reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8223. Declaration of policy; findings of fact.

§ 8223. Declaration of policy; findings of fact.
(a) The purpose of this Act and the primary standard by which it shall be administered, is to so regulate the transportation of hazardous materials, and assure compliance with the Code of Federal Regulations herein adopted, that there is established and maintained a reasonable balance between the interests of the people in the safety of themselves and their property, on the one hand, and the interest of the people in their employment and economic prosperity, on the other.
(b) It is hereby found as a fact that hazardous materials are essential for various industrial, commercial and other purposes, that their transportation is a necessary incident of their use and therefore that such transportation is required for the employment and economic prosperity of the people. It is also found as a fact that the transportation of hazardous materials may involve risk of injury to persons and damage to property, and that the degree of such risk can and should be kept at a minimum consistent with technical feasibility and economic reasonableness.
62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  1;  68 Del. Laws, c. 290, §  188;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8224. Definitions.

§ 8224. Definitions.
(a) The following words and phrases shall have the following meaning ascribed to them, unless their context implies otherwise:
(1) “Act” means the Hazardous Materials Transportation Act of 1979.
(2) “Commission” means the State Emergency Response Commission as established by § 8226 of this title.
(3) “Hazardous material” means any substance or material designated a hazardous material pursuant to the federal “Hazardous Materials Transportation Act” (P.L. 93-633; 49 U.S.C. § 1801 et seq. [repealed]).
(4) “Operator of vehicle” means any person having control of any means of transportation herein regulated.
(5) “Person” means any natural person or individual, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, estate or any other legal entity, or their legal representative, agent or assigns.
(6) “Transportation” means any movement of property by any mode, and any loading, unloading or storage incidental thereto.
(b) [Repealed.]
62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  2;  68 Del. Laws, c. 290, §  188;  71 Del. Laws, c. 208, §  2;  71 Del. Laws, c. 461, §  1;  78 Del. Laws, c. 383, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8227. Remedies.

§ 8227. Remedies.
(a) The Attorney General, upon request of the Commission or upon the Attorney General's own motion, may proceed in the name of the State, by injunction, mandamus, quo warrants or other appropriate remedy at law or in equity, to restrain violations of the Commission's regulations or orders or to enforce obedience thereto.
(b) The State Police, the State Fire Marshal and such other persons or agencies as the Commission by duly adopted resolution shall designate shall have the power to seize, retain, confiscate and impound all evidence, including motor vehicles, used in violation of this Act, and to otherwise enforce this Act.
62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  9;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8228. Jurisdiction; penalties.

§ 8228. Jurisdiction; penalties.
(a) (1) Any person who, as operator of a vehicle, shall knowingly or wilfully violate any provision of this Act, the Code of Federal Regulations adopted under this Act and/or any regulations of the Commission pertaining to routing, parking or other act in the actual operation of a vehicle, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than $25 nor more than $100, or imprisonment for not more than 30 days, or both. Any such person committing a second or subsequent offense and the conviction thereof shall be sentenced to pay a fine of not less than $100 nor more than $500, or imprisonment for not less than 60 days nor more than 1 year, or both.
(2) A person arrested without a warrant for a violation of this Act or any regulation thereunder shall have the person's case heard and determined by the nearest available justice of the peace, notwithstanding the fact that the court of said justice of the peace is situated in a county other than that in which the violation is alleged to have occurred. It shall be a sufficient defense for such person to show by 1 competent witness that there was at the time of the person's arrest an available justice of the peace whose regular office was nearer to the place where such person was arrested than the justice of the peace before whom the case is being tried.
(b) For the purpose of this section, a justice of the peace is available when the justice of the peace is at the office or court.
(c) Any person who, as shipper, carrier, consignee or user of a hazardous material, shall knowingly or wilfully violate any provision of this Act, the Code of Federal Regulations adopted thereunder or any regulation of the Commission, shall be guilty of a misdemeanor, and, upon conviction thereof in the Court of Common Pleas of the county wherein the offense occurred, shall be sentenced to pay a fine of not less than $100 nor more than $500, or imprisonment for not more than 60 days, or both. Any such person committing a second or subsequent offense and the conviction thereof shall be sentenced to pay a fine of not less than $500 nor more than $5,000 or imprisonment for not less than 60 days nor more than 1 year, or both. If such person be a firm, partnership, joint venture or association, or if such person be a corporation, the officer, agent or employee thereof responsible for the violation shall have the sentence, herein prescribed, imposed upon the officer, agent or employee.
62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §  10;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 176, §  36;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8229. Exclusive state regulation; general repealer.

