reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter I. General Provisions › § 8717A. Misnomer of Division in donation.

§ 8717A. Misnomer of Division in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Division 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 Division, the estate or interest therein expressed or described.
63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter I. General Provisions › § 8718A. Budget.

§ 8718A. Budget.
The Director shall prepare a proposed budget for the operation of the Division to be submitted along with the proposal for the Department of State for the consideration of the Secretary, Governor and the General Assembly. The budget may be presented in any manner consistent with guidelines provided by the Director of the Office of Management and Budget; provided, however, that at least 1 budget unit, or successor budgetary component, shall detail the proposed budget for the support of tourism. The Division shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants or appropriations.
63 Del. Laws, c. 189, §  2;  75 Del. Laws, c. 88, §  21(13);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter I. General Provisions › § 8719A. Supremacy.

§ 8719A. 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All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.
63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter II. Delaware Strategic Fund › § 8727A. Findings and purpose; creation of the Fund.

§ 8727A. Findings and purpose; creation of the Fund.
(a) The General Assembly finds that Delaware's development finance programs are necessary to compete for new and existing businesses. Furthermore, the General Assembly finds the number and limited previous funding of finance programs of the Delaware Economic Development Office do not maximize efficiency of administration by the State or the business community. It is the intent of the General Assembly to solve this problem by consolidating the existing development finance programs of the Delaware Economic Development Office into a Delaware Strategic Fund.
(b) A special fund to be known as the “Delaware Strategic Fund” (“Fund”) shall be created.
(1) The Fund shall initially consist of $2,250,000 as authorized in 69 Del. Laws, c. 77 to the Delaware Economic Development Office on behalf of the Delaware Economic Development Authority (“Authority”) and funds subsequently appropriated to the Authority or the Division. Funds appropriated pursuant to this or subsequent acts are to be used for Fund activities as defined in the following paragraphs. The Fund shall also consist of present balances and future payments of moneys transferred from discontinued programs.
(2) The Fund shall be invested by the State Treasurer in securities consistent with the policies established by the Cash Management Policy Board. All moneys generated by the Fund shall be deposited in the Fund.
69 Del. Laws, c. 386, §  26;  69 Del. Laws, c. 458, §  1;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter II. Delaware Strategic Fund › § 8729A. Findings and determinations for assistance.

§ 8729A. Findings and determinations for assistance.
(a) The Authority shall draft rules and regulations pertaining to the Fund eligibility, and establish criteria to administer the Fund.
(b), (c) [Repealed.]
(d) The amount and type of assistance provided by the Division to a firm through the Strategic Fund will be based upon the following criteria:
(1) Consistency with state economic development strategies;
(2) Number of jobs created or retained;
(3) Competitiveness of Delaware versus other locations under consideration as measured by tax comparison and relative site location factors;
(4) Quality of jobs using measures such as the average wage and benefits of the jobs to be created or retained as compared to labor force characteristics of the county and community in which the project will be located;
(5) Comparative overall economic impact of the project at the state, county and local levels as measured by job creation and retention, private investment leverage and revenue generation;
(6) Feasibility of the project as determined by the applicant's business plan, business history and collateral or other financial resources available to adequately secure assistance; and
(7) Any environmental consideration related to siting decisions, manufacturing processes or byproducts.
69 Del. Laws, c. 386, §  26;  69 Del. Laws, c. 458, §  1;  72 Del. Laws, c. 489, §  39;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 9;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter III. Delaware Technical Innovation Program › § 8735A. Delaware Technical Innovation Program — Creation; definitions.

