reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION › Subchapter V. Miscellaneous › § 5954. Political activity; penalty.

§ 5954. Political activity; penalty.
(a) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration.
(b) No employee in the classified service shall engage in any political activity or solicit any political contribution, assessment or subscription during the employee's hours of employment or while engaged in the business of the State.
(c) No person shall induce, directly or indirectly, any employee in the classified service to make a contribution, assessment or subscription to a political party under the representation, actual or implied, that such assessment, subscription or contribution will have any effect on the employee's employment with the State.
(d) Any officer or employee in the classified service who violates any of the provisions of this section shall forfeit such office or position, and for 1 year shall be ineligible for any office or position in the state service.
29 Del. C. 1953, §  5954;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION › Subchapter V. Miscellaneous › § 5955. Federal Fair Labor Standards Act; application to state personnel practices and merit system rules.

§ 5955. Federal Fair Labor Standards Act; application to state personnel practices and merit system rules.
Notwithstanding any other provision of state law, the federal Fair Labor Standards Act, Chapter 8 of Title 29 of the United States Code, shall supersede state law relating to state personnel practices and shall supersede the rules adopted by the Merit Employee Relations Board pursuant to this chapter, but only to the extent such state law or merit rules are in conflict with the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]. This supersession of state law and the merit system rules shall continue in effect only so long as, and only to the extent that, the provisions of the federal Fair Labor Standards Act [29 U.S.C. 201 et seq.], by their own terms or by judicial interpretation, are deemed to apply to state government personnel practices. To the extent necessary for state compliance with the Fair Labor Standards Act, the Secretary shall have the authority to implement this section, including, but not limited to, the authority to determine where conflicts exist between state law or merit rules and the federal act, and to resolve such conflicts by appropriate rulings and regulations.
65 Del. Laws, c. 215, §  1;  69 Del. Laws, c. 436, §  9;  75 Del. Laws, c. 88, §  20(6);  81 Del. Laws, c. 66, §  54;
2023 Delaware Code › Title 29 - State Government › Chapter 60. DISASTER SERVICE VOLUNTEER LEAVE › § 6002. Definitions.

§ 6002. Definitions.
As used in this chapter, unless the context indicates a different intent:
(1) “Certified disaster service volunteer” or “volunteer” means any person who has completed the necessary training for and been certified as a disaster service specialist by the American Red Cross.
(2) “Disaster” means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures, including both national and state disasters.
(3) “State agency” or “agency” means any state office, officer, official, department, board, commission, institution, bureau, agency, division or unit of the State, including those within the legislative and judicial branches of state government.
70 Del. Laws, c. 21, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60. DISASTER SERVICE VOLUNTEER LEAVE › § 6003. Disaster service volunteer leave.

§ 6003. Disaster service volunteer leave.
(a) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with subsection (b) of this section below, for up to an aggregate of 15 work days, consecutively or nonconsecutively, in any 12-month period to participate in specialized disaster relief services for the American Red Cross in connection with any disaster, upon the request of the American Red Cross for such employee's services and upon the approval of such employee's employing agency.
(b) An employee of a state agency granted leave pursuant to subsection (a) of this section shall be compensated by the employee's employing agency at the employee's regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or compensation in addition to the employee's regular pay. An employee of a state agency who is granted leave pursuant to subsection (a) of this section shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave.
(c) The State shall not be liable for workers' compensation claims arising from accident or injury while the state employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a state agency. In determining whether to grant leave to an employee, the employee's employing agency may consider the needs of the American Red Cross for expertise in a particular certified area. The employee's activities and job functions while on leave, however, shall not be directed by the State but shall be determined and controlled solely by the American Red Cross.
(d) An employee who is on leave pursuant to this section shall not be deemed to be an employee of the State for purposes of the Delaware Tort Claims Act.
70 Del. Laws, c. 21, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6051. Purpose.

§ 6051. Purpose.
The purpose of this chapter is to create a vehicle through which all employees of the State may, on a voluntary basis, provide for additional retirement income security through a program of deferred compensation. The deferred compensation program provided by this chapter shall be in addition to any retirement or other benefit program provided by law for employees of the State.
60 Del. Laws, c. 146, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6052. Definitions [Effective until fulfillment of the contingency in 84 Del. Laws, c. 154, § 2].

