29 Del. C. § 8519 — Delaware Code / Title 29 / Chapter 85 / Section 8519
§ Â
        8519. 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 division or subdivision thereof, shall continue to exist with respect to such act or acts as are hereafter performed by the Department or by the division or office to which such function is transferred and each appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 5059 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5059
§ Â
        5059. Limitation on liability of State [Transferred].
Status: in_force

Transferred to § 8759A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5213 — Delaware Code / Title 29 / Chapter 52 / Section 5213
§ Â
        5213. Coverage for epinephrine autoinjectors.
Status: in_force

(a) For purposes of this section, “epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(b) The plan shall provide coverage for medically-necessary epinephrine autoinjectors by including at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier.
29 Del. C. § 8309 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8309
§ Â
        8309. Exemptions.
Status: in_force

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

(1) Secretary of Finance;

(2) Director of Accounting;

(3) Director of Revenue;

(4) State Lottery Director.
29 Del. C. § 5220 — Delaware Code / Title 29 / Chapter 52 / Section 5220
§ Â
        5220. Pharmacist services reimbursement.
Status: in_force

(a) The plan must provide reimbursement to a pharmacist for a service or procedure at a rate not less than that provided to other nonphysician practitioners if the service or procedure is all of the following:

(1) Within the scope of practice of a pharmacist.

(2) Would otherwise be covered under the policy, plan, or contract if the service or procedure is provided by any health-care service provider or practitioner, including a physician, advance practice registered nurse, or physician assistant.

(b) Whenever a service is performed by a licensed pharmacist and reimbursed by the plan, the licensed pharmacist must be granted such rights of participation, plan admission, and registration as may be granted by the plan to any health-care service provider or practitioner, including a physician, advance practice registered nurse, or physician assistant performing such a service.
29 Del. C. § 2317 — Delaware Code / Title 29 / Chapter 23 / Section 2317
§ Â
        2317. Furnishing of copies of acts to state or county officers.
Status: in_force

(a) Upon request of any state or county officer, the Delaware Public Archives shall furnish to the officer, without cost, a certified copy of any act of the General Assembly pertaining to the duties of the official making the request.

(b) The Secretary of State shall, at the end of each session of the General Assembly, send to the Auditor a certified copy of any act passed during the session granting a tax for the support of government or concerning any duty to be performed by the Secretary.
29 Del. C. § 6964 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6964
§ Â
        6964. Contract performance.
Status: in_force

If any firm entering into a public works contract neglects or refuses to perform or fails to comply with its terms, the agency may terminate the contract and proceed to award a new contract in accordance with this subchapter or may require the surety on the performance bond to complete the contract in accordance with the terms of the performance bond.
29 Del. C. § 7985 — Delaware Code / Title 29 / Chapter 79 / Subchapter VIII / Section 7985
§ Â
        7985. Delaware Rare Disease Advisory Council.
Status: in_force

(a) The Delaware Rare Disease Advisory Council (Council) shall be established within the Office of the Lieutenant Governor to advise the General Assembly and other government agencies and departments, as appropriate, on the needs of individuals with rare diseases living in Delaware.

(b) The Council shall conduct the following activities to benefit rare disease patients in Delaware:

(1) Convene public hearings, make inquiries, and solicit comments from the general public in Delaware to assist the Council with a landscape or survey of the needs of rare disease patients, caregivers, and providers in the State.

(2) Consult with experts on rare diseases on the Council and externally, as needed, to develop policy recommendations to improve patient access to and quality of rare disease specialists, affordable and comprehensive health-care coverage, relevant diagnostics, timely treatment, and other needed services.

(3) Research and make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of coverage, cost-sharing, tiering, or other utilization management procedures on the provision of treatment and care services.

(4) Research and identify priorities related to treatments and services provided to persons with rare diseases in Delaware, and develop policy recommendations that include safeguards against discrimination for these populations on such issues, including in disaster and public health emergency-related planning.

(5) Publish a list of existing, publicly-accessible resources on research, diagnosis, treatment, and education relating to the rare diseases in Delaware on the Council’s website.

(6) Identify areas of unmet need for research that can inform future studies and reports by the Council.

(7) Establish resources for academic institutions, state agencies, health-care professionals, and other entities to provide training to employees on rare diseases in Delaware.

(8) Identify and distribute educational resources for health-care providers to foster recognition and optimize treatment of rare diseases in Delaware.

(9) Research and identify best practices to reduce health disparities and achieve health equity in the research, diagnosis, and treatment of rare disease in Delaware.

(10) Establish best practices and protocols to use during a state of emergency to aid rare disease patients.

(c) The Council is comprised of 14 members:

(1) One representative from an academic research institution in the State that receives any grant funding for rare disease research, appointed by the Governor.

(2) One member of the Delaware House of Representatives, appointed by the Speaker of the House.

(3) One member of the Delaware State Senate, appointed by the President Pro Tempore.

(4) The Secretary of the Department of Health and Social Services serving by virtue of position, or the Secretary’s designee.

(5) The Insurance Commissioner serving by virtue of position, or the Commissioner’s designee.

(6) One geneticist licensed and practicing in Delaware, appointed by the Governor.

(7) One registered physician, nurse, or advanced practice registered nurse licensed and practicing in Delaware with experience treating rare diseases, appointed by the Governor.

(8) One hospital administrator, or their designee, from an acute care hospital in Delaware that provides care to persons diagnosed with a rare disease, appointed by the Governor.

(9) A Delaware resident who either has a rare disease or has experience caring for a person with a rare disease.

(10) A second Delaware resident who either has a rare disease or has experience caring for a person with a rare disease.

(11) One administrator, or their designee, from a biopharma manufacturer, appointed by the Governor.

(12) One licensed genetic counselor, appointed by the Governor.

(13) A pharmacist with experience dispensing drugs used to treat rare diseases, appointed by the Governor.

(14) A member of the scientific community who is engaged in rare disease research, including, but not limited to, a medical researcher with experience conducting research on rare disease, appointed by the Governor.

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

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

(f) Reporting. —

(1) The Council shall submit a report to the Governor by July 26, 2026, and every 3 years thereafter.

(2) A draft of the annual report shall be provided for public comment and discussed at an open public meeting, before it is completed and submitted to the Governor.

(3) Reports shall:

a. Describe the accomplishments and progress of the Council in conducting the activities set forth above.

b. Provide recommendations to the Governor and General Assembly on ways to address the needs of people living with rare diseases in Delaware.

(g) The University of Delaware Institute for Public Administration shall staff the Council. An annual line item allocation of funding must be provided to the Council to support the operational services carried out by the University of Delaware.
29 Del. C. § 4816 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4816
§ Â
        4816. Post-audit of accounts and transactions of Office.
Status: in_force

The State Auditor shall conduct a yearly post-audit of all accounts and transactions of the State Lottery Office. The cost of the audit shall be paid out of the State Lottery Fund moneys designated for payment of operating expenses.
29 Del. C. § 7106 — Delaware Code / Title 29 / Chapter 71 / Section 7106
§ Â
        7106. Use of state-owned vehicles; penalty; exemptions.
Status: in_force

(a) No motor vehicle owned by any agency/school district, except as otherwise indicated herein, shall be driven by an employee before or after the prescribed working hours of that employee.

(b) When not on official State business, every motor vehicle owned by any agency/school district, with the exception of those vehicles exempted under subsection (c) of this section, shall be parked at the agency or motor pool location to which the vehicle is assigned.

(c) Specifically exempted from subsections (a) and (b) of this section are the Governor’s car, law-enforcement vehicles and vessels of State agency law-enforcement personnel covered under the provisions of the Police Officer Standards and Training Commission and those vehicles exempted by the Director of the Office of Management and Budget. The Director of the Office of Management and Budget shall promulgate a policy concerning these exemptions. This policy shall include rules which allow certain vehicles to be parked at locations other than a motor pool or agency site if warranted by emergency or business activities of certain employees and/or security requirements of certain vehicles.

(d) Those vehicles designated by the Governor or the Governor’s designee for the transportation of State employees commuting to and from their prescribed places of employment, provided that the vehicles are part of a specific pooling program, shall also be exempt from subsection (b) of this section. Each such vehicle pooling program and costs thereof shall be approved by the Director, Office of Management and Budget prior to starting operations and shall provide that the State be reimbursed for the entire cost of the vehicle and all operating costs thereof by its users. After the initial year of operation, and in each successive year, the Director, Office of Management and Budget shall determine an appropriate cost factor for each approved pooling program.

(e) Whoever violates this section, for the first offense, shall be fined not less than $10 nor more than $25. For each subsequent like offense, the violator shall be fined not less than $25 nor more than $50. Justice of the Peace Courts shall have jurisdiction over offenses under this section.
29 Del. C. § 6522 — Delaware Code / Title 29 / Chapter 65 / Section 6522
§ Â
        6522. Disposal of spoiled checks.
Status: in_force

If a check of the State Treasurer is spoiled and becomes useless, a note of such fact shall be made on the stub thereof and the check shall be cancelled and handed to the Secretary of Finance, who shall file the same with the bills and vouchers and shall enter the same in a book, as provided in § 6516 of this title with respect to bills and statements of indebtedness.
29 Del. C. § 10216 — Delaware Code / Title 29 / Chapter 102 / Section 10216
§ Â
        10216. Entity termination; reorganization or merger; re-establishment.
Status: repealed

(a) Automatic termination. —

If the Committee recommends the termination of an entity and the entity is not re-established by an act of the General Assembly, the entity automatically terminates effective July 1 of the next calendar year after the Committee’s annual report in which the Committee first recommends the termination.

(b) Termination of a lesser-included entity. —

When an entity is terminated under this chapter, each lesser-included entity of the terminated entity is also terminated at the same time and under the same conditions, unless at least 1 of the following occur:

(1) The Committee specifically exempts the lesser-included entity from termination.

(2) A law exempting the lesser-included entity from termination is enacted before the end of June 30 of the next calendar year after the Committee submits its annual report regarding the entity’s termination.

(c) Reorganization or merger. —

If the Committee recommends that the entity under review is reorganized or merged with another entity, the Committee must introduce legislation establishing the reorganization or merger not later than June 30 of the next calendar year after the Committee submits its annual report recommending the reorganization or merger. If legislation reorganizing or merging the entity is not enacted, the entity automatically terminates effective on the date that the General Assembly in which the legislation is introduced expires.

(d) [Repealed.]

(e) A bill to re-establish an entity that has been recommended for termination or reorganization must relate only to that specific entity, and the name of the affected entity must be stated in the title of the bill.
29 Del. C. § 5058 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5058
§ Â
        5058. Pledge of revenues or other property [Transferred].
Status: in_force

Transferred to § 8758A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5812 — Delaware Code / Title 29 / Chapter 58 / Subchapter II / Section 5812
§ Â
        5812. Definitions.
Status: in_force

(a) “Business enterprise” means corporation, partnership, sole proprietorship or any other individual or organization carrying on a business or profession.

(b) “Capital gain” means capital gains required to be reported to the Internal Revenue Service pursuant to federal internal revenue laws.

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

(d) “Constructively controlled” means:

(1) A financial interest in the name of another which is controlled by a public officer by virtue of any relationship of the public officer to another person and which directly benefits the public officer;

(2) Any financial interest of a public officer held jointly with the spouse or child of such public officer;

(3) Any financial interest of the spouse or minor child of a public officer.

(e) “Debt instrument” means bonds, notes, debentures, mortgages or other securities having a fixed yield if not convertible to equity instruments.

(f) “Equity instrument” means any ownership interest in a corporation or other legal entity giving rights to the holder upon liquidation of the entity.

(g) “Fair market value” means, if a security, the quoted price as of January 1 of the year in which the report required by § 5813 of this title is filed, or, if not a security, the price at which the public officer would sell as of January 1 of the year in which the report required by § 5813 of this title is filed.

(h) “Gift” means a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received. “Gift” shall not include a political contribution otherwise reported as required by law, a commercially reasonable loan made in the ordinary course of business, or a gift received from a spouse or any relative within the third degree of consanguinity of the person or person’s spouse or from the spouse of any such relative.

(i) “Honoraria” means fees received for speeches, written articles and participation in discussion groups and similar activities, but does not include reimbursement for expenses.

(j) “Income for services rendered” means income from a single source and includes salary, wages, consulting fees and professional services.

(k) “Instrument of ownership” includes, but is not limited to, common or preferred stock, rights, warrants, articles of partnership, proprietary interest, deeds and debt instruments, if convertible to equity instruments.

(l) “Position of management” means officer, director, partner, proprietor or other managerial position in a business enterprise.

(m) “Professional organization” means an individual engaged in, or an association organized pursuant to, federal or state law for the practice of medicine, law, accounting, engineering or other profession.

(n) (1) “Public officer” shall mean:

a. Any person elected to any state office; and

b. Any person appointed to fill a vacancy in an elective state office; and

c. Any candidate who has filed for any state office; and

d. The Director of the Division of Legislative Services and Controller General of the Legislative Council; and

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

f. The Chancellors and Vice-Chancellors of the Court of Chancery; and

g. The President Judge and Judges of Superior Court; and

h. The Chief Judge and Judges of Family Court; and

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

j. The Chief Magistrate and justices of the peace; and

k. The State Court Administrator and the administrators of Superior Court, Family Court, the Court of Common Pleas, and the Justice of the Peace Courts; and

l. The Public Guardian; and

m. All Cabinet Secretaries and persons of equivalent rank within the Executive Branch; and

n. All division directors and persons of equivalent rank within the Executive Branch; and

o. The State Election Commissioner and the Directors and Deputy Directors of the Department of Elections; and

p. The State Fire Marshal and the Director of the State Fire School; and

q. The Adjutant General of the Delaware National Guard; and

r. The Alcoholic Beverage Control Commissioner and the members of the Appeals Commission, pursuant to § 306(c) of Title 4; and

s. The Public Advocate; and

t. Members of the Public Service Commission.

(2) For purposes of this subchapter, the term “public officer” does not include elected and appointed officials of political subdivisions of the State, of public school districts of the State, and of state institutions of higher learning.

(o) “Reimbursement for expenditures” means any payments to a public officer for expenses incurred by that public officer.

(p) “Time or demand deposits” means checking and savings account in banks or deposits or share in savings and loan institutions, credit unions or money market funds.
29 Del. C. § 5903 — Delaware Code / Title 29 / Chapter 59 / Subchapter I / Section 5903
§ Â
        5903. Classified service and exemptions.
Status: in_force

Unless otherwise required by law, as used in this chapter, “classified service” or “state service” means all positions of state employment other than the following positions, which are excluded:

(1) Members of the General Assembly and others elected by popular vote and persons appointed to fill vacancies in elective offices.

(2) Officers and employees of the Senate and House of Representatives of the General Assembly.

(3) Election officers.

(4) Heads of state agencies, members of boards and commissions and the chief administrator employed by each board or commission.

(5) One principal assistant or deputy and 1 private secretary for each head of a state agency.

(6) Officers and employees in the office of the Governor.

(7) Assistant Public Defenders, Deputy Attorneys General, and state detectives appointed by the State Attorney General.

(8) Physicians or lawyers acting primarily in a professional capacity and not in an administrative capacity, except those physicians or lawyers employed by the State on a full-time basis.

(9) Persons employed as consultants in a professional or scientific capacity to conduct a temporary and special inquiry, investigation, examination or service on behalf of the General Assembly or a committee thereof, or by authority of the Governor or by authority of a head of a state department, agency, board or commission.

(10) Patient or inmate help in charitable, penal, correctional and other state institutions.

(11) Personnel in the military service of the State.

(12) All employees of each state school district, special school district and charter schools, all employees of the Department of Education and all employees who teach in state institutions pursuant to unit allocations as set forth in § 1703 of Title 14.

(13) All employees of the University of Delaware and of Delaware State University.

(14) Trustees of the University of Delaware and Delaware State University.

(15) Persons engaged in public work conducted jointly with the federal government, with other states or their political subdivisions or with political subdivisions in this State, except certain covered employees of the Department of Agriculture as defined by § 304 of Title 3.

(16) All judges and employees of the state judicial branch.

(17) a. Casual seasonal employees may be employed by the State on a temporary basis in order to assist agencies in the following situations:

1. Casual assistance. —

employee is needed on a sporadic or on-call basis where hours cannot be predetermined and vary greatly from week to week. Such employees may be used as needed.

2. Seasonal assistance. —

employee is needed for peak operating seasons not to exceed 9 months.

3. Institutional assistance. —

employee is needed to provide optimum staffing levels for clients or to maintain security in an institution. Such employees may be used as needed.

4. Part-time assistance. —

employee works less than 30 hours per week on a consistent basis. Such employees may be used as needed.

5. Project assistance. —

employee performs duties related to a specific project that has defined objectives and an established time period of completion that does not exceed 1 year.

6. Primary incumbent replacement. —

employee is needed to fulfill the job responsibilities of the primary incumbent who is unable to perform such responsibilities for an extended period of time. Such employees may be used for a maximum of 9 months or the length of time the incumbent is unable to perform the job responsibility, whichever is less.

