29 Del. C. § 9018C — Delaware Code / Title 29 / Chapter 90C / Subchapter II / Section 9018C
§ Â
        9018C. Development and implementation of agency privacy policies.
Status: in_force

(a) Each agency that maintains a state agency website shall develop a policy in conformity with the provisions of this subchapter. Each such policy shall include, but not be limited to, the following elements:

(1) A statement of any information, including personal information, the state agency website may collect with respect to the user and the use of the information;

(2) The circumstances under which information, including personal information, collected may be disclosed;

(3) Whether any information collected will be retained by the state agency, and, if so, the period of time that such information will be retained;

(4) The procedures by which a user may gain access to the collected information pertaining to that user;

(5) The means by which information is collected and whether such collection occurs actively or passively; and

(6) Whether the collection of information is voluntary or required, and the consequences, if any, of a refusal to provide the required information.

(b) The Department shall develop a model website privacy policy that can be utilized by state agencies to comply with this section. State agencies may modify or depart from this model policy, provided that the requirements of this subchapter are met.
29 Del. C. § 5547 — Delaware Code / Title 29 / Chapter 55 / Subchapter III / Section 5547
§ Â
        5547. Employer pickup of employee contributions.
Status: in_force

(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414 (h)(2)], shall pick up and pay the contributions which would otherwise be payable by the employees under § 5543 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the employee’s compensation.

(b) Employee contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to an employee. A deduction shall be made from each employee’s compensation equal to the amount of the employee’s contributions picked up by the employer. This deduction, however, shall not reduce the employee’s compensation for purposes of computing benefits under the retirement system pursuant to this chapter.

(c) Employee contributions shall be credited to a separate account within the employee’s individual account so that the amount contributed prior to the effective date for the pickup of employee contributions may be distinguished from the amounts contributed on or after the effective date.

(d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
29 Del. C. § 5256 — Delaware Code / Title 29 / Chapter 52A / Section 5256
§ Â
        5256. Authority and duties of the State Employee Benefits Committee.
Status: in_force

The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under this chapter:

(1) Control and management of the State Employees’ Disability Insurance Program as provided by this chapter.

(2) Authority to establish the state employees’ short-term disability insurance program on a self-insured basis and a long-term disability insurance program on an insured basis.

(3) Selection, in its sole discretion, of the carriers or third-party administrators deemed to offer the programs which will best satisfy the interests of the State and its employees in carrying out the intent of this chapter.

(4) Authority to adopt rules and regulations for the general administration of the Disability Insurance Program established pursuant to this chapter.

(5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of assisting in the general administration of this chapter.

(6) The Committee may require any employee to furnish such information as may be required for the determination of benefits under this chapter, or to authorize the Committee to procure such information. The Committee may withhold payment of any benefit under this chapter whenever the determination of such benefit is dependent upon such information and the employee does not cooperate in the furnishing or procuring thereof.
29 Del. C. § 8024 — Delaware Code / Title 29 / Chapter 80 / Subchapter I / Section 8024
§ Â
        8024. 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. § 8770A — Delaware Code / Title 29 / Chapter 87A / Subchapter VIII / Section 8770A
§ Â
        8770A. Definitions.
Status: repealed

(a) “Added cost to employers” means the actual increased costs incurred by employers when they assume the responsibility for career worksite training. Such increased costs must be specifically identified and may include such costs as those incurred for training supervision, maintaining training records, monitoring the progress of training and implementing performance standards, additional costs of production time allocated for training on the job, wage subsidies to trainees and similar functions essential to career worksite training programs.

(b) “Classroom instruction” means job-related instruction on or off the jobsite, the provision of which is normally outside of scheduled working hours and is neither in the course of production nor in the course of rendering a service. Classroom instruction can be used in coordination with on-site training so that the skills acquired both in the classroom and on the job are mutually reinforced in a manner that enhances the career education and the productivity of the trainee.

(c) “Covered costs of classroom instruction” means costs incurred in the provision of classroom instruction for both entry level and on-site training and may include specially identified costs incurred for instructors, classroom space and facilities, liability insurance, administrative support services and related costs. To the extent possible, funds allocated from this source shall be utilized in the provision of classroom training. Costs such as those for specialized equipment and materials not appropriately attributable to classroom training shall not be allowed.

(d) [Repealed.]

(e) “Eligible applicant” means an applicant who may apply for funds that are made available to fund the purposes of this subchapter. Eligible applicants shall include, but not be limited to, local education agencies, employers, employee organizations, community-based organizations and other providers of training with demonstrated effectiveness, or any combination thereof. No party to a collective bargaining agreement shall be an eligible applicant unless all parties to the agreement apply in writing.

(f) “Entry level training” means instruction conducted in the classroom, worksite or any combination thereof which is short-term in nature and is either preparatory for employment or an integral part of employment in an entry classification in a particular occupation or industry.

(g) [Repealed.]

(h) “On-site training” means the progressive development of skills associated with a defined set of work processes to be covered sequentially in the course of employment in an occupation, trade or industry and shall be consistent with a career pattern of advancement, as measured by skill proficiency and the progression of earnings and related benefits that is recognized within the occupation, trade or industry.
29 Del. C. § 10008 — Delaware Code / Title 29 / Chapter 100 / Section 10008
§ Â
        10008. Livestreaming Board of Trustees meetings of public institutions of higher learning.
Status: in_force

(a) For purposes of this section, “full Board of Trustees” means the full Board of Trustees for each of the following:

(1) University of Delaware, under § 5107 of Title 14.

(2) Delaware State University, under § 6505 Title 14.

(3) Delaware Technical and Community College, under § 9105 of Title 14.

(b) Meetings of a full Board of Trustees must be available over the internet by livestream broadcast that meets all of the following:

(1) Streams audio and video of the meeting.

(2) Permits the public to hear all participants contemporaneously.

(c) A recording of a meeting livestreamed under subsection (b) of this section must be posted on a public website within a reasonable time after the meeting concludes and must remain on the website for at least 1 year.

(d) Notice of a full Board of Trustees meeting must include information on how the public can access the livestream broadcast of the meeting and a recording of the meeting.

(e) (1) A technological failure that prevents, or a technological limitation that limits, public access otherwise required under paragraphs (b)(1) and (b)(2) of this section does not invalidate a meeting or an action taken at a meeting.

(2) Subsections (b) and (c) of this section do not require the livestreaming or recording of the portion of a full Board of Trustees meeting that is in an executive session under § 10004 of this title.
29 Del. C. § 10143 — Delaware Code / Title 29 / Chapter 101 / Subchapter V / Section 10143
§ Â
        10143. Mandamus for agency action.
Status: in_force

Any person aggrieved by the failure of an agency to take action required of it, by law, may bring an action in the Court for an appropriate writ of mandamus.
29 Del. C. § 526 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 526
§ Â
        526. Penalties.
Status: in_force

Whoever violates §§ 504, 506, 507, 508, 509, 512, 514, 517 and 519 of this title shall be guilty of an unclassified misdemeanor and shall be fined not more than $500, or imprisoned not more than 3 months, or both.
29 Del. C. § 6074 — Delaware Code / Title 29 / Chapter 60B / Section 6074
§ Â
        6074. Distribution and accountability of the First State Quality Improvement Fund.
Status: in_force

The Department of Human Resources Training and HR Solutions Division in partnership with the Government Efficiency and Accountability Review (GEAR) Program management team shall adopt rules and regulations necessary to implement this chapter, including guidelines for the distribution of these funds.
29 Del. C. § 10306 — Delaware Code / Title 29 / Chapter 103 / Section 10306
§ Â
        10306. Distribution of license renewal application.
Status: in_force

Every state agency shall regularly mail or distribute to Delaware businesses the renewal form or application necessary for retention or renewal of any regularly renewable license. No license shall be withheld, or denied, if the administering agency failed to provide the applicant with the information necessary for a proper and timely renewal or retention of a license.
29 Del. C. § 9006C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9006C
§ Â
        9006C. Requirements for agency technology projects.
Status: in_force

(a) Within guidelines established by the Department of Technology and Information, no new technology project may be initiated by any agency unless covered by a formal project plan approved by the Department and agency head. Such plan will be in the form prescribed by the Chief Information Officer, but shall include in any case:

(1) A statement of work to be done, existing work to be modified or displaced;

(2) Total cost of system development and conversion effort including, but not limited to, systems analysis and programming costs, process reengineering, establishment of master files, testing, documentation, special equipment costs and all other costs, including full overhead;

(3) Savings or added operating costs that will result after conversion;

(4) Other advantages or reasons that justify the work;

(5) Source of funding of the work, including ongoing costs and staffing resources;

(6) Conformance with formal (or abbreviated, where applicable) information systems planning methodologies;

(7) Consideration of shared applications and data elements/bases;

(8) Consistency with budget submissions and planning components thereof; and

(9) End user and staff training as needed.

(b) No project is to be undertaken which is beyond the scope of work funded by the General Fund or a special fund. This paragraph applies to all technology performed by the Department of Technology and Information, an agency, or an outside contractor, and also applies to new technology programs or systems purchased or otherwise acquired and placed in use.

(c) All projects are to be authorized by the Chief Information Officer and the concerned agency head, or their designees, before work is begun, except such relatively minor feasibility work required to prepare the project.

(d) Management control and policy direction over all aspects of computerized data requirements definition, data acquisition, data storage and dissemination, data retention and data retirement standards shall be the sole province of the Department of Technology and Information.