§ 6052. Definitions [Effective until fulfillment of the contingency in 84 Del. Laws, c. 154, § 2].
As used in this chapter:
(1) “Board” shall mean the Plans Management Board pursuant to § 2722 of this title.
(2) “Deferred compensation” means income earned as a public officer or employee of the State which, pursuant to a written agreement between the State and the employee, is set aside for retirement purposes.
(3) “Deferred compensation program” means such plans to allow deferred compensation pursuant to §§ 457, 403(b) and 401(a) of the Internal Revenue Code [26 U.S.C. §§ 457, 403(b) and 401(a)], as may be adopted by the Board.
(4) “Employee” means an individual who is employed by the State, including elected or appointed officials, and who receives compensation wholly or in part directly from the State Treasury or through an agency within the State that is wholly or in part supported by the State. The term “employee” includes employees of the Delaware Transit Corporation and Delaware Solid Waste Authority. Individuals hired on a temporary basis or as consultants shall not qualify as employees.
(5) “Qualified participant” is defined as an employee of the State, including school districts, who has deferred compensation under the provisions of this chapter and satisfies either of the following conditions:
a. Employee must be enrolled in the deferred compensation program for no less than 6 consecutive months immediately preceding receipt of the match;
b. Employee has deferred the maximum allowable by the Internal Revenue Service within the 6 months preceding receipt of the match.
60 Del. Laws, c. 146, §  1;  72 Del. Laws, c. 488, §  1;  80 Del. Laws, c. 295, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6052. Definitions [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 154, § 2].

§ 6052. Definitions [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 154, § 2].
As used in this chapter:
(1) “Board” shall mean the Plans Management Board pursuant to § 2722 of this title.
(2) “Deferred compensation” means income earned as a public officer or employee of the State which, pursuant to a written agreement between the State and the employee, is set aside for retirement purposes.
(3) “Deferred compensation program” means such plans to allow deferred compensation pursuant to §§ 457, 403(b) and 401(a) of the Internal Revenue Code [26 U.S.C. §§ 457, 403(b) and 401(a)], as may be adopted by the Board.
(4) “Employee” means an individual who is employed by the State, including elected or appointed officials, and who receives compensation wholly or in part directly from the State Treasury or through an agency within the State that is wholly or in part supported by the State. The term “employee” includes employees of the Delaware Transit Corporation and Delaware Solid Waste Authority. Individuals hired as consultants shall not qualify as employees.
(5) “Qualified participant” is defined as an employee of the State, including school districts, who has deferred compensation under the provisions of this chapter and satisfies either of the following conditions:
a. Employee must be enrolled in the deferred compensation program for no less than 6 consecutive months immediately preceding receipt of the match;
b. Employee has deferred the maximum allowable by the Internal Revenue Service within the 6 months preceding receipt of the match.
60 Del. Laws, c. 146, §  1;  72 Del. Laws, c. 488, §  1;  80 Del. Laws, c. 295, §  3;  84 Del. Laws, c. 154, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6054. Administration; reports.

§ 6054. Administration; reports.
(a) All plans of deferred compensation which may be adopted shall provide that each participating employee will be furnished a quarterly statement of the employee's account, on a form approved by the Board, showing at least the amount of income deferred, the investments purchased and the charges assessed on such purchases.
(b) Each plan of deferred compensation which may be adopted shall provide that in the event of nonrenewal or termination, all accounts enrolled in the plan, including all records, investments and proceeds thereof, shall be transferred to an agent designated by the Board.
60 Del. Laws, c. 146, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 295, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6055. Payroll deductions.

§ 6055. Payroll deductions.
The Department of Finance and the State Treasurer are authorized to make payroll deductions under this chapter pursuant to regulations adopted by the Board for any public officer or employee of the State who has authorized such deductions in writing. The Treasurer of the State shall account for all such payroll deductions and shall make payment of such deductions in accordance with regulations adopted by the Board. Any income deferred under such a plan shall continue to be included as regular compensation for the purpose of computing the contributions to and benefits from the State Employees' Pension Plan, any pension plan for members of the state judiciary and any pension plan for members of the State Police. Unless subject to the provisions of § 6062 of this title, any sum so deferred shall not be included in the computation of any federal or state income taxes withheld on behalf of any such employee, but shall be included for computation of Social Security Administration contributions.
60 Del. Laws, c. 146, §  1;  64 Del. Laws, c. 433, §  1;  80 Del. Laws, c. 295, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6056. Maximum amount deferrable.

