29 Del. C. § 4104 — Delaware Code / Title 29 / Chapter 41 / Section 4104
§ Â
        4104. Consortium chair and vice chair; appointment and duties [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, Â 2].
Status: in_force

(a) The Governor shall appoint from among the voting members of the Consortium a chair and vice chair, to serve at the pleasure of the Governor.

(b) The chair and vice chair of the Consortium shall guide the administration of the Consortium by doing, at a minimum, all of the following:

(1) Set the date, time, and place for meetings of the Consortium.

(2) Supervise the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Consortium.

(3) Preside over meetings of the Consortium.

(4) Maintain order during a meeting of the Consortium and decide all questions of order.
29 Del. C. § 6302A — Delaware Code / Title 29 / Chapter 63A / Section 6302A
§ Â
        6302A. Director; appointment; salary; bond; employees and assistants.
Status: in_force

(a) The administrator and head of the Office is the Director of the Office of Management and Budget (“Director”).

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

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

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

(b) The Director may employ such employees as may be required to carry out the duties of this office and may fix the salaries of such employees within the limitations of the funds appropriated therefore.

(c) In the event of a vacancy in the position of Director, including the death, resignation, temporary incapacity or removal of the incumbent and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting Director.

(d) The Director may call upon any other state officer for such assistance as the Director may require and may employ such special help as it may require to carry out this chapter. The Director shall fix the compensation of such persons as may be employed to be paid out of such fund as the General Assembly may appropriate for that purpose.
29 Del. C. § 9012D — Delaware Code / Title 29 / Chapter 90D / Section 9012D
§ Â
        9012D. Counsel; powers and duties.
Status: in_force

Notwithstanding § 2507 of this title, the Department shall employ 1 counsel experienced in the field of labor and employment law, who may advise the Department on matters of labor and employment law and who shall assist the Department in developing standards, policies, programs and training materials that satisfy Delaware and federal law.
29 Del. C. § 7101 — Delaware Code / Title 29 / Chapter 71 / Section 7101
§ Â
        7101. Definition of agency.
Status: in_force

As used in this chapter, the term “agency” shall have the same meaning as defined in § 6301 of this title; provided, however, that the judiciary and the courts of the State shall be included in the meaning of the term “agency” when used in this chapter.
29 Del. C. § 5904 — Delaware Code / Title 29 / Chapter 59 / Subchapter I / Section 5904
§ Â
        5904. Classification of exempt employees.
Status: in_force

Any employee whose position has been in an exempt status under § 5903(4) and (5) of this title who, as the result of a reorganization of state government approved by the General Assembly, is thereafter assigned to a position in the classified service, shall have such position classified by the Secretary and an appropriate title and pay grade assigned thereto, in accordance with this chapter and the rules and regulations promulgated under this chapter. Any such employee shall be continued in such employee’s newly assigned position without an examination requirement, unless subsequently separated from such position as provided by law.
29 Del. C. § 5251 — Delaware Code / Title 29 / Chapter 52A / Section 5251
§ Â
        5251. Definitions.
Status: in_force

As used in this chapter:

(1) “Carrier” means the disability insurance company selected pursuant to § 5254 of this title.

(2) “Committee” means the State Employee Benefits Committee as established by § 9602 of this title.

(3) “Creditable compensation” means the base rate of compensation that the employee received on the last day of employment before the employee developed a disability as determined by the Committee.

(4) “Disability benefit” means income replacement payments payable to a participating employee under a short-term or long-term disability benefit program pursuant to this chapter.

(5) “Employee” means an eligible “employee” as defined in § 5501 of this title who elects to participates in the Program as specified in § 5519 of this title. This shall include any employee who is collecting benefits pursuant to § 8352(4) of Title 11.

(6) “Employment” means any occupation for which the employee is reasonably suited by training or experience.

(7) “Program” means the Disability Insurance Program created pursuant to this chapter providing short-term and long-term disability benefits for eligible employees electing to participate in the Program.
29 Del. C. § 7308 — Delaware Code / Title 29 / Chapter 73 / Section 7308
§ Â
        7308. Submission of plans.
Status: in_force

(a) No person shall undertake the construction or alteration of any facility covered by this chapter without first submitting the plan, specifications or design for such construction to the Board for review and approval. No such construction shall commence until the Board has issued a letter of approval stating that the proposed construction conforms with this chapter and the Board’s standards.

(b) Plans, specifications or designs for all construction or alterations shall be filed with the Board by the design architect or engineer or, in the case of plans and specifications for which there is no design architect or engineer, by a person responsible for the construction or alterations. All solicitations for bids on projects for construction or alteration of facilities covered by this chapter, which are published pursuant to this title, shall state that conformity to the Delaware Architectural Accessibility Act and the standards of the Board shall be required.

(c) No facility shall be leased or rented by the State unless the state agency responsible for the lease has submitted to the Board for review and approval such plans, description, specifications or other documentation concerning the accessibility of such facility as the Board by regulation may require.

(d) Any plans, specifications, designs or other documentation required under this section which are properly submitted to the Board at least 10 days prior to a meeting of the Board shall be acted upon by the Board on or before the meeting next following such meeting of the Board, or within 60 days following its submission, whichever first occurs. In the event that the Board has not acted upon a submission within such period, the Chairperson of the Board shall issue a letter of approval to the submitter.

(e) The Board may reject any submission either in whole or in part for noncompliance with this chapter or the standards of the Board. The Board shall state in writing its reason for such rejection.
29 Del. C. § 7107 — Delaware Code / Title 29 / Chapter 71 / Section 7107
§ Â
        7107. Identification of state-owned vehicles and boats.
Status: in_force

All state-owned motor vehicles shall bear on the rear license plates issued by the Division of Motor Vehicles the notation “STATE OWNED.” All state–owned boats shall bear prominent identification on the rear thereof identifying such boats as state owned. The automobile used by the Governor, and law-enforcement vehicles and vessels of State agency law-enforcement personnel covered under the provisions of the Police Officer Standards and Training Commission, are exempted from the requirements of this section. Other exemptions from this section must be approved by the Director of the Office of Management and Budget.
29 Del. C. § 10206 — Delaware Code / Title 29 / Chapter 102 / Section 10206
§ Â
        10206. Committee subpoena powers.
Status: in_force

(a) (1) The Committee may issue process to a witness at any place in this State and compel the witness’s attendance or compel the production of a document, book, record, paper, or other object that may be necessary or proper for the purpose of a full review or focused review.

(2) The Committee may issue an attachment when necessary to obtain compliance with a subpoena or other process. An attachment issued under this section may be addressed to and served by any peace officer in this State.

(3) The committee chair shall issue in the name of the Committee a subpoena that the Committee requests by affirmative vote of a majority of committee members. If the chair is unavailable, the chair’s designee may issue a subpoena or another lawful process under this section.

(b) Testimony taken under subpoena must be given under oath subject to the penalties of perjury, and must be reduced to writing.
29 Del. C. § 9506 — Delaware Code / Title 29 / Chapter 95 / Section 9506
§ Â
        9506. Buildings, structures and improvements.
Status: in_force

(a) Where any interest in real property is acquired, an equal interest in all buildings, structures or other improvements located upon the real property so acquired and which is required to be removed from such real property or which is determined to be adversely affected by the use to which such real property will be put shall be acquired.

(b) For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as above set forth, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of the tenant’s term, and the fair market value which such building, structure or improvement contributes to the fair market value of the property to be acquired, or the fair market value of such building, structure or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.

(c) Payment for such buildings, structures or improvements as set forth above shall not result in duplication of any payments otherwise authorized by the laws of this State. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release all right, title and interest in and to such improvements. Nothing with regard to the above-mentioned acquisition of buildings, structures or other improvements shall be construed to deprive the tenant of any right to reject payment and to obtain payment for such property interests in accordance with other laws of this State.
29 Del. C. § 5212 — Delaware Code / Title 29 / Chapter 52 / Section 5212
§ Â
        5212. Cost sharing in prescription insulin drugs.
Status: in_force

(a) For purposes of this section, “prescription insulin drug” means a drug containing insulin that is dispensed under Chapter 47 of Title 16 for the treatment of diabetes.

(b) The plan must provide coverage for prescription insulin drugs that does all of the following:

(1) Caps the total amount that a covered individual is required to pay for covered prescription insulin drugs at no more than $100 per month for each enrolled individual, regardless of the amount or types of insulin needed to fill the covered individual’s prescriptions. The $100 per month cap includes deductible payments and cost-sharing amounts charged once a deductible is met.

(2) Includes at least 1 formulation of each of the following types of prescription insulin drugs on the lowest tier of the drug formulary developed and maintained by the carrier:

a. Rapid-acting.

b. Short-acting.

c. Intermediate-acting.

d. Long-acting.

(3) For purposes of paragraph (b)(2) of this section, the “lowest tier of the drug formulary” means either of the following:

a. If the prescription insulin drug is a generic drug, the lowest tier for generic drugs.

b. If the prescription insulin drug is a brand-name drug, the lowest tier for brand-name drugs.

(c) The cap on the amount a covered individual is required to pay under paragraph (b)(1) of this section applies to an enrolled individual who is in compliance with all coordination of benefits policies of the plan, including spousal coordination of benefits.
29 Del. C. § 4704 — Delaware Code / Title 29 / Chapter 47 / Section 4704
§ Â
        4704. Duties of Medical Examiners.
Status: in_force

(a) The Chief Medical Examiner and the assistant medical examiners shall carry out the provisions of this chapter to investigate all deaths throughout the State.

(b) The Chief Medical Examiner shall comply with the orders and directions of the Department of Safety and Homeland Security.
29 Del. C. § 301 — Delaware Code / Title 29 / Chapter 3 / Section 301
§ Â
        301. Great Seal.
Status: in_force

The seal now used as the Great Seal of this State and bearing the arms of this State shall be the Great Seal of this State. It is emblazoned as follows: Party per fess, or and argent, the first charged with a garb (wheat sheaf) in bend dexter and an ear of maize (Indian Corn) in bend sinister, both proper; the second charged with an ox statant, ruminating, proper; fess, wavy azure, supporters on the dexter a husbandman with a hilling hoe, on the sinister a rifleman armed and accoutred at ease. Crest, on a wreath azure and argent, a ship under full sail, proper, with the words “Great Seal of the State of Delaware,” the dates “1704, 1776, and 1787,” and the words “Liberty and Independence” engraved thereon.
29 Del. C. § 9002 — Delaware Code / Title 29 / Chapter 90 / Section 9002
§ Â
        9002. Department of Services for Children, Youth and Their Families reestablished.
Status: in_force

There is hereby reestablished the Department of Services for Children, Youth and Their Families hereinafter referred to as the “Department.”
29 Del. C. § 4852 — Delaware Code / Title 29 / Chapter 48 / Subchapter II / Section 4852
§ Â
        4852. General provisions.
Status: in_force

(a) Statement of policy and purpose. — The State of Delaware enters this compact to implement the operation of Tri-State Lotto, for the purpose of raising additional revenue for each of the party states. Tri-State Lotto is not intended to replace any existing lottery game in the party states but, rather, to be run in addition to these games. Tri-State Lotto tickets will be sold in each area to be determined by the Commission. Fifty percent of the gross sales from each state will be aggregated in a common prize pool, and operating costs will be charged proportionally to the sales made by each of the party states. The remaining revenues generated within each state will remain in that particular state.

(b) Definitions. — (1) “Commission” means the Tri-State Lotto Commission or its successor, created and established by this Compact;

(2) “Concurrent legislation” means legislation enacted by one of the party states which is concurred in by the other party states in the form of enactments having like effect;

(3) “Lotto” means a game of lotto as prescribed by the Commission;

(4) “Party states” means the states of New Hampshire, Maine, Vermont, and Delaware; and

(5) “Tri-State Lotto” means a combined lotto game for all member states, with common tickets, common advertising and a common prize pool.
29 Del. C. § 1713 — Delaware Code / Title 29 / Chapter 17 / Section 1713
§ Â
        1713. Privileges, immunities, and compensation of emergency interim successors.
Status: in_force

(a) If an emergency interim successor exercises the powers and assumes the duties of a member, the successor must be accorded the privileges and immunities, compensation, allowances, and other perquisites of office to which a member is entitled.

(b) In the event of an emergency event, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a member, must be accorded the privileges and immunities of a member while traveling to and from a place of session and must be compensated for such travel in the same manner and amount as a member.

(c) This section does not affect the privileges and immunities, compensation, allowances, or other perquisites of office of an incumbent member.
29 Del. C. § 2909 — Delaware Code / Title 29 / Chapter 29 / Section 2909
§ Â
        2909. Audit reports.
Status: in_force

(a) The Auditor shall file a written report covering the Auditor’s audit with the state agency concerned, the Governor, the General Assembly, the Attorney General and the Director of the Office of Management and Budget. The Auditor may present special reports to the General Assembly for consideration and action.

(b) An audit report must include at least all of the following:

(1) Whether all expenditures have been for the purpose authorized in the relevant appropriation.

(2) Whether all receipts have been accounted for and paid into the State Treasury as required by law.

(3) All illegal or unbusinesslike practices.

(4) Recommendations for greater simplicity, accuracy, efficiency and economy.

(5) Data, information, and recommendations the Auditor considers necessary.
29 Del. C. § 2106 — Delaware Code / Title 29 / Chapter 21 / Section 2106
§ Â
        2106. Use of signature stamp.
Status: in_force

In the preparation of marriage licenses and other licenses, the Governor may stamp the same with an autograph signature stamp.
29 Del. C. § 8723 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8723
§ Â
        8723. Delaware Commission of Veteransâ Affairs â Organization and operation [For application of the transfer of this section, see 85 Del. Laws, c. 137, Â 12] [Transferred].
Status: in_force

Transferred to § 8814 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025.
29 Del. C. § 10210 — Delaware Code / Title 29 / Chapter 102 / Section 10210
§ Â
        10210. Public hearings.
Status: repealed

(a) (1) From January through March each year, unless the needs of the General Assembly require otherwise, the Committee shall convene an initial hearing for each entity under full review or focused review that the chair schedules, to provide an opportunity for the Committee to meet with the entity to discuss the analysis, conclusions, and recommendations in the entity’s staff report and otherwise fulfill the Committee’s duties under § 10209(d) of this title for a full review or § 10212 of this title for a focused review.

(2) Following the initial public hearing under paragraph (a)(1) of this section, the Committee may, at the call of the chair, hold additional hearings as needed to complete conducting the full review or focused review. The entity’s staff or highest administrative officer is not required to attend an additional hearing unless the chair requests their attendance.

(3) [Repealed.]

(4) To encourage participation by the general public, the Committee shall hold a public hearing in the early evening hours if the Committee determines that an evening meeting would better serve the full review or focused review, the entity under review, or the constituency that the entity serves.

(b) Highest administrative officer attendance at public hearings. —

The highest administrative officer of an entity under full review or focused review must be present at the initial public hearing relating to the review and at each additional public hearing for which the committee chair requests the officer’s presence.

(1) The committee chair may excuse the highest administrative officer from the initial public hearing at the request of the officer, at the recommendation of committee staff, or as the chair may determine is appropriate.

(2) The highest administrative officer may, with the chair’s approval, appoint a designee to meet the officer’s obligations under this subsection.

(3) The Committee may designate an individual other than the highest administrative officer to meet the officer’s obligations under this subsection.

(c) (1) Notwithstanding § 10203(f) of this title, at the initial public hearing held relating to an entity under full review or focused review, individuals in attendance, including members of the general public, representatives of the entity under review, and witnesses on behalf of either the entity or the general public, are entitled to be heard and to present evidence for the record.

(2) Testimony or written materials relating to a full review or focused review that a member of the general public offers may not be unreasonably refused, and the Committee must retain and consider the testimony or written materials during the review.

(3) Testimony or written materials relating to a full review or focused review that an entity or a witness on behalf of an entity, including an officer or another individual having a direct interest in the continued existence of the entity under review, must be accepted and the Committee must retain and consider the testimony or written materials during the review.
29 Del. C. § 6517 — Delaware Code / Title 29 / Chapter 65 / Section 6517
§ Â
        6517. Secretary of Finance to safeguard and systematize expenditure.
Status: in_force

The Secretary of Finance may make such requirements as will tend to safeguard or systematize the expenditure of the State’s money; but the Secretary of Finance shall make no requirement that will unnecessarily interfere with the prompt payment of the amounts due, and under no circumstances shall the Secretary of Finance cause the payment of salaries of state officers to be delayed beyond the date upon which the same are due, nor shall the Secretary of Finance have the authority to countersign the checks of the Treasury Department.
29 Del. C. § 4713A — Delaware Code / Title 29 / Chapter 47 / Section 4713A
§ Â
        4713A. DNA analysis, sexual assault kit testing.
Status: in_force

(a) (1) A law-enforcement agency shall submit a SAK to the DFS laboratory no more than 30 days after the law-enforcement agency contacts DFS to discuss the evidence the law-enforcement agency has collected and what will be submitted for DNA analysis.

