reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8417. Budgeting and financing.

§ 8417. Budgeting and financing.
(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. 1953, §  8416;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8418. Supremacy.

§ 8418. Supremacy.
All other laws, or parts of laws, now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended as far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. 1953, §  8418;  57 Del. Laws, c. 671, §  15;  60 Del. Laws, c. 503, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8420. Division of Motor Vehicles.

§ 8420. Division of Motor Vehicles.
The Division of Motor Vehicles is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
(1) The State Highway Department, the State Highway Commission, the Motor Vehicle Department and the Motor Vehicle Commissioner, pursuant to Chapters 1, 3, 7, 21, 23, 25, 27, 29, 41-44, 61, 63, 65 [repealed], 67, 80 [repealed], and 81 of Title 21;
(2) The Reciprocity Commission pursuant to Chapter 4 of Title 21. The Secretary of Transportation shall have the authority to make any necessary agreements pursuant thereto;
(3) The Motor Vehicle Commissioner pursuant to Chapter 45 of Title 21, except §§ 4504 and 4505 of Title 21; and
(4) The Department of Public Safety, Division of Motor Vehicles.
74 Del. Laws, c. 110, §  134;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8421. Community Transportation Fund reporting requirement.

§ 8421. Community Transportation Fund reporting requirement.
(a) Beginning on January 1, 2021, the Secretary shall publish on the Department's website the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund, separated by fiscal year and beginning with transaction history information for fiscal year 2021.
(b) The transaction history for each member of the General Assembly must include all of the following:
(1) The amount of money in the member's Community Transportation Fund account at the start of a given fiscal year.
(2) The amount allocated to the member's Community Transportation Fund account in a given fiscal year.
(3) The amount of any transfer of funds to or from the member's Community Transportation Fund account in a given fiscal year.
(4) The amount, purpose, and location of each expenditure authorized by the member on a project in a given fiscal year.
(c) The Secretary shall update the transaction history for each member of the General Assembly every 3 months.
82 Del. Laws, c. 135, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8501. Establishment of Department of Labor.

§ 8501. Establishment of Department of Labor.
A Department of Labor is established, and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
(1) The Department of Labor and Industrial Relations pursuant to Chapters 1 and 13 of Title 19, except as provided in § 8513 of this title;
(2) The Delaware State Development Department pursuant to subsection (b) of § 8632 [repealed] of this title, only;
(3) The Employment Security Commission of Delaware pursuant to Chapters 31 and 33 of Title 19, not otherwise specifically assigned to an office, division or board in the Department.
29 Del. C. 1953, §  8501;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8502. Secretary; division directors; Acting Secretary; appointment.

§ 8502. Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of the Department of Labor, who shall be a person qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $28,000. The Secretary of the Department of Labor shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor, and upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the director of any division of the Department to serve as Acting Secretary. The Secretary may, during the absence from the State, appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. 1953, §  8502;  57 Del. Laws, c. 571, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8504. Office of Administration.

§ 8504. Office of Administration.
(a) The Office of Administration is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting administrative services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 of Title 19.
(b) In addition to the foregoing, the Office of Administration shall administer and coordinate the record keeping, transportation, fiscal affairs, data processing, accounting, statistics, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and shall coordinate such general services and business administration with other departments, agencies and offices of the government of this State.
29 Del. C. 1953, §  8504;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8505. Office of Planning, Research and Evaluation.

§ 8505. Office of Planning, Research and Evaluation.
(a) The Office of Planning, Research and Evaluation is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting statistical research and analysis regarding employment and unemployment heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 of Title 19.
(b) In addition to the foregoing, the Office of Planning, Research and Evaluation shall provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department.
29 Del. C. 1953, §  8505;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8506. Division of Employment Services.

§ 8506. Division of Employment Services.
The Division of Employment Services is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting employment services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 (except for § 3155 [repealed] of Title 19 which shall be vested in the Department of Finance and the Department of Administrative Services as provided by law) and 33 of Title 19.
29 Del. C. 1953, §  8506;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8508. Division of Unemployment Insurance.