7. Intern. —

employee is a college student enrolled in an academic program and working to gain job related experience. Such employees may be used for a maximum of 9 months.

8. Co-op student. —

employee is a high school or college student enrolled in an academic program who is working to gain job related experience. Such employees may work part time during the school year and full time during times when school is not in session and may be used as needed.

9. Summer/School break assistance. —

employee is hired for a specific time period and uses this employment as an introduction to government and its services. Such employees may be used for a maximum of 9 months.

b. The term durational is not applicable to any classification of employee employed by the State of Delaware.

c. Agencies that experience circumstances that require the use of casual seasonal employees that are not defined in subsection (a) of this section must submit a request to the Secretary, the Director of the Office of Management and Budget and the Controller General for approval. Upon completion of 1 year of work from casual seasonal employee, the Secretary, the Director of the Office of Management and Budget and the Controller General must review the agency need for such casual seasonal employment.

(18) Members and employees of the Delaware State Police.

(19) All employees of the Delaware Technical and Community College.

(20) All members and employees of the Legislative Council, except that the exclusion granted by this subdivision shall not extend beyond and shall terminate on June 30, 1970.

(21) One position within the Division of State Banking Commission, Department of State in addition to those listed in paragraph (5) of this section.

(22) Employees appointed to exceptional employment positions pursuant to § 5904A of this title during the trial work period.

(23) Positions designated as exempt by either the determination by the Secretary, the Director of the Office of Management and Budget and Controller General or via budget epilogue language.

Any classified employee leaving the classified service to accept a position under paragraph (4), (5), (6) or (23) of this section shall automatically be granted an extended leave of absence. Upon completion of such appointment, the Secretary shall place the employee in a classified position for which the employee meets minimum qualifications in the same or a lower pay grade as the position that the employee held when leaving the classified service. The salary shall be paid at no less than the equivalent pay grade and percentage of the pay grade midpoint from which the employee took this leave of absence.

(24) One position within the Division of Public Health, Department of Health and Social Services, for a dental director.

(25) One position within the Division of Social Services, Department of Health and Social Services, for a chief physician.
29 Del. C. § 4806 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4806
§ Â
        4806. Lottery sales agents â Qualifications; prohibitions.
Status: in_force

(a) No license as an agent to sell lottery tickets shall be issued to any person to engage in business exclusively as a lottery ticket sales agent except those persons hired to staff the State Lottery Office or a state-operated sales office. Before issuing a license to an agent, the Director shall consider such factors as:

(1) Financial responsibility and security of the person and the person’s business or activity;

(2) Accessibility of the person’s place of business or activity to the public;

(3) Sufficiency of existing licenses to serve the public convenience; and

(4) Volume of expected sales.

(b) If the Director shall find that the experience, character and general fitness of the applicant are such that the participation of such a person as a lottery ticket sales agent will be consistent with the public interest, convenience and the purposes of this subchapter, the Director shall thereupon grant a license.

For the purposes of this section, the term “person” shall be construed to mean and shall include an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. “Person” shall also be construed to mean and include all departments, commissions, agencies and instrumentalities of the State, including counties and municipalities and agencies and instrumentalities thereof.
29 Del. C. § 4105 — Delaware Code / Title 29 / Chapter 41 / Section 4105
§ Â
        4105. Quorum; vote required for action; rulemaking authority [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, Â 2].
Status: in_force

(a) A quorum of the Consortium is a majority of the voting members of the Consortium.

(b) The Consortium acts by a vote of the majority of the voting members of the Consortium.

(c) The Consortium may adopt rules to carry out the purpose and duties of the Consortium, including to do all of the following:

(1) Establish committees for the Consortium.

(2) Provide for the election of officers of the Consortium, other than the chair and vice chair appointed under § 4104 of this title.
29 Del. C. § 8114 — Delaware Code / Title 29 / Chapter 81 / Section 8114
§ Â
        8114. 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. § 4002 — Delaware Code / Title 29 / Chapter 40 / Section 4002
§ Â
        4002. Membership; qualifications; terms.
Status: in_force

(a) The Commission shall consist of 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) One member, appointed by the Irish American Chamber of Commerce and Trade Council of Delaware.

(4) One member, appointed by the New Castle County Irish Society.

(5) One member, appointed by the St. Patrick’s Day Society.

(6) Two members, appointed by the Irish Culture Club of Delaware, 1 of whom shall be from Kent County and 1 of whom shall be from Sussex County.

(7) One member, appointed by Governor.

(8) One member, appointed by the Lieutenant Governor.

(b) A member of the Commission may be a citizen of the United States or a person holding dual citizenship between the United States and the Nation of Ireland, the United Kingdom or any nation not hostile to the United States or the Nation of Ireland.

(c) The members of the Commission serve at the pleasure of the appointing authority.
29 Del. C. § 5902 — Delaware Code / Title 29 / Chapter 59 / Subchapter I / Section 5902
§ Â
        5902. General purpose.
Status: in_force

The general purpose of this chapter is to establish for this State a system of personnel administration based on merit principles and scientific methods governing the employees of the State in the classified service consistent with the right of public employees to organize under Chapter 13 of Title 19.
29 Del. C. § 9009A — Delaware Code / Title 29 / Chapter 90A / Section 9009A
§ Â
        9009A. Extended jurisdiction â Child abuse, dependency and neglect.
Status: in_force

Notwithstanding any provision in this chapter to the contrary, the Office of the Child Advocate is authorized to provide representation under this chapter to youth for whom jurisdiction has been extended under § 929 of Title 10.
29 Del. C. § 7927 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7927
§ Â
        7927. Misnomer of Department in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. § 2513 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2513
§ Â
        2513. Appointment of state detectives; terms; compensation.
Status: in_force

(a) The Attorney General may appoint 5 qualified persons to be state detectives who shall hold office at the pleasure of the Attorney General. The Attorney General may designate 1 of the appointees to be Chief State Detective, and each of the others shall be known as state detective. All of the state detectives shall perform duties anywhere, both within and without the State, under the direction of the Attorney General.

(b) The salary of the Chief State Detective and the state detectives shall be fixed by the Attorney General within the appropriations made to the State Department of Justice.
29 Del. C. § 333 — Delaware Code / Title 29 / Chapter 3 / Section 333
§ Â
        333. State cocktail.
Status: in_force

The Orange Crush is the official cocktail of Delaware.
29 Del. C. § 9001D — Delaware Code / Title 29 / Chapter 90D / Section 9001D
§ Â
        9001D. Establishment of Department of Human Resources.
Status: in_force

A Department of Human Resources, referred to in this chapter as “Department,” is hereby established.
29 Del. C. § 3805 — Delaware Code / Title 29 / Chapter 38 / Section 3805
§ Â
        3805. Subcommittees; creation and purpose.
Status: in_force

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

(b) Any member of the Commission can make nominations of prospective subcommittee members and the Commission shall consider the nominations and make appointments to any subcommittee by majority vote of the Commission.
29 Del. C. § 8782 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8782
§ Â
        8782. Definitions.
Status: in_force

The following terms and phrases as used in this subchapter shall have the following meanings:

(1) “Corporation” means the Diamond State Port Corporation.

(2) “Facilities” means all works, buildings, structures, appliances and appurtenances necessary and convenient for the proper construction, equipment, operation and maintenance of such facility or facilities or any 1 or more of them.

(3) “Marine terminal facility” means wharves, piers, slips, ferries, anchorages, docks, dry-docks, bulkheads, dock-walls, basins, car-floats, float-bridges, grain or other storage elevators, warehouses, cold or heated storage, tracks, yards, sheds, switches or other buildings, structures or facilities or improvements or appurtenances necessary or convenient to the accommodation of ships or vessels or their cargoes or passengers.

(4) “Person” means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision or other duly established legal entity.

(5) “Port of Wilmington” means all wharves, piers, slips, ferries, anchorages, docks, dry-docks, bulkheads, dock-walls, basins, car-floats, float-bridges, grain or other storage elevators, warehouses, cold or heated storage, tracks, yards, sheds, switches or other buildings, structures or facilities or improvements or appurtenances operated as of the date of creation of the Corporation by the Wilmington Department of Commerce as the Port of Wilmington and Wilmington Marine Terminal Wharf and such other facilities, structures, improvements or appurtenances as may be developed, constructed or operated on land contiguous to, adjacent to or proximate to the Port of Wilmington as may be acquired by the Corporation or the City of Wilmington for the purpose of port development.
29 Del. C. § 6340 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6340
§ Â
        6340. Other employment costs (fringe benefits).
Status: in_force

(a) There shall be included, immediately following the lines for items which provide for salaries or wages of state employees in any department, division or agency budget, appropriation or supplementary appropriation request or bill, a separate line or item covering other employment costs (fringe benefits) related to such salaries or wages. No appropriation for such other employment costs shall be used or transferred to or for any other purpose.

(b) Other employment costs shall include such costs to the State as federal insurance contributions (Social Security), state retirement plans (employees’ pensions), health-care insurance (Blue Cross and Blue Shield), workers’ compensation, unemployment insurance and such other fringe benefit plans as may be provided.

(c) Each year, on or before August 1:

(1) The Secretary of Finance shall determine the appropriate rate factor on an average or actual basis for each of the state benefit plans, excluding unemployment insurance; and

(2) The Secretary of Labor shall determine on an average actual, or historical basis, the appropriate rate factor for each state agency, other than the University of Delaware, and the distribution of that rate to each fund pertaining thereto for unemployment insurance and shall prescribe the appropriate procedure for reimbursement thereof; in order that the Director of the Office of Management and Budget may advise each state agency how it shall provide for such other employment costs in their respective budget requests for the ensuing year.

(d) Any department or agency employing personnel who are paid from federal funds or from capital improvement debt appropriations shall pay to the Treasurer of the State from such funds an amount based upon the rate factor for each of the state fringe benefit plans established under subsection (c) of this section applicable to salaries and wages paid to employees from such special funds.

(e) The University of Delaware shall, on a regularly scheduled basis as determined by the Secretary of Finance, pay to the State Treasurer, at a rate determined under this section or otherwise by the Secretary of Finance, such amounts as are necessary to reimburse the State for fringe benefit costs applicable to salaries and wages paid to employees of the University as the term “employee” is defined in §§ 5501(f) and 5505 of this title, or any other fringe benefit costs applicable to the University.

(f) Each state agency, other than the University of Delaware, liable for reimbursement payments in lieu of assessments in accordance with § 3345(c)(2) of Title 19, shall be required to reimburse the Department of Labor for all unemployment insurance reimbursements disbursed by the Department of Labor which arise out of unemployment insurance claims filed by and paid to an employee of such state agency. Such reimbursement shall be made according to the rate factor and distribution according to agency funds as shall be prescribed by the Secretary of Labor.

(g) In the event any department or agency overpays or has overpaid any fringe benefit costs to the State Treasurer in accordance with subsection (d) of this section, the amount of such overpayment shall be refunded by the State Treasurer, upon certification of the Secretary of Finance.

(h) Other employment costs are reflected within each agency budget for the current fiscal year. These other employment costs shall be calculated and charged to the appropriate funds as determined by the covered payroll and credited to the respective payee funds.

(i) The State Treasurer is hereby directed to collect on each pay cycle all the other employment costs from all funds.
29 Del. C. § 5056 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5056
§ Â
        5056. Bonds [Transferred].
Status: in_force

Transferred to § 8756A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 4332 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4332
§ Â
        4332. Journal of a notary public.
Status: in_force

(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.

(b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only 1 journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with regulations adopted by the Secretary of State.

(c) An entry in a journal must be made contemporaneously with performance of the notarial act and contain all of the following information:

(1) The date and time of the notarial act.

(2) A description of the record, if any, and type of notarial act.

(3) The full name and address of each individual for whom the notarial act is performed.

(4) If identity of the individual is based on personal knowledge, a statement to that effect.

(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential.

(6) The fee, if any, charged by the notary public.

(d) If a notary public’s journal is lost or stolen, the notary public shall promptly notify the Secretary of State on discovering that the journal is lost or stolen.

(e) On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (a) of this section and inform the Secretary of State where the journal is located.

(f) Instead of retaining a journal as provided in subsections (a) and (e) of this section, a current or former notary public may transmit the journal to the Secretary of State or a repository approved by the Secretary of State.

(g) On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Secretary of State or a repository approved by the Secretary of State.
29 Del. C. § 1903 — Delaware Code / Title 29 / Chapter 19 / Section 1903
§ Â
        1903. Fiscal projection when revenue reduced.
Status: in_force

Any bill or joint resolution which would have the effect of reducing state revenue must have a 1-year projection attached thereto, which projection shall describe, as accurately as can reasonably be ascertained, the loss of revenue to the State for the first full fiscal year after the effective date of the legislation and the rationale used in determining such fiscal impact. The Controller General’s responsibility herein shall be the same as in § 1902 of this title.
29 Del. C. § 6924 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6924
§ Â
        6924. Competitive sealed proposal; request for proposal procedure.
Status: in_force

(a) Applicability. — When the agency head makes a determination that the use of competitive sealed bidding is either not practical or not in the best interest of the State, a contract may be entered into through competitive sealed proposals. The determination to use competitive sealed proposals may be made if it is necessary to:

(1) Use a contract other than a fixed-price type;

(2) Conduct oral or written discussions with offerors concerning technical and price aspects of their proposals;

(3) Afford offerors an opportunity to revise their proposals;

(4) Compare the different price, quality and contractual factors of the proposals submitted;

(5) Award a contract in which price is not the determining factor; or

(6) The agency is unable to draft specifications in sufficient detail to be applicable to competitive sealed bidding.

(b) Advertising requirements. — (1) Proposals shall be solicited through a request for proposal which shall be issued and shall include the location where proposals are to be received and the date and time the proposals are to be opened.

(2) Adequate public notice of the request for proposals shall be given in the same manner as provided in § 6923(b) of this title.

(3) Proposals shall be opened publicly at the time and place designated in the request for proposals. The name of each offeror and such other relevant information as is specified in the request for proposals shall be read publicly and recorded in accordance with the request for proposal promulgated by the agency. All other information contained in the proposals shall be confidential so as to avoid disclosure of contents prejudicial to competing offerors during the process of negotiation.

(4) The request for proposals shall state the relative importance of price and other evaluation factors.

(5) Offerors intending to submit proposals may be afforded an opportunity for discussion for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Negotiations may be conducted with responsible offerors who submit proposals found to be reasonably likely to be selected for award. Offerors shall be accorded fair treatment with respect to any opportunity for discussion and amending proposals, and such amendments may be permitted after submissions and before award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

(6) The award shall be made in writing to the responsible offeror or offerors whose proposal is determined to be the most advantageous to the State taking into consideration the evaluation factors set forth in the request for proposals. No other factors or criteria may be used in the evaluation. (The award of a contract for goods and/or services may be made upon criteria which do not include price. The contract file shall contain the basis on which the award is made.)

(c) Request for proposals. — (1) A request for proposals shall set forth those factors listed in § 6923(e) of this title that are applicable and shall also state:

a. The type of materiel or services required and a description of the work involved;

b. The type of contract to be used;

c. That offerors may designate as trade secrets or proprietary data portions of the proposals;

d. That discussions may be conducted with offerors who submit proposals determined to be likely to be selected for award;

e. The minimum information that the proposal must contain; and

f. The closing date and time for receipt of proposals.

(2) A request for proposals shall be issued at least 14 calendar days before the closing date and time for receipt of proposals unless a shorter time is determined necessary in writing by the agency.

(3) Notice of the request for proposals shall be issued in accordance with § 6923(b) of this title.

(4) Vendor lists compiled and maintained in accordance with § 6923(d) of this title may serve as a method for soliciting competitive sealed proposals.

(5) Amendments to requests for proposals shall be made in accordance with § 6923(g) of this title.

(d) Pre-proposal conferences. — Pre-proposal conferences may be convened in accordance with § 6923(f) of this title.

(e) Late proposals or late withdrawals. — (1) A proposal received after the closing date and time for receipt of proposals is late and shall not be considered. A best and final offer received after the closing date and time for receipt of best and final offers is late and shall not be considered.

(2) No offeror shall be permitted to make a modification to its original proposal after the date and time for the receipt of proposals and before negotiations start pursuant to subsection (g) of this section.

(3) A modification of a proposal resulting from an amendment issued after the closing date and time for receipt of proposals or a modification of a proposal resulting from discussions during negotiations shall be considered if received by the closing date and time set forth in the amendment or by the closing date and time for submission of best and final offers, whichever is applicable. If the modifications described in this subsection are received after the respective date and time described in this subsection, the modifications are late and shall not be considered by the agency.

(f) Evaluation of proposals. — (1) Each agency shall establish written administrative procedures for the evaluation of the proposals.

