.
29 Del. C. § 5501 — Delaware Code / Title 29 / Chapter 55 / Subchapter I / Section 5501
§ Â
        5501. Definitions.
Status: repealed

(a) “Approved medical leave” means a leave of absence from covered state employment, without pay, for a definite period of time, authorized by the head of the employee’s department or agency, and necessitated by the employee’s mental and/or physical condition. Approved medical leaves shall not exceed 1 year unless extended by the Board of Pension Trustees.

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

(c) “Compensation” means for any individual all salary, wages and fees, including overtime payments and special payments for extra duties, payable to such individual for service credited under paragraphs (e)(1), (2) and (3) of this section and the value of any maintenance provided for the individual as part of such payments. For any post-2011 employee “compensation” means all salary, wages and fees, including special payments for extra duties, excluding overtime payments payable to such individual for service credited under paragraphs (e)(1), (2) and (3) of this section and the value of any maintenance provided for the individual as part of such payments. For those individuals who purchase credited service under paragraph (e)(12) of this section “compensation” shall include the salary, wages and fees that such individuals would have received had they remained in such employment for the term of the approved leave.

(d) “Correction officer” shall mean an employee employed by the Department of Correction in a position responsible for supervising correctional officers in secured facilities and/or classified with a correctional officer job title.

(e) “Credited service” shall mean, for any individual:

(1) Service as an employee, excluding any period during which an employee is on an approved leave unless service credit for such period or periods of leave is purchased pursuant to paragraphs (e)(9), (10), (11) and (12) of this section.

(2) Service before June, 1970, which was deemed to be “covered employment” as defined in this section as in effect on May 31, 1970.

(3) (i) Service for which credit was allowed pursuant to § 5522 of this title as in effect on May 31, 1970, and service before June, 1970, for which credit was allowed pursuant to § 5525(a) and (b) of this title as in effect on May 31, 1970; provided, however, that the provisions of § 5525(c) of this title as in effect on May 31, 1970, shall remain in effect and (ii) service as a justice of the peace or as a constable for Justices of the Peace Courts, regardless of whether such person was paid by salary or by fee; provided, however, that if a justice of the peace or a constable for Justices of the Peace Courts is eligible for a pension under a county or municipal pension system of this State, any such service used to establish eligibility under such county or municipal pension system shall only be used in determining such an employee’s eligibility under this chapter and shall not be used to determine the pension to be paid under this chapter to such an employee and (iii) service of any individual who became an employee under this chapter on July 1, 1969, in accordance with Volume 57, Laws of Delaware, Chapter 228, provided that, notwithstanding any provision of this chapter to the contrary, the pension of any such individual shall be the greater of the pension determined under this chapter or under the statutory pension system of the county in which any such individual was employed on June 30, 1969, as such statutory pension system was in effect on June 30, 1969, with the amount of any such pension to be determined by using any such individual’s total period of service up to retirement.

(4) Who first became an employee before July 1, 1976, full-time active duty, not in excess of 5 years, in the armed services of the United States during time of war or national emergency, provided that the individual became an employee within 5 years after completion of the individual’s tour of duty, or within 5 years after the completion of a course of professional or vocational training, if such course was begun within 5 years after completion of the individual’s tour of duty, except that the aforesaid 5-year period within which the individual must become an employee shall not apply to full-time officers and members of the National Guard of the State who were active members of the State Employees’ Pension Plan on June 1, 1970.

(5) Who first became an employee before July 1, 1976, service in professional educational employment, not in excess of 4 years, performed for another state, a municipality in another state, the federal government or an accredited private school or college anywhere in the world, provided that the individual who rendered such service (i) subsequently becomes an employee as a schoolteacher, professional administrative or supervisory employee or school nurse employed in a public school, the State Department of Education, the University of Delaware, Delaware State University or Delaware Technical and Community College and (ii) on or before the date of issuance of the first pension benefit check, pays into the fund an amount equal to 5% of the final average compensation for each month so credited except that individuals who retire prior to December 31, 1981, and who elect not to buy-in under subsection (f) of this section shall pay into the Fund an amount equal to 5% of the prior final average compensation for each month so credited; provided, however, that an individual shall not be permitted to obtain credited service under this section for out-of-state professional educational employment for any month during which such individual received a pension under this chapter.

(6) If an individual ceases to be an employee before the individual has acquired 5 years of credited service, the individual’s service credits to the date of termination shall be cancelled but shall be restored if: (i) The cessation of employment is due to absence on account of military service, disability or approved leave, under such rules as the Board may adopt, and the individual again becomes an employee within 4 months after such absence, or (ii) the individual again becomes an employee within 4 months after such cessation of employment, or (iii) the individual subsequently acquires 5 years of credited service, or (iv) the individual has been involuntarily terminated for reason other than cause and is rehired within 2 years of the involuntary termination, or (v) the individual has joined another state pension plan which provides for a unified state service pension, or (vi) the individual is subsequently employed in the rehabilitation aide program of the Division of Vocational Rehabilitation of the Department of Labor, provided that if the individual has withdrawn such contributions the individual repays them with interest at a rate determined by the Board.

(7) Any former or present State Fire Marshal, Deputy State Fire Marshal or any successor or substitute therefor who shall have been a volunteer and uncompensated State Fire Marshal or Deputy State Fire Marshal shall receive full credit for the time served as such volunteer and uncompensated State Fire Marshal or Deputy State Fire Marshal in computing the number of years’ service required to receive pension benefits provided in this chapter.

(8) Any employee may elect to purchase (i) up to 5 years of credited service for full-time active duty in the armed services of the United States, and/or (ii) up to 5 years of credited service for full-time employment performed for another state, a political subdivision of another state or other service with this State for which the employee will not receive pensionable credit in another Delaware state pension plan, a county or municipality of this State, the federal government or an accredited private school or college anywhere in the world, provided that the individual pays into the Fund, on or before the date of issuance of the individual’s first benefit check, a single lump-sum payment equal to the actuarial value of the pension benefits to be derived from such service credits computed on the basis of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation. An individual may not accrue a total of more than 10 years of credited service under this paragraph and under paragraphs (e)(4) and (5) of this section, and any credited service purchased under this paragraph shall not be used to determine eligibility for benefits under this chapter.

