reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8062. State electric vehicle charging infrastructure.

§ 8062. State electric vehicle charging infrastructure.
(a) As used in this section:
(1) “Agency” means as defined in § 6301 of Title 29.
(2) “All-electric vehicle” means an electric vehicle that operates solely from an internal electric battery.
(3) “Costs” means the costs associated with electricity used by the agency's EVSEs, installation of the agency's EVSEs, and maintenance of the infrastructure and equipment of the agency's EVSEs.
(4) “Electric vehicle supply equipment” or “EVSE” means equipment that connects an electric vehicle to an external source of electricity to recharge the electric vehicle's internal battery.
(5) “Electric Vehicle” or “EV” includes plug-in hybrid vehicles and all-electric vehicles, and means a motor vehicle, as defined in § 101 of Title 21, that satisfies both of the following:
a. Uses 1 or more electric motors for propulsion.
b. Is powered through an internal battery that is charged using an external electricity source.
(6) “Plug-in hybrid vehicle” means an electric vehicle that operates with an internal combustion engine and an electric motor that can be plugged into an external electric power source to charge the internal battery.
(b) An agency that has installed EVSE may make the EVSE available for use, at the agency's discretion, by the public or employees, or both.
(c) If an agency provides access to its EVSE for charging to an electric vehicle not owned by the State, it may charge a fee for the use of its EVSE that does not exceed the agency's costs. The agency shall use the fees collected for the payment of the electricity used by the EVSE and for the maintenance of the EVSE infrastructure and equipment.
(d) Agency EVSE must be located on state-owned or state-leased real property used for state offices, service centers, maintenance facilities, correctional facilities, visitor centers, research centers, health-care facilities, recreational facilities, or other state-owned or state-leased real property where state employees work or receive visitors conducting business with state agencies.
83 Del. Laws, c. 179, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8063. Electric School Bus Program.

§ 8063. Electric School Bus Program.
(a) To improve the health and safety of Delaware children and safeguard the environment, it is the goal of Delaware that 30% of school buses purchased by the State shall be electric vehicles in FY 2030. To this end, the Department of Education's annual bus purchases must include at least the following percentage of electric-powered school buses in the corresponding year:
Fy 2025
5%
Fy 2026
10%
Fy 2027
15%
Fy 2028
20%
Fy 2029
25%
Fy 2030
30%
(b) The Department of Education shall submit an implementation report regarding the goals set forth in subsection (a) of this section annually on January 31, from 2025 through 2029.
(c) By January 31, 2030, the Department of Education shall submit a report detailing recommendations for future changes in the percentage targets for electric school bus purchases, and other recommendations for reduction of the carbon and environmental impact of the State's school transportation fleet.
(d) The reports in subsections (b) and (c) of this section shall be delivered to the Clerk of the House of Representatives, the Secretary of the Senate, the Director of the Division of Research, and the Public Archives.
(e) Implementation of this section is contingent upon the appropriation of sufficient funding.
84 Del. Laws, c. 142, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8064. Electric vehicle rebate programs [For contingent repeal of this section, see 84 Del. Laws, c. 144, § 3].

