2020 Delaware Code
Title 29 - State Government

Part I

General Provisions

Part II

The General Assembly

Part III

State Offices Created by Constitution

Part IV

State Agencies and Offices Not Created by Constitution

Part V

Public Officers and Employees

Part VI

Budget, Fiscal, Procurement and Contracting Regulations

Part VII

Continuity of Government

Part VIII

Departments of Government

Part IX

State Planning and Property Acquisition

Part X

General Regulations for State Agencies

Part XI

Agencies for Interstate Cooperation


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Legislative Council, General Assembly State of Delaware Title 29 State Government NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Research of Legislative Council of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts effective as of September 28, 2020, up to and including 82 Del. Laws, c. 292. DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 29 - State Government Part I General Provisions Chapter 1 Jurisdiction and Sovereignty § 101 Territorial limitation. The jurisdiction and sovereignty of the State extend to all places within the boundaries thereof, subject only to the rights of concurrent jurisdiction as have been granted to the State of New Jersey or have been or may be granted over any places ceded by this State to the United States. (Code 1852, § 3; Code 1915, § 2; Code 1935, § 2; 29 Del. C. 1953, § 101.) § 102 Consent to purchase of land by the United States. The consent of the General Assembly is given to the purchase by the government of the United States, or under authority of such government, of any tract, piece or parcel of land, not exceeding 10 acres in any 1 place or locality, for the purpose of erecting thereon lighthouses and other needful public buildings whatsoever and of any tract, piece or parcel of land, not exceeding 100 acres in any 1 place or locality, for the purpose of erecting thereon forts, magazines, arsenals, dockyards and other needful buildings, from any individuals, bodies politic or corporate within the boundaries or limits of the State; and all deeds, conveyances or title papers for the same shall be recorded as in other cases upon the land records of the county in which the land so conveyed may be situated and, in like manner, may be recorded a sufficient description, by metes and bounds, courses and distances of any tracts or legal divisions of any public land belonging to the United States, which may be set apart by the general government for any or either of the purposes before mentioned by an order, patent or other official document or papers so describing such land. The consent herein given is in accordance with clause 18, § 8 of Article I of the Constitution of the United States and with the acts of Congress in such cases made and provided. (14 Del. Laws, c. 357; 21 Del. Laws, c. 1; Code 1915, § 4; Code 1935, § 4; 29 Del. C. 1953, § 102.) § 103 Cession of lands to the United States; taxation; reversion to State. (a) Whenever the United States shall desire to acquire a title to land of any kind belonging to this State, whether covered by the navigable waters within its limits or otherwise, for the site of any lighthouse, beacon, lifesaving station or other aid to navigation, and application is made by a duly authorized agent of the United States describing the site or sites required therefor, the Governor may convey the site to the United States and cede to the United States jurisdiction over the site. No single tract desired for any lighthouse, beacon or other aid to navigation shall contain more than 10 acres or, for any lifesaving station, more than 1 acre. (b) All the lands, rights and privileges which may be ceded under subsection (a) of this section and all the buildings, structures, improvements and property of every kind erected and placed on such lands by the United States shall be exempt from taxation so long as the same shall be used for the purposes mentioned in subsection (a) of this section. (c) The title of any land which may be ceded under subsection (a) of this section shall escheat and revert to the State, unless the construction thereon of the lighthouse, beacon, lifesaving station or other aid to navigation for which it is ceded shall be commenced within 2 years after the conveyance is made and shall be completed within 10 years thereafter. (15 Del. Laws, c. 5; Code 1915, § 5; Code 1935, § 5; 29 Del. C. 1953, § 103.) § 104 Execution of process on ceded territory. The sovereignty and jurisdiction of this State shall extend over any lands acquired by the United States under §§ 101-103 of this title, to the extent that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired or the buildings or structures thereon erected. (14 Del. Laws, c. 357, § 3; 21 Del. Laws, c. 1, § 3; Code 1915, § 6; Code 1935, § 6; 29 Del. C. 1953, § 104.) § 105 Nanticoke Indians; proof of descent; recognition. (a) The class of people known as the descendants of the Nanticoke Indians, formerly of Sussex County but at present located in the several counties of this State, who desire to migrate, may appear before any justice of the peace or notary public of this State and, on the evidence and proof that the person belongs to or is a descendant of the Nanticoke Indians, may procure from such justice or notary a certificate reciting such facts. (b) The descendants of the Nanticoke Indians named in subsection (a) of this section shall be recognized as such within this State. (22 Del. Laws, c. 470, §§ 1, 2; Code 1915, § 3563; Code 1935, § 4053; 29 Del. C. 1953, § 105; 70 Del. Laws, c. 186, § 1.) § 106 Lenape Indian Tribe of Delaware; recognition. (a) Legislative findings. — The General Assembly finds all of the following: Page 1 Title 29 - State Government (1) The Lenape Indian Tribe of Delaware, referred to as “the Tribe” in this section, has an unbroken history of hundreds of years of settlement and continued residency in the vicinity of the Town of Cheswold in Kent County. (2) Members of the Tribe preserved, displayed, and manifested close cultural ties with one another by conducting themselves in such a social and economic manner so as to identify themselves as being culturally and ethnically distinct. (3) The Tribe can date their ancestral ties as far back as the early 1700s. (4) The Tribe was formerly known as “the Moors” and, for many decades of the twentieth century, state documents such as driver’s licenses designated the Tribe’s race with an “M”. (5) The Delaware School Code of 1921 provided that the State Board of Education could establish a school “for the children of people called Moors.” As a result, 2 schools were built, 1 in the Town of Cheswold and 1 at Fork Branch on Denney’s Road in Kent County. (6) There has been unofficial statewide acceptance and recognition of the Tribe for at least 125 years. Through a formal process of reviewing applicable state laws, historical and anthropological references, and previous actions of the General Assembly and State agencies, the Department of State concluded by 2009 that this State has historically acknowledged the Tribe. (7) The Smithsonian Institute issued an annual report in 1948, in which the Tribe was referred to as the “Moors of Kent County, Delaware,” and identified as a surviving Indian group of the eastern United States. (8) The United States Census Bureau approved a defined “state designated tribal statistical area” for the Tribe for the 2010 Census. (9) The Tribe has a constitutional tribal government, and the preamble of its constitution states that its purpose is to: a. Preserve the legacy of its ancestors. b. Promote the interests of its people. c. Affirm its tribal identity. d. Establish justice. e. Ensure domestic tranquility. f. Defend the general welfare. g. Exercise its governmental jurisdiction. h. Protect its environmental, cultural, and human resources. i. Secure its national sovereignty for future generations of its people. (b) Recognition. — The Lenape Indian Tribe of Delaware is designated and recognized as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governmental duties and powers. The Tribe is recognized as eligible for the special programs and services that the United States provides to Indians because of their status as Indians. (80 Del. Laws, c. 367, § 1.) § 107 Nanticoke Indian Tribe of Delaware; recognition. (a) The Nanticoke Indian Tribe of Delaware is designated and recognized as an American Indian tribe with a tribal governing body carrying out and exercising substantial governmental powers and duties. The Tribe is recognized as eligible for all programs, services, and other benefits provided to Indian tribes by the United States or any state thereof because of their status as American Indians. (b) The Nanticoke Indian Tribe of Delaware is designated and recognized as the first state-recognized tribe in Delaware, and has been so recognized since March 10, 1881. (80 Del. Laws, c. 346, § 1.) Page 2 Title 29 - State Government Part I General Provisions Chapter 2 State Boundaries § 201 Description. The limits of the State are as follows: On the south, the divisional line between Delaware and Maryland; on the west, the divisional line between Delaware and Maryland extended northerly to its intersection with the southerly boundary line of Pennsylvania; on the north, the boundary line between Maryland and Pennsylvania extended easterly to its intersection with the 12-mile circle described from New Castle and the 12-mile circle extended to low water mark on the eastern side of the Delaware River; and on the east, the low water mark on the eastern side of the Delaware River within the 12-mile circle, the southerly perimeter of the 12-mile circle from its intersection with the low water mark westerly to the middle line of the Delaware River, the middle lines of the Delaware River and Bay below the 12-mile circle to the mouth of the Bay and the Atlantic Ocean. (Code 1852, § 4; Code 1915, § 7; Code 1935, § 7; 29 Del. C. 1953, § 301.) § 202 Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands. (a) The monuments marking the common boundaries between the State and any adjacent state or commonwealth are the joint property of the State and of such adjoining states or commonwealth. (b) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall examine at least every 5 years the monuments marking the boundaries of this State. Whenever the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall find that the monuments marking the boundary between Delaware and any other state or commonwealth have been lost, moved, removed or defaced so that the boundary thereof becomes obscure, inaccurate or incorrect, the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall cooperate with the state officials of any adjacent state or commonwealth in the replacement, restoration or repair of the monuments on the common boundary line. (c) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control may on behalf of the State make joint agreements and enter into joint contracts with appropriate officials or agencies of any adjacent state or commonwealth and with the United States Coast and Geodetic Survey or any similar neutral party or agency to resurvey, remark or otherwise delineate more thoroughly any part of any common boundary between the State and any adjacent state or commonwealth or the offshore boundary between the State and the federal government. Any such resurvey shall reproduce with greatest possible fidelity the present established boundaries of this State. In the event that a question arises as to the common boundary between the State and the federal government, or any adjacent state or commonwealth, a 3-member commission shall be appointed by the Governor to act in conjunction with the Secretary of the Department of Natural Resources and Environmental Control and the Director of the Division of Historical and Cultural Affairs in negotiating a final settlement of the matter with the appropriate officials of the federal government, or the adjacent state or commonwealth. (d) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control, their authorized agents or employees, may enter upon any property for the purpose of examining any boundary monument, except that no entry shall be made during the growing season upon any land planted in crops which might be damaged by such entry. (48 Del. Laws, c. 256, § 1; 29 Del. C. 1953, § 302; 53 Del. Laws, c. 255; 58 Del. Laws, c. 102, §§ 1, 2, 4; 71 Del. Laws, c. 368, § 1.) § 203 Penalty for removing, damaging or possessing monument. (a) Whoever moves, removes, breaks, mutilates, defaces, destroys or otherwise injures any monument marking any boundary between this State and any adjacent state or commonwealth shall be guilty of a class B misdemeanor. (b) Any person who has in possession any monument heretofore placed or prepared to be placed upon any of the boundary lines specified in subsection (a) of this section shall, upon demand being made for the monument by the Director of the Division of Historical and Cultural Affairs, surrender and deliver the monument to the Director of the Division of Historical and Cultural Affairs, or to the Director’s authorized agents or employees. (c) Whoever fails on demand to surrender and deliver the monument as required by subsection (b) of this section shall be guilty of a class B misdemeanor. (48 Del. Laws, c. 256, § 2; 29 Del. C. 1953, § 303; 53 Del. Laws, c. 255; 58 Del. Laws, c. 102, § 3; 65 Del. Laws, c. 475, §§ 1, 2; 70 Del. Laws, c. 186, § 1.) § 204 Publication of state boundaries. The Director of the Division of Historical and Cultural Affairs is hereby directed to publish a small pamphlet setting forth in latitudes and longitudes, as currently determined by the United States Coast and Geodetic Survey, the boundaries of the State. In addition to Page 3 Title 29 - State Government other distribution, copies shall be sent to the Department of Natural Resources and Environmental Control, the State Department of Transportation, the Legislative Council and the Library of Congress. (29 Del. C. 1953, § 304; 58 Del. Laws, c. 86.) Page 4 Title 29 - State Government Part I General Provisions Chapter 3 State Seal, Song and Symbols § 301 Great Seal. The seal now used as the Great Seal of this State and bearing the arms of this State shall be the Great Seal of this State. It is emblazoned as follows: Party per fess, or and argent, the first charged with a garb (wheat sheaf) in bend dexter and an ear of maize (Indian Corn) in bend sinister, both proper; the second charged with an ox statant, ruminating, proper; fess, wavy azure, supporters on the dexter a husbandman with a hilling hoe, on the sinister a rifleman armed and accoutred at ease. Crest, on a wreath azure and argent, a ship under full sail, proper, with the words “Great Seal of the State of Delaware,” the dates “1704, 1776, and 1787,” and the words “Liberty and Independence” engraved thereon. (Code 1852, § 463; 24 Del. Laws, c. 89, § 1; Code 1915, § 387; Code 1935, § 361; 29 Del. C. 1953, § 501; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 276, § 1.) § 302 Seal of state officials, courts and public officers. The seals of the Secretary of State and Auditor of Accounts and of the several courts of this State and of the several public offices and officers in the several counties, now established and used, shall be the seals of such courts, offices and officers respectively and shall be so received and used. The seal of the office of the clerk of peace shall be the seal of the county government of Kent and Sussex Counties. The seal of the office of the clerk of the county council shall be the seal of the county government of New Castle County. (Code 1852, § 464; 21 Del. Laws, c. 114; Code 1915, § 388; Code 1935, § 362; 29 Del. C. 1953, § 502; 54 Del. Laws, c. 186; 55 Del. Laws, c. 85, § 38A.) § 303 State song. The official state song shall consist of the poem "Our Delaware" containing 3 verses, each verse in honor of a county of this State, written by George B. Hynson; a fourth verse in praise of the State and pledging the loyalties of its citizens, written by Donn Devine; and a musical score composed specifically for the state song by Will M. S. Brown. Page 5 Title 29 - State Government Page 6 Title 29 - State Government (34 Del. Laws, c. 253; Code 1935, § 2763; 29 Del. C. 1953, § 503; 61 Del. Laws, c. 45, § 1.) Page 7 Title 29 - State Government § 304 State bird. The blue hen chicken is the official bird of the State. (42 Del. Laws, c. 128; 29 Del. C. 1953, § 504.) § 305 State tree. The American holly (Ilex opaca, Aiton) is adopted as the state tree. (42 Del. Laws, c. 86; 29 Del. C. 1953, § 505.) § 306 State flag. The design of the official state flag shall be as follows: A background of colonial blue surrounding a diamond of buff in which diamond is placed the correct coat of arms of the State in the colors prescribed by law and in accordance with § 301 of this title, with the words, “December 7, 1787,” to be inscribed underneath the diamond. The official state colors, colonial blue and buff, are designated by the Textile Color Card Association of the United States, Inc., New York, as “arno blue” Cable No. 10663, and “golden beige” Cable No. 10781 respectively; the color shades having been determined by Colorimetric Specifications of the National Bureau of Standards, United States Department of Commerce, in Test No. 2, 1/140565, dated November 18, 1954, which is on file with the Delaware Public Archives, Dover, Delaware. The colors of the coat of arms and other elements of the state flag shall be the following: Husbandman, trousers of gray brown, shirt of red, hat and hilling hoe of brown; rifleman, suit of green, binding, bag and leggings of buff, hat of brown, powder flask and feather of gray; shield, frame of shaded yellow, top panel of orange, center panel of blue, lower panel of white, ox of red brown, grass and corn of green, wheat and branches underfoot of yellow, heraldric wreath to be blue and silver (twisted); ship under full sail to have a dark hull and white sails; date, December 7, 1787, to be white; cord and tassels to be blue and gold. (29 Del. C. 1953, § 506; 50 Del. Laws, c. 288, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, § 10.) § 307 Governor’s flag. The official flag of the Governor of the State shall be identical to the official flag of this State except that it shall also bear a fringe of gold surrounding the edge of the flag and the pole upon which the Governor’s flag is carried shall have mounted thereon a model of a blue hen’s fighting cock. (29 Del. C. 1953, § 507; 50 Del. Laws, c. 290, § 1.) § 308 State flower. The peach blossom, as originally adopted as the floral emblem of the State on May 9, 1895, shall be the official state flower. (29 Del. C. 1953, § 508; 50 Del. Laws, c. 289, § 1.) § 309 State bug. The lady bug shall be the official state bug for the State. (59 Del. Laws, c. 300, § 1.) § 310 State mineral. The official state mineral is sillimanite. (61 Del. Laws, c. 21, § 1.) § 311 State fish. The weakfish (Cynoscion genus) is the official fish of the State. (63 Del. Laws, c. 90, § 1.) § 312 State beverage. Milk shall be the official beverage of the State. (64 Del. Laws, c. 41, § 1.) § 313 State herb. Solidago odora, commonly known as “sweet golden rod,” shall be the official herb of the State. (70 Del. Laws, c. 386, § 1.) § 314 State fossil. The official state fossil is the belemnite. (70 Del. Laws, c. 427, § 1.) Page 8 Title 29 - State Government § 315 State butterfly. The tiger swallowtail (Pterourus glaucus) is the official butterfly of the State. (72 Del. Laws, c. 44, § 1.) § 316 State soil. Greenwich loam (a coarse, loamy, mixed, semiactive, mesic, Typic Hapludult) is the official soil of the State. (72 Del. Laws, c. 288, § 1.) § 317 State star. The official state star is Delaware Diamond, located in the constellation of Ursa Major (Great Bear), with coordinates of right ascension 9h40m44s and declination 48°14#2#. (72 Del. Laws, c. 398, § 1.) § 318 State nickname. The official nickname of the State is “The First State.” (73 Del. Laws, c. 268, § 1.) § 319 State marine animal. The official state marine animal is the horseshoe crab. (73 Del. Laws, c. 326, § 1.) § 320 State macroinvertebrate. The stonefly (order Plecoptera) is the official macroinvertebrate of the State. (75 Del. Laws, c. 37, § 1.) § 321 State dessert. Peach pie shall be the official dessert of the State. (77 Del. Laws, c. 190, § 1.) § 322 State fruit. Strawberries shall be the official fruit of the State. (77 Del. Laws, c. 255, § 1.) § 323 State wildlife animal. The grey fox is the official wildlife animal of the State. (77 Del. Laws, c. 286, § 1.) § 324 State shell. The shell of the channeled whelk (Busycotypus canaliculatus) shall be the official shell of the State. (79 Del. Laws, c. 215, § 1.) § 325 State sport. Bicycling is the official sport of the State. (79 Del. Laws, c. 253, § 1.) § 326 State dance [Expired]. (80 Del. Laws, c. 334, § 1; expired by operation of 80 Del. Laws, c. 334, § 3, eff. July 29, 2017.) § 327 State dog [Expired]. (82 Del. Laws, c. 20, § 1.) § 328 State tall ship. The ship Kalmar Nyckel is designated the official tall ship of Delaware. (80 Del. Laws, c. 423, § 1.) § 329 State historical aircraft. The Bellanca Cruisair is the official historical aircraft of Delaware. (82 Del. Laws, c. 172, § 1.) Page 9 Title 29 - State Government Part I General Provisions Chapter 4 Buildings and Grounds Subchapter I General Provisions § 401 General powers and duties. The Office of Management and Budget, hereinafter referred to in this chapter as the “Office,” shall: (1) Approve and determine the location of any state buildings upon state lands owned or acquired by the State in the City of Dover; (2) Determine and cause the style of architecture of any building erected, reconstructed or altered on the state group park or any state lands adjacent thereto to conform with the architecture of the other buildings erected thereon since 1930; (3) Review and approve the style of architecture of all buildings erected, reconstructed or altered on all other state lands in the City of Dover; (4) Supervise the furnishing or refurnishing of the Governor’s office in the legislative building or wherever the same may be located at the State Capitol and act in an advisory capacity in the furnishing or refurnishing of any other important public rooms or halls; (5) Consider and determine the effect landscaping and maintenance of lands might have on the appearance of buildings and grounds; (6) Determine and approve the location of all pipes, conduits, cables, wires and other service media, either above or below the ground, which in the opinion of the Office may be required for the distribution of utility service to or across those lands within the jurisdiction of the Office. After such determination and approval of location, the Office may grant, in the name of the State, those rights-of-way or easements across or through state lands which in its opinion are deemed necessary for adequate utility service. (44 Del. Laws, c. 211, §§ 5, 7; 48 Del. Laws, c. 116, § 1; 29 Del. C. 1953, § 3105; 57 Del. Laws, c. 740, §§ 1B-1D; 75 Del. Laws, c. 88, § 16(5).) § 402 Duty to survey, lay out and beautify lands; power to enter into contracts, employ assistants and obtain cooperation from other agencies. (a) The Office shall cause the lands acquired under this chapter to be surveyed, laid out and beautified to the end that the same may be used for sites for state buildings to meet the needs of the State for adequate quarters for state departments, boards and commissions functioning at the State Capital and for state grounds and may cause any building or buildings being on the lands at the time they are acquired to be sold and removed or taken down, in the discretion of the Office. In the event of the sale of any such building or buildings, the proceeds thereof shall be deposited in a special fund of the State to fund capital projects of the State to the credit of the State. (b) The Office may: (1) Make and enter into contracts for services, labor and materials needful or proper for the purposes of this section or any of them; (2) Employ such assistants as it shall require in the performance of its duties; and (3) Call upon any department of the state government for assistance in carrying out the purposes of this chapter. (45 Del. Laws, c. 294, § 6; 46 Del. Laws, c. 191, § 6; 29 Del. C. 1953, § 3106; 57 Del. Laws, c. 740, §§ 1B, 1E; 63 Del. Laws, c. 142, § 41; 75 Del. Laws, c. 88, § 16(5).) § 403 Approval of Office prerequisite before erecting state buildings. No department or agency of this State shall erect, reconstruct or alter any building on any state lands in the City of Dover without first having obtained the approval of the Office as to the style of architecture and general internal and external appearance as well as to the location of such building. (44 Del. Laws, c. 211, § 6; 29 Del. C. 1953, § 3107; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).) § 404 Title to lands; gift or sale of lands by City of Dover. (a) The title to the lands and premises acquired by purchase, gift or condemnation under this chapter shall be taken in the name of the State. (b) In the case of lands and premises or easements owned by or held for the use of the City of Dover, the Council of such City may consent to the gift or sale thereof to the State, and a deed executed and acknowledged by the Mayor of the City and attested by the Clerk or Secretary of Council conveying to the State the lands and premises or the easements therein shall be deemed and held to vest in the State an absolute title in fee simple thereto. (45 Del. Laws, c. 294, § 3; 46 Del. Laws, c. 191, § 3; 29 Del. C. 1953, § 3108.) Page 10 Title 29 - State Government § 405 Condemnation proceedings. Whenever the Office cannot agree with the owner of any of the lands and premises or easements which the Office is authorized to acquire for the State and which is desired by the Office for the purposes of this chapter, for the purchase thereof the Office may condemn such property as provided in Chapter 61 of Title 10. (45 Del. Laws, c. 294, § 4; 46 Del. Laws, c. 191, § 4; 29 Del. C. 1953, § 3109; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).) § 406 Dedication to public of certain lands for street uses. Should it be thought desirable by the Office to widen and/or straighten or alter any street abutting upon any of the lands acquired under this chapter, it may cause to be laid off so much and such portion of the land so acquired as it deems necessary or proper to effect such widening, straightening or altering and shall cause a description thereof to be recorded in the office of the Recorder for Kent County and thereupon the land so described shall be deemed and held to be a dedication to the public for street uses and to be under and subject to the jurisdiction of the municipal authorities having supervision over the streets of the City of Dover without any further or other act, acceptance or consent. (45 Del. Laws, c. 294, § 5; 46 Del. Laws, c. 191, § 5; 29 Del. C. 1953, § 3110; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).) § 407 Emergency access to certain state lands. Where an area of real property owned by this State is bounded by a wall, fence or other structure which has gates or other lockable entrances, the Office shall notify those ambulance, fire and police services which are nearest to the enclosed area of the location of such gates and entrances. The Office shall provide the ambulance service, fire company or police department nearest each such enclosed area a key to each entrance. For purposes of this section, the words “real property” shall include all improved land only and shall not include buildings. (63 Del. Laws, c. 166, § 6; 75 Del. Laws, c. 88, § 16(5).) § 408 Display of POW/MIA flag. State agencies, including all public schools, shall cause a POW/MIA flag to be displayed out-of-doors (weather permitting) on its installation, grounds or campus at each location on National POW/MIA Recognition Day. This section shall apply only where public buildings, including school buildings are equipped with flagpoles. (78 Del. Laws, c. 408, § 1.) Subchapter II Custodian of State House § 421 Duties. The Director of the Office of Management and Budget shall have general charge of the State House and administration buildings and shall see that they are properly cared for. The Director of the Office of Management and Budget shall assign all rooms in the State House and administration buildings for such uses and purposes as the Director may designate. (36 Del. Laws, c. 3, § 2; Code 1935, § 17; 29 Del. C. 1953, § 4502; 57 Del. Laws, c. 740, § 2B; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 16(5).) § 422 Appointments; duties; police powers. The Director of the Office of Management and Budget shall appoint persons who shall: (1) Care for the property belonging to this State; (2) Keep clean and in good order all the rooms, offices, apartments, library and furniture, halls, stairways and cellars in the buildings; (3) Attend to the heating of the same; (4) Look after the pavements and grounds attached thereto; and (5) Perform the duties and do any and all things directed to be done by the Director of the Office of Management and Budget. (36 Del. Laws, c. 3, § 3; Code 1935, § 18; 29 Del. C. 1953, § 4503; 57 Del. Laws, c. 740, § 2C; 63 Del. Laws, c. 419, § 1; 75 Del. Laws, c. 88, § 16(5); 75 Del. Laws, c. 322, § 7[6]) § 423 State House and administration buildings; days open [Repealed]. Repealed by 71 Del. Laws, c. 138, § 5, effective July 3, 1997. Page 11 Title 29 - State Government Part I General Provisions Chapter 5 State Archives and Historical Objects Subchapter I Public Records § 501 Statement of legislative intent; short title. (a) The General Assembly finds that public records are essential to the administration of state and local government. Public records contain information which allows government programs to function, provide officials with a basis for making decisions and ensure continuity with past operations. Public records document the legal responsibility of government, protect the rights of citizens and provide citizens with a means of monitoring government programs and measuring the performance of public officials. State and local government records also reflect the historical development of the government and of the citizens which it serves. Such records need to be systematically managed to ensure preservation of historically valuable materials, to provide ready access to vital information and to promote the efficient and economical operation of government. (b) The General Assembly intends by this subchapter to establish a single body of law applicable to all public officers and employees on the subject of public records management and preservation and to ensure that the procedures used to manage and preserve public records will be uniform throughout the State. (c) The Delaware Public Archives is established as a division within the Department of State and is charged with administering, implementing and enforcing all provisions of the Delaware Public Records Law as defined in this subchapter. (d) The Delaware Public Archives shall be the official repository for the archival records of this State and all political subdivisions thereof. (e) This subchapter may be cited as the “Delaware Public Records Law.” (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, § 11.) § 502 Definitions. As used in this subchapter, the following terms shall have the meanings indicated: (1) “Agency” means any office, department, board, commission or other separate unit of government of this State, including all branches of government: Executive, legislative and judicial. (2) “Archival record” means those records that contain significant information about the past or present or provide significant evidence of the organization, policies, procedures, decisions and essential transactions of public business and are therefore worthy of long-term preservation and systematic management for historical and other research. (3) “Custodian of public records” means the person designated, pursuant to § 520 of this title, or who is otherwise responsible for the creation or maintenance of public records. (4) “Electronic record” means a public record that is stored, generated, received or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another. (5) “Governing body” means the county council, levy court, city or town council, board or commission or other body authorized by law to govern the affairs of local government. (6) “Local government” means any county, city, town, municipality or other government, created by an act of the General Assembly, that is not a state agency, department, board or commission. (7) “Political subdivision” includes counties, cities, towns, districts, authorities and other public corporations and entities whether mandated by the Constitution or formed by an act of the General Assembly. (8) “Public record” means any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof. (9) “Records officer” means any person or persons designated according to the provisions of this chapter, whose responsibilities include the development and oversight of agency or local government records management programs. (10) “Records retention and disposition schedule” means a list or other instrument describing records and their minimum retention periods which is issued by the Delaware Public Archives. (11) “Vital records” means those records which contain information required for government to continue functioning during a disaster, protect the rights of Delaware citizens and document the obligations of Delaware government, and reestablish operations after a calamity has ended. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, § 12.) Page 12 Title 29 - State Government § 503 Duties of Delaware Public Archives concerning public records. (a) The Delaware Public Archives shall be responsible for establishing and enforcing the policies and guidelines for the management and preservation of all public records of this State and the political subdivisions thereof. (b) The Delaware Public Archives shall have the power, duty and authority to: (1) Establish and administer an archives and records management program for the application of efficient and economical methods to the creation, utilization, maintenance, retention, preservation and disposal of public records. (2) Analyze, develop, establish and coordinate standards, procedures and techniques of recordmaking and recordkeeping. (3) Preserve and administer in the Delaware Public Archives such records as may be transferred into its custody, carefully protecting such materials, and filing, classifying and cataloguing them for use. Provided, that any materials placed in the keeping of the Delaware Public Archives under special terms or conditions restricting their use shall be made accessible only in accordance with such terms or conditions. (4) Initiate appropriate action to recover records removed unlawfully or without authorization. (5) Establish a centralized micrographics and document imaging program for the benefit of all agencies, at the full cost of such goods and services, in accordance with § 6531 of this title. (6) Institute and maintain a training and information program in records and information management to bring approved and current practices, methods, procedures and devices for the efficient and economical management of records to the attention of all agencies and political subdivisions. (7) Establish and maintain a program in cooperation with state agencies and the political subdivisions of this State for the selection and preservation of vital records, or those records which are considered essential to the continuing operation of government and to the protection of the rights and privileges of citizens. (8) Promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter. (9) Adopt a seal of office for the purpose of certifying copies of public records. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 13-19.) § 504 Duties of public officials and employees concerning public records. (a) It shall be the responsibility of every public official and employee to: (1) Adequately document the transaction of public business and the services and programs for which such persons are responsible; (2) Retain and adequately protect all public records in their custody; and (3) Cooperate with the Delaware Public Archives and records officers in the establishment and maintenance of an active and continuous program for the economical and efficient management of public records. (b) No officer, member or employee of any agency of this State or any political subdivision thereof shall destroy, sell or otherwise dispose of any public record or printed public document in such person’s care or custody or under such person’s control without first having advised the Delaware Public Archives of their nature and obtained its consent. (66 Del. Laws, c. 211, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, §§ 20, 21.) § 505 Storage and protection of public records. (a) All public records of this State and the political subdivisions thereof shall be kept in facilities maintained by the agencies and offices responsible for the creation and maintenance of such records, unless the consent of the Delaware Public Archives is obtained for their transfer or storage elsewhere. (b) The chief administrative officer responsible for maintaining an office or offices wherein public records are created or kept shall establish such safeguards against damage, removal or loss of records as the chief administrative officer shall deem necessary and as may be required by rules and regulations issued under authority of this chapter. Such safeguards shall include but are not limited to notifying all officials and employees of the requirements and penalties of this chapter. (66 Del. Laws, c. 211, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, § 22.) § 506 Delivery of records to successors. The custodian of any public records shall, at the expiration of the custodian’s term of office, appointment or employment, deliver custody and control of all public records kept or received by the custodian in the transaction of official business to the custodian’s successor, supervisor or records officer, or, if there be none, to the Delaware Public Archives. (66 Del. Laws, c. 211, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, § 23.) § 507 Preservation of plans of state buildings and public works. (a) Complete copies of as-built drawings and specifications for all buildings and other public works that are built on state property, including alterations thereto, shall be deposited with the Delaware Public Archives for preservation and safekeeping. Page 13 Title 29 - State Government (b) The Office of Management and Budget shall not approve final payment for any construction project until permanent archival-quality copies of the architectural and engineering drawings have been deposited with the Delaware Public Archives. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 24, 25; 75 Del. Laws, c. 88, § 16(5).) § 508 Deposit of deeds to state-owned property with the Delaware Public Archives. All state agencies shall deposit with the Delaware Public Archives for preservation and safekeeping the original deeds to all stateowned property. The Delaware Public Archives shall give a receipt for each deed received into its custody. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 26, 27.) § 509 Duty of public officials to consult Delaware Public Archives before duplicating or repairing records. All public officials of this State and the political subdivisions thereof shall consult with the Department of State regarding proper methods and materials before undertaking the repair or restoration of any public record. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 28, 29.) § 510 Transfer of records upon termination of state agencies; political subdivisions. (a) All public records which are in or shall come into the possession of any state agency shall, upon termination of such agency, be transferred to the custody of the Delaware Public Archives, provided that such transfer is consistent with the provision of any such termination. (b) All public records which are in or shall come into the possession of any political subdivision of this State shall, upon termination or revocation of the charter of such political subdivision, be transferred to the custody of the Delaware Public Archives. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 30, 31.) § 511 Certified copies of records delivered to Delaware Public Archives for preservation. (a) The Delaware Public Archives may issue certified copies of any public records in its custody, as provided by § 10003 of this title, subject to the restrictions listed in § 10002 of this title, which certified copies shall be admissible in evidence in any court of justice or administrative hearing in the same manner and entitled to the same weight and have the same effect as certified copies made by the official from whose office such records were received. (b) The State Archivist and Records Administrator, or in his or her absence the Deputy State Archivist, may certify copies of any public records in the custody of the Delaware Public Archives under seal of the Delaware Public Archives. (66 Del. Laws, c. 211, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, §§ 32, 33.) § 512 Transfer of records to the Delaware Public Archives. (a) Selection and transfer of public records in the custody of any public official of this State or the political subdivisions thereof shall be based upon terms and conditions established in approved records retention and disposition schedules, and according to the rules and regulations established pursuant to the provisions of this chapter. (b) The Delaware Public Archives shall provide written notice a minimum of 10 working days prior to such transfers, unless there is immediate, actual or threatened damage, loss or destruction of public records, in which case, such transfer may be without notice. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 34-36.) § 513 Acquisition and custody of federal records. The Delaware Public Archives may acquire and take into its protective custody such public records in the custody of the government of the United States as may relate to the State. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 37-39.) § 514 Inspection of public records by the Delaware Public Archives. For the purpose of this chapter all custodians of public records of this State and the political subdivisions thereof shall, upon the request of the State Archivist and Records Administrator, afford to the State Archivist and Records Administrator or Delaware Public Archives staff designated by the Archivist all proper and reasonable access to and examination of all public records in their custody. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 40, 41.) § 515 Microfilming and other document imaging services; appropriations and expenditures. (a) Any program or function of any state agency or local government, which requires microfilm or other document imaging services, must include provisions for the anticipated cost of such services. Agencies may choose to contract with the Delaware Public Archives for microfilm and document imaging services in accordance with the provisions of § 6531 of this title. (b) The Department of Finance shall not approve expenditure of funds used for the development, implementation or maintenance of microfilm or document imaging programs, including contracting with a commercial service provider or purchase of equipment or Page 14 Title 29 - State Government software, without prior written approval of the Delaware Public Archives. Any programs or projects in operation must adhere to standards established by the Delaware Public Archives to allow for approval of expenditures. (Code 1935, § 1090B; 42 Del. Laws, c. 96, § 4; 29 Del. C. 1953, § 3330; 57 Del. Laws, c. 608, §§ 1B, 1J; 65 Del. Laws, c. 348, § 99; 66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 42-44; 72 Del. Laws, c. 382, § 2.) § 516 Responsibility of the Delaware Public Archives concerning records created or reproduced by photographic or microphotographic means; admissibility of photographic copies of records in evidence. (a) The Delaware Public Archives shall be responsible for monitoring the use of photographic or microphotographic processes in the creation or duplication of public records. (1) The Delaware Public Archives shall enforce compliance with approved procedures and standards of quality, to be established by the Delaware Public Archives pursuant to the provisions of this chapter, regarding creation and storage of public records by microphotography or other means. (2) Destruction of original records which have been duplicated shall require the prior approval of the Delaware Public Archives. (b) Photographs, photocopies or microfilm of any record photographed, photocopied or microfilmed as provided in this chapter shall have the same force and effect as the originals thereof would have had and shall be treated as originals for the purpose of their admissibility in evidence. Certified or authenticated copies of such photographs, photocopies or microfilm or enlargements thereof shall be admitted in evidence equally with the original photographs, photocopies or microfilm. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 45-49.) § 517 Standards for methods and materials used for public records. (a) All custodians of public records of this State and the political subdivisions thereof, whose duty it shall be to create any public record, shall not use or permit to be used for recording purposes, any materials or methods which do not meet standards of quality established by the Delaware Public Archives. (b) The Delaware Public Archives may require that certain records shall be kept on permanent-durable paper. The Delaware Public Archives may require the microfilming of records that are not produced on permanent-durable paper. (c) The Delaware Public Archives shall make available, upon request, its standards of quality for methods and materials. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 50-52.) § 518 Recovery of records; replevin. (a) The chief administrative officer of each state agency and political subdivision of this State shall notify the Delaware Public Archives of any actual, impending or threatened unlawful removal, defacing, alteration or destruction of records that shall come to his or her attention, and with the assistance of the Delaware Public Archives shall initiate action through the Attorney General for recovery of such records as shall have been unlawfully removed and for such other redress as may be provided by law. (b) Upon the request of the State Archivist and Records Administrator, the Attorney General shall have the authority to enjoin, recover and replevin any public records which have been unlawfully transferred or removed in violation of this subchapter or otherwise transferred or removed unlawfully through whatever means of equitable relief necessary. Such records shall be returned to the office of origin or to the Delaware Public Archives. (66 Del. Laws, c. 211, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, §§ 53, 54.) § 519 Delaware Public Archives to be depository for reports, publications, rules and regulations. (a) The Delaware Public Archives is hereby constituted the central depository for the reports, publications, rules and regulations of the government of this State and all political subdivisions thereof. It shall be the duty of all state agencies and political subdivisions of this State to deposit with the Delaware Public Archives 2 copies of the best edition of all reports and publications issued for general public distribution. Said deposit shall also include 2 complete and current sets of respective rules and regulations and any changes as they occur. (b) The Delaware Public Archives shall have the authority to determine whether or not any of said publications lack sufficient information for retention as research materials, and it may request the publishing agency to discontinue depositing such publications with the Archives. The Delaware Public Archives may preserve copies of any publications deposited for preservation and may destroy the originals after copies created on a recording medium that meets the standards of quality for methods and materials established under § 517 of this chapter have been made and preserved. (29 Del. C. 1953, § 3309; 51 Del. Laws, c. 207; 57 Del. Laws, c. 608, §§ 1B, 1E, 1F; 62 Del. Laws, c. 327, § 2; 66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, §§ 55-57.) § 520 Custodian designated. The chief administrative officer or officers charged by law with the responsibility of maintaining offices having public records shall be the official custodian of such public record. However, upon transfer of any and all public records to the Delaware Public Archives for archival preservation, the State Archivist and Records Administrator shall become the designated custodian. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, § 58.) Page 15 Title 29 - State Government § 521 Appointment of records officers. (a) Each state agency and political subdivision of this State shall designate as many as appropriate, but at least 1, records officer to serve as liaison with the Delaware Public Archives for the purpose of implementing and overseeing a records management program, and coordinating legal disposition, including destruction of obsolete records. (b) Appointment of state agency records officers shall be made by the respective heads of each agency. (c) Appointment of records officers for the political subdivisions of this State shall be made by the chief administrative official of such political subdivision. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, § 59.) § 522 Appointment of State Archivist and Records Administrator; qualifications for position; removal from office. (a) The Secretary of State shall appoint with a fixed salary, and with written approval of the Governor, a director for the Delaware Public Archives who shall have the title (State Archivist and Records Administrator) who shall be qualified by training and experience to perform the duties of the office, and who may be removed from office by the Secretary with written approval of the Governor. (b) The State Archivist and Records Administrator shall have such powers, duties and functions in the administration and operation of the Delaware Public Archives and implementation of the Delaware Public Records Law as may be assigned by the Secretary or required by the Delaware Public Records Law. (66 Del. Laws, c. 211, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, § 60.) § 523 Council on Archives [Repealed]. (73 Del. Laws, c. 365, § 1; repealed by 78 Del. Laws, c. 328, § 1, eff. July, 12, 2012.) § 524 Records retention and disposition schedules. The Delaware Public Archives shall, after consultation with appropriate state agencies, or political subdivisions of this State, establish records retention and disposition schedules setting forth the minimum length of time that records need to be retained. If any state or federal law or regulation provides a retention period different from that established by the records retention period and disposition schedule established herein, the retention period established by law or regulation shall govern. (66 Del. Laws, c. 211, § 1; 72 Del. Laws, c. 91, § 63.) § 525 Delaware Cultural Access Fund. (a) There is hereby established a special fund to be known as the Delaware Cultural Access Fund. Such fund shall consist of revenues derived from the imposition of the additional fee authorized pursuant to § 9607 of Title 9 which may be supplemented in the discretion of the Secretary of State by funds received through § 2311 of this title and the Technology Infrastructure Fund in the Department of State. (b) These funds shall be used to promote, preserve and protect the State’s cultural assets and shall be used to fund services provided through the Delaware Public Archives, Division of Libraries, Division of the Arts, and Division of Historical and Cultural Affairs. (c) All fees received by the State Treasurer and other moneys appropriated or received for the purposes stated in subsection (b) of this section shall be deposited in an appropriated special fund which shall be administered by the Secretary of State, under the same type of budget and financial controls as the General Fund of this State. (d) [Deleted.] (67 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 91, §§ 64-66; 73 Del. Laws, c. 365, § 2; 77 Del. Laws, c. 75, §§ 2-4; 80 Del. Laws, c. 79, § 126.) § 526 Penalties. Whoever violates §§ 504, 506, 507, 508, 509, 512, 514, 517 and 519 of this title shall be guilty of an unclassified misdemeanor and shall be fined not more than $500, or imprisoned not more than 3 months, or both. (66 Del. Laws, c. 211, § 1; 67 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 91, § 67.) §§ 527-536 Subchapter II Historical Buildings, Sites, Objects and Archaeological Resources § 551 Powers with respect to historical buildings, sites, objects and archaeological resources. (a) To prevent the further loss of part of our national heritage and culture through the deterioration or neglect of historic buildings, sites, objects or archaeological resources within this State, including archaeological resources in or on subaqueous lands pursuant to Chapter 53 of Title 7, the Department of State may survey, examine, select for preservation, acquire, repair, restore, operate and make available Page 16 Title 29 - State Government for public visitation and use such historic buildings, sites, objects or archaeological resources as it may deem worthy of preservation in the best public interest for the fulfillment of the purposes of this subchapter. (b) When any property heretofore or hereafter acquired by the Department by gift, devise, purchase or otherwise is no longer needed for historical programming purposes the Department shall attempt to dispose of the property as follows: (1) If at the time of the Department’s determination to dispose of the property, the property is subject to a revenue producing lease agreement which has been in force for a period of at least 5 years, the Department shall, in writing, notify the tenant that the property is no longer needed for historical programming purposes. Such notice shall inform the tenant of the Department’s desire to sell the property, and include a copy of the Department’s approved appraisal and a purchase agreement containing the terms and conditions for sale to the tenant. The sale price shall not be less than the approved appraised value. If the tenant elects to purchase the property, the tenant shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the tenant has, in writing, waived any desire to purchase the property, or if the property is subject to multiple leases. Failure of the tenant to respond to the notice within 30 days shall constitute a waiver of the tenant’s rights hereunder. (2) If the provisions of paragraph (b)(1) of this section do not apply, or were forfeited through lack of response, or were waived by the tenant, or the tenant fails to comply with the terms and conditions of the purchase agreement, the Department may dispose of the property in accordance with the procedures outlined in Chapter 94 of this title. (3) Prior to the sale of any historic property, the Department shall present the details of the proposed sale to the Controller General and the Director of the Office of Management and Budget for their approval. (48 Del. Laws, c. 265, § 1; 29 Del. C. 1953, § 3351; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 153, §§ 14, 15; 76 Del. Laws, c. 288, § 65.) § 552 Acquisition of land; contracts. (a) The Department may acquire by gift, devise, purchase or otherwise, absolutely or in trust, and hold and, unless otherwise restricted by the terms of the gift or devise, encumber, convey or otherwise dispose of any real property or of any estate or interest therein as may be necessary in carrying into effect the purposes of this subchapter. (b) The Department may enter into contracts and execute all instruments necessary to fulfill its duties respecting the protection, preservation, maintenance or operation of such historic buildings, sites, objects or archaeological resources it may select. (48 Del. Laws, c. 265, §§ 2, 3; 29 Del. C. 1953, § 3352; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 153, § 14.) § 553 Employees; duties. The Department shall appoint and prescribe the duties of such employees or agents as may be necessary to carry out its functions and shall fix their rate of compensation. (48 Del. Laws, c. 265, § 4; 29 Del. C. 1953, § 3353; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1.) § 554 Powers with respect to historical buildings, sites, objects and archaeological resources. (a) A trust fund is continued under the jurisdiction of the Department of State subject to audit by the Secretary of Finance or its authorized agents to accept, hold and administer gifts and bequests of money, securities or other personal property of whatsoever character, absolutely or on trust. (b) Unless otherwise restricted by the terms of the gift or bequest, the Department may sell, exchange or otherwise dispose of and invest or reinvest in such investments as it may determine from time to time the moneys, securities or other property given, bequeathed or appropriated to it. (c) The principal of such funds, together with the income therefrom and all other revenues received by it from any source whatsoever for this purpose, shall be deposited in a special fund of the State. (d) When the principal and accrued interest of the trust fund shall have accumulated sufficiently in the judgment of the Department to undertake the preservation of a historic building, site, object or archeological resource, the accrued funds, principal and interest may be expended for that purpose. (48 Del. Laws, c. 265, § 5; 29 Del. C. 1953, § 3354; 57 Del. Laws, c. 608, §§ 1B, 1K; 63 Del. Laws, c. 142, § 42; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 153, § 14.) § 555 Reserved power to repeal or amend this subchapter. The right to repeal, alter or amend this subchapter at any time is expressly reserved, but no contract or individual right made or acquired shall thereby be divested or impaired. (48 Del. Laws, c. 265, § 6; 29 Del. C. 1953, § 3355; 66 Del. Laws, c. 211, § 1.) § 556 Purchase of state papers [Repealed]. Repealed by 72 Del. Laws, c. 91, § 71, effective July 1, 1999. Page 17 Title 29 - State Government § 557 Fort Christina Monument. The land acquired at “The Rocks” on the Christina River in the City of Wilmington for the purpose of creating there a state park to mark perpetually the place where the first Swedish settlers landed and the site of Fort Christina, the first permanent settlement in this State as well as the first permanent settlement in the Delaware River Valley, shall be known and designated as the Fort Christina Monument. The Department of State shall have jurisdiction, control and maintenance of the Fort Christina Monument. (29 Del. C. 1953, § 3357; 53 Del. Laws, c. 256; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1.) § 558 Erection and maintenance of historic markers; employment of expert assistance; unauthorized possession or transportation; duplication. (a) The Department of State shall: (1) Determine and select such points of historic interest throughout this State as the Department thinks should be marked with a suitable monument, tablet or marker; (2) Design, purchase and erect monuments, tablets or markers which the Department may decide to be appropriate at such points, indicating thereon the events commemorated and having such other suitable inscription as may seem necessary; and (3) Keep in good repair all monuments, tablets and markers erected by the Historic Markers Commission and also all monuments, tablets and markers erected by the Department of State. (b) The Department may employ such expert assistance to aid in its historical researches as it may deem necessary to effectively carry out the purposes of this section. (c) All historical markers which are erected by the Department of State shall be the property of the State. No person, entity or business shall possess, transport, alter or remove said marker without written authority of an appropriate official of the Department of State. Further, no person, entity or business shall receive, retain, alter or dispose of state historical markers absent written authorization of an appropriate official of the Department of State. Unauthorized recipients of these markers may be prosecuted criminally for receiving stolen property. (d) The Department of State may establish rules or regulations regarding all aspects of state historical markers. Other persons, entities or businesses shall not duplicate state historical markers, or create, obtain or install similar markers with an intent to mislead or deceive the public. (41 Del. Laws, c. 94, §§ 1-3; 29 Del. C. 1953, § 3308; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1; 69 Del. Laws, c. 247, § 1.) § 559 Display and distribution of state flag. (a) State agencies, including all public schools, shall cause the flag of this State to be displayed out-of-doors (weather permitting) on its installation, grounds or campus at each location. This section shall apply only where public buildings, including school buildings, are equipped with flagpoles. (b) To carry out the purpose of subsection (a) of this section, the Office of Management and Budget shall purchase and distribute as many flags of this State as necessary to supply each agency and public school with the initial issue, upon certification by the agency or public school head that such purchase is initial and not a replacement. (29 Del. C. 1953, § 7602; 57 Del. Laws, c. 431, § 1; 63 Del. Laws, c. 165, §§ 1, 2; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 88, § 16(5).) § 560 Freedom Trail. Consistent with the authority granted to the Department of State pursuant to §§ 551 and 552 of this title, the Department shall consider and recognize Delaware’s Underground Railroad and other historical sites associated with African American Freedom in Delaware and designate such sites