(2) For the purpose of conducting negotiations, the agency shall determine, in accordance with subsection (g) of this section, that proposals are either likely to be selected for award or unacceptable. A determination that a proposal is unacceptable shall be in writing, state the basis of the determination and be retained in the procurement file. If the agency determines that an offeror’s proposal is unacceptable, the agency shall notify that offeror of the determination and that the offeror shall not be afforded an opportunity to modify its offer.

(g) Negotiations with individual offerors. — All agencies shall have a right to negotiate with individual offerors after their proposals are opened. The agency shall establish a committee, procedures and schedules for conducting negotiations. Disclosure of 1 offeror’s price to another and any information derived from competing proposals is prohibited.

(h) Best and final offers. —

The agency shall reserve the right to seek best and final offers and if choosing to do so the agency shall issue a written request for best and final offers. The request shall set forth the date, time, and place for the submission of best and final offers. The request for best and final offers shall inform offerors that, if they do not submit a notice of withdrawal or a best and final offer, their immediate previous offer will be construed as their best and final offer. Best and final offers shall be requested only once, unless the agency makes a written determination that it is advantageous to the State to conduct further negotiations or change the State’s requirements.

(i) Mistakes in proposals. — Prior to the time and date set for receipt of best and final offers, any offeror with whom negotiations have been held may withdraw the offer or correct any mistake by modifying the offer.

(j) Contract award. — (1) The contract shall be awarded within 90 days of the closing date and time advertised in the request for proposals. The agency shall award a contract to the offeror whose proposal is determined in writing to be most advantageous to the State, based on the factors set forth in the request for proposals. The determination shall explain the basis of award.

(2) The agency shall notify each unsuccessful offeror in writing of the award.

(3) After receipt of a fully executed contract, the proposals shall be open for public inspection in accordance with § 6923(j)(4) of this title.

(4) A formal contract shall be executed with the successful firm within 20 days after the award of the contract.

(k) Cancellation of requests for proposals. —

(1) A request for proposals or other solicitation may be canceled in whole or in part if it is in the best interest of the State. The reasons for the cancellation shall be made part of the procurement file.

(2) If a solicitation is canceled prior to the opening of proposals, a notice of cancellation shall be publicly posted and available to all offerors, and any proposals that have been received shall be returned unopened to the offerors.

(3) If proposals have been received electronically, the files must be deleted by the agency and notice sent to those offerors.

(l) Rejection of individual proposals. — A proposal or quotation may be rejected for 1 or more of the following reasons:

(1) The person responding to the solicitation is determined to be nonresponsive or not responsible pursuant to subsection (m) of this section;

(2) It is unacceptable;

(3) The proposed price is unreasonable; or

(4) It is otherwise not advantageous to the State.

Offerors whose proposals are rejected under this section shall be notified in writing about the rejection. Record of the rejection shall be made part of the procurement file. The reasons for the rejection shall be stated in the determination.

(m) Responsibility of offerors. — An agency shall determine that an offeror is responsible before awarding a contract to that offeror. Factors to be considered in determining if an offeror is responsible include:

(1) The offeror’s financial, physical, personnel or other resources, including subcontracts;

(2) The offeror’s record of performance and integrity;

(3) Whether the offeror is qualified legally to contract with the State;

(4) Whether the offeror supplied all necessary information concerning its responsibility; and

(5) Any other specific criteria for a particular procurement which an agency may establish; provided, that the criteria shall be set forth in the solicitation and is otherwise in conformity with state and/or federal law.

If an agency determines that an offeror is nonresponsive or not responsible, the determination shall be in writing and set forth the basis for the determination. A copy of the determination shall be promptly sent to the affected offeror. The final determination shall be made part of the procurement file.

(n) On-line bidding method. —

If an agency determines that an on-line bidding method is beneficial, the agency may use an on-line bidding method to obtain and evaluate proposals for the purchase of goods and nonprofessional services.
29 Del. C. § 5002 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5002
§ Â
        5002. Definitions [Transferred].
Status: in_force

Transferred to § 8702A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 4837 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4837
§ Â
        4837. Lottery Commission.
Status: in_force

(a) The Lottery Commission is created in the Department of Finance. The Lottery Commission shall be composed of 5 members who shall be citizens of the State, including at least 1 certified public accountant, 1 lawyer, 1 businessperson, 1 person with experience in law enforcement, and 1 public member, all of whom shall be appointed by the Governor and confirmed by the Senate, provided however, no member shall be a member of the Standardbred Owners Association, the Delaware Thoroughbred Horsemen’s Association, or an owner, employee or agent of a video lottery agent or sports lottery agent. The Governor shall name the Chairperson of the Commission from among its members and the Chairperson shall serve in that capacity at the Governor’s pleasure. Each of the members shall serve for a term of 5 years and until that member’s successor qualifies. No member shall serve for more than 1 full 5-year term. Not more than 3 members of the Commission shall be of the same political party. No member shall hold any elected or appointed office under the government of the United States or the State or be a candidate for such office.

(b) A person appointed to fill a vacancy on the Lottery Commission holds office for the remainder of the unexpired term of the former member. Of the initial members, 1 must be appointed for a 1-year term, 1 must be appointed for a 2-year term, 1 must be appointed for a 3-year term, and 1 must be appointed for a 4-year term and the remainder must be appointed for a 5-year term. Thereafter, all members shall serve 5-year terms.

(c) Prior to the nomination of a candidate to serve on the Lottery Commission, the Division of Gaming Enforcement shall review, in accordance with the standards of a key employee, the background, qualifications and suitability of each nominee and make an appropriate report to the Governor. The Governor may at any time, after notice and hearing, remove any Commission member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office.

(d) To serve on the Lottery Commission, a member may not be and may not ever have been an employee, officer, director, owner of securities of a video lottery agent or sports lottery agent, or owner of a licensed service company, nor a member of the immediate family of an employee, officer, director or owner of a video lottery agent or sports lottery agent; may not ever have had a material or financial interest in a video lottery agent, sports lottery agent, or a licensed service company; and may not ever have been engaged in any services on behalf of a video lottery agent, sports lottery agent, or a licensed service company related to the activities of the lottery. The provisions of Chapter 58 of Title 29 (State Employees’, Officers’ and Officials’ Code of Conduct) apply to all members of the Lottery Commission and to all agents appointed or otherwise employed by the Lottery Commission. No person convicted of a felony or crime involving moral turpitude shall be eligible for appointment nor appointed as a commissioner.

(e) The Lottery Commission shall have powers, duties and responsibilities as specified in this title. Included among the powers, duties and responsibilities are those specified in this subsection. The Lottery Commission shall receive reasonable staff support in the performance of its duties from Department of Finance staff who do not report to the Office, and from a deputy attorney general assigned to the Commission. The Lottery Commission shall:

(1) Provide the Secretary of Finance and Director with advice and guidance with respect to the development of policy in those areas where rule- and regulation-making authority is entrusted to the Director.

(2) Provide guidance on new initiatives which may from time to time be proposed by the Director and recommend to the Director initiatives that the Commission believes would benefit the Lottery.

(3) Conduct hearings relating to licensing disputes, exclusion list disputes, and other disputes as specified in this chapter or by rule and regulation.

(4) As it deems necessary, subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the Commission finds appropriate to conduct investigations and hearings pursuant to this chapter. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then the Director may apply to the Superior Court of the county in which the Commission may be sitting and, thereupon, the Court shall issue its subpoena requiring the person to appear and testify or to produce the books, papers and documents before the Director. Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such.

(5) Review and approve all regulations issued by the Director on or after July 1, 2010, pursuant to specific provisions of this title, before such regulations are implemented.

(f) The members of the Board shall receive $250 for each day’s attendance at the meetings of the Commission, not to exceed 24 days’ attendance in any 1 calendar year; and they shall be reimbursed for their actual travel and other necessary expenses incurred in attending meetings and transacting the business of the Commission.
29 Del. C. § 8101 — Delaware Code / Title 29 / Chapter 81 / Section 8101
§ Â
        8101. Establishment of Department of Agriculture.
Status: repealed

A Department of Agriculture is established having the following powers, duties and functions:

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

a. The State Board of Agriculture pursuant to Chapters 1, 3, 5, 11, 13, 15, 16, 17, 19, 21, 25, 31, 33 [repealed], 35, 37 [repealed], 39 [repealed], 51 [repealed], 53 [repealed], 55 [repealed], 63, 65 [repealed], 67, 71, 73, 75, 87 and 90 of Title 3 and Chapter 41 of Title 16;

b. The State Board of Agriculture and the State Division of Weights and Measures pursuant to Chapter 51 of Title 6;

c. The State Forestry Department and the State Forestry Commission pursuant to Chapters 29, 31 [repealed], 33 [repealed] and 35 [repealed] of Title 7 and State Tree Nursery.

(2) The administrative, ministerial, fiscal and clerical functions of the State Farmland Evaluation Advisory Committee set forth in § 8337 of Title 9.
29 Del. C. § 5541 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5541
§ Â
        5541. Establishment of Fund.
Status: in_force

There shall be established a State Employees’ 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. § 4202 — Delaware Code / Title 29 / Chapter 42 / Section 4202
§ Â
        4202. Membership; qualifications; terms.
Status: in_force

(a) The Commission consists of 9 members who are appointed as follows:

(1) Three members, appointed by the Governor.

(2) Three members, appointed by the Speaker of the House of Representatives.

(3) Three members, appointed by the President Pro Tempore of the Senate.

(b) Each member of this Commission must be a citizen of the United States descended from Asian or Pacific Islander ancestry and must hold a professional license in this State, own a business in this State, or reside in this State.

(c) The members of this Commission serve at the pleasure of the appointing authority.
29 Del. C. § 7511 — Delaware Code / Title 29 / Chapter 75 / Section 7511
§ Â
        7511. Approval of plans; modification.
Status: in_force

After making the certificate required by § 7510 of this title, the Secretary of Education is authorized and directed to consider the preliminary and final plans, estimates of costs and specifications of any school construction program and to approve or modify such plans, estimates and specifications, and also to amend the certificates of necessity, provided that nothing herein shall be construed to give said Secretary of Education authority to increase the total share of such program beyond the maximum limit set forth in any school construction bond authorization act. No certificate of necessity shall be amended after the date of successful local school district referendum. In the event that a certificate shall be amended as herein provided, the fact of such amendment shall be communicated to the State Treasurer, and the copies thereof shall be sent to the State Auditor of Accounts and the Director of the Office of Management and Budget and the board of education of the school district.
29 Del. C. § 6524 — Delaware Code / Title 29 / Chapter 65 / Section 6524
§ Â
        6524. Statement of property under agency control.
Status: in_force

Every agency shall furnish the Secretary of Finance annually with a distinct statement of all qualifying property of the State under the control or jurisdiction of the agency, and the cost price of such property. Such statement shall be prepared in accordance with instructions set forth in the Budget and Accounting Policy Manual, and shall be certified by the head of the agency making the same.
29 Del. C. § 6101 — Delaware Code / Title 29 / Chapter 61 / Section 6101
§ Â
        6101. Definition of agency.
Status: in_force

The term “agency,” as used in this chapter, shall include every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State.
29 Del. C. § 6940 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6940
§ Â
        6940. Service worker protection [For application of this section, see 84 Del. Laws, c.453, Â 3].
Status: in_force

An agency must comply with the Service Worker Protection Act, Chapter 20 of Title 19, when the agency is an awarding authority or a successor employer to a service contract.
29 Del. C. § 515 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 515
§ Â
        515. Microfilming and other document imaging services; appropriations and expenditures.
Status: in_force

(a) Any program or function of any state agency or local government, which requires microfilm or other document imaging services, must include provisions for the anticipated cost of such services. Agencies may choose to contract with the Delaware Public Archives for microfilm and document imaging services in accordance with the provisions of § 6531 of this title.

(b) The Department of Finance shall not approve expenditure of funds used for the development, implementation or maintenance of microfilm or document imaging programs, including contracting with a commercial service provider or purchase of equipment or software, without prior written approval of the Delaware Public Archives. Any programs or projects in operation must adhere to standards established by the Delaware Public Archives to allow for approval of expenditures.
29 Del. C. § 8717A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8717A
§ Â
        8717A. Misnomer of Division in donation.
Status: in_force

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Division 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 Division, the estate or interest therein expressed or described.
29 Del. C. § 7408 — Delaware Code / Title 29 / Chapter 74 / Section 7408
§ Â
        7408. Place of payment.
Status: in_force

Bonds, notes and revenue notes and the interest thereon shall be payable at such place or places within or without the State as the issuing officers may determine by resolution.
29 Del. C. § 6986 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6986
§ Â
        6986. Multiple source contracting.
Status: in_force

An agency may award a contract for a particular professional service to 2 or more firms if the agency head makes a determination that such an award is in the best interests of the State. If such a determination is made, the advertisement shall include a notification of the right of the agency to make such an award and the criteria upon which such an award will be based.
29 Del. C. § 2509A — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2509A
§ Â
        2509A. Political activity of State Department of Justice employees.
Status: in_force

(a) Employment by the State Department of Justice does not affect any right or obligation of a citizen under the Constitution and laws of the United States or under the Constitution and laws of this State.

(b) Except as otherwise provided in this section or by federal law, an individual employed by the State Department of Justice may freely participate in any political activity, may vote in an election, and may express opinions on political subjects and candidates.

(c) With the exception of the Attorney General, no attorney or other employee regularly employed by the State Department of Justice may:

(1) Use that attorney’s or other employee’s official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;

(2) Use that attorney’s or other employee’s official authority or influence for the purpose of directing or coercing another to contribute anything of value, including but not limited to money, services, or time, in support of a political party, political organization, or political candidate;

(3) Engage in political activity while on duty in the employment of the State Department of Justice;

(4) Directly or indirectly solicit, receive, collect, handle, disburse, or account for assessments, contributions, or other funds for a partisan political purpose during working hours;

(5) Organize or reorganize a political party organization or political organization during working hours;

(6) Organize, sell tickets to, or promote a fund-raising activity of a candidate in a partisan election or of a political party or political organization during working hours; or

(7) Be a candidate for or hold any elected state or local office provided however, any attorney or other employee regularly employed by the State Department of Justice shall request a leave of absence in accordance with State Department of Justice personnel policies to be a candidate for any elected state or local office and such leave request shall not be denied, except that any such attorney or employee shall resign if that attorney or employee is a candidate for the office of Attorney General.

(d) In addition to the provisions of subsection (c) of this section above, no individual employed as Chief Deputy Attorney General or division head shall directly or indirectly give, pay, lend, or contribute money or any other thing of value to or for the benefit of a candidate for any elected state or local office or to any political party or political organization in support of such candidate, or for any other political purpose intended to support such candidate.

(e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

(1) “Division head” means the State Prosecutor, State Solicitor, Director of the Fraud Division, Director of the Appeals Division, any assistant division head, chief county prosecutor, or division director created by statute or policy of the Attorney General.

(2) “Local office” means local office as defined in § 101(13) of Title 15, school board elections, political party office, or other public elected office.

(3) “Political activity” means participating in any activity in support of or in opposition to a political party or partisan candidate for public or political party office, including but not limited to writing or distributing statements in support of or in opposition to a candidate, initiating or circulating a partisan nominating petition, contributing money or anything of value to or for the benefit of a candidate, and soliciting votes of support for a candidate. “Political activity” does not include registering or voting in an election, or expressing opinions on political subjects or candidates.

(f) In addition to any penalty contained in any other provision of law, any employee subject to the provisions of this section who knowingly violates a provision of this section may be subject to disciplinary proceedings by the State Department of Justice or as otherwise provided by law.
29 Del. C. § 6343 — Delaware Code / Title 29 / Chapter 63 / Subchapter III-B / Section 6343
§ Â
        6343. Advanced Planning and Real Property Acquisition Fund.
Status: in_force

(a) A nonappropriated special fund is created to be known as the “Advanced Planning and Real Property Acquisition Fund,” hereafter referred to in this subchapter as “Fund.”

(b) The Fund shall be interest earning with such interest credited to the Fund.

(c) The Fund shall be expended for the advanced planning of proposed public facilities in the State, including, but not limited to, the cost of architectural sketches, general site plans, preliminary engineering, general design services, legal, accounting and consulting services or such other services as may be deemed appropriate. Public facilities shall include public schools, health-care facilities, public safety and correctional institutions, libraries (if co-located) and other public buildings.

(d) The Fund may be expended for earnest money of up to 10 percent for the acquisition of real property (including any options to purchase and any improvements thereon) by state agencies, reorganized school districts and vocational-technical school districts. The Fund may not be expended for highway right-of-way acquisition.
29 Del. C. § 2316 — Delaware Code / Title 29 / Chapter 23 / Section 2316
§ Â
        2316. Collection of commission fees from gubernatorial appointees.
Status: in_force

Whenever the Governor commissions to office any person, whom the Governor is or may be authorized by the Constitution or by law to commission and whose appointment is required to be confirmed by the Senate, the Secretary of State shall collect from every such person as fee for the commission which the Secretary shall receive, the proportionate part of the fee which the Secretary is by law required to demand and receive for the full term to which the appointment to the office is limited in the ratio which the time from the date of the appointment to the last day of the next session of the Senate bears to the full term to which the appointment is limited.
29 Del. C. § 804A — Delaware Code / Title 29 / Chapter 8 / Subchapter I / Section 804A
§ Â
        804A. Criteria for counting incarcerated individuals for redistricting purposes.
Status: in_force

(a) The General Assembly, in determining the reapportionment and redistricting for the State, applying the criteria set forth in § 804 of this title, and using the official reporting of the federal decennial census as set forth in § 805 of this title, may not count as part of the population in a given district boundary an incarcerated individual who meets both of the following:

(1) Was incarcerated in a state correctional facility in this State or federal correctional facility, as determined by the decennial census.

