reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9006B. Days open; duty to attend office; deputies.

§ 9006B. Days open; duty to attend office; deputies.
(a) State row offices shall be open each day except legal holidays, Saturdays and Sundays.
(b) A state row officer shall not refuse or neglect to attend at the office for the transaction of business, as required in subsection (a) of this section.
(c) A deputy of any state row officer may attend for the performance of such services as required in subsection (a) of this section, as are strictly ministerial.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9007B. Disposition of fees.

§ 9007B. Disposition of fees.
All the fees, costs, allowances and other perquisites which are taxable and paid to any state row offices for any official service rendered by any such offices shall be for the sole use of the State and when received shall be paid to the State Treasurer.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9008B. Duty to account for fees.

§ 9008B. Duty to account for fees.
(a) Every state row officer in each of the counties shall collect all fees, costs and allowances by law taxable by or payable to such officer, without any deduction, abatement or remission, except fees, costs and allowances payable by the State to such officers and shall keep in a properly indexed record an itemized account showing the amount of each fee, item of cost and allowance by law taxable by or payable to such officer and the service for which the same was rendered or charged, the date of payment and the name of the person paying the same. On or before the fifteenth day of each month, every such officer shall file with the State Treasurer an account of all fees, costs and allowances received by the State Treasurer in the preceding month, which account shall be so itemized that it may be compared with the fees, costs and allowances as entered in the record.
(b) The correctness of the accounts so rendered shall be verified by the affidavit of the officer rendering the same. Each of the officers shall also, on or before the fifteenth day in each month, pay over to the State Treasurer all the fees, costs and allowances so received from any source, which shall be payable to the State Treasurer as provided in § 9007A of this title.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9009B. Fee records; inspection and examination.

§ 9009B. Fee records; inspection and examination.
The fee records mentioned in this chapter shall be a part of the records of the office for which it is kept and shall be at all times open to inspection and examination.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9010B. Audit of fees.

§ 9010B. Audit of fees.
The State Auditor shall, not less than biannually, audit, inspect and examine the books, accounts, papers, records and dockets of the several state row officers and ascertain the amount due to the State in fees.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9011B. Liability for fees.

§ 9011B. Liability for fees.
Each state row officer is made liable upon a respective official bond, for the payment to the State Treasurer of all the fees which the officer shall collect. All the official bonds to be entered into by the officers shall contain the following condition:
“And if the said shall truly and without delay pay over to the State Treasurer all of the fees which it shall be his or her duty to collect and which are to be paid to the State Treasurer.” The State shall cause proceedings to be brought on any of the bonds for the breach of the foregoing condition for the recovery of the penalty therein.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9012B. Penalties for failure to collect and pay over fees.

§ 9012B. Penalties for failure to collect and pay over fees.
(a) If any state row officer fails, neglects or refuses for 10 days to pay over all fees, costs, allowances and perquisites the officer receives and collects for use of the State, or fails to collect the fees required to be paid by law, or demands or receives from any person any fee or allowance greater than is provided by law, the officer shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Such officer shall also be liable in a civil action for the amount of such fees, costs, allowances and perquisites as the officer may have thus illegally withheld.
(b) Whenever any officer is convicted under this section, the officer's conviction shall operate as a forfeiture of the office, and the officer shall be removed from office by the Governor within 10 days from the date of such conviction.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9013B. Bonds of state row officers.

§ 9013B. Bonds of state row officers.
(a) Every state row officer elected or appointed for any county shall, at the next term of the Superior Court in that county, after the officer's election or appointment, before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penalty of $3,000 with condition “that if the above named who has been duly elected (or appointed) to be shall and do well and diligently execute the office of as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to the officer's successor in office, the seal and all the books, records and papers belonging to said office safe and undefaced, and if the said shall truly and without delay pay over to the State Treasurer all the fees which it shall be the officer's duty to collect and which are to be paid to the State Treasurer, then this obligation shall be void and of no effect, or else shall remain in full force and virtue.”
(b) The obligations required by this section shall be forthwith delivered to the recorder of deeds in and for the county in which such officer sits to be recorded and filed.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9014B. Cancellations of bonds.

§ 9014B. Cancellations of bonds.
The several bonds and recognizances of the several officers provided for in this subchapter shall be cancelled 3 years after the expiration of the terms of office of the several officers and shall after such time cease to be a lien on any property of any kind of the several officers or their respective bondspersons.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9015B. Satisfaction of bonds.