§ 8508. Division of Unemployment Insurance.
(a) The Division of Unemployment Insurance is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting unemployment insurance services heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties pursuant to Chapters 31 and 33 (except as set forth in § 8509 of this title) of Title 19.
(b) The administrative, ministerial, fiscal and clerical functions heretofore performed by the Employment Security Commission of Delaware in the exercise of its powers and duties as a review board, pursuant to Chapters 31 and 33 of Title 19, shall be performed by the Division of Unemployment Insurance.
29 Del. C. 1953, §  8508;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8509. Unemployment Insurance Appeal Board.

§ 8509. Unemployment Insurance Appeal Board.
(a) The Employment Security Commission of Delaware, created by Chapter 31 of Title 19, is renamed the Unemployment Insurance Appeal Board and continued as a review board.
(b) Except as otherwise provided in § 8508(b) of this title, the Unemployment Insurance Appeal Board is vested with the membership, remuneration, organization, powers, duties and functions heretofore vested in the Employment Security Commission in its capacity as a review board, with the power to hear appeals from the decisions of appeal tribunals as that power heretofore existed respecting decisions of appeal tribunals pursuant to Chapters 31 and 33 of Title 19. The right of appeal from determinations of the Employment Security Commission heretofore existing pursuant to law is continued respecting appeals from determinations of the Unemployment Insurance Appeal Board.
29 Del. C. 1953, §  8509;  57 Del. Laws, c. 571, §  1;  75 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8510. Division of Industrial Affairs.

§ 8510. Division of Industrial Affairs.
(a) The Division of Industrial Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
(1) The Department of Labor and Industrial Relations, the Labor Commission, the State Child Labor Inspector, the Labor Inspector and the State Mediation Service pursuant to Chapters 1 (except § 104 of Title 19) and 5 of Title 19;
(2) The Department of Labor and Industrial Relations and the State Apprenticeship and Training Council pursuant to Chapter 2 of Title 19;
(3) The Labor Commission of Delaware and the Division Against Discrimination pursuant to Chapter 7 of Title 19;
(4) The Department of Labor and Industrial Relations pursuant to Chapters 8, 9 and 11 of Title 19.
(b) The administrative, ministerial, fiscal and clerical functions of the Industrial Accident Board, set forth in Chapter 23 of Title 19, shall be performed by the Division of Industrial Affairs.
29 Del. C. 1953, §  8510;  57 Del. Laws, c. 571, §  1;  71 Del. Laws, c. 84, §  27;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8511. Industrial Accident Board.

§ 8511. Industrial Accident Board.
(a) The Industrial Accident Board, created by Title 19, is continued.
(b) Except as otherwise provided in § 8510(b) of this title, the Industrial Accident Board is vested with the membership, remuneration, organization, meetings, powers, duties and functions heretofore vested in the Industrial Accident Board by law, including jurisdiction of all cases arising under Chapter 23 of Title 19. The right of appeal from determinations of the Industrial Accident Board heretofore existing pursuant to law is hereby continued.
29 Del. C. 1953, §  8511;  57 Del. Laws, c. 571, §  1;  71 Del. Laws, c. 84, §§  28, 29;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8513. Division of Vocational Rehabilitation.

§ 8513. Division of Vocational Rehabilitation.
(a) The Division of Vocational Rehabilitation is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions respecting vocational rehabilitation heretofore vested in the State Board for Vocational Education/Rehabilitation Division pursuant to Chapter 33 of Title 14.
(b) In implementing the transfer of personnel of the Division of Vocational Rehabilitation into the classified service under Chapter 59 of this title, the State Personnel Commission is directed to assign all positions of professional categories so that the salary schedules for the fiscal year ending June 30, 1971, set forth in 57 Delaware Laws, Chapter 333, shall, insofar as practicable, be incorporated into the classifications and pay plans of the Commission. In no event shall the minimum, intermediate or maximum amounts for any position be less than those which would otherwise have been available to such personnel. The State Personnel Commission is further directed to assign all positions of nonprofessional personnel to appropriate positions and pay grades within the classifications and pay plans of the Commission. If, however, the present salary of any such employee is not at an even step of a pay grade, such employee shall be paid at the next higher even step and, in no event shall the salary paid any such employee be lower than that for which such employee would otherwise be eligible as of July 1, 1970.
(c) Notwithstanding any other provision of law, the Division of Vocational Rehabilitation may employ 2 persons suffering from physical or mental disabilities, who are receiving services as clients of the Division at the date of hire, and who are able to perform job functions as defined by the Division, in a program of rehabilitation and training designed to enable them to become permanently employed.
Appointments shall not exceed 1 year per employee, and the positions shall be exempt from the classified service. Employment as rehabilitation aides shall constitute “credited service” for purposes of the state employees' pension plan, under § 5501 of this title. In addition, rehabilitation aides shall be entitled to all previous credited service as a state employee for purposes of pension eligibility.
29 Del. C. 1953, §  8513;  57 Del. Laws, c. 571, §  1;  64 Del. Laws, c. 393, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8515. Access to books, records, reports and other documents; annual report.