(2) If available, a law-enforcement agency shall submit a suspect standard or consensual partner elimination standard to the DFS laboratory with the SAK, or as soon as possible after submitting the SAK.

(3) A law-enforcement agency shall submit additional evidence items associated with a victim, suspect, or crime scene to the DFS laboratory with the SAK, or as soon as possible after submitting the SAK.

(b) (1) The DFS laboratory shall conduct DNA analysis of sexual assault kits submitted by law-enforcement agencies under § 4713(g)(1) of this title.

(2) The DFS laboratory shall complete the DNA analysis under paragraph (b)(1) of this section no more than 90 days after receipt.

(3) Each year, the average amount of time between when the DFS laboratory receives a SAK and when the complete DNA analysis and classification required under this section is completed must not exceed 90 days.

(c) (1) After completing the DNA analysis and classification, the Division of Forensic Science shall update the investigating law-enforcement agency on testing dates and outcomes of the evidence submitted under this section.

(2) The investigating law-enforcement agency shall update the Law Enforcement Investigative Support System with the evidence testing dates and upload the status and results received under paragraph (b)(2) of this section.

(d) (1) If a DNA profile is not eligible for NDIS under § 4713(g)(1) of this title due to inferior quality but the DNA profile has enough alleles present for inclusion within the SDIS, the DFS shall retain the DNA profile as a forensic sample for statewide comparison.

(2) If the Division of Forensic Science is unable to obtain an autosomal CODIS-eligible DNA profile, the investigating law-enforcement agency and the Department of Justice, in consultation with the DFS laboratory, must evaluate the case and determine if any other DNA-typing results could be used for investigative purposes.

(e) If the Division of Forensic Science is unable to meet the deadlines required under this section, the testing and analysis of untested sexual assault kits must be conducted by a federal or accredited, private crime laboratory, at the State’s expense.

(f) The failure to comply with a time requirement under this section does not provide a basis for any of the following:

(1) Grounds to challenge the validity of DNA evidence or the lack of DNA evidence in any criminal or civil proceeding.

(2) For a court to exclude any evidence generated from a SAK.

(3) For an individual who is accused or convicted of committing a crime to request that the individual’s case be dismissed or conviction be set aside.

(4) A claim for damages against a government employee, official, or entity.
29 Del. C. § 1502 — Delaware Code / Title 29 / Chapter 15 / Section 1502
§ Â
        1502. Powers and duties; reports.
Status: in_force

The Commissioners shall examine all subjects on which uniformity with the laws of other states is desirable, shall represent this State in the National Conference of Commissioners on Uniform State Laws and, in convention, conference or congress of like commissions of other states, shall consider and draft uniform or model laws to be submitted for the approval and adoption by the several states and this State and shall devise and recommend such courses of action as shall best accomplish the purpose of this chapter. The Commissioners shall report to the Governor, to the General Assembly and to the Legislative Council before the convening of each regular session of the General Assembly.
29 Del. C. § 5070 — Delaware Code / Title 29 / Chapter 50 / Subchapter V / Section 5070
§ Â
        5070. Definitions [Transferred].
Status: in_force

Transferred to § 8770A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5951 — Delaware Code / Title 29 / Chapter 59 / Subchapter V / Section 5951
§ Â
        5951. Services to political subdivisions and excluded agencies.
Status: in_force

Subject to approval of the Board, which shall take into account the primary responsibility of the Secretary towards the classified service, the Secretary may enter into agreements with any agency excluded from this chapter, or with any municipality or other political subdivision of this State to furnish services and facilities of the Board to such agency, municipality or political subdivision in the administration of its personnel according to merit principles. Any such agreement shall provide for the reimbursement to the State of the reasonable cost of the services and facilities furnished, as determined by the Secretary. All excluded agencies and all municipalities and political subdivisions of the State are authorized to enter into such agreements.
29 Del. C. § 8417 — Delaware Code / Title 29 / Chapter 84 / Section 8417
§ Â
        8417. Budgeting and financing.
Status: in_force

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

(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. § 10119 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10119
§ Â
        10119. Emergency regulations.
Status: in_force

If an agency determines that an imminent peril to the public health, safety or welfare requires the adoption, amendment or repeal of a regulation with less than the notice required by § 10115, the following rules shall apply:

(1) The agency may proceed to act without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable;

(2) The order adopting, amending or repealing a regulation shall state, in writing, the reasons for the agency’s determination that such emergency action is necessary;

(3) The order effecting such action may be effective for a period of not longer than 120 days and may be renewed once for a period not exceeding 60 days;

(4) When such an order is issued without any of the public procedures otherwise required or authorized by this chapter, the agency shall state as part of the order that it will receive, consider and respond to petitions by any interested person for the reconsideration or revision thereof; and

(5) The agency shall submit a copy of the emergency order to the Registrar for publication in the next issue of the Register of Regulations.
29 Del. C. § 4867 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4867
§ Â
        4867. Annual report.
Status: in_force

(a) Each registrant shall annually submit a report to the Director no later than June 30 of each year, which shall include all of the following information as it shall apply to accounts held by authorized players located in Delaware:

(1) The number of accounts held by authorized players on all platforms offered by the registrant, and the number of accounts held by highly experienced players on all platforms offered by the registrant.

(2) The total number of new accounts established in the preceding year, as well as the total number of accounts permanently closed in the preceding year.

(3) The total number of entry fees received from authorized players.

(4) The total number of prizes awarded to authorized players.

(5) The total amount of interactive fantasy sports revenue received by the registrant.

(6) The total amount of authorized players that requested to exclude themselves from contests.

(7) Any additional information that the Director deems necessary to carry out the provisions of this subchapter.

(b) Upon the submission of such annual report, to such extent that the Director deems it to be in the public interest, the Director shall be authorized to conduct a financial audit of any registrant, at any time, to ensure compliance with this subchapter.

(c) The Director shall annually publish a report based on the aggregate information provided by all registrants pursuant to subsection (a) of this section, which shall be published on a state website no later than 180 days after the deadline for the submission of individual reports as specified in subsection (a) of this section.
29 Del. C. § 6909 — Delaware Code / Title 29 / Chapter 69 / Subchapter I / Section 6909
§ Â
        6909. Special requirements for contracts involving environmental statutes.
Status: in_force

All contracts covered under this chapter shall make provisions for all federal and state anti-pollution, conservation and environmental statutes, rules and regulations and county ordinances which will be involved in the execution of the contract.
29 Del. C. § 3906 — Delaware Code / Title 29 / Chapter 39 / Section 3906
§ Â
        3906. Reports of Commission to the Governor.
Status: in_force

The Commission shall report to the Governor and to the General Assembly within 15 days after the convening of each regular legislative session and at such other times as it deems appropriate.
29 Del. C. § 6073 — Delaware Code / Title 29 / Chapter 60B / Section 6073
§ Â
        6073. Purposes.
Status: in_force

(a) The Fund shall be expended for long-term commitments to continuous quality improvement and other operational excellence initiatives, except as provided in § 6076.

(b) Moneys appropriated to the Fund may be allocated for activities and programs based on commonly-accepted industry best practices:

(1) Create continuous quality improvement plans for agencies.

(2) Establish performance-based budgeting measures to quantify effectiveness.

(3) Re-engineer work processes consistent with Lean and other process improvement methodologies.

(4) Train employees and leadership to lead continuous improvement organizations.

(5) Other operational excellence initiatives.

(6) Engage vendors and/or consultants to:

a. Set strategic direction and goals.

b. Conduct seminars/facilitations for executive branch leadership.

c. Help selected agencies adopt operational excellence initiatives.

d. Train Delaware state employees as trainers to sustain initiatives.
29 Del. C. § 2711 — Delaware Code / Title 29 / Chapter 27 / Section 2711
§ Â
        2711. Administration of moneys received from federal grants.
Status: in_force

(a) All federal financial assistance program money received by the State, whether directly or indirectly, in the form of cash, check or via an electronic funds transfer method, shall be reported to the Office of the State Treasurer by the receiving agency through the processing of the proper cash receipt transaction in the State’s financial management system. The amount received shall be credited to a special fund federal fund grant appropriation line. Such money is appropriated to the grant designated agency for the specific purposes for which the money was granted and shall be paid out of the special fund by the State Treasurer upon payment voucher executed by the designated agency.

(b) Nothing contained in this section shall affect federal grants or federal aid to the University of Delaware, the Agricultural Experimental Station and the Division of Agricultural Extension of the University of Delaware.

(c) Moneys received pursuant to 33 U.S.C § 701c-3 will be deposited into a special account and distributed annually by the State Treasurer to soil and water conservation districts within this state for the purpose of drainage and flood control. Distributions will be made to county soil and water conservation districts in which the subject leased lands are situated in proportional shares as required by 33 U.S.C § 701c-3.
29 Del. C. § 8007 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8007
§ Â
        8007. Council on Shell Fisheries.
Status: in_force

(a) There is established the Council on Shell Fisheries.

(b) The Council on Shell Fisheries shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the control and direction of the shellfish industry and the protection, conservation and propagation of shellfish of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Shell Fisheries shall be composed of 7 members who shall be appointed by the Governor. The Council shall be composed of the following members:

One person engaged in commercial lobstering or conching;

One person engaged in commercial crabbing;

One person engaged in commercial oystering;

One person engaged in commercial clamming;

One person knowledgeable in marine fisheries;

One person representing recreational shell fishing;

One person, the Chairperson, to serve at the pleasure of the Governor.

The terms of the members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 2 shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years.

(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, 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 such person’s political affiliation shall also be eligible for appointment as a member of the Council. Additionally, at least 1 member of the Council shall be a resident of New Castle County, at least 1 member of the Council shall be a resident of Kent County and at least 1 member of the Council shall be a resident of Sussex County.

(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. § 9041C — Delaware Code / Title 29 / Chapter 90C / Subchapter IV / Section 9041C
§ Â
        9041C. Purpose [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, Â 3].
Status: in_force

The Delaware AI Commission is created to do all of the following:

(1) Make recommendations to the General Assembly and to the Chief Information Officer of the Department on legislative and executive actions regarding AI in Delaware.

(2) Develop and recommend statewide processes, principles, and guidelines for executive, legislative, and judicial agencies to follow regarding use of AI.

(3) Encourage agencies to utilize AI to improve service delivery, where appropriate.

(4) Examine, develop, and recommend legislative, executive, and judicial actions that ensure the use of AI in Delaware keeps citizens safe and does not violate any individual’s rights.

(5) Conduct an inventory of all generative AI usage in Delaware executive, legislative, and judicial agencies and identify high risk areas for the implementation of generative AI.
29 Del. C. § 5040 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-B / Section 5040
§ Â
        5040. Establishment of the Human Investment and Partnership Program [Transferred].
Status: in_force

Transferred to § 8740A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 6604A — Delaware Code / Title 29 / Chapter 66A / Section 6604A
§ Â
        6604A. Review of proposals.
Status: in_force

The Department of State, upon receipt of a request for state assistance under this chapter, shall refer each proposal to the Division of Libraries and the Delaware Council on Libraries for their comments. The Division of Libraries and the Delaware Council on Libraries shall provide the Department of State with their comments on each such proposal within 30 days of receipt of the proposal. The Department of State shall forward all proposals and comments to the Director of the Office of Management and Budget. The Director of the Office of Management and Budget shall review all proposals for funding under this chapter and include all proposals as part of the annual capital budget. This review shall include, but not be limited to, a determination of need of the project, scope of the project, total cost of the project, and the availability of the non-state share.
29 Del. C. § 10115 — Delaware Code / Title 29 / Chapter 101 / Subchapter II / Section 10115
§ Â
        10115. Notice [For application of this section, see 80 Del. Laws, c. 113, Ââ8].
Status: repealed

(a) Whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication, in full or as a summary, in the Register of Regulations pursuant to § 1134 of this title. Any submission to the Registrar hereunder shall include, to the extent applicable, any agency regulatory statement required to be submitted by the agency pursuant to Chapter 104 of this title.

(1) The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act and reference to any other regulations that may be impacted or affected by the proposal;

(2) The notice shall state the manner in which persons may present their views: (i) if in writing, of the place to which and the final date by which such views may be submitted; or (ii) if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations.

(b) If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation a minimum of 20 days prior to such public hearing and shall also be advertised at least 20 days prior to such public hearing by electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by May 1, 2013, which shall be accessible to the public.

(c) The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings.

(d) No regulation being proposed to be formulated, adopted, amended or repealed shall be published if the requisite notice prescribed in subsection (a) of this section is not submitted with the proposed regulation to the Registrar of Regulations.
29 Del. C. § 5035 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-A / Section 5035
§ Â
        5035. Creation; definitions [Transferred].
Status: in_force

Transferred to § 8735A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 3701 — Delaware Code / Title 29 / Chapter 37 / Section 3701
§ Â
        3701. Delaware Commission on Indian Heritage and Culture; creation and purpose.
Status: in_force

The Delaware Commission on Indian Heritage and Culture (“Commission”) is created to establish, maintain, and develop cultural ties between Indians and Indian-Americans; foster a special interest in the historical and cultural backgrounds of both groups, as well as in the economic, political, social, and artistic life of the countries involved; and help study, establish, or promote programs or events that will provide appropriate awareness of the culture, history, heritage, and language of Indians and Indian-Americans.
29 Del. C. § 5309 — Delaware Code / Title 29 / Chapter 53 / Subchapter II / Section 5309
§ Â
        5309. Payment of disability pension.
Status: in_force

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

(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the Board, the pensioner’s total earnings from any gainful occupation or business in the preceding calendar year. One twelfth of the excess of such earnings over 1/2 of the annual rate of compensation received by the pensioner before he or she became disabled shall be deducted from the pensioner’s disability pension during each of the 12 months beginning in July of the year following the calendar year for which earnings are reported. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro rata basis.

(c) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the pensioner to qualify subsequently for a service pension or another disability pension.
29 Del. C. § 5702 — Delaware Code / Title 29 / Chapter 57 / Section 5702
§ Â
        5702. Declaration of policy.
Status: in_force

(a) In order to extend to employees of the State and its political subdivisions and to the dependents and survivors of such employees the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is declared to be the policy of the General Assembly, subject to the limitations of this chapter, that such steps be taken as to provide such protection to employees of the State and its political subdivisions on as broad a basis as is permitted under the Social Security Act.

(b) It is also the policy of the General Assembly that the protection afforded employees in positions covered by a retirement system on the date an agreement under this chapter is made applicable to service performed in such positions or those receiving periodic benefits under such retirement system at such time will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.
29 Del. C. § 8789 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8789
§ Â
        8789. Employees of the Corporation.
Status: in_force

(a) All employees of the Corporation shall be exempt from the provisions of Chapter 59 of this title, as amended. Except as otherwise provided herein, such employees shall not be considered state employees for purposes of wages, salaries, fringe benefits or for purposes of any other benefits which may accrue to state employees whether exempt or merit employees, including benefits that may accrue under Executive Order No. 36 dated November 23, 1977. Such employees shall be considered state employees for the purposes of participating in the same group medical risk pool, Workers’ Compensation Insurance Fund and the same deferred compensation plans available to state employees, although the terms of the group medical insurance, including benefits and coverage options provided to such employees, shall be determined by the Corporation and need not be the same as the terms available to state employees. The Corporation shall remit the full cost of such insurance to the State no later than the first day of each calendar month for which such insurance is being provided. The cost of such insurance shall be redetermined annually. The terms of medical insurance and deferred compensation programs available through the state shall not be a subject of collective bargaining. The Corporation shall establish pension plans for its employees who shall, for purposes of participation in any such plans, be governmental employees. Contributions by the Corporation and/or its employees pursuant to such plans shall be deposited into a fund established for these purposes. Benefits, fees and expenses authorized to be paid pursuant to such plans shall be paid from said fund. The assets of such fund may be commingled for investment purposes with the assets of the fund created by § 5541 of this title, referred to as the State Employees’ Retirement Fund. The fund established by the Corporation shall at all times be maintained separately for purposes of accounting and expenses. No assets of the State Employees’ Retirement Fund shall be used to pay benefits owed to employees of the Corporation. The Corporation’s pension plans shall be administered by the Board of Pension Trustees established by § 8308 of this title, upon such terms and conditions as the Corporation may negotiate with the Board of Pension Trustees.