§ 9015B. Satisfaction of bonds.
The bonds filed and recorded in the offices of the recorders of deeds in this State shall at the time designated in this subchapter be marked by the recorder “cancelled” and under the word “cancelled” the recorder shall sign the recorder's name as recorder and shall affix the official seal of office. The bond filed and recorded in the offices of the Prothonotaries of the Superior Courts in this State shall at the time designated in this subchapter be marked by the Prothonotary “cancelled” and under the word “cancelled” the Prothonotary shall sign the Prothonotary's name as Prothonotary and shall affix the official seal of office, and the original bonds shall be returned to the obligors, or if they are deceased, to their legal representatives.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9016B. Violation of bond requirements; penalty.

§ 9016B. Violation of bond requirements; penalty.
Whoever, being an officer within the provisions of this subchapter, neglects to comply with §§ 9013A-9015A of this title shall be fined not less than $500 nor more than $1,000, and shall, ipso facto, forfeit the office.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9017B. Mileage payments.

§ 9017B. Mileage payments.
The authorized mileage rate for officers or employees of the several counties who receive mileage from the State shall be 20 cents per mile.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9018B. Posting of fee lists.

§ 9018B. Posting of fee lists.
Every state row officer who keeps a public office shall post in some convenient and conspicuous place therein a printed or written list of the fees prescribed in this chapter, as they relate to the officer.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9019B. Deputy Prothonotaries.

§ 9019B. Deputy Prothonotaries.
(a) The state row officers each may select and employ 1 deputy Prothonotary who shall serve at the pleasure of the appointing officeholder. The provisions of this section shall not authorize any elected officeholder to increase the number of employees in any of the state row offices.
(b) The compensation to be paid the deputy Prothonotary shall be set by the appointing officeholder.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9020B. Jurisdiction.

§ 9020B. Jurisdiction.
The Superior Court shall have jurisdiction of offenses under this chapter.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter II. Deputies and Clerks › § 9031B. Duties and responsibilities of officers appointing deputies and clerks.

§ 9031B. Duties and responsibilities of officers appointing deputies and clerks.
All deputies and clerks shall be under the control of the officer by whom they are selected and employed, who may discharge any such deputy or clerk at any time, subject to the provisions of any applicable collective bargaining agreement or personal rules. The officer shall be responsible for all the official acts, neglects and defaults of all deputies and clerks the officer employs.
66 Del. Laws, c. 185, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter II. Deputies and Clerks › § 9032B. Powers and duties of chief deputies.

§ 9032B. Powers and duties of chief deputies.
The chief deputy or, if there is no chief deputy, the deputy employed by each of the officers shall be possessed of all the authority of their respective offices, and in the absence or disability of the duty elected officer, the chief deputy of such officer shall perform all duties of the office, until the vacancy so created shall be filled as required by the Constitution of the State.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9001C. Intent and purpose.

§ 9001C. Intent and purpose.
The General Assembly finds and declares that the way it manages information technology will play a strong role in determining the future success of the State. Information technology resources in state government are valuable strategic assets belonging to the citizens of Delaware and must be managed accordingly. The development and implementation of a single, common, statewide technology direction is fundamental to every aspect of state government including strengthening economic development, expanding education opportunities and providing the most efficient delivery of services to the citizens of Delaware. The General Assembly further finds and declares there is a critical role of information and information systems in the provision of life, health, safety, and other crucial services to the citizens of the State of Delaware and there is a need to mitigate the risk posed to these services due to ever-evolving cybersecurity threats.
73 Del. Laws, c. 86, §  1;  74 Del. Laws, c. 128, §  11;  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9002C. Establishment of the Department of Technology and Information.

§ 9002C. Establishment of the Department of Technology and Information.
A Department of Technology and Information is established within the Executive Department, and shall have the powers, duties and functions vested in the Department by this chapter.
73 Del. Laws, c. 86, §  1;  74 Del. Laws, c. 128, §  11;  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9003C. Definitions.