§ 8229. Exclusive state regulation; general repealer.
It is the intent of this Act that this be the exclusive state method of regulating and controlling the transportation of hazardous materials. To that end all acts and parts of acts, ordinances and regulations elsewhere promulgated or enacted are hereby repealed and declared unenforceable to the extent that they are inconsistent herewith. No city, town, municipality or other subdivision of the State shall adopt or enforce any other regulation of the transportation of hazardous materials. This shall not preclude the State from regulating hazardous wastes and hazardous substances, including the transportation thereof, as may be otherwise provided by law.
62 Del. Laws, c. 123, §  1;  64 Del. Laws, c. 28, §§  11, 12;  68 Del. Laws, c. 290, §  188;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8230. Exemption from liability.

§ 8230. Exemption from liability.
(a) Notwithstanding any provision of law to the contrary, no individual, partnership, emergency response team, corporation, industrial response team, association or other entity shall be liable in civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, assistance or advice at the request of any emergency service agency with respect to an incident creating a danger to person, property or the environment as a result of spillage, seepage, fire, explosion or other discharge or release of oil, gasoline, diesel fuel or hazardous materials, or the possibility thereof.
(b) This section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, wilful or wanton misconduct shall constitute gross negligence.
(c) For purposes of this section, hazardous materials shall include:
(1) Materials designated as hazardous by any governmental agency; and
(2) Materials where the discharge or release of same, or the possibility of such discharge or release, creates a hazard to person, property, or the environment.
64 Del. Laws, c. 28, §  13;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 379, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8231. Hazardous substance spill cleanup.

§ 8231. Hazardous substance spill cleanup.
(a) The Secretary of the Department of Safety and Homeland Security or the Secretary's designee is permitted to expend any funds appropriated to the Department to contain or clean up a hazardous substance spill as defined by § 101(14) or § 102 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. § 9601(14)) [or 42 U.S.C. § 9602] and § 104 of the Hazardous Materials Transportation Act (49 U.S.C. App. § 1803 [repealed]) and duly adopted by the Commission on the Transportation of Hazardous Material. This shall apply to any or all hazardous material spills within the State to protect the citizens and environment. Costs incurred for such removal shall not be subject to Chapter 60 of this title.
(b) A Hazardous Substance Spill Cleanup Revolving Fund is hereby established for the purpose of providing the funds to undertake the emergency cleanup and necessary remedial measures. The Department of Natural Resources and Environmental Control shall be responsible under Chapter 63 of Title 7 for the assessment of any long-term environmental impact and conducting the necessary remedial action.
(c) All revenues recovered from the responsible party shall be retained by the Department of Safety and Homeland Security and placed in the Hazardous Substance Spill Cleanup Revolving Fund. Expenditures from the Fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act.
(d) The Governor, the Secretary of the Department of Finance, the Director of the Office of Management and Budget, the Joint Finance Committee of the General Assembly and the Controller General shall be kept informed of all costs incurred and reimbursements received under this section.
64 Del. Laws, c. 124, §  1;  65 Del. Laws, c. 53, §§  1, 2;  68 Del. Laws, c. 290, §  188;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 88, §  21(13);
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8232. State Emergency Response Commission; other personnel.