(b) The Corporation shall be a public employer, as provided in § 1302(n) of Title 19, and the Corporation shall be subject to the Public Employment Relations Act, Chapter 13 of Title 19.
29 Del. C. § 4811 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4811
§ Â
        4811. Jurisdiction in Superior Court.
Status: in_force

The Superior Court has exclusive jurisdiction over offenses under this subchapter, except for offenses under §§ 4810(a) and 4836(a) and (b) of this title.
29 Del. C. § 842 — Delaware Code / Title 29 / Chapter 8 / Subchapter IV / Section 842
§ Â
        842. Evidence.
Status: in_force

When the maps referred to in this chapter are so recorded in the respective recorder of deeds’ offices, they shall be prima facie evidence in all judicial proceedings as to the correctness of the boundaries shown thereon.
29 Del. C. § 573 — Delaware Code / Title 29 / Chapter 5 / Subchapter III / Section 573
§ Â
        573. Powers and duties with respect to State Museum.
Status: in_force

The Department may:

(1) Solicit and receive funds for the purpose of restoring and equipping the State Museum; and

(2) Collect and prepare suitable exhibits, purchase necessary supplies, tools and equipment and employ a curator and other personnel necessary for the adequate operation of the State Museum.
29 Del. C. § 8713A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8713A
§ Â
        8713A. Assumption of powers of Division.
Status: in_force

The Division shall have the power to perform and shall be responsible for the performance of all powers, duties and functions heretofore vested by law in the Division of Economic Development of the Department of Community Affairs and Economic Development immediately prior to November 1, 1981, and the Delaware Economic Development Office prior to July 1, 2017, and which are not otherwise specifically transferred by this chapter.
29 Del. C. § 8406 — Delaware Code / Title 29 / Chapter 84 / Section 8406
§ Â
        8406. Division of Highways.
Status: repealed

The Division of Highways is hereby established having powers, duties and functions as follows:

(1) The Division of Highways shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

a. The State Highway Department pursuant to Chapters 1, 3, 4, 5, 6 [repealed], 7, 9, 11, 12, 13 and 15 of Title 17 and Chapter 5 of Title 21; provided, however, that the powers, duties and functions of the Controller of the State Highway Department, as prescribed in Chapter 1 of Title 17, shall be performed by the Office of Administration as set forth in § 8405 of this title;

b. The State Highway Department pursuant to §§ 4504 and 4505 of Title 21.

(2) The powers, duties and functions assigned to and exercised by the State Highway Department in relation to the public lands of this State, as set forth in Chapter 45 of Title 7, are hereby removed and such powers, duties and functions are transferred to and shall be exercised by the Department of Natural Resources and Environmental Control.
29 Del. C. § 7405 — Delaware Code / Title 29 / Chapter 74 / Section 7405
§ Â
        7405. Full faith and credit of the State pledged.
Status: in_force

All bonds, notes and revenue notes shall be direct general obligations of the State and the full faith and credit of the State are expressly pledged for the prompt and complete payment of the principal of and interest on such bonds, notes and revenue notes when due.
29 Del. C. § 6086 — Delaware Code / Title 29 / Chapter 60D / Section 6086
§ Â
        6086. Agent for service of process.
Status: in_force

(a) Requirement for agent for service of process. — Any nonresident or foreign Non-participating manufacturer that has not registered to do business in the State as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the Directory, appoint and continually engage without interruption the services of an agent in this State to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this title and Chapter 60C of this title, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the Department and Attorney General.

(b) The nonparticipating manufacturer shall provide notice to the Department and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than 5 calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Department and Attorney General of said termination within 5 calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.

(c) Any nonparticipating manufacturer whose cigarettes are sold in this State, who has not appointed and engaged an agent as herein required, shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this State by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the Directory.
29 Del. C. § 8508 — Delaware Code / Title 29 / Chapter 85 / Section 8508
§ Â
        8508. Division of Unemployment Insurance.
Status: in_force

(a) The Division of Unemployment Insurance is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting unemployment insurance services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 (except as set forth in § 8509 of this title) of Title 19.

(b) The administrative, ministerial, fiscal and clerical functions heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties as a review board, pursuant to Chapters 31 and 33 of Title 19, shall be performed by the Division of Unemployment Insurance.
29 Del. C. § 9501 — Delaware Code / Title 29 / Chapter 95 / Section 9501
§ Â
        9501. Declaration of policy and definitions.
Status: in_force

(a) This chapter shall be applicable to the acquisition of real property by state and local land acquisition programs or projects in which federal, state or local funds are used.

(b) The term “agency” means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law.
29 Del. C. § 8075 — Delaware Code / Title 29 / Chapter 80 / Subchapter III / Section 8075
§ Â
        8075. Chair and Vice Chair; selection and duties.
Status: in_force

(a) The Commission shall elect a Chair and Vice Chair at its first meeting and the Chair and Vice Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Vice Chair shall fulfill the duties of the Chair contained in subsection (b) of this section until a replacement is elected at its next meeting.

(b) The Chair of the Commission shall do all of the following:

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

(2) Supervise the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.
29 Del. C. § 5123 — Delaware Code / Title 29 / Chapter 51 / Section 5123
§ Â
        5123. Employee housing.
Status: in_force

An agency may provide housing for an employee without reduction in salary provided such housing is on the site of the principal location of employment and further provided that the head of the department or agency has determined that such location of the employee is necessary to the operation of the agency and that the employee has no other employment. No agency shall provide an employee with a housing allowance or compensation for housing.
29 Del. C. § 711 — Delaware Code / Title 29 / Chapter 7 / Section 711
§ Â
        711. Expenses of members of General Assembly.
Status: in_force

A member of the Senate and the House of Representatives is to receive $7,481 annually for expenses. The expenses received under this section are to be paid under § 2712(a) of this title.
29 Del. C. § 4327 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4327
§ Â
        4327. Foreign notarial act.
Status: in_force

(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.

(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notarial officer of this State.

(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
29 Del. C. § 9008E — Delaware Code / Title 29 / Chapter 90E / Section 9008E
§ Â
        9008E. Confidentiality.
Status: in_force

(a) All investigative records, including communications that include the investigative record, are confidential and are exempt from public disclosure under the Freedom of Information Act, Chapter 100 of this title.

(b) (1) The Inspector General shall treat all matters under investigation as confidential and may not further disclose or disseminate information except as necessary to act under subsection (d) of this section.

(2) The Inspector General shall maintain as confidential the identity of all of the following:

a. A person who files a complaint.

b. A person who provides information regarding an investigation.

c. An employee whose conduct was in compliance with an agency or contractor’s policies and procedures at the time of the conduct, if the employee was not responsible for establishing that policy or procedure.

(c) If the Inspector General receives information that is confidential or privileged under other law, the Inspector General shall maintain the confidentiality of the information and may not further disclose or disseminate the information except as necessary to act under subsection (d) of this section.

(d) The Inspector General may reveal information obtained in the course of an investigation to the extent the Inspector General reasonably believes necessary to do any of the following:

(1) Prevent reasonably certain death or substantial bodily harm.

(2) Prevent the commission of a crime.

(3) Report an alleged commission of a crime to the appropriate law-enforcement agency.

(4) Perform the duties of the Inspector General, including to do any of the following:

a. Collaborate with agencies under § 9005E(b) of this title.

b. Contract for services of technical experts under § 9003E(e) of this title.

c. Support the decision and any recommendations resulting from an investigation under § 9006E of this title.

d. File a civil action under § 9006E(j) of this title.

(5) Comply with a court order or subpoena.

(e) The Inspector General shall establish confidentiality rules and procedures for all information maintained by the Office.
29 Del. C. § 10401 — Delaware Code / Title 29 / Chapter 104 / Section 10401
§ Â
        10401. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Regulatory Flexibility Act.”
29 Del. C. § 7908 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7908
§ Â
        7908. Division of Substance Abuse and Mental Health.
Status: in_force

(a) There is hereby established the Division of Substance Abuse and Mental Health under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The Division of Substance Abuse and Mental Health shall be responsible for providing and overseeing public mental health and substance use treatment services serving individuals who are 18 years old and older.

(c) The Division of Substance Abuse and Mental Health shall have the following powers and duties:

(1) To plan for, establish, implement, amend and revise standards for mental health programs serving individuals who are 18 years old and older.

(2) The authority to create, implement, and oversee licensing requirements for all mental health treatment programs serving individuals who are 18 years old and older.

(3) To provide, facilitate, and create educational and training programs related to mental health and substance use.

(4) To make contracts necessary or incidental to the performance of its duties and execution of its powers.

(5) To operate the Delaware Psychiatric Center, including maintaining a forensic unit as required by Chapter 51 of Title 16.

(6) To acquire, hold or dispose of real property or any interest therein, and construct, lease or otherwise provide treatment facilities for individuals in need of treatment.

(7) To carry out all powers and duties set forth in Chapters 22, 50, 51, 59, and 61 of Title 16.

(8) To coordinate with other divisions within the Department of Health and Social Services, as well as with the Department of Services for Children Youth and Their Families, as necessary to provide appropriate individualized treatment services and address systemic public health needs.

(9) To solicit and accept for use any money, real property or personal property made by will or otherwise and any grant of money, services or property from the federal government, the State or any political subdivision thereof or any private source, and take all actions necessary to cooperate with the federal government or any of its agencies in making an application for any grants.

(10) To administer or supervise the administration of the provisions relating to individuals in need of mental health or substance use treatment of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation.

(11) To take all other actions necessary to execute the authority expressly granted to the Division of Substance Abuse and Mental Health.

(d) The Division of Substance Abuse and Mental Health shall be authorized to promulgate rules and regulations to implement this section.
29 Del. C. § 8816 — Delaware Code / Title 29 / Chapter 88 / Subchapter II / Section 8816
§ Â
        8816. Relationship to other state agencies [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) The Commission may request the advice, opinion, or assistance of other appropriate state agencies as necessary to properly discharge its duties and responsibilities.

(b) The Department of Veterans Affairs shall provide reasonable office and meeting facilities and other logistic support as requested by the Commission.

(c) The Department of Veterans Affairs shall maintain an overview of the Commission’s operation in order to insure proper use of, and accountability for, state funds appropriated for that purpose.
29 Del. C. § 3302 — Delaware Code / Title 29 / Chapter 33 / Section 3302
§ Â
        3302. Chairperson; expenses.
Status: in_force

The Commission shall elect 1 of its members chairperson. Members of the Commission shall be reimbursed for actual and necessary expenses, including mileage, incurred while performing the duties imposed by this chapter. The costs and expenses of the Commission shall be paid out of funds appropriated to the Governor’s office.
29 Del. C. § 302 — Delaware Code / Title 29 / Chapter 3 / Section 302
§ Â
        302. Seal of state officials, courts and public officers.
Status: in_force

The seals of the Secretary of State and Auditor of Accounts and of the several courts of this State and of the several public offices and officers in the several counties, now established and used, shall be the seals of such courts, offices and officers respectively and shall be so received and used. The seal of the office of the clerk of peace shall be the seal of the county government of Kent and Sussex Counties. The seal of the office of the clerk of the county council shall be the seal of the county government of New Castle County.
29 Del. C. § 8766A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8766A
§ Â
        8766A. Property of Authority exempt from judicial process.
Status: in_force

All property of the Authority shall be exempt from execution process, and no attachment, sequestration, execution, levy or other judicial process shall issue against the same, nor shall any judgment against the Authority be a charge or lien upon its property; provided, however, that nothing herein contained shall apply to or limit the rights of the holder of any bonds to pursue any remedy for the enforcement of any pledge or lien given by the Authority on or with respect to any project or any revenues or other moneys.
29 Del. C. § 555 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 555
§ Â
        555. Reserved power to repeal or amend this subchapter.
Status: reserved

The right to repeal, alter or amend this subchapter at any time is expressly reserved, but no contract or individual right made or acquired shall thereby be divested or impaired.
29 Del. C. § 7302 — Delaware Code / Title 29 / Chapter 73 / Section 7302
§ Â
        7302. Definitions.
Status: in_force

As used in this chapter:

(1) “Alteration” means any modification or renovation of a facility which involves a structural change.

(2) “Architectural barrier” means any physical attribute or design feature which by its presence, absence or design restricts access to or use of any facility by a person with a disability.

(3) “Board” means the Architectural Accessibility Board.

(4) “Facility” means any building, structure, installation or improved area of any nature whatsoever or any part thereof, which is utilized or held out for use by the public, and shall include, but not be limited to:

a. Sidewalks, ramps or other means of ingress and egress;

b. Parks and recreational areas;

c. Public telephones, drinking fountains and restrooms.

(5) “Person” means 1 or more individuals, partnerships, associations, organizations, corporations, cooperatives, representatives, trustees, receivers or agents whether or not associated in any way with the State.

(6) “Person with a disability” means a person who permanently or temporarily has a physical, mental or communicative condition or characteristic, and who, because of the condition or characteristic, is restricted in using facilities.
29 Del. C. § 6506 — Delaware Code / Title 29 / Chapter 65 / Section 6506
§ Â
        6506. Limitation of expenditures to appropriations.
Status: in_force

No money shall be drawn by any agency from any fund in the State Treasury in excess of the amount appropriated by the General Assembly to the agency.
29 Del. C. § 2523 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2523
§ Â
        2523. Administrative process and appeals.
Status: in_force

(a) The Director of Consumer Protection may initiate administrative charges against any person who appears to have violated or about to violate any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other law or regulation that the Division of Consumer Protection is authorized to enforce. Such charges shall provide notice as to the nature of the violation and state the remedies that are sought.

(b) The Attorney General shall appoint a Deputy Attorney General to act as the administrative hearing officer to adjudicate charges brought by the Director of Consumer Protection against any person. Such hearing officer shall be a Deputy Attorney General who is not assigned to the Fraud and Consumer Protection Division.

(c) Upon finding a violation, the hearing officer may order any of the administrative remedies authorized in § 2524 of this title below. Upon finding a violation or a threat of a violation, the hearing officer may issue or affirm the issuance of a cease and desist order authorized by § 2524(a) of this title below.

(d) Any party, including the Director, who is aggrieved by the hearing officer’s final administrative order may appeal the order to Superior Court within 30 days after the date the final order is issued. The administrative record shall be filed with the Court in accordance with Superior Court Civil Rule 72. The final administrative order shall be affirmed by the Court if the findings in the order are supported by substantial evidence.

(e) Any moneys that are received by the State after an administrative hearing and order, other than for consumer victims, shall be credited to the General Fund. Any moneys received pursuant to a written agreement in settlement of administrative charges, at any stage of the proceeding, shall be credited to the Consumer Protection Fund.

(f) Personal jurisdiction by acts of nonresident respondents. — As to any administrative proceeding authorized by this section, personal jurisdiction may be exercised over any nonresident respondent who, in person or through an agent, commits any of the acts identified in § 3104(c) of Title 10 that would constitute legal presence in the State.

(g) Service of process to obtain personal jurisdiction. — Any of the following methods of service of process shall be sufficient to obtain personal jurisdiction over a respondent in an administrative proceeding authorized by this section:

(1) Personal hand delivery.

(2) Any method of service of process effective under Rule 4(f) of the Superior Court Rules of Civil Procedure.

(3) Any method of service of process that would be effective to obtain personal jurisdiction in the Superior Court under § 3104 of Title 10.

(h) Administrative hearing evidence. — Upon the request of any party to an administrative proceeding authorized by this section, the administrative hearing officer is empowered to issue subpoenas to nonparties to allow for witnesses or other evidence to be presented at an administrative hearing. If the nonparty fails to comply with the subpoena, the party which requested the subpoena may seek an order from the Superior Court compelling the nonparty to comply with the subpoena. An order issued by the Superior Court pursuant to this subsection may be punished by the Superior Court as a contempt of Court. With respect to nonparties who are not subject to subpoena, the administrative hearing officer is empowered to issue commissions to allow for testimony or other evidence to be obtained for presentation at an administrative hearing. The administrative hearing officer shall, prior to issuing a subpoena or commission, ensure that the subpoena or commission does not impose undue burden or expense on the person subject to the subpoena or commission.
29 Del. C. § 5037 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-A / Section 5037
§ Â
        5037. Matching funds for federal Small Business Innovation Research Program [Transferred].
Status: in_force

Transferred to § 8737A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9201 — Delaware Code / Title 29 / Chapter 92 / Subchapter I / Section 9201
§ Â
        9201. Findings; purpose.
Status: in_force

(a) Some land use decisions are far-reaching, complex determinations involving the commitment of finite resources by many levels of government and private investment. Such decisions must be coordinated so as to achieve efficient, effective and timely use of finite resources.

(b) The resource investment, both public and private, in land use decisions is long-term and therefore a process which provides a certain and stable climate for decision-making is necessary to foster rational investment of these resources.

(c) A method of achieving consistency and coordination between the levels of government, and between government and private enterprise, is essential to achieve these goals.

(d) Economic activity should be enhanced by coordinating and simplifying the various state regulatory and review processes required prior to development. It is declared, therefore, that a process for streamlining such processes be established.
29 Del. C. § 1109 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1109
§ Â
        1109. Annual report.
Status: in_force

The Council shall submit an annual report of its activities to the members of the General Assembly and to the Governor, which shall become a part of the journal of the Senate and House.
29 Del. C. § 6054 — Delaware Code / Title 29 / Chapter 60A / Section 6054
§ Â
        6054. Administration; reports.
Status: in_force

(a) All plans of deferred compensation which may be adopted shall provide that each participating employee will be furnished a quarterly statement of the employee’s account, on a form approved by the Board, showing at least the amount of income deferred, the investments purchased and the charges assessed on such purchases.