§ 8515. Access to books, records, reports and other documents; annual report.
(a) The Governor's Council on Labor shall have access to all books, records, reports and other documents relating to the Department of Labor unless otherwise prohibited by law.
(b) The various councils of the division of the Department of Labor shall have access to all books, records, reports, and other documents relating to their respective divisions unless otherwise prohibited by law.
(c) The Chairperson of the Governor's Council on Labor and the chairpersons of the councils of the divisions of the Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly, and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8515;  57 Del. Laws, c. 571, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8516. Exemptions.

§ 8516. Exemptions.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of Labor;
(2) Director of Employment and Training;
(3) Director of Industrial Affairs;
(4) Director of Unemployment Insurance;
(5) Director of Vocational Rehabilitation;
(6) Chief of the Office of Occupational and Labor Market Information; and
(7) Executive Director of the Workforce Investment Board.
29 Del. C. 1953, §  8516;  57 Del. Laws, c. 571, §  1;  68 Del. Laws, c. 290, §  203;  70 Del. Laws, c. 527, §  1;  72 Del. Laws, c. 392, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8517. Merit system coverage.

§ 8517. Merit system coverage.
Notwithstanding any other provisions of this chapter, the Secretary of Labor, with the approval of the Governor, is authorized and directed to take such action with respect to merit system coverage of personnel as may be necessary to qualify, or continue the eligibility of, this State for grants-in-aid under any federal law or program.
29 Del. C. 1953, §  8517;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8518. Assumption of powers.

§ 8518. Assumption of powers.
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 Department of Labor and Industrial Relations, Employment Security Commission of Delaware, State Mediation Services, State Apprenticeship and Training Council, Industrial Accident Board and State Board for Vocational Education/Rehabilitation Division immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such person, department, board, commission or agency.
29 Del. C. 1953, §  8518;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8519. Appeals.

§ 8519. Appeals.
Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any division or subdivision thereof, shall continue to exist with respect to such act or acts as are hereafter performed by the Department or by the division or office to which such function is transferred and each appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  8519;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8520. Transfers and continuity.

§ 8520. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department shall, on the effective date of this chapter, be delivered into the custody of the Department. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter, and where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred and governing such functions and which are in effect upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Department and being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.
(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, be construed as referring and relating to the Department of Labor as created and established by this chapter.
(d) 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 functions transferred to the Department by this chapter, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. 1953, §  8520;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8521. Annual report.

§ 8521. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8521;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8522. Misnomer of Department in donation.

§ 8522. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, §  8522;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8523. Budgeting and financing.

§ 8523. Budgeting and financing.
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. Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, §  8523;  57 Del. Laws, c. 571, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8524. Supremacy.

§ 8524. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. 1953, §  8525;  57 Del. Laws, c. 669, §  15;
2023 Delaware Code › Title 29 - State Government › Chapter 85. DEPARTMENT OF LABOR › § 8525. Development of employment opportunities.

§ 8525. Development of employment opportunities.
The Department of Labor and the Division of Small Business shall be jointly responsible for developing new and improved employment opportunities and coordinating with all other state and local agencies and private organizations in this field. The Governor and the General Assembly shall be kept fully apprised by the Department of Labor and the Division of Small Business of all state, local and private activities in the employment development field.
63 Del. Laws, c. 189, §  6;  69 Del. Laws, c. 458, §  1;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 28;
2023 Delaware Code › Title 29 - State Government › Chapter 86. THE DELAWARE STATE HOUSING AUTHORITY › § 8601. Delaware State Housing Authority.

§ 8601. Delaware State Housing Authority.
There is hereby established in the Executive Department the Delaware State Housing Authority, hereinafter referred to as “DSHA,” with the powers and duties specified in this chapter and Chapter 40 of Title 31.
71 Del. Laws, c. 357, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 86. THE DELAWARE STATE HOUSING AUTHORITY › § 8602. Powers, duties and functions.