(e) The creation and maintenance of statewide data dictionary in which each element of data is defined, collection responsibilities are affixed, and data access by legitimate users clearly defined, shall likewise be the responsibility of the Department of Technology and Information.

(f) To those ends, no agency shall:

(1) Claim unreasonable proprietary ownership of public domain information needed by another agency in the performance of its lawful duties, except as specifically excluded by law; or

(2) Create a computerized database outside of guidelines established by the Department of Technology and Information.
29 Del. C. § 7970 — Delaware Code / Title 29 / Chapter 79 / Subchapter VI / Section 7970
§ Â
        7970. Intent.
Status: in_force

(a) It is the intent of the General Assembly that the primary purpose of this subchapter, known as the “Health Care Quality Act,” is as follows:

(1) To ensure that individuals receiving health-care services in long-term, acute, or outpatient settings are safe and secure, receive quality care, and are free from abuse, neglect, mistreatment and financial exploitation.

(2) To promote the quality of care and quality of life for individuals receiving long-term, acute, or outpatient health-care services.

(3) To ensure that training programs for certified nursing assistants:

a. Comply with state and federal statutes and regulations.

b. Are regularly monitored for compliance.

c. Are subject to sanctions for violations.

(b) Further, it is the intent of the General Assembly to ensure that in carrying out the State's quality assurance services, the responsible state agencies and law-enforcement agencies will coordinate and communicate effectively and will respond to and investigate complaints in a timely and effective manner and undertake enforcement action, civil or criminal, as warranted.
29 Del. C. § 841 — Delaware Code / Title 29 / Chapter 8 / Subchapter IV / Section 841
§ Â
        841. Filing of maps.
Status: in_force

Maps of the several representative and senatorial districts shall be prepared by the Department of Elections. The maps shall be certified as to correctness by the President of the State Board of Elections and the State Election Commissioner and recorded in the offices of the recorder of deeds for the respective counties. Two true and correct copies of these maps shall also be filed, within 10 business days of becoming final, in the offices of the State Department of Elections and provided to the respective state chairpersons of the 2 major political parties and the State Archivist and Records Administrator.
29 Del. C. § 522 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 522
§ Â
        522. Appointment of State Archivist and Records Administrator; qualifications for position; removal from office.
Status: in_force

(a) The Secretary of State shall appoint with a fixed salary, and with written approval of the Governor, a director for the Delaware Public Archives who shall have the title (State Archivist and Records Administrator) who shall be qualified by training and experience to perform the duties of the office, and who may be removed from office by the Secretary with written approval of the Governor.

(b) The State Archivist and Records Administrator shall have such powers, duties and functions in the administration and operation of the Delaware Public Archives and implementation of the Delaware Public Records Law as may be assigned by the Secretary or required by the Delaware Public Records Law.
29 Del. C. § 8215 — Delaware Code / Title 29 / Chapter 82 / Section 8215
§ Â
        8215. Assumption of powers.
Status: in_force

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the State Police Division of the State Highway Department, the Superintendent of the State Police, the State Communications Division, the State Bureau of Identification, the Motor Vehicle Division of the State Highway Department, the Motor Vehicle Commissioner, the Delaware Police Training Commission, the Department of Civil Defense and the Board of Boiler Rules immediately prior to the effective date of this chapter and which are not otherwise hereinabove specifically transferred to the Department by the chapter.
29 Del. C. § 1901 — Delaware Code / Title 29 / Chapter 19 / Section 1901
§ Â
        1901. Bills and joint resolutions which appropriate or mandate or contemplate a subsequent appropriation.
Status: in_force

(a) Any bill or joint resolution in either House of the General Assembly which authorizes expenditures not previously authorized within the annual budget for the fiscal year in which the expenditure is to be incurred or which because of the provisions of the bill or joint resolution would authorize expenditures not specifically provided for in the bill or joint resolution shall include a 3-year fiscal projection. The 3-year fiscal projection shall be attached by the sponsor prior to its initial committee consideration in the House of origin.

(b) Any bill or joint resolution in either House of the General Assembly which relates to any public pension or retirement plan applicable to any person including, but not limited to, any public employee, officer or appointee of the State that would authorize or necessarily involve expenditures not authorized within the annual budget for the fiscal year in which the expenditure is to be incurred or which, because of the provisions of the bill or joint resolution, would authorize or necessarily involve expenditures not specifically provided for in the bill or joint resolution, shall include a fiscal projection reflecting the estimated actuarial long-term cost of the proposed bill or resolution whether or not such pension or retirement plan is funded on an actuarial reserve basis. The long-term fiscal projection shall be attached by the sponsor prior to its initial committee consideration in the House of origin.
29 Del. C. § 8716A — Delaware Code / Title 29 / Chapter 87A / Subchapter I / Section 8716A
§ Â
        8716A. Reports.
Status: in_force

(a) The Division shall submit 1 annual report on or before December 1 of each year that includes all of the following information:

(1) The status of the Division’s efforts to meet the vision, goals, objectives, strategies, and economic indicators included in its comprehensive economic development planning.

(2) A summary of the work of the Council on Development Finance.

(3) The uses of the Delaware Strategic Fund for the previous year. The Director shall notify the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program on the remaining Strategic Fund balance available for commitment.

(4) The status of assistance for small business, including the Small Business Technology Transfer Program and the Small Business Innovative Research Program.

(5) The programs and funding under the Delaware Economic Development Training Act authorized by subchapter VIII of this chapter, including an evaluation of the performance of each program, a summary of the public moneys expended and an analysis of the participants in the programs, a report on the number of minority and economically disadvantaged individuals included in the programs.

(6) The names of all certified sponsor and new business firms, the total amount of tax credits awarded, and the number of jobs created under the new business certification tax program.

(b) The Division shall notify the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program of its intention to make a commitment of funds from the Strategic Fund before the commitment being made to the intended recipient of the funds.

(c) The Division shall also submit special reports upon the request of the Governor, the General Assembly, the Secretary, the Council on Development Finance, or at the discretion of the Director of those aspects of the Division’s work which may be deemed of current interest. Copies of all reports shall be made available for general distribution or sale and published on the Division’s public website.

(d) In preparing any reports on its operations, the Division may seek the advice of outside experts in the fields of tourist and travel promotion or general economic development.

(e) The Division shall submit all reports, when due, to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, the Secretary, and, for public distribution, to the Director and the Librarian of the Division of Legislative Services, and the Director of Public Archives. The Division shall also publish the reports on the Division’s public website.
29 Del. C. § 7962 — Delaware Code / Title 29 / Chapter 79 / Subchapter V / Section 7962
§ Â
        7962. Maintaining records.
Status: in_force

(a) The sponsor and resident manager of any congregate housing facility shall be responsible for maintaining a day-to-day record of residents of the facility, such record to include:

(1) The name, last known residence, and Social Security number, if any, of each resident of the facility; and

(2) The destination of each resident when the resident leaves the facility.

(b) The information contained in such record shall be confidential and shall not be disclosed except to authorized agents of the facility’s public funding sources as required by the terms of their funding agreements or as a result of a court order.
29 Del. C. § 5096 — Delaware Code / Title 29 / Chapter 50 / Subchapter VIII / Section 5096
§ Â
        5096. Eligibility for tax credits [Transferred].
Status: in_force

Transferred to § 8796A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 7415 — Delaware Code / Title 29 / Chapter 74 / Section 7415
§ Â
        7415. Use of proceeds of bonds and notes.
Status: in_force

The funds appropriated by an authorization act may be used only for the costs of the projects set forth in such act in an amount for each such project not exceeding the amount authorized by such act for such project. Costs of projects may include costs of surveys, maps, plans, designs, inspections, incidental land and equipment acquisition, incidental construction and reconstruction, landscaping, costs of issuing bonds and notes, capitalized interest during construction and reconstruction, fees for construction managers or persons performing similar functions and other costs incidental to the project. Such funds shall not be used for ordinary or normal maintenance expenses or repair, except for costs authorized by law for maintenance of and minor capital improvements to school buildings.
29 Del. C. § 6604C — Delaware Code / Title 29 / Chapter 66C / Section 6604C
§ Â
        6604C. Application.
Status: in_force

(a) This chapter applies to libraries in this State which are open to the public and which receive funding from the State or from a county or municipality of the State. It does not apply to the libraries of the University of Delaware, Delaware State University and Delaware Technical and Community College or other institutions of higher education. Public school libraries in the State are exempt from the provisions of the chapter so long as Internet access on their computers is filtered through the State’s computer system.

(b) No waivers from the provisions of this chapter shall be permitted by the Delaware Division of Libraries.
29 Del. C. § 501 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 501
§ Â
        501. Statement of legislative intent; short title.
Status: in_force

(a) The General Assembly finds that public records are essential to the administration of state and local government. Public records contain information which allows government programs to function, provide officials with a basis for making decisions and ensure continuity with past operations. Public records document the legal responsibility of government, protect the rights of citizens and provide citizens with a means of monitoring government programs and measuring the performance of public officials. State and local government records also reflect the historical development of the government and of the citizens which it serves. Such records need to be systematically managed to ensure preservation of historically valuable materials, to provide ready access to vital information and to promote the efficient and economical operation of government.

(b) The General Assembly intends by this subchapter to establish a single body of law applicable to all public officers and employees on the subject of public records management and preservation and to ensure that the procedures used to manage and preserve public records will be uniform throughout the State.