(b) Each plan of deferred compensation which may be adopted shall provide that in the event of nonrenewal or termination, all accounts enrolled in the plan, including all records, investments and proceeds thereof, shall be transferred to an agent designated by the Board.
29 Del. C. § 407 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 407
§ Â
        407. Emergency access to certain state lands.
Status: in_force

Where an area of real property owned by this State is bounded by a wall, fence or other structure which has gates or other lockable entrances, the Office shall notify those ambulance, fire and police services which are nearest to the enclosed area of the location of such gates and entrances. The Office shall provide the ambulance service, fire company or police department nearest each such enclosed area a key to each entrance. For purposes of this section, the words “real property” shall include all improved land only and shall not include buildings.
29 Del. C. § 5576 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5576
§ Â
        5576. Payment of disability pension.
Status: in_force

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

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

(c) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the retired member to qualify subsequently for a service pension or another disability pension.
29 Del. C. § 5613 — Delaware Code / Title 29 / Chapter 56 / Section 5613
§ Â
        5613. Revised plan â Pension amount [For application of this section, see 79 Del. Laws, c. 315, Ââ10].
Status: in_force

Subject to the provisions of paragraph (2) of this section:

(1) The amount of the annual pension or disability pension payable to a member under the revised plan is the sum of 1/24 of final average compensation multiplied by years of service as a state judicial officer up to 12 years inclusive, plus 1/48 of final average compensation multiplied by years of service as a state judicial officer from 13 to 24 years inclusive. Disability pensions will be computed on the basis of actual service as a state judicial officer or 12 years of service as a state judicial officer, whichever is greater.

(2) For a member first appointed before July 1, 1980, who accepts the revised plan, as provided in § 5605 of this title, the pension payable under the revised plan shall be the greater of the pension computed in accordance with paragraph (1) of this section or 3% of final average compensation multiplied by years of service as a judge subject to a minimum pension of 50% of final average compensation and a maximum of 75% of final average compensation.

(3) a. Notwithstanding provisions of this section to the contrary, a member may elect to have the member’s service or disability pension, computed under this section, reduced by 2%, thereby providing a survivor’s pension equal to 2/3 of the reduced amount to the member’s eligible survivor at the time of the member’s death. The member’s election must be made in a form approved by the Board and filed before the issuance of the member’s first benefit check. The member’s election is irrevocable.

b. Notwithstanding the provisions of this section to the contrary, an individual receiving a service or disability pension which was effective before July 1, 2001, or an individual with a vested right to a service pension, may elect to have the individual’s service or disability pension reduced by 2%, thereby providing a survivor’s pension equal to 2/3 of the reduced amount to the individual’s eligible survivor at the time of the individual’s death. The individual’s election must be made in a form approved by the Board, filed before December 15, 2001, to be effective January 1, 2002, for the individual receiving a service or disability pension on July 1, 2001, or, in the case of an individual with a vested right to a service pension, filed before the issuance of the individual’s first pension check.

c. Notwithstanding provisions of this section to the contrary, a member may elect to have the member’s service or disability pension, computed under this section, reduced by 3%, thereby providing a survivor’s pension equal to 75% of such reduced amount to the member’s eligible survivor at the time of the member’s death. The member’s election must be made in a form approved by the Board and filed before the issuance of the member’s first benefit check. The member’s election is irrevocable.

d. Notwithstanding provisions of this section to the contrary, a member may elect to have the member’s service or disability pension, computed under this section, reduced by 6%, thereby providing a survivor’s pension equal to 100% of the reduced amount to the member’s eligible survivor at the time of the member’s death. The member’s election must be made in a form approved by the Board and filed before the issuance of the member’s first benefit check. The member’s election is irrevocable.
29 Del. C. § 7515 — Delaware Code / Title 29 / Chapter 75 / Section 7515
§ Â
        7515. Reversion of unexpended state share.
Status: in_force

Any sum of money which has been appropriated or allocated to any school district by the State under any school construction bond authorization act which remains unexpended 1 year after pupil occupancy of any school building constructed under the school construction bond authorization act authorizing the construction shall revert to the State and shall be deposited to a special account to be applied against future school construction bond requirements.
29 Del. C. § 9405 — Delaware Code / Title 29 / Chapter 94 / Section 9405
§ Â
        9405. Annual review of proprietary state real property; report of surplus; conditions of sale or other disposition; annual report.
Status: in_force

(a) On or before December 31 of each year each state agency shall make a review of all proprietary state real property over which it has jurisdiction to determine what, if any, property is in excess of its reasonably foreseeable needs and report thereon in writing to the Surplus Real Property Commission.

(b) Jurisdiction of all real property reported as surplus shall be transferred to the Commission, when requested by the Chairperson thereof, for sale, lease or disposition under this section or as may be otherwise authorized by law.

(c) The Commission shall report to the Governor and to the General Assembly annually any real property declared surplus and make recommendations as to disposition of the property by sale or otherwise.

(d) Whenever any real property is reported as surplus pursuant to this section, the Commission shall determine whether or not the use of the real property is needed by any other state agency. If the Commission determines that the property is needed by any other state agency it shall transfer jurisdiction of the property to such other state agency upon such terms and conditions as it may deem to be for the best interests of the State.

(e) If the Commission determines that use of the real property is not needed by any other state agency, it may recommend that the surplus property be retained by the State or that it be offered to a political subdivision of the State or to an interested private organization for an amount not less than 30% of the fair market value nor more than 75% of the fair market value. Any such recommended transfer shall be subject to the following conditions:

(1) The property shall be used for a public purpose;

(2) The property shall be developed or used according to plan within a time period not to exceed 5 years;

(3) The deed or other instrument of transfer shall provide that the property shall revert to the State if the property is not developed within the stated period of time or if the property ceases to be used for public purposes;

(4) The Commission may recommend additional terms and conditions as it determines to be in the best interest of the State.

(f) If the Commission determines that the use of state surplus real property is not needed by any other state agency or by any other local governmental agency or by a private organization pursuant to subsection (e) of this section it may recommend that the surplus property be retained by the State or that the surplus property be sold to the highest bidder after advertising. Sales of state surplus property pursuant to this section shall be at fair market value or for such other price as may be approved in writing by the Commission.

(g) The Commission shall report to the Governor and to the General Assembly annually, with respect to any surplus real property approved and recommended for sale or other disposition under this section, giving the following information:

(1) A description or other precise identification of the surplus property;

(2) The name of the agency which reported the excess property and the date of said report;

(3) The present status or use of the property;

(4) An accurate appraisal of the fair market value of the surplus property;

(5) An estimate of the amount of state funds, if any, expended in acquiring, preserving, improving, restoring or reclaiming the property;

(6) A description of whether the property is needed by any other state agency or local governmental agency and, if not, a description of alternative highest and best uses of the property which the Commission deems to be in the best interest of the State.
29 Del. C. § 9404 — Delaware Code / Title 29 / Chapter 94 / Section 9404
§ Â
        9404. Commission on State Surplus Real Property.
Status: in_force

(a) A Commission on State Surplus Real Property is established and shall report in an advisory capacity to the Governor and to the General Assembly. It shall be comprised of the following members:

(1) The Speaker of the House of Representatives;

(2) The President Pro Tempore of the Senate;

(3) The Director of the Division of Small Business;

(4) The Secretary of the Department of Transportation;

(5) The Director of the Office of Management and Budget.

(b) The Governor shall designate 1 member to serve as Chairperson of the Commission.

(c) The Commission shall be assisted by staff designated by the Director of the Office of Management and Budget and shall work in cooperation with all state and local agencies of government and with private organizations or individuals to secure all necessary and relevant information for its assignments.
29 Del. C. § 6939 — Delaware Code / Title 29 / Chapter 69 / Subchapter III / Section 6939
§ Â
        6939. Purchase of energy efficient products.
Status: in_force

(a) Agencies shall purchase Energy Star products, as designated by the federal Environmental Protection Agency, when such products are available. The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Director, that the interests of the state would be better served by procuring non-Energy Star rated equipment.

(b) Prior to initiating a request for procurement of any product, an agency shall review the specifications for such product to determine whether an Energy Star product is available. If an Energy Star product is available, the agency is required to include in its bid specifications the requirement that the product be an Energy Star product unless the agency can demonstrate, in writing, to the satisfaction of the agency head, that a product with an Energy Star rating meets at least 1 of the following criteria:

(1) The product is not available competitively,

(2) The product is not available within a reasonable time frame, or

(3) The product does not meet appropriate performance standards.

The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Director, that the interests of the state would be better served by procuring non-Energy Star rated equipment.
29 Del. C. § 1707 — Delaware Code / Title 29 / Chapter 17 / Section 1707
§ Â
        1707. Recording and publication.
Status: in_force

(a) Following a member’s election, the Secretary of the Senate or the Chief Clerk of the House of Representatives, whichever is appropriate, shall distribute to the member information regarding the member’s responsibilities under this chapter and a form to make the designation under § 1704 of this title.

(b) The designation of an emergency interim successor becomes effective when the member making the designation under § 1704 or § 1706 of this title files with the Secretary of State and the Director of the Division of Legislative Services all of the following information:

(1) The successor’s name.

(2) Contact information, including address, home and mobile phone number, and electronic mail address.

(3) Rank in order of succession.

(c) The removal of an emergency interim successor or change in order of succession becomes effective when the member so acting files this information with the Secretary of State and the Director of the Division of Legislative Services.

(d) The Secretary of State shall inform the Governor, the Delaware Emergency Management Agency, and all emergency interim successors of all such designations, removals, and changes in order of succession.
29 Del. C. § 4829 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4829
§ Â
        4829. Licensing of service companies.
Status: repealed

(a) “Service company” shall mean:

(1) Any vendor offering goods or services relating to the manufacture, operation, maintenance, security, distribution, service or repair of video lottery machines, sports lottery machines or table game equipment directly to the State;

(2) Any vendor offering goods or services to a video lottery agent on a regular and continuing basis, as defined in regulations promulgated hereunder; or

(3) Any person providing gaming excursion services to a video lottery agent.

(b) The Director shall have the power and duty to license those service companies meeting this definition as the Director determines to be necessary to the integrity of the operations of the lottery, and to promulgate rules and regulations for such purpose. The licensure procedure shall include the satisfaction of such security, fitness and background standards as determined necessary relating to competence, honesty and integrity, such that a service company’s reputation, habits and associations do not pose a threat to the public interest of the State or to the reputation of, or effective regulation and control of, the lottery. Vendors holding licenses as technology providers or other service provider shall remain licensed as a service company and shall not be required to seek licensure under this section until the license is to be renewed. Vendors licensed or approved by the Harness Racing Commission or the Thoroughbred Racing Commission to provide services to a video lottery agent need not secure a service company license pursuant to this section unless such vendor seeks to provide services other than those already authorized.

(c) Each service company identified in this section shall be licensed in accordance with the standards of a key employee. The owners, management, and supervisory personnel of each such service company shall be qualified to the standards of and for the term of a key employee. The employees of each such service company whose duties and responsibilities involve the security, maintenance, servicing, repair, or operation of video lottery machines or table game equipment shall be licensed to the standards of and for the term of a gaming employee.

(d) Each service company identified in paragraph (a)(2) of this section shall be licensed in accordance with the standards of a key employee except as to the requirement to establish financial stability, integrity and responsibility. The owners, management, and supervisory personnel of each such service company shall be qualified to the standards of a key employee, except as to the requirement to establish financial stability integrity and responsibility.

(e) Each service company identified in paragraph (a)(3) of this section shall be licensed in accordance with the standards of a key employee except as to the requirement to establish financial stability, integrity and responsibility. The employees of each such service company whose duties and responsibilities include arranging, procuring or selecting participants in a gaming excursion shall be qualified to the standards of a key employee, except as to the requirement to establish financial stability integrity and responsibility.

(f) For purposes of this section, an owner of a corporation shall be defined as “any person who owns directly or indirectly more than 10% of the equity securities of the corporation.”

(g) (1) Each service company identified in paragraph (a)(1) of this section shall be licensed as a service company prior to conducting any business whatsoever, provided, however, that upon a finding of good cause by the Director for each business transaction, the Director may permit an applicant for such service company license to conduct business transactions prior to the licensure of that company.

(2) Each service company identified in paragraph (a)(2) of this section, may transact business with a video lottery agent prior to obtaining a service company license upon the filing of a vendor registration form by a video lottery agent for such service company pursuant to regulations promulgated hereunder.

(h) [Repealed.]

(i) The risk manager of the sports lottery must be a bookmaker currently licensed to operate, and operating, sports books in the United States and the sports lottery technology system provider must be licensed to operate lotteries in the United States. The Director may determine whether the licensing standards of another state are comprehensive, thorough and provide similar adequate safeguards and, if so, may, in the Director’s discretion, license an application already licensed in such state without the necessity of a full application and background check.
29 Del. C. § 2303 — Delaware Code / Title 29 / Chapter 23 / Section 2303
§ Â
        2303. Assistant to the Secretary of State; appointment; duties.
Status: in_force

The Secretary of State may appoint from among the employees of the Secretary’s office an Assistant to the Secretary of State who shall perform such duties as directed by law or by the Secretary of State to perform.
29 Del. C. § 5119 — Delaware Code / Title 29 / Chapter 51 / Section 5119
§ Â
        5119. Leave for volunteer emergency duty.
Status: in_force

Any state employee, who is an active volunteer firefighter or active auxiliary member may, with the approval of the agency which employs such person, be permitted to respond to fire, rescue, ambulance or other emergency calls during regular hours of employment without loss of pay, vacation, sick leave or personal leave credit.
29 Del. C. § 7516 — Delaware Code / Title 29 / Chapter 75 / Section 7516
§ Â
        7516. Reversion of unexpended local share.
Status: in_force

Any sum of money which has been appropriated by any local school district under a school construction bond authorization act which remains unexpended 1 year after pupil occupancy of any school building constructed under the school construction bond authorization act authorizing the construction shall be deposited to the debt service account of the school district to be used for such purposes as are permitted by law.
29 Del. C. § 8729A — Delaware Code / Title 29 / Chapter 87A / Subchapter II / Section 8729A
§ Â
        8729A. Findings and determinations for assistance.
Status: repealed

(a) The Authority shall draft rules and regulations pertaining to the Fund eligibility, and establish criteria to administer the Fund.

(b), (c) [Repealed.]

(d) The amount and type of assistance provided by the Division to a firm through the Strategic Fund will be based upon the following criteria:

(1) Consistency with state economic development strategies;

(2) Number of jobs created or retained;

(3) Competitiveness of Delaware versus other locations under consideration as measured by tax comparison and relative site location factors;

(4) Quality of jobs using measures such as the average wage and benefits of the jobs to be created or retained as compared to labor force characteristics of the county and community in which the project will be located;

(5) Comparative overall economic impact of the project at the state, county and local levels as measured by job creation and retention, private investment leverage and revenue generation;

(6) Feasibility of the project as determined by the applicant’s business plan, business history and collateral or other financial resources available to adequately secure assistance; and

(7) Any environmental consideration related to siting decisions, manufacturing processes or byproducts.
29 Del. C. § 7506 — Delaware Code / Title 29 / Chapter 75 / Section 7506
§ Â
        7506. Local bonds.
Status: in_force

(a) Any school district which is entitled under any school construction bond authorization act to an apportionment of a state share and which is required therein to provide a local matching share is authorized to issue its bonds for the purpose of raising money to pay the local share set forth in such school construction bond authorization act and raising such additional amount, if any, as such school district may desire to expend for school construction. If such bonds are issued, they shall be authorized by the board of education of the school district pursuant to Chapter 21 of Title 14, except in the case of the City of Wilmington, in which case the local share to be contributed by the Board of Public Education in Wilmington may be raised by the proper authorities of said City by issuing bonds pursuant to Chapter 175, Volume 52, or Chapter 163, Volume 32, Laws of Delaware, as amended. Chapter 20 of Title 14 shall be complied with in the event that the amount in addition to the local share is for school construction which varies from the standard formula. Such bonds and any notes issued in anticipation of the issuance of such bonds shall, except in the case of the City of Wilmington, be sold to the State. Such bonds shall bear interest at a rate not less than the rate payable on bonds of the State issued to provide such local share plus an amount to cover administrative expenses of the State in connection with the financing of school construction programs in an amount not exceeding one quarter of 1 percent per annum. The State shall issue its bonds to provide the local share of any school construction program in accordance with any school construction bond authorization act, as well as any additional amounts which the qualified voters of any school district shall have authorized to be expended for school construction; provided, however, that such additional amounts must first have been appropriated to such school district in a school construction bond authorization act or amendment to such an act. Such bonds shall not be included in the amount of bonds or notes pledging the faith and credit of the State which are issued and outstanding, authorized but not issued, and about to be issued. The Department of Finance of the State shall annually prepare a report setting forth in brief detail all bonds or notes issued by the State for the purpose of financing a local share of a school construction program and the bonds or notes purchased from local school districts and setting forth receipts and disbursements.