§ 8064. Electric vehicle rebate programs [For contingent repeal of this section, see 84 Del. Laws, c. 144, § 3].
(a) As used in this section:
(1) “All-electric vehicle” means as defined in § 8062 of this chapter.
(2) “Department” means the Delaware Department of Natural Resources and Environmental Control.
(3) “Electric vehicle” means as defined in § 8062 of this chapter.
(4) “MSRP” means the manufacturer's suggested retail price for an electric vehicle as set by the electric vehicle's manufacturer.
(5) “Plug-in hybrid vehicle” means as defined in § 8062 of this chapter.
(b) The Department shall administer a rebate program to incentivize the purchase and lease of new and used electric vehicles by Delaware residents. Qualifying electric vehicles shall be eligible for a rebate in an amount determined by the Department based on availability of funds and the Department's assessment of the maturation of the market, provided, however, that the rebate for all-electric vehicles shall not exceed $2,500 per vehicle and the rebate for plug-in hybrid vehicles shall not exceed $1,000 per vehicle.
(c) All of the following are eligible to participate in the rebate programs upon purchase of a qualifying vehicle:
(1) Delaware residents.
(2) Active-duty military members stationed in Delaware.
(d) No more than 2 electric vehicle rebates may be permitted per recipient over the life of the program.
(e) The Department shall establish standards and procedures for administration of electric vehicle incentive programs. Such standards may include criteria for establishing qualifying electric vehicles including price caps, mileage range, battery size, and other relevant factors.
(f) Eligible vehicles shall not exceed $50,000 in MSRP.
(g) Applications for the rebate and incentive programs must be made using forms and procedures developed by the Department.
(h) The Department may utilize third-party providers to administer rebate and incentive programs.
(i) The Department may utilize funds allocated to the Department under § 6046 of Title 7 for the programs established in subsection (b) of this section. Funds shall be issued on a first-come, first-serve basis as funds are available.
84 Del. Laws, c. 144, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter III. Delaware Native Species Commission [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3] › § 8071. Purpose [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].

§ 8071. Purpose [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].
The Delaware Native Species Commission is created to do all of the following:
(1) Reverse the trend of decline and extinction of our local plant and animal native species.
(2) Diligently pursue and perform those things necessary and proper in order that the recommendations in the final report of the Statewide Ecological Extinction Task Force be fully implemented.
(3) Provide state and local lawmakers, policymakers, educators, and other stakeholders with expertise and assistance in projects meeting the goals and purposes of this subchapter.
(4) Report back to the General Assembly on a yearly basis regarding the implementation of the task force recommendations.
81 Del. Laws, c. 256, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter III. Delaware Native Species Commission [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3] › § 8072. Definitions [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].

§ 8072. Definitions [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].
For purposes of this subchapter:
(1) “Appointed member” means an individual appointed by the Governor under § 8073(a)(2) of this title.
(2) “Commission” means the Delaware Native Species Commission.
(3) “DNREC” means the Department of Natural Resources and Environmental Control.
(4) “Task force recommendations” means the recommendations in the final report of the Statewide Ecological Extinction Task Force established by Senate Concurrent Resolution No. 20 of the 149th General Assembly.
81 Del. Laws, c. 256, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter III. Delaware Native Species Commission [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3] › § 8073. Commission membership; qualifications; term of office [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].

§ 8073. Commission membership; qualifications; term of office [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].
(a) The Commission is composed of 19 members, as follows:
(1) Six members serving by virtue of position, or a designee appointed by the member, as follows:
a. The Secretary of the DNREC.
b. The Secretary of the Department of Agriculture.
c. The County Executive of New Castle County.
d. The County Administrator for Kent County.
e. The County Administrator for Sussex County.
f. The Secretary of the Department of Transportation.
(2) Thirteen members, appointed by the Governor, as follows:
a. Six individuals who represent environmental organizations or Delaware institutions of higher education, with expertise regarding Delaware plant or animal species.
b. Six individuals who represent stakeholder commercial interests in Delaware, such as land development, farming, and business, with no more than 2 members representing the same commercial interest.
c. One member who is a current or retired botanist or similar professional with expertise in Delaware plant species.
(b) An appointed member serves for a term of up to 3 years and is eligible for reappointment. The Governor shall appoint members for staggered terms so that no more than 5 members' terms expire in any 1 calendar year.
(c) If an appointed member fails to attend 3 successive meetings of the Commission without just cause, that member's position may be deemed vacant and the Governor may appoint a replacement.
(d) Members of the Commission serve without compensation, except that the Commission may reimburse members for reasonable and necessary mileage and tolls incident to duties as members of the Commission.
81 Del. Laws, c. 256, § 1;  82 Del. Laws, c. 124, § 1;  83 Del. Laws, c. 473, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter III. Delaware Native Species Commission [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3] › § 8074. Authority; staffing [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].