(2) Was not a resident of the State before the individual’s incarceration.

(b) (1) The General Assembly, in determining the reapportionment and redistricting for the State as provided in this subchapter, shall count as part of the population in a given district boundary an individual incarcerated in a state correctional facility in this State or federal correctional facility, as determined by the decennial census, if the individual was a resident of the State before incarceration.

(2) The General Assembly shall count the individual for reapportionment and redistricting purposes at the individual’s last known residence before incarceration.

(c) This section does not apply to the redistricting of the State following the 2010 federal decennial census. This section applies to the redistricting of the State following each federal decennial census thereafter.

(d) The Department of Elections shall geocode the last known residence of an incarcerated individual that is provided by the Department of Correction or the Federal Bureau of Prisons and is required to be counted under section (b) of this section.

(1) On or before September 15 of the year of a federal decennial census, the Department of Correction shall provide to the Department of Elections information in the Department of Correction’s possession regarding the last known residence of an incarcerated individual required to be counted under subsection (b) of this section.

(2) The Department of Elections shall make reasonable efforts to correct a last known residence of an incarcerated individual that is not able to be geocoded, including by doing the following:

a. Verifying and correcting zip codes against the United States Postal Service zip code locator.

b. Correcting misspellings of city and street names.

c. Correcting or adding street suffixes against the United State Postal Service zip code locator.

d. Correcting street direction using the United States Postal Service zip code locator.

e. Removing extra information from the address field.

f. Removing an apartment number.

g. Removing a decimal point.

(3) The Department of Elections may request from a state or federal agency information necessary to geocode the last known residence of an incarcerated individual required to be counted under section (b) of this section.

(4) If, after making reasonable efforts under paragraph (d)(2) of this section, the Department of Elections is not able to geocode the last known residence of an incarcerated individual, the Department shall establish the last known residence of the incarcerated individual as the state correctional facility where the individual is incarcerated.

(5) The Department of Elections shall provide to the General Assembly the geocoded last known residence data for incarcerated individuals required to be counted under subsection (b) of this section on or before January 15 of the year following a federal decennial census.

(6) The Department of Elections may adopt regulations to implement this section.
29 Del. C. § 8755A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8755A
§ Â
        8755A. Application for assistance; findings and determinations.
Status: in_force

(a) The Authority may adopt a resolution, provided that an application for assistance under this subchapter shall be submitted to the Authority, for the advice or, where required by this subchapter, the approval of the Council on Development Finance, requesting the issuance of bonds to finance a project or to provide another form of financing support to a project. Prior to approving such application, the Authority shall find and determine, which findings and determinations shall be conclusive, on the basis of all information reasonably available to it, that any project financed:

(1) Will tend to maintain or provide gainful employment for citizens of the State, or, in the case of a pollution control project, will reduce, abate or prevent pollution of the State’s environment or protect its natural resources, or, in the case of a medical facility, nursing facility or facility for the residence or care of the aged, will help to provide modern and efficient medical, nursing or residence facilities as the case may be for the citizens of the State;

(2) Will serve a public purpose by contributing to the prosperity, health or general welfare of the citizens of the State;

(3) In the case of a project for agricultural business will require a capital investment of at least $10,000, which funds, including the proceeds of the bonds to be issued, if any, will be available or expended on the day the Authority issues the bonds or provides another form of financing support to the project;

(4) In the case of a project for commercial business will require a capital investment of at least $10,000, which funds, including the proceeds of the bonds to be issued, if any, will be available or expended on the day the Authority issues the bonds or provides another form of financing support to the project;

(5) Will be leased to, sold to or financed for a financially responsible assisted person who has not been convicted of a major labor law violation or of illegal conduct involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the assisted person’s application for assistance; and

(6) Will effectuate the purposes of this subchapter.

(b) The Authority may make the foregoing findings and determinations on a prospective basis prior to the receipt of any such application provided that the proceeds of bonds are not disbursed or another form of financing support is not provided to any assisted person until such findings and determinations are made specifically with respect to such assisted person’s project or projects.

(c) The Authority may issue bonds to refund bonds issued pursuant to this subchapter without making any of the foregoing findings or determinations.

(d) The Council on Development Finance is delegated the authority and responsibility for conducting a public hearing following reasonable public notice prior to the issuance by the Authority of any bond or the provision by the Authority of any other form of financing support. The Council on Development Finance shall adopt such rules and procedures as it determines to be necessary or desirable in fulfilling its responsibilities.

(e) For purposes of § 147(f) of the Internal Revenue Code of 1986 [26 U.S.C. § 147(f)], as amended, the Governor of this State, or an elected official of the State designated by the Governor for this purpose as permitted by such Code, shall have the authority and responsibility for approving, or withholding approval of, the issuance by the Authority of any bond. If, in connection with an application for the issuance of any bond by the Authority, the Governor or the elected official designated by the Governor advises the Attorney General of the State that the Governor or such elected official is unable or believes it would be inappropriate for the Attorney General to consider such application, then the Attorney General shall have the authority and responsibility for approving, or withholding approval of, the issuance of such bond by the Authority.
29 Del. C. § 7517 — Delaware Code / Title 29 / Chapter 75 / Section 7517
§ Â
        7517. Aid to boards of education.
Status: in_force

The Department of Education shall render such assistance to boards of education as they may request in the preparation of their preliminary and final plans for school construction.
29 Del. C. § 6510 — Delaware Code / Title 29 / Chapter 65 / Section 6510
§ Â
        6510. Interference with audit; penalty.
Status: in_force

Any member of any agency, or any officer or agent or servant or employee of any agency, who interferes with or prevents, or tries to prevent, any certified public accountant or accountants selected under Chapters 29 and 63 of this title from auditing the accounts, records, documents, papers and writings in anywise pertaining or relating to the financial accounts of the agency, or who refuses to turn over all accounts, records, documents, papers and writings for audit shall be fined not more than $1,000 or imprisoned for not more than 6 months or both.
29 Del. C. § 6989 — Delaware Code / Title 29 / Chapter 69 / Subchapter VI / Section 6989
§ Â
        6989. Performance bond.
Status: in_force

(a) Simultaneous with the execution of the formal contract, the agency may require the successful proposing firm to execute a good and sufficient bond to the State for the benefit of the agency. Such performance bonds shall:

(1) Be with a corporate surety authorized to do business in this State;

(2) Be in a sum equal to 100% of the contract award, except as otherwise provided in this subsection; and

(3) Be in the standard form issued by the Office of Management and Budget for this purpose and shall be included in the solicitation.

(b) Contents of performance bonds. —

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

(c) Invoking a performance bond. —

The agency may, when it considers that the interests of the State so require, cause judgment to be confessed upon the bond. All sums received through confession of judgment shall be deposited with the Secretary of Finance for the credit of the agency. Such moneys pertaining to Department of Transportation contracts shall be deposited in the Transportation Trust Fund. Every person furnishing materiel or performing labor under the contract for which the successful proposing firm is liable may maintain an action on the bond for the person’s own use in the name of the State in any court of competent jurisdiction for the recovery of such sum or sums as may be due such person from the successful bidder, but if the bond so provides, no suit shall be commenced after the expiration of 1 year following the date on which the successful proposing vendor ceased work on the contract, otherwise suits may be commenced at any time within 3 years following the date the last work was done on the contract. No person or surety, in any action brought under this section or on the bond required in this section shall assert as a defense to such action the claim that the bond given pursuant to this section contained a limitation or restriction not provided for by this section.

(d) Other security for contracts under threshold amount. —

Contracts valued less than the threshold amount set by the Contracting and Purchasing Advisory Council may contain a waiver of the bond requirement provided that the successful proposing firm posts with the State an irrevocable letter of credit or other suitable or readily-collectible financial security for the project. Such letter of credit or other security shall be issued for a term commencing simultaneously with the execution of the formal contract and terminating no earlier than 3 years subsequent to the date of final acceptance by the agency or to the extent of the warranty period, whichever is later. In no event shall such security expire without the express written approval of the State. Such waiver as described in this paragraph shall be stated in the solicitation.

(e) Waivers from performance bonds. —

The State may, at its discretion, reduce or waive the bond or other form of security. Such waiver shall be stated in the solicitation.
29 Del. C. § 9017C — Delaware Code / Title 29 / Chapter 90C / Subchapter II / Section 9017C
§ Â
        9017C. Definitions.
Status: in_force

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

(1) “Collect” shall mean to store information, including via cookie technology, for purposes of retrieval at a later time to initiate communication with or make determinations about the person who is the subject of such information.

(2) “The Department” shall mean the Department of Technology and Information.

(3) “Disclose” shall mean to reveal, release, transfer, disseminate or otherwise communicate information orally, in writing or by electronic or other means, other than to the person who is the subject of such information.

(4) “Internet” shall mean a system of linked computer networks, international in scope, that facilitate data transmission and exchange.

(5) “Personal information” shall include, but not be limited to, any information concerning a natural person which, because of name, number, symbol, mark or other identifier, can be used to identify that natural person.

(6) “State agency” shall have the same meaning as that assigned to it in § 5804(10) of this Title.

(7) “State agency website” shall mean an internet website operated by or for a state agency. Such term shall include those websites operated on behalf of state agencies by other public or private entities, but shall not include any portions of the internet outside the control of the state agency.

(8) “User” shall mean any natural person who uses the internet to access a state agency website.
29 Del. C. § 8011 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8011
§ Â
        8011. Water Infrastructure Advisory Council.
Status: in_force

(a) The Water Infrastructure Advisory Council serves in an advisory capacity to the Secretaries, as defined in this section.

(b) Definitions. —

As used in this section:

(1) “Council” means the Water Infrastructure Advisory Council.

(2) “Secretaries” means, collectively, the Secretaries of the Departments of Natural Resources and Environmental Control (DNREC), Agriculture (DDA), Health and Social Services (DHSS), Transportation (DelDOT), and Finance (DOF).

(3) “Surface water management” means a strategy for the integration of drainage, flood control, and stormwater management through habitat protection, restoration, and other green infrastructure.

(4) “Wastewater facility” or “wastewater infrastructure” means a property, easement, equipment, pipe, pump, plant, or appurtenance used in any way to collect, transport, store, handle, treat, or dispose of wastewater.

(5) “Water supply facility,” “water supply infrastructure,” “drinking water infrastructure,” or “drinking water supply facility” means a property, equipment, pipe, or other conveyance, pump, tower, tank or other storage device, well, filter, or other appurtenance used to collect, treat, store, and distribute the best quality water available to address strategies to correct, present, or prevent future violations of health-based drinking water standards.

(c) (1) The Council is composed of 16 members appointed by the Governor with the advice and consent of the Senate.

(2) The Governor shall appoint the Council’s chair. The chair serves at the Governor’s pleasure. The Governor may remove the chair from the Council entirely if the Governor removes the chair from the chair position.

(3) A council member other than the chair serves for a term of 3 years.

(4) The Governor may appoint a council member for a term of less than 3 years to ensure that terms expire on a staggered bases of no more than 4 expiring terms in a calendar year.

(5) Council members must be comprised of at least 1 member who is a resident of New Castle County, 1 member who is a resident of Kent County, 1 member who is a resident of Sussex County, and 1 member who is a resident of the City of Wilmington.

(6) Council members must represent interest and possess expertise in the areas of wastewater infrastructure, stormwater infrastructure, agricultural water use infrastructure, and drinking water infrastructure.

(7) Council members may include representatives from local government, public health, agriculture, and financial management. Up to 3 members may represent nonprofit environmental organizations, 1 of whom may represent an environmental justice organization.

(8) Council membership must be balanced so that no more than 9 voting members are from 1 political party. An individual who declines to announce a political party affiliation is eligible for appointment as a voting member.

(9) The Governor shall appoint 3 of the Council’s 16 members as nonvoting members who serve at the Governor’s pleasure: 1 member representing the water utilities, 1 member who is the district coordinator of 1 of the conservation districts, and 1 member representing the Farm Bureau. These members may provide annual recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, or tax ditches.

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

(e) The Council’s duties and responsibilities include all of the following:

(1) To evaluate, establish, recommend, and adopt all of the following:

a. A long-term plan for the public funding of drinking water supply facility and wastewater facility infrastructure projects. The plan must cover a period of not less than 6 years, be updated and prioritized on an annual basis, and incorporated into DNREC’s and DHSS’s annual capital budget requests to the Governor. The Council shall submit a copy of the adopted plan to the General Assembly and the Director and the Librarian of the Division of Legislative Services on or before November 15 of each year.

b. Annual advisory recommendations related to wastewater infrastructure, stormwater infrastructure, and drinking water infrastructure addressing the elements required for inclusion in the strategic plan for clean water under § 8082(d) of this title. The Council shall submit the recommendations to the Clean Water Trust Fund Oversight Committee on or before September 15 of each year.

(2) a. To establish standards and procedures for persons to submit requests for funding the construction, repair, renovation, or expansion of water supply facilities and wastewater facilities. Using the standards and procedures that the Council establishes, the Council shall recommend specific grants or loans, or both, using funds authorized for the grants or loans by act of the General Assembly or funds that the Delaware State Clearinghouse Committee approves.

b. To develop and recommend projects for the planning, construction, repair, renovation, or expansion of water supply facilities and wastewater facilities to be funded in whole or in part by the Delaware Water Pollution Control Revolving Fund, the Drinking Water State Revolving Loan Fund, or another source of funding that the General Assembly authorizes.

(3) a. To develop and periodically update a nonbinding comprehensive, statewide water supply facilities and wastewater facilities assessment to be presented in 3 sections, 1 for each county. The Council may retain the services of necessary professionals and may enter into agreements in order to prepare the assessment.

b. A county may, at its option, designate a county agency responsible for preparing the assessment for that county, but the assessment must be prepared in a uniform manner that the Council establishes. In the absence of the designation of a county agency to prepare an assessment, DNREC and DHSS are the lead agencies in coordinating preparation of the assessment.

c. The assessment must include at least all of the following:

1. A description of the status of existing water supply facilities and wastewater facilities.

2. The current usage of existing water supply facilities and wastewater facilities.

3. The adequacy of existing water supply facilities and wastewater facilities.

4. Projected long range requirements for existing water supply facilities and wastewater facilities.

5. The compatibility of existing land use plans with existing and long range requirements of water supply facilities and wastewater facilities.

6. Recommendations for improvements to existing water supply facilities and wastewater facilities.

(4) To recommend affordability standards for water supply facility and wastewater facility infrastructure projects. Each recommendation must reflect the goals of establishing fair rates that equitably distribute the costs of water supply facilities and wastewater facilities using public funds, based on usage, and relying on private firms to provide services if it is economical and in the public interest to do so.

(5) To review and recommend To DNREC and DHSS the payment of the Council’s administrative and operating expenses.

(6) To make funding recommendations to the Secretary of DNREC and Secretary of DHSS regarding drinking water infrastructure and wastewater infrastructure projects that are considered ready to proceed.

(f) (1) A majority of the voting members must be present at a council meeting in order to have a quorum and conduct official business. A vacant voting member position is not counted for quorum purposes.

(2) Each motion, the plan under paragraph (e)(1)a. of this section, the assessment under paragraph (e)(3) of this section, or a recommendation for a loan or grant under paragraph (e)(2) of this section may be adopted only by a majority of the voting members. A vacant voting member position is not counted under this paragraph.

(3) The Council shall conduct a public meeting in each county prior to voting on the annual adoption of the water supply infrastructure and wastewater infrastructure plan under paragraph (e)(1)a. of this section.

(4) The Council is subject to the applicable provisions of the Administrative Procedures Act (Chapter 101 of this title).

(g) The Council shall work in concert with DNREC, DHSS, DelDOT, DDA, the Conservation Districts, the Delaware Geological Survey, the Public Service Commission, DOF, the Cabinet Committee on State Planning Issues, and any other appropriate department, agency, or committee focusing on statewide planning issues. Each agency shall provide reasonable staff time and resources as the Council may require to fulfill the Council’s duties and responsibilities. The Council shall also work in concert with the Water Resources Agency of New Castle County and each appropriate agency that a county may designate. DNREC and DHSS are the lead agencies in coordinating support for the Council.

(h) (1) The Council shall provide guidance and policy advice to the Governor and Secretaries and assist in the statewide effort to develop infrastructure programs related to water supply, drainage, stormwater management, and flood control. The guidance must include state-level direction to DNREC, DHSS, and local agencies and operating units in the development of standardized processes and procedures for identifying and prioritizing problems and development of watershed-based solutions.

