29 Del. C. § 5203A — Delaware Code / Title 29 / Chapter 52 / Section 5203A
§ Â
        5203A. Insurance coverage for contraceptive methods.
Status: in_force

(a) The plan shall provide coverage for contraceptive methods that includes all of the following:

(1) All FDA-approved contraceptive drugs, devices, and other products as follows:

a. If the FDA has approved 1 or more therapeutic equivalents of a contraceptive drug, device, or product, the plan is not required to include all such therapeutically equivalent versions in its formulary as long as at least 1 is included and covered without cost-sharing and in accordance with this section.

b. If there is a therapeutic equivalent of a drug, device, or other product for an FDA-approved contraceptive method, the plan may provide coverage for more than 1 drug, device, or other product and may impose cost-sharing requirements as long as at least 1 drug, device, or other product for that method is available without cost-sharing. If, however, an individual’s attending provider recommends a particular FDA-approved contraceptive based on a medical determination with respect to that individual, regardless of whether the contraceptive has a therapeutic equivalent, the plan shall provide coverage for the prescribed contraceptive drug, device, or product without cost-sharing.

c. The plan is not required to provide coverage for male condoms.

(2) FDA-approved emergency contraception available over-the-counter, whether with a prescription or dispensed consistent with the requirements of Chapter 25 of Title 24.

(3) A prescription for contraceptives intended to last for no more than a 12-month period which may be dispensed all at once or over the course of the 12-month period, regardless of whether the covered individual was enrolled in the plan or policy under this chapter at the time the prescription contraceptive was first dispensed.

(4) Voluntary female sterilization procedures.

(5) Patient education and counseling on contraception.

(6) Follow-up services related to the drugs, devices, products, and procedures covered under this subsection, including management of side effects, counseling for continued adherence, and device insertion and removal.

(7) Immediate postpartum insertion of long-acting reversible contraception.

(b) (1) Coverage provided under this section is not subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement, except under paragraph (a)(1) of this section or as otherwise required under federal law. Coverage offered under this section may not impose unreasonable restrictions or delays in the coverage, except that reasonable medical management techniques may be applied to coverage within a method category, as defined by the FDA, but not across types of methods.

(2) Coverage provided to a regular officer or employee or eligible pensioner under this section shall be the same for the covered individual’s covered spouse and covered dependents.

(c) This section does not preclude coverage for contraceptive drugs, devices, products, and procedures as prescribed by a provider for reasons other than contraceptive purposes, including decreasing the risk of ovarian cancer, eliminating symptoms of menopause, or providing contraception that is necessary to preserve the life or health of the covered individual.

(d) The plan is not required under this section to cover experimental or investigational treatments.
29 Del. C. § 9017D — Delaware Code / Title 29 / Chapter 90D / Section 9017D
§ Â
        9017D. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. § 8414 — Delaware Code / Title 29 / Chapter 84 / Section 8414
§ Â
        8414. Employees; definitions and references in other laws.
Status: in_force

(a) All employees of any commission, board, department, council or agency, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

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

(c) All definitions and references to any director, commissioner, executive secretary, commission, board or council member, or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with a function transferred by this chapter to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. § 9004B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9004B
§ Â
        9004B. Record books and supplies.
Status: in_force

The State shall provide for the state row offices, the necessary record books, cases, seals and supplies for the use of the offices, for the preservation and security of the public records, the convenience of business and for public accommodation.
29 Del. C. § 8413 — Delaware Code / Title 29 / Chapter 84 / Section 8413
§ Â
        8413. Appeals.
Status: in_force

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any divisions or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred by this chapter and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 8317 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8317
§ Â
        8317. Notification of proposed bond issuance.
Status: in_force

Each political subdivision of the State shall file with the Secretary of Finance a notice of intent to issue its general obligations or revenue-supported debt at least 14 days prior to the anticipated sale date of any such obligations. The notice shall describe briefly the proposed principal amount of obligations to be sold, the proposed sale date and the purpose of the issue, and shall be signed by the chief fiscal officer of the political subdivision submitting the notice. Failure to submit such notice or any change in the details of the issue from those set forth in such notice shall not invalidate the issuance of any such obligations.
29 Del. C. § 2203 — Delaware Code / Title 29 / Chapter 22 / Section 2203
§ Â
        2203. Facilities to be furnished to Governor-elect.
Status: in_force

The Director of the Office of Management and Budget, in cooperation with the Governor shall, upon request of the Governor-elect, furnish the following services and facilities to the Governor-elect from moneys set aside in the Governor-elect Transitional Fund:

(1) Suitable office space, furniture, fixtures and equipment;

(2) Payment of salaries and expenses of staff personnel designated by the Governor-elect;

(3) Payment of travel expenses for the Governor-elect and staff personnel;

(4) Payment of incidental office expenses, including postage, communications and supplies.
29 Del. C. § 9502 — Delaware Code / Title 29 / Chapter 95 / Section 9502
§ Â
        9502. Expenses incidental to transfer of title.
Status: in_force

The agency acquiring real property for such use shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the agency deems fair and reasonable, for expenses necessarily incurred for:

(1) Recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State;

(2) Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering such real property; and

(3) The prorata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the State or the effective date of possession of such real property by the State, whichever is the earlier.
29 Del. C. § 5522 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5522
§ Â
        5522. Eligibility for service pension.
Status: in_force

(a) An employee shall become eligible to receive a service pension, beginning with the month after the employee has terminated employment, if:

(1) The employee has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 62;

(2) The employee has 15 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 60;

(3) The employee has 30 years of credited service;

(4) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age;

(5) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age, and is a Department of Correction employee or a specified peace officer. The employee must have 20 years of credited service as a correction officer or specified peace officer; or

(6) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5), and (12) of this title, regardless of age, and is a 911 operator. The employee must have 25 years of credit service as a 911 operator.

(b) A former employee with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter beginning with the first month after the former employee’s attainment of:

(1) Age 60 if credited service is equal to or greater than 20 years and includes service prior to July 1, 1976; or

(2) Age 62 if credited service is equal to or greater than 5 years.

(c) An employee shall become eligible to receive a reduced service pension, beginning with the month after the employee has terminated employment, if the employee has 15 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 55; the amount of the service pension payable to such an employee shall be reduced by 2/10 percent of each month the employee is under age 60.

(d) The amount of the service pension payable to an employee who becomes eligible to receive a service pension pursuant to paragraph (a)(4) of this section shall be reduced by 2/10 percent for each month of credited service the employee has less than 30 years.

(e) A post-2011 employee shall become eligible to receive a service pension, beginning with the month after the employee has terminated employment, if:

(1) The employee has 10 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 65;

(2) The employee has 20 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 60; or

(3) The employee has 30 years of credited service.

(f) A post-2011 employee shall become eligible to receive a reduced service pension, beginning with the month after the employee has terminated employment, if:

(1) The employee has 15 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 55; the amount of the service pension payable to such an employee shall be reduced by 4/10 percent of each month the employee is under age 60; or

(2) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, regardless of age; the amount of the service pension payable to such an employee shall be reduced by 4/10 percent of each month the employee has less than 30 years.

(g) A former post-2011 employee with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter beginning with the first month after the former post-2011 employee’s attainment of age 65 if credited service is equal to or greater than 10 years.
29 Del. C. § 4102 — Delaware Code / Title 29 / Chapter 41 / Section 4102
§ Â
        4102. Consortiumâs duties [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, Â 2].
Status: in_force

The Consortium shall do all of the following:

(1) Consider and work to implement the recommendations contained in the final report of the African American Task Force, which was created by 82 Del. Laws, c. 243, § 39.

(2) Provide advice and support to state agencies regarding the state agencies’ role in identifying and eliminating disparities and inequities experienced by persons of color in this State.

(3) Facilitate collaborative partnerships between government agencies, nonprofit agencies, private sector agencies, and all other interested parties and organizations to eliminate racial inequities and disparities in this State.

(4) Recommend legislation and regulations to address inequities and disparities experienced by persons of color in this State.
29 Del. C. § 705 — Delaware Code / Title 29 / Chapter 7 / Section 705
§ Â
        705. Power of subpoena; administration of oaths or affirmations; penalties for noncompliance.
Status: in_force

(a) Whenever it is necessary in connection with any of the powers and duties of the General Assembly of the State, the Senate or the House of Representatives may, by issuing subpoenas and any other necessary legal process, do the following:

(1) Require the attendance of any resident of this State.

(2) Require a resident of this State to produce any records or papers in the resident’s possession located within this State.

(b) An individual who is a member of the General Assembly may administer oaths or affirmations to witnesses in connection with any hearing or investigation conducted by the House of which the individual is a member or a committee of which the individual is a member.

(c) Whoever does any of the following is to be fined not more than $1,000, or imprisoned not more than 12 months, or both:

(1) Having been summoned as a witness under subsection (a) of this section, wilfully makes default.

(2) Having appeared, refuses to answer a question pertinent to the question under inquiry.

(3) Having possession of records required in a subpoena, fails to produce the records as required under subsection (a) of this section.

(d) Nothing in this section is to be construed as a waiver by the General Assembly of the General Assembly’s inherent right to issue subpoenas and to punish for contempt of the General Assembly without the intervention of a court.
29 Del. C. § 2522 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2522
§ Â
        2522. Proceedings; judicial remedies.
Status: in_force

(a) The Attorney General and the Director shall have standing to seek, on behalf of the State, any remedy in this chapter whenever it appears that a person has violated or is about to violate any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, §§ 841, 914, 915, and 915A of Title 11, or any other law or regulation that the Division of Consumer Protection is authorized to enforce. The Attorney General or the Director may initiate an investigation, administrative proceeding, or court proceeding to enjoin or sanction the unlawful conduct.

(b) If, in any court proceeding brought under subsection (a) of this section above, any person is found to have committed a wilful violation, the court shall order the violator to pay to the State a civil penalty of not more than $10,000 for each violation.

(c) If, in any court proceeding brought under subsection (a) of this section, any person is found to have committed a violation, the court may order the violator to cease and desist the unlawful conduct prospectively, return any moneys obtained unlawfully, and when appropriate freeze designated assets of the violator, order restitution, rescission, or recoupment, or grant other relief appropriate to prevent violators from being unjustly enriched.

(d) In any action brought by the Director under the provisions of this chapter in which any person is found to have violated any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, §§ 841, 914, 915, and 915A of Title 11, or any other law or regulation that the Division of Consumer Protection is authorized to enforce, the Court may award attorneys’ fees and investigative costs to the State.
29 Del. C. § 6603 — Delaware Code / Title 29 / Chapter 66 / Section 6603
§ Â
        6603. Limitation on expenditures.
Status: in_force

(a) In no case shall the Division pay, for the services received, more than was expended, exclusive of state and federal aid, by the political subdivision or organization operating the library.

(b) If in any year the state appropriations to the Division for services under this chapter are not sufficient to meet the cost of approved contracts for services or state appropriations exceed the formula designated in § 6602(b) of this title, the Division shall prorate the available funds in such manner so that each public library or public library system shall receive its proportionate share.

(c) In the event that no moneys are appropriated for the purpose of this chapter in any year, no public library or public library system shall have any claim to any other moneys appropriated to the Division.
29 Del. C. § 10404B — Delaware Code / Title 29 / Chapter 104 / Section 10404B
§ Â
        10404B. Regulatory flexibility analyses [For application of this section, see 80 Del. Laws, c. 113, Ââ8].
Status: in_force

(a) Any agency that proposes to adopt or amend any regulation under the Administrative Procedures Act, § 10101 et seq. of this title, that is substantially likely to impose additional costs or burdens upon individuals and/or small businesses shall submit a regulatory flexibility analysis to be published by the Registrar of Regulations as part of the notice requirements set forth in § 10115 of this title. In connection herewith, agencies shall consider, where applicable, lawful, feasible and desirable, the following methods of reducing the additional costs and burdens of proposed regulations on individuals and small businesses:

(1) The establishment of less stringent compliance or reporting requirements;

(2) The establishment of less stringent schedules or deadlines for compliance or reporting requirements;

(3) The consolidation or simplification of compliance or reporting requirements;

(4) The establishment of performance standards to replace design or operational standards required in the proposed regulation;

(5) The exemption of certain individuals or small businesses from all or part of the requirements contained in the proposed regulation; and

(6) Such other alternative regulatory methods that will accomplish the objectives of the proposed regulation while minimizing the adverse impact upon individuals and small businesses.

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

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

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

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

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

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

(6) Such other regulations as may be determined from time to time in accordance with this chapter.
29 Del. C. § 8204 — Delaware Code / Title 29 / Chapter 82 / Section 8204
§ Â
        8204. Division of Alcohol and Tobacco Enforcement.
Status: in_force

The Division of Alcohol and Tobacco Enforcement is established having powers, duties and functions as set forth in Chapter 4 of Title 4 and the youth access to tobacco laws in §§ 1115 through 1127 of Title 11.
29 Del. C. § 5221 — Delaware Code / Title 29 / Chapter 52 / Section 5221
§ Â
        5221. Mammogram coverage.
Status: in_force

The plan shall provide coverage for annual mammograms for the purpose of early detection for a woman 40 years of age or older, with or without referral from the woman’s health-care provider.
29 Del. C. § 504 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 504
§ Â
        504. Duties of public officials and employees concerning public records.
Status: in_force

(a) It shall be the responsibility of every public official and employee to:

(1) Adequately document the transaction of public business and the services and programs for which such persons are responsible;

(2) Retain and adequately protect all public records in their custody; and

(3) Cooperate with the Delaware Public Archives and records officers in the establishment and maintenance of an active and continuous program for the economical and efficient management of public records.

(b) No officer, member or employee of any agency of this State or any political subdivision thereof shall destroy, sell or otherwise dispose of any public record or printed public document in such person’s care or custody or under such person’s control without first having advised the Delaware Public Archives of their nature and obtained its consent.
29 Del. C. § 9020B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9020B
§ Â
        9020B. Jurisdiction.
Status: in_force

The Superior Court shall have jurisdiction of offenses under this chapter.
29 Del. C. § 6305A — Delaware Code / Title 29 / Chapter 63A / Section 6305A
§ Â
        6305A. Exemptions.
Status: in_force

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

(1) Director of the Office of Management and Budget;

(2) Management Services Administrator;

(3) Facilities Management Administrator;

(4) Government Support Services Administrator; and

(5) Administrator of Budget Development, Planning and Administration.
29 Del. C. § 5603 — Delaware Code / Title 29 / Chapter 56 / Section 5603
§ Â
        5603. Closed plan â Amount of pensions; method of determining.
Status: in_force

For members covered by the closed plan:

(1) The amount of the annual pension shall be determined by first arriving at the retiring member’s average annual compensation during the member’s highest paid 3 years comprised of 3 periods of 12 consecutive months for the member’s services as a judge or, in the event a judge becomes entitled to a pension prior to having served 3 years as a judge, then the average annual compensation during the member’s entire term for the member’s services as a judge and multiplying the average annual compensation so computed by 3% and then multiplying the product thus obtained by the total number of years of service as a judge (including fractions of years), including all years of service of the retiring judge both prior and subsequent to becoming a member of the state judiciary and both prior and subsequent to filing a declaration of acceptance of the provisions of this chapter in accordance with § 5605 of this title.

(2) a. Anything to the contrary in this subsection notwithstanding, the maximum pension which a retired judge shall receive is 3/4 of the average annual compensation during the retired judge’s highest paid 3 years comprised of 3 periods of 12 consecutive months. Anything to the contrary in this subsection notwithstanding, the minimum pension which a retired judge shall receive is 1/2 of the retired judge’s average annual compensation during the judge’s highest paid 3 years comprised of 3 periods of 12 consecutive months, or, in the event a judge retires before the judge has served 3 years as a judge, then one half the average annual compensation during such retired judge’s entire term of service.

b. Anything to the contrary in this section notwithstanding, the pension of a retired judge who has served more than 25 years and who retires between January 1, 1988, and December 31, 1989, shall be three fourths of his or her average annual compensation to be computed based on a period equal to the retired judge’s highest paid 60 consecutive months reduced by 1 month for each month of service as a judge in excess of 25 years up to a maximum reduction of 24 months. In no case shall a retired judge’s average annual compensation as calculated under this paragraph be based on a period of less than 36 months.