(9) Approved medical leave if the employee pays into the Fund prior to the issuance of the employee’s first pension check contributions determined by multiplying the rates in effect at the time of payment for employee contributions and state appropriations times the average of the 36 months of creditable compensation used to calculate the individual’s pension benefit times the months or fractions thereof so credited. Any credited service purchased for medical leave shall not be used to determine eligibility for benefits under this chapter. For an employee who first became employed before July 1, 1976, the maximum amount of employee contributions and state appropriations used in this calculation will be 5% of the final average compensation.

(10) Approved sabbatical leave other than that provided by § 1325 of Title 14 if the employee pays into the Fund, prior to the issuance of the employee’s first pension check, contributions equal to the sum of the employee contributions and state appropriations which would have been made to the Fund during such periods of sabbatical leave, with the amount of such contributions to be determined in accordance with rules and regulations adopted by the Board.

(11) Approved leave, other than approved medical and sabbatical leaves, provided that the employee pays into the Fund, prior to the issuance of the employee’s first pension check, contributions determined by multiplying the rates in effect at the time of payment for employee contributions and state appropriations times the average of the 36 months of creditable compensation used to calculate the individual’s pension benefit times the months or fractions thereof so credited. Any credited service purchased under this paragraph shall not be used to determine eligibility for benefits under this chapter.

(12) Approved leave granted to an employee without pay, for a definite period of time, inclusive of approved extensions, authorized by the head of the employee’s department or agency to assume an elected position in an employee organization as defined in Chapter 40 of Title 14, Chapter 13 of Title 19 and Chapter 16 of Title 19; provided, that within 15 days following the end of each month that such an employee is on such leave, the employee pays contributions equal to the sum of the employee contributions and employer appropriations that would have been made to the Fund based on the salary that would have been paid to the employee had the employee continued to be employed in the capacity in which such employee was employed immediately prior to such leave by an entity described in paragraph (a)(1) of this section during such approved leave of absence.

(13) In determining an employee’s eligibility under this chapter, such an employee shall be considered to have been in covered employment during a period of documented interruption not to exceed 2 months and not otherwise provided for in this chapter. The term “documented interruption” shall be defined in the rules and regulations of the Board of Pension Trustees but shall not include interruptions due to termination of employment. Time so credited under this subsection for eligibility shall not be used for the computation of retirement benefits. This subsection shall apply to employees who retire on or after January 1, 1979.

(14) “Equalized state service” shall mean:

a. Years of service as an “employee” as defined in § 5551(5) of this title, multiplied by 30/30, provided that the individual is not accruing nor collecting benefits under Chapter 55A of this title. It shall not include service for which the employee has received the withdrawal benefit provided by § 5580 of this title, or the refund provided by § 5573(b) of this title, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

b. Years of service as an “employee” as defined in § 8351(5) of Title 11, multiplied by 30/25, provided that the individual is not accruing or collecting benefits under subchapter III of Chapter 83 of Title 11. It shall not include service for which the employee has received the withdrawal benefit provided by § 8374 of Title 11, or the refund provided by § 8364(d) of Title 11, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

c. Years of service as an “employee” as defined in § 8801(5) of Title 11, multiplied by 30/25, provided that the individual is not accruing or collecting benefits under Chapter 88 of Title 11. It shall not include service for which the employee has received the withdrawal benefit provided by § 8824 of Title 11, or the refund provided by § 8814(d) of Title 11, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

d. Years of service as a “member” as defined in § 5600 of this title, provided that the individual is not accruing nor collecting benefits under Chapter 56 of this title. It shall not include service for which the employee has received the withdrawal benefit provided by § 5612(b) of this title, or the refund provided by § 5608(b) of this title, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.

(15) Service with the Delaware Solid Waste Authority as established by Chapter 64 of Title 7.

(16) Service prior to October 1, 1987, with the county Prothonotary offices provided that the individual was employed by that office immediately prior to October 1, 1987, and further provided that the past service cost associated with such service is paid into the Fund, by the respective counties, on a schedule approved by the Board of Pension Trustees.

(17) Service commencing July 1, 1995, with the Office of Disciplinary Counsel, which office is established by rule of the Delaware Supreme Court.

(18) Service with the county Register in Chancery Office, provided that the individual was employed by that office immediately prior to January 1, 2002, and further provided that the past service cost associated with said service is paid into the Fund by the respective counties or individuals on a schedule approved by the Board of Pension Trustees.

(19) Service with the Jobs for Delaware Graduates (JDG) program a teacher or administrator of the program; provided however, that the individual pays into the Fund, on or before the date of issuance of the individual’s first benefit check, a single lump-sum payment equal to the actuarial value of the pension benefits to be derived from such service credit computed on the basis of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation. Any credited service purchased under this paragraph shall not be used to determine eligibility for benefits under this chapter. No individual shall purchase more than 1 year of state-credited service for each year of JDG service, up to a maximum total of 5 years provided further, that each year of state-credited service may not result in pension credit for another Delaware Pension Plan.

(20) Service for accrued sick leave, not in excess of 1 year, provided that the employee on or before the date of issuance of the first benefit check, pays into the fund an amount equal to 5% of the final average compensation for each month credited. Periods of accrued sick leave beyond 90 days or the balance for which the employee received payment may be converted to creditable service; 1 month of credited service will be granted for each 21 days of accrued sick leave beyond 90 days or the balance for which the employee received payment. Educational employees will receive credited service based on the contract establishing the employee’s school year. Any credited service purchased under this paragraph shall not be used to determine eligibility for benefits under this chapter.

(21) Service for the period of time that an employee was collecting disability benefits pursuant to Chapter 52A of this title.

(f) “Employee” shall mean an individual who:

(1) Is employed by:

a. The State, including elected or appointed officials; or

b. The State Department of Education, a school district which is part of the state school system, the University of Delaware, Delaware State University or Delaware Technical and Community College; or

c. A state agency that is supported wholly or in part by funds granted to the State by the federal government;

(2) Is employed on a full-time or annual basis or on a regular part-time basis, as the terms “full-time or annual basis” and “regular part-time basis” are defined in rules and regulations adopted by the Board, except that an individual whose initial appointment to a gubernatorial appointed board, council or commission occurs after June 30, 2013, shall not be considered employed on a regular part-time basis;

(3) Receives compensation wholly or in part directly from the State Treasury or from the Treasury through an agency within the State that is wholly or in part supported by the State;

(4) a. Is not a member of any other state or municipal retirement system which is financed in whole or in part by the State unless the state pension plan provides for a unified state service pension and the member is not concurrently accruing or collecting benefits under that system; and

b. Is not a member of a county pension plan with respect to which the employee is accruing credited service and to which the employee and/or the State is making contributions on account of employment with the State;

(5) A person who meets the requirements of this subsection shall be regarded as an “employee” during the period such person is on an approved leave and, for school personnel who do not work on 12-month basis, during the period between the expiration of such leave and the beginning of the next regular school term.