§ 6056. Maximum amount deferrable.
Any provision of this chapter notwithstanding, the maximum amount of income which any 1 employee may elect to defer after June 30, 1975, shall not exceed the limit established by the Internal Revenue Service.
60 Del. Laws, c. 146, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 354, §  39;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6057. Limitation on investments.

§ 6057. Limitation on investments.
The deferred compensation program may offer any of the following investment options and none other:
(1) Savings accounts in federally insured banking institutions.
(2) United States government bonds or debt instruments.
(3) Life insurance and annuity contracts, provided the companies offering such contracts are subject to regulation by the Insurance Commissioner of the State.
(4) Investment funds registered under the Investment Company Act of 1940.
(5) Securities which are traded on the New York Stock Exchange National Association of Securities Dealers Automated Quotations (NASDAQ) and American Stock Exchange.
60 Del. Laws, c. 146, §  1;  72 Del. Laws, c. 204, §  14;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6060. Employer Match Plan.

§ 6060. Employer Match Plan.
The Board is hereby authorized and directed to establish a plan pursuant to § 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. § 401(a)), as amended.
72 Del. Laws, c. 488, §  2;  80 Del. Laws, c. 295, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6061. Employer contribution to qualified participants [Suspended effective July 1, 2008; see 84 Del. Laws, c. 81, § 7(e)].

§ 6061. Employer contribution to qualified participants [Suspended effective July 1, 2008; see 84 Del. Laws, c. 81, § 7(e)].
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)).
72 Del. Laws, c. 488, §  3;  77 Del. Laws, c. 84, § 7(d);  80 Del. Laws, c. 295, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 60A. DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE › § 6062. Roth savings option.

§ 6062. Roth savings option.
(a) The Board shall ensure that 26 U.S.C. §§ 403(b) and 457(b) retirement plans allow participants the option to designate their contributions into the plans as Roth contributions.
(b) The Office of Management and Budget shall make all necessary changes to the state employee payroll system necessary to facilitate the addition of a Roth option to state 403(b) and 457(b) retirement plans for state employees.
(c) The State Treasurer shall take all necessary steps to facilitate the addition of a Roth option to state 403(b) and 457(b) retirement plans.
79 Del. Laws, c. 372, §  1;  80 Del. Laws, c. 295, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 60B. First State Quality Improvement Fund › § 6071. Establishment.

§ 6071. Establishment.
(a) The First State Quality Improvement Fund is hereby established within the Department of Human Resources.
(b) Moneys provided to the Fund shall be subject to an annual appropriation by the General Assembly in the Annual Budget Act of the State of Delaware. Appropriations made to the First State Quality Improvement Fund shall not be subject to reversion to the General Fund of the State unless otherwise specified by the General Assembly in the Annual Budget Act.
70 Del. Laws, c. 338, §  1;  75 Del. Laws, c. 88, §  20(6);  77 Del. Laws, c. 84, §  73;  77 Del. Laws, c. 327, §  66;  78 Del. Laws, c. 78, §  66;  78 Del. Laws, c. 290, §  62;  79 Del. Laws, c. 78, §  60;  79 Del. Laws, c. 290, §  63;  80 Del. Laws, c. 79, §  62;  80 Del. Laws, c. 298, §  66;  81 Del. Laws, c. 58, §  69;  81 Del. Laws, c. 66, §  56;  81 Del. Laws, c. 280, § 102;  82 Del. Laws, c. 64;  84 Del. Laws, c. 53, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60B. First State Quality Improvement Fund › § 6072. Legislative intent.