(3) The amount of the annual pension paid to any widow or dependent children of a deceased member of the state judiciary shall be an amount equal to 2/3 of the annual pension such member of the state judiciary, if the member dies while in office, would have been entitled to receive if the member had retired for disability on the day of the member’s death or shall be an amount equal to 2/3 of the pension of the deceased member of the state judiciary if the member died after having retired on pension. The amount of an annual pension paid to any widow or dependent children of a deceased member of the state judiciary who shall die during a period of involuntary retirement after having served at least 12 years as a judge, but before having reached age 65, shall be an amount equal to 2/3 of the annual pension such member of the state judiciary would have been entitled to receive if the member had lived to the age of 65. Such pensions shall be paid in equal monthly installments.
29 Del. C. § 6103 — Delaware Code / Title 29 / Chapter 61 / Section 6103
§ Â
        6103. Deposit of state money.
Status: in_force

(a) All moneys which belong to the State shall be deposited on day of receipt to the credit of the State Treasurer in the designated depository of the State’s funds, with the exception of moneys received after the close of normal banking hours or when an agency receives less than $100 in receipts daily. Those agencies receiving less than $100 in daily receipts shall safely secure such funds and make a deposit when accumulated undeposited receipts exceed $100, or on a weekly basis, whichever occurs first. When moneys are received after the close of normal banking hours, those moneys shall normally be safely secured and deposited on the next business day, except when receipts are of sufficient magnitude to warrant their being deposited after normal banking hours. A report of collections with the appropriate approvals as prescribed in the accounting manual shall be promptly submitted to the State Treasurer.

(b) Notwithstanding any other provisions of the Delaware Code dealing with confidentiality of tax or revenue information, state agencies responsible for collecting such taxes or revenues may receive tax or revenue information electronically from the designated depository of the state’s funds or its 3rd-party vendor without regard to such confidentiality statutes so long as such designated depository or vendor has executed an agreement not to disclose such information other than to such state agencies responsible for collecting taxes or revenues and not to use the information other than as authorized by such agency.
29 Del. C. § 512 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 512
§ Â
        512. Transfer of records to the Delaware Public Archives.
Status: in_force

(a) Selection and transfer of public records in the custody of any public official of this State or the political subdivisions thereof shall be based upon terms and conditions established in approved records retention and disposition schedules, and according to the rules and regulations established pursuant to the provisions of this chapter.

(b) The Delaware Public Archives shall provide written notice a minimum of 10 working days prior to such transfers, unless there is immediate, actual or threatened damage, loss or destruction of public records, in which case, such transfer may be without notice.
29 Del. C. § 6333 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6333
§ Â
        6333. Date of completion of estimate review; power of revision.
Status: in_force

(a) On or before December 15, annually, the Director of the Office of Management and Budget shall complete a review and revision of the estimates of all agencies of the State asking or receiving financial aid.

(b) The Director of the Office of Management and Budget may, in making the review under subsection (a) of this section, revise, by increasing or decreasing, any estimate submitted to the Director of the Office of Management and Budget, except estimates of the judiciary and the General Assembly. In the report required under § 6334 of this title, the Director of the Office of Management and Budget shall indicate, where each revision is made, together with the reasons for each revision.

(c) The review required under this section shall include the appropriations to the OPEB Fund required under § 5544(c)(2) of this title.
29 Del. C. § 6104 — Delaware Code / Title 29 / Chapter 61 / Section 6104
§ Â
        6104. Requirement of registration with Selective Service System.
Status: in_force

All males born after January 1, 1960, must have registered with the Selective Service System in order to be eligible for any scholarship, loan, grant or any program supported by the General Fund, or any subsequent fund developed by the State to provide educational assistance to residents of the State or any other state.
29 Del. C. § 6974 — Delaware Code / Title 29 / Chapter 69 / Subchapter V / Section 6974
§ Â
        6974. Allocation of obligations, use of moneys and payment schedule.
Status: in_force

(a) Each governmental unit shall allocate sufficient moneys for each fiscal year to make payment of any amounts payable by the governmental unit under performance contracts during that fiscal year.

(b) The agency engaging in the performance contract shall retain the savings realized by entering into the performance contract. In no event shall the agency utilize such savings to supplant otherwise appropriated funds for the agency.

(c) A governmental unit may use funds designated for operating, energy, or capital expenditures for any performance contract, including, without limitation, for purchases on an installment payment or lease purchase basis.

(d) Grants, subsidies, or other payments from the State to an agency shall not be reduced as a result of energy savings obtained as a result of a performance contract during the life of the contract.

(e) A performance contract, and payments provided there under, may extend beyond the fiscal year in which the performance contract became effective, subject to appropriation of moneys, if required by law, for costs incurred in future fiscal years. The performance contract may extend for a term not to exceed 20 years.

(f) No obligation of the State or an agency under an installment payment agreement, a guaranteed energy performance contract or any other agreement entered into in connection with a project under this Chapter 69 or Chapter 80 of this title shall constitute or create a debt of the State or agency. No such obligation of the State or an agency shall constitute a tax supported obligation or a bond or a note of the State as provided in Chapter 74 of this title.
29 Del. C. § 7425 — Delaware Code / Title 29 / Chapter 74 / Section 7425
§ Â
        7425. Capital appreciation bonds and discount bonds.
Status: in_force

The term “capital appreciation bonds” means any bond or bonds sold at a price substantially less than the principal amount thereof and on which compounded interest is payable at maturity, as conclusively determined by the issuing officers, but only if such bond or bonds are designated as capital appreciations by the issuing officers in the resolution authorizing the issuance of bonds. For purposes of §§ 7422 and 7423 of this title, the aggregate principal amount of any capital appreciation bonds or any other bonds sold to the public for a price less than the face amount thereof shall be the aggregate of the initial offering prices at which such bonds are offered for sale to the public, whether in a private or negotiated sale or in a public or competitive sale, or sold to the initial purchaser thereof in a private placement, without, in every case, reduction to reflect underwriters’ discount or placement agents’ fees or other similar fees.
29 Del. C. § 8220 — Delaware Code / Title 29 / Chapter 82 / Section 8220
§ Â
        8220. Budgeting and financing.
Status: in_force

(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. § 2703 — Delaware Code / Title 29 / Chapter 27 / Section 2703
§ Â
        2703. Salary.
Status: in_force

The annual salary of the State Treasurer shall be set through the recommendation of the Delaware Compensation Commission (Chapter 33 of this title) and the line item appropriations of the General Assembly.
29 Del. C. § 8306 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8306
§ Â
        8306. Tax Appeal Board.
Status: in_force

(a) The State Tax Board, created by subchapter II of Chapter 3 of Title 30 hereby renamed the Tax Appeal Board, is continued.

(b) Except as otherwise provided in § 8305(4) of this title, the Tax Appeal Board is vested with the membership, remuneration, organization, meetings, powers, duties and functions heretofore vested in the State Tax Board by law, including the power to hear complaints and appeals from the decisions or rulings of the Director of Revenue as the same heretofore existed in respect to decisions or rulings of the State Tax Commissioner pursuant to subchapter II of Chapter 3 of Title 30. The right of appeal from determinations of the State Tax Board heretofore existing pursuant to subchapter II of Chapter 3 of Title 30 is hereby continued respecting appeals from determinations of the Tax Appeal Board.
29 Del. C. § 6604 — Delaware Code / Title 29 / Chapter 66 / Section 6604
§ Â
        6604. Requirements for contracting with Division.
Status: in_force

(a) Public libraries or public library systems contracting with the Division must meet, or provide evidence of attempting to meet, minimum standards of operations as established by the Division and approved by the Council. The Division shall publish guidelines for the disposition of library materials purchased with state funds.

(b) A public library or public library system contracting with the Division must adopt and comply with a public library collection development policy as required by § 8734 of this title.
29 Del. C. § 4708 — Delaware Code / Title 29 / Chapter 47 / Section 4708
§ Â
        4708. Forensic Sciences Laboratory.
Status: in_force

The Forensic Sciences Laboratory is established and operational within the Division of Forensic Science. The Director of the Division of Forensic Science functions as the Director of the Forensic Sciences Laboratory.
29 Del. C. § 5601 — Delaware Code / Title 29 / Chapter 56 / Section 5601
§ Â
        5601. State Judiciary Retirement Fund; contributions; use; division of benefits into plans.
Status: in_force

(a) (1) There shall be established a State Judiciary Retirement Fund, hereinafter referred to as “Fund.” Each member who elects or who has elected the provisions of this chapter and:

a. Who was first appointed to the state judiciary before July 1, 1980, and is a member covered by the closed plan, shall contribute $500 to the Fund each year for the first 25 years of service; or

b. Who is a member covered by the revised plan before February 9, 2025, shall contribute to the Fund each year for the first 24 years of service an amount equal to 3% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base. Total compensation during any calendar year in excess of $6,000 may not be exempt from contributions; or

c. Who is a member first covered by the revised plan on or after February 9, 2025, other than an individual who first becomes a member under § 5605(e)(2)b. of this title, shall contribute to the Fund each year for the first 24 years of service an amount equal to 5% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base. Total compensation during any calendar year in excess of $6,000 may not be exempt from contributions.

(2) Effective July 1, 1997, employee pension contributions made under this section are not subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year.

(b) The Board of Pension Trustees shall invest and accumulate the contributions made to the Fund and shall pay all pensions under this chapter from the Fund. If at any time there shall be insufficient money in the Fund for the purposes of this chapter, the Secretary of Finance shall transfer funds from the General Fund to make up any such deficiency. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees’ Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.

(c) The benefit provisions of this chapter are divided into 2 plans, the closed plan and the revised plan. Members of the state judiciary first appointed before July 1, 1980, who do not elect, as provided in § 5605 of this title, to accept the revised plan are members covered by the closed plan even through reappointments to the state judiciary. All other state judicial officers who accept the provisions of this chapter, as provided in § 5605 of this title, are members covered by the revised plan.
29 Del. C. § 8904 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8904
§ Â
        8904. Powers, duties and functions â Department.
Status: repealed

The Department of Correction shall have the powers, duties and functions as follows:

(1) To perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

The Division of Corrections, pursuant to Chapter 79 of this title, which was vested with the powers, duties and functions which were previously vested in:

a. The Department of Correction and the Board of Correction pursuant to Chapters 43 and 65 of Title 11;

b. [Repealed.]

(2) The Department of Correction shall furnish the Board of Parole adequate office facilities and supplies to properly perform its duties pursuant to Chapter 43 of Title 11.
29 Del. C. § 7521 — Delaware Code / Title 29 / Chapter 75 / Section 7521
§ Â
        7521. Employing school construction personnel.
Status: in_force

Each board of education shall have power to employ engineers, architects and such other employees as it deems essential to the proper and expeditious performance of its duties under this chapter, to fix their salaries and length of service and to dismiss them for any cause which it shall deem sufficient.
29 Del. C. § 2533 — Delaware Code / Title 29 / Chapter 25 / Subchapter III / Section 2533
§ Â
        2533. Establishment of a foundation.
Status: in_force

(a) For proceeds or reserves of not-for-profit healthcare conversion transactions that constitute public benefit assets, there shall be created a new tax-exempt public benefit or charitable organization or foundation pursuant to 26 U.S.C. § 501(c)(3) or (c)(4) of the Federal Internal Revenue Code [26 U.S.C. § 501(c)(3) or (c)(4)] into which the proceeds or reserves shall be ultimately deposited. Whether or not the public benefit or charitable organization is classified as a private foundation under § 509 of the Internal Revenue Code [26 U.S.C. § 509], it shall be subject to the restrictions and limitations that apply to private foundations found in § 4941 through 4945 of the Internal Revenue Code [26 U.S.C. §§ 4941 through 4945].

(b) The mission of the public benefit or charitable organization or foundation receiving the public benefit assets shall be serving the State’s unmet health needs, particularly with regard to medically uninsured and underserved populations.

(c) The board of directors of the foundation shall consist of 9 to 15 members who shall be broadly representative of the community’s diversity and shall include persons with knowledge, expertise and skills in investment and asset management, healthcare finance, not-for-profit administration, delivery of healthcare services, and of health care consumer issues. Each member of the board of directors shall be appointed by the Governor, by and with the consent of the Senate, from a list of qualified persons who have been nominated by the Community Advisory Committee established in subsection (d) of this section, below. The directors shall elect a chairperson. The directors shall have the authority to adopt bylaws for the foundation in consultation with the Community Advisory Committee. After the directors have finalized the formation of the foundation and the adoption of bylaws, the State shall transfer the public benefit assets to the foundation.

(d) A Community Advisory Committee shall be formed to nominate candidates for the foundation’s board of directors. The initial Community Advisory Committee shall be comprised of 9 members, 1 selected by each of the following organizations: the Delaware State Chamber of Commerce, the Medical Society of Delaware, the Delaware Community Foundation, the Delaware Nurses’ Association, the Delaware AFL-CIO, the Delaware Healthcare Association, the United Way of Delaware, the Delaware State Senate, whose member shall be selected by the President Pro Tem of the Senate, and the Delaware House of Representatives, whose member shall be selected by the Speaker of the House. The Advisory Committee shall elect a chairperson. Members of the Community Advisory Committee shall be appointed within 60 days after the State receives public benefits assets from any not-for-profit health care conversion transaction. The foundation may expand the Community Advisory Committee and provide for additional appointments through its bylaws. The Community Advisory Committee’s criteria for nominating board members shall ensure an open recruitment process for the directors. The Community Advisory committee shall nominate at least 30 residents of Delaware for the initial board of directors. At no time shall the Community Advisory Committee nominate 1 of its own members for appointment to the board of directors of the foundation. In addition to nominating persons for consideration of appointment, the Community Advisory Committee shall also work with the foundation’s board of directors to develop and improve the foundation’s mission, certificate of incorporation and by-laws, and shall provide ongoing guidance to the board concerning community needs and other issues relating to the activities of the foundation.

(e) The State Treasurer shall open and maintain an escrow account for the benefit of the foundation for the receipt of any public benefit assets. During the interim time period from when the State receives public benefit assets until they are transferred to the foundation, the State Treasurer shall invest any funds that are part of the public benefit amount in a manner that will protect the principal balance of the public benefit assets.

(f) The certificate of incorporation of the foundation shall provide that the directors shall be appointed to the board for a term of 3 years except as provided herein. The term for each board position shall be staggered by thirds so that the first term for a board position may be 1, 2 or 3 years and shall be determined by lot. No individual may serve more than 2 terms consecutively, except for the initial members whose terms are 1 or 2 years who may serve 3 consecutive terms. Notwithstanding any other law to the contrary, directors of the foundation shall be prohibited from holding over their term once expired even if their successors have not been duly elected and qualified. The directors shall receive no compensation for their service on the board of the foundation other than reimbursement for reasonable expenses related to their service. No elected official may serve as a director of the foundation.

(g) The not-for-profit public benefit or charitable organization or foundation receiving the public benefit assets, its directors, officers, and management shall be and remain independent of the for-profit company or mutual corporation and its affiliates. No person who is an officer, director, or member of management of the not-for-profit corporation submitting the plan for the proposed healthcare conversion transaction, at the time the plan is submitted, or at the time of the agreement or transaction, or thereafter, shall be qualified to be an officer, director or member of management of the not-for-profit public benefit or charitable organization or foundation receiving the charitable assets.

(h) The not-for-profit public benefit or charitable organization or foundation receiving the public benefit assets shall establish formal mechanisms to avoid conflicts of interest and to prohibit grants benefiting the for-profit corporation, the board of directors and management of the for-profit corporation.

(i) The foundation shall have the power to enter into any contract, acquire, lease, sell, hold or dispose of any assets in accordance with the purposes of this subchapter; to employ, retain or enter into contracts with persons in connection with the management and operation of the foundation; to bring or defend, pay, collect, compromise or arbitrate any legal action by or against the foundation; to deposit withdraw, invest, pay, retain and distribute the foundation’s funds in accordance with this subchapter; to purchase, hold, sell, lease, exchange, receive or otherwise acquire or dispose of securities in the name of the foundation; to open, maintain and close bank accounts, and draw checks or other orders for the payment of moneys; and to authorize any officer, director employee or other agent of the foundation to act for and on behalf of the foundation in all matters incidental to the forgoing.

(j) The charitable organization or foundation receiving the public benefit assets shall provide the Attorney General, the Governor, and the General Assembly with an annual report of its charitable activities related to its use of the public benefit assets received. The annual report shall be a public document.

(k) Nothing in this subchapter shall be construed to limit the common law authority of the Attorney General to protect the charitable trusts and assets held for the public benefit in this State. Nothing in this subchapter shall be construed as a replacement for any other civil or criminal actions, which the Attorney General may take either under the common law or statutory law, seeking injunctive relief, or other available remedies.