(b) Instead of issuing bonds as hereinbefore provided, any school district may pay its local share by using gifts or any other moneys on hand which are not required by law to be used for some other purpose.
29 Del. C. § 8409 — Delaware Code / Title 29 / Chapter 84 / Section 8409
§ Â
        8409. Council on Transportation.
Status: in_force

(a) There is hereby established a Council on Transportation.

(b) The Council shall serve in an advisory capacity, except as otherwise provided, to the Secretary, the Deputy Secretary, the Transportation Directors and the Governor, and shall do all of the following:

(1) Consider matters relating to transportation in the State and other matters such as the budget and Capital Transportation Program which may be referred to it by the Governor or the Secretary of the Department.

(2) Study, research, plan and advise on matters it deems appropriate to enable the Department to function in the best possible manner.

(3) Have final approval of and adopt the Department of Transportation Capital Transportation Program which shall be submitted biennially to the Council by the Department.

a. The Council shall review the updated Department Capital Transportation Program prepared by the Department of Transportation, and established under § 8419 of this title, as amended. The updated Capital Transportation Program shall cover a period of not less than 6 years. The draft Capital Transportation Program shall be available to the public and the Council shall publish notices in a newspaper of general circulation in each county. The notices shall specify dates and places at which public meetings will be held, by the Council, 1 in each county, at which time the program will be reviewed and publicly explained and objections or comments may be made by an individual or group. Public meetings shall be held at least 2 weeks after the draft Capital Transportation Program is made available to the public. The notices shall also specify the name and address of the person to whom written comments may be sent. The written comments must be received by the person within 10 days after the last public meeting, which must be scheduled no later than September 30 of the program year. Following the written comment period, the Council may make priority changes to the proposed Capital Transportation Program in an open meeting by documenting the reasons and justifications for changes, using the priority formula-based processes described in § 8419 of this title, and shall adopt the program by March 1 of the program year. The Capital Transportation Program as prepared by the Department and as adopted by vote of the Council shall become the adopted Capital Transportation Program for the upcoming fiscal years. The adopted program shall be submitted to the agency charged with preparation of the State Capital Improvement Program and members of the General Assembly on or before March 15 of the program year for inclusion in the State Capital Improvement Program for the following fiscal year.

b. The Department Capital Transportation Program, as recommended to the agency charged with preparation of the State Capital Improvement Program, shall set forth estimated expenditures by project or program for engineering, rights-of-way, and construction of any major capital transportation project or program when applicable. The Program shall include detailed information by project as to location, description of improvement, areas of deficiency, and priority rating.

(4) Have final approval of and adopt all corridor route projects in connection with new road alignments, which project shall be submitted to the Council by the Department.

(5) Have final approval on matters relating to highway transportation priority planning under § 8419 of this title.

(6) Review and comment on the issuance, suspension, revocation, or reinstatement of all certificates of public convenience and necessity issued under Chapter 18 of Title 2.

(c) The Council shall adopt all motions and approve all projects only by a majority vote of the entire membership of the Council. All voting shall be done in person and at regular or special meetings of the Council. If the Council, for any reason, shall fail to approve and adopt in writing within a reasonable period of time after receipt of the programs or projects referred to it, the Secretary of the Department may, with the approval of the Governor, upon 15 days prior written notice to the Chairperson of the Council, give final approval to said programs or projects notwithstanding the absence of the Council’s written comments or approval.

(d) The Council shall consist of 9 members, with the members of no 1 political party holding a number of seats greater than one in excess of that held by the members of any other political party. This provision shall be applied only as existing Council members complete their present terms and all appointments made after July 18, 1990, shall be made in a manner sufficient to implement the political balance sought by this section, upon completion of the terms of the existing council members, at the earliest possible date.

(e) The Governor shall appoint the members of the Council, all of whom shall reside in the State, with a minimum of 2 members residing in any 1 county. A Chairperson of the Council shall be appointed by the Governor from the membership of the Council to serve at the Governor’s pleasure.

(f) No person shall be eligible for appointment to the Council on Transportation who is a director, officer or employee of any public carrier, as defined by Chapter 18 of Title 2, as amended, or who owns or directly or indirectly controls more than 1 percent of the stock of any public carrier.

(g) No member of the Council shall hold any office or position or be engaged in any business, employment or vocation, the duties of which are incompatible with the duties of their membership on the Council.

(h) Members of the Council shall serve for a term of 3 years, provided however, that after the expiration of 3 years such members shall continue to serve until such time as the Governor appoints a replacement. Members of the Council on Transportation existing prior to January 1, 1990, shall be permitted to complete the existing term of their membership, subject to the other provisions of this section as amended. As the terms of their existing members of the Council expire, each of the first 3 appointments of members of the Council shall be for a term of 1 year, and the next 3 such appointments shall be each for a term of 2 years. Thereafter, all appointments shall be made for 3 year terms such that three members of the Council are appointed each year.

(i) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(j) (1) Failure to attend 3 consecutive regular meetings of the Council shall be construed as a request by that member to resign from the Council and a replacement may thereafter be appointed in the member’s stead.

(2) Members may be removed only for just cause, except as otherwise provided herein. Prior to removal, members shall be entitled to notice of the reason for removal and shall be entitled to a hearing before the Governor or the Governor’s designee.

(k) Any replacement appointment to the Council to fill a vacancy prior to the expiration of the term shall be filled for the remainder of the term.
29 Del. C. § 1131 — Delaware Code / Title 29 / Chapter 11 / Subchapter III / Section 1131
§ Â
        1131. Legislative findings.
Status: in_force

The General Assembly has conferred on boards, commissions, departments and other agencies of the Executive Branch of State Government the authority to adopt regulations. The General Assembly has found that this delegation of authority has resulted in regulations being promulgated without effective review or oversight and conformity to legislative intent. The General Assembly finds that they must provide a procedure of oversight and review of regulations pursuant to this delegation of legislative power to curtail excessive regulations and to establish a system of accountability. It is the intent of this subchapter to establish an effective method of ongoing review, accountability and oversight of regulations. It is further the intent of this subchapter to provide review by requiring a comment period following the proposal of regulations and requiring the agency to review any comments submitted.
29 Del. C. § 103 — Delaware Code / Title 29 / Chapter 1 / Section 103
§ Â
        103. Cession of lands to the United States; taxation; reversion to State.
Status: in_force

(a) Whenever the United States shall desire to acquire a title to land of any kind belonging to this State, whether covered by the navigable waters within its limits or otherwise, for the site of any lighthouse, beacon, lifesaving station or other aid to navigation, and application is made by a duly authorized agent of the United States describing the site or sites required therefor, the Governor may convey the site to the United States and cede to the United States jurisdiction over the site. No single tract desired for any lighthouse, beacon or other aid to navigation shall contain more than 10 acres or, for any lifesaving station, more than 1 acre.

(b) All the lands, rights and privileges which may be ceded under subsection (a) of this section and all the buildings, structures, improvements and property of every kind erected and placed on such lands by the United States shall be exempt from taxation so long as the same shall be used for the purposes mentioned in subsection (a) of this section.

(c) The title of any land which may be ceded under subsection (a) of this section shall escheat and revert to the State, unless the construction thereon of the lighthouse, beacon, lifesaving station or other aid to navigation for which it is ceded shall be commenced within 2 years after the conveyance is made and shall be completed within 10 years thereafter.
29 Del. C. § 8758A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8758A
§ Â
        8758A. Pledge of revenues or other property.
Status: in_force

Any pledge of revenues or other property made by the Authority shall be valid and binding from the time when the pledge is made. Revenues so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge or revenues or other property shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority, whether or not such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded; however, copies of such resolution or instrument shall be retained by the Authority.
29 Del. C. § 4819 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4819
§ Â
        4819. Restrictions on location and use of video lottery and sports lottery machines; fees.
Status: repealed

(a) Video lottery machines and table game equipment shall only be located within the confines of an existing racetrack property in this State on which was conducted in 1993 either a horse racing meet pursuant to Title 3 or Title 28 or a harness horse racing meet pursuant to Title 3 and/or such immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing; and provided further, that video lottery machines, sports lottery machines and table game equipment shall not be located in a hotel, motel or other overnight sleeping facility.

(b) In respect of any pari-mutuel harness racing or pari-mutuel horse racing property the racing operations on which were lawful under any county or municipal zoning ordinance as of January 1, 1993, the use of video lottery machines pursuant to the provisions of this act on such property and/or on any immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing shall not be deemed to change the character of such lawful land use and such use of video lottery machines shall not be prohibited by any such county or municipal zoning ordinance, including amendments thereto.

(c) Video lottery machines and sports lottery machines shall be connected to the lottery’s central computer system, except when used for promotional tournaments in which players are not required to pay any fee to participate.The specific hours of operation for each video lottery agent are subject to the recommendation of the Lottery Director and the approval of the Secretary of Finance.

(d)(1) Except as otherwise provided in paragraph (d)(2) of this section, for the privilege of hosting the operation of table games, the State shall collect from the video lottery agents for the benefit of the General Fund, for each fiscal year after June 30, 2023, license fees totaling $3,000,000, to be paid June 1, and to be allocated among the video lottery agents offering table games as follows:

Each video lottery agent’s license fee shall be the portion of $3,000,000 that is equal to the percentage of gross table game revenue generated at that video lottery facility in the calendar year immediately preceding the license fee due date out of the total gross table game revenue generated at all video lottery facilities in the calendar year immediately preceding the license fee due date.

(2) Except as otherwise provided in this paragraph (d)(2), each video lottery agent shall be permitted for purposes of this subsection to reduce the license fee it would otherwise owe for that year pursuant to paragraph (d)(1) of this section by the amount of qualified investments made in the calendar year ending the immediately preceding December 31 by the video lottery agent in the competitiveness of its facilities and business in excess of the amounts required to receive the video lottery agent’s qualified capital expenditure adjustment provided for in § 4815(b)(3)a. of this title, if such qualified investments are increased by the amount of such video lottery agent’s proportional share of the $3,000,000 license fee. If amounts incurred or paid in any year exceed the 3% required for the adjustment under § 4815(b)(3)a.1 of this title and are utilized for a reduction in license fees required by this section, the amount used to reduce the license fee under this paragraph (d)(2) may not also be carried forward under § 4815(b)(3)a.3. of this title. The video lottery agents shall provide the Director annually an accounting of the qualified investments made pursuant to this paragraph.

a., b. [Repealed.]

(3) [Repealed.]
29 Del. C. § 6099 — Delaware Code / Title 29 / Chapter 60E / Section 6099
§ Â
        6099. Annual reporting.
Status: in_force

Each fiscal year, the Council shall report to the General Assembly, the Attorney General, Chief Defender, and the Chief Justice the following summary data, which shall be de-identified to the greatest extent possible:

(1) The aggregate number of attorneys who applied for an award.

(2) The aggregate number of attorneys who received an award.

(3) The race, ethnicity, age, and gender represented by attorneys who applied for an award.

(4) The race, ethnicity, age, and gender represented by attorneys who received an award.

(5) The employer of attorneys who applied for an award.

(6) The employer of attorneys who received an award.

(7) The legal practice areas of attorneys who applied for an award.

(8) The legal practice areas of attorneys who received an award.

(9) The average amount of an award to an attorney under to the program.

(10) Other summary data identified by the loan award committee.
29 Del. C. § 5113 — Delaware Code / Title 29 / Chapter 51 / Section 5113
§ Â
        5113. Leave for Olympic competition.
Status: in_force

(a) The State shall grant to any employee leave from employment to participate as a member of the United States Team in any competition sanctioned by the United States Olympic Committee. Any leave so granted shall not exceed the time required for actual participation in the competition, plus a reasonable time for travel and return from the site of the competition and a reasonable time for precompetition training with the team at the site, or 90 working days, whichever is less. The State shall compensate the employee at the employee’s regular rate of pay during any leave granted for participation in such Olympic competition. Pay for each day of leave shall not exceed the amount the employee would receive for a standard workday and the employee shall not be paid for any day spent on such leave for which the employee would not ordinarily receive pay as part of the employee’s regular employment.

(b) For purposes of subsection (a) of this section the term “employee” includes all those individuals who are employed by the State and receive a paycheck from the State for such work as they normally do for the State.

(c) For the purposes of subsection (a) of this section the term “United States Team” includes any group leader, coach, official, trainer or athlete who is a member of the official delegation of the United States in competition sanctioned by the United States Olympic Committee.

(d) The Department of Human Resources shall implement this section by the adoption of appropriate rules and regulations.
29 Del. C. § 5810A — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5810A
§ Â
        5810A. Judicial review.
Status: in_force

In the event that the Commission finds that any person has violated any provision of this chapter, said person shall have a right of appeal to Superior Court of any such finding and of any sanctions imposed with respect thereto by filing a notice of appeal with the Superior Court within 30 days of the final action by the Commission in a particular case. The appeal shall be on the record without a trial de novo. If the Court determines that the record is insufficient for its review, it shall remand the case to the Commission for further proceedings on the record. The Court’s review, in the absence of actual fraud, shall be limited to a determination of whether the Commission’s decision was supported by substantial evidence on the record. The burden of proof in any such appeal shall be on the appellant.
29 Del. C. § 8512 — Delaware Code / Title 29 / Chapter 85 / Section 8512
§ Â
        8512. Council on Apprenticeship and Training.
Status: in_force

(a) The Council on Apprenticeship and Training shall serve in an advisory capacity to the Secretary of Labor for matters relating to registered apprenticeships, occupational training, and such other matters as may be referred to it by the Governor, Secretary of the Department, or Director of the Division of Employment and Training. The Council shall do the following:

(1) Advise the Secretary on registered apprenticeship matters, including any of the following:

a. Related and supplemental instruction.

b. Credit for prior learning.

c. Trends relating to apprenticeships and training and the supply and demand for skilled labor or apprentices.

d. Increasing diversity in occupations that use registered apprenticeships.

e. Matters deemed appropriate by either the Council or the Secretary to enable the Department to function in the best possible manner.

(2) Carry out any required role provided for in the Department’s apprenticeship and training regulations.

(3) Advise the Secretary on matters related to the Department’s regulations, policies, or procedures relating to registered apprenticeships.

(4) Recommend research projects as warranted.

(b) The Council shall be composed of 11 members as follows:

(1) The Department of Education, Director of Career and Technical Education or the Director’s designee.

(2) The Secretary of the Department of Human Resources or the Secretary’s designee.

(3) The President of Delaware Technical Community College or the President’s designee.

(4) Eight members shall be appointed by the Governor as follows:

a. Three appointed members shall represent employee organizations.

b. Three appointed members shall represent employers.

c. One appointed member shall represent unemployed or underemployed populations, or a population underrepresented in registered apprenticeship programs.

d. One appointed member shall be a superintendent of a vocational-technical school district or the superintendent’s designee.

e. Preferably, 1 of the 6 members appointed to represent employee organizations and employers in paragraphs (b)(3)a. and (b)(3)b. of this section will be an existing member of the Delaware Workforce Development Board.

(c) Council members shall serve for a 2-year term and may serve no more than 2 consecutive terms. An appointed Council member remains eligible to participate in Council proceedings until replaced by the Governor. The Governor may appoint members for terms of less than 2 years to ensure the Council members’ terms expire on a staggered basis.

(d) The Regional Director for the United States Department of Labor, Bureau of Apprenticeship and Training shall be invited to serve as a consultant to the Council.

(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of up to 2 years and is not eligible for reelection. Ex officio members may not serve as the Chairperson.

(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term.

(g) The Council shall receive administrative support from the Department.
29 Del. C. § 6530 — Delaware Code / Title 29 / Chapter 65 / Section 6530
§ Â
        6530. Other employment costs (fringe benefits).
Status: in_force

The Secretary of Finance and the Director of the Office of Management and Budget shall promulgate such budgetary, accounting, funding and reporting rules and regulations as shall be necessary to implement § 6340 of this title.
29 Del. C. § 7991 — Delaware Code / Title 29 / Chapter 79 / Subchapter IX / Section 7991
§ Â
        7991. Establishment of program.
Status: in_force

The Director of the State Division of Public Health shall maintain a sterile needle and syringe service program. The program is to be administered by the Director or the Director’s designees. The Director may designate private providers of services to operate the program.
29 Del. C. § 8071 — Delaware Code / Title 29 / Chapter 80 / Subchapter III / Section 8071
§ Â
        8071. Purpose.
Status: in_force

The Delaware Native Species Commission is created to do all of the following:

(1) Reverse the trend of decline and extinction of our local plant and animal native species.

(2) Diligently pursue and perform those things necessary and proper in order that the recommendations in the final report of the Statewide Ecological Extinction Task Force be fully implemented.

(3) Provide state and local lawmakers, policymakers, educators, and other stakeholders with expertise and assistance in projects meeting the goals and purposes of this subchapter.