§ 9003C. Definitions.
For the purposes of this chapter:
(1) “Agency” or “state agency” includes 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 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 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, 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. “Agency” or “state agency” does not include the legislative and judicial branches of state government, any non-executive branch agencies of the government, or any university, or local education agencies.
(2) “CIO” means Chief Information Officer of the State.
(3) “Council” means Technology Investment Council.
(4) “Department” means the Department of Technology and Information.
(5) “State” means State of Delaware.
(6) “Technology” means the following resources and initiatives used to acquire, transport, process, analyze, store and disseminate information or data electronically:
a. Data centers, infrastructure, hardware, technology project management, telecommunications and networking, software applications, service desk, information security, data management, and database administration; and
b. Digital government and online initiatives.
73 Del. Laws, c. 86, §  1;  74 Del. Laws, c. 128, §  11;  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9005C. Communications powers, duties and functions.

§ 9005C. Communications powers, duties and functions.
[Transferred to §  9004C of this title by 82 Del. Laws, c. 185, § 1, effective August 5, 2019.]
74 Del. Laws, c. 128, §  11;  75 Del. Laws, c. 88, §  21(13);  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9006C. Requirements for agency technology projects.

§ 9006C. Requirements for agency technology projects.
(a) Within guidelines established by the Department of Technology and Information, no new technology project may be initiated by any agency unless covered by a formal project plan approved by the Department and agency head. Such plan will be in the form prescribed by the Chief Information Officer, but shall include in any case:
(1) A statement of work to be done, existing work to be modified or displaced;
(2) Total cost of system development and conversion effort including, but not limited to, systems analysis and programming costs, process reengineering, establishment of master files, testing, documentation, special equipment costs and all other costs, including full overhead;
(3) Savings or added operating costs that will result after conversion;
(4) Other advantages or reasons that justify the work;
(5) Source of funding of the work, including ongoing costs and staffing resources;
(6) Conformance with formal (or abbreviated, where applicable) information systems planning methodologies;
(7) Consideration of shared applications and data elements/bases;
(8) Consistency with budget submissions and planning components thereof; and
(9) End user and staff training as needed.
(b) No project is to be undertaken which is beyond the scope of work funded by the General Fund or a special fund. This paragraph applies to all technology performed by the Department of Technology and Information, an agency, or an outside contractor, and also applies to new technology programs or systems purchased or otherwise acquired and placed in use.
(c) All projects are to be authorized by the Chief Information Officer and the concerned agency head, or their designees, before work is begun, except such relatively minor feasibility work required to prepare the project.
(d) Management control and policy direction over all aspects of computerized data requirements definition, data acquisition, data storage and dissemination, data retention and data retirement standards shall be the sole province of the Department of Technology and Information.
(e) The creation and maintenance of statewide data dictionary in which each element of data is defined, collection responsibilities are affixed, and data access by legitimate users clearly defined, shall likewise be the responsibility of the Department of Technology and Information.
(f) To those ends, no agency shall:
(1) Claim unreasonable proprietary ownership of public domain information needed by another agency in the performance of its lawful duties, except as specifically excluded by law; or
(2) Create a computerized database outside of guidelines established by the Department of Technology and Information.
74 Del. Laws, c. 128, §  11;  75 Del. Laws, c. 88, §  21(13);  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9007C. Chief Information Officer.

§ 9007C. Chief Information Officer.
(a) The Administrator of the Department shall be the State's CIO. The CIO shall be appointed by the Governor, with the advice and consent of the Senate, shall serve at the pleasure of the Governor, and receive a salary to be determined by the Governor and specified in the annual Operating Budget.
(b) In the event of a vacancy in the position of CIO, including the death, resignation, temporary incapacity, or removal of the CIO, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as acting CIO.
73 Del. Laws, c. 86, §  1;  74 Del. Laws, c. 128, §  11;  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9009C. Budgeting and financing.

§ 9009C. Budgeting and financing.
The Chief Information Officer, in compliance with § 9008C(13) of this title, in cooperation with the internal program managers and office administrators, shall prepare a proposed budget for the operation of the Department of Technology and Information to be submitted for the consideration of the Director of the Office of Management and Budget, the Governor and the General Assembly. The Department of Technology and Information shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
74 Del. Laws, c. 128, §  11;  75 Del. Laws, c. 88, §  21(13);  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9010C. Exemptions from the merit system.