(l) Nothing in this subchapter shall be construed to supersede, restrict or otherwise limit the powers, duties, and authority of the Insurance Commissioner pursuant to Title 18, or any other provisions relating to the regulation of insurers, hospitals, or other health care corporations.
29 Del. C. § 5950 — Delaware Code / Title 29 / Chapter 59 / Subchapter V / Section 5950
§ Â
        5950. Employee recognition.
Status: in_force

(a) It shall be part of the function of state agencies to conduct employee recognition programs for Merit System employees and employees in positions that are assigned comparable Merit System classes or pay grades. All such employee recognition programs shall be approved by the Secretary of the Department of Human Resources prior to implementation.

(b) The first full week in May shall be designated Public Service Recognition Week. Employee recognition programs shall not, however, be confined to this week.
29 Del. C. § 7807 — Delaware Code / Title 29 / Chapter 78 / Section 7807
§ Â
        7807. Formalities of taking office.
Status: in_force

(a) At the time of an individual’s designation as an emergency interim successor, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual may succeed.

(b) Notwithstanding any other law, no individual, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which the individual succeeds, is required to comply with any other law relative to taking office.
29 Del. C. § 6311A — Delaware Code / Title 29 / Chapter 63A / Section 6311A
§ Â
        6311A. Budget Development, Planning and Administration.
Status: in_force

(a) The Budget Development, Planning and Administration Section of the Office of Management and Budget is hereby established, having the powers, duties and functions as follows:

(1) Oversees the preparation, presentation and implementation of the state’s operating and capital budgets;

(2) Directs the adaptation and implementation of effective fiscal and management policies and procedures;

(3) Manages the analysis of federal budgetary and financial issues including the administrative functions of the Delaware State Clearinghouse Committee; and

(4) Provides management direction to the Office of State Planning Coordination on planning policy direction and the analysis of potential impacts.

(b) The Administrator of the Budget Development, Planning and Administration Section 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. § 6090 — Delaware Code / Title 29 / Chapter 60E / Section 6090
§ Â
        6090. Establishment; statement of purpose.
Status: in_force

(a) There is established a Public Attorney Student Loan Repayment Program for attorneys employed by the State or 1 of Delaware’s civil legal aid organizations for the purpose of practicing law. The program allows qualified applicants to apply for a payment from the State to the applicant’s lending agency to pay a portion of the applicant’s qualified educational loan. The Council shall administer the program.

(b) The purpose of the program is to improve the recruitment and retention of attorneys employed by the State or 1 of Delaware’s civil legal aid organizations to ensure high quality legal services.

(c) The application prescribed, and policies adopted pursuant to this subchapter shall be available on the Council’s website.
29 Del. C. § 8113 — Delaware Code / Title 29 / Chapter 81 / Section 8113
§ Â
        8113. Transfers and continuity.
Status: in_force

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

(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. § 8076 — Delaware Code / Title 29 / Chapter 80 / Subchapter III / Section 8076
§ Â
        8076. Quorum and conduct of business.
Status: in_force

(a) A majority of the membership of the Commission constitutes a quorum to conduct official business. Official action by the Commission, including making findings and recommendations, requires the approval of a majority of the members of the Commission present at a meeting with quorum.

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

(c) The Commission may undertake the following functions to implement the Task Force recommendations and to further the goals and purposes of the Commission:

(1) Establish subcommittees.

(2) Engage with other organizations to exchange ideas and information and to provide those other organizations with the opportunity to engage with the Commission.

(3) Study, research, plan, and make advisory recommendations to the Governor, the Secretary of State, the Secretary of DNREC, the Department of Agriculture, or the General Assembly.

(d) In carrying out the Commission’s duties under this subchapter, the Commission shall consider any related plans and programs developed by other organizations with expertise in native species conservation or protection, or in the eradication of invasive species, and may designate representatives to serve on special committees, organizations, or other entities to plan, develop, and coordinate specific activities.
29 Del. C. § 7520 — Delaware Code / Title 29 / Chapter 75 / Section 7520
§ Â
        7520. Supervision of construction.
Status: in_force

The board of education in each school district shall supervise, or cause to be supervised, the school construction program in such school district.
29 Del. C. § 10123 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10123
§ Â
        10123. Informal fact-finding.
Status: in_force

Where a formal hearing is not required by law and where the parties agree in advance to proceed in such manner, the agency shall acquire the information upon which it bases its decision by means of informal conference or consultation among the parties as follows:

(1) The agency shall conduct the conference itself or may designate a subordinate to do so;

(2) The parties may appear in person and by counsel; and

(3) The parties may submit any relevant factual data, documents, testimony and argument. Only such evidence and argument presented at such conference or presented to the agency and opposing parties before the conference may be taken into consideration by the agency in making its findings and rendering its decision.
29 Del. C. § 8225 — Delaware Code / Title 29 / Chapter 82 / Section 8225
§ Â
        8225. Adoption of federal requirements.
Status: repealed

(a) The State hereby adopts the following parts of the Code of Federal Regulations (hereinafter sometimes referred to as C.F.R.), being Title 49, Part 107, Subpart F and G, Subchapter C of Chapter I, Parts 171 through 180 and Parts 393 and 397 of Subchapter B, Chapter III, unless otherwise stated in this section, being lawfully promulgated pursuant to the federal “Hazardous Materials Transportation Act” (P. L. 93-633; 49 U.S.C. § 1801 et seq. (repealed) )

(b) Exceptions. — (1) For other than a Class 2 material, the transportation of an agricultural product over roadways as defined in § 101(66) of Title 21 between fields of the same farm is excepted from the requirements of Title 49, Chapter 1, Subchapter C of the Code of Federal Regulations. Transportation of the hazardous material is subject to the following conditions:

a. It is transported by a farmer who is an intrastate private motor carrier; and

b. The movement of the agricultural product conforms to requirements of the State in which it is transported and is specifically authorized by a state statute or regulation in effect before October 1, 1998.

(2) A Class 2 material transported over roadways as defined in § 101(66) of Title 21 between the fields of the same farm is excepted from subparts G and H of part 172, 49 C.F.R., Chapter 1, Subchapter C., subject to the following conditions:

a. It is transported by a farmer who is an intrastate private motor carrier; and

b. The movement of the agricultural product conforms to requirements of the State in which it is transported and is specifically authorized by a state statute or regulation in effect before October 1, 1998.

(3) The transportation of an agricultural product to or from a farm, within 40 miles of a farm, is excepted from the requirements in subparts G and H of part 172, 49 C.F.R. Chapter 1, Subchapter C and from its specific packaging requirements when;

a. It is transported by a farmer who is an intrastate private motor carrier;

b. The total amount of agricultural product being transported on a single motor vehicle does not exceed:

1. 16,094 pounds of ammonium nitrate fertilizer, properly classed as Division 5.1, PG HL, in a bulk packaging (aggregate gross weight) or less; or

2. 502 gallons for liquids or gases, or 5,070 for solids, of any other agricultural product;

c. The movement and packaging of the agricultural product conform to the requirements of the State in which it is transported and are specifically authorized by a state statute or regulations in effect before October 1, 1998; and,

d. Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of Title 49, Chapter 1, Subchapter C of the Code of Federal Regulations.

(4) Formulated liquid agricultural products in specification packaging of 58 gallons capacity, or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or loading aboard an aircraft for aerial application.

(c) Any person engaged in the transportation or shipment of hazardous materials, either in interstate or intrastate commerce, in the State shall comply with these adopted federal regulations and any federal regulations subsequently adopted by the Commission.
29 Del. C. § 5222 — Delaware Code / Title 29 / Chapter 52 / Section 5222
§ Â
        5222. Ovarian cancer screening and monitoring tests [For application of this section, see 84 Del. Laws, c. 488, Â 3].
Status: in_force

(a) For purposes of this section:

(1) “At risk for ovarian cancer” means any of the following:

a. Having a family history of any of the following:

1. One or more first- or second-degree relatives with ovarian cancer.

2. Clusters of women relatives with breast cancer.

3. Nonpolyposis colorectal cancer.

4. Breast cancer in a male relative.

b. Testing positive for any of the following genetic mutations:

1. Brca1 or brca2.

2. Lynch Syndrome.

c. Having a personal history of any of the following:

1. Ovarian cancer.

2. Endometriosis.

3. Unexplained infertility.

4. Uterine fibroids.

5. Polycystic ovarian syndrome.

(2) “Monitoring tests” and “screening tests” mean tests and examinations for ovarian cancer using any of the following methods that are recommended by a patient’s physician:

a. Tumor marker tests supported by national clinical guidelines, national standards of care, or peer reviewed medical literature.

b. Transvaginal ultrasound.

c. Pelvic examination.

d. Other screening tests supported by national clinical guidelines, national standards of care, or peer reviewed medical literature.

(b) The plan shall provide coverage for all of the following:

(1) Monitoring tests for ovarian cancer after a woman is treated for ovarian cancer.

(2) Annual screening tests for women at risk for ovarian cancer.

(c) Coverage required by subsection (b) of this section must be at no cost to a covered individual, including deductible payments and cost-sharing amounts charged once a deductible is met.
29 Del. C. § 2114 — Delaware Code / Title 29 / Chapter 21 / Section 2114
§ Â
        2114. Police Officers Appreciation Day.
Status: in_force

The Governor may issue annually a proclamation calling upon state officials to display the United States flag on all state and school buildings, and the people of this State to display the flag at their homes, lodges, churches and places of business and other suitable places, on the second Wednesday in June, known as Police Officers Appreciation Day, as a public expression of appreciation for those in our State who dedicate their lives to law enforcement.
29 Del. C. § 3802 — Delaware Code / Title 29 / Chapter 38 / Section 3802
§ Â
        3802. Membership; qualifications; terms.
Status: in_force

(a) The Commission shall consist of 7 members who are appointed as follows:

(1) Two members, appointed by the Speaker of the House of Representatives.

(2) Two members, appointed by the President Pro Tempore of the Senate.

(3) Two members, appointed by the Governor.

(4) One member, appointed by the President of the Delaware Africa Caribbean Coalition, from Delaware Africa Caribbean Coalition (DACC) members.

(b) The members of the Commission serve 3-year terms.
29 Del. C. § 9016E — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9016E
§ Â
        9016E. State agency technology procurement and management.
Status: in_force

(a) The Department shall establish statewide technology standards for use in the procurement process. Further, if the Department has entered into a statewide contract for technology services or resources, then that contract is mandatory use for state agencies.

(b) The Department of Technology and Information shall have the full cooperation of state agencies in developing and implementing the sharing of data and information throughout the executive branch.

(c) The Department of Technology and Information shall enter into and develop service level agreements necessary to ensure that the state agencies have full access to secure, reliable, and efficient technology services.
29 Del. C. § 8908 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8908
§ Â
        8908. Appeals.
Status: in_force

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any bureau or subbureau thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the bureau, subbureau or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 2308 — Delaware Code / Title 29 / Chapter 23 / Section 2308
§ Â
        2308. Commissions and other instruments under the Great Seal.
Status: in_force

The Secretary of State shall make and register commissions and affix the Great Seal to the commissions and to all other instruments and records required to be under the Great Seal or of which it is the proper authentication.
29 Del. C. § 6521 — Delaware Code / Title 29 / Chapter 65 / Section 6521
§ Â
        6521. Use of unexpended appropriations to meet unpaid requisitions.
Status: in_force

The Secretary of Finance during the last month of the fiscal year may set aside, from unexpended appropriations, a sum sufficient to pay all bills for which requisitions have been issued in accordance with this chapter during the fiscal year, but which remain unpaid. No such sum shall be set aside for the purpose of paying state employees’ salaries or wages which do not become due and payable until the next fiscal year. Funds so set aside shall not lapse or revert at the end of such fiscal year and shall continue to be available in the fiscal year following until reverted by the Secretary of Finance. In no instance shall such funds continue beyond June 30 of the fiscal year following.
29 Del. C. § 5108 — Delaware Code / Title 29 / Chapter 51 / Section 5108
§ Â
        5108. Action against officer for state moneys.
Status: in_force

Action may be brought in the name of the State against any officer for money received by or legally chargeable to the officer for fines, forfeitures or fees appertaining to the funds of the State.
29 Del. C. § 6338 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6338
§ Â
        6338. Amendment of the Bill by the Governor before final action by the General Assembly.
Status: in_force

The Governor may, before final action thereon by the General Assembly, amend or supplement the Budget Appropriation Bill to correct an error or oversight or in case of an emergency, by delivering such an amendment or supplement to both Houses. The amendment or supplement shall thereby become a part of the Budget Appropriation Bill as an addition to the items of the Bill or as a modification or substitution for any item of the Bill such amendment or supplement may affect.
29 Del. C. § 3304 — Delaware Code / Title 29 / Chapter 33 / Section 3304
§ Â
        3304. Effect of Commission report.
Status: in_force

The remuneration for all offices specified in § 3303 of this title established by the report shall take effect and have the force and effect of law as of the first day of the first full pay period of the fiscal year following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session.
29 Del. C. § 10308 — Delaware Code / Title 29 / Chapter 103 / Section 10308
§ Â
        10308. Cooperation of state agencies.
Status: in_force

The General Assembly hereby directs all state agencies to offer their full cooperation in the implementation of this chapter.
29 Del. C. § 312 — Delaware Code / Title 29 / Chapter 3 / Section 312
§ Â
        312. State beverage.
Status: in_force

Milk shall be the official beverage of the State.
29 Del. C. § 8313 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8313
§ Â
        8313. Annual report.
Status: in_force

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. § 5806A — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5806A
§ Â
        5806A. Prohibitions on nepotism.
Status: in_force

(a) By December 1, 2024, the Department of Human Resources shall implement a policy for application to all executive branch agencies that contains the following prohibitions:

(1) A state employee, state officer, or honorary state official may not serve as the direct supervisor of a relative.

(2) A state employee, state officer, or honorary state official may not be directly involved in or attempt to influence state agency decision-making with respect to the hiring or promotion of a relative.

(b) By December 31, 2024, the General Assembly, the judicial branch, and elected state officers shall develop a policy prohibiting nepotism in employment in the legislative and judicial branch, as well as any office or agency led by an elected state officer.

(c) Whenever a substantive change is proposed to the Department of Human Resources policy required under subsection (a) of this section, the Department of Human Resources must provide at least 60 days’ notice to the General Assembly prior to implementation of the change. Notice shall be made by delivery of the proposed change to the Secretary of the Senate, the Chief Clerk of the House, and the Director of the Division of Legislative Services.

(d) As used in this section, “relative” means any of the following:

(1) A person’s spouse or domestic partner.

(2) A person’s parent, stepparent, or child.

(3) The parent, stepparent, or child of a person’s spouse or domestic partner.

(4) A person’s grandparent or grandchild.

(5) A person’s sibling.

(6) The spouse of a person’s child.

(7) A minor child for whom the person has assumed and carried out parental responsibilities.
29 Del. C. § 5204 — Delaware Code / Title 29 / Chapter 52 / Section 5204
§ Â
        5204. Selection of the group insurance carrier.
Status: in_force

(a) The health-care insurance coverage shall be provided through a carrier incorporated under the laws of this State or legally authorized to transact business within this State, having adequate servicing facilities to carry out the terms of the contract.

(b) The health-care insurance coverage shall be provided by a carrier offering, at the employee’s or pensioner’s own expense, optional supplemental or extended benefits coverage to each regular employee or eligible pensioner and similar hospital, surgical/medical and supplemental or extended coverage for such employee’s or pensioner’s spouse and dependents.
29 Del. C. § 2521 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2521
§ Â
        2521. Rules and regulations.
Status: in_force

(a) The Director shall have the authority to promulgate rules and regulations as deemed necessary or appropriate to implement or clarify the statutes that the Division of Consumer Protection is charged to enforce or otherwise to carry out the purposes of those statutes.

(b) The rules and regulations of the Division of Consumer Protection shall be entitled to substantial deference in connection with any judicial review or case determination.
29 Del. C. § 5802 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5802
§ Â
        5802. Legislative findings and statement of policy.
Status: in_force

The General Assembly finds and declares:

(1) In our democratic form of government, the conduct of officers and employees of the State must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.

(2) To ensure propriety and to preserve public confidence, officers and employees of the State must have the benefit of specific standards to guide their conduct and of some disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties.

(3) In our democratic form of government, it is both necessary and desirable that all citizens should be encouraged to assume public office and employment, and that, therefore, the activities of officers and employees of the State should not be unduly circumscribed.