§ 8735A. Delaware Technical Innovation Program — Creation; definitions.
(a) There is hereby created the Delaware Technical Innovation Program to be administered by the Division.
(b) For the purpose of this subchapter the following definitions shall apply:
(1), (2) [Repealed.]
(3) “Small business” means a corporation, partnership, limited liability company, statutory or common law business trust, sole proprietorship or individual, operating a business for profit, with 100 employees or fewer, including employees employed in any subsidiary or affiliated corporation or other form of business entity which otherwise meets the requirements of the federal Small Business Innovation Research Program or Small Business Technology Transfer Program.
(4) “Small Business Innovation Research Program” or “SBIR Program” means that program, enacted pursuant to the Small Business Innovation Development Act of 1982 (P.L. 97-219) [15 U.S.C. § 638], which provides funds to small businesses to conduct innovative research having commercial application.
(5) “Small Business Technology Transfer Program” or “STTR Program” means that program, enacted pursuant to the Small Business Technology Transfer Act of 1992, P.L. 102-564 (15 U.S.C. § 638), which provides funds to small businesses to conduct jointly with nonprofit research institutions, cooperative research and development having commercial application.
66 Del. Laws, c. 351, §  1;  69 Del. Laws, c. 458, §  1;  74 Del. Laws, c. 314, §§  1-3;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter III. Delaware Technical Innovation Program › § 8736A. Duties.

§ 8736A. Duties.
In carrying out this Program, to promote technology development and utilization within the small business sector, the duties of the Division shall include but not be limited to:
(1) Promote the SBIR and STTR Programs among Delaware small businesses.
(2) Seek technical assistance for small businesses to participate more effectively in the federal SBIR and STTR Programs.
(3) Coordinate efforts with small business, institutions of higher education, financial institutions and government to affect timely development and utilization of new development of technology.
(4) Administer state matching funds in association with the Delaware Technical Innovation Program for the federal SBIR and STTR Programs to provide state matching funds to compensate for the lag between federal Phase I and Phase II awards under the SBIR and STTR Programs.
(5) Coordinate efforts within the business sector to commercialize innovative products and processes developed by small businesses.
(6) Assist small businesses that are engaged in technology development and utilization in obtaining private sector financing.
(7) Develop job training programs to meet specific needs for small business.
(8) Review and recommend ways of streamlining relevant state regulations to expedite the development of innovative products and processes.
66 Del. Laws, c. 351, §  1;  69 Del. Laws, c. 458, §  1;  74 Del. Laws, c. 314, §§  4-6;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter III. Delaware Technical Innovation Program › § 8737A. Matching funds for federal Small Business Innovation Research Program.

§ 8737A. Matching funds for federal Small Business Innovation Research Program.
(a) The State may provide matching funds up to a maximum of the federal grant for Phase I if:
(1) A small business has won a Phase I award in the federal SBIR or STTR Programs;
(2) Such small business has submitted a proposal for a Phase II award;
(3) Such small business' principal place of business is located in this State; and
(4) Such small business certifies that the research to be conducted will benefit the Delaware economy.
(b) The Council shall establish criteria and the Division shall administer the state matching funds.
66 Del. Laws, c. 351, §  1;  74 Del. Laws, c. 314, §  7;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter V. The Small Business Revolving Loan and Credit Enhancement Fund › § 8746A. Legislative intent.

§ 8746A. Legislative intent.
The General Assembly finds that small businesses in the State are of vital significance to Delaware's economic well-being and that small businesses provide the vast majority of jobs in the State. The General Assembly also finds that small businesses have a difficult time borrowing needed funds on a conventional basis due to the high cost of these funds and the reluctance of banks to provide 100 percent financing. To help allay these obstacles, the General Assembly hereby directs the Division to use the Small Business Revolving Loan and Credit Enhancement Fund to assist small businesses in reducing the cost of loan funds by offering partial, low-cost loans or by purchasing credit enhancements for small business' sustenance and growth.
67 Del. Laws, c. 46, §  26(a);  69 Del. Laws, c. 77, §  25(a);  69 Del. Laws, c. 458, §  1;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter V. The Small Business Revolving Loan and Credit Enhancement Fund › § 8747A. Creation of the Fund.

§ 8747A. Creation of the Fund.
(a) A special fund to be known as the “Small Business Revolving Loan and Credit Enhancement Fund,” hereinafter referred to as the “Fund” shall be created and administered by The Delaware Economic Development Authority, hereinafter referred to as the “Authority.”
(b) The Fund shall be invested by the State Treasurer in securities consistent with the policies established by the Cash Management Policy Board. All interest on the Fund's moneys and any repayment of loans shall be deposited in the Fund.
(c) Loans made by the Authority to small businesses under the Fund shall be loaned at a below-market rate.
67 Del. Laws, c. 46, §  26(a);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter V. The Small Business Revolving Loan and Credit Enhancement Fund › § 8748A. Fund purposes.