§ 8232. State Emergency Response Commission; other personnel.
Notwithstanding any inconsistent provisions of any public, private or special law, any person who is a bona fide member of, or who is appointed by the State Emergency Response Commission under the authority of § 301(c) [42 U.S.C. § 11001] of Title III, Superfund Amendment and Reauthorization Act of 1986 (SARA), to serve on a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents in this State is not liable for civil damages as a result of any act or omission in the development, review or implementation of such plans unless the act or omission constitutes gross negligence or wilful misconduct.
71 Del. Laws, c. 208, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8233. Division of Capitol Police.

§ 8233. Division of Capitol Police.
The Division of Capitol Police is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of Capitol Police, pursuant to Chapter 82 of Title 11.
75 Del. Laws, c. 322, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8234. Division of the Office of Highway Safety.

§ 8234. Division of the Office of Highway Safety.
The Division of the Office of Highway Safety is established and shall be responsible for the performance of all the powers, duties and functions vested in the Division of the Office of Highway Safety pursuant to Chapter 49 of this title.
76 Del. Laws, c. 391, §  12;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8236. Division of Gaming Enforcement.

§ 8236. Division of Gaming Enforcement.
(a) There is hereby established, within the Department of Safety and Homeland Security, a Division of Gaming Enforcement with duties, powers and responsibilities as defined. It shall be the responsibility of all police jurisdictions and video lottery agents to report any and all suspicious or criminal activity involving gaming to the Division of Gaming Enforcement.
(b) The Division of Gaming Enforcement shall be under the immediate supervision of a civilian Director who shall staff and administer the work of the Division under the direction and supervision of the Secretary of the Department of Safety and Homeland Security. The Division of Gaming Enforcement shall contain an Assistant Director, whom at all times must be an officer of the Delaware State Police, and other sworn State Police personnel, as well as other resources to necessary to fulfill the obligations under this chapter.
(c) The Division of Gaming Enforcement shall:
(1) Exercise exclusive jurisdiction for the investigation of criminal offenses related to gaming that may occur at any video lottery facility licensed by the State Lottery Office or which occur elsewhere that relate to the operation of the Lottery;
(2) Investigate the background, qualifications and suitability of each applicant before any license is issued by the Director of the State Lottery Office pursuant to Chapter 48 of this title;
(3) Provide assistance upon request by the State Lottery Office in the consideration, promulgation and application of its rules and regulations;
(4) Exchange fingerprint data with, and receive criminal history information from, the Federal Bureau of Investigation for use in considering applicants for any license or registration issued by the State Lottery Office;
(5) Request and receive information, materials and any other data from any licensee or registrant, or applicant for a license or registration;
(6) Notify the State Lottery Office of any information which may affect the continued qualifications or suitability of any licensee or registrant;
(7) Seek to exclude from all licensed video lottery facilities persons whose presence would be inimical to the interest of the State or of lottery operations therein; and
(8) Perform other duties necessary and consistent with Chapter 48 of this title to maintain public confidence and trust in the credibility and integrity of lottery operations, agents and employees.
77 Del. Laws, c. 219, §  25;
2023 Delaware Code › Title 29 - State Government › Chapter 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY › § 8238. Division of Forensic Science.

§ 8238. Division of Forensic Science.
The Division of Forensic Science is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Office of the Chief Medical Examiner and duties of the medical examiners and Forensic Science Laboratory, as set forth in Chapter 47 of this title.
79 Del. Laws, c. 265, §  8;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8302. Secretary; division directors; Acting Secretary; appointment.

§ 8302. Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of the Department of Finance, who shall be a person qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Finance shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such directors may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary of Finance or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary of Finance or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. 1953, §  8302;  57 Del. Laws, c. 549, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  5;  75 Del. Laws, c. 89, §  156;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8304. Division of Accounting.