§ 6072. Legislative intent.
The General Assembly finds that Delaware state agencies and employees can improve their performance and delivery of services to Delaware citizens by implementing a long-term commitment to continuous improvement, performance budgeting and other initiatives. A First State Quality Improvement Fund supports implementation of operational excellence initiatives and reinvestment of savings in tools for improving efficiency and effectiveness. Agencies may reduce positions requirements through retraining, reassignment, or other methods, such as automation. The General Assembly intends for this process to involve employees at all levels to improve customer confidence and satisfaction with Delaware state government.
70 Del. Laws, c. 338, §  1;  77 Del. Laws, c. 84, §  73;  77 Del. Laws, c. 327, §  66;  78 Del. Laws, c. 78, §  66;  78 Del. Laws, c. 290, §  62;  79 Del. Laws, c. 78, §  60;  79 Del. Laws, c. 290, §  63;  80 Del. Laws, c. 79, §  62;  80 Del. Laws, c. 298, §  66;  81 Del. Laws, c. 58, §  69;  81 Del. Laws, c. 280, § 102;  82 Del. Laws, c. 64;  84 Del. Laws, c. 53, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 60B. First State Quality Improvement Fund › § 6073. Purposes.

§ 6073. Purposes.
(a) The Fund shall be expended for long-term commitments to continuous quality improvement and other operational excellence initiatives, except as provided in § 6076.
(b) Moneys appropriated to the Fund may be allocated for activities and programs based on commonly-accepted industry best practices:
(1) Create continuous quality improvement plans for agencies.
(2) Establish performance-based budgeting measures to quantify effectiveness.
(3) Re-engineer work processes consistent with Lean and other process improvement methodologies.
(4) Train employees and leadership to lead continuous improvement organizations.
(5) Other operational excellence initiatives.
(6) Engage vendors and/or consultants to:
a. Set strategic direction and goals.
b. Conduct seminars/facilitations for executive branch leadership.
c. Help selected agencies adopt operational excellence initiatives.
d. Train Delaware state employees as trainers to sustain initiatives.
70 Del. Laws, c. 338, §  1;  77 Del. Laws, c. 84, §  73;  77 Del. Laws, c. 327, §  66;  78 Del. Laws, c. 78, §  66;  78 Del. Laws, c. 290, §  62;  79 Del. Laws, c. 78, §  60;  79 Del. Laws, c. 290, §  63;  80 Del. Laws, c. 79, §  62;  80 Del. Laws, c. 298, §  66;  81 Del. Laws, c. 58, §  69;  81 Del. Laws, c. 280, § 102;  82 Del. Laws, c. 64;  84 Del. Laws, c. 53, § 3;
2023 Delaware Code › Title 29 - State Government › Chapter 60B. First State Quality Improvement Fund › § 6074. Distribution and accountability of the First State Quality Improvement Fund.

§ 6074. Distribution and accountability of the First State Quality Improvement Fund.
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.
70 Del. Laws, c. 338, §  1;  77 Del. Laws, c. 84, §  73;  77 Del. Laws, c. 327, §  66;  78 Del. Laws, c. 78, §  66;  78 Del. Laws, c. 290, §  62;  79 Del. Laws, c. 78, §  60;  79 Del. Laws, c. 290, §  63;  80 Del. Laws, c. 79, §  62;  80 Del. Laws, c. 298, §  66;  81 Del. Laws, c. 58, §  69;  81 Del. Laws, c. 280, § 102;  82 Del. Laws, c. 64;  84 Del. Laws, c. 53, § 4;
2023 Delaware Code › Title 29 - State Government › Chapter 60B. First State Quality Improvement Fund › § 6076. Emergency and special appropriations.

§ 6076. Emergency and special appropriations.
(a) In the event of an emergency involving the health, safety or welfare of the citizens of the State, any portion of the balance remaining in the Fund may be expended pursuant to an act of appropriation passed by 3/5 of all the members elected to each house of the General Assembly.
(b) In the event of cutbacks in federal funding of Delaware state programs affecting the health, safety or welfare of the citizens of the State, and upon recommendation by the Joint Finance Committee, any portion of the balance remaining in the Fund may be expended pursuant to an act of appropriation.
70 Del. Laws, c. 338, §  1;  77 Del. Laws, c. 84, §  73;  77 Del. Laws, c. 327, §  66;  78 Del. Laws, c. 78, §  66;  78 Del. Laws, c. 290, §  62;  79 Del. Laws, c. 78, §  60;  79 Del. Laws, c. 290, §  63;  80 Del. Laws, c. 79, §  62;  80 Del. Laws, c. 298, §  66;  81 Del. Laws, c. 58, §  69;  81 Del. Laws, c. 280, § 102;  82 Del. Laws, c. 64;  84 Del. Laws, c. 53, § 6;
2023 Delaware Code › Title 29 - State Government › Chapter 60B. First State Quality Improvement Fund › § 6077. Termination.