§ 9010C. Exemptions from the merit system.
(a) All employees of the Department, including the CIO, shall be exempt from Chapter 59 of this title.
(b) The CIO, with the advice of the Secretary of the Department of Human Resources, shall create a compensation plan. Implementation of said plan shall be contingent upon approval by the Director of the Office of Management and Budget and Controller General. Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization. Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the State.
74 Del. Laws, c. 128, §  11;  75 Del. Laws, c. 88, §§  21(13), 25(2);  81 Del. Laws, c. 66, §  59;  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9011C. State information security requirements

§ 9011C. State information security requirements
The Department of Technology and Information shall have the power to:
(1) Develop and implement a comprehensive information security program that applies personnel, process, and technology controls to protect the State's data, systems, and infrastructure, within the State's computing environment and on partner systems. All systems that connect to the State network shall comply with the State Information Security Program;
(2) Identify and address information security risks to each state agency, to third-party providers, and to key supply chain partners, including an assessment of the extent to which information resources, processes, or technologies are vulnerable to unauthorized access or harm, including the extent to which the entity's electronically stored information is vulnerable to unauthorized access, use, disclosure, disruption, modification, or destruction, and direct risk mitigation strategies, methods, and procedures to reduce those risks;
(3) Establish a central Security Operations Center (SOC) to direct statewide cyber defense and cyber threat mitigation. The SOC responsibilities shall include generating, collecting and analyzing security activity information to effectively identify and respond to cyber-attacks against the State;
(4) Implement technical compliance to state-owned technology as required by law. The Department may also implement technical compliance to state-owned technology that is recommended by private industry standards. The Department shall have the full cooperation of state agencies in identifying compliance requirements or industry standards; and
(5) Temporarily disrupt the exposure of an information system or information technology infrastructure that is owned, leased, outsourced, or shared by one or more state agencies in order to isolate the source of, or stop the spread of, an information security breach or other similar information security incident.
82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9013C. Technology Investment Council.

§ 9013C. Technology Investment Council.
(a) The Technology Investment Council (“Council”) consists of 9 members as follows:
(1) The Chief Information Officer, who serves as Chair of the Council.
(2) The Chief Justice of the Supreme Court.
(3) The Controller General.
(4) The Secretary of Finance.
(5) The Director of the Office of Management and Budget.
(6) 4 Cabinet level members appointed by the Governor.
(b) Members serving by virtue of position may appoint their deputy or equivalent position to serve in their stead and at their pleasure.
(c) The Council shall meet at least quarterly. A majority of members must be present at a Council meeting in order to have quorum and conduct official business. A vacant position is not counted for purposes of quorum.
(d) The Council may establish subcommittees as necessary to carry out business, responsibilities, or assigned projects. Noncommittee members may participate in subcommittee meetings and work. The subcommittee members may reach out for assistance as needed to accomplish the assigned project.
(e) The Department, through the Chief Information Officer, shall provide reasonable staff support to assist the Council in performing its duties under this title.
73 Del. Laws, c. 217, §  1;  74 Del. Laws, c. 128, §  11;  77 Del. Laws, c. 105, §§  2, 3;  82 Del. Laws, c. 185, § 1;  83 Del. Laws, c. 307, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9014C. Duties of the Technology Investment Council.

§ 9014C. Duties of the Technology Investment Council.
The duties of the Council are as follows:
(1), (2) [Repealed.]
(3) By November 15 of each year, the Council shall make recommendations to the Director of the Office of Management and Budget regarding the funding of technology for the coming fiscal year. Prior to making its recommendations, the Council shall confer with the Director of the Office of Management and Budget regarding the demands placed upon the state budget by nontechnology funding needs.
(4) Forward funding recommendations made under paragraph (3) of this section to the Governor in their entirety.
(5) Enforce active project management; review the progress of current projects to determine if the projects are on budget and have met project milestones; and, when necessary, recommend the termination of projects.
(6) [Repealed.]
(7) Identify opportunities to leverage expertise in strategically important areas of information technology by partnering with private sector entities.
73 Del. Laws, c. 217, §  1;  74 Del. Laws, c. 12, §  2;  74 Del. Laws, c. 127, §  1;  74 Del. Laws, c. 128, §  11;  75 Del. Laws, c. 88, §  21(13);  82 Del. Laws, c. 185, § 1;  83 Del. Laws, c. 307, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9015C. Misnomer of Department.