§ 8304. Division of Accounting.
The Division of Accounting is established which shall:
(1) Audit, inspect and examine the accounts, affairs and records of any agency of this State at such times as it deems expedient for the supervision of fiscal affairs;
(2) Reject all bills, statements, accounts, and demands against the State which do not conform with such controls as are adopted by the State's financial management and prescribed in the accounting manual;
(3) Prepare the form or format to be used in making out accounts or statements of indebtedness. Such forms or formats shall contain a notice that no account or statement of indebtedness thereon shall be valid unless an order or requisition authorizing such account or statement of indebtedness has been prepared in accordance with policies prescribed in the accounting manual;
(4) Report to the General Assembly, the Attorney General and the Director of the Office of Management and Budget in writing any irregular, illegal or improper financial administration or transaction;
(5) In addition to the foregoing, the Division of Accounting shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Director of the Office of Management and Budget pursuant to §§ 6511 [repealed], 6512(b), (c) and (e), 6515 (except the last sentence of subsection (d)), 6516, 6517, 6518, 6520(b) and (c), 6521, 6522, 6523, 6524, 6525 [repealed], 6526 [repealed] and 6527 of this title.
29 Del. C. 1953, §  8304;  57 Del. Laws, c. 549, §  1;  57 Del. Laws, c. 741, §§  45A, 45B;  70 Del. Laws, c. 509, §§  17, 18;  75 Del. Laws, c. 88, §  21(13);
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8306. Tax Appeal Board.

§ 8306. Tax Appeal Board.
(a) The State Tax Board, created by subchapter II of Chapter 3 of Title 30 hereby renamed the Tax Appeal Board, is continued.
(b) Except as otherwise provided in § 8305(4) of this title, the Tax Appeal Board is vested with the membership, remuneration, organization, meetings, powers, duties and functions heretofore vested in the State Tax Board by law, including the power to hear complaints and appeals from the decisions or rulings of the Director of Revenue as the same heretofore existed in respect to decisions or rulings of the State Tax Commissioner pursuant to subchapter II of Chapter 3 of Title 30. The right of appeal from determinations of the State Tax Board heretofore existing pursuant to subchapter II of Chapter 3 of Title 30 is hereby continued respecting appeals from determinations of the Tax Appeal Board.
29 Del. C. 1953, §  8306;  57 Del. Laws, c. 549, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8307. Division of the Treasury.

§ 8307. Division of the Treasury.
(a) The Division of the Treasury is hereby established having powers, duties and functions as follows.
(b) The Division of the Treasury shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the State Treasurer, pursuant to Chapter 31 of Title 19 and Chapter 54 of Title 30.
29 Del. C. 1953, §  8307;  57 Del. Laws, c. 549, §  1;  59 Del. Laws, c. 216, §  1;  59 Del. Laws, c. 378, §§  2, 4;  60 Del. Laws, c. 267, §  1;  66 Del. Laws, c. 85, §  94;  67 Del. Laws, c. 47, §  62;  68 Del. Laws, c. 84, §  62;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8308B. State Employees Pension Benefits Review Committee.

§ 8308B. State Employees Pension Benefits Review Committee.
(a) There is established the State Employees Pension Benefits Review Committee. The purpose of the Review Committee shall be to review the pension plan by using appropriate and accepted comparative analysis, including, but not limited to, the benefit structure of the various state pension systems for the purpose of evaluating current pension plan benefits and recommending changes.
(b) The State Employees Pension Benefits Review Committee shall be composed as follows:
(1) Chair and Vice Chair of the Legislative Joint Finance Committee.
(2) One member of the Senate appointed by the President Pro Tem.
(3) One member of the House of Representative appointed by the Speaker.
(4) Three members appointed by the Chair of the Board of Pension Trustees.
(5) One member of the Pension Advisory Council.
(6) Pension Administrator.
(7) Director of Office of Management and Budget.
(8) Controller General.
(c) The Office of Management and Budget, the Controller General's Office, and the Pension Office shall provide the committee with staff support and such other resources as the committee may require.
76 Del. Laws, c. 80, §  80;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8309. Exemptions.

§ 8309. Exemptions.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of Finance;
(2) Director of Accounting;
(3) Director of Revenue;
(4) State Lottery Director.
29 Del. C. 1953, §  8309;  57 Del. Laws, c. 549, §  1;  60 Del. Laws, c. 539, §  9;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8310. Assumption of powers.