(g) (1) “Final average compensation” shall mean 1/36 of the compensation paid to an employee during any period of 36 consecutive months or any 36 months comprised of 3 periods of 12 consecutive months in that employee’s years of service credited under paragraphs (e)(1), (2), and (3) of this section in which that employee’s compensation was highest, or the average monthly compensation paid to an employee during the period of that employee’s service credited under paragraphs (e)(1), (2), and (3) of this section if such period is less than 36 months.

(2) The compensation used in calculating “final average compensation” under paragraph (g)(1) of this section includes the dollar amount of the following awards, granted during an employee’s employment:

a. Teachers who receive awards under Chapter 89 of Title 14 for teacher of the year program.

b. Merit System employees who receive awards under the “Delaware Award for Excellence and Commitment in State Service” program.

c. Educational support professionals who receive awards under Chapter 89D of Title 14, the educational support professional of the year program.

(3) Employees that receive a final lagged payment for credited service as defined under § 2712 of this title shall have added to their creditable compensation the amount of lag pay that is received in determining the final average compensation to be used in the computation of their pension.

(h) The clause “for which an individual is eligible under the federal Social Security Act” shall mean the old age insurance benefit or the disability insurance benefit for which an individual is or will be eligible by virtue of age and the individual’s wage credits under the federal Social Security Act [42 U.S.C. § 301 et seq.], based on the individual’s final average compensation and the provisions of the federal Social Security Act [42 U.S.C. § 301 et seq.] in effect when the individual ceased to be an employee under this chapter and computed in accordance with rules and regulations approved by the Board, regardless of any other factors such as, without limitation, whether the employee has made application for social security benefits or is subsequently employed.

(i) “Post-2011 employee” shall mean an employee, as defined in subsection (f) of this section, who is first employed by the State on or after January 1, 2012.

(j) “Prior final average compensation” shall mean 1/36 of the compensation paid to an employee during any period of 36 consecutive months or any 36 months comprised of 3 periods of 12 consecutive months in that employee’s years of service credited under paragraphs (e)(1) through (3) of this section in which that employee’s compensation was highest, or the average monthly compensation paid to an employee during the period of that employee’s service credited under paragraphs (e)(1) through (3) of this section if such period is less than 36 months, except that compensation in excess of $24,000 during any calendar year or the sum of any partial calendar years in such period of 36 months shall be excluded and total compensation for such period of 36 months shall not exceed $72,000; provided however, that for an employee who, prior to the issuance of that employee’s first pension check, pays to the Fund contributions determined in accordance with the rules and regulations approved by the Board equal to the sum of:

(1) The additional employee contributions which would have been made to the Fund if the maximum limit of $24,000 per annum for computing employee contributions had not been applied;

(2) An amount determined by applying the rate of state appropriations to the Fund in effect on December 31, 1976, to that employee’s earnings from January 1, 1966, to December 31, 1976, in excess of $24,000 per annum; and

(3) Interest compounded at the rate of 6% per annum on the sum of paragraphs (j)(1) and (2) of this section from the end of the calendar year accrued to the date paid.

“Prior final average compensation” shall then mean “final average compensation” as defined in subsection (f) of this section.

(k) “Specified peace officer” shall mean:

(1) Probation and parole officers and classifications in the Probation and Parole occupational series up to and including the Probation and Parole Director employed by the Department of Correction;

(2) Capitol police officers;

(3) Department of Natural Resources police officers;

(4) University of Delaware Police;

(5) Delaware State University Police;

(6) State Fire Marshal officers;

(7) Division of Alcohol and Tobacco Enforcement agents and classifications in the Alcohol and Tobacco Enforcement Agents occupational series up to and including the Director of Alcohol and Tobacco Enforcement;

(8) Delaware State Police Drug Diversion Unit agents;

(9) Justice of the Peace Court constables; and

(10) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers employed by the Division of Services for Children, Youth, and their Families.

(l) “911 operator” means a call taker, dispatcher, manager, supervisor, or chief employed by the Delaware State Police or Delaware Capitol Police and responsible for the answering of 911 emergency line calls or dispatching law-enforcement personnel and equipment, including personnel assigned to the Delaware State Police Headquarters Communication Center. Specific job titles included in the definition of “911 operator” are Manager, State Police Telecommunications; Assistant Manager, State Police Telecommunications; Emergency Communications Center Manager; Headquarters Communications Center Manager; Telecommunications Shift Supervisor; Senior Telecommunications Specialist (ERC); and Telecommunications Specialist (PSAP and HQ Communications).

(m) [Repealed.]
29 Del. C. § 7922 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7922
§ Â
        7922. Exemptions.
Status: in_force

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

(1) Secretary of Health and Social Services;

(2) Director of Public Health;

(3) Director of the Division of Substance Abuse and Mental Health;

(4) Director of Social Services;

(5) Chief of Business Administration and General Services;

(6) Chief of Planning, Research and Evaluation;

(7) Director of Developmental Disabilities Services;

(8) Director of Child Support Services;

(9) Director of the Division of Services for Aging and Adults with Physical Disabilities;

(10) Director of State Service Centers;

(11) Director of Long-Term Care Resident Protection; and

(12) Deputy Secretary of the Department of Health and Social Services.
29 Del. C. § 6308A — Delaware Code / Title 29 / Chapter 63A / Section 6308A
§ Â
        6308A. Government Support Services.
Status: in_force

(a) As used in this section:

(1) “Duly authorized volunteer fire department” shall mean a volunteer fire department recognized as such by the State Fire Prevention Commission.

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

(3) “State agency” or “agency” shall not include institutions of higher education unless otherwise expressly provided.