with specially designated Freedom Trail markers. The Department shall recognize Delaware’s underground railroad trail by utilizing the historical markers program to identify important historical sites as evidence of the struggle for freedom over slavery, segregation and other forms of injustice. (73 Del. Laws, c. 357, § 1.) Subchapter III State Museum § 571 Establishment of State Museum. The Department of State may establish and maintain under its jurisdiction a division to be known as the Delaware State Museum to be located in the City of Dover. (46 Del. Laws, c. 261, § 1; 29 Del. C. 1953, § 3371; 57 Del. Laws, c. 608, §§ 1B, 1M; 66 Del. Laws, c. 211, § 1.) § 572 Purpose of State Museum. The purpose of the Delaware State Museum is to: Page 18 Title 29 - State Government (1) Collect and preserve for the citizens of Delaware permanent exhibits of some phases of the social, cultural, industrial, agricultural and commercial life of the State and of its natural resources; (2) Prepare and circulate for use in the schools of the State portable exhibits of instructive material which will aid in a better understanding of the past and present activities in Delaware; and (3) Convey to the visitors to the State a better understanding of the contributions of Delaware toward the growth of our nation from the time of our first settlement to the present day. (46 Del. Laws, c. 261, § 2; 29 Del. C. 1953, § 3372; 66 Del. Laws, c. 211, § 1.) § 573 Powers and duties with respect to State Museum. The Department may: (1) Solicit and receive funds for the purpose of restoring and equipping the State Museum; and (2) Collect and prepare suitable exhibits, purchase necessary supplies, tools and equipment and employ a curator and other personnel necessary for the adequate operation of the State Museum. (46 Del. Laws, c. 261, § 4; 29 Del. C. 1953, § 3373; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1.) § 574 Expenses and insurance of State Museum. The expenses of water, electric lights, heating fuel and janitors’ supplies shall be paid from the funds of the Department. The State Insurance Commissioner shall provide adequate insurance for protection against fire, smoke, theft and wind damage. (46 Del. Laws, c. 261, § 5; 29 Del. C. 1953, § 3374; 66 Del. Laws, c. 211, § 1.) Page 19 Title 29 - State Government Part I General Provisions Chapter 6 Miscellaneous Provisions § 601 Obtaining portraits by gift. The Department of State shall continue to obtain, by gift, portraits of the signers of the Declaration of Independence, governors, United States Senators, Representatives, judges of courts, cabinet officers, Naval, Army and Air Force officers and colonial and United States officials who are from Delaware. (29 Del. C. 1953, § 3501; 57 Del. Laws, c. 608, § 4; 70 Del. Laws, c. 186, § 1.) § 602 Certified or registered mail. The State, its various offices, departments and agencies may use certified mail in all cases where registered mail was required prior to September 30, 1959. (29 Del. C. 1953, § 7601; 52 Del. Laws, c. 191, § 1.) § 603 Identification of state vehicles. All state-owned boats and motor vehicles shall bear prominent identification, at least on the rear thereof, identifying such vehicles as state-owned vehicles. Exceptions are the Governor’s car, vehicles of the State Police, state detectives, enforcement vehicles of the Department of Natural Resources and Environmental Control operated by environmental protection officers, Alcoholic Beverage Control Commission and certain special use vehicles operated by the Division of Adult Corrections, the Division of Juvenile Corrections, State Fire Marshal’s Office and the Controlled Substances Program of the Department of Health and Social Services. (59 Del. Laws, c. 381, § 24; 60 Del. Laws, c. 588, § 1; 63 Del. Laws, c. 336, § 1.) § 604 Notification to Governor and General Assembly of rules and regulations promulgated by state agencies [Repealed]. Repealed by 69 Del. Laws, c. 107, § 3, effective Jan. 1, 1994. § 605 Promulgation of rules and regulations by state agencies — Review by Attorney General to determine effect on private property right. (a) No rule or regulation promulgated by any state agency shall become effective until the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing as to the potential of the rule or regulation to result in a taking of private property. (b) Judicial review of actions taken pursuant to this section shall be limited to whether the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing. (c) The term “taking of private property” as used under this section shall mean an activity wherein private property is taken such that compensation to the owner of that property is required by the Fifth and Fourteenth Amendments to the Constitution of the United States or any other similar or applicable law of this State. (d) Nothing in this section shall affect any otherwise available judicial review of agency action. (68 Del. Laws, c. 191, § 1.) § 606 Interpreting of significant State events for the hearing impaired. The General Assembly, finding that the hearing impaired are an important but often neglected portion of Delaware’s citizenry, hereby requests that significant State events be interpreted for the hearing impaired. “Significant State events” include, but are not limited to, the following: The Governor’s state of the State; the Governor’s budget address to the General Assembly; and inaugural addresses. (70 Del. Laws, c. 549, § 1.) § 607 Use of automated answering systems by state agencies, limitations. All state agencies shall require that the publicly listed telephone number or numbers for that agency be answered by a person who can direct each call to the proper person or department within that agency during normal business hours. Notwithstanding the foregoing, the satellite offices of state agencies which have no more than 1 full-time employee to provide clerical and secretarial services shall be exempt from the requirements of this section. “Publicly listed” shall mean listed in a local telephone directory (i.e., Government Blue Pages). “Normal business hours” shall mean each Monday through Friday, except those days designated as holidays, during the hours in which the staff of that agency is scheduled to work. Nothing in this section shall prohibit the internal use of voice mail or other advanced technologies if the agency finds them to be useful. However, any such system shall contain within its message a description of normal business hours and a phone number which Page 20 Title 29 - State Government will be answered by a person during normal business hours. An automated call distribution system in high volume customer service areas designed to minimize waiting times shall be permissible under this section provided that the system provides callers with an option to speak directly with an agency representative if they should choose to do so. (72 Del. Laws, c. 281, § 1.) § 608 Use of respectful language when referring to persons with disabilities. (a) The General Assembly recognizes that language used in reference to individuals with disabilities shapes and reflects society’s attitudes toward people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The General Assembly finds it necessary to clarify preferred language for new and revised laws and rules by requiring the use of terminology that puts the person before the disability. (b) From August 17, 2011, all new and revised statutes, administrative rules, local laws, ordinances, charters or regulations promulgated or any publication published by the State or any political subdivision that refers to persons with disabilities shall: (1) Avoid language that: a. Implies that a person as a whole is disabled, such as the “mentally ill,” “retarded” or the “learning disabled,” or b. Equates persons with their conditions, such as “epileptics,” “autistics,” or “quadriplegics;” and (2) Replace nonrespectful language by referring to persons with disabilities as persons first; for example, “persons with disabilities,” “persons with developmental disabilities,” “persons with mental illness,” “persons with autism,” or “persons with cognitive disabilities.” (c) Violation of this section shall not be grounds to invalidate any new or revised statutes, administrative rules, local laws, ordinances, charters, or regulations promulgated or any publication published by the State or any political subdivision; provided, however, such documents shall be changed to reflect the provisions of this section in subsequent revisions. (d) Nothing in this section shall constitute a requirement to change the name of any agency or program. Existing printed material may be utilized until such time as supplies are required to be replenished. (e) Nothing in this section shall be construed as changing the application of any provision affected by this section to any person. This section does not apply where a reference to a particular word or phrase is required by federal law or regulation or state statute. (78 Del. Laws, c. 180, § 1.) § 609 Lead paint on outdoor structures. All provisions of this title must comply with Chapter 30M of Title 16. (81 Del. Laws, c. 396, § 8.) Page 21 Title 29 - State Government Part II The General Assembly Chapter 7 General Provisions § 701 Designation of meetings of General Assembly. (a) (1) The meetings of the General Assembly shall be designated by numbers with a new consecutive number designated every 2 calendar years. The General Assembly sitting in 1961 and 1962 shall be designated as the 121st General Assembly. (2) The session of the General Assembly commencing on the first Tuesday of January, 1961, shall be designated as the first regular session of the 121st General Assembly. The session of the General Assembly commencing on the first Tuesday of February, 1962, shall be designated as the second regular session of the 121st General Assembly. The subsequent regular sessions of the General Assembly commencing in odd years shall be known as the first regular session and the regular sessions commencing in even years shall be known as the second regular session of a numbered General Assembly. (b) A special session of a General Assembly shall be so designated through a distinguishing designation. (c) This method of designation shall be used in all official references to the General Assembly and its sessions. (21 Del. Laws, c. 9, § 4; 27 Del. Laws, c. 15; Code 1915, § 369; Code 1935, § 339; 29 Del. C. 1953, § 701; 53 Del. Laws, c. 188.) § 702 Oaths of office. The proper oaths of office may be administered to members of either House of the General Assembly by any other member of the same branch and to the Clerk and Sergeant At Arms of either House by the Speaker thereof. (Code 1852, § 2354; Code 1915, § 4242; Code 1935, § 4712; 29 Del. C. 1953, § 702.) § 703 Delivery of election certificates. The Senate may compel a delivery to it of the certificate of election of Governor or Lieutenant Governor or of the election of any of its members and for that purpose may arrest any officer presiding at a board of canvass and punish as a contempt the neglect to deliver such certificate. The House of Representatives may compel the delivery of the certificate of election of any of its members by like proceeding. (Code 1852, § 475; 21 Del. Laws, c. 38, § 28; Code 1915, § 360; Code 1935, § 331; 29 Del. C. 1953, § 703.) § 704 Powers respecting elections and election contests. (a) The Senate and House of Representatives may compel the delivery of ballot boxes to either House, as provided by § 5716 of Title 15. (b) Whenever there shall be a vacancy in either House of the General Assembly, when the same shall be in session, the Presiding Officer of the House in which the vacancy exists shall issue a writ of election to fill the vacancy, as prescribed by §§ 7101-7109 of Title 15. (c) [Repealed.] (d) Any order for the payment of costs by the contestant, in case of a contested election for members of the General Assembly, shall be enforced by a writ issued by the Speaker or President, as the case may be, of the House in which such election was contested, as provided by § 5908 of Title 15. (Code 1852, §§ 379, 404-407, 434; 21 Del. Laws, c. 38, § 31; Code 1915, § 365; Code 1935, § 336; 29 Del. C. 1953, § 704; 82 Del. Laws, c. 141, § 23.) § 705 Power of subpoena; administration of oaths or affirmations; penalties for noncompliance. (a) Whenever it is necessary in connection with any of the powers and duties of the General Assembly of the State, the Senate or the House of Representatives may require the attendance of any resident of the State and may require any resident to produce any records or papers in the resident’s possession located within the State by issuing subpoenas and any other necessary legal process. (b) Any member of the General Assembly may administer oaths or affirmations to witnesses in connection with any hearing or investigation conducted by the House of which such person is a member or a committee of which such person is a member. (c) Whoever having been summoned as a witness as provided in subsection (a) of this section willfully makes default or whoever, having appeared, refuses to answer any question pertinent to the question under inquiry or whoever having possession of records required in a subpoena fails to produce the same shall be fined not more than $1,000, or imprisoned not more than 12 months, or both. (d) Nothing in this section shall be construed as a waiver by the General Assembly of its inherent right to issue subpoenas and to punish for contempt of the General Assembly without the intervention of a court. (Code 1852, § 2355; Code 1915, § 4243; Code 1935, § 4713; 29 Del. C. 1953, § 705; 50 Del. Laws, c. 382, § 1; 70 Del. Laws, c. 186, § 1.) § 706 Notice of petition for private act. A petition for any private act shall not be received or acted upon by the General Assembly unless 1 month’s notice of the intention to present such petition has either been served in writing upon the person or persons to be affected by such act or published in a newspaper Page 22 Title 29 - State Government published within the county of the petitioner’s residence, if there is one or, if there is none, then in a newspaper published within the State. Proof of such notice may be dispensed with if the object of the petition is of such nature that no person other than the petitioner can be affected thereby. (Code 1852, §§ 476, 477; Code 1915, § 361; Code 1935, § 332; 29 Del. C. 1953, § 706.) § 707 Supplies and postage. All stationery, supplies and postage for the use of the General Assembly shall be purchased by the Legislative Council pursuant to § 708 [repealed] of this title and Chapter 68 [repealed] of this title and shall be kept in the control of the Legislative Council, which shall be the custodian and dispenser of all such stationery, supplies and postage to the members of the General Assembly. (24 Del. Laws, c. 88, §§ 1-3; Code 1915, § 364; 36 Del. Laws, c. 73, § 8; Code 1935, §§ 253, 335; 29 Del. C. 1953, § 707; 51 Del. Laws, c. 134, § 4; 59 Del. Laws, c. 253, § 5.) § 708 Requisition of supplies and postage [Repealed]. Repealed by 59 Del. Laws, c. 253, § 6, effective Feb. 5, 1974. § 709 Withholding of compensation. Any member or officer of the General Assembly may elect to have withheld from the compensation paid to such member or officer those sums of moneys required during each pay period for federal income tax, state income tax and social security. Any member or officer of the General Assembly making such election shall notify the State Treasurer in writing thereof, and the State Treasurer, upon receiving notice of such election, shall withhold from the compensation paid to the member or officer of the General Assembly those sums of moneys required during each pay period for federal income tax, state income tax and social security and make payment thereof in accordance with federal and state laws. (29 Del. C. 1953, § 709; 56 Del. Laws, c. 370, § 1.) § 710 Compensation of Lieutenant Governor and members of General Assembly. (a) The Lieutenant Governor shall receive an annual salary of $76,250 for serving as President of the Senate, of which $13,725 shall be for performing other duties. (b) Effective July 1, 2001, each member of the Senate and the House of Representatives shall receive an annual salary, as determined in the annual appropriations act, for the period commencing on Election Day in the year in which the member is elected and extending through and including the day preceding Election Day in the year in which the term expires. The salary shall be payable biweekly and shall be lagged in accordance with the PHRST payroll system. (c) Any member of the Senate or the House of Representatives who is elected or appointed to any of the following positions shall, while serving in such position, receive additional yearly compensation as follows: (1) President Pro Tempore of the Senate $19,893.00 (2) Speaker of the House of Representatives 19,893.00 (3) Majority and Minority Leader of the Senate 12,376.00 (4) Majority and Minority Leader of the House Finance Committee 12,376.00 (5) Chairperson and Vice Chairperson of the Joint 11,459.00 (6) Majority and Minority Whip of the Senate 7,794.00 (7) Majority and Minority Whip of the House 7,794.00 (8) 9,626.00 Page 23 Members of the Joint Finance Committee Title 29 - State Government (9) 4,578.00 (10) Chairperson Members 3,852.00 (11) Chairperson 4,578.00 (12) and Members Vice Chairperson of and Vice of the Chairperson the of the Capital of Joint the Joint Legislative Capital Improvement Improvement Legislative Oversight Program Program Oversight and and Committee Committee Sunset Sunset Committee Committee 3,852.00 A member of the General Assembly shall be entitled to receive the higher of any one of the above stipends and receive 1/2 of the amount of a second stipend of an equal or lesser amount. Eligible recipients of a second stipend may choose not to accept such additional stipend. The stipend or stipends included herein shall commence immediately when such member is elected or appointed to such position or positions. Payments to such members shall be as described in § 2712 of this title. (d) Any member of the Senate or the House of Representatives who is elected or appointed to any of the positions listed in subsection (c) of this section and who is entitled to receive additional semimonthly compensation as provided by subsection (c) of this section shall continue to receive such semimonthly compensation until the member’s successor has been elected or appointed. (60 Del. Laws, c. 82, § 1; 60 Del. Laws, c. 98, § 1; 62 Del. Laws, c. 68, §§ 89-91; 62 Del. Laws, c. 277, §§ 15, 16, 38; 63 Del. Laws, c. 80, §§ 16, 17, 48; 63 Del. Laws, c. 322, §§ 19, 20, 47; 64 Del. Laws, c. 220, §§ 13-15; 64 Del. Laws, c. 225, § 7; 64 Del. Laws, c. 334, §§ 11(f)-(h), 33, 34, 78(a); 69 Del. Laws, c. 64, § 10(e); 69 Del. Laws, c. 291, §§ 10(e), 38; 70 Del. Laws, c. 118, § 10(e); 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, § 10(f); 71 Del. Laws, c. 132, § 10(f); 71 Del. Laws, c. 354, § 10(f); 72 Del. Laws, c. 94, § 10(f); 72 Del. Laws, c. 395, § 10(f); 72 Del. Laws, c. 489, § 24; 73 Del. Laws, c. 74, § 10(f); 73 Del. Laws, c. 312, § 10(f); 74 Del. Laws, c. 68, § 10(f); 74 Del. Laws, c. 307, § 10(f); 75 Del. Laws, c. 89, § 10(f); 75 Del. Laws, c. 350, § 10(f); 76 Del. Laws, c. 80, § 10(f); 80 Del. Laws, c. 260, § 2.) § 711 Expenses of members of General Assembly. Every member of the General Assembly shall receive $2,637.60 annually for expenses, payable semimonthly commencing on the eleventh month, fifteenth day of the year in which the member is elected through the tenth month, thirty-first day of the year in which the member’s term expires. Effective January 1, 1995, every member of the General Assembly shall receive annual expenses payable semimonthly for the period commencing on the first of the eleventh month in the year in which the member is elected through the thirty-first day of the tenth month in the year in which the term expires. In any calendar month, the first payment of 1/24 of the statutory or stipulated annual expenses shall be made on the fifteenth day of such month for the period from the sixteenth day through and including the last day of the preceding month; the second payment of 1/24 of the statutory or stipulated annual expenses shall be made on the last day of each month for the period from the first day through and including the fifteenth day of the current month. (60 Del. Laws, c. 82, § 2; 62 Del. Laws, c. 68, § 92; 64 Del. Laws, c. 334, § 35; 69 Del. Laws, c. 291, § 39; 70 Del. Laws, c. 186, § 1.) Page 24 Title 29 - State Government Part II The General Assembly Chapter 8 Composition of and Reapportionment of the General Assembly Subchapter I General Provisions § 801 Composition of the House of Representatives. The House of Representatives shall be composed of 41 members who shall be chosen to hold office for 2 years. The State shall be divided into 41 representative districts, from each of which shall be chosen, by the qualified electors thereof, 1 Representative. (29 Del. C. 1953, § 601; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, § 9; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 1.) § 802 Composition of the Senate; staggered terms. The Senate shall be composed of 21 members who shall be chosen to hold office for 4 years. The State shall be divided into 21 senatorial districts, from each of which shall be chosen by the qualified electors thereof, 1 Senator. The terms of office of the several Senators shall be staggered so that 10 Senators shall be elected at the first biennial general election following June 30, 2011, for a term of 2 years, and 11 Senators shall be elected at such election for a term of 4 years. (29 Del. C. 1953, § 602; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, §§ 10, 11; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 1.) § 803 Numbering of districts. Each representative district and each senatorial district shall be designated by number. (29 Del. C. 1953, § 605; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, §§ 14-17; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 1.) § 804 Determining district boundaries; criteria. In determining the boundaries of the several representative and senatorial districts within the State, the General Assembly shall use the following criteria. Each district shall, insofar as is possible: (1) Be formed of contiguous territory; (2) Be nearly equal in population; (3) Be bounded by major roads, streams or other natural boundaries; and (4) Not be created so as to unduly favor any person or political party. (29 Del. C. 1953, § 606; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1.) § 804A Determining district boundaries for incarcerated individuals; criteria. (a) The General Assembly, in determining the reapportionment and redistricting for the State, applying the criteria set forth in § 804 of this title, and using the official reporting of the federal decennial census as set forth in § 805 of this title, shall not count as part of the population in a given district boundary any incarcerated individual who: (1) Was incarcerated in a state or federal correctional facility, as determined by the decennial census; and (2) Was not a resident of the State before the person’s incarceration. (b) The General Assembly, in determining the reapportionment and redistricting for the State as provided in this subchapter, shall count as part of the population in a given district boundary any individual incarcerated in a state or federal correctional facility, as determined by the decennial census, if the individual was a resident of the State prior to incarceration. Such individual shall be counted for reapportionment and redistricting purposes at the individual’s last known residence prior to incarceration. (c) This section shall not apply to the redistricting of the State following the 2010 federal decennial census. This section shall apply to the redistricting of the State following each federal decennial census thereafter. (77 Del. Laws, c. 472, § 1; 78 Del. Laws, c. 24, § 1.) § 805 Redistricting after federal decennial census. The apportionment provided for by this chapter shall continue in effect until the official reporting by the President of the United States of the next federal decennial census. After the official reporting of the 2020 federal decennial census by the President to Congress, the General Assembly shall, not later than June 30, 2021, reapportion and redistrict the State, wherever necessary, for the general election of 2022 and thereafter in such a manner that the several representative and senatorial districts shall comply, insofar as possible, with Page 25 Title 29 - State Government the criteria set forth in § 804(1)-(4) of this title. Such apportionment shall thence continue in effect until the next succeeding federal decennial census. (29 Del. C. 1953, §§ 605, 607; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, §§ 14-18; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 73, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 2.) § 806 Staggered senatorial districts. (a) The Senators from the 1st, 5th, 7th, 8th, 9th, 12th, 13th, 14th, 15th, 19th and 20th Senatorial Districts shall be elected for 4-year terms in 2012 and 2016 and for a 2-year term in 2020. (b) The Senators from the 2nd, 3rd, 4th, 6th, 10th, 11th, 16th, 17th, 18th and 21st Senatorial Districts shall be elected for a 2-year term in 2012 and for 4-year terms in 2014 and 2018. (29 Del. C. 1953, § 608; 54 Del. Laws, c. 360; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, § 19; 58 Del. Laws, c. 547; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 2.) Subchapter II General Assembly House Of Representatives Districts § 821 Boundaries of the General Assembly House of Representative Districts. The boundaries of the General Assembly House of Representative districts shall be described as follows: (1) First Representative District. — The 1st Representative District shall comprise: all that portion of City of Wilmington and New Castle County bounded by a line beginning at the point of intersection of Marsh Road and I-95, and proceeding southerly along Marsh Road to Philadelphia Pike, and proceeding westerly along Philadelphia Pike to Edgemoor Road, and proceeding southerly along Edgemoor Road to I-495, and proceeding westerly along I-495 to the Edgemoor/Wilmington census designated place/city line, and proceeding northerly along the Edgemoor/Wilmington census designated place/city line, crossing over both lanes of Governor Printz Boulevard twice, to Governor Printz Boulevard at a point just east of E. 35th Street and proceeding westerly along Governor Printz Boulevard to E. 30th Street, and proceeding westerly along E. 30th Street to Danby Street, and proceeding southerly along Danby Street to Jessup Street, and proceeding southerly along Jessup Street to Pine Street, and proceeding westerly along Pine Street to Brandywine Creek, and proceeding northerly along Brandywine Creek to the Wilmington city line, and proceeding easterly along the Wilmington city line to Concord Pike, and proceeding northerly along Concord Pike to I-95, and proceeding easterly along I-95 to the point of beginning. (2) Second Representative District. — The 2nd Representative District shall comprise: all that portion of City of Wilmington and New Castle County bounded by a line beginning at the point of intersection of the Brandywine Creek and N. Van Buren Street, and proceeding southerly along the Brandywine Creek to Pine Street, and proceeding easterly along Pine Street to Jessup Street, and proceeding northerly along Jessup Street to Danby Street, and proceeding northerly along Danby Street to E. 30th Street, and proceeding easterly along E. 30th Street to Governor Printz Boulevard, and proceeding easterly along Governor Printz Boulevard to the Edgemoor/ Wilmington census designated place/city line, and proceeding southerly along the Edgemoor/Wilmington census designated place/ city line to the Wilmington city line, and proceeding easterly along the Wilmington city line to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to nonvisible boundary designated as U.S. Census Tiger Line ID #630667178, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667178 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667177, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667177 to nonvisible boundary designated as U.S. Census Tiger Line ID #629816975, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629816975 to Christina River, and proceeding westerly along Christina River to I-95, and proceeding northerly along I-95 to Amtrak Railroad, and proceeding westerly along Amtrak Railroad to nonvisible boundary designated as U.S. Census Tiger Line ID #614583918, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614583918 to Lewis Circle, and proceeding northerly along Lewis Circle to Middleboro Road, and proceeding westerly along Middleboro Road to Boxwood Road, and proceeding westerly along Boxwood Road to Maryland Avenue, and proceeding easterly along Maryland Avenue to N. Madison Street, and proceeding northerly along N. Madison Street to W. 2nd Street, and proceeding easterly along W. 2nd Street to N. Tatnall Street, and proceeding northerly along N. Tatnall Street to W. 8th Street, and proceeding westerly along W. 8th Street to I-95, and proceeding northerly along I-95 to N. Van Buren Street, and proceeding northerly along N. Van Buren Street to the point of beginning. (3) Third Representative District. — The 3rd Representative District shall comprise: all that portion of City of Wilmington and New Castle County bounded by a line beginning at the point of intersection of W. 8th Street and N. Tatnall Street, and proceeding southerly along N. Tatnall Street to W. 2nd Street, and proceeding westerly along W. 2nd Street to N. Madison Street, and proceeding southerly along N. Madison Street to Maryland Avenue, and proceeding westerly along Maryland Avenue to the Wilmington city line, and proceeding northerly along the Wilmington city line to S. Broom Street, and proceeding northerly along S. Broom Street to Oak Street, and proceeding westerly along Oak Street to S. Lincoln Street, and proceeding northerly along S. Lincoln Street to Wilmington Avenue, and proceeding westerly along Wilmington Avenue to crossover to S. Union Street and proceeding northerly along crossover to S. Union Street, and proceeding westerly along S. Union Street to Barry Street, and proceeding northerly along Barry Street to nonvisible Page 26 Title 29 - State Government boundary designated as U.S. Census Tiger Line ID #634304965, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #634304965 to the Elsmere/Wilmington town/city line, and proceeding northerly along the Elsmere/Wilmington town/city line to the Wilmington city line, and proceeding northerly along the Wilmington city line to W. 7th Street, and proceeding easterly along W. 7th Street to CSX RR, and proceeding easterly along CSX RR to nonvisible boundary designated as U.S. Census Tiger Line ID #187255178, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #187255178 to W. 8th Street, and proceeding easterly along W. 8th Street to the