(c) The Delaware Public Archives is established as a division within the Department of State and is charged with administering, implementing and enforcing all provisions of the Delaware Public Records Law as defined in this subchapter.

(d) The Delaware Public Archives shall be the official repository for the archival records of this State and all political subdivisions thereof.

(e) This subchapter may be cited as the “Delaware Public Records Law.”
29 Del. C. § 2509 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2509
§ Â
        2509. Conflict of interest.
Status: in_force

No member of the Department of Justice shall act as attorney or counsel in any controversy in which the State, a county or a municipality has an interest except in the member’s official capacity.
29 Del. C. § 7998 — Delaware Code / Title 29 / Chapter 79 / Subchapter XI / Section 7998
§ Â
        7998. Purpose; application; definitions.
Status: in_force

(a) The purpose of this subchapter is to protect the safety and well-being of children who receive services from the Department of Health and Social Services by requiring individuals who visit children in their homes and in the community or have regular, direct access to children or adolescents under the age of 18 to submit to a criminal background check.

(b) All of the following individuals must submit to a criminal background check:

(1) A current employee, contractor, or volunteer of the Department who has not completed a criminal background check.

(2) A current employee of the Department who is seeking a promotion within the same program or another child-serving program.

(3) An individual seeking to become an employee, contractor, or volunteer of the Department.

(4) A current employee, contractor, or volunteer of the Department who the Department has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed or commencing work with the Department.

(5) All students volunteering for the Department, including those completing required clinical hours.

(c) As used in this subchapter:

(1) “Child Protection Registry” means as defined under § 921 of Title 16.

(2) “Criminal background check” means a report of an individual’s federal and state criminal history record from the Delaware State Bureau of Identification and the Federal Bureau of Investigation.

(3) “Conviction” or “convicted” means as defined under § 902 of Title 16.

(4) “Department” means the Department of Health and Social Services.

(5) “Direct access” means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one’s assigned duties.

(6) “Disqualifying criminal conviction” means those convictions set forth in § 309(d)(1) of Title 31 and the length of prohibition is the same as that set forth under that paragraph.

(d) This subchapter does not apply to individuals who are otherwise required by state or federal law or regulation to submit to a background check.
29 Del. C. § 5252 — Delaware Code / Title 29 / Chapter 52A / Section 5252
§ Â
        5252. Payment of premium or subscription charges.
Status: in_force

The State shall pay all premium or subscription charges for the full cost of providing coverage for the Disability Insurance Program.
29 Del. C. § 2702 — Delaware Code / Title 29 / Chapter 27 / Section 2702
§ Â
        2702. Office and records.
Status: in_force

The State Treasurer shall occupy the office and space provided by the State and shall keep therein all books of all account records, vouchers, papers, magnetic data and things pertaining to the conduct of the office and shall take proper means to safeguard and preserve the same.
29 Del. C. § 506 — Delaware Code / Title 29 / Chapter 5 / Subchapter I / Section 506
§ Â
        506. Delivery of records to successors.
Status: in_force

The custodian of any public records shall, at the expiration of the custodian’s term of office, appointment or employment, deliver custody and control of all public records kept or received by the custodian in the transaction of official business to the custodian’s successor, supervisor or records officer, or, if there be none, to the Delaware Public Archives.
29 Del. C. § 2520 — Delaware Code / Title 29 / Chapter 25 / Subchapter II / Section 2520
§ Â
        2520. Enforcement authority.
Status: in_force

(a) Among other powers, the Director shall have the authority to:

(1) Investigate matters that may reveal violations of Chapter 25 of Title 6 or other unlawful conduct;

(2) Issue cease and desist orders, either summarily or after a hearing;

(3) Seek administrative remedies for violations of the statutes the Division of Consumer Protection is charged to enforce;

(4) Initiate and prosecute civil or criminal actions related to the purposes of this chapter in any court of competent jurisdiction;

(5) Seek restitution, rescission, reformation of contract, recoupment, disgorgement of profits or any moneys improperly obtained, or otherwise prevent unjust enrichment against violators of this chapter and on behalf of consumers;

(6) Promulgate rules and regulations;

(7) Under the direction of the Attorney General, maintain and supervise the deposits and expenditures into and out of the Consumer Protection Fund;

(8) Hold fact-finding, rulemaking or adjudicative hearings and issue opinions, orders or reports based thereon; and

(9) Take any other lawful action to enforce the consumer protection statutes and to carry out their purposes.

(b) The scope of authority of the Director to initiate administrative proceedings or take civil enforcement action does not extend to matters within the jurisdiction of the Public Service Commission or of the Insurance Commissioner of the State, except for matters covered by § 1014 of Title 26, but only as they relate to community-owned energy generating facilities.
29 Del. C. § 8792A — Delaware Code / Title 29 / Chapter 87A / Subchapter IX / Section 8792A
§ Â
        8792A. Industrial Revenue Bond Committee.
Status: in_force

(a) There is hereby established the Industrial Revenue Bond Committee, to be composed of the Chairperson, the Secretary of Finance, a representative of the Delaware State Housing Authority and 1 representative each from Sussex County, New Castle County, Kent County and the City of Wilmington, appointed by each jurisdiction pursuant to those procedures deemed by such jurisdiction to be necessary and appropriate. The Chairperson shall be the Chairperson of the Committee.

(b) The Committee shall make recommendations to the Governor of the State regarding modification of the allocation of the state ceiling made in § 8791A(a) of this title. The Secretary of Finance shall be responsible for monitoring the volume of private activity bonds issued by each of the participating jurisdictions and for recommending to the Committee changes in the allocation of the state ceiling as circumstances dictate.

(c) The Committee shall meet at such times and in such places as its members determine to be appropriate for carrying out its functions and purposes. The Committee shall engage in other activities to promote the cooperation of jurisdiction on economic development projects within the State. The Secretary of Finance shall report to the Governor, the General Assembly and the Committee at the conclusion of each year on the projects financed with private activity bonds and on other matters as appropriate.
29 Del. C. § 2201 — Delaware Code / Title 29 / Chapter 22 / Section 2201
§ Â
        2201. Establishment of Governor-elect Transitional Fund.
Status: in_force

There is established in the General Fund a fund to be known and designated as the “Governor-elect Transitional Fund.” All moneys in the Governor-elect Transitional Fund are perpetually appropriated and dedicated for the purposes set forth in this chapter.
29 Del. C. § 5043 — Delaware Code / Title 29 / Chapter 50 / Subchapter II-B / Section 5043
§ Â
        5043. Reporting to the Governor and the General Assembly [Transferred].
Status: in_force

Transferred to § 8743A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 7935 — Delaware Code / Title 29 / Chapter 79 / Subchapter II / Section 7935
§ Â
        7935. Supremacy.
Status: repealed

All other laws or parts of laws now in effect inconsistent with this subchapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this subchapter.
29 Del. C. § 6001F — Delaware Code / Title 29 / Chapter 60F / Section 6001F
§ Â
        6001F. Definitions [For application of this section, see 84 Del. Laws, c. 407, Â 2].
Status: in_force

As used in this chapter:

(1) “Flag” means a Delaware state flag.

(2) a. “Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this State or of a county or municipality in this State, whether employed full or part-time, who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State. The sworn member must be a member of any of the following:

1. The Delaware State Police.

2. The New Castle County Police.

3. A police department, bureau, or force of an incorporated city or town in this State.

4. The Delaware River and Bay Authority Police.

5. The Capitol Police.

6. The Delaware State University Police Department.

7. The University of Delaware Police Division.

8. An agent of the State Division of Alcohol and Tobacco Enforcement.

9. An officer or agent of the State Police Drug Diversion Unit.

10. A state detective or special investigator of the Department of Justice.

11. An officer or agent of the Delaware Police Sex Offender Task Force, or an agent employed by a state, county, or municipal law-enforcement agency engaged in monitoring sex offenders.

12. A member of the Office of the State Fire Marshall.

13. A municipal fire marshal or a sworn member of the City of Wilmington Fire Department, either of which is a graduate of a Delaware Police Academy, or similar academy, which is accredited or authorized by the Police Officer Standards and Training Commission under Chapter 84 of Title 11.

14. A correction officer. “Correction officer” means an individual employed by the Department of Correction in a position responsible for supervising correctional officers in secured facilities or classified with a correctional officer job title.

15. A probation and parole officer. “Probation and parole officer” means an individual employed by the Department of Correction or the Department of Services for Children, Youth, and their Families, with the qualifications and having powers and responsibilities pertaining to investigation, supervision and otherwise, provided by law or determined by the Department of Correction or the Department of Services for Children, Youth and their Families, respectively.

b. “Law-enforcement officer” does not mean any of the following:

1. A sheriff, regular deputy sheriff, or constable.

2. A security force for a state agency or other governmental unit.

3. An individual holding police power by virtue of occupying another position or office.

(3) “Next of kin” means an individual who is the surviving spouse, partner, parent, or the individual legally entitled to the remains of a deceased person.

(4) “Person” means any of the following:

a. A volunteer or paid member of a fire department in this state.

b. A law-enforcement officer.

c. A uniformed member of the Delaware National Guard.
29 Del. C. § 3803 — Delaware Code / Title 29 / Chapter 38 / Section 3803
§ Â
        3803. Organization; quorum.
Status: in_force

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

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

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

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

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

(d) A majority of the membership of the Commission constitutes a quorum to conduct official business.
29 Del. C. § 8307 — Delaware Code / Title 29 / Chapter 83 / Subchapter I / Section 8307
§ Â
        8307. Division of the Treasury.
Status: in_force

(a) The Division of the Treasury is hereby established having powers, duties and functions as follows.