(4) It is the desire of the General Assembly that all counties, municipalities and towns adopt code of conduct legislation at least as stringent as this act to apply to their employees and elected and appointed officials. This subchapter shall apply to any county, municipality or town and the employees and elected and appointed officials thereof which has not enacted such legislation by January 23, 1993. No code of conduct legislation shall be deemed sufficient to exempt any county, municipality or town from the purview of this subchapter unless the code of conduct has been submitted to the State Ethics Commission and determined by a majority vote thereof to be at least as stringent as this subchapter. Any change to an approved code of conduct must similarly be approved by the State Ethics Commission to continue the exemption from this subchapter.
29 Del. C. § 4702 — Delaware Code / Title 29 / Chapter 47 / Section 4702
§ Â
        4702. Rules and regulations.
Status: in_force

The Department of Safety and Homeland Security may adopt and promulgate rules and regulations to carry into effect this chapter.
29 Del. C. § 2525 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2525
§ Â
        2525. Cease and desist orders.
Status: in_force

(a) By agreement. — At any time after it appears to the Director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by Chapter 25 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other laws and regulations which the Division of Consumer Protection is authorized to enforce, the Director may issue a cease and desist order pursuant to an agreement with such person. Each such agreement may provide for:

(1) The immediate discontinuance of each practice set forth in the agreement;

(2) Any such relief, remedies, penalties, fines, or recoveries authorized by this chapter, including restitution, rescission, recoupment, or other relief appropriate to prevent violators from being unjustly enriched; and

(3) Any other action deemed by the Director to be necessary to remedy such practice or practices.

(b) By administrative order. — Upon the finding of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, after notice and a hearing, the designated hearing officer may issue a cease and desist order against the violator. Such cease and desist order may provide for any relief as indicated in subsection (a) of this section above.

(c) By summary administrative order. —

(1) Where the Director in the Director’s discretion perceives an immediate threat to the public interest as a result of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, the Director may issue a summary cease and desist order ordering an immediate discontinuance of the unlawful practice identified in the order, which order must include findings of fact and conclusions of law sufficient to put the respondent on notice of the reasons for the issuance of the order. Before issuing the summary order, the Director or the Director’s designee shall attempt to obtain voluntary compliance from the alleged violator by letter or telephone call.

(2) The summary cease and desist order shall be served upon the alleged violator by first class and certified mail to the alleged violator’s last known address. Service shall be deemed effective upon mailing. Within 15 business days after the mailing of the summary order, the alleged violator may request, in writing, a hearing on the charges. A summary order that was not the subject of a hearing may not be appealed to the Superior Court.

(3) If the alleged violator makes a written request for a hearing, the Division of Consumer Protection shall provide a hearing on the charges within 15 business days after the receipt by the Director of Consumer Protection of the alleged violator’s written request for a hearing. A written order, containing findings of fact and conclusions of law, shall issue within 15 business days after the close of the hearing.

(4) If the alleged violator makes a written request for a hearing but none is provided within 15 business days after the receipt by the Director of Consumer Protection of the written request for a hearing, the summary order shall expire at the end of the fifteenth business day after the receipt by the Director of Consumer Protection of the written request for a hearing unless the alleged violator waives that alleged violator’s right to a prompt hearing by agreeing to a hearing at a later date. If the alleged violator makes a written request for a hearing and one is provided within 15 business days of the receipt by the Director of Consumer Protection of the written request, but no order is issued within 15 business days after the close of the hearing, the summary order shall expire at the end of the fifteenth business day after the close of the hearing, unless the alleged violator agrees to be bound by the summary order until a later date. An order that has expired in accordance with the restrictions of this paragraph may not be reissued as a summary order.

(5) The order issued after the hearing may provide for any administrative remedy contained in § 2524 of this title. Any person aggrieved by the order issued after the hearing shall have 30 days to appeal the order to the Superior Court, as provided in § 2523(d) of this title.

(6) Any person who wilfully violates a cease and desist order may be sanctioned as provided in § 2524(b) or § 2526 of this title.
29 Del. C. § 8103 — Delaware Code / Title 29 / Chapter 81 / Section 8103
§ Â
        8103. Powers, duties and functions of the Secretary.
Status: in_force

The Secretary may:

(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions and employees;

(2) Appoint and fix the salary of, with the written approval of the Governor, the Deputy Secretary, who may be removed from office by the Secretary with the written approval of the Governor and who shall have such powers, duties and functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions in the administration and operation of the Department as may be assigned by the Secretary;

(3) Establish an agricultural lands preservation section within the Office of the Secretary and appoint such personnel as may be necessary for the administration of the duties set forth in Chapter 9 of Title 3. Chapter 59 of this title shall be applicable to the employees of the agricultural lands preservation section;

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

(5) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions of the divisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions required by law shall be provided for and maintained;

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

(7) Delegate any of the Secretary’s powers, duties or functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions to a director of a division except the power to remove employees of the Department or to fix their compensation;

(8) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

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

(10) Adopt an official seal or seals for the Department.
29 Del. C. § 5930 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5930
§ Â
        5930. Discharge; reduction in rank or grade.
Status: in_force

The rules shall provide for discharge or reduction in rank or grade for cause after the probationary period for appointment or promotion is completed. The person to be discharged or reduced in rank for cause shall have the right of appeal as set forth in this chapter.
29 Del. C. § 8791A — Delaware Code / Title 29 / Chapter 87A / Subchapter IX / Section 8791A
§ Â
        8791A. Allocation of state ceiling.
Status: in_force

(a) The state ceiling applicable to the State for each calendar year is allocated, and the volume cap for the state and local governmental issuers for each calendar year after 1987 is, as follows:

(b) The entire volume cap of the State for each calendar year shall be retained by the State for future allocation by the Governor among the Delaware State Housing Authority and the other governmental issuers within the State.

(c) Each issuer’s volume cap may be used for any type of private activity bond and other tax-exempt obligations to which § 146 of the Code [26 U.S.C. § 146] applies.

(d) The Governor shall have the right, by executive order, to modify the allocations made under subsection (a) of this section; provided, however, that no such modification shall cause any obligation issued prior to the date of such modification to lose its qualification for tax-exempt treatment under the Code. This authority given to the Governor shall be exercisable by the Governor in the Governor’s discretion, but in so doing, the Governor shall consider any recommendation by the Committee that is adopted by a majority of the Committee’s members.

(e) An issuer’s application and allocation of any portion of its volume cap to any obligations of such issuer shall be considered effective upon such issuer’s delivery to the Secretary of Finance of a notice of the issuance of the obligations identifying the issuer, the proposed purchaser of such obligations, the amount of its volume cap allocated to such obligations and the purpose of the financing, and providing such other information as the Secretary of Finance may require. Upon the request of any issuer, the Governor or the Secretary of Finance shall certify, based on notices of issuance and notices of reassignments filed with the Secretary of Finance pursuant to this section, whether or not:

(1) Volume cap in the required amount is available for the issuer in connection with the issuance of certain of its obligations; and

(2) There is a valid allocation of volume cap for such issue pursuant to Section 146 of the Internal Revenue Code of 1986 [26 U.S.C. § 146].

(f) At the end of each calendar year commencing with calendar year 2020, any volume cap of a city or county, which has not been used by a city or county as determined by the records of the Secretary of Finance, automatically reverts to the State, and is carried forward subject to subsection (d) of this section and requirements of the Code.
29 Del. C. § 8903 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8903
§ Â
        8903. Powers, duties and functions â Commissioner.
Status: in_force

The Commissioner shall:

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

(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Commissioner and chiefs of the Department’s Bureaus and other office heads, who may be removed from office by the Commissioner with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Commissioner.

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

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

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

(6) Delegate any of the Commissioner’s powers, duties or functions to the Deputy Commissioner or a chief of a bureau, except the power to remove employees of the Department or to fix their compensation;

(7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Commissioner and which are not inconsistent with the laws of this State;

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

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

(10) Adopt a plan for use of personnel within the correctional system;

(11) Adopt a plan to identify and classify very low risk inmates convicted of misdemeanors and sentenced to serve no more than 24 months of incarceration and to provide an ongoing list of such inmates eligible for release to alternative programs of punishment which do not include incarceration. Such plan shall include a provision that all inmates sentenced to serve no more than 24 months of incarceration shall be so identified and classified within 90 days of their commitment to an institution supervised by the Department;

(12) Devise and adopt a plan to provide weapons training to all probation and parole officers. Such plan shall include an option for each such officer to carry a firearm, after successful completion of a course in weapons, during work in the field. Said course of training shall meet or exceed the standards established by the Police Officer Standards and Training Commission. Such plan shall be in operation no later than September 15, 1992;

(13) Upon an order of the court directing the Department to debit moneys in an inmate account in accordance with Chapter 88 of Title 10, the Department shall, to the extent adequate funds are available, transfer such moneys to the court. To the extent an inmate’s account does not have adequate funds to comply with the court’s order, the Department shall debit the inmate’s account for future payment to the court. The Department shall retain records of an inmate’s account upon the release of the prisoner from the custody of the Department if such account has a negative balance pursuant to a court order under Chapter 88 of Title 10. The outstanding balance of such an account shall be reinstated should that person be committed to the custody of the Department at some future time. Notwithstanding the above, no court order pursuant to Chapter 88 of Title 10, shall have priority over charges or debits pursuant to § 6536(b) or (c) of Title 11; and

(14) Provide feminine hygiene products to inmates at no cost in facilities maintained by the Department. For purposes of this paragraph, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle.
29 Del. C. § 508 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 508
§ Â
        508. Deposit of deeds to state-owned property with the Delaware Public Archives.
Status: in_force

All state agencies shall deposit with the Delaware Public Archives for preservation and safekeeping the original deeds to all state-owned property. The Delaware Public Archives shall give a receipt for each deed received into its custody.
29 Del. C. § 6347 — Delaware Code / Title 29 / Chapter 63 / Subchapter III-B / Section 6347
§ Â
        6347. Authorization for sale of school district bonds.
Status: in_force

In the case of a school district, use of funds authorized by this subchapter to purchase real property may constitute authorization for the sale of district bonds by the State after referendum as provided in § 7506 of this title and after the inclusion of said authorization in a subsequent state capital improvement program.
29 Del. C. § 5593 — Delaware Code / Title 29 / Chapter 55A / Subchapter III / Section 5593
§ Â
        5593. Establishment of Fund.
Status: in_force

There shall be established a County and Municipal Employees’ Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under Chapter 55 of this title, to which county or municipal appropriations and other employer contributions shall be deposited monthly, and to which member contributions shall be deposited upon deduction from the member’s paycheck, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees’ Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.
29 Del. C. § 4821 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4821
§ Â
        4821. Decision to forego video lottery.
Status: in_force

Any person, corporation or association licensed under Chapter 100 of Title 3 to conduct a harness horse racing meet during 1993 which conducted live harness horse races on 30 days or less during 1993 may forego the opportunity to become a video lottery agent under this chapter. Any such person, corporation or association electing to forego such opportunity shall notify the Director and all other video lottery agents of such decision, and so long as such person, corporation or association conducts live harness horse races on at least 90% of the same number of racing days as were conducted by such person, corporation or association in 1992, and so long as such person, corporation or association maintains and awards an average purse per race which is not less than the average purse per race offered by such person, corporation or association during 1992, then such person, corporation or association shall receive an annual payment of $100,000 from all video lottery agents licensed under Chapter 101 of Title 3 and $75,000 from all video lottery agents licensed under Chapter 100 of Title 3 or Chapter 4 of Title 28, such payment to be made on an annual basis commencing 6 months after the first customer plays the video lottery and shall continue so long as the video lottery is in operation. Video lottery agents licensed under more than 1 chapter of Title 28 and Title 3 shall only make 1 payment as set forth in the preceding sentence. An election to forego the opportunity to become a video lottery agent shall be effective for 1 year from the date of such election, after which time the licensee making the election may apply for licensure to become a video lottery agent, or may elect to forego such opportunity for an additional 1 year.
29 Del. C. § 10503 — Delaware Code / Title 29 / Chapter 105 / Section 10503
§ Â
        10503. Budget products.
Status: in_force

(a) No later than January 30 of each year, the Director of the Office of Management and Budget will submit annual budget documents and supporting information inclusive of the recommended additions detailed above.

(b) The secretary or director of each agency shall discuss the mission statement, performance measures and funding requests with the General Assembly’s Joint Finance Committee Budget Hearing.
29 Del. C. § 5206 — Delaware Code / Title 29 / Chapter 52 / Section 5206
§ Â
        5206. Duties of State Treasurer.
Status: in_force

Upon written authorization the State Treasurer shall withhold from the employee’s salary or eligible pensioner’s benefits such sums as are necessary for the payment of premium or subscription charges for the optional supplemental or extended benefits coverage and for spouse or dependent coverage.
29 Del. C. § 5932 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5932
§ Â
        5932. Work schedules.
Status: in_force

The rules shall provide for work schedules, call-in, and attendance regulations, rest periods and leaves of absence without pay.
29 Del. C. § 8108 — Delaware Code / Title 29 / Chapter 81 / Section 8108
§ Â
        8108. Governorâs Council on Agriculture.
Status: in_force

(a) (1) There is established the Governor’s Council on Agriculture.

(2) For the purposes of this section:

a. “Council” means the Governor’s Council on Agriculture.

b. “Department” means the Department of Agriculture.

c. “Secretary” means the Secretary of the Department of Agriculture.

(b) The Council is composed of 7 members who are appointed by the Governor for 3-year terms. The Governor shall appoint the chair, who serves as the chair at the pleasure of the Governor, from among the members.

(c) (1) The Council shall advise, recommend, and refer to the Secretary matters which, in its opinion, are of departmental concern and shall consider other matters that the Secretary or the Governor refer to it.

(2) The Council may study, research, plan, and advise the Secretary and the Governor on matters it deems appropriate to enable the Department to function in the best possible manner.

(d) The Governor shall consider geographical and other diversities when appointing a member to the Council.

(e) Members receive no compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.

(f) The Governor may appoint a member for a term less than 3 years to ensure that no more than 3 members’ terms expire in a year.

(g) A majority of members must be present at a Council meeting in order to have a quorum and conduct official business is the majority of members. A vacant position is not counted for purposes of quorum.
29 Del. C. § 5622 — Delaware Code / Title 29 / Chapter 56 / Section 5622
§ Â
        5622. Establishment of Fund.
Status: in_force

There shall be established a State Judiciary Retirement Fund, hereinafter referred to as “Fund,” to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon deduction from the employee’s paycheck and to which earnings on investments, any other contributions, gifts, donations, grants, refunds and reimbursements shall be deposited upon receipt and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees’ Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.
29 Del. C. § 7201 — Delaware Code / Title 29 / Chapter 72 / Section 7201
§ Â
        7201. Hospitals caring for indigent sick.
Status: in_force

All hospitals located within each of the several counties which are not principally dependent for their maintenance and operation upon state or federal appropriation are authorized to furnish any indigent person with proper medical or surgical care and attention, to be paid therefor in the manner provided in this chapter.
29 Del. C. § 513 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 513
§ Â
        513. Acquisition and custody of federal records.
Status: in_force

The Delaware Public Archives may acquire and take into its protective custody such public records in the custody of the government of the United States as may relate to the State.
29 Del. C. § 5592 — Delaware Code / Title 29 / Chapter 55A / Subchapter III / Section 5592
§ Â
        5592. Employer contributions.
Status: in_force

The contribution of an employer for each fiscal year shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal:

(1) The normal cost; plus

(2) Adjustments for actuarial gains and losses or increases in benefits adopted on or subsequent to participation; plus

(3) Administrative costs.
29 Del. C. § 8715 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8715
§ Â
        8715. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. § 5609 — Delaware Code / Title 29 / Chapter 56 / Section 5609
§ Â
        5609. Relationship of judicial pensions to other pensions; social security.
Status: repealed

(a) (1) A state judicial officer, while in service as a state judicial officer, may not receive any other pension that meets all of the following:

a. Is payable by this State under any law of this State.

b. For which the state judicial officer would otherwise be eligible because of the state judicial officer’s prior service as an employee, officer, or elected or appointed official.

(2) On the state judicial officer’s retirement or death, the state judicial officer or the person entitled to survivor’s benefits provided under this chapter is entitled to receive the pension benefits provided under this chapter as well as any other pension benefits for which the state judicial officer or the person entitled to survivor’s benefits is eligible under any other pension plan payable by this State.

(b) [Repealed.]

(c) Nothing contained in this chapter prevents a state judicial officer from participating on the same basis as other state employees in the social security program except that federal Social Security payments to which a state judicial officer may become entitled may not be deducted from any pension payments made under this chapter.
29 Del. C. § 9144 — Delaware Code / Title 29 / Chapter 91 / Subchapter IV / Section 9144
§ Â
        9144. Publication of geospatial data and information in Delaware.
Status: in_force

All geospatial data and information created by or for any state, county or local agency, or by or for any other organizations receiving state funds in whole or in part for the development of such data, shall be subject to the following conditions:

(1) All geospatial data and information shall be considered to be in the public domain, except as provided for in all applicable federal, state and local laws and statutes including the information security and data classification standards promulgated by the Delaware Department of Technology and Information.