point of beginning. (4) Fourth Representative District. — The 4th Representative District shall comprise: all that portion of City of Wilmington and New Castle County bounded by a line beginning at the point of intersection of Powder Mill Road and Concord Pike, and proceeding southerly along Concord Pike to the Wilmington city line, and proceeding westerly along the Wilmington city line to Brandywine Creek, and proceeding southerly along Brandywine Creek to N. Van Buren Street, and proceeding southerly along N. Van Buren to I-95, and proceeding southerly along I-95 to W. 8th Street, and proceeding westerly along W. 8th Street to nonvisible boundary designated as U.S. Census Tiger Line ID #187255178, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187255178 to CSX RR, and proceeding westerly along CSX RR to W. 7th Street, and proceeding westerly along W. 7th Street to the Wilmington city line, and proceeding westerly along the Wilmington city line to S. Dupont Road, and proceeding southerly along S. Dupont Road to Faulkland Road, and proceeding westerly along Faulkland Road to Newport Gap Pike, and proceeding northerly along Newport Gap Pike to Millcreek Road, and proceeding westerly along Millcreek Road to McKennans Church Road, and proceeding northerly along McKennans Church Road to Loveville Road, and proceeding northerly along Loveville Road to Lancaster Pike, and proceeding easterly along Lancaster Pike to W. Rolling Mill Road, and proceeding northerly along W. Rolling Mill Road to Barley Mill Road, and proceeding easterly along Barley Mill Road to the Greenville census designated place line, and proceeding easterly along the Greenville census designated place line to Octoraro Railway, and proceeding northerly along Octoraro Railway to Montchanin Road, and proceeding northerly along Montchanin Road to Kirk Road, and proceeding easterly along Kirk Road to Rockland Road, and proceeding easterly along Rockland Road to Powder Mill Road, and proceeding easterly along Powder Mill Road to the point of beginning. (5) Fifth Representative District. — The 5th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Christiana Road and Appleby Road, and proceeding easterly along Christiana Road to S. Dupont Highway, and proceeding southerly along S. Dupont Highway to Red Lion Road, and proceeding westerly along Red Lion Road to Bear Corbitt Road, and proceeding northerly along Bear Corbitt Road to Conrail RR, and proceeding westerly along Conrail RR to Church Road, and proceeding northerly along Church Road to Wellington Drive, and proceeding northerly along Wellington Drive to Kings Bridge Court, and proceeding easterly along Kings Bridge Court to nonvisible boundary designated as U.S. Census Tiger Line ID #187275241, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187275241 to the Bear census designated place line, and proceeding northerly along the Bear census designated place line to Christina Creek, and proceeding northerly along Christina Creek to Christina Creek Branch, and proceeding southerly along Christina Creek Branch to nonvisible boundary designated as U.S. Census Tiger Line ID #187274837, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187274837 to nonvisible boundary designated as U.S. Census Tiger Line ID #187285046, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #187285046 to Newtown Road, and proceeding easterly along Newtown Road to Bear Christiana Road, and proceeding southerly along Bear Christiana Road to Pulaski Highway, and proceeding easterly along Pulaski Highway to State Route 1, and proceeding southerly along State Route 1 to Conrail RR, and proceeding easterly along Conrail RR to nonvisible boundary designated as U.S. Census Tiger Line ID #614584477, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614584477 to Pulaski Highway, and proceeding northerly along Pulaski Highway to Appleby Road, and proceeding northerly along Appleby Road to the point of beginning. (6) Sixth Representative District. — The 6th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Silverside Road and Shipley Road, and proceeding easterly along Silverside Road to Philadelphia Pike, and proceeding easterly along Philadelphia Pike to Perkins Run, and proceeding easterly along Perkins Run to shoreline designated as U.S. Census Tiger Line ID #187291208, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #187291208 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667194, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667194 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667195, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667195 to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to the Wilmington city line, and proceeding westerly along the Wilmington city line to the Wilmington/Edgemoor city/census designated place line, and proceeding westerly along the Wilmington/Edgemoor city/census designated place line to I-495, and proceeding northerly along I-495 to Edgemoor Road, and proceeding northerly along Edgemoor Road to Philadelphia Pike, and proceeding easterly along Philadelphia Pike to Marsh Road, and proceeding northerly along Marsh Road to I-95, and proceeding westerly along I-95 to Concord Pike, and proceeding northerly along Concord Pike to Murphy Road, and proceeding easterly along Murphy Road to Foulk Road, and proceeding northerly along Foulk Road to Shipley Road, and proceeding westerly along Shipley Road to the point of beginning. (7) Seventh Representative District. — The 7th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Naamans Road and Foulk Road, and proceeding easterly along Naamans Road to CSX RR, and proceeding southerly along CSX RR to Darley Road, and proceeding easterly along Darley Road to Philadelphia Page 27 Title 29 - State Government Pike, and proceeding easterly along Philadelphia Pike to Myrtle Avenue, and proceeding southerly along Myrtle Avenue to nonvisible boundary designated as U.S. Census Tiger Line ID #187262527, and proceeding southerly along U.S. Census Tiger Line ID #187262527 to nonvisible boundary designated as U.S. Census Tiger Line ID #606158614, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #606158614 to nonvisible boundary designated as U.S. Census Tiger Line ID #187282659, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187282659 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667202, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667202 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667203, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667203 to the Delaware/New Jersey state boundary, and proceeding westerly along the Delaware/New Jersey state boundary to nonvisible boundary designated as U.S. Census Tiger Line ID #630667195, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667195 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667194, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667194 to shoreline designated as U.S. Census Tiger Line ID #187291208, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #187291208 to Perkins Run, and proceeding westerly along Perkins Run to Philadelphia Pike, and proceeding southerly along Philadelphia Pike to Silverside Road, and proceeding westerly along Silverside Road to Foulk Road, and proceeding northerly along Foulk Road to the point of beginning. (8) Eighth Representative District. — The 8th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of center line of the Chesapeake & Delaware Canal and the Delaware/Maryland state line, and proceeding easterly along center line of the Chesapeake & Delaware Canal to nonvisible boundary designated as U.S. Census Tiger Line ID #187288637, and proceeding southerly along U.S. Census Tiger Line ID #187288637 to nonvisible boundary designated as U.S. Census Tiger Line ID #187270965, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187270965 to Old Summit Bridge Road, and proceeding southerly along Old Summit Bridge Road to Summit Bridge Road, and proceeding westerly along Summit Bridge Road to Bethel Church Road, and proceeding westerly along Bethel Church Road to Choptank Road, and proceeding southerly along Choptank Road to Churchtown Road, and proceeding easterly along Churchtown Road to Summit Bridge Road, and proceeding southerly along Summit Bridge Road to Marl Pit Road, and proceeding easterly along Marl Pit Road to Cedar Lane Road, and proceeding southerly along Cedar Lane Road to Dove Nest Branch, and proceeding easterly along Dove Nest Branch to Brick Mill Road, and proceeding southerly along Brick Mill Road to Middletown Odessa Road, and proceeding easterly along Middletown Odessa Road to State Route 1, and proceeding southerly along State Route 1 to shoreline designated as U.S. Census Tiger Line ID #629143730, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #629143730 to shoreline designated as U.S. Census Tiger Line ID #605985795, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #605985795 to shoreline designated as U.S. Census Tiger Line ID #187301155, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #187301155 to shoreline designated as U.S. Census Tiger Line ID #187301154, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #187301154 to the Middletown town line, and proceeding southerly along the Middletown town line to shoreline designated as U.S. Census Tiger Line ID #187301142, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #187301142 to stream/river designated as U.S. Census Tiger Line ID #187248958, and proceeding westerly along stream/river designated as U.S. Census Tiger Line ID #187248958 to Noxontown Road, and proceeding westerly along Noxontown Road to Summit Bridge Road, and proceeding northerly along Summit Bridge Road to the Middletown town line, and proceeding southerly along the Middletown town line to Saint Annes Church Road, and proceeding westerly along Saint Annes Church Road to Levels Road, and proceeding southerly along Levels Road to Strawberry Lane, and proceeding westerly along Strawberry Lane to Wilson Street, and proceeding westerly along Wilson Street to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to the point of beginning. (9) Ninth Representative District. — The 9th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Churchtown Road and Choptank Road, and proceeding northerly along Choptank Road to Bethel Church Road, and proceeding northerly along Bethel Church Road to Summit Bridge Road, and proceeding easterly along Summit Bridge Road to Old Summit Bridge Road, and proceeding northerly along Old Summit Bridge Road to nonvisible boundary designated as U.S. Census Tiger Line ID #187270965, and proceeding northerly along U.S. Census Tiger Line ID #187270965 to nonvisible boundary designated as U.S. Census Tiger Line ID #187288637, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187288637 to Chesapeake & Delaware Canal, and proceeding easterly along Chesapeake & Delaware Canal to nonvisible boundary designated as U.S. Census Tiger Line ID #187275631, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #187275631 to nonvisible boundary designated as U.S. Census Tiger Line ID #187279807, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #187279807 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667131, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667131 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667130, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667130 to the Delaware/New Jersey state line, and proceeding southerly along Delaware/New Jersey state line to the Kent/New Castle county line, and proceeding westerly along the Kent/New Castle county line to Dupont Parkway, and proceeding northerly along Dupont Parkway to S. Dupont Parkway, and proceeding northerly along S. Dupont Parkway to Noxontown Road, and proceeding westerly along Noxontown Road to stream/river designated as U.S. Census Tiger Line ID #187248958, and proceeding easterly along stream/river designated as U.S. Census Tiger Page 28 Title 29 - State Government Line ID #187248958 to shoreline designated as U.S. Census Tiger Line ID #187301142, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #187301142 to the Middletown town line, and proceeding northerly along the Middletown town line to shoreline designated as U.S. Census Tiger Line ID #187301154, and proceeding northerly along shoreline designated as U.S. Tiger Line ID #187301154 to shoreline designated as U.S. Census Tiger Line ID #187301155, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #187301155 to shoreline designated as U.S. Census Tiger Line ID #605985795, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #605985795 to shoreline designated as U.S. Census Tiger Line ID #629143730, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #629143730 to State Route 1, and proceeding northerly along State Route 1 to Middletown Odessa Road, and proceeding westerly along Middletown Odessa Road to Brick Mill Road, and proceeding northerly along Brick Mill Road to the Middletown town line, and proceeding northerly along the Middletown town line to Dove Nest Branch, and proceeding westerly along Dove Nest Branch to Cedar Lane Road, and proceeding northerly on Cedar Lane Road to Marl Pit Road, and proceeding westerly along Marl Pit Road to Summit Bridge Road, and proceeding northerly along Summit Bridge Road to Churchtown Road, and proceeding westerly along Churchtown Road to the point of beginning. (10) Tenth Representative District. — The 10th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of the Delaware/Pennsylvania state line and Concord Pike, and proceeding easterly along the Delaware/Pennsylvania state line to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to nonvisible boundary designated as U.S. Census Tiger Line ID #630667203, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667203 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667202, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667202 to nonvisible boundary designated as U.S. Census Tiger Line ID #187282659, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187282659 to nonvisible boundary designated as U.S. Census Tiger Line ID #606158614, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #606158614 to nonvisible boundary designated as U.S. Census Tiger Line ID #187262527 and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187262527 to Myrtle Avenue, and proceeding northerly along Myrtle Avenue to Philadelphia Pike, and proceeding westerly along Philadelphia Pike to Darley Road, and proceeding northerly along Darley Road to CSX RR, and proceeding northerly along CSX RR to Naamans Road, and proceeding westerly along Naamans Road to Foulk Road, and proceeding southerly along Foulk Road to Silverside Road, and proceeding westerly along Silverside Road to Concord Pike, and proceeding northerly along Concord Pike to the point of beginning. (11) Eleventh Representative District. — The 11th Representative District shall comprise: all that portion of New Castle County and Kent County bounded by a line beginning at the point of intersection of Noxontown Road and Summit Bridge Road, and proceeding easterly along Noxontown Road to S. Dupont Parkway, and proceeding southerly along S. Dupont Parkway to Dupont Parkway, and proceeding southerly along Dupont Parkway to the Kent/New Castle county line, and proceeding westerly along the Kent/New Castle county line to Alley Mill Road, and proceeding southerly along Alley Mill Road to Millington Road, and proceeding easterly along Millington Road to Alley Corner Road, and proceeding southerly along Alley Corner Road to Wheatleys Pond Road, and proceeding southerly along Wheatleys Pond Road to Mount Friendship Road, and proceeding southerly along Mount Friendship Road to Brenford Road, and proceeding southerly along Brenford Road to Road 168, and proceeding southerly along Road 168 to Rose Dale Lane, and proceeding easterly along Rose Dale Lane to Pearsons Corner Road, and proceeding southerly along Pearsons Corner Road to Hazlettville Road, and proceeding southerly along Hazlettville Road to Westville Road, and proceeding easterly along Westville Road to Honeysuckle Road, and proceeding southerly along Honeysuckle Road to Beachy Neidig Ditch, and proceeding westerly along Beachy Neidig Ditch to Culbreth Marsh Ditch, and proceeding westerly along Culbreth Marsh Ditch to shoreline designated as U.S. Census Tiger Line ID #629546755, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #629546755 to shoreline designated as U.S. Census Tiger Line ID #629546756, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #629546756 to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to Wilson Street, and proceeding easterly along Wilson Street to Strawberry Lane, and proceeding easterly along Strawberry Lane to Levels Road, and proceeding northerly along Levels Road to Saint Annes Church Road, and proceeding easterly along Saint Annes Church Road to the Middletown town line, and proceeding easterly along the Middletown town line to Saint Annes Church Road, and proceeding easterly along Saint Annes Church Road to the Middletown town line, and proceeding easterly along the Middletown town line to Summit Bridge Road, and proceeding southerly along Summit Bridge Road to the point of beginning. (12) Twelfth Representative District. — The 12th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of the Delaware/Pennsylvania state line and Southwood Road, and proceeding easterly along the Delaware/Pennsylvania state line to Concord Pike, and proceeding southerly along Concord Pike to Silverside Road, and proceeding easterly along Silverside Road to Shipley Road, and proceeding southerly along Shipley Road to Foulk Road, and proceeding southerly along Foulk Road to Murphy Road, and proceeding westerly along Murphy Road to Powder Mill Road, and proceeding westerly along Powder Mill Road to Rockland Road, and proceeding westerly along Rockland Road to Kirk Road, and proceeding westerly along Kirk Road to Montchanin Road, and proceeding southerly along Montchanin Road to Octoraro Railway, and proceeding westerly along Octoraro Railway to the Greenville census designated place line, and proceeding southerly along the Greenville census designated place line to Barley Mill Road, and proceeding westerly along Barley Mill Road to W. Rolling Mill Road, and proceeding southerly along W. Rolling Mill Road to Lancaster Pike, and proceeding westerly along Lancaster Pike to Loveville Page 29 Title 29 - State Government Road, and proceeding southerly along Loveville Road to Graves Road, and proceeding westerly along Graves Road to Millcreek Road, and proceeding northerly along Millcreek Road to Mendenhall Mill Road, and proceeding westerly along Mendenhall Mill Road to Limestone Road, and proceeding northerly along Limestone Road to Brackenville Road, and proceeding easterly along Brackenville Road to Millcreek Road, and proceeding northerly along Millcreek Road to Evanson Road, and proceeding westerly along Evanson Road to Valley Road, and proceeding northerly along Valley Road to Southwood Road, and proceeding westerly along Southwood Road to the point of beginning. (13) Thirteenth Representative District. — The 13th Representative District shall comprise: all that portion of City of Wilmington and New Castle County bounded by a line beginning at the point of intersection of Oak Street and S. Broom Street, and proceeding southerly along S. Broom Street to the Wilmington city line, and proceeding southerly along the Wilmington city line to Maryland Avenue, and proceeding westerly along Maryland Avenue to Boxwood Road, and proceeding easterly along Boxwood Road to Middleboro Road, and proceeding easterly along Middleboro Road to Lewis Circle, and proceeding southerly along Lewis Circle to nonvisible boundary designated as U.S. Census Tiger Line ID #614583918, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614583918 to Amtrak RR, and proceeding easterly along Amtrak RR to I-95, and proceeding southerly along I-95 to Christina River, and proceeding westerly along Christina River to nonvisible boundary designated as U.S. Census Tiger Line ID #187291290, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291290 to Amtrak RR, and proceeding easterly along Amtrak RR to the Newport town line, and proceeding easterly along the Newport town line to E. Ayre Street, and proceeding easterly along E. Ayre Street to Larch Avenue, and proceeding northerly along Larch Avenue to E. Newport Pike, and proceeding westerly along E. Newport Pike to E. Market Street, and proceeding westerly along E. Market Street to N. Augustine Street, and proceeding northerly along N. Augustine Street to 3rd Avenue, and proceeding westerly along 3rd. Avenue to Walnut Street, and proceeding northerly along Walnut Street to Bestfield Road, and proceeding westerly along Bestfield Road to the Newport town line, and proceeding westerly along the Newport town line to State Road 141, and proceeding northerly along State Road 141 to Centerville Road, and proceeding northerly along Centerville Road to Faulkland Road, and proceeding easterly along Faulkland Road to S. Dupont Road, and proceeding northerly along S. Dupont Road to Lancaster Avenue, and proceeding easterly along Lancaster Avenue to the Wilmington city line, and proceeding southerly along the Wilmington city line to the Wilmington/Elsmere city/town line, and proceeding southerly along the Wilmington/Elsmere city/town line to a nonvisible boundary designated as U.S. Census Tiger Line ID #634304965, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #634304965 to Barry Street, and proceeding easterly along Barry Street to S. Union Street, and proceeding easterly along S. Union Street to crossover from Wilmington Avenue and proceeding southerly along crossover from Wilmington Avenue to Wilmington Avenue and proceeding easterly along Wilmington Avenue to S. Lincoln Street, and proceeding southerly along S. Lincoln Street to Oak Street, and proceeding easterly along Oak Street to the point of beginning. (14) Fourteenth Representative District. — The 14th Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Road 277 and Road 285A, and proceeding northerly along Road 285A to Road 285, and proceeding northerly along Road 285 to Road 23, and proceeding northerly along Road 23 to Savannah Road, and proceeding northerly along Savannah Road to Delaware Coast Line RR, and proceeding easterly along Delaware Coast Line RR to nonvisible boundary designated as U.S. Census Tiger Line ID #106111337, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106111337 to nonvisible boundary designated as U.S. Census Tiger Line ID #106111336, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106111336 to nonvisible boundary designated as U.S. Census Tiger Line ID #601183433, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #601183433 to the Lewes city line, and proceeding easterly along the Lewes city line to Delaware Coast Line RR, and proceeding easterly along Delaware Coast Line RR to unnamed local road designated as U.S. Census Tiger Line ID #106082641, and proceeding northerly along unnamed local road designated as U.S. Census Tiger Line ID #106082641 to nonvisible boundary designated as U.S. Census Tiger Line ID #630032581, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630032581 to nonvisible boundary designated as U.S. Census Tiger Line ID #630032582, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630032582 to nonvisible boundary designated as U.S. Census Tiger Line ID #106124924, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106124924 to the Lewes city line, and proceeding westerly along the Lewes city line to Cape May-Lewes Ferry Crossing, and proceeding northerly along Cape May-Lewes Ferry Crossing to nonvisible boundary designated as U.S. Census Tiger Line ID #631931373, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931373 to nonvisible boundary designated as U.S. Census Tiger Line ID #631931559, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931559 to nonvisible boundary designated as U.S. Census Tiger Line ID #631931550, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931550 to nonvisible boundary designated as U.S. Census Tiger Line ID #106103241, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106103241 to the Sussex county line, and proceeding southerly along the Sussex county line to nonvisible boundary designated as U.S. Census Tiger Line ID #106100035, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106100035 to nonvisible boundary designated as U.S. Census Tiger Line ID #631933961, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631933961 to nonvisible boundary designated as U.S. Census Tiger Line ID #631933960, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631933960 to nonvisible boundary designated as U.S. Page 30 Title 29 - State Government Census Tiger Line ID #631726557, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631726557 to nonvisible boundary designated as U.S. Census Tiger Line ID #631726556, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631726556 to nonvisible boundary designated as U.S. Census Tiger Line ID #106129821, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106129821 to nonvisible boundary designated as U.S. Census Tiger Line ID #106099884, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106099884 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605624, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605624 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605625, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605625 to shoreline designated as U.S. Census Tiger Line ID #629605618, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #629605618 to shoreline designated as U.S. Census Tiger Line ID #629605617, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #629605617 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605622, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605622 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605623, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605623 to nonvisible boundary designated as U.S. Census Tiger Line ID #106090553, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106090553 to nonvisible boundary designated as U.S. Census Tiger Line ID #106106843, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106106843 to nonvisible boundary designated as U.S. Census Tiger Line ID #614724302, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614724302 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055175, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055175 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055176, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055176 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055169, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055169 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055177, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055177 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055178, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055178 to nonvisible boundary designated as U.S. Census Tiger Line ID #106108915, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106108915 to nonvisible boundary designated as U.S. Census Tiger Line ID #106089214, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106089214 to shoreline designated as U.S. Census Tiger Line ID #614724657, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #614724657 to shoreline designated as U.S. Census Tiger Line ID #614724656, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #614724656 to shoreline designated as U.S. Census Tiger Line ID #614723701, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #614723701 to shoreline designated as U.S. Census Tiger Line ID #614723700, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #614723700 to shoreline designated as U.S. Census Tiger Line ID #106128287, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #106128287 to shoreline designated as U.S. Census Tiger Line ID #106100783, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #106100783 to shoreline designated as U.S. Census Tiger Line ID #106088814, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #106088814 to shoreline designated as U.S. Census Tiger Line ID #605907619, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #605907619 to stream/ river designated as U.S. Census Tiger Line ID #106088758, and proceeding northerly along stream/river designated as U.S. Census Tiger Line ID #106088758 to stream/river designated as U.S. Census Tiger Line ID #106088755, and proceeding northerly along stream/river designated as U.S. Census Tiger Line ID #106088755 to John J. Williams Highway, and proceeding northerly along John J. Williams Highway to Road 277, and proceeding northerly along Road 277 to the point of beginning. (15) Fifteenth Representative District. — The 15th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of S. Dupont Highway and Hamburg Road, and proceeding easterly along Hamburg Road to River Road, and proceeding southerly along River Road to northern shoreline of Red Lion Creek, and proceeding easterly along northern shoreline of Red Lion Creek to nonvisible boundary designated as U.S. Census Tiger Line ID #629894744, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629894744 to nonvisible boundary designated as U.S. Census Tiger Line ID #631749803, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631749803 to nonvisible boundary designated as U.S. Census Tiger Line ID #631749804, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631749804 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667140, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667140 to nonvisible boundary designated as U.S. Census Tiger Line ID #632592673, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #632592673 to nonvisible boundary designated as U.S. Census Tiger Line ID #632592674, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #632592674 to shoreline designated as U.S. Census Tiger Line ID #187270793, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #187270793 to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to nonvisible boundary designated as U.S. Census Tiger Line ID #630667130, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667130 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667131, and proceeding westerly Page 31 Title 29 - State Government along nonvisible boundary designated as U.S. Census Tiger Line ID #630667131 to nonvisible boundary designated as U.S. Census Tiger Line ID #187279807, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187279807 to nonvisible boundary designated as U.S. Census Tiger Line ID #187275631, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187275631 to Chesapeake & Delaware Canal, and proceeding westerly along Chesapeake & Delaware Canal to nonvisible boundary designated as U.S. Census Tiger Line ID #187251082, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187251082 to nonvisible boundary designated as U.S. Census Tiger Line ID #187251081, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187251081 to Old Summit Road, and proceeding easterly along Old Summit Road to Red Lion Road, and proceeding easterly along Red Lion Road