(b) The Division of the Treasury shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the State Treasurer, pursuant to Chapter 31 of Title 19 and Chapter 54 of Title 30.
29 Del. C. § 8709 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8709
§ Â
        8709. Assumption of powers.
Status: in_force

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Secretary of State, the Public Archives Commission and the State Archivist, the Lewes Memorial Commission, the Delaware Day Commission, the Portrait Commission and the Delaware Archaeological Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter.
29 Del. C. § 1003 — Delaware Code / Title 29 / Chapter 10 / Section 1003
§ Â
        1003. Legislative Ethics Committees.
Status: in_force

(a) The House and the Senate shall each establish an Ethics Committee which shall have the responsibilities assigned in this section with respect to the enforcement of this chapter and such other responsibilities as may be assigned by the House or the Senate as the case may be. Each Ethics Committee may, upon the request of a member, provide a written advisory opinion as to the application of this chapter to a particular situation. Any member who acts in good faith in reliance upon any such written advisory opinion shall not be subject to any disciplinary proceeding by the respective House with respect to the matters covered by the advisory opinion provided there was a full disclosure to the Ethics Committee of all facts necessary for the opinion. All proceedings before an Ethics Committee in connection with an advisory opinion shall be confidential, subject to the following:

(1) The legislator involved may waive the privilege of confidentiality;

(2) The proceedings shall no longer be confidential and may be made public in any subsequent disciplinary proceeding if the legislator acts in disregard of an advisory opinion; and

(3) Each Ethics Committee shall maintain records of its proceedings and advisory opinions which shall be available for reference by the Committee, subsequent Committees and their staff.

(b) Each Committee shall investigate allegations of violations of this chapter by the members of the respective House and shall make recommendations to the respective House with respect thereto. If in the course of any proceeding, advisory or investigative, the Committee shall become aware of any substantial evidence of a violation of any law involving legislative conduct subject to its jurisdiction it shall report the same to the appropriate federal or state authorities.
29 Del. C. § 6602C — Delaware Code / Title 29 / Chapter 66C / Section 6602C
§ Â
        6602C. Purpose.
Status: in_force

It is the intent of the General Assembly to establish a cost-effective and efficient way to protect minors who use computers in Delaware public libraries from viewing obscene or pornographic materials on the Internet.
29 Del. C. § 6607C — Delaware Code / Title 29 / Chapter 66C / Section 6607C
§ Â
        6607C. Liability.
Status: in_force

Libraries subject to this chapter and their staffs shall not be liable for inappropriate or unacceptable use of the Internet by library patrons.
29 Del. C. § 9014D — Delaware Code / Title 29 / Chapter 90D / Section 9014D
§ Â
        9014D. 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 of Human Resources or to any division or subdivision or office thereof, shall continue to exist with respect to such act or acts as hereafter performed by the Department of Human Resources 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. § 6061 — Delaware Code / Title 29 / Chapter 60A / Section 6061
§ Â
        6061. Employer contribution to qualified participants [Suspended effective July 1, 2008; see 85 Del. Laws, c. 62, Â 7(e)].
Status: in_force

Commencing January 1, 2001, and each pay period thereafter, an amount equal to 100 percent of the voluntary contribution of every qualified participant, not to exceed $10 per pay period, shall be credited to the § 401(a) [26 U.S.C. § 401(a)] account of each qualified participant making a voluntary deferral under the provisions of this chapter. The employer contribution shall be remitted each pay period by the State Treasurer from an appropriation authorized for this purpose.

Modifications to the match amount per pay period, percentage of contribution matched, number of pay periods per year to be matched and other fiscal and operational aspects of the program are contingent upon funding by the General Assembly and may be administered through rules and regulations promulgated by the Board and pursuant to § 401(a) of the Internal Revenue Code (26 U.S.C. § 401(a)).
29 Del. C. § 8217 — Delaware Code / Title 29 / Chapter 82 / Section 8217
§ Â
        8217. Definitions and references in other laws.
Status: in_force

(a) The Department shall succeed to the custody and control of all moneys and personal property held by the State Police Division of the State Highway Department, the Superintendent of the State Police, the Motor Vehicle Division of the State Highway Department and the Motor Vehicle Commissioner belonging to persons under their jurisdiction.

(b) 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 hereby transferred to the Department, be construed as referring and relating to the Department of Safety and Homeland Security as created and established herein.

(c) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created herein.
29 Del. C. § 5099 — Delaware Code / Title 29 / Chapter 50 / Subchapter VIII / Section 5099
§ Â
        5099. Revocation of qualification or certification [Transferred].
Status: in_force

Transferred to § 8799A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 7804 — Delaware Code / Title 29 / Chapter 78 / Section 7804
§ Â
        7804. Emergency interim successors for state officers.
Status: in_force

(a) All state officers shall do all of the following:

(1) Designate not less than 3 nor more than 7 emergency interim successors to the officer’s powers and duties. The emergency interim successors under this paragraph (a)(1) are in addition to the officer’s deputy.

(2) Specify the order of succession of the individuals selected under paragraph (a)(1) of this section.

(3) Review and revise the designations of emergency interim successors made under this chapter to ensure that at all times there are at least 3 qualified emergency interim successors.

(b) The power granted to state officers under subsection (a) of this section is subject to such regulations as the Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor may issue.

(c) A state officer’s designated emergency interim successor shall exercise the powers and discharge the duties of the officer’s office if all of the following apply:

(1) The officer is unavailable following an emergency event.

(2) The officer’s deputy is unavailable following an emergency event.

(d) An emergency interim successor shall exercise the powers and discharge the duties of a state officer’s office until 1 of the following occurs:

(1) The Governor under the Delaware Constitution or authority other than this chapter, or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor, where a vacancy exists, appoint a successor to fill the vacancy.

(2) A successor is otherwise appointed or elected and qualified as provided by law.

(3) An officer or the officer’s deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of the office.
29 Del. C. § 6512 — Delaware Code / Title 29 / Chapter 65 / Section 6512
§ Â
        6512. Order or requisition; necessity; form; approval; duplicates.
Status: in_force

(a) It shall be unlawful for any agency to create any indebtedness or incur any obligation for personal services, work or labor or for property, materials or supplies, except by written, printed or electronic requisition or order according to the form or format prescribed by the accounting manual unless specifically exempted therein and bearing the approval or approvals as prescribed by the accounting manual.

(b) The Secretary of Finance shall prepare the form of such orders or requisitions and shall provide a space or means to affix the approval or approvals necessary.

(c) It shall be a breach of duty for any officer to approve any order or requisition in blank and a violation of this subsection shall be a cause for removal from office.

(d) Whenever any agency shall make any order or requisition, such transaction shall be transmitted to the Division of Accounting as prescribed by the accounting manual.

(e) This section shall not apply to the Governor of this State nor to any judiciary department thereof.
29 Del. C. § 5255 — Delaware Code / Title 29 / Chapter 52A / Section 5255
§ Â
        5255. Disability program design and administration.
Status: in_force

The carrier selected pursuant to § 5254 of this title may determine the eligibility of a participating employee to receive short-term and/or long-term disability benefits. Such carrier shall also provide short-term and long-term disability benefits to eligible employees, and shall administer both the short and long-term disability programs established pursuant to this chapter. The Committee may adopt rules and regulations regarding proper administration of the disability program. Such rules shall include, but not be limited to, standards relating to the determination of disability; appeal procedures, requirements for medical or psychological examinations; the adjustment or termination of payments based on the mental or physical condition of the employee, and/or education, training, and experience of the employee. The disability program administrator’s performance shall be evaluated on an annual basis by the Committee.
29 Del. C. § 10211 — Delaware Code / Title 29 / Chapter 102 / Section 10211
§ Â
        10211. Criteria for full review.
Status: in_force

(a) Standard. — (1) In conducting a full review of an entity, the Committee shall assess the entity based on each of the following:

a. Whether the entity is meeting a genuine Delaware state need.

b. Whether the entity should and can be strengthened or supported so that it can perform correctly to meet its purpose.

(2) The genuine public need for an entity under full review and whether the entity is satisfactorily meeting that need is not assumed. The entity has the burden of showing, through the criteria for review under subsection (b) of this section, that there is a genuine public need and that the entity is meeting that need.

(b) Criteria for review. —

The criteria to conduct a full review of an entity are as follows:

(1) The purpose of the act establishing the entity and the manner of the entity’s operation designed to achieve the purpose.

(2) Whether it can be independently established, apart from information supplied by the entity or persons having a direct interest in the continued existence of the entity, that the termination of the entity would be detrimental to the public health, safety, or welfare, and whether a possibility exists that the termination would be beneficial to the public health, safety, or welfare.

(3) An assessment of less restrictive or other methods of achieving the stated objectives of the act establishing the entity and if those other methods provide as much protection to the public.

(4) Whether a law establishes a clear mandate to the entity and whether the entity has complied with the mandate, if any, in the best interests of the general public.

(5) Whether another program, activity, or entity has the same or similar objectives, and, if so, a comparison of the costs and effectiveness of that program, activity, or entity, and the identification of a duplicate program, activity, or entity with that of the entity under review.