(2) The Council shall provide guidance to the State in improving the quality of customer service and reviewing annual localized work plans.

(i) The Council shall assist in defining areas of responsibility among state and local agencies, and coordinating implementation and operations.

(j) The Council shall assist the State in establishing a central response unit that DNREC coordinates to handle public calls relating to drainage, stormwater, and flood control.

(k) The Council shall assist in the statewide effort for the development of sustainable program funding options.

(l) (1) The Council shall assist in the development and evaluation of criteria for watershed-based plans for surface water management.

(2) The Council shall assist in developing the priority needs for watershed plans.

(3) The Council shall assist in developing a strategy for long term planning for future growth relating to surface water management. This strategy may include options for private-public partnerships for infrastructure improvement and regional solutions.

(m) The Council may adopt procedural rules to carry out its functions under this section.
29 Del. C. § 8109 — Delaware Code / Title 29 / Chapter 81 / Section 8109
§ Â
        8109. Books; records; access; annual report.
Status: in_force

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

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

(c) The Chairperson of the Governor’s Council on Agriculture and the chairpersons of the councils of the divisions of the Department shall make an annual report of the activities of each of said councils to the Secretary of the Department, the Governor and the General Assembly, and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. § 9016B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9016B
§ Â
        9016B. Violation of bond requirements; penalty.
Status: in_force

Whoever, being an officer within the provisions of this subchapter, neglects to comply with §§ 9013A-9015A of this title shall be fined not less than $500 nor more than $1,000, and shall, ipso facto, forfeit the office.
29 Del. C. § 9123 — Delaware Code / Title 29 / Chapter 91 / Subchapter II / Section 9123
§ Â
        9123. Development of impact fees.
Status: repealed

(a) In addition to its responsibilities set forth above in [former] § 9102 of this title [now repealed], the Cabinet Committee on State Planning Issues shall develop a schedule of impact fees for development throughout the State. The Cabinet Committee on State Planning Issues may engage a qualified consultant to assist in development of a fee structure that accurately represents the incremental costs to the State of providing infrastructure and services in areas where minimal investment is planned by the State.

(b) The schedule of impact fees shall include proposed impact fees for development with respect to each of the state public facilities identified in § 9122(8) of this title.

(c) The schedule of impact fees shall include recommended fee levels for development in environmentally sensitive developing areas, secondary developing areas, and rural areas. The schedule of impact fees shall not recommend impact fees for communities or developing areas.

(d) The schedule of impact fees developed by the Advisory Council shall be submitted to the Joint Bond Bill Committee of the General Assembly on or before May 1, 2002. The schedule of impact fees shall be accepted, rejected or modified by the Joint Bond Bill Committee and thereafter approved by the General Assembly by appropriate legislation.

(e) Impact fees developed pursuant to this section shall not exceed the proportionate share of the cost of system improvements, as defined in this subchapter.
29 Del. C. § 4201 — Delaware Code / Title 29 / Chapter 42 / Section 4201
§ Â
        4201. Delaware Commission on Asian and Pacific Islander Heritage and Culture; creation and purpose.
Status: in_force

The Delaware Commission on Asian and Pacific Islander Heritage and Culture (Commission) is hereby established to do all of the following:

(1) Provide the Governor, members of the General Assembly, and policymakers with recommendations to promote the welfare and interests of all people of Asian and Pacific Islander descent who reside in this State.

(2) Establish, maintain, and develop cultural ties between Asian and Pacific Islanders and Asian-Americans and Pacific Islander-Americans.

(3) Foster a special and compelling interest in the historical and cultural backgrounds of people of Asian and Pacific Islander descent, as well as in the economic, political, social, and artistic life of the nations and territories involved.

(4) Help study, establish, or promote programs or events that will provide appropriate awareness of the culture, history, heritage, and language of people of Asian and Pacific Islander descent.

(5) Provide a platform for the promotion of the cultural and historical heritage of any people of Asian and Pacific Islander descent.
29 Del. C. § 7504 — Delaware Code / Title 29 / Chapter 75 / Section 7504
§ Â
        7504. Time limit on construction.
Status: in_force

No school construction shall be started under authority of any school construction bond authorization act later than 2 years after the effective date of the act, and no money shall be borrowed by the State under authority of any school construction bond authorization act later than 2 years after the effective date of such act, except such moneys as are necessary to complete school construction started prior to 2 years after the effective date of any school construction bond authorization act.
29 Del. C. § 5816 — Delaware Code / Title 29 / Chapter 58 / Subchapter II / Section 5816
§ Â
        5816. Protection of confidentiality.
Status: in_force

Nothing contained in this subchapter shall be construed as requiring the disclosure of any fact the confidentiality of which is protected by any applicable federal or state law. Disclosures made pursuant to § 5815 of this title shall not be deemed a violation of this section.
29 Del. C. § 9016C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9016C
§ Â
        9016C. 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. § 4902 — Delaware Code / Title 29 / Chapter 49 / Section 4902
§ Â
        4902. Coordinator; personnel; merit system.
Status: in_force

(a) The Office of Highway Safety shall be administered by a Coordinator. The Office shall employ such personnel as required to meet the federal guidelines for a state agency responsible for highway safety in accordance with the Highway Safety Act of 1966, as amended [23 U.S.C. § 401 et seq.].

(b) All employees of the Federal-State Highway Safety Coordinator’s Office, heretofore established pursuant to executive order, including the Coordinator and Deputy Coordinator, shall be transferred to the Office of Highway Safety, and shall be deemed to be employees of such Office and employees of the State in classified service with all the benefits accrued as merit employees as of July 22, 1976.
29 Del. C. § 9018 — Delaware Code / Title 29 / Chapter 90 / Section 9018
§ Â
        9018. Supremacy of chapter.
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. § 6409 — Delaware Code / Title 29 / Chapter 64 / Section 6409
§ Â
        6409. Judicial.
Status: in_force

The fiscal year in which bills are received will be the factor in determining the chargeable fiscal year for the Administrative Office of the Courts for payments to court-appointed, noncontract attorneys for billings that span multiple fiscal years.
29 Del. C. § 6970A — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6970A
§ Â
        6970A. Design-build contracting for Transportation Trust Fund projects.
Status: in_force

(a) As used herein, “design-build contracting” is a project delivery method under which the procurement of both the design and construction of a project is done in a single contract with a company or combination of companies capable of providing the necessary engineering services and construction.

(b) Notwithstanding any portion of this chapter to the contrary, the Department of Transportation is hereby authorized to use design-build contracting method, under the following terms and conditions:

(1) The contract terms shall include provisions to pay the prevailing wage rates as provided in § 6960 of this title, in conjunction with federal prevailing wage rates for such work;

(2) The contracts shall adhere to § 6962(d)(4)a., (d)(7) and (d)(8) of this title;

(3) Any such contracts shall conform to all applicable federal laws and regulations concerning design-build contracting, including but not limited to 23 C.F.R. Part 636, without regard to the source of funds; and

(4) Any design-build contract for the construction of any transportation facility shall also be subject to the provisions of Chapter 8 of Title 17.

(c) The use of design-build contracting shall be used at the discretion of the Secretary of the Department of Transportation for specialized projects that have time constraints, unique site conditions, specialized construction methods or similar complexities and is expected to be used on a limited basis.
29 Del. C. § 2542 — Delaware Code / Title 29 / Chapter 25 / Subchapter IV / Section 2542
§ Â
        2542. Common Interest Community Ombudsperson; creation, appointment, role, term of office, and vacancy.
Status: in_force

(a) There is established within the Department an Office of the Common Interest Community Ombudsperson.

(b) The Attorney General shall appoint the Ombudsperson, consistent with the qualifications for the Ombudsperson set forth in § 2543 of this title.

(c) The Ombudsperson shall be the head of the Office and is charged with managing the Office consistent with the powers and duties vested in the Ombudsperson by § 2544 of this title, within the limitations of the funds appropriated by the General Assembly.

(d) The Ombudsperson shall serve at the pleasure of the Attorney General.

(e) A vacancy in the Ombudsperson position shall be filled in the same manner as the original appointment.
29 Del. C. § 10127 — Delaware Code / Title 29 / Chapter 101 / Subchapter III / Section 10127
§ Â
        10127. Record.
Status: in_force

With respect to each case, all notices, correspondence between the agency and the parties, all exhibits, documents and testimony admitted into evidence and all recommended orders, summaries of evidence and findings and all interlocutory and final orders of the agency shall be included in the agency’s record of the case and shall be retained by the agency.
29 Del. C. § 5931 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5931
§ Â
        5931. Grievances.
Status: in_force

(a) The rules shall provide for the establishment of a plan for resolving employee grievances and complaints. The final 2 steps of any such plan shall provide for hearings before the Secretary or the Secretary’s designee and before the Board, respectively, unless a particular grievance is specifically excluded or limited by the Merit Rules. The Secretary and the Board, at their respective steps in the grievance procedure, shall have the authority to grant back pay, restore any position, benefits or rights denied, place employees in a position they were wrongfully denied, or otherwise make employees whole, under a misapplication of any provision of this chapter or the Merit Rules. The rules shall require that the Board take final action on a grievance within 90 calendar days of submission to the Board. Upon approval of all parties, the 90 days may be extended an additional 30 calendar days.

(b) Should the plan required by subsection (a) of this section provide for various stages, phases or steps to be followed, the failure of the employing department or agency to respond or consider the grievance or complaint within the time required by the rules shall automatically result in the grievance or complaint moving to the next stage, phase or step unless the delay results from an agreement in writing between the employing department or agency and the employee who filed the grievance or complaint, or the employee has indicated in writing to the personnel office of the department or agency his or her opposition to the automatic movement to the next stage, phase or step.

(c) No state employee shall be discharged, threatened or otherwise retaliated against with respect to the terms or conditions of their employment due to the exercise of their rights under the grievance and complaint procedure established under subsection (a) of this section.

(1) An employee who alleges a violation of this subsection may file a written complaint directly to the Department of Human Resources. The employee and the Secretary or designee may agree to meet and attempt an informal resolution of the complaint, and/or the Secretary or designee shall hear the complaint and issue a written decision within 45 days of the complaint’s receipt. Such decision shall be final and binding on the employee’s appointing authority.

(2) Where such decision finds that an individual engaged in conduct prohibited by this subsection, the appointing authority shall initiate appropriate disciplinary action consistent with that decision.

(3) If the complainant employee is not satisfied with the Secretary or designee’s decision, the employee may submit a written appeal to the Merit Employee Relations Board (MERB) within 20 calendar days of receipt of that decision. Such appeal shall be handled and processed in the same manner as other appeals heard by the MERB.
29 Del. C. § 8224 — Delaware Code / Title 29 / Chapter 82 / Section 8224
§ Â
        8224. Definitions.
Status: repealed

(a) The following words and phrases shall have the following meaning ascribed to them, unless their context implies otherwise:

(1) “Act” means the Hazardous Materials Transportation Act of 1979.

(2) “Commission” means the State Emergency Response Commission as established by § 8226 of this title.

(3) “Hazardous material” means any substance or material designated a hazardous material pursuant to the federal “Hazardous Materials Transportation Act” (P.L. 93-633; 49 U.S.C. § 1801 et seq. [repealed]).

(4) “Operator of vehicle” means any person having control of any means of transportation herein regulated.

(5) “Person” means any natural person or individual, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, estate or any other legal entity, or their legal representative, agent or assigns.

(6) “Transportation” means any movement of property by any mode, and any loading, unloading or storage incidental thereto.

(b) [Repealed.]
29 Del. C. § 9003A — Delaware Code / Title 29 / Chapter 90A / Section 9003A
§ Â
        9003A. Appointment and dismissal.
Status: in_force

The Child Advocate shall be appointed by the Executive Committee of the Child Protection Accountability Commission and shall serve at its pleasure.
29 Del. C. § 5524 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5524
§ Â
        5524. Eligibility for disability pension.
Status: in_force

(a) An employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and develops a disability shall become eligible to receive a disability pension beginning with the fourth month following the inception of his or her disability. Such individual shall cease to be eligible at the end of the month in which he or she recovers from disability and is again offered employment as an employee, if such recovery and offer of employment occurs before his or her attainment of age 60.

(b) Such an employee shall be kept on the active payroll and receive credited service from the inception of the employee’s disability to the end of the third month following and shall receive payments at the same rate of compensation the employee received before the employee developed a disability.

(c) An employee shall be deemed to have developed a disability for the purposes of this section if the employee has a physical or mental disability which prevents the employee from performing the duties of the employee’s position.

(d) An employee who previously elected to participate in the disability insurance option pursuant to § 5519(b)(2) of this title and has been deemed to have a disability pursuant to § 5253(c) of this title and whose benefit under the disability insurance option has been discontinued because of the limits of coverage for mental condition or substance abuse have been exhausted, shall be deemed to have a disability for the purposes of this section and be covered under the disability pension provisions of this section.
29 Del. C. § 9006A — Delaware Code / Title 29 / Chapter 90A / Section 9006A
§ Â
        9006A. Confidentiality.
Status: in_force

(a) All records of the Office pertaining to the care and treatment of a child are confidential, including the identity of any person seeking assistance from the Office on behalf of a child. Information contained in those records may not be disclosed, except for good cause shown on order of a court, or if, in the judgment of the Commission, disclosure of identifying information to an appropriate governmental agency is in the best interests of the child.

(b) Anyone participating in good faith in seeking assistance from the Office on behalf of a child pursuant to this chapter shall have immunity from liability, civil or criminal, that might otherwise exist, and such immunity shall extend to participation in any judicial proceeding resulting from such a referral.

(c) All information and records received, prepared or maintained by the Office pertaining to the duties of the Investigation Coordinator and its staff are confidential as set forth in § 906 of Title 16. All information and records received, prepared, or maintained pertaining to the duties of the Investigation Coordinator, as well as all access provided to obtain such records, shall not be used to perform any other duties of the Office unless otherwise permitted by law.

(d) All information and records received, prepared, or maintained by the Office pertaining to the investigation and review of child abuse or neglect deaths or near deaths are confidential as set forth in § 934 of Title 16. All information and records received, prepared, or maintained pertaining to these duties may not be used to perform any other duties of the Office unless otherwise permitted by law.

(e) Disclosure of case-specific data and information to the Office of the Investigative Services for presentence investigations under § 4331 of Title 11 is authorized.
29 Del. C. § 2108 — Delaware Code / Title 29 / Chapter 21 / Section 2108
§ Â
        2108. Arbor and Bird Day proclamation.
Status: in_force

The Governor may set apart each year by proclamation 1 day to be designated as Arbor and Bird Day and may request its observance by all public schools, private schools, colleges and other institutions by the planting of trees and the adornment of the school and public grounds and by suitable exercises, having for their object the advancement of the study of arbor culture and promotion of the spirit of protection to birds and trees and the cultivation of an appreciative sentiment concerning them.
29 Del. C. § 5919 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5919
§ Â
        5919. Referral lists.
Status: in_force

The rules shall provide for the establishment of referral lists for appointment and promotion. Such lists shall include the names of successful candidates in the order of their relative performance in the particular examinations, except where such lists contain fewer than 31 candidates, in which case the names of the successful candidates may be listed in alphabetical order. In the event that the score of the thirtieth name is tied with other candidates, all tied scores will be placed on the referral list even if it exceeds 30. Vacant positions in pay grades 1-5 will be filled by agency recruitment efforts unless a referral list is required by federal law for that position.
29 Del. C. § 6519 — Delaware Code / Title 29 / Chapter 65 / Section 6519
§ Â
        6519. Expenditures not to exceed appropriations.
Status: in_force

(a) No order or requisition shall be made, nor any engagement entered into, nor shall any expense be incurred by any agency which will result in an expenditure of money in excess of the appropriation made to such agency. No obligation incurred by any officer or employee in violation of this section shall impose any liability upon the State.

(b) Notwithstanding subsection (a) of this section, school districts and colleges may requisition, on or after March 1, school supplies or capital outlay items for the following school year with the provision that the obligations thus incurred shall not be due and payable until after July 1 of the next fiscal year. In the case of capital outlay items, the purchasing agency must demonstrate that the item is needed at the outset of the school year and that it cannot be obtained in time unless it is ordered before the close of the fiscal year prior to the year in which it is actually needed. This exception to subsection (a) of this section shall be permitted under the rules and regulations of the Director of the Office of Management and Budget.

(c) Notwithstanding any other provision of law, the State may advance, from time to time, from the General Fund to the Department of Transportation for its corporate purposes an amount reasonably expected to be reimbursed to the State by or on behalf of the Department of Transportation within 2 weeks of any such advance or by written agreement between the Secretary of Finance and the Secretary of Transportation. However, under any circumstances, the Department of Transportation shall fully reimburse all funds advanced prior to the end of the fiscal year. The Secretary of Finance is hereby authorized on behalf of the State to enter into contracts or other arrangements with the Department of Transportation to provide for such advances and reimbursement. Any such contracts or arrangements shall take into account the availability of amounts in the General Fund to meet the obligations of the State for the purposes to be met from appropriations by the General Assembly.