to Howell School Road, and proceeding westerly along Howell School Road to Woods Road, and proceeding northerly along Woods Road to Porter Road, and proceeding easterly along Porter Road to Wrangle Hill Road, and proceeding westerly along Wrangle Hill Road to Sunset Lake Road, and proceeding northerly along Sunset Lake Road to Belltown Run, and proceeding easterly along Belltown Run to the Bear census designated place line, and proceeding northerly along the Bear census designated place line to powerline designated as U.S. Census Tiger Line ID #632927175, and proceeding northerly along powerline designated as U.S. Census Tiger Line ID #632927175 to nonvisible boundary designated as U.S. Census Tiger Line ID #632927178, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #632927178 to Pulaski Highway, and proceeding easterly along Pulaski Highway to Church Road, and proceeding southerly along Church Road to Conrail RR, and proceeding easterly along Conrail RR to Bear Corbitt Road, and proceeding southerly along Bear Corbitt Road to Red Lion Road, and proceeding easterly along Red Lion Road to S. Dupont Highway, and proceeding northerly along S. Dupont Highway to the point of beginning. (16) Sixteenth Representative District. — The 16th Representative District shall comprise: all that portion of City of Wilmington and New Castle County bounded by a line beginning at the point of intersection of State Road 141 and the northern shoreline of the Christina River, and proceeding easterly along the northern shoreline of the Christina River to nonvisible boundary designated as U.S. Census Tiger Line ID #629816975, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629816975 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667177, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667177 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667178, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667178 to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to I-295, and proceeding westerly along I-295 to New Castle Avenue, and proceeding southerly along New Castle Avenue to Killoran Drive, and proceeding southerly along Killoran Drive to New Castle Avenue, and proceeding southerly along New Castle Avenue to Buttonwood Avenue, and proceeding easterly along Buttonwood Avenue to Conrail RR, and proceeding southerly along Conrail RR to Wilmington Road, and proceeding southerly along Wilmington Road to E. 6th Street, and proceeding southerly along E. 6th Street to W. 6th Street, and proceeding southerly along W. 6th Street to South Street, and proceeding westerly along South Street to W. 7th Street, and proceeding westerly along W. 7th Street to Washington Street, and proceeding northerly along Washington Street to Conrail RR, and proceeding westerly along Conrail RR to the New Castle city line, and proceeding northerly along the New Castle city line to Johnson Way, and proceeding northerly along Johnson Way to Centerpoint Boulevard, and proceeding northerly along Centerpoint Boulevard to Frenchtown Road, and proceeding easterly along Frenchtown Road to the New Castle city line, and proceeding easterly along the New Castle city line to the Wilmington Manor census designated place line, and proceeding northerly along the Wilmington Manor census designated place line to the New Castle city line, and proceeding northerly along the New Castle city line to the Wilmington Manor/New Castle census designated place/city line, and proceeding easterly along the Wilmington Manor/New Castle census designated place/city line to the Wilmington Manor census designated place line, and proceeding northerly along the Wilmington Manor census designated place line to Boulden Boulevard, and proceeding westerly along Boulden Boulevard to N. Dupont Highway, and proceeding northerly along N. Dupont Highway to I-295, and proceeding westerly along I-295 to the ramp leading from I-295 to southbound I-95, and proceeding westerly along the ramp leading from I-295 to southbound I-95 to I-95, and proceeding westerly along I-95 to State Road 141, and proceeding northerly along State Road 141 to the point of beginning. (17) Seventeenth Representative District. — The 17th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of New Castle Avenue and I-295, and proceeding easterly along I-295 to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to shoreline designated as U.S. Census Tiger Line ID #187270793, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #187270793 to nonvisible boundary designated as U.S. Census Tiger Line ID #632592674, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #632592674 to nonvisible boundary designated as U.S. Census Tiger Line ID #632592673, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #632592673 to nonvisible boundary designated as U.S. Census Tiger Line ID #630667140, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630667140 to nonvisible boundary designated as U.S. Census Tiger Line ID #631749804, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631749804 to nonvisible boundary designated as U.S. Census Tiger Line ID #631749803, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631749803 to nonvisible boundary designated as U.S. Census Tiger Line ID #629894744, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629894744 to northern shoreline of Red Lion Creek, and proceeding westerly along northern shoreline of Red Lion Creek to River Road, and proceeding northerly along River Road to Hamburg Road, and proceeding westerly Page 32 Title 29 - State Government along Hamburg Road to S. Dupont Highway, and proceeding northerly along S. Dupont Highway to Christiana Road, and proceeding westerly along Christiana Road to Airport Road, and proceeding northerly along Airport Road to Churchmans Road, and proceeding westerly along Churchmans Road to Del Park Entrance, and proceeding westerly along Del Park Entrance to Amtrak RR, and proceeding easterly along Amtrak RR to S. James Street, and proceeding southerly along S. James Street to Christina River, and proceeding easterly along Christina River to State Road 141, and proceeding southerly along State Road 141 to I-95, and proceeding easterly along I-95 to the ramp from I-295 to southbound I-95, and proceeding easterly along the ramp leading from I-295 to southbound I-95 to I-295, and proceeding easterly along I-295 to N. Dupont Highway, and proceeding southerly along N. Dupont Highway to Boulden Boulevard, and proceeding easterly along Boulden Boulevard to the Wilmington Manor census designated place line, and proceeding southerly along the Wilmington Manor census designated place line to the New Castle/Wilmington Manor city/census designated place line, and proceeding westerly along the New Castle/Wilmington Manor city/census designated place line to the New Castle city line, and proceeding southerly along the New Castle city line to the Wilmington Manor census designated place line, and proceeding southerly along the Wilmington Manor census designated place line to the New Castle city line, and proceeding southerly along the New Castle city line to Frenchtown Road, and proceeding westerly along Frenchtown Road to Centerpoint Boulevard, and proceeding southerly along Centerpoint Boulevard to Johnson Way, and proceeding southerly along Johnson Way to the New Castle city line, and proceeding southerly along the New Castle city line to Conrail RR, and proceeding easterly along Conrail RR to Washington Street, and proceeding southerly along Washington Street to W. 7th Street, and proceeding easterly along W. 7th Street to South Street, and proceeding easterly along South Street to W. 6th Street, and proceeding northerly along W. 6th Street to E. 6th Street, and proceeding northerly along E. 6th Street to Wilmington Road, and proceeding northerly along Wilmington Road to Conrail RR, and proceeding northerly along Conrail RR to Buttonwood Avenue, and proceeding westerly along Buttonwood Avenue to New Castle Avenue, and proceeding northerly along New Castle Avenue to Killoran Drive, and proceeding northerly along Killoran Drive to New Castle Avenue, and proceeding northerly along New Castle Avenue to the point of beginning. (18) Eighteenth Representative District. — The 18th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Churchmans Road and Airport Road, and proceeding southerly along Airport Road to Christiana Road, and proceeding westerly along Christiana Road to Appleby Road, and proceeding southerly along Appleby Road to Pulaski Highway, and proceeding westerly along Pulaski Highway to nonvisible boundary designated as U.S. Census Tiger Line ID #614584477, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614584477 to Conrail RR, and proceeding westerly along Conrail RR to State Route 1, and proceeding northerly along State Route 1 to Pulaski Highway, and proceeding westerly along Pulaski Highway to Bear Christiana Road, and proceeding northerly along Bear Christiana Road to Newtown Road, and proceeding westerly along Newtown Road to nonvisible boundary designated as U.S. Census Tiger Line ID #187285046, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187285046 to nonvisible boundary designated as U.S. Census Tiger Line ID #187274837, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187274837 to Christina Creek Branch, and proceeding northerly along Christina Creek Branch to Christina Creek, and proceeding northerly along Christina Creek to nonvisible boundary designated as U.S. Census Tiger Line ID #614585122, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614585122 to nonvisible boundary designated as U.S. Census Tiger Line ID #614585123, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #614585123 to stream/river designated as U.S. Census Tiger Line ID #605460077, and proceeding easterly along stream/ river designated as U.S. Census Tiger Line ID #605460077 to Christina Creek, and proceeding northerly along Christina Creek to E. Main Street, and proceeding westerly along E. Main Street to W. Main Street, and proceeding westerly along W. Main Street to nonvisible boundary designated as U.S. Census Tiger Line ID #606272144, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #606272144 to nonvisible boundary designated as U.S. Census Tiger Line ID #606272145, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #606272145 to nonvisible boundary designated as U.S. Census Tiger Line ID #187282388, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187282388 to State Road 273, and proceeding northerly along State Road 273 to Amtrak RR, and proceeding easterly along Amtrak RR to Del Park Entrance, and proceeding southerly along Del Park Entrance to Churchmans Road, and proceeding easterly along Churchmans Road to the point of beginning. (19) Nineteenth Representative District. — The 19th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Newport Gap Pike and Millcreek Road, and proceeding southerly along Newport Gap Pike to Faulkland Road, and proceeding easterly along Faulkland Road to Centerville Road, and proceeding southerly along Centerville Road to State Road 141, and proceeding southerly along State Road 141 to the Newport town line, and proceeding northerly along the Newport town line to Bestfield Road, and proceeding easterly along Bestfield Road to Walnut Street, and proceeding southerly along Walnut Street to 3rd. Avenue, and proceeding easterly along 3rd. Avenue to N. Augustine Street, and proceeding southerly along N. Augustine Street to E. Market Street, and proceeding easterly along E. Market Street to E. Newport Pike, and proceeding easterly along E. Newport Pike to Larch Avenue, and proceeding southerly along Larch Avenue to E. Ayre Street, and proceeding westerly along E. Ayre Street to the Newport town line, and proceeding westerly along the Newport town line to Amtrak RR, and proceeding westerly along Amtrak RR to nonvisible boundary designated as U.S. Census Tiger Line ID #187291290, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291290 to nonvisible boundary designated as U.S. Census Tiger Line ID #187291293, and proceeding southerly along nonvisible boundary designated as U.S. Census Page 33 Title 29 - State Government Tiger Line ID #187291293 to nonvisible boundary designated as U.S. Census Tiger Line ID #187291296, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291296 to the Newport town line, and proceeding westerly along the Newport town line to State Road 141, and proceeding northerly along State Road 141 to Christina River and proceeding westerly along Christina River to S. James Street and proceeding northerly along S. James Street to Amtrak RR, and proceeding westerly along Amtrak RR to Del Park Entrance, and proceeding northerly along Del Park Entrance to White Clay Creek, and proceeding westerly along White Clay Creek to CSX RR, and proceeding easterly along CSX RR to nonvisible boundary designated as U.S. Census Tiger Line ID #187291287, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291287 to Del Park Entrance, and proceeding northerly along Del Park Entrance to Old Capitol Trail, and proceeding easterly along Old Capitol Trail to Telegraph Road, and proceeding easterly along Telegraph Road to Saint James Church Road, and proceeding westerly along Saint James Church Road to Old Capitol Trail, and proceeding northerly along Old Capitol Trail to Kirkwood Highway, and proceeding easterly along Kirkwood Highway to Limestone Road, and proceeding northerly along Limestone Road to Milltown Road, and proceeding easterly along Milltown Road to nonvisible boundary designated as U.S. Census Tiger Line ID #187253248, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187253248 to nonvisible boundary designated as U.S. Census Tiger Line ID #187271002, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187271002 to nonvisible boundary designated as U.S. Census Tiger Line ID #187291313, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291313 to nonvisible boundary designated as U.S. Census Tiger Line ID #628691761, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #628691761 to nonvisible boundary designated as U.S. Census Tiger Line ID #628691762, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #628691762 to unnamed local road designated as U.S. Census Tiger Line ID #187272516, and proceeding westerly along unnamed local road designated as U.S. Census Tiger Line ID #187272516 to McKennans Church Road, and proceeding northerly along McKennans Church Road to Millcreek Road, and proceeding easterly along Millcreek Road to the point of beginning. (20) Twentieth Representative District. — The 20th Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Union Street Exd. and Coastal Highway, and proceeding southerly along Coastal Highway to the Broadkill River, and proceeding easterly along the southern shoreline of the Broadkill River to the Lewes city line, and proceeding northerly along the Lewes city line to Delaware Bay shoreline, and proceeding northerly along Delaware Bay shoreline to nonvisible boundary designated as U.S. Census Tiger Line ID #631931223, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931223 to nonvisible boundary designated as U.S. Census Tiger Line ID #631931224, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931224 to nonvisible boundary designated as U.S. Census Tiger Line ID #106100053, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106100053 to nonvisible boundary designated as U.S. Census Tiger Line ID #106098484, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106098484 to Cape May-Lewes Ferry Crossing, and proceeding northerly along Cape May-Lewes Ferry Crossing to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/ New Jersey state line to nonvisible boundary designated as U.S. Census Tiger Line ID #106103241, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106103241 to nonvisible boundary designated as U.S. Census Tiger Line ID #631931550, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931550 to nonvisible boundary designated as U.S. Census Tiger Line ID #631931559, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931559 to nonvisible boundary designated as U.S. Census Tiger Line ID #631931373, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931373 to Cape May-Lewes Ferry Crossing, and proceeding southerly along Cape May-Lewes Ferry Crossing to the Lewes city line, and proceeding easterly along the Lewes city line to nonvisible boundary designated as U.S. Census Tiger Line ID #106124924, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106124924 to nonvisible boundary designated as U.S. Census Tiger Line ID #630032582, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630032582 to nonvisible boundary designated as U.S. Census Tiger Line ID #630032581, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630032581 to unnamed local road designated as U.S. Census Tiger Line ID #106082641, and proceeding southerly along unnamed local road designated as U.S. Census Tiger Line ID #106082641 to Delaware Coast Line RR, and proceeding westerly along Delaware Coast Line RR to the Lewes city line, and proceeding southerly along the Lewes city line to nonvisible boundary designated as U.S. Census Tiger Line ID #601183433, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #601183433 to nonvisible boundary designated as U.S. Census Tiger Line ID #106111336, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106111336 to nonvisible boundary designated as U.S. Census Tiger Line ID #106111337, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106111337 to Delaware Coast Line RR, and proceeding westerly along Delaware Coast Line RR to Savannah Road, and proceeding southerly along Savannah Road to Road 23, and proceeding southerly along Road 23 to Road 285, and proceeding southerly along Road 285 to Road 285A, and proceeding southerly along Road 285A to Road 277, and proceeding westerly along Road 277 to John J. Williams Highway, and proceeding southerly along John J. Williams Highway to stream/river designated as U.S. Census Tiger Line ID #106088755, and proceeding southerly along stream/river designated as U.S. Census Tiger Line ID #106088755 to stream/river designated as U.S. Census Tiger Line ID #106088758, and proceeding southerly along stream/river designated as U.S. Page 34 Title 29 - State Government Census Tiger Line ID #106088758 to shoreline designated as U.S. Census Tiger Line ID #605907619, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #605907619 to shoreline designated as U.S. Census Tiger Line ID #106088814, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #106088814 to shoreline designated as U.S. Census Tiger Line ID #106100783, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #106100783 to shoreline designated as U.S. Census Tiger Line ID #106128287, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #106128287 to shoreline designated as U.S. Census Tiger Line ID #614723700, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #614723700 to shoreline designated as U.S. Census Tiger Line ID #614723701, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #614723701 to shoreline designated as U.S. Census Tiger Line ID #614724656, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #614724656 to shoreline designated as U.S. Census Tiger Line ID #614724657, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #614724657 to nonvisible boundary designated as U.S. Census Tiger Line ID #106089214, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106089214 to nonvisible boundary designated as U.S. Census Tiger Line ID #106103286, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106103286 to nonvisible boundary designated as U.S. Census Tiger Line ID #614724653, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614724653 to nonvisible boundary designated as U.S. Census Tiger Line ID #614724654, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614724654 to nonvisible boundary designated as U.S. Census Tiger Line ID #106124232, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106124232 to nonvisible boundary designated as U.S. Census Tiger Line ID #614723703, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614723703 to nonvisible boundary designated as U.S. Census Tiger Line ID #614723708, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614723708 to shoreline designated as U.S. Census Tiger Line ID #614723706, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #614723706 to shoreline designated as U.S. Census Tiger Line ID #106134204, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #106134204 to shoreline designated as U.S. Census Tiger Line ID #614724641, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #614724641 to shoreline designated as U.S. Census Tiger Line ID #614724787, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #614724787 to shoreline designated as U.S. Census Tiger Line ID #632928024, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #632928024 to shoreline designated as U.S. Census Tiger Line ID #632928023, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #632928023 to Unity Branch, and proceeding westerly along Unity Branch to Indian Mission Road, and proceeding northerly along Indian Mission Road to Harbeson Road, and proceeding westerly along Harbeson Road to Road 47, and proceeding westerly along Road 47 to Road 248, and proceeding northerly along Road 248 to Seashore Highway, and proceeding westerly along Seashore Highway to E. Market Street, and proceeding westerly along E. Market Street to Lewes Georgetown Highway, and proceeding westerly along Lewes Georgetown Highway to Road 319, and proceeding northerly along Road 319 to Road 252, and proceeding easterly along Road 252 to Road 248, and proceeding northerly along Road 248 to Beach Highway, and proceeding easterly along Beach Highway to the Milton town line, and proceeding easterly along the Milton town line to Beach Road, and proceeding easterly along Beach Road to Mulberry Street Exd., and proceeding northerly along Mulberry Street Exd. to Cedar Creek Road, and proceeding northerly along Cedar Creek Road to Walls Road, and proceeding easterly along Walls Road to Union Street Exd., and proceeding northerly along Union Street Exd. to the point of beginning. (21) Twenty-first Representative District. — The 21st Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Millcreek Road and Stoney Batter Road, and proceeding easterly along Millcreek Road to McKennans Church Road, and proceeding southerly along McKennans Church Road to unnamed local road designated as U.S. Census Tiger Line ID #187272516, and proceeding easterly along unnamed local road designated as U.S. Census Tiger Line ID #187272516 to nonvisible boundary designated as U.S. Census Tiger Line ID #628691762, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #628691762 to nonvisible boundary designated as U.S. Census Tiger Line ID #628691761, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #628691761 to nonvisible boundary designated as U.S. Census Tiger Line ID #187291313, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291313 to nonvisible boundary designated as U.S. Census Tiger Line ID #187271002, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187271002 to nonvisible boundary designated as U.S. Census Tiger Line ID #187253248, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187253248 to Milltown Road, and proceeding westerly along Milltown Road to Limestone Road, and proceeding southerly along Limestone Road to Kirkwood Highway, and proceeding westerly along Kirkwood Highway to Old Capitol Trail, and proceeding southerly along Old Capitol Trail to Saint James Church Road, and proceeding southerly along Saint James Church Road to Telegraph Road, and proceeding westerly along Telegraph Road to Old Capitol Trail, and proceeding westerly along Old Capitol Trail to Del Park Entrance, and proceeding southerly along Del Park Entrance to nonvisible boundary designated as U.S. Census Tiger Line ID #187295943, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187295943 to CSX RR, and proceeding westerly along CSX RR to White Clay Creek, and proceeding easterly along White Clay Creek to Del Park Entrance, and proceeding southerly along Del Park Entrance to Amtrak RR, and proceeding westerly along Amtrak RR to Harmony Road, and proceeding northerly along Harmony Road to N. Harmony Road, and proceeding northerly along N. Harmony Road to Page 35 Title 29 - State Government Kirkwood Highway, and proceeding westerly along Kirkwood Highway to Possum Park Road, and proceeding northerly along Possum Park Road to Paper Mill Road, and proceeding easterly along Paper Mill Road to Fox Den Road, and proceeding easterly along Fox Den Road to Polly Drummond Hill Road, and proceeding southerly along Polly Drummond Hill Road to New Linden Hill Road, and proceeding easterly along New Linden Hill Road to Upper Pike Creek Road, and proceeding northerly along Upper Pike Creek Road to nonvisible boundary designated as U.S. Census Tiger Line ID#187291340, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291340 to Pike Creek, and proceeding northerly along Pike Creek to nonvisible boundary designated as U.S. Census Tiger Line ID #610390110, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #610390110 to nonvisible boundary designated as U.S. Census Tiger Line ID #610390109, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #610390109 to Skyline Drive, and proceeding northerly along Skyline Drive to Stoney Batter Road, and proceeding northerly along Stoney Batter Road to the point of beginning. (22) Twenty-second Representative District. — The 22nd Representative District shall comprise: all of that portion of New Castle County bounded by a line beginning at the point of intersection of Southwood Road and the Delaware/Pennsylvania state line, and proceeding easterly along Southwood Road to Valley Road, and proceeding southerly along Valley Road to Evanson Road, and proceeding easterly along Evanson Road to Millcreek Road, and proceeding southerly along Millcreek Road to Brackenville Road, and proceeding westerly along Brackenville Road to Limestone Road, and proceeding southerly along Limestone Road to Mendenhall Mill Road, and proceeding easterly along Mendenhall Mill Road to Millcreek Road, and proceeding southerly along Millcreek Road to Graves Road, and proceeding easterly along Graves Road to Loveville Road, and proceeding southerly along Loveville Road to McKennans Church Road, and proceeding southerly along McKennans Church Road to Millcreek Road, and proceeding westerly along Millcreek Road to Stoney Batter Road, and proceeding southerly along Stoney Batter Road to Skyline Drive, and proceeding southerly along Skyline Drive to nonvisible boundary designated as U.S. Census Tiger Line ID #610390109, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #610390109 to nonvisible boundary designated as U.S. Census Tiger Line ID #610390110, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #610390110 to Pike Creek, and proceeding southerly along Pike Creek to nonvisible boundary designated as U.S. Census Tiger Line ID #187291340, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187291340 to Upper Pike Creek Road, and proceeding southerly along Upper Pike Creek Road to New Linden Hill Road, and proceeding westerly along New Linden Hill Road to Polly Drummond Hill Road, and proceeding northerly along Polly Drummond Hill Road to Fox Den Road, and proceeding westerly along Fox Den Road to Paper Mill Road, and proceeding northerly along Paper Mill Road to Corner Ketch Road, and proceeding westerly along Corner Ketch Road to Pine Hill Road, and proceeding westerly along Pine Hill Road to the Delaware/Pennsylvania state line, and proceeding northerly along the Delaware/Pennsylvania state line to the point of beginning. (23) Twenty-third Representative District. — The 23rd Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Pine Hill Road and Delaware/Pennsylvania state line, and proceeding easterly along Pine Hill Road to Corner Ketch Road, and proceeding easterly along Corner Ketch Road to Paper Mill Road, and proceeding southerly along Paper Mill Road to Possum Park Road, and proceeding easterly along Possum Park Road to Capitol Trail, and proceeding westerly along Capitol Trail to E. Main Street, and proceeding westerly along E. Main Street to W. Main Street, and proceeding westerly along W. Main Street to Elkton Road, and proceeding southerly along Elkton Road to Casho Mill Road, and proceeding northerly along Casho Mill Road to the Newark city line, and proceeding westerly along the Newark city line to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to the Delaware/Pennsylvania state line, and proceeding northerly along the Delaware/Pennsylvania state line to the point of beginning. (24) Twenty-fourth Representative District. — The 24th Representative District shall comprise: all of that portion of New Castle County bounded by a line beginning at the point of intersection of N. Harmony Road and Capitol Trail, and proceeding southerly along N. Harmony Road to Harmony Road, and proceeding southerly along Harmony Road to Amtrak RR, and proceeding westerly along Amtrak RR to State Road 273, and proceeding southerly along State Road 273 to I-95, and proceeding westerly along I-95 to S. Chapel Street, and proceeding northerly along S. Chapel Street to Library Avenue, and proceeding northerly along Library Avenue to Capitol Trail, and proceeding northerly along Capitol Trail to the point of beginning. (25) Twenty-fifth Representative District. — The 25th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of Library Avenue and E. Main Street, and proceeding southerly along Library Avenue to S. Chapel Street, and proceeding southerly along S. Chapel Street to Chapel Street Exd., and proceeding southerly along Chapel Street Exd. to Sunset Lake Road, and proceeding southerly along Sunset Lake Road to the Glasgow census designated place line, and proceeding southerly along the Glasgow census designated place line to shoreline designated as U.S. Census Tiger Line ID #187271172, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #187271172 to nonvisible boundary designated as U.S. Census Tiger Line ID #187271171, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187271171 to Eggerts Lane, and proceeding westerly along Eggerts Lane to Old Cooches Bridge Road, and proceeding westerly along Old Cooches Bridge Road to Four Seasons Parkway, and proceeding westerly along Four Seasons Parkway to Old Baltimore Pike, and proceeding westerly along Old Baltimore Pike to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to the Newark city line, and proceeding easterly along the Newark city line to Casho Mill Road, and proceeding southerly along Casho Mill Road to Elkton Road, and proceeding northerly along Elkton Road to W. Main Street, and proceeding easterly along W. Main Street to E. Main Street, and proceeding easterly along E. Main Street to the point of beginning. Page 36 Title 29 - State Government (26) Twenty-sixth Representative District. — The 26th Representative District shall comprise: all that portion of New Castle County bounded by a line beginning at the point of intersection of State Road 273 and I-95, and proceeding southerly