§ 8310. Assumption of powers.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Budget Director, State Tax Department, State Tax Board, Collector of State Revenue, State Treasurer, Arbitration Committee, Disability Commission, Board of State Employees' Pension Trustees, Board of State Judiciary Pension Trustees and State Police Pension Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions hereinabove expressly vested in or retained by any such person, department, board, commission or agency.
29 Del. C. 1953, §  8310;  57 Del. Laws, c. 549, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8311. Appeals.

§ 8311. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred by this chapter and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  8311;  57 Del. Laws, c. 549, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8312. Employees; definitions and references in other laws.

§ 8312. Employees; definitions and references in other laws.
(a) All employees of any commission, board, department, council or agency, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(b) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, be construed as referring and relating to the Department of Finance as created and established by this chapter.
(c) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. 1953, §  8312;  57 Del. Laws, c. 549, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8313. Annual report.

§ 8313. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8313;  57 Del. Laws, c. 549, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8314. Misnomer of Department in donation.

§ 8314. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, §  8314;  57 Del. Laws, c. 549, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8315. Budgeting and financing.

§ 8315. Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, §  8315;  57 Del. Laws, c. 549, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8316. Supremacy.

§ 8316. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. 1953, §  8317;  57 Del. Laws, c. 741, §  44;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8317. Notification of proposed bond issuance.

§ 8317. Notification of proposed bond issuance.
Each political subdivision of the State shall file with the Secretary of Finance a notice of intent to issue its general obligations or revenue-supported debt at least 14 days prior to the anticipated sale date of any such obligations. The notice shall describe briefly the proposed principal amount of obligations to be sold, the proposed sale date and the purpose of the issue, and shall be signed by the chief fiscal officer of the political subdivision submitting the notice. Failure to submit such notice or any change in the details of the issue from those set forth in such notice shall not invalidate the issuance of any such obligations.
66 Del. Laws, c. 360, §  17;
2023 Delaware Code › Title 29 - State Government › Chapter 83. DEPARTMENT OF FINANCE › Subchapter I. General Provisions › § 8318. Compensatory payments for certain exempt properties owned by the State.

§ 8318. Compensatory payments for certain exempt properties owned by the State.
(a) The county seat in each county shall appraise and assess real property taxes on all property owned by the State excluding properties owned by the Delaware Housing Authority, Delaware Solid Waste Authority, Delaware State University, or the University of Delaware, lying within their respective city limits. Each county seat shall annually submit statements of these appraisals and assessments unto the Secretary of the Department of Finance, said assessments and appraisals to be in accordance with their respective procedures for appraising and assessing real property.
(b) The Secretary of Finance shall examine and inspect the aforementioned assessment and appraisals and shall have all rights to question the assessments and appeal any decisions regarding the same. If the Secretary of Finance is satisfied that the assessments and appraisals are accurate, then the Secretary shall direct payment to the County Seat according to the following schedule:
(1) For those county seats with a population between 0–50,000 residents, the Secretary shall direct a payment of 30.8% of the tax assessed to said county seats.
(2) For those county seats with a population above 50,000 residents, the Secretary shall direct a payment of 100.0% of the tax assessed to said county seats.
(c) The total amount of payments made by the Secretary with respect to all county seats shall not exceed $3,900,000 in any state fiscal year.
(d) In any fiscal year, if total compensatory payments, as calculated under subsection (a) of this section, exceeds the amount allocated in subsection (c) of this section, then the payments to be received by each county seat shall be the product of the amount appropriated to the county seats, not to exceed the total payment amount established in subsection (c) of this section, multiplied by a fraction, the numerator of which is the payment that would otherwise be due to a county seat under subsections (a) and (b) of this section and the denominator is the total of all compensatory payments that would otherwise be due to all county seats under subsections (a) and (b) of this section. The Secretary of Finance has the right to withhold payment to any county seat until the assessments and appraisals of all 3 counties have been submitted and verified.
67 Del. Laws, c. 416, §  1;  68 Del. Laws, c. 290, §  97;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  16(5);  75 Del. Laws, c. 218, §  5(a);  75 Del. Laws, c. 352, §  32;  76 Del. Laws, c. 81, §  27;  76 Del. Laws, c. 281, §  27;  81 Del. Laws, c. 300, § 34;  83 Del. Laws, c. 323, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8401. Establishment of Department.