§ 8748A. Fund purposes.
(a) The moneys appropriated to the Fund may be used by the Authority for loans up to 25 percent of the total debt required, but not to exceed $100,000 for working capital and fixed asset purposes.
(b) The moneys appropriated to the Fund may also be used to purchase credit enhancements on behalf of targeted businesses which shall support loans made by and/or through financial institutions to such targeted businesses. Credit enhancements purchased shall not exceed $100,000 and the credit enhancement amount purchased shall be determined by the Authority.
(c) The moneys appropriated to the Fund shall not be used for the following purposes:
(1) Grants;
(2) Restaurants and professional office buildings except in those targeted census tracts, defined in § 2020(1)d. of Title 30;
(3) Projects which do not attract or retain employment opportunities;
(4) Private, nonprofit activities; and
(5) Private or public speculative real estate ventures.
67 Del. Laws, c. 46, §  26(a);  67 Del. Laws, c. 285, §  21(a);  69 Del. Laws, c. 77, §  25(b);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter V. The Small Business Revolving Loan and Credit Enhancement Fund › § 8749A. Fund eligibility.

§ 8749A. Fund eligibility.
In order for a project to be eligible for the Fund purposes cited in § 8748A of this title, the project must meet the following criteria:
(1) For the purpose of administering the Fund, a small business shall be defined as a firm having a full-time equivalent complement of 100 or fewer Delaware based employees at the time of application;
(2) The firm to benefit from Fund proceeds must create or retain direct, permanent, quality, full-time jobs;
(3) The firm eligible for Fund proceeds must be eligible for and have received commitments for at least 75 percent of the debt amount needed;
(4) The firm eligible for Fund proceeds must be able to collateralize the Fund proceeds to the satisfaction of the Authority which shall use to the greatest extent possible bank like underwriting procedures;
(5) The firm eligible for Fund proceeds must be able to repay the Fund proceeds within a time period and at an interest rate determined by the Authority; and
(6) Projects to be aided by the Fund shall be recommended by the Council on Development Finance (“Council”) and approved by the Chairperson of the Authority. No project shall receive any benefit from the Fund unless such benefit is approved by a majority of the Council.
67 Del. Laws, c. 46, §  26(a);  67 Del. Laws, c. 285, §  21(b), (c);  69 Del. Laws, c. 77, §§  25(c)-(e);  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8756A. Bonds.

§ 8756A. Bonds.
(a) The bonds authorized to be issued by this subchapter shall be authorized by a resolution and shall be of such series; bear such date or dates; mature at such time or times, not exceeding 20 years for state-guaranteed bonds; bear interest at such rate or rates; be in such denominations; be of a single denomination payable in installments; be in such form, either coupon or fully registered without coupon; carry such registration, exchangeability and interchangeability privileges; be payable in such medium of payment and at such place or places; be subject to such terms of redemption; and be entitled to such priorities in the revenues of the Authority as such resolution may provide. The bonds shall bear the manual or facsimile signature of the Director, and of the Secretary of the Council on Development Finance, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the Director. Any such bonds may be issued and delivered notwithstanding the fact that 1 or more of the officials signing such bonds, or whose facsimile signature shall be upon the bonds or coupons, shall have ceased to be such official or officials at the time when such bonds shall actually be delivered.
(b) The bonds may be sold at public or private sale for such price or prices as the Authority shall determine. Any bonds may be consolidated for sale with any other bonds of the Authority and sold as a single issue. Pending the preparation of the definitive bonds, temporary bonds may be issued to the purchaser or purchasers of such bonds and may contain such terms and conditions as the Authority may determine.
6 Del. C. 1953, §  7004;  53 Del. Laws, c. 167;  57 Del. Laws, c. 679, §  3C;  58 Del. Laws, c. 316, §  7;  62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §§  5(a)-(c), (e);  63 Del. Laws, c. 387, §  15;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8757A. Covenants with bondholders.