(6) Whether, in the 3 years before the entity’s full review, the entity has recommended to the General Assembly only statutory changes of primary benefit to the public, or if the recommended changes were primarily of benefit to the entity or the occupation, business, or institution which the entity serves or regulates.

(7) The efficiency with which the entity meets its statutory objectives.

(8) Whether applications and formal public complaints filed with the entity have been processed effectively and fairly.

(9) Whether the entity has issued professional or occupational licenses only to qualified applicants, and whether the entity has unfairly restricted access to a person wishing to engage in a regulated business, occupation, or profession.

(10) The extent to which the entity has encouraged participation by the public in making an entity rule, regulation, or decision, as opposed to participation solely by those the entity regulates, and the extent to which public participation has resulted in a rule, regulation, or decision compatible with the objectives of the entity.

(11) Whether the entity has operated in an open and accountable manner with public access to records and meetings, and whether there are safeguards against possible conflicts of interests.

(12) Whether an entity’s provision or rule relating to ethical conduct, if any, is in fact limited to ethical or moral conduct, or if the provision or rule contains primarily commercial prohibitions and restrictions relating to profits, advertising, or another business topic.

(13) The extent to which the entity has complied with Chapters 58, 100, and 101 of this title; § § 6506, 6512, and 6519 of this title; and Section 8 of Article XV of the Delaware Constitution, or with the requirements of a law which is a direct successor to any of those listed in this paragraph (b)(13).

(14) A claimed impact as a result of federal intervention or loss of federal funds if the entity is terminated, the impact of which must be fully substantiated.

(15) Additional criteria that the Committee determines is appropriate or necessary to complete the entity’s full review.
29 Del. C. § 404 — Delaware Code / Title 29 / Chapter 4 / Subchapter I / Section 404
§ Â
        404. Title to lands; gift or sale of lands by City of Dover.
Status: in_force

(a) The title to the lands and premises acquired by purchase, gift or condemnation under this chapter shall be taken in the name of the State.

(b) In the case of lands and premises or easements owned by or held for the use of the City of Dover, the Council of such City may consent to the gift or sale thereof to the State, and a deed executed and acknowledged by the Mayor of the City and attested by the Clerk or Secretary of Council conveying to the State the lands and premises or the easements therein shall be deemed and held to vest in the State an absolute title in fee simple thereto.
29 Del. C. § 9018B — Delaware Code / Title 29 / Chapter 90B / Subchapter I / Section 9018B
§ Â
        9018B. Posting of fee lists.
Status: in_force

Every state row officer who keeps a public office shall post in some convenient and conspicuous place therein a printed or written list of the fees prescribed in this chapter, as they relate to the officer.
29 Del. C. § 9141 — Delaware Code / Title 29 / Chapter 91 / Subchapter IV / Section 9141
§ Â
        9141. Findings.
Status: in_force

The General Assembly finds that the coordination of the use and sharing of data and information among all levels of government is essential to the efficient and smooth provision of government services to the people of the State. It is the intent of this subchapter to:

(1) Ensure that geospatial data are maintained and published in such a manner that they are readily available to all appropriate data users to support state and local government functions;

(2) Promote the use and sharing of geospatial data and of geographic information system software and tools by state agencies and local governments;

(3) Establish standards for the appropriate publication of geospatial data and metadata; and

(4) Provide for a coordinated community of geospatial data providers and geospatial data users in Delaware.
29 Del. C. § 9022C — Delaware Code / Title 29 / Chapter 90C / Subchapter II / Section 9022C
§ Â
        9022C. Consistency with other code provisions.
Status: in_force

Nothing in this subchapter shall abridge public access to information available or permitted by any other provisions of the Delaware Code. Nothing in this subchapter shall authorize the disclosure of information the disclosure of which is prohibited or restricted by any other provisions of the Delaware Code.
29 Del. C. § 7929 — Delaware Code / Title 29 / Chapter 79 / Subchapter I / Section 7929
§ Â
        7929. Division for the Visually Impaired.
Status: repealed

(a) The Division for the Visually Impaired (“Division”) has the power, duties, and functions necessary to provide services for persons with blindness and persons with visual impairment, including the powers, duties, and functions under this section, Chapter 21 of Title 31, and Chapter 23 of Title 31 [repealed.].

(b) The Division may establish, monitor, and oversee the operation of business programs for the purpose of providing training and employment for Delaware residents who are visually impaired under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.). The business programs are known collectively as the “Business Enterprise Program” and may include vending, retail food services, meal preparation and distribution, concession stands, or other business programs that the Director of the Division may deem appropriate.

(1) The Division may promulgate rules and regulations to implement and operate the Business Enterprise Program. The rules and regulations must include provisions relating to participant eligibility, personnel management, fiscal controls, marketing plans, and enforcement of production quality standards.

(2) A participant in the Business Enterprise Program is not an employee of the Business Enterprise Program and may continue in the program only under the rules of the program. Each participant shall adhere to the rules and regulations that the Division promulgates.

(c) The Director of the Division is an exempt employee, and must be knowledgeable and skilled in the field of services to the visually impaired and responsive to the needs and concerns of that population.

(d) This State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112) (29 U.S.C. § 701 et seq.), as amended. The Department of Health and Social Services is a designated state agency, with the Secretary of the Department as the State Officer and the Division of the Visually Impaired as a designated state unit for all moneys from the Act that are designated for persons with visual impairment or persons with blindness. This is defined in a cooperative agreement dated December 1985 among the Department of Labor, Division for the Visually Impaired, and the Division of Vocational Rehabilitation. The Department of Health and Social Services shall cooperate with the United States Department of Education, Rehabilitation Services Administration, and, in accordance with all state laws, prepare the state plan and carry out the Rehabilitation Act of 1973 and its amendments.
29 Del. C. § 2510 — Delaware Code / Title 29 / Chapter 25 / Subchapter I / Section 2510
§ Â
        2510. Duty to appeal from an order of filiation.
Status: in_force

On appeal from an order of filiation, the Attorney General shall answer the appeal and conduct the case for the State.
29 Del. C. § 8052 — Delaware Code / Title 29 / Chapter 80 / Subchapter II / Section 8052
§ Â
        8052. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “Cost effective energy efficiency projects” means energy efficiency improvements including, but not limited to, wall, floor and ceiling/attic insulation, lighting and electrical upgrades, window replacements and HVAC tune-ups and replacements with a return on investment (ROI) of less than 3 years based upon materials and labor.

(2) “Customer” means any person that has constructed, purchased or leased Renewable Energy Technology and placed it in service in this State for the purpose of generating or receiving energy in this State, including the owner/operator of any building or facility, but not the occupants thereof, that supplies energy to the occupants of such building or facility.

(3) “Delaware benchmark price” shall have the meaning set forth in § 352 of Title 26.

(4) “Offshore wind contract” shall have the meaning set forth in § 352 of Title 26.

(5) “OSW solicitation requirements” shall mean the requirements for an offshore wind solicitation set forth in § 8056(d)(4) of this title.

(6) “Person” means and includes an individual, a trust, estate, partnership, limited liability company, association, company or corporation.

(7) “Qualified offshore wind project” shall have the meaning set forth in § 352 of Title 26.

(8) “Qualified purchasers” shall have the meaning set forth in § 352 of Title 26.

(9) “Renewable energy credit” ( “REC” ) shall have the meaning set forth in § 352 of Title 26.

(10) “Renewable energy technology” or “alternative energy technology” means and includes any of the following machinery, equipment, or real property:

a. Hydroelectric generators, located at existing dams or in free-flowing waterways, and related devices for water supply and control, and converting, conditioning, and storing the electricity generated;

b. Wind equipment, required to capture and convert wind energy into electricity or mechanical power, and related devices for converting, conditioning and storing the electricity produced;

c. Solar energy equipment, and related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy;

d. Geothermal heat pumps and geothermal heat pump systems;

e. Fuel cells and fuel cell systems; and

f. Biodiesel manufacturing facilities.

(11) “Solar energy equipment” means any equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, detoxification or the production of industrial or commercial process heat, and includes related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy.
29 Del. C. § 2312 — Delaware Code / Title 29 / Chapter 23 / Section 2312
§ Â
        2312. Record of newspaper publications.
Status: in_force

The Secretary of State shall make an entry in the Executive Register of every publication made by the Secretary in a newspaper stating the name of the paper.
29 Del. C. § 5303 — Delaware Code / Title 29 / Chapter 53 / Subchapter I / Section 5303
§ Â
        5303. Employment of pensioners.
Status: in_force

(a) (1) An individual shall not receive a service or disability pension under this chapter for any month during which such individual is an employee as defined in § 5302(b) of this title, nor may an individual receiving a service pension under this chapter be an employee as defined in §  5302(b) of this title for a period of 5 years from the date of retirement under this chapter, unless such individual is:

a. An official elected by popular vote at a regular state election;

b. An official appointed by the Governor; or

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

(2) An individual who has retired under this chapter or Chapter 55 of this title and who has been rehired by the Pension Office to work on the implementation of the Early Retirement Program shall not be subject to the earnings limitation as contained in paragraph (a)(1)c. of this section or § 5502(a)(3) of this title until December 31, 1992.