§ 8602. Powers, duties and functions.
The Delaware State Housing Authority is established having the powers, duties and functions as follows:
(1) DSHA shall serve as the Governor's staff agency in all general housing and community development matters.
(2) DSHA shall harmonize its activities with similar activities of other departments, boards, commissions, agencies or instrumentalities of federal, state, county or municipal government, and shall coordinate its activities, to the extent feasible, with nonprofit and limited profit housing sponsors.
(3) DSHA shall be responsible for the fulfillment of all duties and functions, and shall be vested with all powers, specified in Chapter 40 of Title 31.
71 Del. Laws, c. 357, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 86. THE DELAWARE STATE HOUSING AUTHORITY › § 8603. Housing Director.

§ 8603. Housing Director.
(a) The administrator and head of DSHA shall be the Housing Director. The Housing Director shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the Governor's pleasure. The Housing Director shall be a person qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State, provided that resident is acceptable and equally qualified. If the Housing Director is not a resident of Delaware at the time of appointment to the position, the Director must become a resident within 6 months of appointment. The Housing Director shall be paid an annual salary established by the Governor within the limitation of the funds appropriated therefor.
(b) In the event of the death, resignation, temporary incapacity or removal of the Housing Director, and prior to the appointment of a successor, the Governor may appoint any qualified employee of DSHA to serve as Acting Housing Director. The Housing Director may, during an absence from the State, appoint any qualified employee of DSHA or any of its subdivisions to serve as Acting Housing Director during such absence. In either case, the Acting Housing Director shall have all the powers and shall perform all the duties and functions of the Housing Director during absence or incapacity or until a successor is duly appointed.
(c) The Housing Director shall be the Chairperson and issuing officer of DSHA. The powers of DSHA, as specified in Chapter 40 of Title 31, shall be vested in the Housing Director.
(d) The Housing Director shall not be subject to Chapter 59 of this title.
71 Del. Laws, c. 357, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8701. Establishment of Department of State.

§ 8701. Establishment of Department of State.
A Department of State is established having, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and the responsibility for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to Chapter 23 of this title.
29 Del. C. 1953, §  8701;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8702. Secretary; division directors; Acting Secretary; appointment.

§ 8702. Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of State and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary of State shall be appointed by the Governor as provided in the Constitution and shall be paid an annual salary not in excess of $25,000.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such persons may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until the successor is duly qualified and appointed.
29 Del. C. 1953, §  8702;  57 Del. Laws, c. 570, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8704. Division of Corporations.

§ 8704. Division of Corporations.
The Division of Corporations is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to Subtitle I of Title 6 and Title 8.
29 Del. C. 1953, §  8704;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8705. Division of Historical and Cultural Affairs.

§ 8705. Division of Historical and Cultural Affairs.
(a) The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
(1) The Department of State pursuant to subchapter II of Chapter 5 of this title relating to Historical Buildings, Sites, Objects and Archaeological Resources, and the State Museum pursuant to subchapter III of Chapter 5 of this title; and pursuant to Chapter 53 of Title 7, relating to archaeological resources and activities in the State;
(2) The Lewes Memorial Commission;
(3) The Delaware Day Commission;
(4) The Portrait Commission;
(5) The Delaware Archaeological Board; and
(6) The Governor pursuant to Chapter 53 of Title 7 relating to granting permits to survey and excavate archaeological resources in the State.
(b) The Division of Historical and Cultural Affairs is hereby authorized to retain revenue received from land and building rentals, including but not limited to Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickenson Plantation and the Meeting House Galleries, to support these operations. The Division is further authorized to use revenues derived from future property and building acquisitions for operational support of those facilities and properties as they are acquired. Spending authority shall be subject to the requirements of the annual appropriation act.
29 Del. C. 1953, §  8705;  57 Del. Laws, c. 570, §  1;  72 Del. Laws, c. 91, §  74;  73 Del. Laws, c. 310, §  12;  75 Del. Laws, c. 153, §  16;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8706. Public Archives.

§ 8706. Public Archives.
The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described in subchapter 1 of Chapter 5 of this title.
72 Del. Laws, c. 91, §  75;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8708. Exemptions.