§ 9015C. Misnomer of Department.
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.
73 Del. Laws, c. 86, §  1;  74 Del. Laws, c. 128, §  11;  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9016C. Supremacy.

§ 9016C. 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.
73 Del. Laws, c. 86, §  1;  74 Del. Laws, c. 128, §  11;  82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9016E. State agency technology procurement and management.

§ 9016E. State agency technology procurement and management.
(a) The Department shall establish statewide technology standards for use in the procurement process. Further, if the Department has entered into a statewide contract for technology services or resources, then that contract is mandatory use for state agencies.
(b) The Department of Technology and Information shall have the full cooperation of state agencies in developing and implementing the sharing of data and information throughout the executive branch.
(c) The Department of Technology and Information shall enter into and develop service level agreements necessary to ensure that the state agencies have full access to secure, reliable, and efficient technology services.
82 Del. Laws, c. 185, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter I. General Provisions › § 9016F. Reallocation of technology personnel and equipment from executive branch agencies.

§ 9016F. Reallocation of technology personnel and equipment from executive branch agencies.
(a) All employees in executive branch agencies who are currently engaged in the exercise and performance of the powers, duties, and functions, as defined in this title and who are determined by the CIO to be necessary for the exercise and performance of the powers, duties, and functions as defined in this title are hereby reallocated to the Department. In addition, all executive branch agency employees who are determined by the CIO to have been engaged in providing necessary administrative, technical, or other support functions as defined in this title are hereby reallocated to the Department. In order to facilitate this reallocation, all executive branch agencies shall work in cooperation with the CIO, the Secretary of the Department of Human Resources, and the Director of the Office of Management and Budget to develop a detailed plan of implementation to reallocate and centralize all agency employees referenced in this section to the Department. This plan shall include but not be limited to any budgetary, operational, and regulatory changes necessary to implement such a centralization as well as service level agreements with state agencies to ensure continued operations.
(b) All technology equipment in executive branch agencies that is currently engaged in the exercise and performance of the powers, duties, and functions, as defined in this title and that is determined by the CIO to be necessary for the exercise and performance of the powers, duties, and functions as defined in this title are hereby reallocated to the Department. In order to facilitate this reallocation, all executive branch agencies shall work in cooperation with the CIO and the Director of the Office of Management and Budget to develop a detailed plan of implementation to reallocate and centralize all executive branch agencies equipment referenced in this section to the Department. This plan shall include but not be limited to any budgetary, operational, and regulatory changes necessary to implement such a centralization as well as service level agreements with state agencies to ensure continued operations.
82 Del. Laws, c. 185, § 1;  83 Del. Laws, c. 535, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter II. Internet Privacy › § 9017C. Definitions.

§ 9017C. Definitions.
As used in this subchapter, the following terms shall have the following meanings:
(1) “Collect” shall mean to store information, including via cookie technology, for purposes of retrieval at a later time to initiate communication with or make determinations about the person who is the subject of such information.
(2) “The Department” shall mean the Department of Technology and Information.
(3) “Disclose” shall mean to reveal, release, transfer, disseminate or otherwise communicate information orally, in writing or by electronic or other means, other than to the person who is the subject of such information.
(4) “Internet” shall mean a system of linked computer networks, international in scope, that facilitate data transmission and exchange.
(5) “Personal information” shall include, but not be limited to, any information concerning a natural person which, because of name, number, symbol, mark or other identifier, can be used to identify that natural person.
(6) “State agency” shall have the same meaning as that assigned to it in § 5804(10) of this Title.
(7) “State agency website” shall mean an internet website operated by or for a state agency. Such term shall include those websites operated on behalf of state agencies by other public or private entities, but shall not include any portions of the internet outside the control of the state agency.
(8) “User” shall mean any natural person who uses the internet to access a state agency website.
74 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter II. Internet Privacy › § 9018C. Development and implementation of agency privacy policies.