(b) The Government Support Services Section of the Office of Management and Budget is hereby established having powers, duties and functions relating to the distribution of surplus property as follows:

(1) The Government Support Services Section may:

a. Acquire from the United States of America, in conformity with the federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. § 484 et seq.) (see now 40 U.S.C. § 541 et seq.);

b. Warehouse such property;

c. Distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which have been held exempt from taxation under § 501 of the United States Internal Revenue Code of 1954 (26 U.S.C. § 501), to civil defense organizations of the State, duly authorized volunteer fire departments within the State or political subdivisions and instrumentalities thereof, which are established pursuant to state law, and to such other types of institutions or activities as may become eligible under federal law to acquire such property;

d. Receive applications from eligible institutions for the acquisition of federal surplus real property, investigate the same, make recommendations regarding the need of such applicant for the property and otherwise assist in the processing of such applications for acquisition of real and related personal property of the United States under § 203(k) of the federal Property and Administrative Services Act of 1949 (40 U.S.C. § 484) (see now 40 U.S.C. § 541 et seq.);

e. Make such certifications, take such action, make such expenditures and enter into such contracts, agreements and undertakings for and in the name of the State including cooperative agreements with any federal agencies providing for utilization by, and exchange between them of the property, facilities, personnel and services of each by the other, and require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing and distribution of personal property received from the United States of America.

(2) The Government Support Services Section shall:

a. Act as the responsible agency to operate the surplus commodity program in Delaware, in accordance with the regulations and procedures prescribed by the United States Department of Agriculture. The Office of Management and Budget may take such action, make such expenditures and enter into such contracts, agreements and undertakings for the State to provide for the distribution of available commodities to all eligible recipients in the State who make proper application therefor;

b. Act as the sole state agency to receive, warehouse and distribute food commodities issued by the federal government for use in nonprofit school lunch programs, nonprofit summer camps for children, non-penal, nonprofit, tax-exempt private or public institutions, state correctional institutions and assistance to other needy persons in accordance with § 416 of the Agricultural Act of 1949 (7 U.S.C. § 1431), as amended, and other applicable federal laws and regulations; provided however, that the Office of Management and Budget shall have no control over the administration of the school lunch program beyond receiving, warehousing and distributing such food commodities.

(3) a. The State Treasurer shall maintain, in the name of the Office of Management and Budget, Government Support Services, a special revolving account. There shall be deposited in this special account all moneys received as handling charges for the acquisition, warehousing, distribution or transfer of property of the United States of America as authorized under paragraph (b)(1) of this section.

b. All funds collected by the Government Support Services Section shall be accounted for as provided by law for receipts of state agencies. Such funds shall be used to cover the expenses of the program. In accordance with federal regulations no funds in such special account shall revert to the General Fund of the State. Funds generated by Delaware Surplus Services and deemed to be surplus by the Director of the Office of Management and Budget shall be transferred to the Facilities Management Section for maintenance and restoration of state buildings and grounds maintained by the Facilities Management Section.

(c) The Government Support Services Section shall have the powers, duties and functions relating to the central contracting for materiel and services throughout the State as outlined in § 6908 of this title.

(d) The Government Support Services Section shall not contract for, procure or purchase printed matter, forms, bond paper or pads larger than 81/2 inches by 11 inches unless such printed matter, forms, bond paper or pads are perforated or otherwise designed to produce finished printed matter or forms not larger than 81/2 inches by 11 inches.

(e) The Government Support Services Section shall not contract for vertical file cabinets designed to hold completed documents larger than 81/2 inches by 11 inches.

(f) Each agency may use its existing supply of printed matter, forms, bond paper and pads until the supply is exhausted and each agency may use its existing vertical file cabinets for so long as such cabinets remain serviceable.

(g) This section shall not prohibit the purchase or use of printed matter or forms larger than 81/2 inches by 11 inches, if the printed matter or forms are to be used to maintain accounting or bookkeeping records, for preparing architectural or engineering drafts or documents or for preparing maps, graphs, posters, charts or art work, or if the printed matter or forms are authorized by the State Archivist and Records Administrator. This section does not prohibit the purchase or use of fan-fold paper designed for use in computer peripheral devices.

(h) The Government Support Services Section shall provide messenger and mail services to state agencies.

(i) The Government Support Services Section shall provide graphics and printing services, including but not limited to printing, duplicating, photography and photocopying, to all state agencies. If appropriate, the Government Support Services Administrator may award a contract in accordance with Chapter 69 of this title. The acquisition of copiers in state buildings which are managed by the Office of Management and Budget, Facilities Management, shall have the approval of the Director of the Office of Management and Budget.

(j) The Government Support Services Section shall provide transportation services to state agencies, including institutions of higher education, through the Office of Fleet Services.

(k) The Government Support Services Section shall provide information services to the general public through a State Information Guide System.

(l) No agency of state government shall procure, purchase or lease any postage meters or equipment for the metering of mail or the affixing of postage without the prior approval of the Government Support Services Section.

(m) The Office of Fleet Services is hereby established within the Government Support Services Section and shall have the following powers, duties and functions. The Office of Fleet Services shall:

(1) Have the administrative, ministerial, budgetary and clerical functions of Fleet Services;

(2) Establish and operate a statewide fleet management system, as established by § 7105 of this title;

(3) Investigate and resolve all citizens’ complaints relating to abuse or misuse of all agency/school district owned vehicles;

(4) Recommend to the Director of the Office of Management and Budget appropriate funding levels for all agency/school districts for in-state travel requirements;

(5) Be the sole agency to receive the proceeds from the disposal of vehicles and vehicle parts, including all nongeneral funds except those funds that, as a basis for their authorization, require the proceeds of such disposal to be returned to the original source of the funds; and

(6) Establish an appropriated special fund account to sustain the total cost and operation of the Office of Fleet Services and its function, including staff salaries and the statewide fleet management system.

(n) The Government Support Services Administrator shall assume such other powers, duties and functions as the Director of the Office of Management and Budget may assign which are not otherwise inconsistent with the laws of this State.
29 Del. C. § 9202 — Delaware Code / Title 29 / Chapter 92 / Subchapter I / Section 9202
§ Â
        9202. Definitions.
Status: in_force

For the purpose of this chapter:

(1) “Applicant” means any person who must apply to a local jurisdiction for approval to proceed with a project which requires a local jurisdiction to take a land use planning action.