§ 8401. Establishment of Department.
(a) The Department of Transportation is hereby established. The Department, through appropriate divisions, authorities, subdivisions, offices and administrations shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Department of Highways and Transportation immediately prior to July 1, 1976.
(b) The powers and duties of the Department of Transportation shall also include, but not be limited to, the following activities:
(1) Coordinating and developing, in cooperation with the federal government, other states, Delaware state agencies, counties, cities, councils and agencies comprehensive balanced transportation planning and policy for the movement of people and goods within the State;
(2) To be the lead agency for establishing and maintaining the continuing, comprehensive, cooperative transportation planning process pursuant to the existing and future provisions of Title 23, United States Code and the Urban Mass Transportation Act of 1964 as amended [49 U.S.C. § 5301 et seq.];
(3) To be the supervising and responsible planning staff for all urban and rural transportation studies and programs in the State and enter into any contracts, agreements and stipulations as required;
(4) To provide the necessary staffing, coordination and liaison required by present and future federal and state acts for transportation planning, programs, grant applications and required administration;
(5) Planning, designing, constructing, operating and maintaining those highway and public transportation systems under its jurisdiction;
(6) Preparing a biennial transportation needs program directed at the achievement of a coordinated and balanced transportation system for the State that is consistent with the state's social, economic and environmental needs and goals;
(7) To establish a selection process intended to promote engineering and design quality and ensure maximum competition by professional companies of all sizes providing engineering or architectural design services, pursuant to the authority granted in Section 307 of the National Highway System Designation Act of 1995, P.L. 104-59. In developing this process, the Department shall also comply with the Professional Services Negotiation Act, subchapter II of Chapter 69 of this title, as amended. In addition, the Department shall comply with limits on costs reimbursement, including, but not limited to, overhead limits, established by its Consultant Policy Committee. In setting such limits, the Consultant Policy Committee shall consider the goal of the selection process set forth in the 1st sentence of this subsection, as well as the reasonable cost of architectural or engineering services.
29 Del. C. 1953, §  8401;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  2;  61 Del. Laws, c. 520, §  5;  70 Del. Laws, c. 473, §  74;  82 Del. Laws, c. 13, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8402. Definitions.

§ 8402. Definitions.
As used in this chapter:
(1) “Authority” or “Transportation Authority” means Delaware Transportation Authority.
(2) “Corridor route” means any existing or proposed road in an urban or rural area which is classified as part of the “principal arterial highway system” as defined in the National Highway Functional Classification Studies on record with the Department and which serves traffic corridor movements of substantial statewide or interstate travel and as to which the concept of service to abutting land is subordinate to the provisions of travel service to major traffic movements.
(3) “Department” means the Department of Transportation.
(4) “Deputy Secretary” means the Deputy Secretary of the Department of Transportation.
(5) “Director” means the Director of the Transportation Authority and/or the Director of the Division of Highways and/or the Director of the Office of Administration.
(6) “Division” means the Division of Highways.
(7) “Secretary” means the Secretary of the Department of Transportation.
29 Del. C. 1953, §  8402;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  3;  62 Del. Laws, c. 379, §  1;  67 Del. Laws, c. 46, §  57(a);
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8403. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment.

§ 8403. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment.
(a) (1) The administrator and head of the Department shall be the Secretary of the Department of Transportation, who shall be a person qualified by training and experience to perform the duties of the office and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Finance shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.
(2) The Secretary may designate a Deputy Secretary who shall be a person qualified by training and experience to perform the duties of his or her office. The Deputy Secretary shall serve at the pleasure of the Secretary and shall have all the powers, duties, and functions of the Secretary, except the power to remove employees of the Department or to fix their compensation.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor, and upon the position of Secretary being filled such directors may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary's absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. 1953, §  8403;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  1;  67 Del. Laws, c. 46, §§  57(b)-(d);  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8405. Office of Administration.