along State Road 273 to nonvisible boundary designated as U.S. Census Tiger Line ID #187282388, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #187282388 to nonvisible boundary designated as U.S. Census Tiger Line ID #606272145, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #606272145 to nonvisible boundary designated as U.S. Census Tiger Line ID #606272144, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #606272144 to W. Main Street, and proceeding easterly along W. Main Street to E. Main Street, and proceeding easterly along E. Main Street to Christina Creek, and proceeding westerly along Christina Creek to stream/river designated as U.S. Census Tiger Line ID #605460077, and proceeding westerly along stream/river designated as U.S. Census Tiger Line ID #605460077 to nonvisible boundary designated as U.S. Census Tiger Line ID #614585123, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614585123 to nonvisible boundary designated as U.S. Census Tiger Line ID #614585122, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614585122 to Christina Creek, and proceeding southerly along Christina Creek to the Bear census designated place line, and proceeding southerly along the Bear census designated place line to nonvisible boundary designated as U.S. Census Tiger Line ID #187275241, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187275241 to Kings Bridge Court, and proceeding westerly along Kings Bridge Court to Wellington Drive, and proceeding southerly along Wellington Drive to Pulaski Highway, and proceeding westerly along Pulaski Highway to nonvisible boundary designated as U.S. Census Tiger Line ID #632927178, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #632927178 to powerline designated as U.S. Census Tiger Line ID #632927175, and proceeding southerly along powerline designated as U.S. Census Tiger Line ID #632927175 to the Bear census designated place line, and proceeding westerly along the Bear census designated place line to Belltown Run, and proceeding westerly along Belltown Run to Sunset Lake Road, and proceeding northerly along Sunset Lake Road to Chapel Street Exd., and proceeding northerly along Chapel Street Exd. to Chapel Street, and proceeding northerly along Chapel Street to I-95, and proceeding easterly along I-95 to the point of beginning. (27) Twenty-seventh Representative District. — The 27th Representative District shall comprise: all that portion of New Castle County bounded and described by a line beginning at the point of intersection of Four Seasons Parkway and Old Baltimore Pike, and proceeding southerly along Four Seasons Parkway to Old Cooches Bridge Road, and proceeding easterly along Old Cooches Bridge Road to Eggerts Lane, and proceeding southerly along Eggerts Lane to nonvisible boundary designated as U.S. Census Tiger Line ID #187271171, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187271171 to shoreline designated as U.S. Census Tiger Line ID #187271172, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #187271172 to the Glasgow census designated place line, and proceeding northerly along the Glasgow census designated place line to Sunset Lake Road, and proceeding southerly along Sunset Lake Road to Wrangle Hill Road, and proceeding southerly along Wrangle Hill Road to Porter Road, and proceeding westerly along Porter Road to Woods Road, and proceeding southerly along Woods Road to Howell School Road, and proceeding easterly along Howell School Road to Red Lion Road, and proceeding southerly along Red Lion Road to Old Summit Road, and proceeding westerly along Old Summit Road to nonvisible boundary designated as U.S. Census Tiger Line ID #187251081, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187251081 to nonvisible boundary designated as U.S. Census Tiger Line ID #187251082, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #187251082 to Chesapeake & Delaware Canal, and proceeding westerly along Chesapeake & Delaware Canal to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to Old Baltimore Pike, and proceeding easterly along Old Baltimore Pike to the point of beginning. (28) Twenty-eighth Representative District. — The 28th Representative District shall comprise: all that portion of Kent County bounded by a line beginning at the point of intersection of S. Dupont Boulevard and Brenford Road, and proceeding westerly along Brenford Road to Road 145, and proceeding westerly along Road 145 to Road 90, and proceeding northerly along Road 90 to Road 137, and proceeding westerly along Road 137 to South Street, and proceeding westerly along South Street to nonvisible boundary designated as U.S. Census Tiger Line ID #68105330, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68105330 to the Smyrna town line, and proceeding northerly along the Smyrna town line to Wheatleys Pond Road, and proceeding southerly along Wheatleys Pond Road to School Lane, and proceeding westerly along School Lane to Millington Road, and proceeding westerly along Millington Road to Duck Creek Road, and proceeding easterly along Duck Creek Road to the Clayton town line, and proceeding westerly along the Clayton town line to the New Castle/Kent county line, and proceeding easterly along the New Castle/Kent county line to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to nonvisible boundary designated as U.S. Census Tiger Line ID #68112201, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68112201 to nonvisible boundary designated as U.S. Census Tiger Line ID #629645992, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645992 to nonvisible boundary designated as U.S. Census Tiger Line ID #629645991, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645991 to Little River, and proceeding westerly along Little River to nonvisible boundary designated as U.S. Census Tiger Line ID #68098371, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68098371 to nonvisible boundary designated as U.S. Census Tiger Line ID #68112692, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68112692 to nonvisible boundary designated as U.S. Census Tiger Line ID #616915052, Page 37 Title 29 - State Government and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915052 to nonvisible boundary designated as U.S. Census Tiger Line ID #616915055, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915055 to Bayside Drive, and proceeding southerly along Bayside Drive to nonvisible boundary designated as U.S. Census Tiger Line ID #616915071, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915071 to Pine Elm Creek, and proceeding northerly along Pine Elm Creek to Little River, and proceeding westerly along Little River to stream/river designated as U.S. Census Tiger Line ID #68104643, and proceeding northerly along stream/river designated as U.S. Census Tiger Line ID #68104643 to stream/river designated as U.S. Census Tiger Line ID #68104644, and proceeding northerly along stream/river designated as U.S. Census Tiger Line ID #68104644 to North Little Creek Road, and proceeding westerly along North Little Creek Road to Korean Veterans Memorial Highway, and proceeding northerly along Korean Veterans Memorial Highway to White Oak Road, and proceeding westerly along White Oak Road to the Dover city line, and proceeding westerly along the Dover city line to White Oak Road, and proceeding westerly along White Oak Road to N. Dupont Highway, and proceeding northerly along N. Dupont Highway to Scarborough Road, and proceeding northerly along Scarborough Road to Korean Veterans Memorial Highway, and proceeding northerly along Korean Veterans Memorial Highway to Fast Landing Road, and proceeding southerly along Fast Landing Road to N. Dupont Highway, and proceeding northerly along N. Dupont Highway to S. Dupont Boulevard, and proceeding northerly along S. Dupont Boulevard to the point of beginning. (29) Twenty-ninth Representative District. — The 29th Representative District shall comprise: all that portion of Kent County bounded by a line beginning at the point of intersection of Alley Mill Road and the New Castle/Kent county line, and proceeding easterly along the New Castle/Kent county line to the Clayton town line, and proceeding easterly along the Clayton town line to Duck Creek Road, and proceeding westerly along Duck Creek Road to Millington Road, and proceeding easterly along Millington Road to School Lane, and proceeding easterly along School Lane to Wheatleys Pond Road, and proceeding northerly along Wheatleys Pond Road to the Smyrna town line, and proceeding southerly along the Smyrna town line to nonvisible boundary designated as U.S. Census Tiger Line ID #68105330, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #68105330 to South Street, and proceeding easterly along South Street to Road 137, and proceeding easterly along Road 137 to Road 90, and proceeding westerly along Road 90 to Road 145, and proceeding easterly along Road 145 to Brenford Road, and proceeding easterly along Brenford Road to S. Dupont Boulevard, and proceeding southerly along S. Dupont Boulevard to N. Dupont Highway, and proceeding southerly along N. Dupont Highway to Fast Landing Road, and proceeding easterly along Fast Landing Road to State Route 1, and proceeding southerly along State Route 1 to Scarborough Road, and proceeding westerly along Scarborough Road to N. Dupont Highway, and proceeding westerly along N. Dupont Highway to W. Denneys Road, and proceeding westerly along W. Denneys Road to Kenton Road, and proceeding easterly along Kenton Road to Chestnut Grove Road, and proceeding westerly along Chestnut Grove Road to Maidstone Branch, and proceeding southerly along Maidstone Branch to Sharon Hill Road, and proceeding southerly along Sharon Hill Road to Forrest Avenue, and proceeding easterly along Forrest Avenue to Artis Drive, and proceeding southerly along Artis Drive to Hazlettville Road, and proceeding westerly along Hazlettville Road to Todds Mill Road, and proceeding southerly along Todds Mill Road to Isaac Branch, and proceeding easterly along Isaac Branch to Almshouse Branch, and proceeding southerly along Almshouse Branch to stream/river designated as U.S. Census Tiger Line ID #68093291, and proceeding southerly along stream/river designated as U.S. Census Tiger Line ID #68093291 to unnamed local road designated as U.S. Census Tiger Line ID #68093290, and proceeding easterly along unnamed local road designated as U.S. Census Tiger Line ID #68093290 to Moose Lodge Road, and proceeding southerly along Moose Lodge Road to Willow Grove Road, and proceeding westerly along Willow Grove Road to Morgans Choice Road, and proceeding westerly along Morgans Choice Road to Grimmett Drive, and proceeding westerly along Grimmett Drive to nonvisible boundary designated as U.S. Census Tiger Line ID #68101369, and proceeding westerly along nonvisible boundary as U.S. Census Tiger Line ID #68101369 to Beachy Neidig Ditch, and proceeding southerly along Beachy Neidig Ditch to Honeysuckle Road, and proceeding westerly along Honeysuckle Road to Westville Road, and proceeding westerly along Westville Road to Hazlettville Road, and proceeding easterly along Hazlettville Road to Pearsons Corner Road, and proceeding northerly along Pearsons Corner Road to Rose Dale Lane, and proceeding westerly along Rose Dale Lane to Road 168, and proceeding northerly along Road 168 to Brenford Road, and proceeding northerly along Brenford Road to Mount Friendship Road, and proceeding northerly along Mount Friendship Road to Wheatleys Pond Road, and proceeding northerly along Wheatleys Pond Road to Alley Corner Road, and proceeding northerly along Alley Corner Road to Millington Road, and proceeding westerly along Millington Road to Alley Mill Road, and proceeding northerly along Alley Mill Road to the point of beginning. (30) Thirtieth Representative District. — The 30th Representative District shall comprise: all that portion of Kent County bounded by a line beginning at the point of intersection of Morgans Choice Road and Grimmett Drive, and proceeding southerly along Morgans Choice Road to Willow Grove Road, and proceeding westerly along Willow Grove Road to Farm Lane, and proceeding easterly along Farm Lane to Road 77, and proceeding easterly along Road 77 to powerline designated as U.S. Census Tiger Line ID #68092916, and proceeding southerly along powerline designated as U.S. Census Tiger Line ID #68092916 to Road 4, and proceeding easterly along Road 4 to Road 32, and proceeding easterly along Road 32 to Canterbury Road, and proceeding southerly along Canterbury Road to Road 386, and proceeding southerly along Road 386 to Road 384, and proceeding southerly along Road 384 to Beaverdam Branch, and proceeding northerly along Beaverdam Branch to shoreline designated as U.S. Census Tiger Line ID #68083709, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #68083709 to stream/river designated as U.S. Census Tiger Line ID #68083713, and proceeding southerly along stream/river designated as U.S. Census Tiger Line ID #68083713 to Road Page 38 Title 29 - State Government 443, and proceeding easterly along Road 443 to nonvisible boundary designated as U.S. Census Tiger Line ID #68083715, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68083715 to the Sussex/Kent county line, and proceeding westerly along the Sussex/Kent county line to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to shoreline designated as U.S. Census Tiger Line ID #629546756, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #629546756 to shoreline designated as U.S. Census Tiger Line ID #629546755, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #629546755 to Culbreth Marsh Ditch, and proceeding easterly along Culbreth Marsh Ditch to Beachy Neidig Ditch, and proceeding easterly along Beachy Neidig Ditch to nonvisible boundary designated as U.S. Census Tiger Line ID #68101369, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #68101369 to Grimmett Drive, and proceeding northerly along Grimmett Drive to the point of beginning. (31) Thirty-first Representative District. — The 31st Representative District shall comprise: all that portion of Kent County bounded by a line beginning at the point of intersection of N. Dupont Highway and W. Denneys Road, and proceeding easterly along N. Dupont Highway to S. Dupont Highway, and proceeding southerly along S. Dupont Highway to E. Loockerman Street, and proceeding westerly along E. Loockerman Street to W. Loockerman Street, and proceeding westerly along W. Loockerman Street to S. Governors Avenue, and proceeding southerly along S. Governors Avenue to Puncheon Run Creek, and proceeding westerly along Puncheon Run Creek to New Burton Road, and proceeding southerly along New Burton Road to the Wyoming/Dover town/city line, and proceeding northerly along the Wyoming/Dover town/city line to the Wyoming town line, and proceeding westerly along the Wyoming town line to Mill Street, and proceeding westerly along Mill Street to the Wyoming town line, and proceeding westerly along the Wyoming town line to shoreline designated as U.S. Census Tiger Line ID #68092601, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #68092601 to shoreline designated as U.S. Census Tiger Line ID #68092883, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #68092883 to stream/river designated as U.S. Census Tiger Line ID #68098364, and proceeding westerly along stream/river designated as U.S. Census Tiger Line ID #68098364 to stream/river designated as U.S. Census Tiger Line ID #68098365, and proceeding westerly along stream/river designated as U.S. Census Tiger Line ID #68098365 to Isaac Branch, and proceeding westerly along Isaac Branch to Todds Mill Road, and proceeding northerly along Todds Mill Road to Hazlettville Road, and proceeding easterly along Hazlettville Road to Artis Drive, and proceeding northerly along Artis Drive to Forrest Avenue, and proceeding westerly along Forrest Avenue to Sharon Hill Road, and proceeding northerly along Sharon Hill Road to Maidstone Branch, and proceeding northerly along Maidstone Branch to Chestnut Grove Road, and proceeding easterly along Chestnut Grove Road to Kenton Road, and proceeding westerly along Kenton Road to W. Denneys Road, and proceeding easterly along W. Denneys Road to the point of beginning. (32) Thirty-second Representative District. — The 32nd Representative District shall comprise: all that portion of Kent County bounded by a line beginning at the point of intersection of State Route 1 and White Oak Road, and proceeding southerly along State Route 1 to N. Little Creek Road, and proceeding easterly along N. Little Creek Road to stream/river designated as U.S. Census Tiger Line ID #68104644, and proceeding southerly along stream/river designated as U.S. Census Tiger Line ID #68104644 to stream/river designated as U.S. Census Tiger Line ID #68104643, and proceeding southerly along stream/river designated as U.S. Census Tiger Line ID #68104643 to Little River, and proceeding easterly along Little River to Pine Elm Creek, and proceeding southerly along Pine Elm Creek to nonvisible boundary designated as U.S. Census Tiger Line ID #616915071, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915071 to Bayside Drive, and proceeding northerly along Bayside Drive to nonvisible boundary designated as U.S. Census Tiger Line ID #616915055, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915055 to nonvisible boundary designated as U.S. Census Tiger Line ID #616915052, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915052 to nonvisible boundary designated as U.S. Census Tiger Line ID #68112692, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68112692 to nonvisible boundary designated as U.S. Census Tiger Line ID #68098371, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68098371 to Little River, and proceeding easterly along Little River to nonvisible boundary designated as U.S. Census Tiger Line ID #629645991, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645991 to nonvisible boundary designated as U.S. Census Tiger Line ID #629645992, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645992 to nonvisible boundary designated as U.S. Census Tiger Line ID #68112201, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #68112201 to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to nonvisible boundary designated as U.S. Census Tiger Line ID #68094692, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68094692 to nonvisible boundary designated as U.S. Census Tiger Line ID #68094691, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68094691 to nonvisible boundary designated as U.S. Census Tiger Line ID #629645925, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645925 to nonvisible boundary designated as U.S. Census Tiger Line ID #629645924, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645924 to the Bowers town line, and proceeding westerly along the Bowers town line to Saint Jones River, and proceeding westerly along Saint Jones River to Plain Dealing Road, and proceeding westerly along Plain Dealing Road to S. State Street, and proceeding northerly along S. State Street to Sorghum Mill Road, and proceeding easterly along Sorghum Mill Road to E. Lebanon Road, and proceeding easterly along E. Lebanon Road to nonvisible boundary designated as U.S. Census Tiger Line ID #68110410, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68110410 Page 39 Title 29 - State Government to nonvisible boundary designated as U.S. Census Tiger Line ID #616915374, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915374 to nonvisible boundary designated as U.S. Census Tiger Line ID #616915375, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915375 to the Kent Acres census designated place line, and proceeding westerly along the Kent Acres census designated place line to the Highland Acres/Kent Acres census designated place line, and proceeding westerly along the Highland Acres/Kent Acres census designated place line to the Camden/ Rodney Village town/census designated place line, and proceeding westerly along the Camden/Rodney Village town/census designated place line to the Wyoming/Rodney Village town/census designated place line, and proceeding northerly along the Wyoming/Rodney Village town/census designated place line to nonvisible boundary designated as U.S. Census Tiger Line ID #68105022, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68105022 to Road 190, and proceeding northerly along Road 190 to New Burton Road, and proceeding northerly along New Burton Road to Puncheon Run Creek, and proceeding easterly along Puncheon Run Creek to S. Governors Avenue, and proceeding northerly along S. Governors Avenue to W. Loockerman Street, and proceeding easterly along W. Loockerman Street to E. Loockerman Street, and proceeding easterly along E. Loockerman Street to S. Dupont Highway, and proceeding northerly along S. Dupont Highway to N. Dupont Highway, and proceeding northerly along N. Dupont Highway to White Oak Road, and proceeding easterly along White Oak Road to the point of beginning. (33) Thirty-third Representative District. — The 33rd Representative District shall comprise: all that portion of Kent County bounded by a line beginning at the point of intersection of Canterbury Road and Road 31, and proceeding easterly along Road 31 to Woodlytown Road, and proceeding easterly along Woodlytown Road to Plain Dealing Road, and proceeding easterly along Plain Dealing Road to Saint Jones River, and proceeding southerly along Saint Jones River to the Bowers town line, and proceeding easterly along the Bowers town line to nonvisible boundary designated as U.S. Census Tiger Line ID #629645924, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645924 to nonvisible boundary designated as U.S. Census Tiger Line ID #629645925, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629645925 to nonvisible boundary designated as U.S. Census Tiger Line ID #68094691, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68094691 to nonvisible boundary designated as U.S. Census Tiger Line ID #68094692, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #68094692 to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to the Sussex/Kent county line, and proceeding westerly along the Sussex/Kent county line to nonvisible boundary designated as U.S. Census Tiger Line ID #68083715, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #68083715 to Road 443, and proceeding westerly along Road 443 to stream/river designated as U.S. Census Tiger Line ID #68083713, and proceeding northerly along stream/river designated as U.S. Census Tiger Line ID #68083713 to shoreline designated as U.S. Census Tiger Line ID #68083709, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #68083709 to Beaverdam Branch, and proceeding westerly along Beaverdam Branch to Road 384, and proceeding northerly along Road 384 to Road 386, and proceeding northerly along Road 386 to Canterbury Road, and proceeding northerly along Canterbury Road to the point of beginning. (34) Thirty-fourth Representative District. — The 34th Representative District shall comprise: all that portion of Kent County bounded by a line beginning at the point of intersection Sorghum Mill Road and S. State Street, and proceeding southerly along S. State Street to Woodlytown Road, and proceeding westerly along Woodlytown Road to Road 31, and proceeding westerly along Road 31 to Road 32, and proceeding westerly along Road 32 to Road 4, and proceeding westerly along Road 4 to powerline designated as U.S. Census Tiger Line ID #68092916, and proceeding northerly along powerline designated as U.S. Census Tiger Line ID #68092916 to Road 77, and proceeding westerly along Road 77 to Farm Lane, and proceeding northerly along Farm Lane to Willow Grove Road, and proceeding easterly along Willow Grove Road to Moose Lodge Road, and proceeding northerly along Moose Lodge Road to unnamed local road designated as U.S. Census Tiger Line ID #68093290, and proceeding westerly along unnamed local road designated as U.S. Census Tiger Line ID #68093290 to stream/river designated as U.S. Census Tiger Line ID #68093291, and proceeding northerly along stream/river designated as U.S. Census Tiger Line ID #68093291 to Almshouse Branch, and proceeding northerly along Almshouse Branch to Isaac Branch, and proceeding easterly along Isaac Branch to stream/river designated as U.S. Census Tiger Line ID #68098365, and proceeding easterly along stream/river designated as U.S. Census Tiger Line ID #68098365 to stream/river designated as U.S. Census Tiger Line ID #68098364, and proceeding easterly along stream/river designated as U.S. Census Tiger Line ID #68098364 to shoreline designated as U.S. Census Tiger Line ID #68092883, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #68092883 to shoreline designated as U.S. Census Tiger Line ID #68092601, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #68092601 to the Wyoming town line, and proceeding easterly along the Wyoming town line to Mill Street, and proceeding easterly along Mill Street to the Wyoming town line, and proceeding northerly along the Wyoming town line to the Dover/Wyoming city/town line, and proceeding southerly along the Dover/Wyoming city/town line to New Burton Road, and proceeding northerly along New Burton Road to nonvisible boundary designated as U.S. Census Tiger Line ID #68105022, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #68105022 to the Rodney Village/Wyoming census designated place/town line, and proceeding southerly along the Rodney Village/Wyoming census designated place/town line to the Rodney Village/Camden census designated place/town line, and proceeding easterly along the Rodney Village/Camden census designated place/town line to the Kent Acres/Highland Acres census designated place line, and proceeding easterly along the Kent Acres/Highland Acres census designated place line to the Kent Acres census designated place line, and proceeding easterly along the Kent Acres census designated place line to nonvisible boundary designated as U.S. Census Tiger Line ID #616915375, and proceeding Page 40 Title 29 - State Government southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915375 to nonvisible boundary designated as U.S. Census Tiger Line ID #616915374, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #616915374 to nonvisible boundary designated as U.S. Census Tiger Line ID #68110410, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #68110410 to E. Lebanon Road, and proceeding southerly along E. Lebanon Road to Sorghum Mill Road, and proceeding southerly along Sorghum Mill Road to the point of beginning. (35) Thirty-fifth Representative District. — The 35th Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Road 620 and the Kent/Sussex county line, and proceeding easterly along Road 620 to Johnson Branch, and proceeding southerly along Johnson Branch to shoreline of Abbotts Pond designated as U.S. Census Tiger Line ID #106077332, and proceeding southerly along shoreline of Abbotts Pond designated as U.S. Census Tiger Line ID #106077332 to stream/river designated as U.S. Census Tiger Line ID #106077349, and proceeding southerly along stream/river designated as U.S. Census Tiger Line ID #106077349 to Johnson Branch, and proceeding southerly along Johnson Branch to Shawnee Road, and proceeding easterly along Shawnee Road to Road 207, and proceeding southerly along Road 207 to Road 213, and proceeding southerly along Road 213 to Dupont Boulevard, and proceeding southerly along Dupont Boulevard to stream/river designated as U.S. Census Tiger Line ID #106111160, and proceeding westerly along stream/river designated as U.S. Census Tiger Line ID #106111160 to Road 522, and proceeding southerly along Road 522 to Seashore Highway, and proceeding easterly along Seashore Highway to Georgetown-Vaughn Ditch, and proceeding easterly along Georgetown-Vaughn Ditch to the Georgetown town line, and proceeding westerly along the Georgetown town line to Road 520, and proceeding southerly along Road 520 to Road 446, and proceeding easterly along Road 446 to W. Market Street, and proceeding southerly along W. Market Street to Road 28, and proceeding westerly along Road 28 to Kaye Road, and proceeding westerly along Kaye Road to Road 20, and proceeding westerly along Road 20 to Road 20A, and proceeding northerly along Road 20A to Road 516, and proceeding northerly along Road 516 to Road 525, and proceeding northerly along Road 525 to Road 526A, and proceeding northerly along Road 526A to Road 46, and proceeding westerly along Road 46 to Sussex Highway, and proceeding northerly along Sussex Highway to Cannon Road, and proceeding westerly along Cannon Road to Federalsburg Road, and proceeding westerly along Federalsburg Road to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to the Kent/Sussex county line, and proceeding easterly along the Kent/Sussex county line to the point of beginning. (36) Thirty-sixth Representative District. — The 36th Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Road 213 and Road 207, and proceeding westerly along Road 207 to Shawnee Road, and proceeding westerly along Shawnee Road to Johnson Branch, and proceeding northerly along Johnson Branch to stream/river designated as U.S. Census Tiger Line ID #106077349, and proceeding northerly along stream/river designated as U.S. Census Tiger Line ID #106077349 to shoreline of Abbotts Pond designated as U.S. Census Tiger Line ID #106077332, and proceeding northerly along shoreline of Abbotts Pond designated as U.S. Census Tiger Line ID #106077332 to Johnson Branch, and proceeding northerly along Johnson Branch to Road 620, and proceeding westerly along Road 620 to the Kent/Sussex county line, and proceeding easterly along the Kent/Sussex county line to the Delaware/New Jersey state line, and proceeding southerly along the Delaware/New Jersey state line to Cape May-Lewes Ferry Crossing, and proceeding southerly along Cape May-Lewes Ferry Crossing to nonvisible boundary designated as U.S. Census Tiger Line ID #631931224, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #631931224 to nonvisible boundary designated as U.S. Census Tiger Line ID #613931223, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #613931223 to Delaware Bay shoreline, and proceeding easterly along Delaware Bay shoreline to the Lewes city line, and proceeding westerly along the Lewes city line to southern shoreline of Broadkill River, and proceeding westerly along southern shoreline of Broadkill River to Coastal Highway, and proceeding westerly along Coastal Highway to Union Street Exd., and proceeding southerly along Union Street Exd. to Walls Road, and proceeding westerly along Walls Road to Mulberry Street Exd., and proceeding southerly along Mulberry Street Exd. to Beach Highway, and proceeding westerly along Beach Highway to Road 248, and proceeding southerly along Road 248 to Gravel Hill Road, and proceeding southerly along Gravel Hill Road to Road 252, and proceeding westerly along Road 252 to Road 319, and proceeding southerly along Road 319 to Road 245, and proceeding northerly along Road 245 to Road 246, and proceeding northerly along Road 246 to Road 244, and proceeding southerly along Road 244 to Dupont Boulevard, and proceeding northerly along Dupont Boulevard to Road 