(2) “Comprehensive development plan” means a municipal or county comprehensive land use plan, master plan or comprehensive plan as provided in Titles 9, 22 or this title.

(3) “Economic development project” means a development project creating full-time jobs, that is consistent with an adopted local government comprehensive plan and local land development and zoning ordinances, and the economic development project is located at least partially in Investment Levels 1 or 2 as set forth under the Strategies for State Policies and Spending, promulgated under § 9101 of this title.

(4) “Final decision” means any legislative, administrative or quasi-judicial action that establishes the final determination of a local jurisdiction concerning any land use planning action.

(5) “Local jurisdiction” means the County of New Castle, the County of Kent, the County of Sussex, municipalities within the State or any other political subdivision of the State, or any instrumentality of any political subdivision of the State.

(6) “Local land use planning action” means any action involving:

a. The adoption or amendment of a Comprehensive Development Plan;

b. The zoning or re-zoning of land;

c. The subdivision or partioning of 1 parcel of land into 2 or more parcels of land or the combining of 2 or more parcels of land into 1 or more new parcels of land if required by local subdivision review ordinances; or

d. The review or approval of 1 or more parcels of land for development if required by local site plan review ordinances.

(7) “Person” means any individual, partnership, firm, association, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, local jurisdiction, any interstate body or any other legal entity.

(8) “Rezoning” means any modification of zoning classification of property based upon local zoning codes adopted as provided in Title 9 or 22.

(9) “Site plan” means a plan, to scale, showing uses, structures and any other improvements for a parcel as required by a local jurisdiction’s land use regulations.

(10) “Subdivision” means the division of land into 2 or more lots.
29 Del. C. § 7965 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7965
§ Â
        7965. Enlistment of services to assist residents.
Status: in_force

The sponsor or resident manager of a congregate housing facility shall be responsible for making every effort to enlist the services of social agencies, public or private, to assist residents to move back into the mainstream of society, including, but not limited to, Alcoholics Anonymous, substance abuse counseling, employment counseling, and skills training.
29 Del. C. § 7413 — Delaware Code / Title 29 / Chapter 74 / Section 7413
§ Â
        7413. Replacement of lost, stolen, mutilated or destroyed obligations.
Status: in_force

(a) The State Treasurer may issue a replacement bond, with coupons pertaining thereto, a replacement note or a replacement revenue note, to replace unmatured bonds and coupons, notes or revenue notes, respectively, which have been lost, stolen, mutilated or destroyed upon receipt of:

(1) Satisfactory proof: (i) of ownership and (ii) of loss or destruction, or, in the case of a mutilated or destroyed bond, coupon, note or revenue note, the mutilated or destroyed bond, coupon, note or revenue note;

(2) Adequate security to indemnify the State and the bank or banks at which the bond, coupon, note or revenue note is payable against any loss that may be suffered by them on account of the issuance of such replaced obligation; and

(3) Payment of the cost of preparation of the replacement obligation.

(b) Any replacement bond, coupon, note or revenue note shall be of the same form and tenor as those originally issued, shall be executed by the manual or facsimile signature of the officers in office at the time of the replacement and shall bear an impression or reproduction of the Great Seal of the State or a facsimile thereof. A facsimile of the State Treasurer’s signature may appear on coupons but on a bond, note or revenue note the signature of the State Treasurer shall be in the State Treasurer’s own proper handwriting. There shall be endorsed on the bond, note or revenue note a statement in substantially the following form:

“This bond (note or revenue note) has been reissued to replace a (lost, stolen, mutilated or destroyed) (bond, note or revenue note).”
29 Del. C. § 9001C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9001C
§ Â
        9001C. Intent and purpose.
Status: in_force

The General Assembly finds and declares that the way it manages information technology will play a strong role in determining the future success of the State. Information technology resources in state government are valuable strategic assets belonging to the citizens of Delaware and must be managed accordingly. The development and implementation of a single, common, statewide technology direction is fundamental to every aspect of state government including strengthening economic development, expanding education opportunities and providing the most efficient delivery of services to the citizens of Delaware. The General Assembly further finds and declares there is a critical role of information and information systems in the provision of life, health, safety, and other crucial services to the citizens of the State of Delaware and there is a need to mitigate the risk posed to these services due to ever-evolving cybersecurity threats.
29 Del. C. § 801 — Delaware Code / Title 29 / Chapter 8 / Subchapter I / Section 801
§ Â
        801. Composition of the House of Representatives.
Status: in_force

The House of Representatives shall be composed of 41 members who shall be chosen to hold office for 2 years. The State shall be divided into 41 representative districts, from each of which shall be chosen, by the qualified electors thereof, 1 Representative.
29 Del. C. § 1501 — Delaware Code / Title 29 / Chapter 15 / Section 1501
§ Â
        1501. Continuation; composition; qualifications of members.
Status: in_force

(a) The Commission on Modernization of State Laws referred to in this chapter as the “Commission” is continued and renamed the Commission on Uniform State Laws.

(b) The Commission shall consist of 5 persons. Four Commissioners shall be appointed by the Governor, and shall serve at the Governor’s pleasure. No more than 2 appointed Commissioners shall reside in any county, and there shall be at least 1 Commissioner from each county. All Commissioners shall hold office until their successors are appointed.

(c) The Director of the Division of Legislative Services shall also be a Commissioner. If the Director is not eligible to be a Commissioner, or declines to serve, the Director may designate an employee of the Division of Legislative Services, who is qualified to be a Commissioner, to serve as a Commissioner.

(d) Any person who is elected to be a life member of the National Conference of Commissioners on Uniform State Laws shall also be a Commissioner. The Commissioner serving pursuant to this subsection shall not be counted as one of the Commissioners appointed pursuant to subsection (b) of this section.

(e) Each of the Commissioners shall be a member of the Bar of this State in good standing.
29 Del. C. § 8506 — Delaware Code / Title 29 / Chapter 85 / Section 8506
§ Â
        8506. Division of Employment Services.
Status: repealed

The Division of Employment Services is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting employment services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 (except for § 3155 [repealed] of Title 19 which shall be vested in the Department of Finance and the Department of Administrative Services as provided by law) and 33 of Title 19.
29 Del. C. § 5545 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5545
§ Â
        5545. Full actuarial funding.
Status: in_force

No laws establishing special pensions, whether they be service pensions, disability pensions, survivor’s pensions or otherwise, shall be enacted by the General Assembly unless, at the time of enactment, an appropriation is passed that provides full actuarial funding for such special pensions.
29 Del. C. § 8236 — Delaware Code / Title 29 / Chapter 82 / Section 8236
§ Â
        8236. Division of Gaming Enforcement.
Status: in_force

(a) There is hereby established, within the Department of Safety and Homeland Security, a Division of Gaming Enforcement with duties, powers and responsibilities as defined. It shall be the responsibility of all police jurisdictions and video lottery agents to report any and all suspicious or criminal activity involving gaming to the Division of Gaming Enforcement.