(b) An individual who has retired under this chapter shall not contract with the State for personal services, as an independent contractor, for a period of 5 years from the effective date of retirement, unless such individual qualifies for 1 of the exceptions contained in paragraphs (a)(1) and (a)(2) of this section.
29 Del. C. § 4822 — Delaware Code / Title 29 / Chapter 48 / Subchapter I / Section 4822
§ Â
        4822. Annual crime report.
Status: in_force

The State Lottery Office, with the assistance of the Attorney General’s Office and the Division of Gaming Enforcement, shall annually provide to the General Assembly a report detailing the crimes that occur within the communities surrounding each racetrack property, including an analysis of crimes relating to table gaming, whether in or outside the property of a video lottery facility.
29 Del. C. § 5106 — Delaware Code / Title 29 / Chapter 51 / Section 5106
§ Â
        5106. Employee salary deductions.
Status: in_force

(a) Upon receipt of written authorization from any state employee, the Secretary of Finance shall deduct from the employee’s salary such sum as the employee shall direct for state provided employee benefits. Effective upon the implementation of the new payroll system, deductions shall be in equal amounts and withheld from all paychecks received by the employee, with the exception of deductions for employee health, life and dental insurance premiums which shall be withheld from the first 2 paychecks received during any month. The Secretary of Finance will set forth rules of practice and procedure with regard to employee deductions.

(b) For employee salary deductions excluding state provided employee benefits: upon receipt of written authorization from any state employee, the Secretary of Finance shall deduct from the employee’s salary such sum as the employee shall in writing direct for deductions. Deductions shall be withheld from all paychecks received by the employee, with the exception of dues paid to the American Federation of State, County and Municipal Employees, which shall be withheld from the first 2 paychecks received during any month. The Secretary of Finance will set forth rules of practice and procedure with regard to deductions for employees.

(c) Subsection (b) of this section shall not be effective until implementation has been approved by the State Treasurer, Secretary of Finance, Director of the Office of Management and Budget and Controller General.

(d) Salary reductions voluntarily taken pursuant to subsection (b) of this section shall not affect the compensation used in the calculation of pension benefits under any state pension plan.
29 Del. C. § 10406 — Delaware Code / Title 29 / Chapter 104 / Section 10406
§ Â
        10406. Application of exemption.
Status: in_force

Whenever the results of such consideration by an agency indicate that it is lawful, desirable and feasible to exempt individuals and/or small businesses or to set lesser standards of compliance by individuals and/or small businesses, the agency shall issue a rule or regulation containing an appropriate exemption for such individual and/or small businesses or setting lesser standards for compliance by individuals and/or small businesses.
29 Del. C. § 6970 — Delaware Code / Title 29 / Chapter 69 / Subchapter IV / Section 6970
§ Â
        6970. Open-end contract process for highway construction and reconstruction.
Status: in_force

(a) Legislative findings. — The General Assembly finds that certain market conditions, including but not limited to a diminished number of available private contractors and/or limits on competitive pricing opportunities for basic materials, can impede the State’s ability to complete its highway construction and reconstruction projects on a timely and useful schedule. Under these circumstances, the General Assembly finds that the limited use of an open-end contract process for such work may enable the Department of Transportation to meet its capital improvement schedules despite these impediments.

(b) Notwithstanding any portion of this chapter to the contrary, the Department of Transportation is hereby authorized to use an open-end contract process for highway construction and reconstruction projects, under the following terms and conditions:

(1) As used herein, “open-end contract” means a contract for highway construction and reconstruction work to be performed for a defined period of time, not to exceed 3 years, in which the Department may designate 1 or more locations for highway construction and reconstruction projects to be completed during the contract period, and in which the payments for the work to be performed at such locations are calculated based on a unit price/item basis during the contract period.

(2) The Department shall limit the use of this contract process to no more than 25% of its total authorized capital improvement budget for the applicable fiscal year or years, in order to provide adequate alternative contracting opportunities for those seeking to work on other Departmental highway construction and reconstruction projects.

(3) The Department may award open-end contracts to more than 1 firm, for work anywhere within the State, as it deems necessary.

(4) In all other respects, the award and execution of open-end contracts shall be deemed to have complied with the provisions of this subchapter.
29 Del. C. § 6401 — Delaware Code / Title 29 / Chapter 64 / Section 6401
§ Â
        6401. Intent.
Status: in_force

The intent of this chapter is to establish the policies and procedures for implementation of the Budget Appropriation Bill.
29 Del. C. § 9125 — Delaware Code / Title 29 / Chapter 91 / Subchapter II / Section 9125
§ Â
        9125. Farm residences.
Status: in_force

No impact fees adopted pursuant to this subchapter shall be imposed on a primary residence constructed on a parcel of land zoned as farmland and actively devoted to farming, provided that the individuals living in the residence use it as their primary residence, and either:

(1) Are actively farming the land; or

(2) Are relatives of the owners of the parcel of land.
29 Del. C. § 328 — Delaware Code / Title 29 / Chapter 3 / Section 328
§ Â
        328. State tall ship.
Status: in_force

The ship Kalmar Nyckel is designated the official tall ship of Delaware.
29 Del. C. § 4866 — Delaware Code / Title 29 / Chapter 48 / Subchapter III / Section 4866
§ Â
        4866. Powers and duties of the Director.
Status: in_force

(a) The Director shall promulgate regulations to implement the provisions of and effectuate the policy and objectives of this subchapter as the Director may deem necessary or advisable, including the development of the initial form of the application for registration. Such regulations shall provide for the registration and operation of contests in Delaware and shall include, without limitation, responsible protections with regard to compulsive play and safeguards for fair play. Such regulations may regulate the conduct and operation of contests and platforms, protect contestants and promote the fairness, honesty and integrity of contests. Provided, however, the Director shall not promulgate resolutions or limitations addressing any of the following:

(1) Rules or the administration of an individual game or contest.

(2) The statistical makeup of a game or contest.

(3) The digital platform of a platform operator.

(b) The Director shall have the following powers and duties for purposes of administrating, regulating, and enforcing the provisions of this subchapter:

(1) All powers and duties assigned by this subchapter, as well as all powers necessary and properly to fully and effectively execute this subchapter.

(2) To approve and deny applications for registration to conduct contests in Delaware state, and to suspend, refuse to renew, or revoke any registration issued to a registrant under this subchapter.

(3) To review each platform and contest offered by an operator or registrant.

(4) To accept and investigate complaints of any kind from an authorized player and attempt to mediate such complaints where appropriate.

(5) To investigate alleged violations of this subchapter.

(6) To initiate proper enforcement proceedings where such action is deemed by the Director to be necessary or appropriate.

(7) All powers and duties assigned by this subchapter.
29 Del. C. § 10207 — Delaware Code / Title 29 / Chapter 102 / Section 10207
§ Â
        10207. Entity self-report.
Status: in_force

(a) Self-report for full review. —

An entity under full review shall forward to committee staff a self-report that includes all of the following information:

(1) A chart or diagram showing the greater entity of which it is a part, if any, and each entity over which it has jurisdiction.

(2) Entity goals and objectives, and the statutory authority, if any, for the goals and objectives.

(3) Each entity program that has existed for at least 1 year immediately before the date of the self-report.

(4) The total value of state funds or materials, or both, that the entity used for each of the 5 fiscal years immediately before the date that the Committee selects the entity for review.

(5) A listing of each provision in the Delaware Code from which the entity derives its rights, duties, or functions.

(6) The last 5 budget reports or similar documents for the period immediately before the date of the self-report, relating to each program priority, activity, or accomplishment.

(7) A concise and specific statement describing the performance or achievement of the entity relating to the criteria for review under § 10211 of this title.

(8) Additional information that the Committee or its staff may request, including a record, document, or file over which the entity has custody or jurisdiction, if the additional information is available.

(9) Summary and results related to each past, upcoming, or ongoing audit of the entity, including each completed audit report from the 5 fiscal years immediately before the date of the self-report.

(10) Each annual report the entity has published during the 5 fiscal years immediately before the self-report.

(b) Self-report for focused review. —

Subject to paragraph (f)(2) of this section, an entity under focused review shall forward to committee staff a self-report that includes the information under subsection (a) of this section that the staff requests of the entity.

(c) Date self-report is due. —

An entity under full review or focused review shall submit a self-report to committee staff not later than the date the staff establishes based on the Committee’s needs.

(d) Updates to self-report. —

An entity under full review or focused review shall provide committee staff with updates, if any, to the information required under this section throughout the review.

(e) The full review or focused review process continues regardless of an entity’s cooperation with the review.

(f) Committee staff duties relating to self-report. —

Committee staff shall do all of the following:

(1) Provide an entity under full review or focused review a template for the self-report, instructions for completing the self-report, and a date by which the self-report is due.

(2) Based on the scope of a focused review, as determined under § 10212(b)(3) of this title, committee staff shall determine which of the categories of information listed under subsection (a) of this section are appropriate for the focused review and include only those categories in the template staff provides an entity under paragraph (f)(1) of this section.