§ 8757A. Covenants with bondholders.
(a) The Authority shall have the power to covenant and to agree with the holders of bonds in order to secure the payment of such bonds, as to:
(1) The custody, security, use, expenditure, investment or application of the proceeds of bonds;
(2) The use, regulation, operation, maintenance, insurance or disposition of all or any part of any project;
(3) The payment of the principal, premium, if any, and interest on bonds, the sources and methods of payment thereof, the rank or priority of any such bonds as to any lien or security or the acceleration of the maturity of any such bonds;
(4) The use and disposition of any moneys of the Authority, including all revenues;
(5) The mortgage, pledge, assignment or deposit of all or any part of the revenues or other moneys of the Authority or of all or any part of a project to secure the payment of the principal, premium, if any, and interest on bonds, and the powers and duties of any trustee or agent with regard thereto;
(6) The segregation of revenues or other moneys of the Authority into reserves and sinking funds, and the source, custody, investment, security, regulation, application and disposition thereof;
(7) The rents, fees or other charges for the use of any project, including any parts, replacements or improvements thereafter constructed or acquired, and the fixing, establishment, collection and enforcement of the same;
(8) Any limitation on the issuance of additional bonds or on the incurrence of indebtedness of the Authority;
(9) Any vesting in a trustee or trustees, fiscal or escrow agent or agents, within or without the State, or such property, rights, powers and duties as the Authority may determine, and any limitation on the rights, duties and powers of such trustee or agent;
(10) The payment of costs or expenses incident to the enforcement of the bonds, the resolution or any covenant or contract with the holders of bonds;
(11) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given or evidenced; or
(12) Any other matter or course of conduct which, by recital in a resolution, is declared to secure further the payment of the principal, premium, if any, or interest on bonds.
(b) All such provisions of a resolution and all such covenants and agreements shall constitute valid and legally binding contracts between the Authority and the several holders of bonds to which they relate, regardless of the time of issuance of such bonds.
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8758A. Pledge of revenues or other property.

§ 8758A. Pledge of revenues or other property.
Any pledge of revenues or other property made by the Authority shall be valid and binding from the time when the pledge is made. Revenues so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge or revenues or other property shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority, whether or not such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded; however, copies of such resolution or instrument shall be retained by the Authority.
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8759A. Limitation on liability of State.

§ 8759A. Limitation on liability of State.
(a) Bonds, other than state-guaranteed bonds, issued pursuant to this subchapter shall not constitute a debt of the State or any political subdivision or any agency thereof, or a pledge of the full faith and credit or taxing power of the State or any political subdivision or any agency thereof, and shall not obligate the State or the Authority to make any appropriation for their payment.
(b) All bonds, other than state-guaranteed bonds, shall contain on the face thereof a statement to the following effect:
“Neither the faith and credit nor the taxing power of the State is pledged to the payment of the principal of, premium, if any, or interest on this bond, nor is the State or the Delaware Economic Development Authority in any manner obligated to make any appropriation for payment thereof.”
(c) State-guaranteed bonds shall be a debt of the State.
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a), (b);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8760A. Negotiability of bonds.

§ 8760A. Negotiability of bonds.
The bonds and any coupons appurtenant thereto shall be negotiable instruments and securities under the Uniform Commercial Code of the State.
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8762A. Limitation of powers of State.

§ 8762A. Limitation of powers of State.
The State pledges to and agrees with any holder of the bonds that the State will not limit or alter the rights vested in the Authority until all bonds at any time issued, together with the interest thereon and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders, are fully met and discharged. Nothing herein contained shall preclude such limitation or alteration, if, and when, adequate provision shall have been made by law for the protection from impairment of the contracts represented by such bonds.
6 Del. C. 1953, §  7006;  53 Del. Laws, c. 167;  58 Del. Laws, c. 316, §  10;  62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8764A. Bonds as legal investments for institutions and fiduciaries.

§ 8764A. Bonds as legal investments for institutions and fiduciaries.
Bonds issued under this subchapter are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks or societies, trust companies, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control. State-guaranteed bonds are made securities which may properly and legally be deposited with and received by any officer of the State, or of any county, municipality or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
6 Del. C. 1953, §  7007;  53 Del. Laws, c. 167;  58 Del. Laws, c. 316, §  11;  62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a), (b);  63 Del. Laws, c. 387, §  13(b);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8765A. Exemption from taxation.