§ 8074. Authority; staffing [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].
(a) The Commission shall be placed within DNREC and shall have such powers, duties, and functions as described in this subchapter and such other duties and functions as may be referred to it by the Governor, the Secretary of DNREC, or the General Assembly.
(b) The Secretary of DNREC shall provide staff support to the Commission.
81 Del. Laws, c. 256, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter III. Delaware Native Species Commission [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3] › § 8075. Chair and Vice Chair; selection and duties [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].

§ 8075. Chair and Vice Chair; selection and duties [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].
(a) The Commission shall elect a Chair and Vice Chair at its first meeting and the Chair and Vice Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Vice Chair shall fulfill the duties of the Chair contained in subsection (b) of this section until a replacement is elected at its next meeting.
(b) The Chair of the Commission shall do all of the following:
(1) Set a date, time, and place for the meetings of the Commission.
(2) Supervise the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.
81 Del. Laws, c. 256, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter III. Delaware Native Species Commission [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3] › § 8076. Quorum and conduct of business [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].

§ 8076. Quorum and conduct of business [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].
(a) A majority of the membership of the Commission constitutes a quorum to conduct official business. Official action by the Commission, including making findings and recommendations, requires the approval of a majority of the members of the Commission present at a meeting with quorum.
(b) The Commission may adopt rules necessary for its operation.
(c) The Commission may undertake the following functions to implement the Task Force recommendations and to further the goals and purposes of the Commission:
(1) Establish subcommittees.
(2) Engage with other organizations to exchange ideas and information and to provide those other organizations with the opportunity to engage with the Commission.
(3) Study, research, plan, and make advisory recommendations to the Governor, the Secretary of State, the Secretary of DNREC, the Department of Agriculture, or the General Assembly.
(d) In carrying out the Commission's duties under this subchapter, the Commission shall consider any related plans and programs developed by other organizations with expertise in native species conservation or protection, or in the eradication of invasive species, and may designate representatives to serve on special committees, organizations, or other entities to plan, develop, and coordinate specific activities.
81 Del. Laws, c. 256, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter III. Delaware Native Species Commission [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3] › § 8077. Annual report [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].

§ 8077. Annual report [Expires June 7, 2028, pursuant to 81 Del. Laws, c. 256, § 3].
On or before December 31, 2018, and on or before every December 31 thereafter, the Commission shall submit to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives for distribution to the members of the General Assembly, an annual report of the Commission's activities for the previous year and goals for the upcoming year. The report may also include proposals for legislation, administrative action, or other policy changes the Commission considers necessary to carry out its implementation of the task force recommendations or further the goals and purposes of this subchapter.
81 Del. Laws, c. 256, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter V. Drinking Water Protection Act › § 8091. Purpose.

§ 8091. Purpose.
This subchapter directs the Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control to establish state-level maximum contaminant levels (“MCL”) for certain contaminants found in public drinking water systems in this State.
83 Del. Laws, c. 253, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter V. Drinking Water Protection Act › § 8092. Definitions.

§ 8092. Definitions.
As used in this subchapter:
(1) “Department” means the Department of Natural Resources and Environmental Control.
(2) “Division” means the Division of Public Health.
(3) “Maximum contaminant level” means the legal threshold limit on the amount of a substance that is allowed in public water systems.
(4) “PFAS” means non-polymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man-made chemicals that contain at least 2 fully fluorinated carbon atoms, excluding gases and volatile liquids. “PFAS” includes PFOA and PFOS.
(5) “PFOA” means perfluorooctanoic acid and its salts.
(6) “PFOS” means perfluorooctanesulfonic acid or perfluorooctane sulfonate and its salts.
83 Del. Laws, c. 253, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter V. Drinking Water Protection Act › § 8093. Maximum contaminant level.