(3) Make the self-report available to the public after committee staff reviews the self-report for completeness and, if appropriate, provides the entity an opportunity to submit additional information, but not later than the date of the Committee’s initial public hearing relating to the entity.
29 Del. C. § 8234 — Delaware Code / Title 29 / Chapter 82 / Section 8234
§ Â
        8234. Division of the Office of Highway Safety.
Status: in_force

The Division of the Office of Highway Safety is established and shall be responsible for the performance of all the powers, duties and functions vested in the Division of the Office of Highway Safety pursuant to Chapter 49 of this title.
29 Del. C. § 9021C — Delaware Code / Title 29 / Chapter 90C / Subchapter II / Section 9021C
§ Â
        9021C. Exceptions.
Status: in_force

Notwithstanding § 9020C of this title, a state agency may disclose personal information if the disclosure is:

(1) Necessary to perform the specific statutory duties of the state agency that collected or is collecting the personal information, or required by state or federal law or regulation;

(2) Made pursuant to a court order or by law; or

(3) If the information is used solely for statistical purposes and is in a form that cannot be used to identify any particular person.
29 Del. C. § 5808 — Delaware Code / Title 29 / Chapter 58 / Subchapter I / Section 5808
§ Â
        5808. State Public Integrity Commission; establishment, membership, offices.
Status: in_force

(a) The State Ethics Commission is hereby renamed and reestablished as the State Public Integrity Commission to assume the functions of the State Ethics Commission and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.

(b) The Commission shall consist of 7 members appointed by the Governor with the concurrence of the Senate. Not more than 4 members shall be registered with the same political party. No member shall hold any elected or appointed office under the government of the United States or the State or be a candidate for any such office. No member shall hold any political party office or an office in any political campaign. Members of the Commission may be removed by the Governor, with the concurrence of the Senate, for substantial neglect of duty, gross misconduct in office or violation of this chapter.

(c) A member of the Commission shall be appointed for a term of office of 7 years and until a successor has been appointed and has qualified, except that initially the Commission shall consist of the members of the former State Ethics Commission as of July 15, 1994, and said members shall serve the remaining portion of their terms and until their successors have been appointed and have qualified. No member shall serve for more than 1 full 7-year term. When a vacancy occurs in the membership of the Commission, it shall be filled by appointment for the unexpired portion of the term in the same manner as original appointments.

(d) The Commission shall elect a chairperson from among its membership. Four members of the Commission shall constitute a quorum and, if a quorum is present, a vacancy on the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission. Disciplinary hearings may be conducted and sanctions may be imposed only by the affirmative action of at least 4 members. Otherwise the Commission may delegate authority to the chairperson to act for the Commission between meetings.

(e) Each member of the Commission shall be compensated at the rate of $100 for each day devoted to the performance of official duties. Each member of the Commission shall be reimbursed for reasonable and necessary expenses incurred in the performance of official duties.

(f) The principal office of the Commission shall be in Dover but it may meet, and exercise its power, at any other place in the State.
29 Del. C. § 9314 — Delaware Code / Title 29 / Chapter 93 / Section 9314
§ Â
        9314. Eminent domain.
Status: in_force

Nothing contained in this chapter shall be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on May 27, 1972, and the payments authorized by this chapter are to be in addition to the just compensation established in such proceedings, but only to the extent they are not otherwise included in the condemnation award.
29 Del. C. § 4705 — Delaware Code / Title 29 / Chapter 47 / Section 4705
§ Â
        4705. Office and equipment.
Status: in_force

The Division of Forensic Science shall be maintained in a suitable place or places which shall be designated by the Secretary of the Department of Safety and Homeland Security. The Department of Safety and Homeland Security shall provide or arrange for proper and necessary equipment for use of the staff of the Division of Forensic Science.
29 Del. C. § 2704 — Delaware Code / Title 29 / Chapter 27 / Section 2704
§ Â
        2704. Trustee of School Fund.
Status: in_force

The State Treasurer shall, by virtue of the office, be the Trustee of the School Fund.
29 Del. C. § 8708 — Delaware Code / Title 29 / Chapter 87 / Subchapter I / Section 8708
§ Â
        8708. Exemptions.
Status: in_force

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

(1) Secretary of State;

(2) Assistant to the Secretary of State;

(3) Director of Corporations;

(4) State Bank Commissioner;

(5) Director of Division of the Arts;

(6) Director of Libraries;

(7) Director of the Division of Human and Civil Rights.

(8) Director of Historical and Cultural Affairs;

(9) State Archivist and Records Administrator;

(10) Executive Director of the Public Employment Relations Board;

(11) Director of Professional Regulation;

(12) Director of the Public Service Commission; and

(13) Public Advocate.
29 Del. C. § 332 — Delaware Code / Title 29 / Chapter 3 / Section 332
§ Â
        332. State dinosaur.
Status: in_force

The Dryptosauridae is designated the official dinosaur of this State.
29 Del. C. § 9007C — Delaware Code / Title 29 / Chapter 90C / Subchapter I / Section 9007C
§ Â
        9007C. Chief Information Officer.
Status: in_force

(a) The administrator and head of the Department is this State’s CIO.

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

(2) The CIO is to receive an annual salary as determined by the General Assembly in the annual appropriations act.

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

(b) In the event of a vacancy in the position of CIO, including the death, resignation, temporary incapacity, or removal of the CIO, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as acting CIO.
29 Del. C. § 5016 — Delaware Code / Title 29 / Chapter 50 / Subchapter I / Section 5016
§ Â
        5016. Reports [Transferred].
Status: in_force

Transferred to § 8716A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act.
29 Del. C. § 8783 — Delaware Code / Title 29 / Chapter 87 / Subchapter II / Section 8783
§ Â
        8783. Executive Director.
Status: in_force

An Executive Director shall be selected by a majority vote of the Board. The Executive Director shall be experienced in port or transportation-related management and shall be the principal executive officer of the Corporation. The Executive Director shall be an employee of the Corporation, and the compensation of the Executive Director shall be established by the Board. The Executive Director shall serve at the pleasure of the Board.
29 Del. C. § 5569 — Delaware Code / Title 29 / Chapter 55A / Subchapter II / Section 5569
§ Â
        5569. Retirement option.
Status: in_force

When a member applies for a pension, he or she shall choose either a unified pension or an ordinary pension.
29 Del. C. § 9103 — Delaware Code / Title 29 / Chapter 91 / Subchapter I / Section 9103
§ Â
        9103. Comprehensive Plan Review and Certification Process.
Status: in_force

(a) The comprehensive plan review and certification process is intended to compare planning goals and development policies among levels of government for the purpose of attaining compatibility and consistency among the interests of state, county and municipal governments. Plan review and certification are necessary to properly address potential burdens on the state government for future infrastructure and public services caused by local land use actions.

(b) Comprehensive plans and amendments or revisions thereto are subject to the provisions of § 9203 of this title. The Office of State Planning Coordination, in addition to soliciting state agency comments as provided therein, shall, within the 20-working-day review period provided in § 9204(d) of this title, also conduct a review and comparison of the proposed county or municipal comprehensive plan or amendment or revision with state goals, policies and strategies. The Office of State Planning Coordination shall prepare a report:

(1) Documenting the degree to which the county or municipal comprehensive plan has incorporated the State’s goals, policies, and strategies;

(2) Including a detailed list of findings, recommendations and objections, including adverse fiscal impacts;

(3) Identifying improvements, revisions or other actions desired to address and resolve inconsistencies;

(4) Setting forth a timetable and process for negotiations with the county or municipality for achieving consistency.

The state review shall include an assessment of the potential fiscal impacts of the proposed county or municipal comprehensive plan as they relate to state-funded infrastructure and services, including but not limited to transportation, water and sewer systems, public schools, affordable housing, and public safety. The State’s review shall be based on such statewide land development goals, policies and criteria as may have been adopted by the Governor or Cabinet Committee on State Planning Issues, or as set forth in state law or regulation, or in provisions of the State’s most recent capital budgets.

(c) Proposed comprehensive plans or amendments or revisions thereto will be shared with other potentially impacted jurisdictions and the Office of State Planning Coordination will provide for such review and comment, pursuant to the provisions of § 9204 of this title. Other jurisdictions desiring to comment on any inconsistencies with a county or municipal comprehensive plan shall do so by an official action of said government setting forth the nature of any inconsistencies, concerns, issues, conflicts, agreement and recommended revisions.

(d) Should the Office of State Planning Coordination make objection to any proposed comprehensive plan or amendments or revisions thereto, then the Office of State Planning Coordination shall immediately enter into negotiation with the county or municipality in an attempt to solicit agreement and resolution. Any agreements reached during these negotiations shall be incorporated into the public record and considered by the governing body prior to final action on the comprehensive plan. If the Office of State Planning Coordination and the county or municipality fail to reach agreement after a period of 45 days, the Office of State Planning Coordination shall report the extent of agreement and areas of continued disagreement to the Cabinet Committee on State Planning Issues for dispute resolution.

(e) For municipal comprehensive plans, the Office of State Planning Coordination shall submit a final comprehensive plan report and recommendation to the Governor or designee for certification. The Governor may designate the State Planning Coordinator as the designee, and may prescribe any policies and procedures deemed necessary to allow municipal plans to be certified by the Office of State Planning Coordination provided that the plan, amendment, update or revision thereto is found to be consistent with state goals, policies and strategies, and not in conflict with plans of other jurisdictions. If there is a finding that such a plan, amendment, revision or update is inconsistent or if there is a dispute, the report and the plan are to be forwarded to the Cabinet Committee for State Planning Issues and shall follow the same process as for the certification of county plans. For county comprehensive plans, the Office of State Planning Coordination shall submit a final comprehensive plan report and recommendation to the Cabinet Committee on State Planning Issues. The Cabinet Committee shall consider the report submitted by the Office of State Planning Coordination, appropriate state land development goals and strategies, comments submitted by any impacted jurisdiction and such other information as it may determine to be appropriate and in the public interest. The Cabinet Committee may, in its discretion, conduct a public hearing on the proposed comprehensive plan or amendment or revision thereto, except that no hearing shall be held if the proposed plan, amendment, update or revision thereto is found to be consistent with the state goals, policies and strategies, and not in conflict with plans of other jurisdictions. Within 45 days of the receipt of the report from the Office of State Planning Coordination, the Cabinet Committee shall issue its findings and recommendations, and shall submit the proposed plan to the Governor or designee for certification. The State Planning Coordinator may not be the designee for the review and certification of county plans.