§ 6077. Termination.
The First State Quality Improvement Fund may be terminated by the General Assembly, upon the recommendation of the Joint Finance Committee when, in the opinion of the Joint Finance Committee, the program has not realized improvement in agency performance, monetary savings to the State or any other reason in which agency or employee performance has not demonstrated proof of improvements to the delivery of Delaware state services. Additionally, the Fund may be terminated when all moneys from the Fund have been expended and no further appropriation is approved by the General Assembly.
70 Del. Laws, c. 338, §  1;  77 Del. Laws, c. 84, §  73;  77 Del. Laws, c. 327, §  66;  78 Del. Laws, c. 78, §  66;  78 Del. Laws, c. 290, §  62;  79 Del. Laws, c. 78, §  60;  79 Del. Laws, c. 290, §  63;  80 Del. Laws, c. 79, §  62;  80 Del. Laws, c. 298, §  66;  81 Del. Laws, c. 58, §  69;  81 Del. Laws, c. 280, § 102;  82 Del. Laws, c. 64;  84 Del. Laws, c. 53, § 7;
2023 Delaware Code › Title 29 - State Government › Chapter 60B. First State Quality Improvement Fund › § 6078. Liberal construction of chapter.

§ 6078. Liberal construction of chapter.
This chapter, being necessary for the prosperity and welfare of the State and its citizens, shall be construed liberally to effect the purposes of this chapter.
70 Del. Laws, c. 338, §  1;  77 Del. Laws, c. 84, §  73;  77 Del. Laws, c. 327, §  66;  78 Del. Laws, c. 78, §  66;  78 Del. Laws, c. 290, §  62;  79 Del. Laws, c. 78, §  60;  79 Del. Laws, c. 290, §  63;  80 Del. Laws, c. 79, §  62;  80 Del. Laws, c. 298, §  66;  81 Del. Laws, c. 58, §  69;  81 Del. Laws, c. 280, § 102;  82 Del. Laws, c. 64;  84 Del. Laws, c. 53, § 8;
2023 Delaware Code › Title 29 - State Government › Chapter 60C. DELAWARE TOBACCO SETTLEMENT ACT OF 1999 › § 6080. Findings and purpose.

§ 6080. Findings and purpose.
(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(b) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.
(c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.
(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement,” with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interests of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
72 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60D. ENFORCEMENT PROVISIONS OF DELAWARE TOBACCO SETTLEMENT ACT OF 1999 › § 6083. Findings and purpose.

§ 6083. Findings and purpose.
The General Assembly hereby finds that violations of Chapter 60C of this title, the Delaware Tobacco Settlement Act of 1999, threaten the integrity of the Tobacco Master Settlement Agreement, the fiscal soundness of the State, and the public health. The General Assembly hereby finds that enactment of the procedural enhancements promulgated by this chapter will aid in the enforcement of Chapter 60C of this title, and will thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State, and the public health.
74 Del. Laws, c. 124, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60D. ENFORCEMENT PROVISIONS OF DELAWARE TOBACCO SETTLEMENT ACT OF 1999 › § 6084. Definitions.