§ 8765A. Exemption from taxation.
(a) Interest on bonds issued under this subchapter shall be exempt from income taxation by the State or any political subdivision thereof.
(b) Any real or personal property of the Authority which is not used by an assisted person as part of, or in connection with, a project shall be exempt from any and all taxation by the State or any political subdivision thereof.
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a), (b);  63 Del. Laws, c. 387, §  13(b);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8766A. Property of Authority exempt from judicial process.

§ 8766A. Property of Authority exempt from judicial process.
All property of the Authority shall be exempt from execution process, and no attachment, sequestration, execution, levy or other judicial process shall issue against the same, nor shall any judgment against the Authority be a charge or lien upon its property; provided, however, that nothing herein contained shall apply to or limit the rights of the holder of any bonds to pursue any remedy for the enforcement of any pledge or lien given by the Authority on or with respect to any project or any revenues or other moneys.
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a);  63 Del. Laws, c. 387, §  13(b);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8767A. Liberal construction of subchapter.

§ 8767A. Liberal construction of subchapter.
This subchapter, being necessary for the prosperity and welfare of the State and its citizens, shall be liberally construed to effect the purposes of this subchapter.
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a), (b);  63 Del. Laws, c. 387, §  13(b);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VII. Delaware Economic Development Authority › § 8768A. Inconsistent laws inapplicable; facsimile signatures.

§ 8768A. Inconsistent laws inapplicable; facsimile signatures.
Insofar as any provision of this subchapter is inconsistent with any general, special or local laws, or part thereof, this subchapter shall be controlling. Facsimile signatures of officers of the Authority and the Council on Development Finance on bonds issued by the Authority shall have the same legal effect as the manual signatures of such officers, whether or not such officer filed with the Secretary of State the officer's manual signature certified by the officer under oath in accordance with the Uniform Facsimile Signatures of Public Officials Act [§ 5401 et seq. of this title].
62 Del. Laws, c. 269, §  1;  63 Del. Laws, c. 189, §  5(a), (b);  63 Del. Laws, c. 387, §  13(b);  68 Del. Laws, c. 405, §  20;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VIII. Delaware Economic Development Training Act › § 8770A. Definitions.

§ 8770A. Definitions.
(a) “Added cost to employers” means the actual increased costs incurred by employers when they assume the responsibility for career worksite training. Such increased costs must be specifically identified and may include such costs as those incurred for training supervision, maintaining training records, monitoring the progress of training and implementing performance standards, additional costs of production time allocated for training on the job, wage subsidies to trainees and similar functions essential to career worksite training programs.
(b) “Classroom instruction” means job-related instruction on or off the jobsite, the provision of which is normally outside of scheduled working hours and is neither in the course of production nor in the course of rendering a service. Classroom instruction can be used in coordination with on-site training so that the skills acquired both in the classroom and on the job are mutually reinforced in a manner that enhances the career education and the productivity of the trainee.
(c) “Covered costs of classroom instruction” means costs incurred in the provision of classroom instruction for both entry level and on-site training and may include specially identified costs incurred for instructors, classroom space and facilities, liability insurance, administrative support services and related costs. To the extent possible, funds allocated from this source shall be utilized in the provision of classroom training. Costs such as those for specialized equipment and materials not appropriately attributable to classroom training shall not be allowed.
(d) [Repealed.]
(e) “Eligible applicant” means an applicant who may apply for funds that are made available to fund the purposes of this subchapter. Eligible applicants shall include, but not be limited to, local education agencies, employers, employee organizations, community-based organizations and other providers of training with demonstrated effectiveness, or any combination thereof. No party to a collective bargaining agreement shall be an eligible applicant unless all parties to the agreement apply in writing.
(f) “Entry level training” means instruction conducted in the classroom, worksite or any combination thereof which is short-term in nature and is either preparatory for employment or an integral part of employment in an entry classification in a particular occupation or industry.
(g) [Repealed.]
(h) “On-site training” means the progressive development of skills associated with a defined set of work processes to be covered sequentially in the course of employment in an occupation, trade or industry and shall be consistent with a career pattern of advancement, as measured by skill proficiency and the progression of earnings and related benefits that is recognized within the occupation, trade or industry.
64 Del. Laws, c. 460, §  6;  69 Del. Laws, c. 458, §  1;  71 Del. Laws, c. 163, §  1;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter VIII. Delaware Economic Development Training Act › § 8772A. Powers and duties.