§ 8093. Maximum contaminant level.
(a) The Division shall work in collaboration with the Department to establish a maximum contaminant level for PFOA and PFOS in public drinking water systems in accordance with evidence-based standards and assessments conducted by the United States Environmental Protective Agency.
(b) By December 20, 2021, the Department and Division shall initiate the regulatory development process.
(c) By July 21, 2022, the Division shall conduct public hearings on proposed regulations.
(d) The Division in collaboration with the Department shall review all of the following to develop and revise on a periodic basis the maximum contaminant level established pursuant to this section:
(1) Assessments conducted by the United States Environmental Protection Agency.
(2) Information published in peer-reviewed journals.
(3) Delaware statewide survey data.
83 Del. Laws, c. 253, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter V. Drinking Water Protection Act › § 8094. Statewide survey.

§ 8094. Statewide survey.
(a) The Department in collaboration with the Division shall conduct a statewide survey on PFAS in drinking water using standard laboratory methods for PFAS developed by the United States Environmental Protection Agency and supplemental methods that the Department or Division determine meet project specific data quality objectives.
(b) On or before January 1, 2022, the Department shall provide all of the following to the Governor and the General Assembly:
(1) The results of the statewide survey mandated by this section.
(2) A specific plan for addressing any PFAS contamination identified in the statewide survey mandated by this section.
83 Del. Laws, c. 253, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8101. Establishment of Department of Agriculture.

§ 8101. Establishment of Department of Agriculture.
A Department of Agriculture is established having the following powers, duties and functions:
(1) The Department of Agriculture may perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in:
a. The State Board of Agriculture pursuant to Chapters 1, 3, 5, 11, 13, 15, 16, 17, 19, 21, 25, 31, 33 [repealed], 35, 37 [repealed], 39 [repealed], 51 [repealed], 53 [repealed], 55 [repealed], 63, 65 [repealed], 67, 71, 73, 75, 87 and 90 of Title 3 and Chapter 41 of Title 16;
b. The State Board of Agriculture and the State Division of Weights and Measures pursuant to Chapter 51 of Title 6;
c. The State Forestry Department and the State Forestry Commission pursuant to Chapters 29, 31 [repealed], 33 [repealed] and 35 [repealed] of Title 7 and State Tree Nursery.
(2) The administrative, ministerial, fiscal and clerical functions of the State Farmland Evaluation Advisory Committee set forth in § 8337 of Title 9.
29 Del. C. 1953, §  8101;  57 Del. Laws, c. 368, §  1;  59 Del. Laws, c. 372, §  10;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8102. Secretary; Deputy Secretary; Acting Secretary; appointment.

§ 8102. Secretary; Deputy Secretary; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of the Department of Agriculture, who shall be a person qualified by training and experience to perform the duties of the office. 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 $25,000. The Secretary of the Department of Agriculture 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 be an automatic resignation from said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. The Deputy Secretary so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such Deputy Secretary may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until the Secretary's successor is duly qualified and appointed.
29 Del. C. 1953, §  8102;  57 Del. Laws, c. 368, §  1;  67 Del. Laws, c. 52, §§  1, 2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8104. Division of Consumer Protection.

§ 8104. Division of Consumer Protection.
The Division of Consumer Protection is established having such powers, duties and functions as may be assigned to it by the Secretary consistent with this chapter.
29 Del. C. 1953, §  8104;  57 Del. Laws, c. 368, §  1;  67 Del. Laws, c. 52, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8105. Division of Promotion and Production Support.

§ 8105. Division of Promotion and Production Support.
The Division of Promotion and Production Support is established having such powers and duties and functions as may be assigned to it by the Secretary consistent with this chapter.
29 Del. C. 1953, §  8105;  57 Del. Laws, c. 368, §  1;  67 Del. Laws, c. 52, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8107A. Council on Forestry.