§ 9018C. Development and implementation of agency privacy policies.
(a) Each agency that maintains a state agency website shall develop a policy in conformity with the provisions of this subchapter. Each such policy shall include, but not be limited to, the following elements:
(1) A statement of any information, including personal information, the state agency website may collect with respect to the user and the use of the information;
(2) The circumstances under which information, including personal information, collected may be disclosed;
(3) Whether any information collected will be retained by the state agency, and, if so, the period of time that such information will be retained;
(4) The procedures by which a user may gain access to the collected information pertaining to that user;
(5) The means by which information is collected and whether such collection occurs actively or passively; and
(6) Whether the collection of information is voluntary or required, and the consequences, if any, of a refusal to provide the required information.
(b) The Department shall develop a model website privacy policy that can be utilized by state agencies to comply with this section. State agencies may modify or depart from this model policy, provided that the requirements of this subchapter are met.
74 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter II. Internet Privacy › § 9019C. Disclosure of agency privacy policies.

§ 9019C. Disclosure of agency privacy policies.
Each state agency shall post its internet privacy policy on its website. Such posting shall include a conspicuous and direct link to such privacy policy. The policy shall also be made available at no charge to other public and private entities.
74 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter II. Internet Privacy › § 9020C. Prohibition on disclosure of personal information.

§ 9020C. Prohibition on disclosure of personal information.
No state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information. For the purposes of this section, the voluntary disclosure of personal information to a state agency by a user through a state agency website, whether solicited or unsolicited, shall constitute consent to the disclosure of the information by the state agency for the specific purposes for which the user disclosed it to the state agency.
74 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter II. Internet Privacy › § 9021C. Exceptions.

§ 9021C. Exceptions.
Notwithstanding § 9020C of this title, a state agency may disclose personal information if the disclosure is:
(1) Necessary to perform the specific statutory duties of the state agency that collected or is collecting the personal information, or required by state or federal law or regulation;
(2) Made pursuant to a court order or by law; or
(3) If the information is used solely for statistical purposes and is in a form that cannot be used to identify any particular person.
74 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION › Subchapter II. Internet Privacy › § 9022C. Consistency with other code provisions.

§ 9022C. Consistency with other code provisions.
Nothing in this subchapter shall abridge public access to information available or permitted by any other provisions of the Delaware Code. Nothing in this subchapter shall authorize the disclosure of information the disclosure of which is prohibited or restricted by any other provisions of the Delaware Code.
74 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9002D. Secretary; appointment; salary; employees and assistants.

§ 9002D. Secretary; appointment; salary; employees and assistants.
(a) There shall be a Secretary of the Department of Human Resources, hereinafter referred to in this chapter as “Secretary,” to be appointed by and to serve at the pleasure of the Governor, with the advice and consent of the Senate. The Secretary shall be paid a salary established by the Governor within the limitation of the funds appropriated therefor.
(b) The Secretary may employ such employees as may be required to carry out the duties of this office and may fix the salaries of such employees within the limitations of the funds appropriated therefor.
(c) In the event of a vacancy in the position of Secretary, including the death, resignation, temporary incapacity or removal of the incumbent, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as acting Secretary.
(d) The Secretary may call upon any other state officer for such assistance as the Secretary may require and may employ such special help as it may require to carry out this chapter. The Secretary shall fix the compensation of such persons as may be employed to be paid out of such funds as the General Assembly may appropriate for that purpose.
81 Del. Laws, c. 66, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9004D. Exemptions.

§ 9004D. Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Secretary of the Department of Human Resources.
(2) Deputy Secretary.
(3) Director of Talent Management.
(4) Chief Diversity Officer.
(5) A Director of Employee and Labor Relations.
(6) A Director of Statewide Benefits and Insurance Coverage.
(7) Director of the Office of Women's Advancement and Advocacy.
(8) Director of Classification/Compensation and Talent Acquisition.
(9) Director of Training and Human Resource Solutions.
81 Del. Laws, c. 66, §  1;  70 Del Laws, c. 186,, §  1;  84 Del. Laws, c. 89, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9005D. Division of Talent Management.

§ 9005D. Division of Talent Management.
(a) The Division of Talent Management of the Department of Human Resources is hereby established, having the powers, duties and functions as follows. Consistent with the right of public employees to organize under Chapter 13 of Title 19, the Director of Talent Management shall have the following responsibilities:
(1) Attend meetings of the Merit Employee Relations Board, act as liaison between the Board and the Department of Human Resources, and cooperate with the staff of the Board in administrative and technical activities.
(2) To assume the central leadership role for the Executive Branch over matters relating to development and maintenance of statewide Department of Human Resources policies and procedures.
(3) [Repealed.]
(4) Encourage the development of more effective personnel administration within the departments and agencies in the state service and make available for this purpose the assistance and facilities of the Merit Employee Relations Board.
(5) Investigate from time to time the operation and effect of Chapter 59 of this title, and of the rules made thereunder and to report findings and recommendations to the Merit Employee Relations Board.
(6) Perform any other lawful acts necessary or desirable to carry out the provisions of Chapter 59 of this title and the rules adopted thereunder.
(b) The Director of Talent Management shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
81 Del. Laws, c. 66, §  1;  84 Del. Laws, c. 89, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9006D. Division of Diversity, Equity and Inclusion.