(2) Metadata for all geospatial data and information shall be published on the Delaware Geospatial Information Clearinghouse, maintained by the University of Delaware, or on any clearinghouse system that may be approved the by the Executive Council of the Delaware Geographic Data Committee to replace that Clearinghouse in the future.

a. All metadata shall meet at least the minimum metadata specifications approved by the Executive Council of the Delaware Geographic Data Committee.

b. Metadata shall be published for data projects at all stages of development including planning for data acquisition, data collection and creation, publication as draft and final publication.

c. Restrictions placed on geospatial data and information pursuant to paragraph (1) of this section shall not apply to metadata for those data sets.

(3) Agencies or entities responsible for the creation of any geospatial data and information in or representing Delaware shall make all efforts to provide full and practical access to such geospatial data and information.
29 Del. C. § 8760A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8760A
§ Â
        8760A. Negotiability of bonds.
Status: in_force

The bonds and any coupons appurtenant thereto shall be negotiable instruments and securities under the Uniform Commercial Code of the State.
29 Del. C. § 6091 — Delaware Code / Title 29 / Chapter 60E / Section 6091
§ Â
        6091. Definitions.
Status: in_force

As used in this subchapter:

(1) “Award” means the Council’s decision to make a loan payment on an applicant’s behalf.

(2) “Civil legal aid organization” means Community Legal Aid Society, Delaware Volunteer Legal Services, or Legal Services Corporation of Delaware.

(3) “Council” means the Delaware Criminal Justice Council.

(4) “Lending agency” means an entity that provides a qualified education loan.

(5) “Loan award committee” means a committee composed of the following members:

a. Executive Director of the Council.

b. The Chief Defender, or the Chief Defender’s designee.

c. The Attorney General, or the Attorney General’s designee.

d. The Chief Justice, or the Chief Justice’s designee.

e. A member of the Delaware bar appointed by the Governor.

(6) “Loan payment” means a payment by the Council to a successful applicant’s lending agency of a portion of the applicant’s qualified educational loan.

(7) “Program” means the Public Attorney Student Loan Repayment Program established in this subchapter.

(8) “Qualified educational loan” means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational expenses related to an applicant’s undergraduate or law degree program.
29 Del. C. § 2902 — Delaware Code / Title 29 / Chapter 29 / Section 2902
§ Â
        2902. Salary.
Status: in_force

The annual salary of the Auditor shall be $24,000.
29 Del. C. § 2504 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2504
§ Â
        2504. Powers, duties and authority of the State Department of Justice.
Status: in_force

The State Department of Justice and the Attorney General shall have the following powers, duties and authority:

(1) To continue to exercise the powers and perform the duties by the Constitution, statutes and common law vested in and imposed upon the Attorney General prior to January 1, 1969;

(2) Notwithstanding any other laws, to provide legal advice, counsel and services for administrative offices, agencies, departments, boards, commissions and officers of the state government concerning any matter arising in connection with the exercising of their official powers or duties and to publish or cause to be published such opinions in book form every 2 years. The courts, counties and incorporated municipalities are excepted from this chapter;

(3) Notwithstanding any other laws, to represent as counsel in all proceedings or actions which may be brought on behalf of or against them in their official capacity in any court, except in actions in which the State has a conflicting interest, all officers, agencies, departments, boards, commissions and instrumentalities of state government;

(4) To investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith; provided, however, that nothing in this subdivision shall restrict the general powers of the General Assembly to investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith;

(5) To direct the activities of state detectives;

(6) To have charge of all criminal proceedings as prior to January 1, 1969;

(7) To recommend revisions in the Constitution and statutes of this State with particular reference to law enforcement;

(8) To draft or cause to be drafted such bills or amendments as may be requested by any state officer or any department, division, commission or other state agency and otherwise render assistance, aid, information, counsel and advice in the preparation and drafting of any such proposed legislation; and

(9) To represent witnesses for the State or individuals who have cooperated with state investigative agencies when they are sued as a result of, or on account of, their cooperation with any agency of the State in any investigation or prosecution conducted by the State unless such representation creates a conflict with the interests of the State.
29 Del. C. § 8308B — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8308B
§ Â
        8308B. State Employees Pension Benefits Review Committee.
Status: in_force

(a) There is established the State Employees Pension Benefits Review Committee. The purpose of the Review Committee shall be to review the pension plan by using appropriate and accepted comparative analysis, including, but not limited to, the benefit structure of the various state pension systems for the purpose of evaluating current pension plan benefits and recommending changes.

(b) The State Employees Pension Benefits Review Committee shall be composed as follows:

(1) Chair and Vice Chair of the Legislative Joint Finance Committee.

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

(3) One member of the House of Representative appointed by the Speaker.

(4) Three members appointed by the Chair of the Board of Pension Trustees.

(5) One member of the Pension Advisory Council.

(6) Pension Administrator.

(7) Director of Office of Management and Budget.

(8) Controller General.

(c) The Office of Management and Budget, the Controller General’s Office, and the Pension Office shall provide the committee with staff support and such other resources as the committee may require.
29 Del. C. § 8925 — Delaware Code / Title 29 / Chapter 89 / Subchapter II / Section 8925
§ Â
        8925. Policies and procedures.
Status: in_force

The Department shall promulgate policies and procedures for the full implementation of the subchapter.
29 Del. C. § 8767A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8767A
§ Â
        8767A. Liberal construction of subchapter.
Status: in_force

This subchapter, being necessary for the prosperity and welfare of the State and its citizens, shall be liberally construed to effect the purposes of this subchapter.
29 Del. C. § 8729 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8729
§ Â
        8729. Division of the Arts â Assistance for the development of the Arts.
Status: in_force

(a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities, agencies and political subdivisions of the State and private and public nonprofit associations in the development of the arts in the State and to enhance the appreciation of artistic expressions by citizens of the State.

(b) The Director may contract with any instrumentality, agency or political subdivision of the State, and with any private or public nonprofit association, to accomplish any work authorized by this chapter.

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

(d) The Director shall be responsible for fiscal matters and auditing of funds appropriated under this section. Expenditures from this special fund shall be in accordance with state law and shall be limited to appropriations provided therefor. Moneys on deposit in this special fund which are unexpended or unencumbered shall not revert at the end of each fiscal year.
29 Del. C. § 5929 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5929
§ Â
        5929. Fines.
Status: in_force

The rules shall provide for imposition, as a disciplinary measure, of a fine of not more than 10 days’ pay or suspension from the service without pay for not longer than 30 days.
29 Del. C. § 3703 — Delaware Code / Title 29 / Chapter 37 / Section 3703
§ Â
        3703. Organization; quorum.
Status: in_force

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

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

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

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

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

(d) A majority of the membership of the Commission constitutes a quorum to conduct official business.
29 Del. C. § 524 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 524
§ Â
        524. Records retention and disposition schedules.
Status: in_force

The Delaware Public Archives shall, after consultation with appropriate state agencies, or political subdivisions of this State, establish records retention and disposition schedules setting forth the minimum length of time that records need to be retained. If any state or federal law or regulation provides a retention period different from that established by the records retention period and disposition schedule established herein, the retention period established by law or regulation shall govern.
29 Del. C. § 8051 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8051
§ Â
        8051. Short title; declaration of policy.
Status: in_force

(a) This subchapter shall be known and may be cited as “The Delaware Energy Act.”

(b) The General Assembly finds and declares that:

(1) An adequate, reliable, and continuous supply of energy is essential to the health, safety, and welfare of the citizens of this State and to the sustained growth of the State’s economy;

(2) Planning for Delaware’s energy future is vitally important to Delaware’s economy and all Delawareans;

(3) Developments in the energy sector of the economy are proceeding at a fast pace, and devoting state resources to the energy sector will benefit Delaware’s economy and all Delawareans;

(4) Transforming the delivery of energy to end users and throughout the energy grid is expected to require new programs, oversight, planning, and workforce training;

(5) Shortages of nonrenewable energy resources could threaten the reliable supply of energy in the State;

(6) Inefficient energy consumption leads to increased air pollution from traditional means of producing energy, which may be significantly mitigated by the development of efficiency programs and alternative energy resources;

(7) Growth and inefficient energy usage must be addressed programmatically to continue the social, economic and environmental vitality of the State;

(8) The State must provide for the development of a comprehensive state energy policy which will ensure an adequate, reliable and continuous supply of energy and which is protective of public health and the environment and which promotes our general welfare and economic well-being;

(9) It is in the public interest of the State to evaluate the impact on the transmission system of the offshore wind procurement goals of other states within the PJM region and the potential for procurement of electricity from offshore wind projects by Delaware;

(10) It is in the public interest of the State to evaluate procurement of electricity from offshore wind projects given the potential economic development opportunities of the emerging offshore wind industry, the potential to reduce greenhouse gas emissions and other air pollutants, and the potential for a long-term, large-scale, stable source of electricity for the State; and

(11) The establishment of the State Energy Office is in the public interest and will promote the general welfare by assuring coordinated and efficient management of state energy policy.

(c) It is the purpose and intent of the General Assembly:

(1) To establish the State Energy Office within the Department of Natural Resources and Environmental Control;

(2) To provide for development and maintenance of a comprehensive State Energy Plan;

(3) To provide for the development and maintenance of a state emergency energy shortage contingency plan;

(4) To provide for the development of a state facilities energy management plan;

(5) To reduce, to the maximum extent possible, the environmental consequences of energy generation and use in the State;

(6) To achieve effective management of energy functions within the state government;

(7) To encourage and ensure full and effective public participation in the formulation and implementation of a State Energy Plan.

(8) To provide for the development and implementation of the State’s energy policy and programs in accordance with the State Energy Plan, the Climate Action Plan, and other documents as developed by the Governor’s Energy Advisory Council and adopted by the State Energy Office (“Plans”), giving specific consideration to issues of environmental justice for low- and moderate-income Delawareans as set forth in those Plans;

(9) To support the continuous transition to clean energy, clean transportation, reduced emissions, and energy efficiency use in the State as set forth in the Plans; and

(10) To provide for greater collaboration between federal and state agencies on energy policy matters within the scope of this subchapter.
29 Del. C. § 9016G — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9016G
§ Â
        9016G. Criminal background checks.
Status: in_force

(a) The following individuals must submit to a criminal background check:

(1) Individuals who have received a conditional offer of employment with the Department.

(2) Any contractor or third party that requires access to Department systems, facilities, or data. For the purposes of this section, “third party” shall not include a “user” as defined by § 9017C of this title.

(b) Individuals submitting to a background check must provide fingerprints and other necessary information to the State Bureau of Identification so that the Department may obtain the following:

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

(2) A report of the individual’s entire federal criminal history record information from the Federal Bureau of Investigation or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that individual.

(c) The State Bureau of Identification shall forward all information obtained under subsection (b) of this section to the Department.

(d) The Department has the right to review every criminal background check obtained under this subchapter and make its own determination of the individual’s qualification for employment or access to Department systems, facilities, or data. The Department may conditionally hire an employee, contractor, or volunteer, or grant access to a contractor or third party covered by this subchapter who has been fingerprinted pending the determination of the individual’s qualification for employment or access to Department systems, facilities, or data. If the Department determines that an individual has a disqualifying criminal conviction, the individual may not continue employment or have access to Department systems, facilities, or data.

(e) If a current employee or a contractor actively engaged with the Department obtains a background check under this section, the State Bureau of Identification shall provide all of the following to the Department:

(1) Any subsequent state criminal history record information of the individual.

(2) Any subsequent criminal history record information of the individual available through the “Rap Back System” as defined under § 8502 of Title 11, if the Rap Back System is available.
29 Del. C. § 7964 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7964
§ Â
        7964. Standard of conduct.
Status: in_force

The sponsor and resident manager of each congregate housing facility shall be responsible for publishing and posting in prominent places a standard of conduct for residents which is not disruptive to others within the facility, to the community, or to the residents of neighboring residences or businesses. The use of alcohol or illegal drugs in such facilities is prohibited. Loud or boisterous behavior, music or other noise in violation of state or local noise laws, rules and regulations that deprives other residents of the quiet enjoyment of the facility shall be prohibited at all times, especially between sunset and sunrise.
29 Del. C. § 5010 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5010
§ Â
        5010. Delaware Economic Development Office â Collection and distribution of information; sale of publications [Transferred].
Status: in_force

Transferred to § 8710A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9007E — Delaware Code / Title 29 / Chapter 90E / Section 9007E
§ Â
        9007E. Access to state agencies and records.
Status: in_force

(a) The Inspector General must have reasonable access to a state agency’s records as necessary to conduct a full investigation of a complaint, including all of the following:

(1) Access to records in possession of a grantee or contractor.

(2) The opportunity to interview an employee or any other individual who may have knowledge relating to the complaint under investigation.

(b) The Inspector General has the right, with or without notice, to inspect and copy all relevant information, records, or documents under subsection (a) of this section that the Inspector General considers necessary in an investigation of a complaint under this chapter. The state agency must assist the Inspector General in obtaining the necessary releases for those documents which are specifically restricted or privileged.

(c) Following notification by the Inspector General in a written demand for access to the state agency’s records, the state agency must provide the Inspector General with access to the requested documentation not later than 5 business days after the Inspector General’s written request for the records.

(d) The Inspector General may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to a matter under investigation by the Inspector General. If a person refuses to obey a subpoena issued by the Inspector General, the Inspector General may petition a court of competent jurisdiction for an order requiring that person to appear before the Inspector General to give testimony, produce evidence, or both, relating to the matter under investigation.

(e) The Inspector General shall have the authority to administer or take from any person an oath, affirmation, or affidavit, whenever necessary to perform the Inspector General’s duties.
29 Del. C. § 202 — Delaware Code / Title 29 / Chapter 2 / Section 202
§ Â
        202. Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands.
Status: in_force

(a) The monuments marking the common boundaries between the State and any adjacent state or commonwealth are the joint property of the State and of such adjoining states or commonwealth.

(b) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall examine at least every 5 years the monuments marking the boundaries of this State. Whenever the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall find that the monuments marking the boundary between Delaware and any other state or commonwealth have been lost, moved, removed or defaced so that the boundary thereof becomes obscure, inaccurate or incorrect, the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall cooperate with the state officials of any adjacent state or commonwealth in the replacement, restoration or repair of the monuments on the common boundary line.

(c) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control may on behalf of the State make joint agreements and enter into joint contracts with appropriate officials or agencies of any adjacent state or commonwealth and with the United States Coast and Geodetic Survey or any similar neutral party or agency to resurvey, remark or otherwise delineate more thoroughly any part of any common boundary between the State and any adjacent state or commonwealth or the offshore boundary between the State and the federal government. Any such resurvey shall reproduce with greatest possible fidelity the present established boundaries of this State. In the event that a question arises as to the common boundary between the State and the federal government, or any adjacent state or commonwealth, a 3-member commission shall be appointed by the Governor to act in conjunction with the Secretary of the Department of Natural Resources and Environmental Control and the Director of the Division of Historical and Cultural Affairs in negotiating a final settlement of the matter with the appropriate officials of the federal government, or the adjacent state or commonwealth.

(d) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control, their authorized agents or employees, may enter upon any property for the purpose of examining any boundary monument, except that no entry shall be made during the growing season upon any land planted in crops which might be damaged by such entry.
29 Del. C. § 9005C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9005C
§ Â
        9005C. Communications powers, duties and functions.
Status: in_force

[Transferred to §  9004C of this title by 82 Del. Laws, c. 185, § 1, effective August 5, 2019.]
29 Del. C. § 7203 — Delaware Code / Title 29 / Chapter 72 / Section 7203
§ Â
        7203. Audit of records by Department of Health and Social Services.
Status: in_force

Every hospital which desires to be paid by the Secretary of Finance for medical or surgical care and attention for any indigent sick resident shall on or before the fifteenth day of each month transmit to the Department of Health and Social Services a duly certified statement, as prescribed by the Budget Director, of the record required by § 7202 of this title, for the preceding month, and the Department of Health and Social Services upon receipt thereof shall investigate the facts contained therein, and if they deem it proper or necessary in the making of their investigation, they may make an examination of the hospital’s books, papers and account appertaining thereto. If, after such investigation, the Department of Health and Social Services is satisfied that the facts contained in the submitted record are true and correct, they shall approve for payment by the Secretary of Finance to the hospital of the amount shown to be due by the record; otherwise, the Department of Health and Social Services shall disapprove the same.
29 Del. C. § 6605C — Delaware Code / Title 29 / Chapter 66C / Section 6605C
§ Â
        6605C. Adoption of acceptable use policies.
Status: in_force

(a) A library subject to the provisions of this chapter shall establish and enforce a policy with respect to the acceptable use of its computers for Internet access. The acceptable use policy shall prohibit the use of a library’s computers to facilitate an activity which is illegal under local, state or federal law. The acceptable use policy shall prohibit use of a library’s computers to access obscene materials. Anonymous use of a library’s computers by the public shall be prohibited.