213, and proceeding northerly along Road 213 to the point of beginning. (37) Thirty-seventh Representative District. — The 37th Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Road 246 and Road 244, and proceeding southerly along Road 246 to Road 245, and proceeding easterly along Road 245 to Road 319, and proceeding southerly along Road 319 to Lewes Georgetown Highway, and proceeding easterly along Lewes Georgetown Highway to Road 248, and proceeding southerly along Road 248 to Road 47, and proceeding easterly along Road 47 to Harbeson Road, and proceeding easterly along Harbeson Road to Road 5, and proceeding southerly along Road 5 to Unity Branch, and proceeding easterly along Unity Branch to shoreline designated as U.S. Census Tiger Line ID #632928023, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #632928023 to shoreline designated as U.S. Census Tiger Line ID #632928024, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #632928024 to shoreline designated as U.S. Census Tiger Line ID #614724787, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #614724787 to shoreline designated as U.S. Census Tiger Line ID #614724641, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #614724641 to shoreline designated as U.S. Census Tiger Line ID Page 41 Title 29 - State Government #106134204, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #106134204 to shoreline designated as U.S. Census Tiger Line ID #614723706, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #614723706 to nonvisible boundary designated as U.S. Census Tiger Line ID #614723708, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614723708 to nonvisible boundary designated as U.S. Census Tiger Line ID #614723703, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #614723703 to nonvisible boundary designated as U.S. Census Tiger Line ID #106124232, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106124232 to nonvisible boundary designated as U.S. Census Tiger Line ID #614724654, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #614724654 to nonvisible boundary designated as U.S. Census Tiger Line ID #614724653, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #614724653 to nonvisible boundary designated as U.S. Census Tiger Line ID #106103286, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106103286 to nonvisible boundary designated as U.S. Census Tiger Line ID #106108915, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106108915 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055178, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055178 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055177, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055177 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055169, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055169 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055176, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055176 to nonvisible boundary designated as U.S. Census Tiger Line ID #630055175, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630055175 to nonvisible boundary designated as U.S. Census Tiger Line ID #614724302, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #614724302 to nonvisible boundary designated as U.S. Census Tiger Line ID #106106843, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106106843 to nonvisible boundary designated as U.S. Census Tiger Line ID #106090553, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106090553 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605623, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605623 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605622, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605622 to shoreline designated as U.S. Census Tiger Line ID #629605617, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #629605617 to shoreline designated as U.S. Census Tiger Line ID #629605618, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #629605618 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605625, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605625 to nonvisible boundary designated as U.S. Census Tiger Line ID #629605624, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629605624 to nonvisible boundary designated as U.S. Census Tiger Line ID #106100196, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106100196 to nonvisible boundary designated as U.S. Census Tiger Line ID #106099883, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106099883 to nonvisible boundary designated as U.S. Census Tiger Line ID #630159353, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630159353 to nonvisible boundary designated as U.S. Census Tiger Line ID #630159354, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630159354 to nonvisible boundary designated as U.S. Census Tiger Line ID #106097622, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106097622 to nonvisible boundary designated as U.S. Census Tiger Line ID #106100186, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106100186 to nonvisible boundary designated as U.S. Census Tiger Line ID #106097627, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106097627 to nonvisible boundary designated as U.S. Census Tiger Line ID #630103087, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630103087 to nonvisible boundary designated as U.S. Census Tiger Line ID #630103086, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630103086 to shoreline designated as U.S. Census Tiger Line ID #630103099, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #630103099 to shoreline designated as U.S. Census Tiger Line ID #630103098, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #630103098 to shoreline designated as U.S. Census Tiger Line ID #630103091, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #630103091 to shoreline designated as U.S. Census Tiger Line ID #630106083, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #630106083 to shoreline designated as U.S. Census Tiger Line ID #630106085, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #630106085 to shoreline designated as U.S. Census Tiger Line ID #630106087, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #630106087 to shoreline designated as U.S. Census Tiger Line ID #630106086, and proceeding westerly along shoreline designated as U.S. Census Tiger Line ID #630106086 to the Nanticoke Indian Tribe reservation line, and proceeding northerly along the Nanticoke Indian Tribe reservation line to Road 312, and proceeding westerly along Road 312 to Road 312A, and proceeding northerly along Road 312A to John J. Williams Highway, and proceeding westerly along John J. Williams Highway to William Street Road, and proceeding northerly along William Street Road to Road 304, and proceeding easterly along Road 304 to powerline designated as U.S. Census Tiger Line ID #106088890, and proceeding northerly along powerline designated as U.S. Census Tiger Line ID #106088890 to Road 297, and proceeding westerly Page 42 Title 29 - State Government along Road 297 to Gravel Hill Road, and proceeding northerly along Gravel Hill Road to Road 48, and proceeding westerly along Road 48 to Road 317, and proceeding northerly along Road 317 to Gills Branch, and proceeding westerly along Gills Branch to Road 321, and proceeding southerly along Road 321 to Road 48, and proceeding northerly along Road 48 to unnamed local road designated as U.S. Census Tiger Line ID #106087227, and proceeding westerly along unnamed local road designated as U.S. Census Tiger Line ID #106087227 to unnamed local road designated as U.S. Census Tiger Line ID #106130632, and proceeding westerly along unnamed local road designated as U.S. Census Tiger Line ID #106130632 to unnamed local road designated as U.S. Census Tiger Line ID #106130633, and proceeding westerly along unnamed local road designated as U.S. Census Tiger Line ID #106130633 to Dupont Boulevard, and proceeding northerly along Dupont Boulevard to canal/aqueduct designated as U.S. Census Tiger Line ID #620130834, and proceeding westerly along canal/aqueduct designated as U.S. Census Tiger Line ID #620130834 to canal/aqueduct designated as U.S. Census Tiger Line ID #620130835, and proceeding westerly along canal/aqueduct designated as U.S. Census Tiger Line ID #620130835 to the Georgetown town line, and proceeding westerly along the Georgetown town line to nonvisible boundary designated as U.S. Census Tiger Line ID #620129106, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #620129106 to Road 469, and proceeding northerly along Road 469 to the Georgetown town line, and proceeding southerly along the Georgetown town line to nonvisible boundary designated as U.S. Census Tiger Line ID #620129154, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #620129154 to W. Market Street, and proceeding northerly along W. Market Street to Road 446, and proceeding westerly along Road 446 to Road 520, and proceeding northerly along Road 520 to the Georgetown town line, and proceeding westerly along the Georgetown town line to Georgetown-Vaughn Ditch, and proceeding westerly along Georgetown-Vaughn Ditch to Seashore Highway, and proceeding westerly along Seashore Highway to Road 522, and proceeding northerly along Road 522 to stream/river designated as U.S. Census Tiger Line ID #106111160, and proceeding easterly along stream/river designated as U.S. Census Tiger Line ID #106111160 to Dupont Boulevard, and proceeding northerly along Dupont Boulevard to Road 244, and proceeding easterly along Road 244 to the point of beginning. (38) Thirty-eighth Representative District. — The 38th Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Road 392 and Road 382, and proceeding northerly along Road 382 to Vines Creek, and proceeding northerly along Vines Creek to nonvisible boundary designated as U.S. Census Tiger Line ID #106109341, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106109341 to nonvisible boundary designated as U.S. Census Tiger Line ID #106103186, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106103186 to Vines Creek Road, and proceeding easterly along Vines Creek Road to shoreline designated as U.S. Census Tiger Line ID #106109342, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #106109342 to shoreline designated as U.S. Census Tiger Line ID #106097643, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #106097643 to nonvisible boundary designated as U.S. Census Tiger Line ID #630116967, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630116967 to nonvisible boundary designated as U.S. Census Tiger Line ID #630116966, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630116966 to nonvisible boundary designated as U.S. Census Tiger Line ID #614725676, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614725676 to nonvisible boundary designated as U.S. Census Tiger Line ID #106109464, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106109464 to nonvisible boundary designated as U.S. Census Tiger Line ID #106109470, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106109470 to nonvisible boundary designated as U.S. Census Tiger Line ID #106097630, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106097630 to nonvisible boundary designated as U.S. Census Tiger Line ID #106100186, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106100186 to nonvisible boundary designated as U.S. Census Tiger Line ID #106097622, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106097622 to nonvisible boundary designated as U.S. Census Tiger Line ID #630159354, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630159354 to nonvisible boundary designated as U.S. Census Tiger Line ID #630159353, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #630159353 to nonvisible boundary designated as U.S. Census Tiger Line ID #106099883, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106099883 to nonvisible boundary designated as U.S. Census Tiger Line ID #106100196, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106100196 to nonvisible boundary designated as U.S. Census Tiger Line ID #106099884, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106099884 to nonvisible boundary designated as U.S. Census Tiger Line ID #106129821, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106129821 to nonvisible boundary designated as U.S. Census Tiger Line ID #631726556, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631726556 to nonvisible boundary designated as U.S. Census Tiger Line ID #631726557, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631726557 to nonvisible boundary designated as U.S. Census Tiger Line ID #631933960, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631933960 to nonvisible boundary designated as U.S. Census Tiger Line ID #631933961, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #631933961 to nonvisible boundary designated as U.S. Census Tiger Line ID #106100035, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106100035 to the Sussex county line, and proceeding southerly along the Sussex county line to the Delaware/Maryland state line, and proceeding westerly along the Delaware/Maryland Page 43 Title 29 - State Government state line to the Selbyville town line, and proceeding northerly along the Selbyville town line to Lighthouse Road, and proceeding easterly along Lighthouse Road to Road 386, and proceeding northerly along Road 386 to Road 52, and proceeding northerly along Road 52 to Road 392, and proceeding easterly along Road 392 to the point of beginning. (39) Thirty-ninth Representative District. — The 39th Representative District shall comprise: all that portion of Sussex County bounded and described by a line beginning at the point of intersection of Cannon Road and Federalsburg Road, and proceeding easterly along Cannon Road to Bowdens Road, and proceeding easterly along Bowdens Road to Federalsburg Road, and proceeding easterly along Federalsburg Road to Cannon Road, and proceeding easterly along Cannon Road to Sussex Highway, and proceeding southerly along Sussex Highway to Road 46, and proceeding easterly along Road 46 to Road 526A, and proceeding southerly along Road 526A to Road 525, and proceeding southerly along Road 525 to Road 516, and proceeding southerly along Road 516 to Road 20A, and proceeding easterly along Road 20A to Road 20, and proceeding southerly along Road 20 to Kaye Road, and proceeding southerly along Kaye Road to Road 28, and proceeding westerly along Road 28 to Taylor Mill Road, and proceeding westerly along Taylor Mill Road to Road 468, and proceeding southerly along Road 468 to Road 470, and proceeding westerly along Road 470 to Road 493, and proceeding westerly along Road 493 to Road 78, and proceeding westerly along Road 78 to nonvisible boundary designated as U.S. Census Tiger Line ID #106101875, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106101875 to shoreline designated as U.S. Census Tiger Line ID #614723557, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #614723557 to nonvisible boundary designated as U.S. Census Tiger Line ID #614723564, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614723564 to nonvisible boundary designated as U.S. Census Tiger Line ID #614725089, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614725089 to nonvisible boundary designated as U.S. Census Tiger Line ID #614725088, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614725088 to nonvisible boundary designated as U.S. Census Tiger Line ID #629486798, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629486798 to nonvisible boundary designated as U.S. Census Tiger Line ID #629486797, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #629486797 to the Delaware/Maryland state line, and proceeding northerly along the Delaware/Maryland state line to Federalsburg Road, and proceeding easterly along Federalsburg Road to the point of beginning. (40) Fortieth Representative District. — The 40th Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Dupont Boulevard and Road 432, and proceeding southerly along Road 432 to Road 421, and proceeding southerly along Road 421 to Road 62, and proceeding southerly along Road 62 to Whaleys Road, and proceeding southerly along Whaleys Road to the Delaware/Maryland state line, and proceeding westerly along the Delaware/Maryland state line to nonvisible boundary designated as U.S. Census Tiger Line ID #629486797, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629486797 to nonvisible boundary designated as U.S. Census Tiger Line ID #629486798, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #629486798 to nonvisible boundary designated as U.S. Census Tiger Line ID #614725088, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614725088 to nonvisible boundary designated as U.S. Census Tiger Line ID #614725089, and proceeding northerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614725089 to nonvisible boundary designated as U.S. Census Tiger Line ID #614723564, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #614723564 to shoreline designated as U.S. Census Tiger Line ID #614723557, and proceeding northerly along shoreline designated as U.S. Census Tiger Line ID #614723557 to nonvisible boundary designated as U.S. Census Tiger Line ID #106101875, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106101875 to Road 78, and proceeding easterly along Road 78 to Road 493, and proceeding northerly along Road 493 to Road 470, and proceeding easterly along Road 470 to Camp Road, and proceeding easterly along Camp Road to Road 468, and proceeding northerly along Road 468 to Road 467, and proceeding easterly along Road 467 to Road 28, and proceeding easterly along Road 28 to W. Market Street, and proceeding northerly along W. Market Street to nonvisible boundary designated as U.S. Census Tiger Line ID #620129154, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #620129154 to the Georgetown town line, and proceeding southerly along the Georgetown town line to Little Street, and proceeding southerly along Little Street to Road 469, and proceeding southerly along Road 469 to nonvisible boundary designated as U.S. Census Tiger Line ID #620129106, and proceeding easterly along nonvisible boundary as U.S. Census Tiger Line ID #620129106 to the Georgetown town line, and proceeding southerly along the Georgetown town line to canal/aqueduct designated as U.S. Census Tiger Line ID #620130835, and proceeding easterly along canal/aqueduct designated as U.S. Census Tiger Line ID #620130835 to canal/aqueduct designated as U.S. Census Tiger Line ID #620130834, and proceeding easterly along canal/aqueduct designated as U.S. Census Tiger Line ID #620130834 to Dupont Boulevard, and proceeding southerly along Dupont Boulevard to the point of beginning. (41) Forty-first Representative District. — The 41st Representative District shall comprise: all that portion of Sussex County bounded by a line beginning at the point of intersection of Road 48 and Road 321, and proceeding northerly along Road 321 to Gills Branch, and proceeding easterly along Gills Branch to Road 317, and proceeding southerly along Road 317 to Road 48, and proceeding easterly along Road 48 to Gravell Hill Road, and proceeding southerly along Gravell Hill Road to Road 297, and proceeding easterly along Road 297 to powerline designated as U.S. Census Tiger Line ID #106088890, and proceeding southerly along powerline designated as U.S. Census Tiger Line ID #106088890 to Road 304, and proceeding westerly along Road 304 to William Street Road, and proceeding southerly along William Street Road to John J. Williams Highway, and proceeding easterly along John J. Williams Highway to Road Page 44 Title 29 - State Government 312A, and proceeding easterly along Road 312A to Road 312, and proceeding easterly along Road 312 to the Nanticoke Indian Tribe reservation line, and proceeding southerly along the Nanticoke Indian Tribe reservation line to shoreline designated as U.S. Census Tiger Line ID #630106086, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #630106086 to shoreline designated as U.S. Census Tiger Line ID #630106087, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #630106087 to shoreline designated as U.S. Census Tiger Line ID #630106085, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #630106085 to shoreline designated as U.S. Census Tiger Line ID #630106083, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #630106083 to shoreline designated as U.S. Census Tiger Line ID #630103091, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #630103091 to shoreline designated as U.S. Census Tiger Line ID #630103098, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #630103098 to shoreline designated as U.S. Census Tiger Line ID #630103099, and proceeding easterly along shoreline designated as U.S. Census Tiger Line ID #630103099 to nonvisible boundary designated as U.S. Census Tiger Line ID #630103086, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630103086 to nonvisible boundary designated as U.S. Census Tiger Line ID #630103087, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630103087 to nonvisible boundary designated as U.S. Census Tiger Line ID #106097627, and proceeding easterly along nonvisible boundary designated as U.S. Census Tiger Line ID #106097627 to nonvisible boundary designated as U.S. Census Tiger Line ID #106097630, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106097630 to nonvisible boundary designated as U.S. Census Tiger Line ID #106109470, and proceeding westerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106109470 to nonvisible boundary designated as U.S. Census Tiger Line ID #106109464, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106109464 to nonvisible boundary designated as U.S. Census Tiger Line ID #614725676, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #614725676 to nonvisible boundary designated as U.S. Census Tiger Line ID #630116966, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630116966 to nonvisible boundary designated as U.S. Census Tiger Line ID #630116967, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #630116967 to shoreline designated as U.S. Census Tiger Line ID #106097643, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #106097643 to shoreline designated as U.S. Census Tiger Line ID #106109342, and proceeding southerly along shoreline designated as U.S. Census Tiger Line ID #106109342 to Vines Creek Road, and proceeding westerly along Vines Creek Road to nonvisible boundary designated as U.S. Census Tiger Line ID #106103186, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106103186 to nonvisible boundary designated as U.S. Census Tiger Line ID #106109341, and proceeding southerly along nonvisible boundary designated as U.S. Census Tiger Line ID #106109341 to Vines Creek, and proceeding southerly along Vines Creek to Road 382, and proceeding southerly along Road 382 to Road 392, and proceeding westerly along Road 392 to Roxana Road, and proceeding southerly along Roxana Road to Road 52, and proceeding southerly along Road 52 to Road 386, and proceeding easterly along Road 386 to the Selbyville town line, and proceeding easterly along the Selbyville town line to Road 386, and proceeding southerly along Road 386 to Lighthouse Road, and proceeding westerly along Lighthouse Road to the Selbyville town line, and proceeding southerly along the Selbyville town line to the Delaware/Maryland state line, and proceeding westerly along the Delaware/Maryland state line to Whaleys Road, and proceeding northerly along Whaleys Road to Road 421, and proceeding easterly along Road 421 to Road 432, and proceeding northerly along Road 432 to Dupont Boulevard, and proceeding northerly along Dupont Boulevard to unnamed local road designated as U.S. Census Tiger Line ID #106130633, and proceeding easterly along unnamed local road designated as U.S. Census Tiger Line ID #106130633 to unnamed local road designated as U.S. Census Tiger Line ID #106130632, and proceeding easterly along unnamed local road designated as U.S. Census Tiger Line ID #106130632 to unnamed local road designated as U.S. Census Tiger Line ID #106087227, and proceeding easterly along unnamed local road designated as U.S. Census Tiger Line ID #106087227 to Road 48, and proceeding southerly along Road 48 to the point of beginning. (29 Del. C. 1953, §§ 621, 631, 641, 651; 54 Del. Laws, c. 361; 56 Del. Laws, c. 243; 56 Del. Laws, c. 259, § 1; 56 Del. Laws, c. 279, §§ 1-4; 57 Del. Laws, c. 555, §§ 3-5; 58 Del. Laws, c. 280, §§ 1, 3, 5; 58 Del. Laws, c. 310, §§ 1, 3; 63 Del. Laws, c. 183, § 1; 63 Del. Laws, c. 187, §§ 1-3, 7-25, 38-48; 63 Del. Laws, c. 228, §§ 3-6, 15(a), (b), 16, 17(a)-(d), 18(a), (b), 19-21; 64 Del. Laws, c. 459, §§ 1-3; 68 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 190, § 1; 68 Del. Laws, c. 439, §§ 1-19; 69 Del. Laws, c. 95, §§ 1-3; 73 Del. Laws, c. 243, § 1; 73 Del. Laws, c. 274, § 1; 73 Del. Laws, c. 290, § 1; 78 Del. Laws, c. 105, § 3; 78 Del. Laws, c. 210, § 1.) Subchapter III General Assembly Senate Districts § 831 Boundaries of the General Assembly Senate Districts. First Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of the Wilmington city line and Swarthmore Rd, and proceeding northerly along the Wilmington city line to Concord Pike, and proceeding northwesterly along Concord Pike to I-95, and proceeding northerly along I-95 to Stoney Run, and proceeding southerly along Stoney Run to Carr Rd, and proceeding easterly along Carr Rd to unnamed Local road (TLID:187295908), and proceeding easterly along unnamed Local road (TLID:187295908) to Carr Rd, and proceeding easterly along Carr Rd to Silverside Rd, and proceeding northerly along Silverside Rd to Csx RR, and proceeding northerly along Csx RR to the New Castle county line, and proceeding Page 45 Title 29 - State Government easterly along the New Castle county line to nonvisible boundary (TLID:630667184), and proceeding westerly along nonvisible boundary (TLID:630667184) to the Edgemoor census designated place line, and proceeding westerly along the Edgemoor census designated place line to Governor Printz Blvd, and proceeding westerly along Governor Printz Blvd to nonvisible boundary (TLID:614583406), and proceeding westerly along nonvisible boundary (TLID:614583406) to nonvisible boundary (TLID:614583403), and proceeding westerly along nonvisible boundary (TLID:614583403) to Terra Hill Dr, and proceeding westerly along Terra Hill Dr to Rysing Dr, and proceeding northerly along Rysing Dr to River Rd, and proceeding westerly along River Rd to Brandywine Blvd, and proceeding westerly along Brandywine Blvd to Highland Ct, and proceeding southerly along Highland Ct to unnamed Local road (TLID:187261826), and proceeding westerly along unnamed Local road (TLID:187261826) to unnamed Local road (TLID:187293762), and proceeding westerly along unnamed Local road (TLID:187293762) to Eastview Ln, and proceeding westerly along Eastview Ln to Paladin Dr, and proceeding westerly along Paladin Dr to Lea Blvd Exd, and proceeding westerly along Lea Blvd Exd to E Lea Blvd, and proceeding northerly along E Lea Blvd to N Spruce St, and proceeding easterly along N Spruce St to Shellpot Crk, and proceeding northerly along Shellpot Crk to E Forty-fourth St, and proceeding northerly along E Forty-fourth St to E 44th St, and proceeding northerly along E 44th St to the Wilmington/ Edgemoor city/census designated place line, and proceeding easterly along the Wilmington/Edgemoor city/census designated place line to the Edgemoor census designated place line, and proceeding easterly along the Edgemoor census designated place line to Stone Hall, and proceeding northerly along Stone Hall to Rockwood Rd, and proceeding westerly along Rockwood Rd to the Wilmington city line, and proceeding westerly along the Wilmington city line to Whittier Rd, and proceeding southerly along Whittier Rd to E Matson Run Pkwy, and proceeding southerly along E Matson Run Pkwy to W Lea Blvd, and proceeding westerly along W Lea Blvd to Monroe St, and proceeding westerly along Monroe St to N Monroe St, and proceeding westerly along N Monroe St to W 34th St, and proceeding northerly along W 34th St to N Van Buren St, and proceeding westerly along N Van Buren St to W 28th St, and proceeding southerly along W 28th St to N Monroe St, and proceeding westerly along N Monroe St to W 22nd St, and proceeding southerly along W 22nd St to N Madison St, and proceeding westerly along N Madison St to W 21st St, and proceeding southerly along W 21st St to N Jefferson St, and proceeding westerly along N Jefferson St to W 18th St, and proceeding northerly along W 18th St to Baynard Blvd, and proceeding southerly along Baynard Blvd to nonvisible boundary (TLID:187296339), and proceeding southerly along nonvisible boundary (TLID:187296339) to N Washington St, and proceeding southerly along N Washington St to nonvisible boundary (TLID:628692051), and proceeding northerly along nonvisible boundary (TLID:628692051) to nonvisible boundary (TLID:628692059), and proceeding westerly along nonvisible boundary (TLID:628692059) to shoreline (TLID:187257607), and proceeding westerly along shoreline (TLID:187257607) to N Van Buren St, and proceeding westerly along N Van Buren St to Gilpin Ave, and proceeding northerly along Gilpin Ave to N Franklin St, and proceeding westerly along N Franklin St to unnamed Local road (TLID:187294973), and proceeding southerly along unnamed Local road (TLID:187294973) to N Franklin St, and proceeding southerly along N Franklin St to W 10th St, and proceeding westerly along W 10th St to N Dupont St, and proceeding southerly along N Dupont St to W 8th St, and proceeding westerly along W 8th St to unnamed Local road (TLID:187294901), and proceeding westerly along unnamed Local road (TLID:187294901) to W 8th St, and proceeding westerly along W 8th St to unnamed Local road (TLID:187255178), and proceeding westerly along unnamed Local road (TLID:187255178) to Csx RR, and proceeding westerly along Csx RR to W 6th St, and proceeding westerly along W 6th St to Rodman St, and proceeding southerly along Rodman St to W 5th St, and proceeding westerly along W 5th St to Fordham Rd, and proceeding westerly along Fordham Rd to Redfern Ave, and proceeding northerly along Redfern Ave to Swarthmore Rd, and proceeding westerly along Swarthmore Rd to the point of beginning. Second Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of N Dupont Hwy and Bacon Ave, and proceeding northerly along N Dupont Hwy to the Wilmington Manor census designated place line, and proceeding northerly along the Wilmington Manor census designated place line to the westbound lane of I-295, and proceeding easterly along I-295 to its intersection with a point approximately 700 feet east of the intersection of I-295 and E Hazeldell Ave, the said point being the southeastern terminus of an imaginary line running midway between E Hazel Ave and Karlyn Drive, and proceeding northwesterly along the said imaginary line for a distance of approximately 4,950 feet to its intersection with N Dupont Hwy at a point directly opposite the intersection of N Dupont Hwy and W Hazeldell Ave, and proceeding northerly along N Dupont Hwy to property line (TLID:628692275), and proceeding northerly along property line (TLID:628692275) to N