§ 8708. Exemptions.
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. 1953, §  8708;  57 Del. Laws, c. 570, §  1;  63 Del. Laws, c. 195, §  1C;  67 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 149, §  27;  68 Del. Laws, c. 224, §  3;  69 Del. Laws, c. 257, §  1;  72 Del. Laws, c. 91, §  76;  75 Del. Laws, c. 88, §  18;  83 Del. Laws, c. 305, § 8;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8709. Assumption of powers.

§ 8709. Assumption of powers.
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. 1953, §  8709;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8710. Appeals.

§ 8710. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  8710;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8711. Transfers and continuity.

§ 8711. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department shall on the effective date of this chapter be delivered into the custody of the Department. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred and governing such functions and which are in effect upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Department and, being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.
(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of State as created and established in this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created in this chapter.
29 Del. C. 1953, §  8711;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8712. Annual report.

§ 8712. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operation and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8712;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8713. Misnomer of Department in donation.

§ 8713. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, §  8713;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8714. Budgeting and financing.

§ 8714. Budgeting and financing.
(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. 1953, §  8714;  57 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8715. Supremacy.

§ 8715. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
29 Del. C. 1953, §  8716;  57 Del. Laws, c. 608, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8717. Division of Public Utility Control.

§ 8717. Division of Public Utility Control.
The Division of Public Utility Control is established within the Department of State having powers, duties and functions as follows:
(1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal, compensation and duties of employees as provided by law, of the public service commission, except to the extent such powers, duties and functions are vested in the Public Service Commission under Chapter 1 of Title 26.
(2) Such other powers and functions as the Secretary of State may assign which are not otherwise inconsistent with Title 26 or the other laws of the State.
63 Del. Laws, c. 195, §  2c;  71 Del. Laws, c. 138, §  18;  75 Del. Laws, c. 88, §§  8, 9, 17(3);
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8718. State Bank Commissioner.

§ 8718. State Bank Commissioner.
(a) The Office of State Bank Commissioner established by Chapter 1 of Title 5 is continued.
(b) The Commissioner shall be appointed by the Governor for a term of 4 years and shall hold office until a successor shall be duly appointed. The Commissioner shall be a person qualified by training and experience to perform the duties of the office.
(c) The Commissioner shall receive, in full compensation for the Commissioner's services, such salary as shall be fixed by the Governor within such limitations as may be prescribed by law.
(d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause.
(e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of the Governor for the unexpired term. In the event of the death, resignation, disability or removal of the Commissioner, all the powers necessary to perform all the duties and functions of the Commissioner during such incapacity or until a successor is duly appointed and qualified shall be conferred upon the senior Deputy Commissioner appointed by the Commissioner pursuant to § 103 of Title 5. The senior Deputy Commissioner shall be the Deputy Commissioner who has served the longest as a Deputy Commissioner.
(f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Board of Bank Incorporation pursuant to Title 5.
(g) [Repealed.]
29 Del. C. 1953, §  8809;  57 Del. Laws, c. 581, §  1;  63 Del. Laws, c. 195, §  1A;  66 Del. Laws, c. 203, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 24, §  19;
2023 Delaware Code › Title 29 - State Government › Chapter 87. DEPARTMENT OF STATE › Subchapter I. General Provisions › § 8719. Council on Banking.

§ 8719. Council on Banking.
(a) The Council on Banking is established, and shall serve in an advisory capacity to the State Bank Commissioner and shall consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the State Bank Commissioner. The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate to enable the office of State Bank Commissioner to function in the best possible manner.
(b) The Council on Banking, upon the effective date of this chapter, shall be composed of the members of the Bank Advisory Board whose terms, as of the effective date of this chapter, have not expired, with the exception of the State Banking Commissioner whose term as a member of the Bank Advisory Board shall end as of the effective date of this chapter. Each member of the Bank Advisory Board shall serve as a member of the Council for the period of the member's unexpired term unless the member vacates the position by resignation, death or incapacity. The Council shall be composed of 7 members. The Governor shall appoint new members. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 3 appointees shall serve for a term of 3 years. Thereafter all new appointees shall serve for a term of 3 years.
(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council.
(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member's term shall be filled only for the remainder of that term.
29 Del. C. 1953, §  8810;  57 Del. Laws, c. 581, §  1;  63 Del. Laws, c. 195, §  1A;  70 Del. Laws, c. 186, §  1;