(f) Within 20 days of receipt of the findings and recommendations from the Cabinet Committee, the Governor shall certify the comprehensive plan or return the comprehensive plan to the municipality or county for revision. The municipality or county shall have the right to accept or reject any or all of the recommendations. The final decision on the adoption of the comprehensive plan is that of the municipality or county.
29 Del. C. § 610 — Delaware Code / Title 29 / Chapter 6 / Section 610
§ Â
        610. Prohibiting the denial of an application for a license solely on immigration or citizenship status.
Status: in_force

(a) The General Assembly hereby finds and declares all of the following:

(1) It is in the best interests of this State to make full use of the skills and talents of every resident of this State.

(2) It is the public policy of this State that each resident of this State, regardless of immigration or citizenship status, is eligible to receive the benefit of applying for a license, certificate, or permit pursuant to 8 U.S.C. § 1621(d).

(b) For purposes of this section,

(1) “Application” means an application for issuance or renewal of any license, permit, certificate, approval, registration, or other similar form of permission or authorization to practice or engage in any profession, occupation, or business of any commission, board, or agency.

(2) “Social Security number exemption attestation” means a signed statement from the applicant stating that if the applicant obtains a Social Security number in the future, the applicant will update their application with that Social Security number.

(3) “State” means any agency, authority, department, instrumentality, commission, office, board, or other unit of this State’s government authorized by law to issue a professional license, permit, certification, approval, or registration necessary to engage in any profession, occupation, or business of any commission, board, or agency.

(c) Notwithstanding any other law or regulation, the State may not deny an application because of the applicant’s immigration or citizenship status.

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

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

b. Complete a Social Security number exemption attestation.

(2) A Social Security number or alternative personally-identifying number provided in an application is confidential and is not a public record for the purposes of Chapter 100 of this title. The State may not disclose that Social Security number or alternative personally-identifying number, except for the following purposes:

a. Tax purposes.

b. Licensing purposes.

c. Enforcement of an order for the payment of child support.
29 Del. C. § 2112 — Delaware Code / Title 29 / Chapter 21 / Section 2112
§ Â
        2112. Special powers in case of extreme fire hazard; penalty.
Status: in_force

(a) The Governor may, by proclamation, upon the recommendation of the State Forester of the existence of extreme wild fire hazard under conditions of drought or other conditions or situations creating a fire hazard detrimental to the public interest, declare, designate and establish definite areas within which it shall be unlawful, during the period covered by the proclamation, to set fire to or in any manner cause to be set on fire any marsh, woods, cuttings of forest growth, leaves, grass or other material or to kindle a camp fire or have any out-of-door fire. The Governor may also, by proclamation, suspend any open hunting season of wildlife under the above conditions within any designated areas.

(b) Any such proclamation shall be in full force and effect at the expiration of 24 hours after public notice is given in the manner the Governor shall determine and shall remain in full force until rescinded by the Governor.

(c) Whoever violates this section shall be fined not less than $25 nor more than $100, or imprisoned not less than 30 days nor more than 90 days, or both.
29 Del. C. § 9019C — Delaware Code / Title 29 / Chapter 90C / Subchapter II / Section 9019C
§ Â
        9019C. Disclosure of agency privacy policies.
Status: in_force

Each state agency shall post its internet privacy policy on its website. Such posting shall include a conspicuous and direct link to such privacy policy. The policy shall also be made available at no charge to other public and private entities.
29 Del. C. § 1101 — Delaware Code / Title 29 / Chapter 11 / Subchapter I / Section 1101
§ Â
        1101. Creation of Legislative Council; composition.
Status: in_force

There is created a Legislative Council which shall be composed of 10 members of the General Assembly as follows:

(1) From the Senate: The President Pro Tem, the Majority Leader, the Minority Leader, 1 member appointed by the President Pro Tem and 1 member appointed by the Minority Leader.

(2) From the House: The Speaker of the House, the Majority Leader, the Minority Leader, 1 member appointed by the Speaker and 1 member appointed by the Minority Leader.
29 Del. C. § 6436 — Delaware Code / Title 29 / Chapter 64 / Section 6436
§ Â
        6436. Delaware Health Statistics Program.
Status: in_force

Section 1 of the Budget Appropriation Bill provides an appropriation in appropriated special funds and 3 positions in health planning (35-01-30) for the purpose of operating a Delaware Health Statistics Program which would collect, maintain and analyze health-related data to assist the health community in planning, administering and evaluating the quality, quantity and appropriate combination of health services.

Revenues for the purpose of funding this Program shall be derived from the sale of copies of vital statistics records for birth, death and marriage certificates and shall be deposited in a holding account. In February 1986, the Department of Health and Social Services, under a separate provision, raised the fee for such records. Notwithstanding the provisions of § 6102 of this title and § 3132 of Title 16, the Internal Program Unit shall be allowed to retain and expend only the portion of the fee above the amount of $2.50 per copy up to the appropriation limit. The balance shall continue to be deposited to the General Fund.
29 Del. C. § 8757A — Delaware Code / Title 29 / Chapter 87A / Subchapter VII / Section 8757A
§ Â
        8757A. Covenants with bondholders.
Status: in_force

(a) The Authority shall have the power to covenant and to agree with the holders of bonds in order to secure the payment of such bonds, as to:

(1) The custody, security, use, expenditure, investment or application of the proceeds of bonds;

(2) The use, regulation, operation, maintenance, insurance or disposition of all or any part of any project;

(3) The payment of the principal, premium, if any, and interest on bonds, the sources and methods of payment thereof, the rank or priority of any such bonds as to any lien or security or the acceleration of the maturity of any such bonds;

(4) The use and disposition of any moneys of the Authority, including all revenues;

(5) The mortgage, pledge, assignment or deposit of all or any part of the revenues or other moneys of the Authority or of all or any part of a project to secure the payment of the principal, premium, if any, and interest on bonds, and the powers and duties of any trustee or agent with regard thereto;

(6) The segregation of revenues or other moneys of the Authority into reserves and sinking funds, and the source, custody, investment, security, regulation, application and disposition thereof;

(7) The rents, fees or other charges for the use of any project, including any parts, replacements or improvements thereafter constructed or acquired, and the fixing, establishment, collection and enforcement of the same;

(8) Any limitation on the issuance of additional bonds or on the incurrence of indebtedness of the Authority;

(9) Any vesting in a trustee or trustees, fiscal or escrow agent or agents, within or without the State, or such property, rights, powers and duties as the Authority may determine, and any limitation on the rights, duties and powers of such trustee or agent;

(10) The payment of costs or expenses incident to the enforcement of the bonds, the resolution or any covenant or contract with the holders of bonds;

(11) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given or evidenced; or

(12) Any other matter or course of conduct which, by recital in a resolution, is declared to secure further the payment of the principal, premium, if any, or interest on bonds.

(b) All such provisions of a resolution and all such covenants and agreements shall constitute valid and legally binding contracts between the Authority and the several holders of bonds to which they relate, regardless of the time of issuance of such bonds.
29 Del. C. § 5533 — Delaware Code / Title 29 / Chapter 55 / Subchapter II / Section 5533
§ Â
        5533. Adjustment of benefits.
Status: in_force

(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment.

(b) The amount of any pension which became effective before 1971 shall be the greater of:

(1) The monthly pension paid in December, 1970;

(2) The correct amount determined as a result of audits made between May, 1971, and June, 1972, inclusive of any increases provided before 1972.

(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June, 1972, shall not be subject to recovery.

(d) If the final average compensation of an employee has been reduced because of a leave of absence resulting from presidential determinations to augment active forces, such employee shall have their final average compensation adjusted by their amount of military compensation. This adjustment will be no greater then what the employee would have received had they remained in employment for the period of leave. The employee will contribute 3% of the amount that was adjusted. Any remaining cost associated with the adjustment will be transferred from the Special Pension Fund authorized by 61 Del. Laws, c. 455.

(e) Any reduction in a state employee’s salary, mandated as part of the Fiscal Year 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and implemented during Fiscal Year 2010, shall not be used when computing an employee’s final average compensation. Rather, the state employee’s base salary as of June 30, 2009, shall be used in calculating the employee’s final average compensation as defined in § 5501(g) of this title.
29 Del. C. § 2101 — Delaware Code / Title 29 / Chapter 21 / Section 2101
§ Â
        2101. Salary.
Status: in_force

The annual salary of the Governor shall be $107,000, commencing with the day of inauguration.
29 Del. C. § 7309 — Delaware Code / Title 29 / Chapter 73 / Section 7309
§ Â
        7309. Granting of waivers.
Status: in_force

(a) Upon written application setting forth good and sufficient reason, the Board may grant a waiver from this chapter and the Board’s standards.

(b) Such application shall specify the facts relating to the request for the waiver. Any waiver granted by the Board shall be in writing and shall specify the Board’s reason for granting the waiver.