(d) Notwithstanding any other provisions of law, the State, in order to comply with the federal Cash Management Improvement Act of 1990 (Public Law 101-453, dated October 24, 1990), may advance funds from the Treasury to state agencies participating in federal assistance programs, where participation in such programs has been authorized in accordance with Chapter 76 of this title. Any advances and reimbursements made pursuant to this subsection shall be in compliance with rules and regulations of the Director of the Office of Management and Budget.

(e) Notwithstanding any provisions of law to the contrary, if during the course of a fiscal year, any reorganized local school district is unable to meet its obligation to fund the local share of semimonthly payroll due to either delayed receipt of property tax collectibles or previous expenditure of all available revenues, the Secretary of Finance and Director of the Office of Management and Budget, with the consultation of the Controller General, are authorized to release the unfunded payroll by covering the local liability with general funds. Such a use of general funds shall be contingent upon the reorganized local school district submitting to the Secretary of Finance a letter of agreement, signed by the district superintendent and president of the local board of education, which stipulates that the district will repay the state General Fund in full, including an amount for interest defined as the average rate of return on state investments during the period of the loan. Such repayment shall be made by means of a tax anticipation note or other means available to the district and shall be accomplished prior to releasing the next regular payroll. The provisions of this section shall not apply to obligations other than payroll. The provisions of this section may be utilized only once by each reorganized local school district during the course of any 1 fiscal year and may not be utilized for the June 30th payroll.
29 Del. C. § 8116 — Delaware Code / Title 29 / Chapter 81 / Section 8116
§ Â
        8116. Budgeting and financing.
Status: in_force

(a) The Secretary, in cooperation with the Deputy Secretary, 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. § 6402A — Delaware Code / Title 29 / Chapter 64A / Section 6402A
§ Â
        6402A. Scope.
Status: in_force

This chapter shall apply to all state departments and agencies receiving appropriations as set forth in the Annual Bond and Capital Improvement Act.
29 Del. C. § 9011 — Delaware Code / Title 29 / Chapter 90 / Section 9011
§ Â
        9011. Transfer of functions to Department.
Status: in_force

(a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department shall, on the effective date of this chapter, be delivered into the custody of the Department. All investigations, petitions, hearings, and legal proceedings pending before, or instituted by or against, any agency from which functions are transferred by this chapter and which are not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and which are in effect upon the effective date of this chapter, shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred by this chapter to the Department and being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.

(b) (1) All facilities, institutions, resources, property and equipment of such facilities or institutions which are used for children and specifically Ferris School for Boys, Woods Haven-Kruse School for Girls, Bridge House, Stevenson House and Terry Children’s Psychiatric Center, now under the administrative control of the Department of Health and Social Services and Department of Correction; and all authority, duties and responsibilities respecting such facilities and institutions, and their administration, control, conduct and operation which, prior to the effective date of this chapter, was vested in the Department of Health and Social Services and Department of Correction, or any other department, agency, bureau, division or office of the State, are hereby transferred to the Department of Services for Children, Youth and Their Families.

(2) The Department of Health and Social Services shall continue to provide the maintenance, utilities and other support services, as defined by the Budget Director, for the facilities known as the Governor Bacon Health Center Children’s Village. All resources and equipment associated with these facilities, now under the administrative control of the Department of Health and Social Services, are hereby transferred to the Department of Services for Children, Youth and Their Families.

(c) All children who, on the effective date of this chapter, are under the supervision, care or protection or in the custody of the Department of Health and Social Services, Department of Services for Children, Youth and Their Families, Division of Child Protective Services, Division of Mental Health or the Department of Correction, Bureau of Juvenile Correction, or have been placed on probation under Family Court supervision shall be deemed to be under the supervision, care or protection, or in the custody of the Department of Services for Children, Youth and Their Families as of the effective date of this chapter.

(d) Employees of any commission, bureau, department, division or agency whose functions are consistent with this chapter and who have been transferred to the Department of Services for Children, Youth and Their Families by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

(e) All youth probation counselors who are employed by the Family Court and any other individuals who are otherwise employed by the Family Court in connection with the provision of youth probation services and any authorized positions for the same shall be transferred to the Department and deemed to be employees of the Department on the effective date of this chapter, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

(f) All definitions and references to any commission, board, department, council, division or agency which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred by this chapter to the Department or to any subdivision thereof or to any council or office created by this chapter, be construed as referring and relating to the Department of Services for Children, Youth and Their Families as created and established by this chapter.

(g) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

(h) The Secretary of the Department and Division Directors who hold such position just prior to the effective date of this chapter shall be and continue to act in their respective capacities until death, resignation or removal. The purpose is to transfer all functions of the existing Department into the new Department.
29 Del. C. § 8780 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8780
§ Â
        8780. Diamond State Port Corporation â Policy and purpose.
Status: in_force

The General Assembly declares the following to be the policy and purpose for creation of the Diamond State Port Corporation:

(1) That the continued economic viability of the Port of Wilmington and its related facilities, and improvements to these facilities and to the commerce involving these facilities, benefits the entire State;

(2) That it is in the best interest of the State to create a corporate entity which shall assume, by agreement, operation of the Port of Wilmington and its related facilities and to assume certain obligations of the City of Wilmington;

(3) That, in that regard, the General Assembly shall, in its discretion, appropriate an amount to fund the initial capital and operating responsibilities of such corporation and shall consider the future appropriations as appropriate;

(4) That this Corporation is intended to have all power and authority necessary to be exercised in accordance with the form of governance expressed herein, to operate the Port of Wilmington and related facilities so as to maintain and expand the business of these facilities.
29 Del. C. § 5403 — Delaware Code / Title 29 / Chapter 54 / Section 5403
§ Â
        5403. Use of facsimile seal.
Status: in_force

When the seal of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
29 Del. C. § 10301 — Delaware Code / Title 29 / Chapter 103 / Section 10301
§ Â
        10301. Findings and purpose.
Status: in_force

The General Assembly finds that it is necessary to establish a centralized program for business registration and licensing in order to make it convenient and easy for businesses, especially small businesses, to use. The General Assembly also finds that it is necessary to establish a procedure which will reduce the total number of licenses required to do business in this State. This can be accomplished by development of a computerized system capable of storing, retrieving and exchanging license information as well as issuing and renewing master licenses while at the same time allowing the authority for determining if any requested license shall be issued to remain with the agency authorized to issue the license.
29 Del. C. § 5061 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5061
§ Â
        5061. Default in payment of state-guaranteed bonds; insufficient revenues to make payment [Transferred].
Status: in_force

Transferred to § 8761A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5012 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5012
§ Â
        5012. Assistance for tourism and business promotion [Transferred].
Status: in_force

Transferred to § 8712A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9046C — Delaware Code / Title 29 / Chapter 90C / Subchapter IV / Section 9046C
§ Â
        9046C. Quorum and conduct of business [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, Â 3].
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) 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 AI.
29 Del. C. § 5701 — Delaware Code / Title 29 / Chapter 57 / Section 5701
§ Â
        5701. Definitions.
Status: in_force

As used in this chapter:

(1) “Employee” includes an officer of a state or political subdivision thereof.

(2) “Employment” means any service performed by an employee in the employ of the State, local government, housing authority or any other political subdivision thereof, for such employer, except (i) service which in the absence of an agreement entered into under this chapter would constitute “employment” as defined in the Social Security Act [42 U.S.C. § 301 et seq.], or (ii) service which under the Social Security Act may not be included in an agreement between the State and the Federal Security Administrator entered into under this chapter. Service which under the Social Security Act [42 U.S.C. § 301 et seq.] may be included in an agreement only upon certification by the Governor in accordance with § 218(d)(3) of that Act [42 U.S.C. § 418(d)(3)] shall be included in the term “employment” if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health, Education and Welfare pursuant to § 5710(b) of this title.

(3) “Federal Insurance Contributions Act” means subchapter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and subchapters A and B of Chapter 21 of the Federal Internal Revenue Code of 1954 [26 U.S.C. § 3101 et seq.], as such Codes have been and may from time to time be amended; and the term “employee tax” means the tax imposed by § 1400 of such Code of 1939 and § 3101 of such Code of 1954 [26 U.S.C. § 3101].

(4) “Federal Security Administrator” includes any individual to whom the Federal Security Administrator has delegated any of the Administrator’s functions under the Social Security Act [42 U.S.C. § 405(l)] with respect to coverage under such Act of employees of states and their political subdivisions.

(5) “Political subdivisions” includes an instrumentality of a state and 1 or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision; the housing authority continued under Chapter 43 of Title 31 shall be construed to be a political subdivision.

(6) “Secretary of Health, Education and Welfare” includes any individual to whom the Secretary of Health, Education and Welfare has delegated any of the Secretary’s functions under the Social Security Act [42 U.S.C. § 405(l)] with respect to coverage under such Act of employees of states and their political subdivisions and, with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such function.

(7) “Social Security Act” means the act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620 [42 U.S.C. § 301 et seq.], officially cited as the “Social Security Act,” including regulations and requirements issued pursuant thereto, as such Act has been and may from time to time be amended.

(8) “State Agency” means the State Treasurer.

(9) “Wages” means all remuneration for employment as defined in this section, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for “employment” within the meaning of the Federal Insurance Contributions Act, would not constitute “wages” within the meaning of such Act.
29 Del. C. § 2716 — Delaware Code / Title 29 / Chapter 27 / Section 2716
§ Â
        2716. Cash Management Policy Board.
Status: in_force

(a) Establishment; purposes. — There is hereby established the Cash Management Policy Board (the “Board”). The Board’s purposes shall be to establish policies for the investment of all money belonging to the State or on deposit from its political subdivisions, except money deposited in any state pension fund or the State Deferred Compensation Program, and to determine the terms, conditions and other matters relating to those investments including the designation of permissible investments. In carrying out its purpose to designate permissible investments, the Board shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs with due regard to the probable income and level of risk from investments of money belonging to the State or its political subdivisions in accordance with the policies established by the Board. In carrying out its purpose to determine the terms, conditions and other matters relating to the investment of money belonging to the State or its political subdivisions, unless the Board shall find it not in the State’s best interest, the Board shall:

(1) Require as a condition to any deposit of such funds in any state or national bank or savings and loan institution that such deposits be continuously and fully secured by direct general obligations of or obligations the payment of the principal and interest on which are unconditionally guaranteed by the United States of America or other suitable obligations as determined by the Board;

(2) Require that the selection of financial institutions to provide banking and investment services pursuant to this section be conducted on an open and competitive basis as defined by the Board. It shall be the responsibility of the Board to approve the selection of each of the said financial institutions by a majority vote of the members of the Board. The Board, by a majority vote of its members, shall be responsible for setting the policy as to the allocation between short and long term investments and the allocation of funds to the respective financial institutions selected through the open and competitive process; and

(3) Require that temporary clearing accounts as well as major disbursement accounts be established in a bank or banks whose principal office is located within the State.

(b) Composition. — The Board shall be composed of 9 members. Each member of the Board shall have 1 vote. The State Treasurer, the Secretary of Finance, the Secretary of State and the Controller General shall be members of the Board and shall serve on the Board ex officio. Five members shall be appointed by the Governor and confirmed by the Senate. Of the 5 appointed members, at least 1 member shall be a resident of Sussex County, at least 1 member shall be a resident of Kent County, and at least 1 member shall be a resident of New Castle County; and at least 2, but no more than 3, appointed members of the Board shall be affiliated with 1 of the major political parties and at least 1, but no more than 2, of the appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Board. In considering the qualifications of persons who may be appointed to the Board, the Governor shall consider among other things the knowledge of such person in the fields of investment management and banking services. The Governor shall fill vacancies on the Board created by appointed members for their unexpired term and the appointments shall be confirmed by the Senate.

(c) Term of appointed members; conduct of meetings. — (1) Each appointed member shall be appointed for a 3-year term beginning on the date of appointment; provided, however, that of the initial members, 1 shall be appointed for a 1-year term, 2 for 2-year terms and 2 for 3-year terms. Appointed members shall be eligible for reappointment.

(2) Each member of the Board shall have 1 vote and the powers of the Board shall be exercised by a majority vote of all members present; provided that a quorum of 5 members shall be necessary to hold a meeting of the Board.

(3) The Chairperson of the Board shall be designated by the Governor from among the appointed members.

(4) The Board shall meet as often as shall be necessary to properly discharge its duties; provided, however, that the Board shall meet at least 4 times annually; and provided further, that the State Treasurer or the Chairperson of the Board shall be authorized to call special meetings of the Board and to set the agenda for these meetings.

(5) Meetings and/or documents relating to investment strategy or negotiations concerning investment of money belonging to the State shall be exempt from Chapter 100 of this title.

(d) Powers and duties of Board. — (1) The Board is authorized and empowered to adopt rules and regulations for the general administration of its duties.

(2) The Board shall establish a policy with respect to the creation of all checking accounts by the State or any agency or department by the State or any agency or department of the State, and the State Treasurer shall enforce that policy.

(3) The Board, by a majority vote of its members, shall be authorized to enter into agreements to employ or contract for the services of private and public consultants, for research, technical or other services and for facilities, whenever the same shall be deemed by the Board necessary or desirable in the performance of the functions of the Board. No such agreement shall be binding or enforceable unless the State shall have appropriated money to pay the obligations incurred by the Board hereunder.

(4) The Board shall prepare and publish an annual report to the General Assembly concerning its activities.

(5) The use of teleconferencing or videoconferencing is authorized for use in conducting meetings of the Cash Management Policy Board.

(e) Powers and duties of State Treasurer. — (1) The investment of money belonging to the State shall be made by the State Treasurer in accordance with policies established by the Board and subject to the terms, conditions and other matters, including the designation of permissible investments relating to the investment of the money belonging to the State, except for money deposited in any state pension fund or funds of the State Deferred Compensation Program.

(2) State agencies and departments, and school districts shall provide the State Treasurer with such reports and projections of receipts and expenditures as well as other data the State Treasurer may request to enable the Treasurer to provide the Board with accurate cash flow forecasts.

(f) Compensation; indemnification. — (1) Members shall not receive compensation for serving on the Board, but shall be entitled to reimbursement by the State for travel and other expenses incurred in attending meetings of the Board.

(2) The State shall indemnify an appointed Board member who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that the Board member is or was an appointed Board member, against expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by the Board member in connection with such action, suit or proceeding, if the Board member acted in good faith and in a manner the Board member reasonably believed to be in the best interests of the State and with respect to any criminal action or proceeding had no reasonable cause to believe the Board member’s conduct was unlawful. Expenses incurred in defending a civil, administrative or investigative action, suit or proceeding shall be paid by the State in advance of final disposition of such action, suit or proceeding if:

a. Initially authorized by a majority vote of the Board exclusive of the member or members to be indemnified unless more than a majority of the Board shall also be parties to the same action, suit or proceeding, in which instance, such authorization shall be by the Governor of the State; and

b. Such Board member agrees to repay such amount if it is ultimately determined by the Board or the Governor, as the case may be, pursuant to paragraph (f)(2)a. of this section that such member is not entitled to be indemnified under this section.

(g) Administrative support and budget. — The Board is an independent public instrumentality. For administrative and budgetary purposes only, the Board shall be placed within the Office of the State Treasurer. Staff support shall be provided by the Office of the State Treasurer as determined by the State Treasurer.
29 Del. C. § 7401 — Delaware Code / Title 29 / Chapter 74 / Section 7401
§ Â
        7401. Definitions.
Status: in_force

As used in this chapter:

(1) “Authorization act” means an act of the General Assembly, concurred in by 3/4 of all the members of each House, appropriating funds of the State from the proceeds of bonds authorized to be issued by such act.

(2) “Bonds” means any bonds authorized to be issued by the State pursuant to an authorization act and to the payment of which the State has pledged its full faith and credit.

(3) “Certificated obligation” means a registered bond, note or revenue note represented by an instrument.

(4) “Issuing officers” means the Governor, Secretary of State, State Treasurer and Secretary of Finance of the State.

(5) “Notes” means notes issued by the State in anticipation of the issuance of bonds authorized by an authorization act and to the payment of which the State has pledged its full faith and credit.

(6) “Revenue notes” means notes issued by the State in anticipation of the receipt by the State of taxes and revenues payable to the State and the payment of which the State has pledged its full faith and credit.