§ 6084. Definitions.
(a) “Affixing agent” means a person who is authorized to affix tax stamps to packages or other containers of cigarettes under Chapter 53 of Title 30 or any person that is required to pay the excise tax imposed pursuant to Chapter 53 of Title 30 on Cigarettes.
(b) “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol”, “lights”, “kings”, and “100s”, and includes any brand name (alone or in conjunctions with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of Cigarettes.
(c) “Cigarette” has the same meaning as in § 6081(d) of this title.
(d) “Department” means the Department of Finance for the State.
(e) “Master settlement agreement” has the same meaning given to that term in § 6081(e) of this title.
(f) “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer.
(g) “Participating manufacturer” has the same meaning given to that term in Section II(jj) of the master settlement agreement and all amendments thereto.
(h) “Qualified escrow fund” has the same meaning given to that term in § 6081(f) of this title.
(i) “Tobacco product manufacturer” has the same meaning given to that term in § 6081(i) of this title.
(j) “Units sold” has the same meaning given to that term in § 6081(j) of this title.
74 Del. Laws, c. 124, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60D. ENFORCEMENT PROVISIONS OF DELAWARE TOBACCO SETTLEMENT ACT OF 1999 › § 6086. Agent for service of process.

§ 6086. Agent for service of process.
(a) Requirement for agent for service of process. — Any nonresident or foreign Non-participating manufacturer that has not registered to do business in the State as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the Directory, appoint and continually engage without interruption the services of an agent in this State to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this title and Chapter 60C of this title, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the Department and Attorney General.
(b) The nonparticipating manufacturer shall provide notice to the Department and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than 5 calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Department and Attorney General of said termination within 5 calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.
(c) Any nonparticipating manufacturer whose cigarettes are sold in this State, who has not appointed and engaged an agent as herein required, shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this State by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the Directory.
74 Del. Laws, c. 124, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60D. ENFORCEMENT PROVISIONS OF DELAWARE TOBACCO SETTLEMENT ACT OF 1999 › § 6088. Penalties and other remedies; Class B misdemeanor.

§ 6088. Penalties and other remedies; Class B misdemeanor.
(a) License revocation and civil penalty. — In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that an affixing agent has violated § 6085(c) of this title or any regulation adopted pursuant to this chapter, the Department may revoke or suspend the license of the affixing agent in the manner provided by Chapter 53 of Title 30. Each stamp affixed and each sale or offer to sell cigarettes in violation of § 6085(c) of this title shall constitute a separate violation. For each violation hereof, the Department may also impose a civil penalty in an amount not to exceed the greater of 500% of the retail value of the cigarettes or $5,000 upon a determination of violation of § 6085(c) of this title or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided by Chapter 53 of Title 30.
(b) Contraband and seizure. — Any cigarettes that have been sold, offered for sale, or possessed for sale in this State in violation of § 6085(c) of this title shall be deemed contraband under § 5346 of Title 30 and such cigarettes shall be subject to seizure and forfeiture as provided in such section, and all such cigarettes so seized and forfeited shall be destroyed and not resold.
(c) Injunction. — The Attorney General may seek an injunction to restrain a threatened or actual violation of §§ 6085(c), 6087(a) or 6085(d) of this title by an affixing agent and to compel the affixing agent to comply with such subsections. In any action brought pursuant to this section, the State shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees.
(d) Unlawful sale and distribution. — It shall be unlawful for a person to:
(1) Sell or distribute cigarettes, or
(2) Acquire, hold, own, posses, transport, import or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of § 6085(c) of this title.
A violation of this section shall be a Class B misdemeanor.
(e) Unfair and deceptive trade practice. — A person who violates § 6085(c) of this title engages in an unfair and deceptive trade practice in violation of Chapter 25 of Title 6.
74 Del. Laws, c. 124, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60D. ENFORCEMENT PROVISIONS OF DELAWARE TOBACCO SETTLEMENT ACT OF 1999 › § 6089. Miscellaneous provisions.