§ 8107A. Council on Forestry.
(a) There is established the Council on Forestry.
(b) The Council on Forestry shall serve in an advisory capacity to the Director of the Division of Production and Promotion and shall consider matters relating to the protection of state forest lands from fire, disease and insect damage including the application of control measures, the establishment of forest growth on denuded or nonforested lands and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of the Division of Production and Promotion. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Council on Forestry shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4 of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) 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.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
59 Del. Laws, c. 372, §  11;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8108. Governor's Council on Agriculture.

§ 8108. Governor's Council on Agriculture.
(a) (1) There is established the Governor's Council on Agriculture.
(2) For the purposes of this section:
a. “Council” means the Governor's Council on Agriculture.
b. “Department” means the Department of Agriculture.
c. “Secretary” means the Secretary of the Department of Agriculture.
(b) The Council is composed of 7 members who are appointed by the Governor for 3-year terms. The Governor shall appoint the chair, who serves as the chair at the pleasure of the Governor, from among the members.
(c) (1) The Council shall advise, recommend, and refer to the Secretary matters which, in its opinion, are of departmental concern and shall consider other matters that the Secretary or the Governor refer to it.
(2) The Council may study, research, plan, and advise the Secretary and the Governor on matters it deems appropriate to enable the Department to function in the best possible manner.
(d) The Governor shall consider geographical and other diversities when appointing a member to the Council.
(e) Members receive no compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.
(f) The Governor may appoint a member for a term less than 3 years to ensure that no more than 3 members' terms expire in a year.
(g) A majority of members must be present at a Council meeting in order to have a quorum and conduct official business is the majority of members. A vacant position is not counted for purposes of quorum.
29 Del. C. 1953, §  8108;  57 Del. Laws, c. 368, §  1;  57 Del. Laws, c. 764, §§  32A, 35;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 205, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8109. Books; records; access; annual report.

§ 8109. Books; records; access; annual report.
(a) The Governor's Council on Agriculture shall have access to all books, records, reports and other documents relating to the Department of Agriculture unless otherwise prohibited by law.
(b) The various councils of the divisions of the Department of Agriculture shall have access to all books, records, reports and other documents relating to their respective divisions unless otherwise prohibited by law.
(c) The Chairperson of the Governor's Council on Agriculture and the chairpersons of the councils of the divisions of the Department shall make an annual report of the activities of each of said councils to the Secretary of the Department, the Governor and the General Assembly, and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8109;  57 Del. Laws, c. 368, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8110. Exemptions.

§ 8110. Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Secretary of Agriculture;
(2) Deputy Secretary.
29 Del. C. 1953, §  8110;  57 Del. Laws, c. 368, §  1;  67 Del. Laws, c. 52, §§  9, 10;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8111. Assumption of powers.

§ 8111. 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 State Board of Agriculture, the State Division of Weights and Measures, the State Forestry Department, the State Forestry Commission, the State Apple Commission, the State Poultry Commission and all matters pertaining to privately owned forest and woodlands within the State immediately prior to April 15, 1970, and which are not otherwise hereinabove specifically transferred to the Department by this chapter.
29 Del. C. 1953, §  8111;  57 Del. Laws, c. 368, §  1;  59 Del. Laws, c. 372, §  12;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8112. Appeals.

§ 8112. 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 hereby transferred 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 hereby transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  8112;  57 Del. Laws, c. 368, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8113. Transfers and continuity.

§ 8113. Transfers and continuity.
(a) 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 hereby transferred to the Department, be construed as referring and relating to the Department of Agriculture as created and established by this chapter.
(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. 1953, §  8113;  57 Del. Laws, c. 368, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8114. Annual report.

§ 8114. 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, §  8114;  57 Del. Laws, c. 368, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8115. Misnomer of Department in donation.

§ 8115. 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, §  8115;  57 Del. Laws, c. 368, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8116. Budgeting and financing.