§ 8772A. Powers and duties.
(a) The Director shall carry out the provisions of this subchapter and adopt rules, regulations and guidelines as necessary to implement and administer the program and may enter into contracts with eligible applicants for the purpose of funding approved programs.
(b) In order to assure timely coordination and cooperation between the State, local training providers, employee organizations, employers and industry representatives, the Director shall appoint staff, employ consultants and incur such other administrative expenses as are necessary to carry out the provisions of this subchapter.
(c) The Director may contract with eligible applicants for amounts not in excess of $100,000 per contract; provided, however, that such contracts shall be used exclusively for programs which are consistent with this subchapter and, provided further, that the contract is made only after:
(1) Receipt of an application from the eligible applicant which contains a proposal for a program of skills training and education, including a description of the program, the type of skills training or education to be provided, a statement of the total cost of the program and a breakdown of the costs associated with equipment, personnel, facilities and materials, a statement from a designated business or industry of the employment need for the program and evidence in support thereof, a statement of the technical assistance and financial support for the program received or to be received from business and industry, assurance that at least 25 percent of the trainees are Delaware residents and such other information as the Director shall request;
(2) The commitment of financial support from business or industry shall be equal to the amount of the requested contract, except that the Director may waive the requirement for such matching financial support upon finding that the program funded by the contract will materially increase the employment opportunities for targeted individuals and that the businesses or industries participating in the program have agreed to contribute personnel, facilities, equipment, supplies, stipends or other items of value to the program in an amount approved by the Director; and
(3) Binding commitment shall be made to the Director by the applicant for adequate reporting of information and data regarding the program, particularly information concerning the recruitment and employment of trainees and students, and including a requirement for a periodic audit of the books of the applicant directly related to the program, and such control on the part of the Director as the Director shall consider prudent over the management of the program, so as to protect the use of public funds including, at the discretion of the Director and without limitation, right of access to financial and other records of the applicant directly related to the program.
64 Del. Laws, c. 460, §  6;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 163, §  2;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter IX. Allocation of State Private Activity Bond Ceiling to Governmental Units, Establishment of Industrial Revenue Bond Committee and Reporting Requirements › § 8790A. Definitions.

§ 8790A. Definitions.
The following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings:
(1) “Authority” means the Delaware Economic Development Authority created by § 8753A of this title.
(2) “Chairperson” means the Chairperson of the Authority.
(3) “Chief elected official” means the highest elected official of any political subdivision of the State, including, but not limited to, the County Executive of New Castle County, the President of the Sussex County Council, the President of the Levy Court of Kent County and the Mayor of the City of Wilmington.
(4) “Code” means the Internal Revenue Code of 1986, as amended.
(5) “Committee” means the Industrial Revenue Bond Committee established pursuant to § 8792A of this title.
(6) “Private activity bond” has the meaning ascribed to that term in the Code.
(7) “Secretary of Finance” means the Secretary of Finance of this State.
(8) [Repealed.]
(9) “State ceiling” has the meaning ascribed to that term in the Code.
(10) “Volume cap” has the meaning ascribed to that term in the Code.
65 Del. Laws, c. 212, §  17(a);  66 Del. Laws, c. 92, §  16(a);  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter IX. Allocation of State Private Activity Bond Ceiling to Governmental Units, Establishment of Industrial Revenue Bond Committee and Reporting Requirements › § 8791A. Allocation of state ceiling.