(b) Use of any computer or mobile device at a library shall be governed by the library’s acceptable use policy. All libraries shall post notification to patrons advising them to use personal mobile and computing devices in conformity with the library’s acceptable use policy when at such library and to place appropriate controls on any devices which may be used by minors for whom they are responsible. All users of library-owned computers must be registered library cardholders.

(c) A minor who, prior to August 19, 2005, has been issued a library card which grants the minor unrestricted access to the Internet on the library’s computers, will continue to have the same access after August 19, 2005, subject to the library’s acceptable use policy. A parent or guardian of a minor who wants to change the level of Internet access available to minor must sign a new form indicating the level of access the minor is to have.

(d) Libraries shall implement an Internet access management system which provides parents and guardians with choices for their minor’s use of library-owned computers. In order for a library card to be issued to a minor, a parent or guardian of the minor must accompany the minor to the library to apply for the card and sign a form indicating whether the minor may have access to the Internet on the library’s computers and, if so, the level of access. Subject to the library’s acceptable use policy, a parent or guardian may allow the minor to have unrestricted Internet access or may limit such access to content appropriate for minors. Limited access options may include, but need not be limited to, the use of dedicated computers for minors which are filtered or provide access solely to age-appropriate electronic library collections.

(e) A library shall enforce its acceptable use policy through sanctions, which may include suspension or revocation of library privileges. The public libraries of the State shall communicate with one another in order to determine if a potential user has been sanctioned elsewhere in the State.

(f) A copy of the library’s acceptable use policy and the penalties for violating the policy must be given to all new library patrons with their library cards. A copy must also be posted in the library’s computer area.

(g) Libraries subject to the provisions of this chapter may cooperate to develop uniform standards for acceptable use policies and sanctions for violations of the policies. The libraries may also cooperate to develop a system to communicate with one another about individuals who have been sanctioned for violation of an acceptable use policy.
29 Del. C. § 7910 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7910
§ Â
        7910. Advisory Council to the Division of Developmental Disabilities Services.
Status: repealed

(a) There is established the Advisory Council to the Division of Developmental Disabilities Services.

(b) The Advisory Council to the Division of Developmental Disabilities Services serves in an advisory capacity to the Director of the Division of Developmental Disabilities Services, to consider matters relating to individuals diagnosed with intellectual disabilities or specific developmental disabilities in this State and other matters that the Governor, Secretary of the Department, or Director of the Division of Developmental Disabilities Services may refer to it. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Advisory Council to the Division of Developmental Disabilities Services is composed of 17 members who are appointed by the Governor. Membership is comprised as follows:

(1) Seven members who represent families, service recipients, and self-advocates in the developmental disabilities community and currently receive services from the Division of Developmental Disabilities Services. An Advisory Council member appointed to represent a family member who received services may continue to serve the appointed term if the family member dies before the term expires.

(2) Five members who represent a cross section of service providers in the developmental disabilities community and currently operate in the Division of Developmental Disabilities Services system, including from any of the following:

a. Residential service providers.

b. Day habilitation service providers.

c. Employment service providers.

d. Clinical service providers.

e. Behavioral or mental health service providers.

(3) Five members who are professional advocates representing individuals with disabilities and represent each of the following:

a. Delaware Developmental Disabilities Council.

b. State Council for Persons with Disabilities.

c. Disabilities Law Program at Delaware Community Legal Aid Society, Inc.

d. The Arc of Delaware.

e. Center for Disabilities Studies at University of Delaware.

(d) [Repealed.]

(e) Members of the Council receive no compensation, but may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) The Council shall annually elect a chair from among its members. The chair or vice chair must be an individual with a developmental disability.

(g) The Governor may appoint a member for a term of up to 3 years to ensure that no more than 3 members’ terms expire in a year.

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

(i) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council meetings or attends less than 50% of Council meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation.
29 Del. C. § 5502 — Delaware Code / Title 29 / Chapter 55 / Subchapter I / Section 5502
§ Â
        5502. Employment of pensioners.
Status: in_force

(a) An individual may not receive a service or disability pension under this chapter for any month during which the individual is an employee unless the individual is any of the following and eligible under paragraph (d)(1) of this section:

(1) An official elected by popular vote at a regular state election.

(2) An official appointed by the Governor.

(3) A temporary, casual, seasonal, or substitute employee as defined by the Board of Pension Trustees.

(4) A substitute teacher employed by a school district or charter school in this State.

(5) A temporary justice of the peace appointed pursuant to § 9211 of Title 10.

(6) A per diem employee of the General Assembly.

(b) Nothing in this section shall prevent the State from employing an individual receiving a pension under this chapter as a registration or election official or as a juror. An individual so employed may receive the compensation provided by law without deduction from the individual’s pension.

(c) Nothing in this section shall prevent an employee 55 years of age or older from receiving an elected official service or disability pension.

(d) (1) If an individual is less than 59½ years old, the individual is required to have a a bona fide 3-month separation of service from that individual’s effective date of retirement before any employment under subsection (a) of this section.

(2) During calendar years 2023 and 2024, earnings from employment under paragraph (a)(3) or (a)(4) of this section are subject to an annual earnings limit of $50,000. If an individual exceeded this allowable earned income, the individual’s state pension benefit from this chapter shall be reduced, with a $1.00 deduction for every $2.00 earned over the annual earnings limit. The deduction will begin in July of the year following the calendar year for which the earnings are reported, in a manner as determined by the Board.

(e) Any individual who contracts with an employer participating in the plan or represents any private enterprise that has a contract with an employer participating in the plan must have a 6-month separation of service from such individual's effective date of retirement if the individual is under age 65. The employer shall report to the Board, in a form prescribed by the Board, a certification of the worker’s status for the individual. The certification will be used for a determination of the individual meeting the definition of employee under this chapter.
29 Del. C. § 601 — Delaware Code / Title 29 / Chapter 6 / Section 601
§ Â
        601. Obtaining portraits by gift.
Status: in_force

The Department of State shall continue to obtain, by gift, portraits of the signers of the Declaration of Independence, governors, United States Senators, Representatives, judges of courts, cabinet officers, Naval, Army and Air Force officers and colonial and United States officials who are from Delaware.
29 Del. C. § 2206 — Delaware Code / Title 29 / Chapter 22 / Section 2206
§ Â
        2206. Appropriation.
Status: in_force

The sum of $15,000 shall be paid by the State Treasurer out of the General Fund and out of funds not otherwise appropriated in any year in which the provisions of this chapter are operative. These funds shall be considered as an automatic appropriation.
29 Del. C. § 7906A — Delaware Code / Title 29 / Chapter 79A / Section 7906A
§ Â
        7906A. Registration required.
Status: in_force

All cemetery companies and cemetery owners in this State shall register every 5 years or upon change of ownership with the Cemetery Board and pay the registration fee determined by Department of Health and Social Services in an amount that approximates and reasonably reflects the costs necessary to defray the expenses of the Board. A volunteer may register an abandoned cemetery.
29 Del. C. § 8726 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8726
§ Â
        8726. Division of the Arts; definitions.
Status: in_force

As used in §§ 8727, 8728, 8729, and 8730 of this title:

(1) “Council” means the Delaware State Arts Council created by this chapter.

(2) “Director” means the Director of the Division of the Arts.

(3) “Division” means the Division of the Arts.

(4) “State” means the State of Delaware.
29 Del. C. § 6089 — Delaware Code / Title 29 / Chapter 60D / Section 6089
§ Â
        6089. Miscellaneous provisions.
Status: in_force

(a) Notice and review of determination. — A determination of the Attorney General to not include or to remove from the Directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Chapter 101 of this title.

(b) Applicants for licenses. — No person shall be issued a license or granted a renewal of a license to act as an affixing agent unless such person has certified in writing, under penalty of perjury, that such person will comply fully with this section.

(c) Dates. — For the year 2003, the first report of affixing agents required by § 6087(a) of this title shall be due Aug. 7, 2003; the certifications by a tobacco product manufacturer described in § 6085(a) of this title shall be due Aug. 22, 2003, and the Directory described in § 6085(b) of this title shall be published or made available by Oct. 6, 2003.

(d) Promulgation of regulations. — The Department may promulgate regulations necessary to effect the purposes of this chapter.

(e) Recovery of costs and fees by Attorney General. — In any action brought by the State to enforce this chapter, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney fees.

(f) Disgorgement of profit of violations of chapter. — If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the Delaware Health Fund. Unless otherwise expressly provided the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.

(g) Construction and severability. — If a court of competent jurisdiction finds that the provisions of this chapter and of chapter of this title conflict and cannot be harmonized, then such provisions of Chapter 60C of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter causes Chapter 60C of this title to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.
29 Del. C. § 2708 — Delaware Code / Title 29 / Chapter 27 / Section 2708
§ Â
        2708. Destruction of bonds and coupons.
Status: in_force

The State Treasurer may cause any registration, recording or cancellation agent of the State to destroy any paid, redeemed, called or cancelled bonds and coupons of the State. Such agent shall give the State Treasurer a certificate of destruction or cremation of such bonds and coupons which shall be retained by the State Treasurer.
29 Del. C. § 10111 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10111
§ Â
        10111. Organization regulations; rules of procedure.
Status: in_force

For the benefit of the public, each agency shall adopt the following regulations:

(1) A general description of its organization, its methods of operations and the manner, including addresses and telephone numbers, whereby the public may obtain information and otherwise deal with the agency; and

(2) A statement of the nature and requirements of all rules of practice and procedure used by the agency to exercise its statutory authority in compliance with this chapter.
29 Del. C. § 607 — Delaware Code / Title 29 / Chapter 6 / Section 607
§ Â
        607. Use of automated answering systems by state agencies, limitations.
Status: in_force

All state agencies shall require that the publicly listed telephone number or numbers for that agency be answered by a person who can direct each call to the proper person or department within that agency during normal business hours. Notwithstanding the foregoing, the satellite offices of state agencies which have no more than 1 full-time employee to provide clerical and secretarial services shall be exempt from the requirements of this section. “Publicly listed” shall mean listed in a local telephone directory (i.e., Government Blue Pages). “Normal business hours” shall mean each Monday through Friday, except those days designated as holidays, during the hours in which the staff of that agency is scheduled to work.

Nothing in this section shall prohibit the internal use of voice mail or other advanced technologies if the agency finds them to be useful. However, any such system shall contain within its message a description of normal business hours and a phone number which will be answered by a person during normal business hours. An automated call distribution system in high volume customer service areas designed to minimize waiting times shall be permissible under this section provided that the system provides callers with an option to speak directly with an agency representative if they should choose to do so.
29 Del. C. § 9007 — Delaware Code / Title 29 / Chapter 90 / Section 9007
§ Â
        9007. Exemptions from merit system.
Status: in_force

All of the following positions are exempt from Chapter 59 of this title:

(1) Secretary of the Department of Services for Children, Youth and Their Families.

(2) Deputy Secretary of the Department of Services for Children, Youth and Their Families.

(3) Director of Family Services.

(4) Director of Prevention and Behavioral Health Services.

(5) Director of Youth Rehabilitative Services.

(6) Director of Management Services.

(7) Deputy Directors and private secretaries as provided in Chapter 59 of this title.
29 Del. C. § 7407 — Delaware Code / Title 29 / Chapter 74 / Section 7407
§ Â
        7407. Sale of bonds.
Status: in_force

Sufficient notice of public sale of bonds is deemed to have been given if the notice has been published on the Department of Finance’s website at least once 7 or more days before the date of sale.
29 Del. C. § 8503 — Delaware Code / Title 29 / Chapter 85 / Section 8503
§ Â
        8503. Powers, duties and functions of the Secretary.
Status: in_force

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

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

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

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

b. An administrator and head of the Office of Planning, Research and Evaluation, who shall be known as the Chief of Planning, Research and Evaluation, and who shall be qualified by training and experience to perform the duties of the office;

c. A Director of the Division of Employment Services, who shall be known as the Director of Employment Services, and who shall be qualified by training and experience to perform the duties of the office;

d. A Director of the Division of Unemployment Insurance, who shall be known as the Director of Unemployment Insurance, and who shall be qualified by training and experience to perform the duties of the office;

e. A Director of the Division of Industrial Affairs, who shall be known as the Director of Industrial Affairs, and who shall be qualified by training and experience to perform the duties of the office;

f. A Director of the Division of Vocational Rehabilitation, who shall be known as the Director of Vocational Rehabilitation, and who shall be qualified by training and experience to perform the duties of the office;

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

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

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

(6) 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;

(7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

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

(9) To adopt an official seal or seals for the Department.
29 Del. C. § 8713 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8713
§ Â
        8713. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 5906 — Delaware Code / Title 29 / Chapter 59 / Subchapter II / Section 5906
§ Â
        5906. Composition of the Merit Employee Relations Board.
Status: in_force

(a) The Merit Employee Relations Board shall consist of 5 Board members, including 2 management representatives, 2 labor representatives and a chairperson. The Governor shall appoint, with Senate approval, the members for a term of 3 years, or until their successors are appointed; provided however, that members may be removed at the pleasure of the Governor.

(b) When appointed, members shall be residents of this State for at least 3 years immediately preceding their appointments. One member shall reside in the City of Wilmington, 1 shall reside in the remainder of New Castle County, and 1 each shall reside in each of the other 2 counties of the State. The fifth member may reside anywhere in the State. The qualifications for members shall continue during their term of office.

(c) The Secretary of the Department of Human Resources, or the Secretary’s designee, shall be the liaison between the Board and the Department of Human Resources and shall attend all meetings of the Board. The Secretary shall not participate in the deliberation of any cases before the Board, nor sit with members of the Board, during the hearing or deliberations. The Secretary or the Secretary’s designee shall be limited to representing and/or testifying on behalf of the Department of Human Resources and other state agencies before the Board.

(d) The Merit Employee Relations Board shall have clerical and legal support staff separate from the staff of the Department of Human Resources, and such staff shall be located separate from the Department of Human Resources.
29 Del. C. § 6912 — Delaware Code / Title 29 / Chapter 69 / Subchapter II / Section 6912
§ Â
        6912. Covered agency user groups.
Status: in_force

(a) The Section shall establish, convene and chair user groups for the purchase of a materiel or service or group of materiel and/or services by a central contract or contracts. Convention of a user group may include, but is not limited to, a formal meeting, electronic mail among user group members and/or a teleconference among user group members. The method by which the user group convenes shall be agreed to by all user group members.

(b) The Section shall provide reasonable opportunity for each covered agency to participate in a user group if that covered agency anticipates the purchasing of materiel or service or services or a group of materiel and/or services under a specific central contract to be written and bid. A covered agency not participating in a user group shall not be grounds for an exception to the use of that central contract. A user group shall perform at least the following functions for the materiel or service or group of materiel and/or services to be purchased by a central contract:

(1) Make recommendations on the contents of the contract;

(2) Rate vendors, materials and/or services;

(3) Rate the effectiveness of the contract; and

(4) Qualify a materiel and/or service.
29 Del. C. § 5905 — Delaware Code / Title 29 / Chapter 59 / Subchapter I / Section 5905
§ Â
        5905. Leave regulations for certain exempt positions.
Status: in_force

(a) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue sick leave at the rate of 9.5 hours for each completed calendar month of state service.

(1) Such employees shall have unlimited accrual privileges on unused sick leave.

(2) Sick leave accrual for purposes of cash payment upon separation from state service shall not exceed a maximum of 675 hours.

(b) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue annual leave 13.25 hours for each completed calendar month of service.

(1) Annual leave carried over into a new calendar year may not exceed twice the exempt employee’s annual accrual rate. This determination shall be made as of December 31 of each calendar year, although it shall be possible to accrue and carry in excess of twice the annual accrual rate during the course of a calendar year.

(2) Secretaries of executive departments and/or agency heads are responsible for maintaining a record of their own and their employee’s leave accrual and usage. Such records shall be reviewed by the employee annually during the month of December and such review shall be made a part of the employee’s leave record.