(7) “Uncertificated obligation” means a registered bond, note or revenue note which is not represented by an instrument.
29 Del. C. § 6603A — Delaware Code / Title 29 / Chapter 66A / Section 6603A
§ Â
        6603A. Eligibility.
Status: in_force

Any public library, including privately incorporated public libraries, the Dover Public Library established pursuant to 60 Del. Laws, c. 158 and public library systems established pursuant to Chapter 8 of Title 9 may be eligible for state assistance in library construction costs, with the state share representing up to 50% of the total cost of such library construction project. State funding of library construction may be requested in phases and could be authorized over more than 1 fiscal year.
29 Del. C. § 8316 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8316
§ Â
        8316. 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. § 5572 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5572
§ Â
        5572. Eligibility for service pension.
Status: in_force

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

(1) The member has 5 years of credited service, and has attained age 62; or

(2) The member has 15 years of credited service, and has attained age 60; or

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

(b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter in effect when he or she ceased to be an employee, beginning with the first month after his or her attainment of age 62.

(c) A member shall become eligible to receive a reduced service pension beginning with the month after he or she has terminated employment, if he or she has 15 years of credited service, and has attained age 55. The amount of the service pension shall be reduced by four-tenths percent for each month the member is under age 60.
29 Del. C. § 7933 — Delaware Code / Title 29 / Chapter 79 / Subchapter II / Section 7933
§ Â
        7933. Advisory Committee.
Status: in_force

The Secretary of the Department of Health and Social Services, hereafter referred to as the Secretary, shall appoint a Renal Disease Advisory Committee, hereafter referred to as the Committee, to consult with the Secretary in the administration of this subchapter. The Committee shall be composed of 11 persons representing hospitals and medical centers which establish dialysis centers, voluntary agencies interested in kidney diseases, related public agencies, physicians licensed to practice medicine and the general public. Each member shall hold office for a term of 4 years and until a successor is appointed and qualified, except that the terms of the members first taking office shall expire, as designated at the time of appointment, 2 at the end of the first year, 3 at the end of the second year, 3 at the end of the third year and 3 at the end of the fourth year, after the date of appointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which such person’s predecessor was appointed shall be appointed for the remainder of such term. The Committee shall meet as frequently as the Secretary deems necessary, but not less than once each year. The Committee members shall receive no compensation, but shall be reimbursed for actual expenses incurred in carrying out their duties as members of this Committee.
29 Del. C. § 5813 — Delaware Code / Title 29 / Chapter 58 / Subchapter II / Section 5813
§ Â
        5813. Report disclosing financial information.
Status: in_force

(a) Every public officer as defined in § 5812 of this title shall electronically file a report disclosing financial interests, as hereinafter provided. Each electronic report shall be submitted and electronically verified through the database maintained by the Commission for such records and shall include at least the following information:

(1) The name and position of the public officer; and

(2) The name, instrument and nature of ownership, and any position of management held by, or constructively controlled by, the public officer in any business enterprise in which legal or equitable ownership is in excess of $5,000 fair market value or from which income of more than $5,000 was either derived during the preceding calendar year or might reasonably be expected to be derived during the current calendar year. Time or demand deposits in a financial institution, or any debt instrument having a fixed yield shall not be listed unless convertible to an equity instrument; and

(3) The name, address and type of practice, without reference to the identity of any individual clients served, of any professional organization in which the public officer is the sole practitioner, officer, director or partner, or serves in any advisory capacity, or which is constructively controlled by the public officer, from which income of more than $5,000 was either derived during the preceding year or might reasonably be expected to be derived during the current calendar year; provided, however, that any such organization construed as a business enterprise and reported pursuant to paragraph (a)(2) of this section need not be reported under this subsection; and

(4) The source of each of the following items received during the preceding calendar year, or reasonably expected to be received during the current calendar year:

a. Any income derived for services rendered exceeding $1,000 from a single source, unless such income is otherwise identified pursuant to paragraph (a)(2) or (3) of this section; or

b. Any capital gain exceeding $1,000 from a single source other than from the sale of a residence occupied by the public officer; or

c. Any reimbursement for expenditures exceeding $1,000 from a single source; or

d. Any honoraria; or

e. Any gift with a value in excess of $250 received from any person, identifying also in each case the amount of each such gift. For purposes of compliance with this gift reporting obligation, the recipient may rely in good faith upon the representation of the source of the gift as to the gift’s value; and

(5) Each creditor to whom the public officer was indebted for a period of 90 consecutive days or more during the preceding calendar year in an aggregate amount in excess of $1,000.

(b) Each report required by this section shall contain a certification by the public officer that the officer has read the report, and that to the best of the officer’s knowledge and belief it is true, correct and complete, and that the officer has not and will not transfer any assets, interests or property for the purpose of concealing it from disclosure while retaining an equitable interest therein.

(c) Not later than 14 days after becoming a “public officer” as defined in § 5812 of this title, the report required by this subchapter shall be filed. Thereafter, the report shall be filed on or before the third Wednesday of March each year.

(d) Each report required by this section shall be filed with the Commission.
29 Del. C. § 4824 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4824
§ Â
        4824. Advisory Council on Video Lottery Planning.
Status: in_force

(a) An Advisory Council on Video Lottery Planning is established and shall serve in an advisory capacity to the Secretary of Finance. Its membership shall include:

(1) The Director of the State Lottery Office.

(2) One member from each licensed video lottery agent, to be designated by the respective agent.

(3) Two members representing all of the licensed manufacturers of video lottery machines to be designated by the Director of the State Lottery Office, and/or the licensed manufacturer of the central computer systems to be designated by the Director of the State Lottery Office.

(4) One sports lottery agent designated by the Director of the State Lottery Office.

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

(c) The Council shall consider matters relating to the growth and competitive vitality of the video lottery industry in the State, including but not limited to:

(1) The status of video lottery game development issues in the State;

(2) The status of known game problem resolution;

(3) Personnel issues and concerns affecting the industry;

(4) The effectiveness of current operational procedures and recommendations for new operational procedures or regulations;

(5) The competitive vitality of the video lottery industry in the State, and recommendations for marketing and technological improvements;

(6) Issues and concerns relating to the repair and maintenance of video lottery machines and related equipment, including preventive maintenance programs;

(7) Video lottery agent or manufacturer specific projects that will impact the operation of the video lottery; and

(8) Issues and concerns of the State Lottery Office relating to video lottery operations and the status of internal control approvals.

(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable necessary expenses incident to their duties as members in accordance with state law.

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

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

(g) The Council shall submit a report on its activities to the Secretary of Finance by November 5 of each year, together with recommendations for legislative and/or administrative changes it deems desirable.
29 Del. C. § 503 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Duties of Delaware Public Archives concerning public records.
Status: in_force

(a) The Delaware Public Archives shall be responsible for establishing and enforcing the policies and guidelines for the management and preservation of all public records of this State and the political subdivisions thereof.

(b) The Delaware Public Archives shall have the power, duty and authority to:

(1) Establish and administer an archives and records management program for the application of efficient and economical methods to the creation, utilization, maintenance, retention, preservation and disposal of public records.

(2) Analyze, develop, establish and coordinate standards, procedures and techniques of recordmaking and recordkeeping.

(3) Preserve and administer in the Delaware Public Archives such records as may be transferred into its custody, carefully protecting such materials, and filing, classifying and cataloguing them for use. Provided, that any materials placed in the keeping of the Delaware Public Archives under special terms or conditions restricting their use shall be made accessible only in accordance with such terms or conditions.

(4) Initiate appropriate action to recover records removed unlawfully or without authorization.

(5) Establish a centralized micrographics and document imaging program for the benefit of all agencies, at the full cost of such goods and services, in accordance with § 6531 of this title.

(6) Institute and maintain a training and information program in records and information management to bring approved and current practices, methods, procedures and devices for the efficient and economical management of records to the attention of all agencies and political subdivisions.

(7) Establish and maintain a program in cooperation with state agencies and the political subdivisions of this State for the selection and preservation of vital records, or those records which are considered essential to the continuing operation of government and to the protection of the rights and privileges of citizens.

(8) Promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter.

(9) Adopt a seal of office for the purpose of certifying copies of public records.
29 Del. C. § 5019 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5019
§ Â
        5019. Supremacy [Transferred].
Status: in_force

Transferred to § 8719A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9011B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9011B
§ Â
        9011B. Liability for fees.
Status: in_force

Each state row officer is made liable upon a respective official bond, for the payment to the State Treasurer of all the fees which the officer shall collect. All the official bonds to be entered into by the officers shall contain the following condition: “And if the said shall truly and without delay pay over to the State Treasurer all of the fees which it shall be his or her duty to collect and which are to be paid to the State Treasurer.” The State shall cause proceedings to be brought on any of the bonds for the breach of the foregoing condition for the recovery of the penalty therein.
29 Del. C. § 6071 — Delaware Code / Title 29 / Chapter 60B / Section 6071
§ Â
        6071. Establishment.
Status: in_force

(a) The First State Quality Improvement Fund is hereby established within the Department of Human Resources.

(b) Moneys provided to the Fund shall be subject to an annual appropriation by the General Assembly in the Annual Budget Act of the State of Delaware. Appropriations made to the First State Quality Improvement Fund shall not be subject to reversion to the General Fund of the State unless otherwise specified by the General Assembly in the Annual Budget Act.
29 Del. C. § 8102 — Delaware Code / Title 29 / Chapter 81 / Section 8102
§ Â
        8102. Secretary; Deputy Secretary; Acting Secretary; appointment.
Status: in_force

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

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

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

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

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. The Deputy Secretary so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such Deputy Secretary may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until the Secretary’s successor is duly qualified and appointed.
29 Del. C. § 2315 — Delaware Code / Title 29 / Chapter 23 / Section 2315
§ Â
        2315. Fees.
Status: repealed

The fees to be charged by the Secretary of State for the use of the State are as follows:

For issuing certificate in private case under the Great Seal $ 3.00

For issuing certificate in private case under the seal of office 2.00

For copying, per line .05

For receiving, filing and indexing certificates, statements, affidavits, decrees, agreements, surveys, reports and any other papers pertaining to corporations, except as otherwise provided in Title 8 10.00

For receiving, filing and indexing every paper now or hereafter provided by law to be filed with the Secretary of State, except as otherwise provided in Title 8 10.00

For recording, filing and indexing certificates, articles of association and any other paper required by law to be recorded by the Secretary of State, the same fees as provided by law for the recorder, except as otherwise provided in Title 8.

For proceeding for reinstatement, including the receiving, filing and indexing and all necessary certificates 15.00

For filing certificates of foreign corporations including the receiving, filing, indexing and issuing necessary certificates, $13 of which shall be paid to each prothonotary for filing and certificate. 30.00

For certifying acts or resolutions of a private nature, acts of a private character pertaining to the acknowledgement or recording of deeds or other papers or to titles or conveyances of real estate, the fees prescribed in § 909 of this title [repealed].

For commission to Attorney General and notaries public, each 15.00

For commission to justices of the peace 10.00

For commission to constables, when appointed by the Governor 10.00
29 Del. C. § 5938 — Delaware Code / Title 29 / Chapter 59 / Subchapter III / Section 5938
§ Â
        5938. Collective bargaining.
Status: in_force

(a) Except as expressly provided in subsection (c) of this section, nothing contained in this chapter or in the rules shall deny, limit or infringe upon the right of any employee in the classified service or any exclusive bargaining representative under Chapter 13 of Title 19.

(b) Except as expressly provided in subsection (c) of this section, nothing contained in this chapter or in the rules shall deny, limit or infringe upon any collective bargaining agreement or the authority and duty of this State or any agency thereof to engage in collective bargaining with the exclusive bargaining representative under Chapter 13 of Title 19.

(c) The rules adopted or amended by the Board under the following sections shall apply to any employee in the classified service represented by an exclusive bargaining representative or covered by a collective bargaining agreement under Chapter 13 of Title 19, except in the case of collective bargaining agreements reached pursuant to § 1311A of Title 19: §§ 5915 through 5921, 5933, 5935, and 5937 of this title.

(d) The rules adopted or amended by the Board under the following sections shall not apply to any employee in the classified service represented by an exclusive bargaining representative to the extent the subject thereof is covered in whole or in part by a collective bargaining agreement under Chapter 13 of Title 19: §§ 5922 through 5925 of this title, except where transfer is between agencies or where change is made in classification or pay grade; §§ 5926 through 5928 of this title, except where an employee laid off by 1 agency is reemployed by another; and §§ 5929 through 5932, 5934, and 5936 of this title.

(e) The Secretary or the Secretary’s designee and the Board shall meet with the exclusive bargaining representative at reasonable times to negotiate in good faith with respect to any rule to be adopted or amended under §§ 5915 through 5921, 5933, 5935, and 5937 of this title and, to the extent the subject thereof is not covered in whole or in part by a collective bargaining agreement under Chapter 13 of Title 19, §§ 5922 through 5932, 5934, and 5936 of this title.
29 Del. C. § 7416 — Delaware Code / Title 29 / Chapter 74 / Section 7416
§ Â
        7416. Timetable for use of funds and the sale of bonds and notes; commencement of authorized project.
Status: in_force

(a) No funds appropriated by an authorization act shall be encumbered more than 3 years after the passage of such act for any individual project unless:

(1) Such project has progressed into any of the following phases prior to that date: Planning, initial engineering, land, building or equipment acquisition, construction or reconstruction; and

(2) Eighty-five percent of the project costs have been expended on 1 or more of such phases.

(b) No bonds or notes shall be issued or funds borrowed pursuant to an authorization act, 4 years after the passage of such act, except:

(1) As provided in 54 Del. Laws, c. 345, as amended (Chapter 75 of this title, as amended); and

(2) With respect to bonds authorized prior to this chapter which shall remain subject to the law under which they were originally authorized.

(c) Any project authorized to be undertaken with the proceeds of bonds of the State shall commence in the fiscal year in which it is authorized. If such duly authorized project has not proceeded into 1 or more of the phases identified in subsection (a) of this section within 18 months from the effective date of the original authorization, the authorized but unsold portion of the bonds shall automatically be deauthorized and any unspent cash balances shall be reverted to the Bond Reversion Account to be applied to the costs of any other authorized project, pursuant to § 7418 of this title.
29 Del. C. § 4600 — Delaware Code / Title 29 / Chapter 46 / Section 4600
§ Â
        4600. Short title.
Status: in_force

This chapter may be cited as the “Office of Defense Services Act.”
29 Del. C. § 102 — Delaware Code / Title 29 / Chapter 1 / Section 102
§ Â
        102. Consent to purchase of land by the United States.
Status: in_force

The consent of the General Assembly is given to the purchase by the government of the United States, or under authority of such government, of any tract, piece or parcel of land, not exceeding 10 acres in any 1 place or locality, for the purpose of erecting thereon lighthouses and other needful public buildings whatsoever and of any tract, piece or parcel of land, not exceeding 100 acres in any 1 place or locality, for the purpose of erecting thereon forts, magazines, arsenals, dockyards and other needful buildings, from any individuals, bodies politic or corporate within the boundaries or limits of the State; and all deeds, conveyances or title papers for the same shall be recorded as in other cases upon the land records of the county in which the land so conveyed may be situated and, in like manner, may be recorded a sufficient description, by metes and bounds, courses and distances of any tracts or legal divisions of any public land belonging to the United States, which may be set apart by the general government for any or either of the purposes before mentioned by an order, patent or other official document or papers so describing such land. The consent herein given is in accordance with clause 18, § 8 of Article I of the Constitution of the United States and with the acts of Congress in such cases made and provided.
29 Del. C. § 8921 — Delaware Code / Title 29 / Chapter 89 / Subchapter II / Section 8921
§ Â
        8921. Definitions.
Status: in_force

As used in this subchapter unless the context otherwise requires:

(1) “Applicant” means any person who is seeking employment with the Department for a security sensitive position.

(2) “Applicant-employee” means an employee of the State who is an applicant for a security sensitive position in the Department.

(3) “Department technical representative” means an employee of the Department designated by the Commissioner to ensure compliance with the requirements of this subchapter and whose duties include, but are not limited to, the following:

a. Scheduling of urine specimen collections;

b. Designation of collection sites;

c. Assuring the integrity of collection procedures and sites;

d. Assuring the integrity of testing and specimen retention procedures;

e. Reviewing the data and reports; and

f. Acting as the Commissioner’s contact person for the testing for illegal drugs.

(4) “Employee” means a person with whom the State has an employer-employee relationship.

(5) “Incident triggered testing” means any incident involving death or serious physical injury to a Department employee, loss or significant damage to Department property, escape of an inmate or detentioner where the security sensitive employee was directly involved in the incident.

(6) “Random testing” means tests based upon an appropriate random sampling technique, with significant samples of Department employees in security sensitive positions being tested on a periodic basis with all such employees having a reasonably equal chance of being tested.

(7) “Reasonable suspicion” means when the Department, acting through its supervisory personnel, has reasonable suspicion that the appearance or conduct of Department employees in a security sensitive position is indicative of their having being impaired by an illegal drug.