§ 9006D. Division of Diversity, Equity and Inclusion.
(a) The Division of Diversity, Equity and Inclusion of the Department of Human Resources is hereby established having powers, duties and functions as follows:
(1) The Division shall assume all responsibilities and oversight previously assigned to the Governor's Council on Equal Employment Opportunity.
(2) The Chief Diversity Officer shall have the following responsibilities:
a. Guide efforts to define, assess, and cultivate access, diversity, equity, and inclusion throughout state government.
b. Provide analysis of various forms of institutional data to benchmark and promote accountability for the diversity mission of state agencies.
c. Promote and provide education to foster an awareness and understanding of the various laws, regulations, and policies regarding nondiscrimination.
d. Collaborate with state agencies to identify policies and practices supporting the recruitment and retention of employees from historically underrepresented groups.
e. Develop diversity metrics and processes to assess diversity, equity, and inclusion efforts.
(b) The Chief Diversity Officer shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
81 Del. Laws, c. 66, §  1;  84 Del. Laws, c. 89, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9007D. Division of Employee and Labor Relations.

§ 9007D. Division of Employee and Labor Relations.
(a) The Division of Employee and Labor Relations of the Department of Human Resources is hereby established having powers, duties and functions as follows. The Director of the Division of Employee and Labor Relations shall have the following responsibilities:
(1) To establish management practices that address workplace fairness and stability in accordance with Merit law and Merit Rules.
(2) To assume the central leadership role for the Executive Branch over all matters relating to collective bargaining, and any other personnel and labor relations matters affecting the Executive Branch and its departments and agencies, including negotiations with employee organizations, labor arbitration, Public Employment Relations Board, Department of Labor, Equal Employment Opportunity Commission and other administrative proceedings.
(3) To assume responsibility for any other agreement or arrangements made involving employee organizations that represent employees subject to executive branch authority.
(b) The Director of Employee and Labor Relations shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
81 Del. Laws, c. 66, §  1;  84 Del. Laws, c. 89, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9008D. Division of Statewide Benefits and Insurance Coverage.

§ 9008D. Division of Statewide Benefits and Insurance Coverage.
(a) The Division of Statewide Benefits and Insurance Coverage of the Department of Human Resources is hereby established having powers, duties and functions as follows:
(1) With the exception of deferred compensation pursuant to Chapter 60A of this title and any other investment or retirement savings plan, the Director of Statewide Benefits and Insurance Coverage shall be responsible for the management and administration of all currently existing and future state employee benefits programs, including but not limited to group health, group life, flexible benefits, dental, vision, prescription, long-term care, disability, and supplemental benefits.
(2) Pursuant to § 6508 of Title 18.
(b) The Director of Statewide Benefits and Insurance Coverage shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
81 Del. Laws, c. 66, §  1;  84 Del. Laws, c. 89, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9010D. Division of Classification/Compensation and Talent Acquisition.

§ 9010D. Division of Classification/Compensation and Talent Acquisition.
(a) The Division of Classification/Compensation and Talent Acquisition of the Department of Human Resources is hereby established having powers, duties and functions as follows:
(1) Responsible for the management and administration of classification and compensation programs and processes for merit and merit comparable employees.
(2) Establish and maintain a roster of all employees in the classified service as defined in § 5903 of this title, setting forth pertinent data as to each employee, including the class, title of the position held, salary or pay, and any change in class title, pay or status.
(3) Administers the State's recruitment system for all branches of government.
(4) Responsible for the management and administration of recruitment programs and processes for sourcing, recruiting and hiring diverse talent in the Executive Branch.
(b) The Director of Classification/Compensation and Talent Acquisition shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
84 Del. Laws, c. 89, § 1;