(b) The Division of Gaming Enforcement shall be under the immediate supervision of a civilian Director who shall staff and administer the work of the Division under the direction and supervision of the Secretary of the Department of Safety and Homeland Security. The Division of Gaming Enforcement shall contain an Assistant Director, whom at all times must be an officer of the Delaware State Police, and other sworn State Police personnel, as well as other resources to necessary to fulfill the obligations under this chapter.

(c) The Division of Gaming Enforcement shall:

(1) Exercise exclusive jurisdiction for the investigation of criminal offenses related to gaming that may occur at any video lottery facility licensed by the State Lottery Office or which occur elsewhere that relate to the operation of the Lottery;

(2) Investigate the background, qualifications and suitability of each applicant before any license is issued by the Director of the State Lottery Office pursuant to Chapter 48 of this title;

(3) Provide assistance upon request by the State Lottery Office in the consideration, promulgation and application of its rules and regulations;

(4) Exchange fingerprint data with, and receive criminal history information from, the Federal Bureau of Investigation for use in considering applicants for any license or registration issued by the State Lottery Office;

(5) Request and receive information, materials and any other data from any licensee or registrant, or applicant for a license or registration;

(6) Notify the State Lottery Office of any information which may affect the continued qualifications or suitability of any licensee or registrant;

(7) Seek to exclude from all licensed video lottery facilities persons whose presence would be inimical to the interest of the State or of lottery operations therein; and

(8) Perform other duties necessary and consistent with Chapter 48 of this title to maintain public confidence and trust in the credibility and integrity of lottery operations, agents and employees.
29 Del. C. § 805 — Delaware Code / Title 29 / Chapter 8 / Subchapter I / Section 805
§ Â
        805. Redistricting after federal decennial census.
Status: in_force

The apportionment provided for by this chapter shall continue in effect until the official reporting by the President of the United States of the next federal decennial census. Within 120 calendar days following the receipt, by the entity designated by the Governor, of the federal decennial census data for redistricting pursuant to Public Law 94-171, the General Assembly shall reapportion and redistrict the State, wherever necessary, for the general election of 2032 and thereafter in such a manner that the several representative and senatorial districts shall comply, insofar as possible, with the criteria set forth in § 804(1)-(4) of this title. Such apportionment shall thence continue in effect until the next succeeding federal decennial census.
29 Del. C. § 4301 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4301
§ Â
        4301. Commission as a notary public; qualifications; oath; denial of, refusal to renew, revocation of, suspension of, or condition on commission; no immunity or benefit.
Status: in_force

(a) In addition to an individual authorized to be appointed under §§ 4303 through 4306 of this title, an individual qualified under subsection (b) of this section may apply to the Governor for a commission as a notary public. The individual applying for the commission shall comply with and provide the information required by regulations adopted by the Governor and pay the fee required under § 4307(a) of this title. The Governor may delegate the Governor’s duties under this chapter to the Secretary of State.

(b) An individual applying for a commission as a notary public must meet all of the following:

(1) Be at least 18 years of age.

(2) Be a citizen or permanent legal resident of the United States.

(3) Be a resident of or have a place of employment or practice in this State.

(4) Be able to read and write English.

(5) Not be disqualified to receive a commission under § 4334 of this title.

(6) Comply with other requirements established by the Secretary of State by regulation as necessary to ensure the competence, integrity, and qualifications of a notary public and the proper performance of notarial acts.

(c) (1) A nonresident individual who seeks a commission as a notary public shall include in the individual’s application a residential address and the address of the individual’s place of employment or practice in this State.

(2) Service of process, subpoenas, and other documents on a nonresident individual who is a notary public may be made personally or by leaving them with any person of suitable age and discretion at the individual’s place of employment or practice in this State. Substituted service is effectual if served on the Secretary of State, under § 376(b) of Title 8 if the place of employment or practice has been closed or the individual ceases to be regularly employed or regularly practice at the filed place of employment or practice address. The Secretary of State shall forward documents received under this paragraph (c)(2) to the individual at the filed residential address.

(3) An individual appointed under this section shall notify the Secretary of State of a change of address within 30 days of the change. An address required under this subsection must include a street address.

(d) (1) Before issuance of a commission as a notary public, an individual applying for a commission shall execute an oath of office and submit it to the Secretary of State as required under § 4308 of this title.

(2) On compliance with this section, the Governor shall issue a commission as a notary public to an individual for the term under § 4307(a) of this title.

(3) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees.

(4) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for cause, including under § 4334 of this title.

(e) The Secretary of State may promulgate regulations or establish additional standards and guidelines governing applications, registrations, appointments, and the conduct of notaries public.
29 Del. C. § 1121 — Delaware Code / Title 29 / Chapter 11 / Subchapter II / Section 1121
§ Â
        1121. Sale.
Status: in_force

The Director of the Division of Legislative Services, or the Director’s designee, shall make available for sale all inventories of Session Laws and legislative journals in the State for such sum not less than the cost for preparation. All sums received from the sale of books shall become a part of the General Fund of this State. Sale of the Delaware Code and the Delaware Code pocket parts shall be in accordance with § 108 of Title 1.
29 Del. C. § 8228 — Delaware Code / Title 29 / Chapter 82 / Section 8228
§ Â
        8228. Jurisdiction; penalties.
Status: in_force

(a) (1) Any person who, as operator of a vehicle, shall knowingly or wilfully violate any provision of this Act, the Code of Federal Regulations adopted under this Act and/or any regulations of the Commission pertaining to routing, parking or other act in the actual operation of a vehicle, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than $25 nor more than $100, or imprisonment for not more than 30 days, or both. Any such person committing a second or subsequent offense and the conviction thereof shall be sentenced to pay a fine of not less than $100 nor more than $500, or imprisonment for not less than 60 days nor more than 1 year, or both.