(4) Report back to the General Assembly on a yearly basis regarding the implementation of the task force recommendations.
29 Del. C. § 5908 — Delaware Code / Title 29 / Chapter 59 / Subchapter II / Section 5908
§ Â
        5908. Organization and meetings of the Board.
Status: in_force

(a) The Board shall meet as often as necessary to assure the timely disposition of cases. The Chair shall cause reasonable notice to be given to each Board member and the Secretary of the Department of Human Resources of the time and place of each meeting. Three members shall constitute a quorum for the transaction of business at any meeting.

(b) Each Board member shall be paid $100 for each day devoted to Board business, not to exceed $4,000 annually. Members shall be entitled to reimbursement for travel in accordance with State guidelines.
29 Del. C. § 8710 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8710
§ Â
        8710. 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 hereafter performed by the Department or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 8719 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8719
§ Â
        8719. Council on Banking.
Status: in_force

(a) The Council on Banking is established, and shall serve in an advisory capacity to the State Bank Commissioner and shall consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the State Bank Commissioner. The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate to enable the office of State Bank Commissioner to function in the best possible manner.

(b) The Council on Banking, upon the effective date of this chapter, shall be composed of the members of the Bank Advisory Board whose terms, as of the effective date of this chapter, have not expired, with the exception of the State Banking Commissioner whose term as a member of the Bank Advisory Board shall end as of the effective date of this chapter. Each member of the Bank Advisory Board shall serve as a member of the Council for the period of the member’s unexpired term unless the member vacates the position by resignation, death or incapacity. The Council shall be composed of 7 members. The Governor shall appoint new members. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 3 appointees shall serve for a term of 3 years. Thereafter all new appointees shall serve for a term of 3 years.

(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly 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 Council.

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

(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.

(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term.
29 Del. C. § 9312 — Delaware Code / Title 29 / Chapter 93 / Section 9312
§ Â
        9312. Displacement by building code enforcement or rehabilitation; demolition programs.
Status: in_force

A person who moves or discontinues a business, or moves other personal property or moves from such person’s dwelling as a direct result of any project or program which receives federal financial assistance under Title I of the Housing Act of 1949 [42 U.S.C. § 1441 et seq.], as amended, or as a result of carrying out a comprehensive city demonstration program under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 [42 U.S.C. § 3301 et seq.] shall, for the purposes of this chapter, be deemed to have been displaced as the result of the acquisition of real property.
29 Del. C. § 3104 — Delaware Code / Title 29 / Chapter 31 / Section 3104
§ Â
        3104. Annual report.
Status: in_force

The Commission shall submit an annual report on its activities and recommendations to the Governor and the General Assembly.
29 Del. C. § 7906 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7906
§ Â
        7906. Community services.
Status: in_force

There are established within the Department of Health and Social Services the programs and functions of community services involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant to § 4 of Executive Order Number 123 dated December 29, 1982.
29 Del. C. § 8017 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8017
§ Â
        8017. Books; records; access; annual report.
Status: in_force

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

(b) The various councils of the divisions of the Department of Natural Resources and Environmental Control 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 Natural Resources and Environmental Control and the chairmen of the councils of the divisions of this Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. § 5807 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5807
§ Â
        5807. Waivers of restrictions and advisory opinions.
Status: in_force

(a) Notwithstanding the provisions of §§ 5805 and 5806 of this title, upon the written request of any state agency or of any individual who is or was a state employee, state officer or honorary state official, the Commission may grant a waiver to the specific prohibitions contained therein if the Commission determines that the literal application of such prohibition in a particular case is not necessary to achieve the public purposes of this chapter or would result in an undue hardship on any employee, officer, official or state agency. Any such waiver may be granted only by written decision of the Commission. Any person who acts in good faith reliance upon any such waiver decision shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the waiver decision provided there was a full disclosure to the Commission of all material facts necessary for the waiver decision.

(b) Any application for a waiver, any proceedings and any decision with respect thereto shall be maintained confidential by the Commission provided that:

(1) Public disclosure shall be made by the Commission upon the written request of the applicant;

(2) The Commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this subchapter;

(3) The Commission shall report to appropriate federal and state authorities substantial evidence of any criminal violation which may come to its attention; and

(4) In the event that a waiver is granted, the waiver decision and the record of all proceedings relating thereto shall be open to public inspection.

(c) Upon the written request of any state employee, state officer, honorary state official or state agency or a public officer as defined in § 5812 of this title, the Commission, or Commission Counsel subject to § 5808A(a) of this title may issue an advisory opinion as to the applicability of this chapter to any particular fact situation. Any person who acts in good faith reliance upon any such advisory opinion shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the advisory opinion provided there was a full disclosure to the Commission or Commission Counsel of all material facts necessary for the advisory opinion.

(d) Any application for an advisory opinion, any proceedings and any decision with respect thereto shall be maintained confidential by the Commission provided that:

(1) Public disclosure shall be made by the Commission upon the written request of the applicant;

(2) The Commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this chapter;

(3) The Commission shall report to appropriate federal and state authorities substantial evidence of any criminal violation which may come to its attention; and

(4) The Commission shall prepare a summary of its advisory opinions for public distribution without disclosing the identity of the applicants.
29 Del. C. § 5616 — Delaware Code / Title 29 / Chapter 56 / Section 5616
§ Â
        5616. Actuarial valuations and appropriations.
Status: in_force

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

(b) The State’s appropriation to the funds for the Fiscal Year 1994, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal the sum of the normal cost plus the payment required to implement the provisions of subsection (c) of this section plus the payment required to amortize the unfunded actuarial accrued liability over 40 years from July 1, 1981. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll over the remainder of the amortization periods, with such prospective total covered payroll to be determined on the basis of a growth rate, as determined by the Board, compounded annually. Except as provided in subsection (c) of this section, all funds appropriated pursuant to this subsection shall be deposited into the Fund established by § 5601 of this title.

(c) In order to provide a fund for post retirement increases, the State shall include in its annual appropriation payments equal to 2.33% of covered payroll, subject to the limitations contained in § 5548(a)(2) of this title. Beginning with the Fiscal Year 1994 budget, .70% of covered payroll shall be appropriated; in Fiscal Year 1995, 1.11% of covered payroll shall be appropriated; in Fiscal Year 1996, 1.52% of covered payroll shall be appropriated; in fiscal year 1997, 1.93% of covered payroll shall be appropriated; in Fiscal Year 1998 and each fiscal year thereafter 2.33% of covered payroll shall be appropriated. Funds appropriated to implement this subsection shall be deposited into the Post Retirement Fund established by § 5548 of this title.
29 Del. C. § 6992 — Delaware Code / Title 29 / Chapter 69 / Subchapter VII / Section 6992
§ Â
        6992. Pay for Success Contract Reserve Account.
Status: in_force

(a) The State Treasurer shall create a Pay for Success Contract Reserve Account for public funds appropriated by the General Assembly for each pay for success contract.

(b) Money held in a Pay for Success Contract Reserve Account is not subject to yearly reversion until the pay for success contract is completed or terminated and all obligations to the program intermediary or investor are satisfied.

(c) An agency head whose agency has entered a pay for success contract may authorize a payment under a pay for success contract from the Pay for Success Contract Reserve Account.

(d) (1) If the amount of funding in the Pay for Success Contract Reserve Account does not equal or exceed the amount of the total payments due to the program intermediary or investor under a pay for success contract if the program intermediary and investor achieve full performance for the services or outcomes under the pay for success contract, the agency head must submit to the Director a schedule detailing how much funding is needed in each remaining year of the pay for success contract to meet the contract obligations.

(2) After the Director approves the schedule under paragraph (d)(1) of this section, the agency head must request an appropriation from the General Assembly as part of the agency’s annual budget request, in the amount required under the schedule to meet the funding requirements under the pay for success contract, during each fiscal year under the term of the contract.

(3) Funds appropriated by the General Assembly under this subsection must be designated as a separately identifiable appropriation.
29 Del. C. § 1103 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1103
§ Â
        1103. Chairperson and Vice-Chairperson of the Council.
Status: in_force

(a) The President Pro Tem shall be Chairperson of the Council during odd-numbered years and Vice-Chairperson during even-numbered years.

(b) The Speaker shall be Chairperson of the Council during even-numbered years and Vice-Chairperson during odd-numbered years.
29 Del. C. § 4305 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4305
§ Â
        4305. Appointment of court reporters as notaries public.
Status: in_force

The Governor may, upon the request of the Chief Justice of the Supreme Court, appoint any of the official court reporters as a notary public.
29 Del. C. § 9402 — Delaware Code / Title 29 / Chapter 94 / Section 9402
§ Â
        9402. Definitions.
Status: in_force

(a) “Director” shall mean the Director of the Office of Management and Budget.

(b) “Office” shall mean the Office of Management and Budget.

(c) “Real property” shall mean real property, either improved or unimproved, owned by the State, but shall not include property which has been acquired by the Department of Transportation pursuant to Title 17 of this Code, in connection with proposed highway construction projects.

(d) “Surplus real property” shall mean real property no longer needed by the State for a public purpose.
29 Del. C. § 5578 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5578
§ Â
        5578. Ordinary survivorâs pension.
Status: in_force

(a) Upon the death of a member in service who has 5 years of credited service, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to 1/2 of the service pension for which the employee would have been eligible if he or she had been 62 years of age.

(b) Upon the death of a retired member, a monthly survivor’s pension shall be payable to the retired member’s eligible survivor or survivors equal to 1/2 of such service or disability pension.

(c) For the purpose of this section, the eligible survivors of a member or retired member shall be as follows, provided that a member may change the priority of eligible survivors specified for herein by designating his or her priority of eligible survivors on a form prescribed by the Board and filed with the Board at the time of the member’s death:

(1) The widow or widower, provided such person had been married to the deceased member for at least 1 year before the date of death; or

(2) If there is no eligible widow or eligible widower, a child (or with the survivor’s pension divided among them in equal shares, all such children if there are more than 1), provided the child is unmarried and either:

a. Has not attained age 18;

b. Has attained age 18 but not age 22 and is attending school on a full-time basis; or

c. Has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18; or

(3) If there is no eligible widow, eligible widower or eligible child, a dependent parent (or, with the survivor’s pension divided between them in equal shares, both such parents if there are 2).

(d) The amount payable to a widow or widower who has not attained age 50 at the time the survivor’s pension begins shall be actuarially reduced, in accordance with actuarial tables approved by the Board, for each month the survivor is under age 50 at such time; provided, however, that the actuarial reduction for any such widow or widower shall not apply for the period during which such widow or widower has in his or her care a son or daughter who is unmarried and either:

(1) Has not attained age 18;

(2) Has attained age 18 but not age 22 and is attending school on a full-time basis; or

(3) Has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18.

(e) A parent shall be deemed to have been dependent on the member or retired member who was receiving at least 1/2 of his or her support from the member at the time of the member’s death.

(f) A survivor’s pension shall begin with the month following the month in which the member or retired member dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies or marries. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (c)(2) of this section.
29 Del. C. § 8003A — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8003A
§ Â
        8003A. Powers, duties and functions of law-enforcement officers of the Department of Natural Resources and Environmental Control.
Status: in_force

(a) The law-enforcement officers of the Department of Natural Resources and Environmental Control shall see to the enforcement of all laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control.

(b) Law-enforcement officers of the Department of Natural Resources and Environmental Control shall have police powers similar to those of constables, peace officers, and other police officers when enforcing the laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control. Such police powers shall include powers of investigation, search, seizure, detention, and arrest conferred by law on constables, peace officers, and other police officers.

(c) Law-enforcement officers of the Department of Natural Resources and Environmental Control have the authority to serve and return summonses, subpoenas, and warrants.

(d) Nothing contained in this section may be construed to limit the statutory enforcement authorities, responsibilities, or powers of enforcement personnel of the Department of Natural Resources and Environmental Control.

(e) If a law-enforcement officer of the Department of Natural Resources and Environmental Control finds that a violation of a requirement under the Department of Natural Resources and Environmental Control occurs in a manufactured home community, the Department of Natural Resources and Environmental Control must send a copy of the notice of the violation, summons, or order to all of the following:

(1) The elected Council or Levy Court members of the county in which the violation occurred.

(2) The elected Council members of the municipality in which the violation occurred.

(3) The State Representatives and Senators in whose district the violation occurred.

(4) The Department of Justice.

(5) The Delaware Manufactured Home Relocation Authority.
29 Del. C. § 403 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 403
§ Â
        403. Approval of Office prerequisite before erecting state buildings.
Status: in_force

No department or agency of this State shall erect, reconstruct or alter any building on any state lands in the City of Dover without first having obtained the approval of the Office as to the style of architecture and general internal and external appearance as well as to the location of such building.
29 Del. C. § 2719 — Delaware Code / Title 29 / Chapter 27 / Section 2719
§ Â
        2719. Expense of issuing bonds.
Status: in_force

The annual operating budget shall authorize an appropriation for the Expense of Issuing Bonds in State Treasurer, Debt Management for payment of expenses relating to the issuance of state long-term debt. Disbursement from the Expense of Issuing Bonds appropriation shall not be made without the prior approval of the State Treasurer and the Secretary of Finance.
29 Del. C. § 7307 — Delaware Code / Title 29 / Chapter 73 / Section 7307
§ Â
        7307. Applicability of Administrative Procedures Act.
Status: in_force

The Board shall be a state agency affected by the Administrative Procedures Act, § 10101 et seq. of this title. Except as otherwise specifically required by this chapter or the regulations of the Board, public hearings as defined by the Administrative Procedures Act shall not be required.
29 Del. C. § 4338 — Delaware Code / Title 29 / Chapter 43 / Subchapter II / Section 4338
§ Â
        4338. Regulatory authority.
Status: in_force

(a) The Secretary of State may adopt rules to implement this chapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. Regulations may do all of the following:

(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records.

(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.

(3) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.

(4) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public.

(5) Include provisions to prevent fraud or mistake in the performance of notarial acts.

(b) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this subchapter, all of the following:

(1) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.

(2) Standards, practices, and customs of other jurisdictions that substantially enact this subchapter.

(3) The views of governmental officials and entities and other interested persons.
29 Del. C. § 2715 — Delaware Code / Title 29 / Chapter 27 / Section 2715
§ Â
        2715. Certain powers and duties of the State Treasurer.
Status: repealed

The State Treasurer shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of the Treasury pursuant to § 8307(1)a. [repealed] and c. [repealed] and § 8307(2) [repealed] of this title.
29 Del. C. § 8410 — Delaware Code / Title 29 / Chapter 84 / Section 8410
§ Â
        8410. Council on Transportation â Books; records; access; annual report.
Status: in_force

(a) The Council on Transportation shall have access to all books, records, reports and other documents relating to the divisions and offices of the Delaware Department of Transportation unless otherwise prohibited by law.

(b) The Chairperson of the Council on Transportation shall make an annual report of the Council’s operations to the Secretary, 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 may be required by law.
29 Del. C. § 1004 — Delaware Code / Title 29 / Chapter 10 / Section 1004
§ Â
        1004. Definitions.
Status: in_force

For the purposes of this chapter:

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

(2) A person has a “financial interest” in a private enterprise if he or she:

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

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

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

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

(4) A “private enterprise” means any activity whether conducted for profit or not for profit and includes the ownership of real or personal property; provided, that “private enterprise” does not include any activity of the State, any political subdivision or any agency, authority or instrumentality thereof.
29 Del. C. § 1715 — Delaware Code / Title 29 / Chapter 17 / Section 1715
§ Â
        1715. Termination of operation of this chapter.
Status: in_force

(a) The following expires 2 years following the inception of an emergency event:

(1) The authority of emergency interim successors to succeed to the powers and duties of members under § 1712 of this title.

(2) The operation of this chapter relating to quorum and the number of affirmative votes required for General Assembly action under § 1714 of this title.

(3) Limitations on the length of sessions and the subjects which may be acted upon under § 1711(d) of this title.

(b) Notwithstanding subsection (a) of this section, nothing in this chapter prevents the resumption before the time limit under subsection (a) of this section of the filling of legislative vacancies in the General Assembly and the calling of elections for the General Assembly in accordance with applicable provisions of the Delaware Constitution or other law of this State.

(c) The Governor, acting by proclamation, or the General Assembly, acting by concurrent resolution, may extend or restore the operation of this chapter upon a finding that the emergency event or its effects render the extension or restoration necessary. An extension or restoration under this subsection may not be established for a period of more than 1 year.
29 Del. C. § 2205 — Delaware Code / Title 29 / Chapter 22 / Section 2205
§ Â
        2205. When Fund not to be used.
Status: in_force

In the case where the Governor-elect is the incumbent Governor, there shall be no expenditures of funds for the provision of facilities to such incumbent pursuant to this chapter.
29 Del. C. § 8094 — Delaware Code / Title 29 / Chapter 80 / Subchapter V / Section 8094
§ Â
        8094. Statewide survey.
Status: in_force

(a) The Department in collaboration with the Division shall conduct a statewide survey on PFAS in drinking water using standard laboratory methods for PFAS developed by the United States Environmental Protection Agency and supplemental methods that the Department or Division determine meet project specific data quality objectives.