§ 8791A. Allocation of state ceiling.
(a) The state ceiling applicable to the State for each calendar year is allocated, and the volume cap for the state and local governmental issuers for each calendar year after 1987 is, as follows:
Annual Volume Cap
State
50.0 Percent
New Castle County
17.5 Percent
City of Wilmington
12.5 Percent
Kent County
10.0 Percent
Sussex County
10.0 Percent
(b) The entire volume cap of the State for each calendar year shall be retained by the State for future allocation by the Governor among the Delaware State Housing Authority and the other governmental issuers within the State.
(c) Each issuer's volume cap may be used for any type of private activity bond and other tax-exempt obligations to which § 146 of the Code [26 U.S.C. § 146] applies.
(d) The Governor shall have the right, by executive order, to modify the allocations made under subsection (a) of this section; provided, however, that no such modification shall cause any obligation issued prior to the date of such modification to lose its qualification for tax-exempt treatment under the Code. This authority given to the Governor shall be exercisable by the Governor in the Governor's discretion, but in so doing, the Governor shall consider any recommendation by the Committee that is adopted by a majority of the Committee's members.
(e) An issuer's application and allocation of any portion of its volume cap to any obligations of such issuer shall be considered effective upon such issuer's delivery to the Secretary of Finance of a notice of the issuance of the obligations identifying the issuer, the proposed purchaser of such obligations, the amount of its volume cap allocated to such obligations and the purpose of the financing, and providing such other information as the Secretary of Finance may require. Upon the request of any issuer, the Governor or the Secretary of Finance shall certify, based on notices of issuance and notices of reassignments filed with the Secretary of Finance pursuant to this section, whether or not:
(1) Volume cap in the required amount is available for the issuer in connection with the issuance of certain of its obligations; and
(2) There is a valid allocation of volume cap for such issue pursuant to Section 146 of the Internal Revenue Code of 1986 [26 U.S.C. § 146].
(f) At the end of each calendar year commencing with calendar year 2020, any volume cap of a city or county, which has not been used by a city or county as determined by the records of the Secretary of Finance, automatically reverts to the State, and is carried forward subject to subsection (d) of this section and requirements of the Code.
65 Del. Laws, c. 212, §  17(a);  66 Del. Laws, c. 92, §  16(a);  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 378, §  44;  73 Del. Laws, c. 95, §  58;  81 Del. Laws, c. 49, §  1;  82 Del. Laws, c. 226, § 5;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter IX. Allocation of State Private Activity Bond Ceiling to Governmental Units, Establishment of Industrial Revenue Bond Committee and Reporting Requirements › § 8792A. Industrial Revenue Bond Committee.

§ 8792A. Industrial Revenue Bond Committee.
(a) There is hereby established the Industrial Revenue Bond Committee, to be composed of the Chairperson, the Secretary of Finance, a representative of the Delaware State Housing Authority and 1 representative each from Sussex County, New Castle County, Kent County and the City of Wilmington, appointed by each jurisdiction pursuant to those procedures deemed by such jurisdiction to be necessary and appropriate. The Chairperson shall be the Chairperson of the Committee.
(b) The Committee shall make recommendations to the Governor of the State regarding modification of the allocation of the state ceiling made in § 8791A(a) of this title. The Secretary of Finance shall be responsible for monitoring the volume of private activity bonds issued by each of the participating jurisdictions and for recommending to the Committee changes in the allocation of the state ceiling as circumstances dictate.
(c) The Committee shall meet at such times and in such places as its members determine to be appropriate for carrying out its functions and purposes. The Committee shall engage in other activities to promote the cooperation of jurisdiction on economic development projects within the State. The Secretary of Finance shall report to the Governor, the General Assembly and the Committee at the conclusion of each year on the projects financed with private activity bonds and on other matters as appropriate.
65 Del. Laws, c. 212, §  17(a);  66 Del. Laws, c. 92, §  16(a);  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 87A. ECONOMIC DEVELOPMENT › Subchapter IX. Allocation of State Private Activity Bond Ceiling to Governmental Units, Establishment of Industrial Revenue Bond Committee and Reporting Requirements › § 8793A. Reports to Secretary of Finance.