(2) A person arrested without a warrant for a violation of this Act or any regulation thereunder shall have the person’s case heard and determined by the nearest available justice of the peace, notwithstanding the fact that the court of said justice of the peace is situated in a county other than that in which the violation is alleged to have occurred. It shall be a sufficient defense for such person to show by 1 competent witness that there was at the time of the person’s arrest an available justice of the peace whose regular office was nearer to the place where such person was arrested than the justice of the peace before whom the case is being tried.

(b) For the purpose of this section, a justice of the peace is available when the justice of the peace is at the office or court.

(c) Any person who, as shipper, carrier, consignee or user of a hazardous material, shall knowingly or wilfully violate any provision of this Act, the Code of Federal Regulations adopted thereunder or any regulation of the Commission, shall be guilty of a misdemeanor, and, upon conviction thereof in the Court of Common Pleas of the county wherein the offense occurred, shall be sentenced to pay a fine of not less than $100 nor more than $500, or imprisonment for not more than 60 days, or both. Any such person committing a second or subsequent offense and the conviction thereof shall be sentenced to pay a fine of not less than $500 nor more than $5,000 or imprisonment for not less than 60 days nor more than 1 year, or both. If such person be a firm, partnership, joint venture or association, or if such person be a corporation, the officer, agent or employee thereof responsible for the violation shall have the sentence, herein prescribed, imposed upon the officer, agent or employee.
29 Del. C. § 5301 — Delaware Code / Title 29 / Chapter 53 / Subchapter I / Section 5301
§ Â
        5301. Early retirement option.
Status: in_force

(a) This chapter provides a 1-time early retirement option to state employees covered under Chapter 55 of this title who were employees as defined in Chapter 55 of this title between December 1, 1990, and February 1, 1991.

(b) Elected officials shall not be eligible for this early retirement option for the pension they are entitled to receive under §  5527(d) of this title.

(c) Except as provided hereinafter, employees who meet the eligibility requirements as contained in §§ 5306 and 5307 of this title must make their election to retire under this option on the following schedule:

(1) Eligible employees of the State Department of Education, a school district which is part of the state school system, the University of Delaware, Delaware State University or Delaware Technical and Community College must make their elections between March 15, 1991 and April 19, 1991.

(2) All other eligible employees must make their elections between February 1, 1991 and March 15, 1991; however, all members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who have been called to active duty must make their elections within 45 days of the date they are no longer on active duty.

(3) These elections must be made in a form approved by the Board of Pension Trustees and shall be irrevocable.

(4) If it is determined by the State Pension Administrator that an employee is or was unable to make this election in a timely manner due to circumstances beyond the employee’s control, the Administrator may extend the time period for making the election beyond the periods specified in this subsection.

(5) In the event an eligible employee, prior to February 15, 1991, requests a computation of such employee’s prospective pension benefit by the State Pension Administrator, the election required in paragraphs (d)(1) and (d)(2) of this section need not be made until 10 days after the State Pension Administrator has provided the employee, in writing, the amount of the pension benefit said employee will be entitled to receive.

(d) Employees who elect the early retirement option must terminate their employment on the following schedule:

(1) Except as provided hereinafter, employees who elect the option under paragraph (c)(1) of this section must terminate their employment on June 30, 1991 and their pensions will be effective July 1, 1991. Payment for unused sick and vacation pay for these employees will not be disbursed until after June 30, 1991.

(2) Except as provided hereinafter, employees who elect the option under paragraph (c)(2) of this section must terminate their employment on May 31, 1991 and their pensions will be effective June 1, 1991. Payment for unused sick and vacation pay for these employees will not be disbursed until after June 30, 1991.

(3) Employees of the State Pension Office who meet the eligibility requirements under §§ 5306 and 5307 of this title and who elect the early retirement option will be eligible to retire under the option not earlier than December 31, 1991 nor later than December 31, 1992 unless an earlier date is approved by the State Pension Administrator.

(4) Employees who elect the early retirement option and who are deemed to be essential to the normal operation of state government shall have their termination date extended up to 12 months provided such extension is approved unanimously in writing, by a committee, herein referred to as the “Early Retirement Option Delayed Retirement Committee,” comprised of the Director of State Personnel, the Director of the Office of Management and Budget and the Controller General.

(e) Employees who elect the early retirement option under this chapter shall be considered to have also been eligible, for purposes of computing their pensions under § 5527 of this title, to receive a service or disability pension under the provisions of Chapter 55 of this title which were in effect immediately prior to the effective date of the 1976 Pension Act.

(f) No employee whose pension under Chapter 55 of this title is effective prior to January 1, 1991, shall be eligible for the early retirement option contained in this chapter.

(g) Notwithstanding provisions of this chapter to the contrary, employees who retire under the early retirement option contained in this chapter may contract with the State for personal services, as an independent contractor, for a period not to exceed 12 months provided such contractual arrangement is approved unanimously, in writing, by the “Early Retirement Option Delayed Retirement Committee” established by this chapter.

(h) The Director of State Personnel shall submit to the Controller General, Director of the Office of Management and Budget and the Secretary of Finance by December 1, 1991, a report containing the specific disposition of each former employee electing retirement under the provisions of this chapter and the disposition of each position so vacated.

The content of said report shall be comprised of the state employment status of each individual electing retirement under the provisions of this chapter, the position number of the position so vacated, the disposition of the position (deleted, transferred, reclassified, etc.), the actual budgetary savings associated with the vacated position, the original funding source for the vacated position and the actual budgetary savings net of the full retirement cost associated with the retired individual. The accounting period for the preceding actual statistics will be the prior fiscal year.

Further, the report shall, for each affected position for the current fiscal year, estimate the budgetary savings net of the full retirement cost regardless of funding source.
29 Del. C. § 5608 — Delaware Code / Title 29 / Chapter 56 / Section 5608
§ Â
        5608. Death benefit; withdrawal benefit.
Status: in_force

(a) Upon the death of a member, 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 member, a lump sum equal to the excess, if any, of the accumulated member contributions over the aggregate of all pension payments made. Such contributions shall exclude interest for members covered by the closed plan, and include interest for members covered by the revised plan.