(b) On or before January 1, 2022, the Department shall provide all of the following to the Governor and the General Assembly:

(1) The results of the statewide survey mandated by this section.

(2) A specific plan for addressing any PFAS contamination identified in the statewide survey mandated by this section.
29 Del. C. § 10132 — Delaware Code / Title 29 / Chapter 101 / Subchapter IV / Section 10132
§ Â
        10132. Effective date of agencyâs action.
Status: in_force

(a) Whenever an application is made to renew a license or for a new license for an activity of a continuing nature, the activity does not become illegal until the application has been finally denied by the agency.

(b) Whenever an agency proposes to revoke, suspend, annul or withdraw a license, such action shall not be effective until a final order is issued, except when the public health, safety or welfare clearly requires emergency action and the agency’s order so states.
29 Del. C. § 8405 — Delaware Code / Title 29 / Chapter 84 / Section 8405
§ Â
        8405. Office of Administration.
Status: in_force

The Office of Administration is hereby established having powers, duties and functions as follows:

(1) The Office of Administration shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Controller of the State Highway Department, as set forth in Chapter 1 of Title 17;

(2) In addition to the foregoing, the Office of Administration shall administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and shall coordinate such general services and business administration with other departments, agencies and offices of the government of this State.
29 Del. C. § 4813 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4813
§ Â
        4813. Prizes to minors.
Status: in_force

If the person entitled to a prize or any winning ticket is under the age of 14 years, the Director may direct payment of the prize by delivery to an adult member of the minor’s family or a guardian of the minor a check or a draft payable to the order of the minor. The Director shall be discharged of all liability upon payment of a prize to a minor pursuant to this section.
29 Del. C. § 4826 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4826
§ Â
        4826. Internet lottery.
Status: in_force

(a) The Director is authorized to operate an Internet lottery in accordance with this chapter, other Delaware laws, and federal law.

(b) No Internet lottery game shall be conducted unless the software, computer or other gaming equipment utilized can verify that the player engaged in such game is physically present in the State at the time they engage in such games. The Office shall confirm that players of the Internet lottery are, in fact, verified to be physically located in the State at the time they place a wager in such games. Notwithstanding the foregoing, persons who are not physically present in this State may engage in Internet lottery games only if the Office determines that such games are not inconsistent with federal law and the law of the jurisdiction in which the person is physically present, or if such games are conducted pursuant to an interstate compact to which the State is a party that is not inconsistent with federal law.

(c) The Director shall have the duty to promulgate such rules and regulations governing the Internet lottery as the Director deems necessary and desirable in order that the Internet lottery be initiated at the earliest feasible time in a manner that provides for the security and effective administration of such games, including but not limited to:

(1) The type, number, payout, wagering limits, and rules for Internet lottery games;

(2) The creation, utilization, of Internet lottery accounts by players of the Internet lottery, provided that such accounts shall be possessed only by a natural person and not in the name of any beneficiary, custodian, joint trust, corporation, partnership or other organization or entity, and provided that such accounts shall not be assignable or otherwise transferable;

(3) Procedures for logging in Internet lottery account holders, authenticating their identity, agreeing to the terms, conditions and rules applicable to such games, and logging out, including procedures for automatically logging off persons from the Internet lottery after a specified period of inactivity;

(4) Procedures for acquiring funds in an Internet lottery account by cash, transfer or other means, the withdraw of such funds from such accounts, the suspension of Internet lottery account activity for security reasons, the termination of Internet lottery accounts and disposition of proceeds therein, and the disposition of unclaimed amounts in dormant Internet lottery accounts pursuant to Chapter 11 of Title 12;

(5) Mechanisms by which the Office or persons playing Internet lottery games may place limits on the amount of money being wagered per game or during any specified time period, or the amount of losses incurred during any specified time period;

(6) Mechanisms to exclude from the Internet lottery persons not eligible to play by reason of age, inclusion on a list of self-excluded persons in § 4834 of this title, or inclusion by the Director on a list for exclusion pursuant to § 4835 of this title;

(7) Procedures for the security and reliability of Internet lottery games and Internet lottery accounts, protection of the software, computers and other equipment used in the Internet lottery, and mechanisms to prevent tampering or utilization by unauthorized persons; and

(8) Mechanisms by which the Office shall require that accounts for Internet ticket game purchases be funded by purchase of a prepaid card or other mechanism obtained from a lottery agent through which players can transfer money or credits for Internet ticket game play.

(d) The Director shall cause each Internet site on which the Internet lottery is conducted to include an advertisement for and link to additional information for services for the treatment, education and assistance of compulsive gamblers and their families.
29 Del. C. § 5554 — Delaware Code / Title 29 / Chapter 55A / Subchapter I / Section 5554
§ Â
        5554. Waiver of benefits.
Status: in_force

Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shall be made covering the period during which such waiver was in effect.
29 Del. C. § 9006D — Delaware Code / Title 29 / Chapter 90D / Section 9006D
§ Â
        9006D. Division of Diversity, Equity and Inclusion.
Status: in_force

(a) The Division of Diversity, Equity and Inclusion of the Department of Human Resources is hereby established having powers, duties and functions as follows:

(1) The Division shall assume all responsibilities and oversight previously assigned to the Governor’s Council on Equal Employment Opportunity.

(2) The Chief Diversity Officer shall have the following responsibilities:

a. Guide efforts to define, assess, and cultivate access, diversity, equity, and inclusion throughout state government.

b. Provide analysis of various forms of institutional data to benchmark and promote accountability for the diversity mission of state agencies.

c. Promote and provide education to foster an awareness and understanding of the various laws, regulations, and policies regarding nondiscrimination.

d. Collaborate with state agencies to identify policies and practices supporting the recruitment and retention of employees from historically underrepresented groups.

e. Develop diversity metrics and processes to assess diversity, equity, and inclusion efforts.

(b) The Chief Diversity Officer 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. § 8790A — Delaware Code / Title 29 / Chapter 87A / Subchapter IX / Section 8790A
§ Â
        8790A. Definitions.
Status: repealed

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

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

(2) “Chairperson” means the Chairperson of the Authority.

(3) “Chief elected official” means the highest elected official of any political subdivision of the State, including, but not limited to, the County Executive of New Castle County, the President of the Sussex County Council, the President of the Levy Court of Kent County and the Mayor of the City of Wilmington.

(4) “Code” means the Internal Revenue Code of 1986, as amended.

(5) “Committee” means the Industrial Revenue Bond Committee established pursuant to § 8792A of this title.

(6) “Private activity bond” has the meaning ascribed to that term in the Code.

(7) “Secretary of Finance” means the Secretary of Finance of this State.

(8) [Repealed.]

(9) “State ceiling” has the meaning ascribed to that term in the Code.

(10) “Volume cap” has the meaning ascribed to that term in the Code.
29 Del. C. § 8704A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8704A
§ Â
        8704A. Division of Small Business â Appointment, qualifications and compensation of Director; Acting Director.
Status: in_force

(a) The Division shall be headed by the Director. The Director shall be appointed by the Secretary, and shall serve at the pleasure of the Secretary. The Director shall be qualified by training and experience to perform the duties of the position, and preference shall be given to a resident of this State, provided the resident is acceptable and equally qualified. The Director shall be paid an annual salary established by the Secretary within the limitation of the funds appropriated therefor.

(b) In the event of the death, resignation, temporary incapacity or removal of the Director, and prior to the appointment of a successor, the Secretary may appoint any qualified employee of the Division or any of its subdivisions to serve as Acting Director. The Director may, during an absence from the State, appoint any qualified employee of the Division or any of its subdivisions to serve as Acting Director during such absence. In either case, the Acting Director shall have all the powers and shall perform all the duties and functions of the Director during the Director’s absence or incapacity or until a successor is duly appointed and qualified.
29 Del. C. § 9017 — Delaware Code / Title 29 / Chapter 90 / Section 9017
§ Â
        9017. Confidential information.
Status: in_force

(a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents, guardians, caretakers or custodians which are maintained and controlled by the Department of Health and Social Services.

(b) The Department shall have the discretion to release information from its records to public and private agencies if it determines that such release will serve the best interest of children in its care.

(c) The Department shall cause to be submitted to the State Bureau of Identification (SBI) information as may be required to comply with federal laws and regulations relating to background checks for the purchase and transfer of firearms. The information must include only names and other nonclinical identifying information. The SBI shall transmit the information, as may be required by law, to the FBI for use in its National Instant Criminal Background Check System (NICS).

(d) In releasing the aforementioned records pursuant to this section, the Department and the Department of Health and Social Services and their employees shall have immunity from any civil or criminal liability.

(e) This section shall not be construed to override any confidentiality provisions provided under state or federal law which govern any records in the control of the Department of Health and Social Services, including but not limited to, the following statutes: §§ 157, 702, 1121(b)(9) and 5161(a)(7) of Title 16; and § 2802 of Title 31.
29 Del. C. § 8311 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8311
§ Â
        8311. 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 hereafter performed by the Department or by the division, subdivision or office to which such function is transferred by this chapter and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. § 9047C — Delaware Code / Title 29 / Chapter 90C / Subchapter IV / Section 9047C
§ Â
        9047C. Annual report [Expires July 17, 2034, pursuant to 84 Del. Laws, c. 307, Â 3].
Status: in_force

On or before December 31, 2024, and on or before every December 31 thereafter, the Commission shall submit to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Director and Librarian of the Division of Legislative Services, for distribution to the members of the General Assembly, an annual report of the Commission’s activities for the previous year and goals for the upcoming year. The report may also include proposals for legislation, administrative action, or other policy changes the Commission considers necessary to further the goals and purposes of this subchapter.
29 Del. C. § 609 — Delaware Code / Title 29 / Chapter 6 / Section 609
§ Â
        609. Lead paint on outdoor structures.
Status: in_force

All provisions of this title must comply with Chapter 30M of Title 16.
29 Del. C. § 2530 — Delaware Code / Title 29 / Chapter 25 / Subchapter III / Section 2530
§ Â
        2530. Short title.
Status: in_force

This subchapter may be cited as “The Not-for-profit Healthcare Conversion Act.”
29 Del. C. § 5015 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5015
§ Â
        5015. Transition provisions [Transferred].
Status: in_force

Transferred to § 8715A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5833 — Delaware Code / Title 29 / Chapter 58 / Subchapter IV / Section 5833
§ Â
        5833. Employerâs authorization to act.
Status: in_force

Every employer of a lobbyist shall verify such employment and the contents of the electronic Employer Authorization form submitted to the Commission not later than 15 business days after the lobbyist has registered with the Commission. If the employer is a corporation, association or labor union, any authorized officer or agent who is not the lobbyist shall provide electronic verification to the Commission. The authorization shall include the full and legal name and business address of both the employer and the lobbyist, the period of time during which the lobbyist is authorized to act and the subject or subjects of legislation, regulation or administrative action upon which the employer is represented.
29 Del. C. § 5048 — Delaware Code / Title 29 / Chapter 50 / Subchapter III-A / Section 5048
§ Â
        5048. Fund purposes [Transferred].
Status: in_force

Transferred to § 8748A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 9015 — Delaware Code / Title 29 / Chapter 90 / Section 9015
§ Â
        9015. Budgeting and financing.
Status: repealed

(a) The Secretary, in cooperation with the Department directors and office administrators, 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 must operate within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Each fiscal year, pursuant to established methodology, the Secretary and the Office of Management and Budget shall review projections on the number of child abuse and neglect cases for the next fiscal year. Based on these projections, the General Assembly shall fund, subject to a specific appropriation, funds and positions for the next fiscal year, beginning each July 1, to the Division of Family Services to provide:

(1) An adequate number of child protection investigation workers so that regional caseloads do not exceed 11 cases per fully functioning worker.

(2) An adequate number of child protection treatment workers so that regional caseloads do not exceed 12 cases per fully functioning worker.

(3) An adequate number of Family Service supervisors so that there is 1 supervisor for every 5 workers.

(4) An adequate number of training positions, but not less than 15, to ensure that fully trained staff are always available to fill vacancies.

(5)-(7) [Repealed.]

In the event that regional caseloads exceed the above set standards during any fiscal year, the Office of Management and Budget shall, to the extent moneys are available, authorize the use of casual seasonal positions as a temporary mechanism to ensure that caseloads remain within Delaware standards. Fully functioning workers are workers that are employed and working full-time, and do not include workers on extended medical leave, trainees who have not completed training, or workers with restricted caseloads.

(c) In order to ensure the standards set forth in subsection (b) of this section are maintained, the Secretary shall submit a quarterly report to the Governor, the Controller General, and the Director of the Office of Management and Budget, with copies to the Chairpersons of the House of Representatives Committee on Health and Human Development, the Senate Committee on Children, Youth and Their Families, and the Child Protection Accountability Commission that details the above information both statewide and on a regional basis.

(d) For the purpose of retaining and attracting experienced investigation and treatment workers in the Division of Family Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units. Current Division employees who successfully apply for these positions shall have their position reclassified to Family Crisis Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist are effective upon the approval of the Secretary of the Department of Human Resources, the Director of the Office of Management and Budget, and the Controller General. The Division is authorized to transfer positions between budget units in order to adjust its complement to ensure the correct number of fully functioning employees are in each functional unit of the Division. The Division shall submit a quarterly report to the Secretary of the Department of Human Resources, the Director of the Office of Management and Budget, and the Controller General detailing any adjustments to the complement, the number of Family Crisis Therapists hired, and retention statistics.

(e) Special funds may be used in accordance with approved programs, grants, and appropriations.

(f) The Department is authorized to provide funding for youth who have attained the age of 18 but are less than 23 years of age, by payment of foster care supports specifically related to housing, by direct youth stipends and/or to other public or private agencies to provide transitional and independent living services to youth. The Department shall establish policies for eligibility for direct youth stipends that shall require youth accountability, financial literacy, and attainment of self-sufficiency benchmarks. Funds appropriated for the purpose of supporting youth who are eligible for independent living services must be used to support those youth.
29 Del. C. § 7108 — Delaware Code / Title 29 / Chapter 71 / Section 7108
§ Â
        7108. Other permissible users of state-owned vehicles.
Status: in_force

Notwithstanding the definition of the term “agency” set forth in § 7101 of this title, operators of provider-managed residential settings or day programs contracted through the Department of Health and Social Services’ Division of Developmental Disabilities Services (DDDS) may contract with Fleet Services, with the permission of DDDS, for the sole purpose of obtaining vehicles necessary or the operation of the contracted provider-managed residential settings or day programs, subject to all provisions of the Fleet Services Acceptable Use Policies.
29 Del. C. § 2551 — Delaware Code / Title 29 / Chapter 25 / Subchapter V / Section 2551
§ Â
        2551. Definitions.
Status: in_force

For purposes of this subchapter, “Director” means the Director of the Division of Civil Rights and Public Trust and includes any designee.
29 Del. C. § 6435 — Delaware Code / Title 29 / Chapter 64 / Section 6435
§ Â
        6435. Department of Health and Social Services.
Status: in_force

(a) If, at any time during the fiscal year, there should be a temporary delay in receiving federal matching funds for the TANF Program within the Department of Health and Social Services, such funds as may be required to assure the timely distribution of the public assistance checks shall be advanced and shall be paid by the State Treasurer from the General Fund. The Department of Health and Social Services shall promptly reimburse the General Fund upon receipt of the federal matching funds. However, there shall not be an advance of funds for the purpose described above, if all such previous advancements have not been fully reimbursed.

(b) The Division of Substance Abuse and Mental Health is able to bill for additional Medicaid revenue due to a waiver of the Institution for Mental Diseases exclusion, as part of the Medicaid Managed Care waiver. This additional revenue shall be deposited to the General Fund, and the Division shall make every effort to ensure that these bills are submitted to the appropriate entities in an expeditious manner.

(c) The Division of Social Services is permitted to use Title XIX Federal Programs (Medicaid) funds when necessary to reimburse the federal government for its portion of overpayments not collected within 60 days of identification. When such overpayments are collected, the funds shall be deposited back into the Division’s Medicaid Non-State account.

(d) The Division of Social Services is authorized to establish bank accounts to advance funds from the Employment and Training Program to clients or vendors in a timely manner. These advances are to be for supportive services or welfare diversion services in the nature of clothing and transportation allowances and other services to advance client self-sufficiency, as proposed in Delaware’s A Better Chance Welfare Reform Program.

(e) Members of the Council on Hispanic Affairs shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties not to exceed $500 annually.

(f) The Division of State Service Centers is authorized to collect and deposit tenant user fees from its 14 facilities throughout the State to the holding account entitled Facility Reimbursement. These fees are charged to partially offset the costs of service center operations.