§ 8116. Budgeting and financing.
(a) The Secretary, in cooperation with the Deputy Secretary, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, §  8116;  57 Del. Laws, c. 368, §  1;  67 Del. Laws, c. 52, §  11;
2023 Delaware Code › Title 29 - State Government › Chapter 81. DEPARTMENT OF AGRICULTURE › § 8117. Supremacy.

§ 8117. 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, §  8118;  57 Del. Laws, c. 764, §  32B;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8201. Establishment of Department of Safety and Homeland Security.

§ 8201. Establishment of Department of Safety and Homeland Security.
A Department of Safety and Homeland Security is established.
29 Del. C. 1953, §  8201;  57 Del. Laws, c. 382, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8202. Secretary; division directors; Acting Secretary; appointment.

§ 8202. Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of the Department of Safety and Homeland Security, 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 and shall receive a salary to be determined by the Governor and specified in the Annual Operating Budget. The Secretary of the Department of Safety and Homeland Security 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 the Secretary retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office. The Secretary of the Department of Safety and Homeland Security shall have the power to appoint directors of divisions within the Department upon the written approval of the Governor. The division directors shall have the powers, duties and functions in the administration of their respective divisions as authorized by the Secretary.
(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 permanent removal of the Secretary and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting Secretary, including but not limited to, the Deputy Secretary of the Department or a director of any division within the Department. The Secretary may, during any temporary absence from the State, appoint the Deputy Secretary or the director of any division within 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 the Secretary's absence or incapacity, or until a successor duly qualified is appointed.
29 Del. C. 1953, §  8202;  57 Del. Laws, c. 382, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  4;  74 Del. Laws, c. 110, §  138;  76 Del. Laws, c. 391, §§  3-6;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8204. Division of Alcohol and Tobacco Enforcement.

§ 8204. Division of Alcohol and Tobacco Enforcement.
The Division of Alcohol and Tobacco Enforcement is established having powers, duties and functions as set forth in Chapter 4 of Title 4 and the youth access to tobacco laws in §§ 1115 through 1127 of Title 11.
63 Del. Laws, c. 195, §  2C;  69 Del. Laws, c. 314, §  5;  72 Del. Laws, c. 486, §  22;  74 Del. Laws, c. 250, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8205. Police Officer Standards and Training Commission.

§ 8205. Police Officer Standards and Training Commission.
(a) There is established the Police Officer Standards and Training Commission.
(b) The Police Officer Standards and Training Commission shall consider matters relating to police training, accreditation of police departments, possible suspension or decertification of police officer certifications, and such other matters as may be referred to it by the Governor or the Secretary of the Department.
(c) The Police Officer Standards and Training Commission shall be appointed as is provided in Chapter 84 of Title 11.
29 Del. C. 1953, §  8205;  57 Del. Laws, c. 382, §  1;  66 Del. Laws, c. 108, §  4;  84 Del. Laws, c. 149, § 3;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8206. Division of State Police.

§ 8206. Division of State Police.
(a) The Division of State Police 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 State Police and the Superintendent of the State Police, pursuant to subchapter I of Chapter 83 of Title 11;
(2) The State Highway Department, the State Highway Commission, the State Police, the Superintendent of the State Police and the State Bureau of Identification, pursuant to Chapter 85 of Title 11.
(b) Notwithstanding any law to the contrary, the Office of Narcotics and Dangerous Drugs shall be transferred to the Delaware State Police as part of the division's criminal investigations unit and shall be renamed the “Delaware State Police Drug Diversion Unit.”
29 Del. C. 1953, §  8206;  57 Del. Laws, c. 382, §  1;  78 Del. Laws, c. 155, §§  1, 2;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8208. Delaware Emergency Management Agency.