(b) Upon the withdrawal from service of a member who is not eligible for a service or disability pension, his or her accumulated contributions without interest if covered by the closed plan, or with interest if covered by the revised plan, shall be paid to him or her.
29 Del. C. § 5544 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5544
§ Â
        5544. Actuarial valuations and appropriations.
Status: in_force

(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine the normal cost required to meet the actuarial cost of current service and the unfunded actuarial accrued liability.

(b) The State’s appropriation to the funds for Fiscal Year 2008, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal the sum of the normal cost plus the payment required to implement the provisions of subsection (c) of this section plus the payment required to amortize the unfunded actuarial accrued liability using an open amortization period of 20 years. For plan amendments effective after Fiscal Year 2007 the unfunded actuarial accrued liability for such amendments shall be amortized over an open amortization period of 20 years. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll over the remainder of the amortization period, with such prospective total covered payroll to be determined on the basis of a growth rate, as determined by the Board, compounded annually. Except as provided in subsection (c) of this section, all funds appropriated pursuant to this subsection shall be deposited into the fund established by § 5541 of this title.

(c) (1) In order to provide a fund for post-retirement increases, the State shall include in its annual appropriation payments equal to 2.33% of covered payroll, subject to the limitations under § 5548(a)(2) of this title. Beginning with the Fiscal Year 1994 budget, 0.70% of covered payroll shall be appropriated; in Fiscal Year 1995, 1.11% of covered payroll shall be appropriated; in Fiscal Year 1996, 1.52% of covered payroll shall be appropriated; in Fiscal Year 1997, 1.93% of covered payroll shall be appropriated; in Fiscal Year 1998 and each fiscal year thereafter 2.33% of covered payroll shall be appropriated. Funds appropriated to implement this subsection shall be deposited into the Post Retirement Fund established under § 5548 of this title.

(2) In order to provide for retiree health insurance under Chapter 52 of this title, the State shall include all of the following in its annual appropriations:

a. The sum of the anticipated cost of the State’s retiree health insurance under Chapter 52 of this title for that year.

b. At least 1% of the grand total of all General Fund operating budget appropriations for the prior fiscal year to the OPEB Fund established under § 5281 of this title.

c. Prefunding to the OPEB Fund as follows:

1. In Fiscal Year 2026, in an amount equal to 0.50% of the rate of covered payroll of the Fiscal Year 2026 operating budget.

2. Beginning in Fiscal Year 2027, in an amount equal to an additional 0.25% of covered payroll from the rate of covered payroll the prior fiscal year.

(3) The total appropriated under paragraph (c)(2) of this section must not exceed the annual required contribution determined by the Board of Pension Trustees under § 5283 of Title 29.

(4) a. The appropriations under paragraphs (c)(2)a. and (c)(2)c. of this section must be in the annual operating Budget Appropriation Bill under § 6533 of this title.

b. An appropriation under paragraph (c)(2)b. of this section may be in the annual operating Budget Appropriation Bill or a Supplementary Appropriation Bill under § 6339 of this title.

(d) (1) The State’s obligation to the State Employees’ Pension Trust Fund, the State Judiciary Retirement Fund and the State Police Retirement Fund to implement the provisions of § 5532(a) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from January 1, 1994.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(a) of this title in Fiscal Year 1994, shall be the lump sum actuarial liability of the benefits granted.

(e) (1) The State’s obligation to the State Employees’ Pension Trust Fund, the State Judiciary Retirement Fund and the State Police Retirement Fund to implement the provisions of § 5532(b) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from April 1, 1995.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provision of § 5532(b) of this title in Fiscal Year 1995, shall be the lump sum actuarial liability of the benefits granted.

(f) (1) The State’s obligation to the State Employees’ Pension Trust Fund, the State Judiciary Retirement Fund and the State Police Retirement Fund to implement the provisions of § 5532(c) and (d) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 1996.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(c) of this title in Fiscal Year 1997 shall be the lump sum actuarial liability of the benefits granted.

(g) (1) The State’s obligation to the State Employees’ Pension Trust Fund, the State Judiciary Retirement Fund and the State Police Retirement Fund to implement the provisions of § 5532(e) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 1997.

(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement the provisions of § 5532(c) of this title in Fiscal Year 1998 shall be the lump sum actuarial liability of the benefits granted.

(h) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement § 5532(f) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 1998.

(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement § 5532(f) of this title in Fiscal Year 1999 shall be the lump sum actuarial liability of the benefits granted.

(i) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(g) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 1999.

(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement the provisions of § 5532(g) of this title in Fiscal Year 2000 shall be the lump sum actuarial liability of the benefits granted.

(j) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund and the New State Police Retirement Fund to implement the provisions of § 5532(h) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 2000.

(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement the provisions of § 5532(g) of this title in Fiscal Year 2001 shall be the lump sum actuarial liability of the benefits granted.

(k) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund and the New State Police Retirement Fund to implement the provisions of § 5532(i)(1) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 2001, pursuant to § 5548 of this title.

(2) The State’s obligation to the State Employees’ Pension Plan to implement the provisions of § 5532(i)(2) of this title shall be treated as an actuarial loss during the next actuarial valuation process.

(3) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(i) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(l) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(j) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from September 1, 2003, pursuant to § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(j) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(m) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(k) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 2004, pursuant to § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement the provisions of § 5532(k) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(n) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(l) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 2005, pursuant to § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(l) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(o) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(m) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 2006, pursuant to § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(m) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(p) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(n) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from January 1, 2012, pursuant to § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement the provisions of § 5532(n) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(q) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(o) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 2012, pursuant to § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(o) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(r) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(p) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from January 1, 2015, pursuant to 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(p) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(s) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(q) of this title shall be the payment required to amortize the unfunded accrued liability over 5 years from July 1, 2021, pursuant to § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(q) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(t) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(r) of this title shall be funded through the appropriation contained in the Fiscal Year 2023 One-Time Supplemental Appropriations Act for “Post Retirement Increase Supplement - FY 23”.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(r) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

(u) (1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of § 5532(s) of this title shall be funded through the appropriation contained in the Fiscal Year 2025 One-Time Supplemental Appropriations Act for “Post Retirement Increase Supplement - FY 25” and through the Post Retirement Fund established in § 5548 of this title.

(2) The State’s obligation to the Special Pension Fund authorized by 61 Del. Laws, c. 455, to implement the provisions of § 5532(s) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.