§ 6089. Miscellaneous provisions.
(a) Notice and review of determination. — A determination of the Attorney General to not include or to remove from the Directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Chapter 101 of this title.
(b) Applicants for licenses. — No person shall be issued a license or granted a renewal of a license to act as an affixing agent unless such person has certified in writing, under penalty of perjury, that such person will comply fully with this section.
(c) Dates. — For the year 2003, the first report of affixing agents required by § 6087(a) of this title shall be due Aug. 7, 2003; the certifications by a tobacco product manufacturer described in § 6085(a) of this title shall be due Aug. 22, 2003, and the Directory described in § 6085(b) of this title shall be published or made available by Oct. 6, 2003.
(d) Promulgation of regulations. — The Department may promulgate regulations necessary to effect the purposes of this chapter.
(e) Recovery of costs and fees by Attorney General. — In any action brought by the State to enforce this chapter, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney fees.
(f) Disgorgement of profit of violations of chapter. — If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the Delaware Health Fund. Unless otherwise expressly provided the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
(g) Construction and severability. — If a court of competent jurisdiction finds that the provisions of this chapter and of chapter of this title conflict and cannot be harmonized, then such provisions of Chapter 60C of this title shall control. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter causes Chapter 60C of this title to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this chapter shall not be valid. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof.
74 Del. Laws, c. 124, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § 6090. Establishment; statement of purpose.

§ 6090. Establishment; statement of purpose.
(a) There is established a Public Attorney Student Loan Repayment Program for attorneys employed by the State or 1 of Delaware's civil legal aid organizations for the purpose of practicing law. The program allows qualified applicants to apply for a payment from the State to the applicant's lending agency to pay a portion of the applicant's qualified educational loan. The Council shall administer the program.
(b) The purpose of the program is to improve the recruitment and retention of attorneys employed by the State or 1 of Delaware's civil legal aid organizations to ensure high quality legal services.
(c) The application prescribed, and policies adopted pursuant to this subchapter shall be available on the Council's website.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § 6091. Definitions.

§ 6091. Definitions.
As used in this subchapter:
(1) “Award” means the Council's decision to make a loan payment on an applicant's behalf.
(2) “Civil legal aid organization” means Community Legal Aid Society, Delaware Volunteer Legal Services, or Legal Services Corporation of Delaware.
(3) “Council” means the Delaware Criminal Justice Council.
(4) “Lending agency” means an entity that provides a qualified education loan.
(5) “Loan award committee” means a committee composed of the following members:
a. Executive Director of the Council.
b. The Chief Defender, or the Chief Defender's designee.
c. The Attorney General, or the Attorney General's designee.
d. The Chief Justice, or the Chief Justice's designee.
e. A member of the Delaware bar appointed by the Governor.
(6) “Loan payment” means a payment by the Council to a successful applicant's lending agency of a portion of the applicant's qualified educational loan.
(7) “Program” means the Public Attorney Student Loan Repayment Program established in this subchapter.
(8) “Qualified educational loan” means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational expenses related to an applicant's undergraduate or law degree program.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § 6092. Funding.

§ 6092. Funding.
(a) Appropriations for the program will be made to the Council through the annual Appropriations Act in a separate line item appropriation. The Council is authorized to accept private donations and federal funding to support the program.
(b) The Council may use up to 5% of the amount appropriated for the program to cover costs of administering the program.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § 6093. Eligibility for the program.

§ 6093. Eligibility for the program.
To qualify to participate in the program, all of the following must apply:
(1) The applicant has secured a qualified educational loan prior to submitting an application.
(2) The applicant is an active member in good standing of the Bar of the Supreme Court of the State of Delaware or is practicing law under Supreme Court Rule 55.
(3) The applicant has been an employee of the State or 1 of Delaware's civil legal aid organizations for at least a year, and the applicant's primary job function is the practice of law.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § § 6094. Application.

§ § 6094. Application.
(a) The application to participate in the program shall require the applicant to certify that they meet the eligibility requirements of § 6093 of this title. The application shall otherwise be in the form prescribed by the Council.
(b) The applicant must submit a new, completed application each year, along with any additional information the Council may request in accordance with program regulations.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § 6095. Decision and disbursement.