§ 8793A. Reports to Secretary of Finance.
(a) The Secretary of Finance is authorized to make such rules and regulations requiring any issuer allocated a volume cap for any calendar year under § 8791A of this title to file with the Secretary of Finance such reports as the Secretary of Finance may deem necessary to carry out the purposes of this subchapter. Any such reports required by the Secretary of Finance shall contain at least the following information with respect to each obligation issued or planned to be issued by such issuer:
(1) A brief description of the project financed or to be financed by such obligation;
(2) The amount of such obligation that is subject to such issuer's volume cap, and, to the extent that any portion of such obligation is claimed to be not subject to its volume cap, an opinion of bond counsel to that effect;
(3) The date of issuance of such obligation or the date of preliminary approval if such obligation has not yet been issued; and
(4) A status report on the issuance, including the anticipated date of issue, if not yet issued.
(b) A copy of any report required by the Secretary of Finance pursuant to subsection (a) of this section shall be filed with the Secretary of Finance. In turn, the Secretary of Finance shall compile such reports and distribute the compilation to each issuer.
65 Del. Laws, c. 212, §  17(a);  66 Del. Laws, c. 92, §  16(a);  81 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8902. Appointment, qualifications, etc., of Commissioner; Deputy Commissioner; bureau chiefs; Acting Commissioner.

§ 8902. Appointment, qualifications, etc., of Commissioner; Deputy Commissioner; bureau chiefs; Acting Commissioner.
(a) The administrator and head of the Department shall be the Commissioner of the Department of Correction, who shall be a person qualified by training and experience to perform the duties of the office. The Commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Commissioner shall be paid an annual salary as approved by the General Assembly. The Commissioner of the Department of Correction 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 Commissioner of the Department of Correction shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.
(b) In the event the position of Commissioner is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy Commissioner and bureau chief as are vacant. Deputy Commissioner and chiefs so appointed shall serve at the pleasure of the Governor, and, upon the position of Commissioner being filled, such Deputy Commissioner and chiefs may be removed from office by the Commissioner with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Commissioner and prior to the appointment of a successor, the Governor may appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner. The Governor may during the Commissioner's absence from the State appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner during such absence. In either case, the Acting Commissioner shall have all the powers and perform all the duties and functions of the Commissioner during such absence or incapacity or until the successor is duly qualified and appointed.
60 Del. Laws, c. 251, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  9;  78 Del. Laws, c. 305, §  4;  83 Del. Laws, c. 31, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8904. Powers, duties and functions — Department.

§ 8904. Powers, duties and functions — Department.
The Department of Correction shall have the powers, duties and functions as follows:
(1) To perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
The Division of Corrections, pursuant to Chapter 79 of this title, which was vested with the powers, duties and functions which were previously vested in:
a. The Department of Correction and the Board of Correction pursuant to Chapters 43 and 65 of Title 11;
b. [Repealed.]
(2) The Department of Correction shall furnish the Board of Parole adequate office facilities and supplies to properly perform its duties pursuant to Chapter 43 of Title 11.
60 Del. Laws, c. 251, §  14;  64 Del. Laws, c. 108, §  15;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8906. Exemptions from merit system.

§ 8906. Exemptions from merit system.
All of the following positions set forth in this section shall specifically be exempt from Chapter 59 of this title, as well as any others allowed by Chapter 59 of this title:
(1) Commissioner of Correction.
(2) Deputy Commissioner of Correction.
(3) Chiefs as established by this chapter, as well as any hereafter established, by the Commissioner, with the approval of the Governor.
60 Del. Laws, c. 251, §  14;  83 Del. Laws, c. 31, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8907. Assumption of functions.

§ 8907. Assumption of functions.
The Department of Correction, through appropriate bureaus, agencies and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions which were the previous responsibilities of the Division of Adult Corrections immediately prior to July 1, 1975, and which are not otherwise specifically transferred to the Department by this chapter.
60 Del. Laws, c. 251, §  14;  64 Del. Laws, c. 108, §  18;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8908. Appeals.

§ 8908. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any bureau or subbureau thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the bureau, subbureau or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
60 Del. Laws, c. 251, §  14;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8909. Definitions and references in other laws.

§ 8909. Definitions and references in other laws.
(a) 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 transferred to the Department, be construed as referring and relating to the Department of Correction 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 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.
60 Del. Laws, c. 251, §  14;