(8) “Security sensitive position” means any of the following positions in the Department:

a. The Commissioner;

b. Bureau Chiefs;

c. Security positions;

d. Employees of the Department who are required or permitted to carry a firearm;

e. Department employees who have a significant degree of responsibility for the safety of others and whose impaired performance or undue influence of that Department employee could potentially result in death or injury to employees or others; or

f. Department employees as otherwise designated by the Department pursuant to its policies and procedures.
29 Del. C. § 5941A — Delaware Code / Title 29 / Chapter 59 / Subchapter IV / Section 5941A
§ Â
        5941A. Requirement of registration with Selective Service System.
Status: in_force

The rules shall provide that all males born after January 1, 1960, must have registered with the Selective Service System in order to be eligible for state employment.
29 Del. C. § 7526 — Delaware Code / Title 29 / Chapter 75 / Section 7526
§ Â
        7526. Use of appropriated funds for inspecting and auditing.
Status: in_force

(a) The local school district shall apply such portions of the total cost of any school construction improvement authorized by a school construction bond authorization act as shall be necessary to provide for the cost of auditing such school construction improvement, but in no event shall such portion exceed 1/2 percent of such total cost. The Auditor of Accounts shall be responsible for conducting or having conducted such audit subject to § 2906(c) and (d) and §§ 2907, 2908 and 2909 of this title, as amended.

(b) The local school district shall allocate such portion of the total cost of major school construction improvements for which funds are appropriated by an authorization act as shall be necessary to provide for the cost of inspecting such school construction improvement. The local school district may also allocate a portion of the funds appropriated for minor school improvements for such inspection services.

(c) The local school district shall let contracts for inspection of school construction improvements. In contracting for the inspection of major or minor school construction improvements, the local school district shall give first preference to an experienced and able Delaware organization offering to provide such inspection services on a nonprofit, at-cost basis. Such contracts shall not be deemed public works contracts as defined in Chapter 69 of this title, as amended. If no such organization is able or willing to perform such specialized service on such nonprofit, at-cost basis, then the local school district may contract for such services with profit-making organizations subject to Chapter 69 of this title.
29 Del. C. § 9008D — Delaware Code / Title 29 / Chapter 90D / Section 9008D
§ Â
        9008D. Division of Statewide Benefits and Insurance Coverage.
Status: in_force

(a) The Division of Statewide Benefits and Insurance Coverage of the Department of Human Resources is hereby established having powers, duties and functions as follows:

(1) With the exception of deferred compensation pursuant to Chapter 60A of this title and any other investment or retirement savings plan, the Director of Statewide Benefits and Insurance Coverage shall be responsible for the management and administration of all currently existing and future state employee benefits programs, including but not limited to group health, group life, flexible benefits, dental, vision, prescription, long-term care, disability, and supplemental benefits.

(2) Pursuant to § 6508 of Title 18.

(b) The Director of Statewide Benefits and Insurance Coverage shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
29 Del. C. § 2544 — Delaware Code / Title 29 / Chapter 25 / Subchapter IV / Section 2544
§ Â
        2544. Common Interest Community Ombudsperson; powers and duties.
Status: in_force

The Ombudsperson shall have the following powers and duties:

(1) To contact declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, and other interested parties to inform them of the services available through the Office. In addition to any other method used to publicize the Office’s services, the Ombudsperson shall maintain a website containing information about the Office, contact information, the services available through the Office, any information required to be placed on the website by other provisions of this chapter, and any other information deemed appropriate by the Ombudsperson.

(2) To assist declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, and other interested parties in understanding their rights and responsibilities and the processes available to them according to the law, regulations, and documents governing their respective common interest community. The Ombudsperson is not the attorney for declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties; no attorney-client relationship shall be implied or established by the Ombudsperson’s communication with such persons, and the Ombudsperson may not act as or appear to act as an attorney in a legal action brought by such persons.

(3) To organize and conduct meetings to educate declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, and other interested parties about their rights and responsibilities and the processes available to them according to the law, regulations, and documents governing their respective common interest community.

(4) To prepare and publish educational and reference materials about common interest communities and to make these resources available in print and on the Office’s website. The materials about common interest communities shall include general information about the roles, rights, and responsibilities of the various parties, suggestions for the orderly operation of the common interest community association, mechanisms for internal dispute resolution, or any other information deemed appropriate by the Ombudsperson.

(5) To develop and publicize procedures intended to result in fair elections for members and officers of a common interest community association.

(6) To provide monitors and vote counting services to common interest community associations, intended to result in fair elections for members and officers of a common interest community association, when 15% of the total voting interests of a common interest community association, or 6 unit owners, whichever is greater, petition the Ombudsperson to do so.

(7) To provide meetings, mediation, or other forms of alternative dispute resolution as may from time to time be requested by declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties. Nothing in this paragraph shall affect the right of a declarant, common interest community association, the executive board of a common interest community association, unit owners in common interest community, or other interested parties from proceeding pursuant to the procedure established by § 348 of Title 10.

(8) To establish a template of reasonable written procedures for the executive board of a common interest community association to adopt to internally handle complaints from unit owners and other interested parties. Each common interest community association shall adhere to the established written procedures when resolving complaints from unit owners and other interested parties. The procedures established by the Ombudsperson and adhered to by the common interest community association may include the following, in addition to procedures outlined in the common interest community association’s declaration, bylaws, or other governing documents:

a. That the complaint to the common interest community association must be in writing.

b. That a sample complaint form, if any, on which the complaint must be filed shall be provided upon request.

c. That the common interest community association’s complaint written procedure shall include the process by which the complaint shall be delivered to the common interest community association.

d. That the common interest community association shall provide written acknowledgment of the receipt of the complaint to the complainant within 14 days of receipt. Such acknowledgment shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the complainant at the address provided or, if consistent with established procedure of the common interest community association, delivered by electronic means, provided the sender retains sufficient proof of the electronic delivery.

e. That any specific documentation that must be provided with the complaint shall be described in the common interest community association’s complaint procedure. In addition, to the extent the complainant has knowledge of the law or regulation applicable to the complaint, the complainant shall provide that reference, as well as the requested action or resolution.

f. That the common interest community association shall have a reasonable, efficient, and timely method for identifying and requesting additional information that is necessary for the complainant to provide in order to continue processing the complaint. The common interest community association shall establish a reasonable timeframe for responding to and disposing of the complaint if the request for information is not received within the required timeframe.

g. That, within a reasonable time prior to the consideration of the complaint, the complainant shall be notified of the date, time, and location that the complaint will be considered. For purposes of this paragraph, “reasonable time” shall mean such time as established by the common interest community association’s complaint procedure, but shall not be less than 7 days prior to the date for consideration of the complaint. Notice of the date, time, and location for consideration of the complaint shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the complainant at the address provided or, if consistent with established procedure of the common interest community association, delivered by electronic means, provided the sender retains sufficient proof of the electronic delivery.

h. That after the final determination is made, the written notice of the final determination shall within 14 days be hand-delivered or mailed by registered or certified mail, return receipt requested, to the complainant at the address provided or, if consistent with established procedure of the common interest community association, delivered by electronic means, provided the sender retains sufficient proof of the electronic delivery.

i. That the notice of final determination shall be dated as of the date of issuance and include specific citations to the common interest community association’s declaration, bylaws, or other governing documents, or to an applicable law or regulation that led to the final determination, as well as the registration number for the common interest community association. If applicable, the name and license number of the common interest community manager shall also be provided.

(9) To receive complaints from declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties regarding potential violations of the law, regulations, or documents governing their respective common interest community. Prior to submitting a complaint to the Ombudsperson, complainants must complete the process established by the Ombudsperson and adopted by the executive board of a common interest community association pursuant to paragraph (8) of this section and must include a copy of the final determination with the complaint filed to the Ombudsperson.

(10) To investigate any complaint received and, if meritorious and appropriate, to provide meetings, mediation, or other forms of alternative dispute resolution to those parties involved in order to assist in the resolution of the complaint.

(11) To refer meritorious violations of existing Delaware law to the Attorney General or other appropriate law-enforcement agency for prosecution.

(12) To subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the exercise of the powers or the performance of the duties vested in the Ombudsperson by this section. The power contained in this paragraph may also be exercised by any other employee of the Office who is a member in good standing of the Bar of this State.

(13) To establish and publish, in print and on the Office’s website, procedural rules for meetings, mediation, or other forms of alternative dispute resolution organized pursuant to this section.

(14) To establish and publish, in print and on the Office’s website, procedures and forms for accepting complaints from declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties regarding potential violations of the law, regulations, or documents governing their respective common interest community.

(15) To establish: fees for meetings, mediation, or other forms of alternative dispute resolution; election monitoring; vote counting; or other services as provided by the Ombudsperson pursuant to this section. The amount to be charged for each fee imposed under this paragraph shall approximate and reasonably reflect all costs necessary to defray the expenses related to providing these services.

(16) To make an annual report of the Office’s activities to the Governor, the Attorney General, the General Assembly, and the Chief Justice of the Supreme Court on or before December 1 of each year. A copy of the report shall be provided to the Director and the Librarian of the Division of Legislative Services. Each such report shall contain:

a. Statistics on the number of inquiries and complaints handled by the Office;

b. Information on education and outreach efforts by the Office;

c. Concerns expressed to the Office by declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties;

d. Legal developments impacting common interest communities;

e. Recommendations for changes to Delaware law or rules of court procedure designed to improve the regulation and operation of common interest communities made by the Ombudsperson and the Common Interest Community Advisory Council;

f. Any other information deemed appropriate by the Ombudsperson.

(17) To organize and hold public meetings as necessary to gain a comprehensive sense of the issues facing common interest communities in this State. When such meetings are held, at least 1 meeting shall be held in each county at a convenient place within each county. When such meetings are held, the information obtained from these meetings shall be made part of the report issued pursuant to paragraph (15) of this section.

(18) To perform any other function necessary to fulfill the powers and duties outlined in this section.

(19) To direct the work of the Office consistent with the powers and duties established by this section.

(20) To employ and supervise staff necessary to assist in carrying out the powers and duties established by this section, within the limitations of funds appropriated by the General Assembly.
29 Del. C. § 5315 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5315
§ Â
        5315. Actuarial valuations and appropriations.
Status: in_force

(a) The state appropriations to fund the benefits provided by this chapter shall be deposited monthly into the State Employees’ Retirement Fund established by §  5541 of this title.

(b) The State’s appropriation to the Fund for the Fiscal Year 1991-92, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the actuarial valuation as of June 30, 1991, and shall be the payment required to amortize the added unfunded accrued liability over 24 years from July 1, 1991. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll to be determined on the basis of a growth rate of 4% per year, compounded annually.
29 Del. C. § 6914 — Delaware Code / Title 29 / Chapter 69 / Subchapter II / Section 6914
§ Â
        6914. Delegation of centralized contracting authority.
Status: in_force

The Section may delegate its centralized contracting authority for specific materials and/or services or groups of materials and/or services to another covered agency with the covered agency’s concurrence.
29 Del. C. § 6425 — Delaware Code / Title 29 / Chapter 64 / Section 6425
§ Â
        6425. Department of Finance.
Status: in_force

(a) The Department of Finance, Division of Revenue, is authorized to maintain an appropriated special fund dedicated to the collection of delinquent taxes. The positions authorized to be funded through this account and all associated expenditures made from this account shall be for the purpose of collection of delinquent taxes. All collections on cases which have been referred to the Division’s Bureau of Tax Collections shall be deposited to this special fund until the amount deposited shall reach $350,000. Unencumbered balances on June 30 of each fiscal year, in excess of $50,000, shall be deposited into the General Fund.

(b) The Director of the Division of Revenue shall submit to the Controller General a report detailing expenditures from this account and revenues generated as a result of expenditures from the account. Said report shall be submitted by January 1 of each year for the preceding fiscal year.
29 Del. C. § 8105 — Delaware Code / Title 29 / Chapter 81 / Section 8105
§ Â
        8105. Division of Promotion and Production Support.
Status: in_force

The Division of Promotion and Production Support is established having such powers and duties and functions as may be assigned to it by the Secretary consistent with this chapter.
29 Del. C. § 8105A — Delaware Code / Title 29 / Chapter 81 / Section 8105A
§ Â
        8105A. The Division of Resource Management.
Status: in_force

The Division of Resource Management is established having such powers, duties and functions as may be assigned to it by the Secretary consistent with this chapter.
29 Del. C. § 7905A — Delaware Code / Title 29 / Chapter 79A / Section 7905A
§ Â
        7905A. Records.
Status: in_force

The Department shall keep a register of cemeteries in this State and records relating to meetings of the Board.
29 Del. C. § 3705 — Delaware Code / Title 29 / Chapter 37 / Section 3705
§ Â
        3705. Compensation.
Status: in_force

The members of the Commission shall serve without compensation.
29 Del. C. § 7990 — Delaware Code / Title 29 / Chapter 79 / Subchapter IX / Section 7990
§ Â
        7990. Definitions.
Status: in_force

As used in this subchapter:

(1) “Director” means the Director of the State Division of Public Health.

(2) “Division” means the State Division of Public Health within the Department of Health and Social Services of the State.

(3) “HIV” means the Human Immunodeficiency Virus that causes Acquired Immune Deficiency Syndrome (AIDS).

(4) “Participant” means an injection drug user who obtains a sterile needle and syringe unit under the program established in § 7991 of this title.
29 Del. C. § 4701 — Delaware Code / Title 29 / Chapter 47 / Section 4701
§ Â
        4701. Division of Forensic Science established; purpose.
Status: in_force

The purpose of this chapter is to establish a Division of Forensic Science to provide leadership and coordination in the exercise of forensic sciences. In furtherance of that purpose, there is created the Division of Forensic Science under the supervision and control of the Director of the Division of Forensic Science. The Division of Forensic Science is established and operational within the Department of Safety and Homeland Security. The Division of Forensic Science shall have all the powers, duties, and functions heretofore vested in the Office of the Chief Medical Examiner, its personnel, and the Forensic Science Laboratory. The Office of the Chief Medical Examiner is hereby abolished.
29 Del. C. § 1110 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1110
§ Â
        1110. Controller General; responsibility; duties; compensation.
Status: in_force

(a) (1) The Council shall appoint a Controller General who, primarily, shall work with and assist the General Assembly’s Joint Finance Committee and Joint Committee on Capital Improvement.

(2) The Council shall provide for additional employees, including a Deputy Controller General, as may be necessary to enable the Controller General to perform the functions assigned under this section or other law of this State.

(3) There is created an Office of the Controller General to assist the Controller General in performing the functions assigned under this section and other Delaware law.

(b) (1) If the Controller General dies, resigns, or is removed, the Deputy Controller General serves as Acting Controller General until the Council appoints a Controller General.

(2) The Controller General may, during an absence from the State, appoint the Deputy Controller General to serve as Acting Controller General during the Controller General’s absence.

(3) The Controller General or Council may appoint the Deputy Controller General to serve as Acting Controller General when the Controller General is temporarily incapacitated.

(c) (1) The Controller General shall do all of the following:

a. Participate in any or all hearings held by the Joint Finance Committee, the Joint Committee on Capital Improvement, the Director of the Office of Management and Budget, or other state agencies in connection with contemplated general fund budget appropriations, capital improvement programs, or supplementary appropriations.

b. Prepare fiscal projections under Chapter 19 of this title.

c. Prepare fee impact statements under § 913 of this title.

d. Perform other duties as may be assigned or delegated by the Council.

(2) The Controller General may do all of the following:

a. Access records of all state agencies. A state agency shall provide the access requested by the Controller General.

b. Request from a state agency all reasonable information and data as directed by the Joint Finance Committee or Joint Committee on Capital Improvement to assist the General Assembly in the effective discharge of its state financial responsibilities. A state agency shall provide information and data requested by the Controller General.

(d) The Controller General may perform management and program reviews. Management and program reviews include any analyses necessary to determine operational efficiency and effectiveness, compliance with the laws of this State, and legislative intent.

(e) The Controller General, Deputy Controller General, and any other individuals employed to assist the Controller General shall receive compensation, including salaries and other necessary expenses, as determined by the Council, subject to the limitations imposed in the annual appropriation act.
29 Del. C. § 1124 — Delaware Code / Title 29 / Chapter 11 / Subchapter II / Section 1124
§ Â
        1124. Exchanging.
Status: in_force

The Director of the Division of Legislative Services, or the Director’s designee, in conjunction with the State Law Library in Kent County shall forward a copy of the Session Laws and the legislative journals published by or under the authority of the State to each state, territory or district of the United States which exchanges its books with the State Law Library in Kent County and may exchange books with any province of Canada and foreign country that exchanges its books with the State Law Library in Kent County. In the event that any state, territory, district, province or country does not exchange Session Laws and legislative journals published by it or under its authority or does not exchange a book or set of books equivalent to sets of books published by the State, then the Director, or the Director’s designee, may refuse to transmit to such state, territory, district, province or country such books of the State. The Director, or the Director’s designee, may also exchange books of the State for books of equal value received from other sources.
29 Del. C. § 8319 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8319
§ Â
        8319. Delaware Motion Picture and Television Development Commission [Transferred].
Status: in_force

Transferred to § 8750A of this title by 81 Del. Laws, c. 49, § 2, effective July 1, 2017, by virtue of § 23 of the act.