§ 6095. Decision and disbursement.
(a) The ability to make awards each year is contingent upon the availability of funds.
(b) Funds are to be distributed evenly amongst the qualified applicants per year, with the loan award committee meeting annually to oversee the allocation of funds.
(c) Notwithstanding subsection (b) of this section, if there are insufficient funds to make an award to every applicant who satisfies the requirements of this subchapter, the loan award committee shall give priority to applicants having the greatest financial need.
(d) The applicants having the greatest financial need is determined in the sole discretion of the loan award committee. The Council shall request all of the following information, but the weight to be given to the information shall be determined in the sole discretion of the loan award committee:
(1) The applicant's income.
(2) The applicant's spousal income.
(3) The number of the applicant's dependents.
(4) The total amount of the applicant's qualified educational loans.
(5) The applicant's monthly loan payment amount.
(e) The Council shall make payment directly to the applicant's lending agency on behalf of the applicant.
(f) An applicant may receive only 1 award per year and may receive no more than 10 awards in the applicant's lifetime. An award may be made as a single annual payment or disbursed over periodic intervals, at the Council's discretion.
(g) Applicants who make over $110,000 a year are ineligible for an award under this subchapter.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § 6098. Penalties.

§ 6098. Penalties.
If an applicant knowingly submits false information or commits fraud in connection with the application process, the Council may reevaluate the applicant's eligibility for an award and may withdraw an award. Any award made as the result of deliberate fraud may be recovered by the State through an action at law.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 60E. Public Attorney Student Loan Repayment Program › § 6099. Annual reporting.

§ 6099. Annual reporting.
Each fiscal year, the Council shall report to the General Assembly, the Attorney General, Chief Defender, and the Chief Justice the following summary data, which shall be de-identified to the greatest extent possible:
(1) The aggregate number of attorneys who applied for an award.
(2) The aggregate number of attorneys who received an award.
(3) The race, ethnicity, age, and gender represented by attorneys who applied for an award.
(4) The race, ethnicity, age, and gender represented by attorneys who received an award.
(5) The employer of attorneys who applied for an award.
(6) The employer of attorneys who received an award.
(7) The legal practice areas of attorneys who applied for an award.
(8) The legal practice areas of attorneys who received an award.
(9) The average amount of an award to an attorney under to the program.
(10) Other summary data identified by the loan award committee.
83 Del. Laws, c. 499, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 61. GENERAL FUND › § 6101. Definition of agency.

§ 6101. Definition of agency.
The term “agency,” as used in this chapter, shall include every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State.
42 Del. Laws, c. 77, §  2;  29 Del. C. 1953, §  6101;
2023 Delaware Code › Title 29 - State Government › Chapter 61. GENERAL FUND › § 6103. Deposit of state money.

§ 6103. Deposit of state money.
(a) All moneys which belong to the State shall be deposited on day of receipt to the credit of the State Treasurer in the designated depository of the State's funds, with the exception of moneys received after the close of normal banking hours or when an agency receives less than $100 in receipts daily. Those agencies receiving less than $100 in daily receipts shall safely secure such funds and make a deposit when accumulated undeposited receipts exceed $100, or on a weekly basis, whichever occurs first. When moneys are received after the close of normal banking hours, those moneys shall normally be safely secured and deposited on the next business day, except when receipts are of sufficient magnitude to warrant their being deposited after normal banking hours. A report of collections with the appropriate approvals as prescribed in the accounting manual shall be promptly submitted to the State Treasurer.
(b) Notwithstanding any other provisions of the Delaware Code dealing with confidentiality of tax or revenue information, state agencies responsible for collecting such taxes or revenues may receive tax or revenue information electronically from the designated depository of the state's funds or its 3rd-party vendor without regard to such confidentiality statutes so long as such designated depository or vendor has executed an agreement not to disclose such information other than to such state agencies responsible for collecting taxes or revenues and not to use the information other than as authorized by such agency.
42 Del. Laws, c. 77, §  1;  29 Del. C. 1953, §  6103;  54 Del. Laws, c. 39, §  1;  57 Del. Laws, c. 664;  60 Del. Laws, c. 434, §  1;  61 Del. Laws, c. 468, §  5;  63 Del. Laws, c. 142, §  47;  67 Del. Laws, c. 281, §  50;  69 Del. Laws, c. 387, §  1;  70 Del. Laws, c. 509, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 61. GENERAL FUND › § 6104. Requirement of registration with Selective Service System.

§ 6104. Requirement of registration with Selective Service System.
All males born after January 1, 1960, must have registered with the Selective Service System in order to be eligible for any scholarship, loan, grant or any program supported by the General Fund, or any subsequent fund developed by the State to provide educational assistance to residents of the State or any other state.
65 Del. Laws, c. 505, §  2;