(g) Appropriations for emergency assistance within the Division of State Service Centers may be used for programs of longer than 30 days’ duration.

(h) Notwithstanding any other provisions of the Delaware Code, state employee recognition funds may be used pursuant to existing guidelines to include the recognition of volunteers and other nonstate employees at the discretion of the Secretary of the Department of Health and Social Services.
29 Del. C. § 2304 — Delaware Code / Title 29 / Chapter 23 / Section 2304
§ Â
        2304. Keeper of Great Seal and records.
Status: in_force

The Secretary of State shall be keeper of the Great Seal of the State, and through the Delaware Public Archives of all acts and public resolutions of the General Assembly and of all archival records and public papers belonging to the Executive Department.
29 Del. C. § 6411 — Delaware Code / Title 29 / Chapter 64 / Section 6411
§ Â
        6411. Department of Technology and Information.
Status: in_force

All agencies are directed to remit payment for services rendered by the Department of Technology and Information within 30 days of receipt of invoice. Services may include, but are not limited to, postal metering, distribution supplies, telecommunication and telephone services, professional services, and data processing services.

If a prompt payment problem exists, the Department of Technology and Information may require all agencies and school districts receiving services to make monthly estimated payments toward their invoice. The estimated payments should be equal to the average of the last three months of reconciled payments or based on a schedule established by the department. The department will continue to be responsible for the actual payments to telephone companies and other vendors. In addition, the department will be responsible for the reconciliation of accounts with the user agencies and school districts.
29 Del. C. § 8909 — Delaware Code / Title 29 / Chapter 89 / Subchapter I / Section 8909
§ Â
        8909. Definitions and references in other laws.
Status: in_force

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

(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. § 5201 — Delaware Code / Title 29 / Chapter 52 / Section 5201
§ Â
        5201. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Chronic care management” means the services in the Chronic Care Management Services Program, as administered by the Centers for Medicare and Medicaid Services, and includes Current Procedural Terminology (“CPT”) codes 99487, 99489, and 99490.

(2) An “eligible child dependent” is one who is:

a. The child of a regular officer, employee or eligible pensioner or spouse of a regular officer, employee or eligible pensioner, either by birth or adoption, who is under the age of 26 or is unmarried, regardless of age, and incapable of self support because of an intellectual, mental or physical disability which existed before age 21; or

b. An unmarried child under the age of 19 years or the age of 24 if a full time student who depends for support upon and resides with a regular officer, employee or eligible pensioner in a regular parent-child relationship and qualifies as a dependent of the regular officer, employee or eligible pensioner under Internal Revenue Code § 105 (26 U.S.C. § 105).

(3) a. “Eligible pensioner” means any of the following:

1. An individual who is receiving or is eligible to receive retirement benefits in accordance with the state employees’ pension plan under Chapters 53 and 55 of this title, the State Police pension plan under subchapter II and subchapter III of Chapter 83 of Title 11, the pension plan for state judiciary under Chapter 56 of this title, or is receiving retirement or disability benefits under the teachers’ retirement and disability plan under Chapter 39 of Title 14.

2. Individuals who were employed by the county prothonotary offices immediately prior to October 1, 1987, and who chose to remain in their respective county pension plans and who would otherwise be eligible to receive retirement benefits in accordance with the state employees’ pension plan under Chapters 53 and 55 of this title.

3. Employees who are receiving disability benefits under § 5253(c) of this title.

b. For purposes of § 5202(a) & (b) of this title, “eligible pensioner” includes the eligible pensioner’s eligible spouse and child dependents.

(4) “FDA” means the Food and Drug Administration.

(5) “First employed” means the date when the eligible pensioner was first employed as a regular officer or employee.

(6) “Mandatory retirement” means mandatory retirement under § 8361 of Title 11.

(7) “Maximum state share” means the amount of the premium that the State pays for a plan on behalf of a regular officer or employee or an eligible pensioner before the proration ratio is applied under § 5202(b) of this title.

(8) “Medicare” means the federal Medicare Program, 42 U.S.C. § 1395 et seq.; U.S. Public Law 89-87, as as amended.

(9) “Plan” means a health-care insurance plan provided under this chapter.

(10) “Premium” means the total premium or subscription charge for a plan.

(11) “Primary care” means health care provided by a physician or an individual licensed under Title 24 to provide health care, with whom the patient has initial contact and by whom the patient may be referred to a specialist and includes family practice, pediatrics, internal medicine, and geriatrics.

(12) a. “Regular officer or employee” means any of the following:

1. An individual who works the regularly scheduled full-time hours of the employing agency.

2. An individual who works at least 30 or more hours per week or 130 hours per month, with allowable interruptions, in a position of a continuing nature on a regular schedule expected to last at least 1 year from the date of initial appointment. The appointing authority shall determine at the time of appointment the qualifications of an appointee regarding the continuing nature and appointment duration criteria under this paragraph (12)a.2.

3. An employee who is receiving disability benefits under § 5253(b) of this title.

4. A member of a board or commission, if the member qualified for and was receiving coverage under the Delaware state group health insurance contract on January 1, 1993, as a member of that board or commission.

b. A regular officer or employee called to active duty with Guard or Reserve for other than training purposes is deemed to be a “regular officer or employee” for the period of active duty until the period of active duty reaches 2 years.

c. “Regular officer or employee” does not include any of the following:

1. An employee appointed to a temporary or seasonal position.

2. A member of a board or commission, except as provided under paragraph (12)a.4. of this section.

(13) “Therapeutic equivalent” means a contraceptive drug, device, or product that is all of the following:

a. Approved as safe and effective.

b. Pharmaceutically equivalent to another contraceptive drug, device, or product in that it contains an identical amount of the same active drug ingredient in the same dosage form and route of administration and meets compendial or other applicable standards of strength, quality, purity, and identity.

c. Assigned, by the FDA the same therapeutic equivalence code as another contraceptive drug, device or product.
29 Del. C. § 1904 — Delaware Code / Title 29 / Chapter 19 / Section 1904
§ Â
        1904. Revision of fiscal projection.
Status: in_force

The Controller General shall revise the fiscal projection with each successive state of the legislative process in which any amendment or substitute bill is introduced which changes the fiscal effect of the bill or joint resolution. Such revised fiscal projections must be included with each such amendment or substitute bill at the time of introduction. Fiscal projections previously attached to the bill or joint resolution shall remain with the bill or joint resolution and shall not be removed.
29 Del. C. § 334 — Delaware Code / Title 29 / Chapter 3 / Section 334
§ Â
        334. State dragonfly.
Status: in_force

The blue dasher (Pachydiplax longipennis) is the official dragonfly of this State.
29 Del. C. § 551 — Delaware Code / Title 29 / Chapter 5 / Subchapter II / Section 551
§ Â
        551. Powers with respect to historical buildings, sites, objects and archaeological resources.
Status: in_force

(a) To prevent the further loss of part of our national heritage and culture through the deterioration or neglect of historic buildings, sites, objects or archaeological resources within this State, including archaeological resources in or on subaqueous lands pursuant to Chapter 53 of Title 7, the Department of State may survey, examine, select for preservation, acquire, repair, restore, operate and make available for public visitation and use such historic buildings, sites, objects or archaeological resources as it may deem worthy of preservation in the best public interest for the fulfillment of the purposes of this subchapter.

(b) When any property heretofore or hereafter acquired by the Department by gift, devise, purchase or otherwise is no longer needed for historical programming purposes the Department shall attempt to dispose of the property as follows:

(1) If at the time of the Department’s determination to dispose of the property, the property is subject to a revenue producing lease agreement which has been in force for a period of at least 5 years, the Department shall, in writing, notify the tenant that the property is no longer needed for historical programming purposes. Such notice shall inform the tenant of the Department’s desire to sell the property, and include a copy of the Department’s approved appraisal and a purchase agreement containing the terms and conditions for sale to the tenant. The sale price shall not be less than the approved appraised value. If the tenant elects to purchase the property, the tenant shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the tenant has, in writing, waived any desire to purchase the property, or if the property is subject to multiple leases. Failure of the tenant to respond to the notice within 30 days shall constitute a waiver of the tenant’s rights hereunder.

(2) If the provisions of paragraph (b)(1) of this section do not apply, or were forfeited through lack of response, or were waived by the tenant, or the tenant fails to comply with the terms and conditions of the purchase agreement, the Department may dispose of the property in accordance with the procedures outlined in Chapter 94 of this title.

(3) Prior to the sale of any historic property, the Department shall present the details of the proposed sale to the Controller General and the Director of the Office of Management and Budget for their approval.
29 Del. C. § 6342 — Delaware Code / Title 29 / Chapter 63 / Subchapter III-A / Section 6342
§ Â
        6342. Preparation of annual capital budget.
Status: in_force

The Director of the Office of Management and Budget shall prepare, and amend as necessary, a program of state public works, major capital improvement projects and other facilities undertaken or recommended to be undertaken by the State, or any of the authorities or other instrumentalities of the state government. Such program shall be submitted as the annual capital budget to the Governor at such time as it shall be deemed appropriate for submission to the General Assembly. The Director of the Office of Management and Budget shall maintain a report on the status of all capital projects funded by any debt offering issued by the State or by any of the authorities or other instrumentalities of state government.
29 Del. C. § 5952 — Delaware Code / Title 29 / Chapter 59 / Subchapter V / Section 5952
§ Â
        5952. Federal merit system standards.
Status: in_force

Notwithstanding any other provisions of this chapter, the Board and each officer and employee of this State are authorized and directed to take such action with respect to matters involving personnel as may be necessary to insure the continued eligibility of this State for grants-in-aid under any federal law or program.
29 Del. C. § 4838 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4838
§ Â
        4838. Delinquent child support.
Status: in_force

(a) The Director of the Division of Child Support Services, Department of Health and Social Services shall enter into a cooperative agreement with the Director and the operator of each video lottery or charitable gaming organization facility within this State whereby the Director of the Division of Child Support Services shall provide information regarding individuals with a qualified child support obligation for the purpose of satisfying such obligation in part or in whole with any qualified lottery prizes won by such individuals. Prior to awarding any qualified lottery prize, an operator of a lottery facility shall determine if the winner of such prize owes a qualified child support obligation. In the event that a qualified child support obligation is owed, such prize shall be reduced by:

(1) One hundred percent in the event that the qualified lottery prize is less than or equal to the qualified child support obligation; or

(2) The amount of the qualified child support obligation in the event that the qualified lottery prize exceeds the qualified child support obligation.

Any remaining amounts shall be awarded to the qualified lottery prize winner.

(b) The specific information and the manner and frequency with which it is made available or otherwise exchanged between the Division of Child Support Services, the Director and each operator of a video lottery facility in this State shall be as determined by each cooperative agreement, but such cooperative agreement must specify:

(1) That the Division of Child Support Services shall make available or otherwise provide or update information at least once each calendar month;

(2) That the operator of a video lottery facility shall make use of automated data exchanges to the maximum extent feasible and will remit to the Division of Child Support Services those qualified lottery prizes that offset qualified child support obligations as set forth in the written agreements;

(3) The procedure by which the operator of a video lottery facility will remit to the Division of Child Support Services those qualified lottery prizes that offset qualified child support obligations;

(4) That the operator of the video lottery facility will provide the qualified prize winner written notice of the amount withheld from the qualified lottery prize and instructions for contesting an intercept directly to the Division of Child Support Services; and

(5) Any such other matters as the parties to such an agreement shall deem necessary to carry out the provisions of this section.

(c) An operator of a video lottery facility shall not be liable under any state law to any person or government agency for any of the following:

(1) Any disclosure of information to the Division of Child Support Services under this section.

(2) As provided in § 513(c)(4) of Title 13, with regard to any order of child support made payable to the Division, the Division’s records shall be presumptive of the payment or nonpayment of each installment payment.

(3) Any other action or omission taken in good faith to comply substantially with the requirements of this section.

(d) The Director shall promulgate such rules and regulations as is deemed necessary to carry out the provisions of this section.
29 Del. C. § 5009 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5009
§ Â
        5009. Delaware Economic Development Office â Staff [Transferred].
Status: in_force

Transferred to § 8709A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 5523 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5523
§ Â
        5523. Vested right to service pension.
Status: in_force

(a) An employee who is not a post-2011 employee and who has 5 years of credited service exclusive of service under § 5501(e)(4), (5) and (12) of this title shall have a vested right to a pension. A post-2011 employee who has 10 years of credited service exclusive of service under § 5501(d)(12) of this title shall have a vested right to a pension.

(b) A former employee’s vested right shall be forfeited upon an application for a refund of the former employee’s accumulated contributions.
29 Del. C. § 5062 — Delaware Code / Title 29 / Chapter 50 / Subchapter IV / Section 5062
§ Â
        5062. Limitation of powers of State [Transferred].
Status: in_force

Transferred to § 8762A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8768A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8768A
§ Â
        8768A. Inconsistent laws inapplicable; facsimile signatures.
Status: in_force

Insofar as any provision of this subchapter is inconsistent with any general, special or local laws, or part thereof, this subchapter shall be controlling. Facsimile signatures of officers of the Authority and the Council on Development Finance on bonds issued by the Authority shall have the same legal effect as the manual signatures of such officers, whether or not such officer filed with the Secretary of State the officer’s manual signature certified by the officer under oath in accordance with the Uniform Facsimile Signatures of Public Officials Act [§ 5401 et seq. of this title].
29 Del. C. § 8062 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8062
§ Â
        8062. State electric vehicle charging infrastructure.
Status: in_force

(a) As used in this section:

(1) “Agency” means as defined in § 6301 of Title 29.

(2) “All-electric vehicle” means an electric vehicle that operates solely from an internal electric battery.

(3) “Costs” means the costs associated with electricity used by the agency’s EVSEs, installation of the agency’s EVSEs, and maintenance of the infrastructure and equipment of the agency’s EVSEs.

(4) “Electric vehicle supply equipment” or “EVSE” means equipment that connects an electric vehicle to an external source of electricity to recharge the electric vehicle’s internal battery.

(5) “Electric Vehicle” or “EV” includes plug-in hybrid vehicles and all-electric vehicles, and means a motor vehicle, as defined in § 101 of Title 21, that satisfies both of the following:

a. Uses 1 or more electric motors for propulsion.

b. Is powered through an internal battery that is charged using an external electricity source.

(6) “Plug-in hybrid vehicle” means an electric vehicle that operates with an internal combustion engine and an electric motor that can be plugged into an external electric power source to charge the internal battery.

(b) An agency that has installed EVSE may make the EVSE available for use, at the agency’s discretion, by the public or employees, or both.

(c) If an agency provides access to its EVSE for charging to an electric vehicle not owned by the State, it may charge a fee for the use of its EVSE that does not exceed the agency’s costs. The agency shall use the fees collected for the payment of the electricity used by the EVSE and for the maintenance of the EVSE infrastructure and equipment.

(d) Agency EVSE must be located on state-owned or state-leased real property used for state offices, service centers, maintenance facilities, correctional facilities, visitor centers, research centers, health-care facilities, recreational facilities, or other state-owned or state-leased real property where state employees work or receive visitors conducting business with state agencies.
29 Del. C. § 6336 — Delaware Code / Title 29 / Chapter 63 / Subchapter III / Section 6336
§ Â
        6336. Consideration of the budget and Budget Appropriation Bill by a joint committee of the General Assembly.
Status: in_force

The standing committees of each House in charge of the Budget Appropriation Bill shall sit jointly in open session while considering the budget and the Budget Appropriation Bill and they shall begin such joint meetings within 5 days after the budget and the Budget Appropriation Bill have been submitted to the General Assembly by the Governor. This joint committee may cause the attendance of heads or responsible representatives of the agencies of the State asking for financial aid and compel the furnishing of such information and the answering of such questions as the joint committee shall require, and to these sessions all persons interested in the estimates under consideration shall be admitted with the right to be heard. The Governor, or the Governor’s representative, and the Governor-elect shall have the right to sit at these public hearings and be heard on all matters coming before the joint committee.
29 Del. C. § 4312 — Delaware Code / Title 29 / Chapter 43 / Subchapter I / Section 4312
§ Â
        4312. Special fee provisions for certain services to members of the armed forces and to veterans; penalties; jurisdiction of justices of peace.
Status: in_force

(a) No notary public or other person who is authorized by law to take the acknowledgment of instruments or to administer oaths or affirmations shall charge any person serving in the armed forces of the United States, or a veteran of any war, or the widow or children of a soldier, or soldier’s parents, or widower or other relative of any person in the armed services the fee provided by law when an acknowledgment, oath or affirmation is taken in connection with any paper or papers required to be executed by the Veterans Administration or in support of any claim or other papers connected with or referring to the service of any male or female now serving or who hereafter may serve or who, in the past, has served in the armed forces of the United States.

(b) Whoever violates subsection (a) of this section shall be fined not less than $10 nor more than $25 and, in default of the payment of such fine, shall be imprisoned for not more than 5 days.

(c) Justices of the peace shall have jurisdiction of offenses under this section.