(c) State employees in exempt positions enumerated in subsection (d) of this section, upon termination of state service, shall be compensated for unused annual leave and sick leave consistent with current merit rules. This section also applies to retired Delaware State Police who return to state service and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees Pension Plan.

(d) The leave regulations set forth in this section shall only apply to those full-time appointed exempt positions except elected officials, judges (excluding justices of the peace), casual and seasonal employees, temporary employees and interns.
29 Del. C. § 518 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 518
§ Â
        518. Recovery of records; replevin.
Status: in_force

(a) The chief administrative officer of each state agency and political subdivision of this State shall notify the Delaware Public Archives of any actual, impending or threatened unlawful removal, defacing, alteration or destruction of records that shall come to his or her attention, and with the assistance of the Delaware Public Archives shall initiate action through the Attorney General for recovery of such records as shall have been unlawfully removed and for such other redress as may be provided by law.

(b) Upon the request of the State Archivist and Records Administrator, the Attorney General shall have the authority to enjoin, recover and replevin any public records which have been unlawfully transferred or removed in violation of this subchapter or otherwise transferred or removed unlawfully through whatever means of equitable relief necessary. Such records shall be returned to the office of origin or to the Delaware Public Archives.
29 Del. C. § 5203 — Delaware Code / Title 29 / Chapter 52 / Section 5203
§ Â
        5203. Specifications of the coverage.
Status: in_force

(a) The basic health care insurance plan for state employees shall be equivalent to the “minimum creditable coverage” as defined by applicable federal law and include coverage for contraceptive methods under § 5203A of this title.

(b) (1) The plan shall be for all of the following:

a. Regular employees and eligible pensioners under 65 years of age.

b. Employees and eligible pensioners 65 years of age or over who are not entitled to services, rights, or benefits under the federal Medicare Program, 42 U.S.C. § 1395 et seq.

c. For eligible pensioners entitled to services, rights, or benefits under the federal Medicare Program, a plan that is supplemental to Medicare parts A and B as follows:

1. For eligible pensioners first employed before January 1, 2025, a plan that is comparable to the Special Medicfill Medicare Supplement plan offered under this section on October 1, 2024.

2. For eligible pensioners first employed on or after January 1, 2025, 1 or more Medicare supplement plans that are not high deductible plans.

(2) In addition to a plan under paragraph (b)(1)c. of this section, the coverage may include a plan under Medicare part C for eligible pensioners entitled to services, rights, or benefits under the federal Medicare Program if all of the following apply to the plan:

a. The plan is only for eligible pensioners first employed on or after January 1, 2025.

b. Each eligible pensioner can choose whether to enroll in a plan under paragraph (b)(1)c. of this section or the plan under this paragraph (b)(2).

(c) (1) The basic plan must provide coverage for chronic care management and primary care and coverage at a reimbursement rate that is not less than the Medicare reimbursement for comparable physician services.

(2) Coverage for chronic care management must not be subject to patient deductibles, copayments, or fees.

(3) If a comparable Medicare reimbursement rate is not available, a plan shall reimburse for services at the rates generally available under Medicare for services such as office visits and prolonged preventive services, which may be further delineated by regulation.

(d) The plan may not place any annual or lifetime numerical limitations on physical therapy or chiropractic care visits for the purpose of treating back pain.
29 Del. C. § 5573 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5573
§ Â
        5573. Vested right to service pension.
Status: in_force

(a) A member who has 5 years of credited service shall have a vested right to a pension.

(b) An inactive member’s vested right shall be forfeited upon an application for a refund of the member’s accumulated contributions and cancellation of membership.
29 Del. C. § 9005E — Delaware Code / Title 29 / Chapter 90E / Section 9005E
§ Â
        9005E. Powers and duties.
Status: in_force

(a) The Inspector General shall do all of the following:

(1) Investigate the management and operation of state agencies to determine if there has been fraud, waste, mismanagement, corruption, or any other abuse of governmental resources that harms the public interest, whether through acts or omissions, including all of the following:

a. Business relationships.

b. Retaliation against whistleblowers.

(2) Establish priorities for the Office.

(3) Maintain a statewide toll-free telephone number, collect telephone number, website, e-mail address, and mailing address for the receipt of complaints and inquiries.

(4) Establish procedures to receive, investigate, and resolve complaints, including recommending whether disciplinary action or further investigation by appropriate federal, state, or local agencies is warranted and taking further action as appropriate.

(5) Pursue civil actions on behalf of this State for violations of laws or policies identified through investigations.

(6) Adopt and comply with rules, policies, and procedures necessary to implement this chapter.

(b) The Inspector General shall work collaboratively, including through memoranda of understanding, with all of the following for the purposes of efficiency, coordination, and avoiding duplication of work:

(1) The Attorney General.

(2) The Auditor of Accounts.

(3) The State Public Integrity Commission.

(4) Other investigative or law-enforcement agencies.
29 Del. C. § 5112 — Delaware Code / Title 29 / Chapter 51 / Section 5112
§ Â
        5112. Employees not to be supplied with, nor reimbursed for, food consumed during working hours; exceptions.
Status: in_force

(a) No full-time employee of the State whose salary is paid by the State shall receive any additional stipend for the purchase of food, be supplied with food or be reimbursed for food that was consumed during normal working hours within the State.

(b) Subsection (a) of this section shall not apply to:

(1) Employees of state agencies who regularly receive wages in kind in addition to their salaries;

(2) Employees of the Division of Small Business;

(3) The expenditures of funds for food supplies as part of employee recognition activities established pursuant to § 5950 of this title;

(4) The expenditures of funds for food supplied as part of an agency training function, such as a retreat or workshop, held away from the agency’s home location.

(5) State Police recruits during the period of their training; or

(6) Circumstances where approval has been granted by the Director of the Office of Management and Budget and the Controller General.
29 Del. C. § 7810 — Delaware Code / Title 29 / Chapter 78 / Section 7810
§ Â
        7810. Disputes.
Status: in_force

The Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor shall settle any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government. The Governor’s decision is final.
29 Del. C. § 319 — Delaware Code / Title 29 / Chapter 3 / Section 319
§ Â
        319. State marine animal.
Status: in_force

The official state marine animal is the horseshoe crab.
29 Del. C. § 9006B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9006B
§ Â
        9006B. Days open; duty to attend office; deputies.
Status: in_force

(a) State row offices shall be open each day except legal holidays, Saturdays and Sundays.

(b) A state row officer shall not refuse or neglect to attend at the office for the transaction of business, as required in subsection (a) of this section.

(c) A deputy of any state row officer may attend for the performance of such services as required in subsection (a) of this section, as are strictly ministerial.
29 Del. C. § 4869 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4869
§ Â
        4869. Disposition of fees.
Status: in_force

[Transferred to § 2301(d)(3) of Title 30 by 81 Del. Laws, c. 371, § 1, effective August 10, 2018.]
29 Del. C. § 7805 — Delaware Code / Title 29 / Chapter 78 / Section 7805
§ Â
        7805. Enabling authority for emergency interim successors for certain political subdivision offices.
Status: in_force

(a) With respect to municipal and county offices for which the legislative bodies of municipalities and counties may enact resolutions or ordinances relative to the manner in which vacancies are to be filled or temporary appointments to office made, such legislative bodies are authorized to enact resolutions or ordinances providing for emergency interim successors to municipal and county offices.

(b) A resolution or ordinance adopted under this section may not be inconsistent with this chapter.
29 Del. C. § 701 — Delaware Code / Title 29 / Chapter 7 / Section 701
§ Â
        701. Designation of meetings of General Assembly.
Status: in_force

(a) (1) The meetings of the General Assembly are to be designated by numbers with a new consecutive number designated every 2 calendar years. The General Assembly sitting in 1961 and 1962 is to be designated as the 121st General Assembly.

(2) The session of the General Assembly commencing on the first Tuesday of January, 1961, is to be designated as the first regular session of the 121st General Assembly. The session of the General Assembly commencing on the first Tuesday of February, 1962, is to be designated as the second regular session of the 121st General Assembly.

(3) After the 121st General Assembly, a subsequent regular session of the General Assembly commencing in an odd year is to be designated as the first regular session of a General Assembly and a regular session commencing in an even year is to be designated as the second regular session of a General Assembly.

(b) A special session of a General Assembly is to be designated through a distinguishing designation.

(c) The method of designation under this section must be used in all official references to the General Assembly and its sessions.
29 Del. C. § 10405 — Delaware Code / Title 29 / Chapter 104 / Section 10405
§ Â
        10405. Transmission of notice of proposed regulation to General Assembly standing committees; comments [For application of this section, see 80 Del. Laws, c. 112, Ââ7].
Status: in_force

Upon receipt of a notice from an agency pursuant to § 10115 of this title that includes an agency regulatory statement, the Registrar of Regulations shall forthwith transmit such notice and agency regulatory statement to, and obtain the comments, if any, of, the appropriate standing committees of the General Assembly with oversight responsibilities for legislation affecting that agency with respect to the potential impact of such proposed regulation upon individuals and/or small businesses. Nothing in this section shall require any standing committee to meet, to consider any notice hereunder, or to provide any comments in connection herewith.
29 Del. C. § 7502 — Delaware Code / Title 29 / Chapter 75 / Section 7502
§ Â
        7502. Applicability of this chapter; relation to authorization act.
Status: in_force

(a) Unless otherwise provided in any school construction bond authorization act this chapter, in addition to Chapter 74 of this title, shall apply to and control all school construction financed by the issuance of bonds and notes of the State for the purpose of school construction and the issuance of said bonds and notes and to the appropriations for school construction contained in the school construction bond authorization act.

(b) The provisions of this chapter are hereby incorporated in any school construction bond authorization act unless specifically excepted therefrom and shall be deemed a part of any school construction bond authorization act just as if contained verbatim in the school construction bond authorization act.
29 Del. C. § 8793A — Delaware Code / Title 29 / Chapter 87A / Subchapter IX / Section 8793A
§ Â
        8793A. Reports to Secretary of Finance.
Status: in_force

(a) The Secretary of Finance is authorized to make such rules and regulations requiring any issuer allocated a volume cap for any calendar year under § 8791A of this title to file with the Secretary of Finance such reports as the Secretary of Finance may deem necessary to carry out the purposes of this subchapter. Any such reports required by the Secretary of Finance shall contain at least the following information with respect to each obligation issued or planned to be issued by such issuer:

(1) A brief description of the project financed or to be financed by such obligation;

(2) The amount of such obligation that is subject to such issuer’s volume cap, and, to the extent that any portion of such obligation is claimed to be not subject to its volume cap, an opinion of bond counsel to that effect;

(3) The date of issuance of such obligation or the date of preliminary approval if such obligation has not yet been issued; and

(4) A status report on the issuance, including the anticipated date of issue, if not yet issued.

(b) A copy of any report required by the Secretary of Finance pursuant to subsection (a) of this section shall be filed with the Secretary of Finance. In turn, the Secretary of Finance shall compile such reports and distribute the compilation to each issuer.
29 Del. C. § 5810 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5810
§ Â
        5810. State Public Integrity Commission â Complaints; hearings; dispositions.
Status: in_force

(a) Upon the sworn complaint of any person or on its own initiative, the Commission may refer to the Commission Counsel for investigation any alleged violations of this chapter. The Commission Counsel shall be the prosecuting attorney in disciplinary proceedings before the Commission. In any such investigation or proceeding, a defendant shall be given an opportunity to be heard after notice, to be advised and assisted by legal counsel, to produce witnesses and offer evidence, and to cross-examine witnesses. A transcript of any such proceeding shall be made and retained, subject to the confidentiality requirements of subsection (h) of this section.

(b) A member of the Commission shall be ineligible to participate, as a member of the Commission, in any commission proceeding relating to such member’s conduct. A member of the Commission who has been found by the Commission to have violated this chapter shall be ineligible to serve again as a member of the Commission.

(c) A member of the Commission may disqualify himself or herself from participating in any investigation of the conduct of any person upon submission in writing and under oath of an affidavit of disqualification stating that the member cannot render an impartial and unbiased decision in the case in which the member seeks to disqualify himself or herself.

(d) With respect to any violation with which a person has been charged and which the Commission has determined as proved, the Commission may take any 1 or more of the following actions:

(1) Issue a written reprimand or censure of that person’s conduct.

(2) With respect to a state employee or state officer, other than an elected official, remove, suspend, demote or take other appropriate disciplinary action with respect to that person, without regard to any limits imposed by Chapter 59 of this title but within the limits of the Constitution and other laws of the State.

(3) With respect to an honorary state official, recommend that appropriate action be taken to remove the official from office.

(e) In any proceeding before the Commission, upon the request of any person charged with a violation of this chapter, such person shall be permitted to inspect, copy or photograph books, papers, documents, photographs or other tangible objects which will be used as evidence against that person in a disciplinary hearing and which are material to the preparation of a defense.

(f) In any proceeding before the Commission, if the Commission Counsel or the Commission at any time receives any exculpatory information respecting an alleged violation against any person, it shall forthwith make such information available to such person.

(g) Any person charged with a violation of this chapter may apply to the Commission for the issuance of subpoenas for the appearance of witnesses and for the production of documents on the person’s behalf. The application shall be granted upon a concise showing by such person that the proposed testimony or evidence is relevant (or is reasonably calculated to lead to the discovery of relevant evidence) and is not otherwise available. The application shall be denied if not made at a reasonable time or if the testimony or evidence would be merely cumulative.

(h) (1) All proceedings relating to a charged violation of this chapter shall be maintained confidential by the Commission unless:

a. Public disclosure is requested in writing by the person charged; or

b. the Commission determines after a hearing that a violation has occurred.

(2) Notwithstanding the confidentiality requirements of paragraph (h)(1) of this section, the Commission shall make available for public inspection the record of all proceedings relating to any decision of the Commission which is appealed to Superior Court and the Commission shall report to appropriate federal or state authorities any substantial evidence of a violation of any criminal law which comes to its attention in connection with any proceeding under this chapter.

(3) The chairperson of the Commission shall, with the approval of the Commission, establish such procedures as in the chairperson’s judgment may be necessary to prevent the disclosure of any record of any proceedings or other information received by the Commission or its staff except as permitted by this chapter.
29 Del. C. § 8018 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8018
§ Â
        8018. Exemptions.
Status: repealed

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

(1) Secretary of Natural Resources and Environmental Control;

(2) Director of Fish and Wildlife;

(3) Director of Parks and Recreation;

(4) Director of Watershed Stewardship;

(5) Director of Air Quality;

(6) Director of Waste and Hazardous Substances;

(7) Director of Water;

(8) [Repealed.]

(9) Director of Energy and Climate.
29 Del. C. § 8312 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8312
§ Â
        8312. Employees; definitions and references in other laws.
Status: in_force

(a) All employees of any commission, board, department, council or agency, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

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

(c) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. § 8730 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8730
§ Â
        8730. Division of the Arts â Exemption from Bid Law.
Status: in_force

The Division shall be exempt from Chapter 69 of this title.
29 Del. C. § 6076 — Delaware Code / Title 29 / Chapter 60B / Section 6076
§ Â
        6076. Emergency and special appropriations.
Status: in_force

(a) In the event of an emergency involving the health, safety or welfare of the citizens of the State, any portion of the balance remaining in the Fund may be expended pursuant to an act of appropriation passed by 3/5 of all the members elected to each house of the General Assembly.

(b) In the event of cutbacks in federal funding of Delaware state programs affecting the health, safety or welfare of the citizens of the State, and upon recommendation by the Joint Finance Committee, any portion of the balance remaining in the Fund may be expended pursuant to an act of appropriation.
29 Del. C. § 4809 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4809
§ Â
        4809. Restrictions on ticket sales; penalties.
Status: in_force

(a) No person shall sell a ticket for any type of lottery game at a price greater than that fixed by rule or regulation of the Director. No person other than a licensed lottery sales agent or a licensed sports lottery agent shall sell lottery tickets or shares, except that nothing in this section shall be construed to prevent any person from giving lottery tickets to another as a gift or bonus.

(b) Any person convicted of violating this section shall pay a fine not exceeding $500.
29 Del. C. § 1703 — Delaware Code / Title 29 / Chapter 17 / Section 1703
§ Â
        1703. Definitions.
Status: in_force

As used in this chapter:

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

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

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

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

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

(3) “Incumbent member” means the individual holding an office under this chapter before the emergency event.

(4) “Member” means a member of the General Assembly under Article II of the Delaware Constitution.