§ 8208. Delaware Emergency Management Agency.
(a) The Delaware Emergency Management Agency is hereby established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of Civil Defense, and its predecessor, the Department of Civil Defense pursuant to Chapters 31 and 33 of Title 20.
(b) Notwithstanding any other provisions of Chapter 69 of this title to the contrary, the Delaware Emergency Management Agency is authorized to utilize the United States Department of Defense, Defense Logistics Agency, Defense Supply Center Philadelphia, First/Emergency Responder Equipment Purchase Program or such other similar program for the procurement of material from the Authorized Equipment List of the U.S. Department of Homeland Security's State Homeland Security Grant Program or such other similar program with funds that may be provided by the U.S Department of Homeland Security, Office for Domestic Preparedness, to the extent that such purchase is authorized by federal laws and/or regulations.
29 Del. C. 1953, §  8208;  57 Del. Laws, c. 382, §  1;  58 Del. Laws, c. 558, §  1;  69 Del. Laws, c. 78, §  5;  76 Del. Laws, c. 280, §  284;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8213. Books, records; access; annual report.

§ 8213. Books, records; access; annual report.
(a) The Governor's Council on Public Safety [repealed] shall have access to all books, records, reports and other documents relating to the Department of Safety and Homeland Security unless otherwise prohibited by law.
(b) The various councils of the divisions of the Department of Safety and Homeland Security 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 Public Safety [repealed] and 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 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, §  8213;  57 Del. Laws, c. 382, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8214. Exemptions.

§ 8214. Exemptions.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of Public Safety;
(2) Superintendent of State Police;
(3) Director of Civil Defense;
(4) Director of Alcohol and Tobacco Enforcement;
(5) Director of the Division of Forensic Science; and
(6) Chief Medical Examiner.
29 Del. C. 1953, §  8214;  57 Del. Laws, c. 382, §  1;  57 Del. Laws, c. 670, §  28C;  66 Del. Laws, c. 108, §  3;  69 Del. Laws, c. 314, §  6;  72 Del. Laws, c. 486, §  27;  74 Del. Laws, c. 110, §§  130, 131;  74 Del. Laws, c. 250, §  1;  79 Del. Laws, c. 265, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8215. Assumption of powers.

§ 8215. 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 of the powers, duties and functions vested by law in the State Police Division of the State Highway Department, the Superintendent of the State Police, the State Communications Division, the State Bureau of Identification, the Motor Vehicle Division of the State Highway Department, the Motor Vehicle Commissioner, the Delaware Police Training Commission, the Department of Civil Defense and the Board of Boiler Rules immediately prior to the effective date of this chapter and which are not otherwise hereinabove specifically transferred to the Department by the chapter.
29 Del. C. 1953, §  8215;  57 Del. Laws, c. 382, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8216. Appeals.

§ 8216. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any functions hereby transferred 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 hereby transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  8216;  57 Del. Laws, c. 382, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8217. Definitions and references in other laws.

§ 8217. Definitions and references in other laws.
(a) The Department shall succeed to the custody and control of all moneys and personal property held by the State Police Division of the State Highway Department, the Superintendent of the State Police, the Motor Vehicle Division of the State Highway Department and the Motor Vehicle Commissioner belonging to persons under their jurisdiction.
(b) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function hereby transferred to the Department, be construed as referring and relating to the Department of Safety and Homeland Security as created and established herein.
(c) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created herein.
29 Del. C. 1953, §  8217;  57 Del. Laws, c. 382, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8218. Annual report.

§ 8218. 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, §  8218;  57 Del. Laws, c. 382, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8219. Misnomer of Department in donation.

§ 8219. 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, §  8219;  57 Del. Laws, c. 382, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8220. Budgeting and financing.

§ 8220. 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, §  8220;  57 Del. Laws, c. 382, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8221. Supremacy.

§ 8221. 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, §  8222;  57 Del. Laws, c. 670, §  27;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8222. Short title.

§ 8222. Short title.
Sections 8223-8230 of this title shall be known and may be cited as the “Hazardous Materials Transportation Act of 1979.”
62 Del. Laws, c. 123, §  1;  68 Del. Laws, c. 290, §  188;