§ 8405. Office of Administration.
The Office of Administration is hereby established having powers, duties and functions as follows:
(1) The Office of Administration shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Controller of the State Highway Department, as set forth in Chapter 1 of Title 17;
(2) In addition to the foregoing, the Office of Administration shall administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and shall coordinate such general services and business administration with other departments, agencies and offices of the government of this State.
29 Del. C. 1953, §  8405;  57 Del. Laws, c. 514, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8406. Division of Highways.

§ 8406. Division of Highways.
The Division of Highways is hereby established having powers, duties and functions as follows:
(1) The Division of Highways shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
a. The State Highway Department pursuant to Chapters 1, 3, 4, 5, 6 [repealed], 7, 9, 11, 12, 13 and 15 of Title 17 and Chapter 5 of Title 21; provided, however, that the powers, duties and functions of the Controller of the State Highway Department, as prescribed in Chapter 1 of Title 17, shall be performed by the Office of Administration as set forth in § 8405 of this title;
b. The State Highway Department pursuant to §§ 4504 and 4505 of Title 21.
(2) The powers, duties and functions assigned to and exercised by the State Highway Department in relation to the public lands of this State, as set forth in Chapter 45 of Title 7, are hereby removed and such powers, duties and functions are transferred to and shall be exercised by the Department of Natural Resources and Environmental Control.
29 Del. C. 1953, §  8406;  57 Del. Laws, c. 514, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8410. Council on Transportation — Books; records; access; annual report.

§ 8410. Council on Transportation — Books; records; access; annual report.
(a) The Council on Transportation shall have access to all books, records, reports and other documents relating to the divisions and offices of the Delaware Department of Transportation unless otherwise prohibited by law.
(b) The Chairperson of the Council on Transportation shall make an annual report of the Council's operations to the Secretary, the Governor and the General Assembly, and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or may be required by law.
29 Del. C. 1953, §  8410;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8411. Exemptions.

§ 8411. Exemptions.
The following positions and administrations set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of the Department of Transportation;
(2) Director of the Transportation Authority;
(3) Director of the Division of Highways;
(4) Director of the Office of Administration;
(5) Head of the Office of Financial Management and Budget;
(6) Chiefs of such other divisions or administrations as may be established by the Secretary with the written approval of the Governor; and
(7) Head of the Office of External Affairs.
(8) Director of Division of Pre-Construction.
(9) Director of Motor Vehicles.
60 Del. Laws, c. 503, §  7;  62 Del. Laws, c. 379, §  3;  67 Del. Laws, c. 46, §  57(e);  69 Del. Laws, c. 64, §  244;  72 Del. Laws, c. 395, §  309;  74 Del. Laws, c. 110, §  133;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8412. Assumption of powers.

§ 8412. Assumption of powers.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Highway Department and the Department of Transportation immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter.
29 Del. C. 1953, §  8411;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8413. Appeals.

§ 8413. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any divisions or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred by this chapter and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  8412;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8414. Employees; definitions and references in other laws.

§ 8414. Employees; definitions and references in other laws.
(a) All employees of any commission, board, department, council or agency, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(b) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred by this chapter to the Department, be construed as referring and relating to the Department of Transportation as created and established by this chapter.
(c) All definitions and references to any director, commissioner, executive secretary, commission, board or council member, or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with a function transferred by this chapter to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. 1953, §  8413;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §§  1, 6;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8415. Annual report.

§ 8415. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8414;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 84. DEPARTMENT OF TRANSPORTATION › § 8416. Misnomer of Department in donation.

§ 8416. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, §  8415;  57 Del. Laws, c. 514, §  1;  60 Del. Laws, c. 503, §  6;