(5) “Unavailable” means absent from the place of session other than on official business of the General Assembly or unable, for physical, mental, or legal reasons, to exercise the powers and discharge the duties of a member of the General Assembly, whether or not such absence or inability would give rise to a vacancy under the Delaware Constitution or other law of this State.
29 Del. C. § 9009 — Delaware Code / Title 29 / Chapter 90 / Section 9009
§ Â
        9009. Assumption of powers.
Status: repealed

As of the effective date of this chapter, the Department shall have the power to perform and shall be responsible for the performance of all powers, duties and functions relating to the provision of child protective services, child mental health services, youth correctional services and youth probation services heretofore vested by law in the Department of Health and Social Services, Division of Mental Health and Division of Child Protective Services, the Department of Correction, Bureau of Juvenile Correction and Family Court. These powers, duties and functions shall include, but are not limited to, the following:

(1) The powers and duties of the Division of Child Protective Services, Department of Health and Social Services, prescribed in Chapter 9 of Title 16, subchapters I, II, III, IV, V of Chapter 3 of Title 31 and Chapter 27 of Title 31; and Chapters 9 and 11 of Title 13;

(2) The powers and duties of the Bureau of Juvenile Correction, Department of Correction, prescribed in Chapters 51, 52 and 53 of Title 31;

(3) The powers and duties of the Division of Mental Health, Department of Health and Social Services that pertain to the provision of mental health services to children and youth, as prescribed in Chapter 53 of Title 16 [repealed]; and

(4) The powers and duties of the Department of Services for Children, Youth and Their Families, prescribed in Chapter 90 of this title.
29 Del. C. § 5101 — Delaware Code / Title 29 / Chapter 51 / Section 5101
§ Â
        5101. Oath of office; fee.
Status: in_force

Every person elected or appointed to any public office of trust or profit in this State, before entering upon the duties of such office, shall take and subscribe the oaths or affirmations set forth in article XIV of the Delaware Constitution. Such oaths, reduced to writing, duly signed and certified, shall be recorded in the office of the recorder of the county of the official’s residence. No fee shall be required by the recorder of any person appointed by the Governor to serve as a volunteer member of an advisory council.
29 Del. C. § 5580 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5580
§ Â
        5580. Withdrawal benefit.
Status: in_force

Upon the withdrawal from service of a member who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the member.
29 Del. C. § 8907 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8907
§ Â
        8907. Assumption of functions.
Status: in_force

The Department of Correction, through appropriate bureaus, agencies and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions which were the previous responsibilities of the Division of Adult Corrections immediately prior to July 1, 1975, and which are not otherwise specifically transferred to the Department by this chapter.
29 Del. C. § 3904 — Delaware Code / Title 29 / Chapter 39 / Section 3904
§ Â
        3904. Functions of the Commission.
Status: in_force

It shall be the function of the Commission to:

(1) Carry forward the participation of this State as a member of the Council of State Governments;

(2) Encourage and assist the legislative, executive, administrative and judicial officials and employees of this State to develop and maintain friendly contact by correspondence, by conference and otherwise with officials and employees of the other states, of the federal government and of local units of government;

(3) Endeavor to advance cooperation between this State and other units of government whenever it seems advisable to do so by formulating proposals for and by facilitating:

a. The adoption of compacts;

b. The enactment of uniform or reciprocal statutes;

c. The adoption of uniform or reciprocal administrative rules and regulations;

d. The informal cooperation of governmental offices with one another;

e. The personal cooperation of governmental officials and employees with one another individually;

f. The interchange and clearance of research and information; and

g. Any other suitable process;

(4) Do all such acts as will, in the opinion of this Commission, enable this State to do its part, or more than its part, in forming a more perfect union among the various governments in the United States and in developing the Council of State Governments for that purpose.
29 Del. C. § 9044C — Delaware Code / Title 29 / Chapter 90C / Subchapter IV / Section 9044C
§ Â
        9044C. Authority; staffing [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, Â 3].
Status: in_force

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

(b) The Chief Information Officer of the Department shall provide staff support to the Commission.
29 Del. C. § 5068 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5068
§ Â
        5068. Inconsistent laws inapplicable; facsimile signatures [Transferred].
Status: in_force

Transferred to § 8768A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5124 — Delaware Code / Title 29 / Chapter 51 / Section 5124
§ Â
        5124. Unpaid leaves of absence.
Status: in_force

(a) An unpaid leave of absence may not be granted to a state employee for the purpose of serving a term of incarceration imposed upon the employee after a conviction as defined in § 222(3) of Title 11.

(b) The term “state employee” means an employee in any position of state employment, except a constitutionally created position or an elected position. State employees include, but are not limited to: classified service positions; merit comparable positions; school district employees; and employees of the Delaware State Police.
29 Del. C. § 5710 — Delaware Code / Title 29 / Chapter 57 / Section 5710
§ Â
        5710. Referenda and certification.
Status: in_force

(a) With respect to employees of the State, the Governor is empowered to authorize a referendum, the cost of such referendum to be borne by the State, and, with respect to the employees of any political subdivision, the Governor shall authorize a referendum upon request of the governing body of such subdivision, the cost of such referendum to be borne by the political subdivision; and in either case the referendum shall be conducted, and the Governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of § 218(d)(3) of the Social Security Act [42 U.S.C. § 418(d)(3)], on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision thereof should be excluded from or included under an agreement under this chapter. The notice of referendum required by § 218(d)(3)(C) of the Social Security Act [42 U.S.C. § 418(d)(3)(C)] to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors and the liabilities to which they will be subject if their services are included under an agreement under this chapter.

(b) Upon receiving evidence satisfactory to the Governor that with respect to any such referendum the conditions specified in § 218(d)(3) of the Social Security Act have been met, the Governor shall so certify to the Secretary of Health, Education and Welfare.
29 Del. C. § 4308 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4308
§ Â
        4308. Oath of office.
Status: in_force

A notary public shall take and subscribe the oath or affirmation prescribed by Article XIV of the Constitution of this State. A notary public is exempt from the recordation of the oath of office prescribed by § 9605(a) of Title 9. A notary public may not perform notarial acts until a copy of the fully executed oath is received by the Secretary of State in an electronic or paper document format deemed acceptable by the Secretary of State.
29 Del. C. § 5008 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5008
§ Â
        5008. Tourism Advisory Board [Transferred].
Status: in_force

Transferred to § 8708A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8080 — Delaware Code / Title 29 / Chapter 80 / Subchapter IV / Section 8080
§ Â
        8080. Short title.
Status: in_force

This act shall be known and may be cited as the “Clean Water for Delaware Act.”
29 Del. C. § 2540 — Delaware Code / Title 29 / Chapter 25 / Subchapter IV / Section 2540
§ Â
        2540. Short title.
Status: in_force

This subchapter shall be known as the “Common Interest Community Ombudsperson Act.”
29 Del. C. § 5579 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5579
§ Â
        5579. Death benefit.
Status: in_force

Upon the death of a member, inactive member, retired member or individual receiving a survivor’s pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made.
29 Del. C. § 7311 — Delaware Code / Title 29 / Chapter 73 / Section 7311
§ Â
        7311. Penalties.
Status: in_force

(a) Any person who violates any provision of this chapter or the regulations of the Board shall be guilty of a class B misdemeanor and fined as provided in § 4207 of Title 11.

(b) Whenever any person is convicted of a misdemeanor hereunder, no public construction contract with the State shall be awarded to or received by such person or any firm, partnership, or corporation in which such person has an interest until the expiration of 1 year from the date sentence was pronounced and any fine has been paid in full.

(c) The Superior Court shall have jurisdiction of offenses under this section.
29 Del. C. § 7513 — Delaware Code / Title 29 / Chapter 75 / Section 7513
§ Â
        7513. Division of a school district.
Status: in_force

In the event that an existing school district is divided into 2 or more school districts, the maximum total cost, the maximum state share and the maximum local share of the school construction program, as authorized for the existing district by any school construction bond authorization act, shall be determined and allocated among the resulting districts by the State Board of Education by taking into consideration the same factors prescribed by § 7509 of this title in determining the necessity for the school construction program in such resulting school districts. The aggregate amounts so determined by the State Board of Education to be allocated to such resulting districts shall not exceed the amount of the maximum total cost, maximum state share and maximum local share, respectively, in the pertinent school construction bond authorization act with respect to the original school district so divided. Such allocated amounts shall be in lieu of the amounts set forth in any school construction bond authorization act for the original school district, and applicable to certificates of necessity issued pursuant to the school construction bond authorization act and this chapter.
29 Del. C. § 6926 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6926
§ Â
        6926. Multiple source contracting.
Status: in_force

An agency may award a contract for a particular materiel or nonprofessional service to 2 or more firms if the agency head makes a determination that such an award is in the best interest of the State. If such a determination is made, the advertisement shall include a notification of the right of the agency to make such an award and the criteria upon which such an award shall be based.
29 Del. C. § 7109 — Delaware Code / Title 29 / Chapter 71 / Section 7109
§ Â
        7109. Procurement of Delaware state-owned vehicles; zero emission vehicle fleet plan.
Status: in_force

(a) In pursuit of a zero emission vehicle state fleet, the State shall ensure the following:

(1) Fifteen percent of passenger vehicles and light duty vehicles owned and operated by the State shall be zero emission vehicles by 2026.

(2) Twenty-five percent of passenger vehicles and light duty vehicles owned and operated by the State shall be zero emission vehicles by 2029.

(3) Fifty percent of passenger vehicles and light duty vehicles owned and operated by the State shall be zero emission vehicles by 2032.

(4) All passenger vehicles and light duty vehicles owned and operated by the State shall be zero emission vehicles by 2040.

(b) The Office of Management and Budget shall submit an implementation report regarding the goals set forth in subsection (a) of this section beginning on January 31, 2026, and every 3 years thereafter until 2040.

(c) By January 31, 2035, the Office of Management and Budget shall submit a report detailing recommendations for further reduction of carbon emissions and decreasing the environmental impact of the statewide fleet system.

(d) The reports in subsections (b) and (c) of this section shall be delivered to the Clerk of the House of Representatives, the Secretary of the Senate, the Director of the Legislative Services, and the Director of the Public Archives.

(e) If zero emission vehicle technology improves faster than expected, the State shall make every effort to surpass the goals required by subsection (a) of this section.

(f) The Office of Management and Budget may grant exemptions from the requirements of this section to the extent that the vehicles required by this section are not available or do not meet the specific needs of an agency.

(g) This section shall not apply to the following vehicles:

(1) Law-enforcement and emergency vehicles of Delaware state agency law-enforcement and emergency personnel.

(2) All vehicles owned or operated by the Department of Education, school districts, and charter schools.

(3) Vehicles designated for take home use prior to the year 2035.

(h) For purposes of this section:

(1) “Passenger vehicles” and “light duty vehicles” shall mean as defined in state regulations promulgated by the Department of Natural Resources and Environmental Control.

(2) “Zero emission vehicle” means a battery electric vehicle, a hydrogen fuel cell electric vehicle, or a plug-in hybrid electric vehicle with a battery range that is sufficient to meet the vehicle’s regular mileage between charges.
29 Del. C. § 5600 — Delaware Code / Title 29 / Chapter 56 / Section 5600
§ Â
        5600. Definitions.
Status: in_force

For purposes of this chapter:

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

(2) “Closed plan” means the eligibility and benefit pensions under this chapter in effect on June 30, 1980.

(3) “Commissioner” means an individual appointed under § 511, § 915, or § 1315 of Title 10.

(4) “Final average compensation” means the member’s average annual compensation during the member’s highest paid 3 years, comprised of 3 periods of 12 consecutive months, for service as a state judicial officer, or the average annual compensation during the period of the member’s service as a state judicial officer if such period is less than 3 years.

(5) “Magistrate in Chancery” means an attorney designated by, and serving at the pleasure of, the Chancellor of the Court of Chancery on a full-time basis.

(6) “Member” means a state judicial officer who accepts the provisions of this chapter.

(7) “Service” means all of the following:

a. Employment as a state judicial officer.

b. Years of service as an “employee” as defined in § 5501(f)(1), (f)(2), and (f)(3) of this title, excluding service as an elected official. It does not include service for which the employee has received the refund provided by § 5523(b) of this title, unless such refund is first repaid with interest at a rate determined by the Board.

c. Employment with the Municipal Court for the City of Wilmington prior to January 1998 if the individual is subsequently employed as a state judicial officer. An individual may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual’s first benefit check or not later than March 23, 2003 (whichever is later), of 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.

(8) “State judicial officer” means an individual who is appointed to the Delaware state judiciary.

(9) “State judiciary” means the officers listed in § 2 of Article IV of the Delaware Constitution and any other officer for whom all of the following apply:

a. Is appointed by 1 of the following methods:

1. By the Governor with confirmation by the Senate, as prescribed under Article IV of the Delaware Constitution.

2. As prescribed by §§ 511, 915, and 1315 of Title 10, for a Commissioner.

3. By the Chancellor of the Court of Chancery, for a Magistrate in Chancery.

b. Receives the officer’s entire remuneration as a state judicial officer in the form of a salary paid by this State.

c. Is by law during this tenure of office either prohibited from practicing law, or else prohibited from engaging in any other gainful occupation.
29 Del. C. § 2712 — Delaware Code / Title 29 / Chapter 27 / Section 2712
§ Â
        2712. Method of payment of State officials and employees.
Status: in_force

(a) (1) Effective upon the implementation of the new payroll system, the salaries of all State officials and employees, including the Governor, shall be paid bi-weekly. The bi-weekly rate shall be determined by dividing the annual salary by 26. All state officials and employees who leave state service shall receive full payment for all days worked in their final lagged paycheck. Public and higher education employees, whether they elect payment over 10 or 12 months, shall receive their full contract amount. Public and higher education, 10-month contractual employees who elect payment over the contract period shall receive the exact annual salary stated in the contract, divided by 22.

(2) The bi-weekly payment shall represent earnings for the period ending 14 days prior to the checkdate for all state officials and employees except the Governor. Effective upon the inauguration of the Governor in January 2001, the salary of the Governor shall also be lagged 1 pay cycle.

(3) If any of the dates of payment specified herein should occur on a holiday, payment shall be made on the last working day prior to such holiday. The payment of wages, as outlined herein, shall be made from funds authorized for the period in which the payment is made.

(b) Methods of payment may include checks, drafts, direct deposits and electronic funds transfers.

(c) The Chief Justice and Justices of the Supreme Court, Chancellor and Vice Chancellors of the Court of Chancery, President Judge and Judges of the Superior Court, Chief Judge and Judges of the Court of Common Pleas and Chief Judge and Judges of the Family Court shall be paid a salary in accordance with the lag payroll set forth in paragraphs (a)(1) and (a)(2) of this section.

(d) Those judicial officers, as set forth in subsection (c) of this section, who were employed in such positions on December 31, 1994, shall receive a lag pay adjustment on August 15, 1995, equal to 1/24 one twenty-fourth of the base pay in effect on July 15, 1995. This is a 1-time adjustment to enable implementation of the lag payroll system effective August 1, 1995, with respect to those judicial officers in office as of December 31, 1994, on the same basis afforded to the other state officials and employees except the Governor, employed by the State on that same date in positions set forth in 69 Del. Laws, c. 291, § 10(a). This lag pay adjustment is not a salary increase and is not available to judicial officers who were not employed in such positions on December 31, 1994.

(e) Judicial officers, as set forth in subsection (c) of this section, whose service commenced after December 31, 1994, shall participate in the lag payroll on the same terms and conditions as other participating employees of the State hired after that same date.

(f) (1) Notwithstanding any other provision of law, all state wage and salary payments shall be paid to employees who begin to receive such payments on or after January 1, 1996, and recipients of state retirement payments who begin to receive such retirement payments on or after January 1, 1996, by electronic funds transfer, unless another method has been determined by the Secretary of Finance to be appropriate.

(2) Each recipient of state wage, salary or retirement payments shall designate 1 financial institution and associated account and provide the payment authorizing information necessary for the recipient to receive electronic funds transfer payments through each institution so designated.

(3) The Secretary of Finance may waive the requirements of paragraph (f)(1) of this section for any state employee upon request by the head of an agency or school district under standards prescribed by the Secretary of Finance.

(4) The Director of the Office of Management and Budget may waive the requirements of paragraph (f)(1) of this section for any state pensioner upon request by the pension administrator under standards prescribed by the Director of the Office of Management and Budget.
29 Del. C. § 9014B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9014B
§ Â
        9014B. Cancellations of bonds.
Status: in_force

The several bonds and recognizances of the several officers provided for in this subchapter shall be cancelled 3 years after the expiration of the terms of office of the several officers and shall after such time cease to be a lien on any property of any kind of the several officers or their respective bondspersons.