Dupont Hwy, and proceeding northerly along N Dupont Hwy to nonvisible boundary (TLID:187297888), and proceeding northerly along nonvisible boundary (TLID:187297888) to nonvisible boundary (TLID:606256930), and proceeding northerly along nonvisible boundary (TLID:606256930) to nonvisible boundary (TLID:606256931), and proceeding northerly along nonvisible boundary (TLID:606256931) to Rogers Rd, and proceeding northerly along Rogers Rd to S Market St, and proceeding northerly along S Market St to the Wilmington city line, and proceeding westerly along the Wilmington city line to nonvisible boundary (TLID:187269586), and proceeding northerly along nonvisible boundary (TLID:187269586) to nonvisible boundary (TLID:614585252), and proceeding northerly along nonvisible boundary (TLID:614585252) to nonvisible boundary (TLID:614585253), and proceeding easterly along nonvisible boundary (TLID:614585253) to nonvisible boundary (TLID:614585258), and proceeding easterly along nonvisible boundary (TLID:614585258) to nonvisible boundary (TLID:614585259), and proceeding easterly along nonvisible boundary (TLID:614585259) to nonvisible boundary (TLID:187258135), and proceeding easterly along nonvisible boundary (TLID:187258135) to nonvisible boundary (TLID:187288925), and proceeding easterly along nonvisible boundary (TLID:187288925) to E 4th St, and proceeding northerly along E 4th St to Amtrak RR, and proceeding northeasterly along Amtrak RR to E 7th St, and proceeding westerly along E 7th St to the Amtrak Railroad, and proceeding northeasterly along the Amtrak Railroad to the western shoreline of Brandywine Creek, and proceeding northwesterly along the western shoreline Page 46 Title 29 - State Government of Brandywine Creek to a point east southeast of the terminus of E 9th Street, and proceeding in a west northwesterly direction from the said point along an imaginary line to the terminus of E 9th Street, and proceeding in a west northwesterly direction along E 9th Street to N Church Street, and proceeding northerly along N Church St to E 11th St, and proceeding westerly along E 11th St to Clifford Brown Walk, and proceeding northerly along Clifford Brown Walk to E 16th St, and proceeding easterly along E 16th St to nonvisible boundary (TLID:187258970), and proceeding westerly along nonvisible boundary (TLID:187258970) to N Market St, and proceeding southerly along N Market St to N King St, and proceeding southerly along N King St to E 13th St, and proceeding westerly along E 13th St to W 13th St, and proceeding westerly along W 13th St to N Washington St, and proceeding northerly along N Washington St to nonvisible boundary (TLID:187296339), and proceeding northerly along nonvisible boundary (TLID:187296339) to Baynard Blvd, and proceeding northerly along Baynard Blvd to W 18th St, and proceeding southerly along W 18th St to N Jefferson St, and proceeding easterly along N Jefferson St to W 21st St, and proceeding northerly along W 21st St to N Madison St, and proceeding easterly along N Madison St to W 22nd St, and proceeding northerly along W 22nd St to N Monroe St, and proceeding easterly along N Monroe St to W 28th St, and proceeding northerly along W 28th St to N Van Buren St, and proceeding easterly along N Van Buren St to W 34th St, and proceeding southerly along W 34th St to N Monroe St, and proceeding easterly along N Monroe St to Monroe St, and proceeding easterly along Monroe St to W Lea Blvd, and proceeding easterly along W Lea Blvd to E Matson Run Pkwy, and proceeding northerly along E Matson Run Pkwy to Whittier Rd, and proceeding easterly along Whittier Rd to the Wilmington city line, and proceeding easterly along the Wilmington city line to Rockwood Rd, and proceeding easterly along Rockwood Rd to Stone Hall, and proceeding southerly along Stone Hall to the Edgemoor census designated place line, and proceeding westerly along the Edgemoor census designated place line to the Edgemoor/Wilmington census designated place/city line, and proceeding westerly along the Edgemoor/Wilmington census designated place/city line to E 44th St, and proceeding southerly along E 44th St to E Fortyfourth St, and proceeding southerly along E Fortyfourth St to Shellpot Crk, and proceeding southerly along Shellpot Crk to N Spruce St, and proceeding westerly along N Spruce St to E Lea Blvd, and proceeding southerly along E Lea Blvd to Lea Blvd Exd, and proceeding easterly along Lea Blvd Exd to Paladin Dr, and proceeding northerly along Paladin Dr to Eastview Ln, and proceeding northerly along Eastview Ln to unnamed Local road (TLID:187293762), and proceeding easterly along unnamed Local road (TLID:187293762) to unnamed Local road (TLID:187261826), and proceeding easterly along unnamed Local road (TLID:187261826) to Highland Ct, and proceeding northerly along Highland Ct to Brandywine Blvd, and proceeding easterly along Brandywine Blvd to River Rd, and proceeding easterly along River Rd to Rysing Dr, and proceeding easterly along Rysing Dr to Terra Hill Dr, and proceeding easterly along Terra Hill Dr to nonvisible boundary (TLID:614583403), and proceeding easterly along nonvisible boundary (TLID:614583403) to nonvisible boundary (TLID:614583406), and proceeding easterly along nonvisible boundary (TLID:614583406) to Governor Printz Blvd, and proceeding easterly along Governor Printz Blvd to the Edgemoor census designated place line, and proceeding easterly along the Edgemoor census designated place line to nonvisible boundary (TLID:630667184), and proceeding easterly along nonvisible boundary (TLID:630667184) to the New Castle county line, and proceeding southerly along the New Castle county line to nonvisible boundary (TLID:630667157), and proceeding northerly along nonvisible boundary (TLID:630667157) to nonvisible boundary (TLID:630667156), and proceeding northerly along nonvisible boundary (TLID:630667156) to nonvisible boundary (TLID:187291271), and proceeding northerly along nonvisible boundary (TLID:187291271) to nonvisible boundary (TLID:187270735), and proceeding southerly along nonvisible boundary (TLID:187270735) to the New Castle city line, and proceeding northerly along the New Castle city line to Broad Dyke Ditch, and proceeding northerly along Broad Dyke Ditch to Wilmington Rd, and proceeding northerly along Wilmington Rd to E 6th St, and proceeding northerly along E 6th St to Wilmington Rd, and proceeding northerly along Wilmington Rd to nonvisible boundary (TLID:187295535), and proceeding westerly along nonvisible boundary (TLID:187295535) to Moore Ave, and proceeding westerly along Moore Ave to 14th St, and proceeding westerly along 14th St to New Amstel Ave, and proceeding southerly along New Amstel Ave to Van Dyke Dr, and proceeding westerly along Van Dyke Dr to nonvisible boundary (TLID:187291356), and proceeding southerly along nonvisible boundary (TLID:187291356) to Broad Dyke Ditch, and proceeding easterly along Broad Dyke Ditch to Conrail RR, and proceeding southerly along Conrail RR to Delaware St, and proceeding westerly along Delaware St to Conrail RR, and proceeding northerly along Conrail RR to the New Castle city line, and proceeding northerly along the New Castle city line to Conrail RR, and proceeding northerly along Conrail RR to the New Castle city line, and proceeding northerly along the New Castle city line to the Wilmington Manor census designated place line, and proceeding northerly along the Wilmington Manor census designated place line to Boulden Blvd, and proceeding westerly along Boulden Blvd to Bacon Ave, and proceeding westerly along Bacon Ave to the point of beginning. Third Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of Amtrak RR and nonvisible boundary (TLID:187291290), and proceeding easterly along Amtrak RR to the Newport town line, and proceeding easterly along the Newport town line to Amtrak RR, and proceeding easterly along Amtrak RR to nonvisible boundary (TLID:628691364), and proceeding northerly along nonvisible boundary (TLID:628691364) to property line (TLID:628985335), and proceeding northerly along property line (TLID:628985335) to property line (TLID:628985319), and proceeding northerly along property line (TLID:628985319) to property line (TLID:628691345), and proceeding northerly along property line (TLID:628691345) to property line (TLID:628691334), and proceeding northerly along property line (TLID:628691334) to nonvisible boundary (TLID:628692205), and proceeding westerly along nonvisible boundary (TLID:628692205) to Newport Pike, and proceeding easterly along Newport Pike to E Newport Pike, and proceeding easterly along E Newport Pike to Newport Pike, and proceeding easterly along Newport Pike to E Newport Pike, and proceeding easterly along E Newport Pike to S Maryland Ave, and proceeding easterly along S Maryland Ave to Maryland Ave, and proceeding easterly along Maryland Ave to S Maryland Ave, and proceeding easterly along S Maryland Ave to Maryland Ave, Page 47 Title 29 - State Government and proceeding easterly along Maryland Ave to N Maryland Ave, and proceeding northerly along N Maryland Ave to Maryland Ave, and proceeding easterly along Maryland Ave to N Maryland Ave, and proceeding easterly along N Maryland Ave to Maryland Ave, and proceeding easterly along Maryland Ave to Csx RR, and proceeding northerly along Csx RR to the Elsmere/Wilmington town/city line, and proceeding westerly along the Elsmere/Wilmington town/city line to the Elsmere town line, and proceeding westerly along the Elsmere town line to S Dupont Rd, and proceeding northerly along S Dupont Rd to Faulkland Rd, and proceeding westerly along Faulkland Rd to unnamed Local road (TLID:606266430), and proceeding northerly along unnamed Local road (TLID:606266430) to unnamed Local road (TLID:606266429), and proceeding northerly along unnamed Local road (TLID:606266429) to Chestnut Run, and proceeding northerly along Chestnut Run to Lancaster Pike, and proceeding easterly along Lancaster Pike to Chestnut Run Ln, and proceeding northerly along Chestnut Run Ln to Lancaster Pike, and proceeding easterly along Lancaster Pike to the Wilmington city line, and proceeding northerly along the Wilmington city line to Swarthmore Rd, and proceeding easterly along Swarthmore Rd to Redfern Ave, and proceeding southerly along Redfern Ave to Fordham Rd, and proceeding easterly along Fordham Rd to W 5th St, and proceeding easterly along W 5th St to Rodman St, and proceeding northerly along Rodman St to W 6th St, and proceeding easterly along W 6th St to Csx RR, and proceeding easterly along Csx RR to unnamed Local road (TLID:187255178), and proceeding easterly along unnamed Local road (TLID:187255178) to W 8th St, and proceeding easterly along W 8th St to unnamed Local road (TLID:187294901), and proceeding easterly along unnamed Local road (TLID:187294901) to W 8th St, and proceeding easterly along W 8th St to N Dupont St, and proceeding northerly along N Dupont St to W 10th St, and proceeding easterly along W 10th St to N Franklin St, and proceeding northerly along N Franklin St to unnamed Local road (TLID:187294973), and proceeding northerly along unnamed Local road (TLID:187294973) to N Franklin St, and proceeding northerly along N Franklin St to Gilpin Ave, and proceeding southerly along Gilpin Ave to N Van Buren St, and proceeding easterly along N Van Buren St to shoreline (TLID:187257607), and proceeding easterly along shoreline (TLID:187257607) to nonvisible boundary (TLID:628692059), and proceeding easterly along nonvisible boundary (TLID:628692059) to nonvisible boundary (TLID:628692051), and proceeding southerly along nonvisible boundary (TLID:628692051) to N Washington St, and proceeding southerly along N Washington St to W 13th St, and proceeding easterly along W 13th St to E 13th St, and proceeding easterly along E 13th St to N King St, and proceeding northerly along N King St to N Market St, and proceeding northerly along N Market St to nonvisible boundary (TLID:187258970), and proceeding easterly along nonvisible boundary (TLID:187258970) to E 16th St, and proceeding westerly along E 16th St to Clifford Brown Walk, and proceeding southerly along Clifford Brown Walk to E 11th St, and proceeding easterly along E 11th St to N Church St, and proceeding southerly along N Church St to E 9th Street, and proceeding east southeasterly along E 9th Street to its terminus, and proceeding from the said terminus of E 9th Street along an imaginary line to a point on the west shoreline of Brandywine Creek east southeast of the terminus of E 9th Street, and proceeding southeasterly along the shoreline of Brandywine Creek to the Amtrak Railroad and proceeding southwest along the Amtrak Railroad to E 7th St, and proceeding easterly along E 7th St to Amtrak RR, and proceeding southwesterly along Amtrak RR to E 4th St, and proceeding southerly along E 4th St to nonvisible boundary (TLID:187288925), and proceeding westerly along nonvisible boundary (TLID:187288925) to nonvisible boundary (TLID:187258135), and proceeding westerly along nonvisible boundary (TLID:187258135) to nonvisible boundary (TLID:614585259), and proceeding westerly along nonvisible boundary (TLID:614585259) to nonvisible boundary (TLID:614585258), and proceeding westerly along nonvisible boundary (TLID:614585258) to nonvisible boundary (TLID:614585253), and proceeding westerly along nonvisible boundary (TLID:614585253) to nonvisible boundary (TLID:614585252), and proceeding southerly along nonvisible boundary (TLID:614585252) to nonvisible boundary (TLID:187269586), and proceeding southerly along nonvisible boundary (TLID:187269586) to the Wilmington city line, and proceeding northerly along the Wilmington city line to nonvisible boundary (TLID:616924019), and proceeding southerly along nonvisible boundary (TLID:616924019) to nonvisible boundary (TLID:616924016), and proceeding southerly along nonvisible boundary (TLID:616924016) to nonvisible boundary (TLID:616923829), and proceeding southerly along nonvisible boundary (TLID:616923829) to nonvisible boundary (TLID:616923835), and proceeding southerly along nonvisible boundary (TLID:616923835) to nonvisible boundary (TLID:616923836), and proceeding southerly along nonvisible boundary (TLID:616923836) to nonvisible boundary (TLID:616923851), and proceeding westerly along nonvisible boundary (TLID:616923851) to nonvisible boundary (TLID:616923864), and proceeding westerly along nonvisible boundary (TLID:616923864) to nonvisible boundary (TLID:616923889), and proceeding westerly along nonvisible boundary (TLID:616923889) to Conrail RR, and proceeding northerly along Conrail RR to nonvisible boundary (TLID:187298239), and proceeding westerly along nonvisible boundary (TLID:187298239) to nonvisible boundary (TLID:187298238), and proceeding westerly along nonvisible boundary (TLID:187298238) to I-95, and proceeding southerly along I-95 to nonvisible boundary (TLID:616923907), and proceeding westerly along nonvisible boundary (TLID:616923907) to nonvisible boundary (TLID:616923905), and proceeding westerly along nonvisible boundary (TLID:616923905) to nonvisible boundary (TLID:616923646), and proceeding southerly along nonvisible boundary (TLID:616923646) to nonvisible boundary (TLID:616923614), and proceeding westerly along nonvisible boundary (TLID:616923614) to nonvisible boundary (TLID:629548620), and proceeding westerly along nonvisible boundary (TLID:629548620) to nonvisible boundary (TLID:614583825), and proceeding westerly along nonvisible boundary (TLID:614583825) to nonvisible boundary (TLID:614583824), and proceeding westerly along nonvisible boundary (TLID:614583824) to the Newport town line, and proceeding northerly along the Newport town line to shoreline (TLID:187291292), and proceeding westerly along shoreline (TLID:187291292) to nonvisible boundary (TLID:187291293), and proceeding northerly along nonvisible boundary (TLID:187291293) to nonvisible boundary (TLID:187291290), and proceeding northerly along nonvisible boundary (TLID:187291290) to the point of beginning. Page 48 Title 29 - State Government Fourth Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of the North Star/Pike Creek census designated place line and the Pike Creek census designated place line, and proceeding northerly along the North Star/Pike Creek census designated place line to Paper Mill Rd, and proceeding easterly along Paper Mill Rd to Limestone Rd, and proceeding northerly along Limestone Rd to Brackenville Rd, and proceeding westerly along Brackenville Rd to Little Baltimore Rd, and proceeding westerly along Little Baltimore Rd to Valley Rd, and proceeding northerly along Valley Rd to Mill Crk, and proceeding northerly along Mill Crk to Mill Creek Br, and proceeding northerly along Mill Creek Br to nonvisible boundary (TLID:628692791), and proceeding northerly along nonvisible boundary (TLID:628692791) to Mill Creek Br, and proceeding northerly along Mill Creek Br to property line (TLID:628691533), and proceeding northerly along property line (TLID:628691533) to nonvisible boundary (TLID:628691531), and proceeding northerly along nonvisible boundary (TLID:628691531) to Benge Rd, and proceeding easterly along Benge Rd to the Hockessin census designated place line, and proceeding easterly along the Hockessin census designated place line to nonvisible boundary (TLID:628863116), and proceeding northerly along nonvisible boundary (TLID:628863116) to nonvisible boundary (TLID:187291191), and proceeding northerly along nonvisible boundary (TLID:187291191) to Snuff Mill Rd, and proceeding easterly along Snuff Mill Rd to Nine Gates Rd, and proceeding northerly along Nine Gates Rd to the New Castle county line, and proceeding easterly along the New Castle county line to Concord Pike, and proceeding southerly along Concord Pike to Median Dr, and proceeding easterly along Median Dr to Carr Ave, and proceeding southerly along Carr Ave to Alders Dr, and proceeding easterly along Alders Dr to Allendale Rd, and proceeding southerly along Allendale Rd to Parkside Dr, and proceeding southerly along Parkside Dr to S Hilton Rd, and proceeding southerly along S Hilton Rd to Pinehurst Rd, and proceeding westerly along Pinehurst Rd to Julian Rd, and proceeding southerly along Julian Rd to Fairfax Blvd, and proceeding easterly along Fairfax Blvd to Foulk Rd, and proceeding southerly along Foulk Rd to Murphy Rd, and proceeding westerly along Murphy Rd to Powder Mill Rd, and proceeding westerly along Powder Mill Rd to Concord Pike, and proceeding southerly along Concord Pike to the Wilmington city line, and proceeding westerly along the Wilmington city line to Lancaster Pike, and proceeding westerly along Lancaster Pike to Chestnut Run Ln, and proceeding southerly along Chestnut Run Ln to Lancaster Pike, and proceeding westerly along Lancaster Pike to Centre Rd, and proceeding northerly along Centre Rd to Lancaster Pike, and proceeding westerly along Lancaster Pike to the Hockessin census designated place line, and proceeding southerly along the Hockessin census designated place line to Lancaster Pike, and proceeding westerly along Lancaster Pike to Loveville Rd, and proceeding southerly along Loveville Rd to the Hockessin census designated place line, and proceeding southerly along the Hockessin census designated place line to Loveville Rd, and proceeding southerly along Loveville Rd to McKennans Church Rd, and proceeding southerly along McKennans Church Rd to Millcreek Rd, and proceeding westerly along Millcreek Rd to Stoney Batter Rd, and proceeding southerly along Stoney Batter Rd to the Pike Creek census designated place line, and proceeding southerly along the Pike Creek census designated place line to Mill Crk, and proceeding southerly along Mill Crk to Limestone Rd, and proceeding westerly along Limestone Rd to Old Linden Hill Rd, and proceeding westerly along Old Linden Hill Rd to the place line, and proceeding southerly along the place line to New Linden Hill Rd, and proceeding southerly along New Linden Hill Rd to the place line, and proceeding westerly along the place line to New Linden Hill Rd, and proceeding westerly along New Linden Hill Rd to the place line, and proceeding northerly along the place line to the Pike Creek census designated place line, and proceeding northerly along the Pike Creek census designated place line to the point of beginning. Fifth Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of Concord Pike and unnamed Ramp (TLID:617264622), and proceeding northerly along Concord Pike to the New Castle county line, and proceeding easterly along the New Castle county line to Csx RR, and proceeding southerly along Csx RR to Silverside Rd, and proceeding southerly along Silverside Rd to Carr Rd, and proceeding westerly along Carr Rd to unnamed Local road (TLID:187295908), and proceeding westerly along unnamed Local road (TLID:187295908) to Carr Rd, and proceeding westerly along Carr Rd to Stoney Run, and proceeding northerly along Stoney Run to I-95, and proceeding southerly along I-95 to Concord Pike, and proceeding northerly along Concord Pike to Powder Mill Rd, and proceeding easterly along Powder Mill Rd to Murphy Rd, and proceeding easterly along Murphy Rd to Foulk Rd, and proceeding northerly along Foulk Rd to Fairfax Blvd, and proceeding westerly along Fairfax Blvd to Julian Rd, and proceeding northerly along Julian Rd to Pinehurst Rd, and proceeding easterly along Pinehurst Rd to S Hilton Rd, and proceeding northerly along S Hilton Rd to Parkside Dr, and proceeding westerly along Parkside Dr to Allendale Rd, and proceeding northerly along Allendale Rd to Alders Dr, and proceeding westerly along Alders Dr to Carr Ave, and proceeding northerly along Carr Ave to Median Dr, and proceeding westerly along Median Dr to Concord Pike, and proceeding northerly along Concord Pike to the point of beginning. Sixth Senate District. — All of that portion of Sussex County bounded and described as follows: Beginning at the point of intersection of County Road 319 (Sand Hill Road) and U.S. Route 9 (also known as Delaware Route 404, and known at that point in its course as Lewes-Georgetown Highway), and proceeding northerly and then easterly along Sand Hill Road to Delaware Route 30 (known at that point in its course as Gravel Hill Road), and proceeding northerly along Delaware Route 30 to Ingram Branch (TLID:106080963), and proceeding northeasterly along Ingram Branch to County Road 231 (Reynolds Pond Road), and proceeding easterly along County Road 231 to Delaware Route 5 (also known at that point in its course at Union Street Extended), and proceeding southerly along Delaware Route 5 to County Road 235A (also known as Williams Farm Road), and proceeding easterly along County Road 235A to County Road 233 (also known as Reynolds Road), and proceeding northerly along County Road 233 to County Road 235 (also known as Zion Church Road), and proceeding easterly along County Road 235 to Delaware Route 16 (also known at that point in its course as Broadkill Road), and proceeding easterly along Delaware Route 16 to Delaware Route 1 (known at that point in its course as Coastal Highway), and Page 49 Title 29 - State Government proceeding southeasterly along Delaware Route 1 to the center line of the Broadkill River, and proceeding southeasterly along the center line of the Broadkill River to its intersection with the Lewes City Limits at the northern end of the Beach Plum Island Nature Preserve and thence across the said Lewes City Boundary Line to the waters of the Delaware Bay, and thence extending easterly across the waters of the Delaware Bay to Delaware’s territorial boundary line, and proceeding in a southeasterly direction with Delaware’s territorial boundary line to a point due east of the center line of the Indian River Inlet, and proceeding westward through the Indian River Inlet to the center line of Indian River Bay, and proceeding westerly along the center line of Indian River Bay to its intersection with the center line of a channel connecting Indian River Bay with Rehoboth Bay, and proceeding northerly along the center line of said channel between Burton’s Island (a part of Delaware Seashore State Park) on the east and the eastern end of Long Neck at Massey’s Landing on the west, across the center line of a small island known as Middle Island, and into the waters of Rehoboth Bay, and thence with the center line of Rehoboth Bay to its intersection with the center line of Herring Creek, and proceeding northwesterly along the center line of Herring Creek to its intersection with the center line of Hopkins Prong of Herring Creek, and proceeding northwesterly along the center line of Hopkins Prong to the center line of Unity Branch, and proceeding westerly along the center line of Unity Branch to Delaware Route 5 (known at that point in its course as Indian Mission Road, and becoming farther along in its course Harbeson Road), and proceeding northerly along Delaware Route 5 to U.S. Route 9 (also known as Delaware Route 404 and, at that point in its course, Lewes-Georgetown Highway), and proceeding westerly along U.S. Route 9 to Delaware Route 30 (known at that point in its course as Gravel Hill Road), and proceeding northerly along Delaware Route 30 to a nonvisible census block boundary line incorporating Tiger Line segments 630739980, 630739984, 630739981 and 630739975, and proceeding westerly along the said census block boundary line to its intersection with the center line of Ingram Branch, and proceeding northerly along the center line of Ingram Branch to its intersection with Dutton Ditch, and proceeding westerly along Dutton Ditch to the point of beginning. Seventh Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of the Pike Creek census designated place line and Mill Crk, and proceeding northerly along the Pike Creek census designated place line to Stoney Batter Rd, and proceeding northerly along Stoney Batter Rd to Millcreek Rd, and proceeding easterly along Millcreek Rd to McKennans Church Rd, and proceeding northerly along McKennans Church Rd to Loveville Rd, and proceeding northerly along Loveville Rd to the Hockessin census designated place line, and proceeding northerly along the Hockessin census designated place line to Loveville Rd, and proceeding northerly along Loveville Rd to Lancaster Pike, and proceeding easterly along Lancaster Pike to the Hockessin census designated place line, and proceeding easterly along the Hockessin census designated place line to Lancaster Pike, and proceeding easterly along Lancaster Pike to Centre Rd, and proceeding southerly along Centre Rd to Lancaster Pike, and proceeding easterly along Lancaster Pike to Chestnut Run, and proceeding southerly along Chestnut Run to unnamed Local road (TLID:606266429), and proceeding southerly along unnamed Local road (TLID:606266429) to unnamed Local road (TLID:606266430), and proceeding southerly along unnamed Local road (TLID:606266430) to Faulkland Rd, and proceeding easterly along Faulkland Rd to S Dupont Rd, and proceeding southerly along S Dupont Rd to the Elsmere town line, and proceeding easterly along the Elsmere town line to the Wilmington/Elsmere city/town line, and proceeding southerly along the Wilmington/Elsmere city/town line to Csx RR, and proceeding southerly along Csx RR to Maryland Ave, and proceeding westerly along Maryland Ave to N Maryland Ave, and proceeding westerly along N Maryland Ave to Maryland Ave, and proceeding westerly along Maryland Ave to N Maryland Ave, and proceeding southerly along N Maryland Ave to Maryland Ave, and proceeding westerly along Maryland Ave to S Maryland Ave, and proceeding westerly along S Maryland Ave to Maryland Ave, and proceeding westerly along Maryland Ave to S Maryland Ave, and proceeding westerly along S Maryland Ave to E Newport Pike, and proceeding westerly along E Newport Pike to Newport Pike, and proceeding westerly along Newport Pike to E Newport Pike, and proceeding westerly along E Newport Pike to Newport Pike, and proceeding westerly along Newport Pike to nonvisible boundary (TLID:628692205), and proceeding easterly along nonvisible boundary (TLID:628692205) to property line (TLID:628691334), and proceeding southerly along property line (TLID:628691334) to property line (TLID:628691345), and proceeding southerly along property line (TLID:628691345) to property line (TLID:628985319), and proceeding southerly along property line (TLID:628985319) to property line (TLID:628985335), and proceeding southerly along property line (TLID:628985335) to nonvisible boundary (TLID:628691364), and proceeding southerly along nonvisible boundary (TLID:628691364) to Amtrak RR, and proceeding westerly along Amtrak RR to the Newport town line, and proceeding westerly along the Newport town line to Amtrak RR, and proceeding westerly along Amtrak RR to nonvisible boundary (TLID:187291290), and proceeding southerly along nonvisible boundary (TLID:187291290) to nonvisible boundary (TLID:187291293), and proceeding southerly along nonvisible boundary (TLID:187291293) to nonvisible boundary (TLID:187291296), and proceeding southerly along nonvisible boundary (TLID:187291296) to the Newport town line, and proceeding westerly along the Newport town line to S James St, and proceeding northerly along S James St to N James St, and proceeding northerly along N James St to nonvisible boundary (TLID:187296732), and proceeding northerly along nonvisible boundary (TLID:187296732) to unnamed Ramp (TLID:187297638), and proceeding northerly along unnamed Ramp (TLID:187297638) to State Rd 141, and proceeding northerly along State Rd 141 to unnamed Ramp (TLID:187300481), and proceeding northerly along unnamed Ramp (TLID:187300481) to nonvisible boundary (TLID:187300482), and proceeding southerly along nonvisible boundary (TLID:187300482) to Kiamensi Rd, and proceeding westerly along Kiamensi Rd to unnamed Local road (TLID:187295951), and proceeding westerly along unnamed Local road (TLID:187295951) to Kiamensi Rd, and proceeding westerly along Kiamensi Rd to unnamed Local road (TLID:187295950), and proceeding westerly along unnamed Local road (TLID:187295950) to Kiamensi Rd, and proceeding westerly along Kiamensi Rd to Red Clay Crk, and proceeding southerly along Red Clay Crk to Main St, and proceeding westerly along Main Page 50 Title 29 - State Government St to Limestone Rd, and proceeding northerly along Limestone Rd to Mill Crk, and proceeding northerly along Mill Crk to the point of beginning. Eighth Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of the New Castle county line and Amtrak RR, and proceeding northerly along the New Castle county line to Nine Gates Rd, and proceeding southerly along Nine Gates Rd to Snuff Mill Rd, and proceeding westerly along Snuff Mill Rd to nonvisible boundary (TLID:187291191), and proceeding southerly along nonvisible boundary (TLID:187291191) to nonvisible boundary (TLID:628863116), and proceeding southerly along nonvisible boundary (TLID:628863116) to the Hockessin census designated place line, and proceeding westerly along the Hockessin census designated place line to Benge Rd, and proceeding southerly along Benge Rd to nonvisible boundary (TLID:628691531), and proceeding southerly along nonvisible boundary (TLID:628691531) to property line (TLID:628691533), and proceeding southerly along property line (TLID:628691533) to Mill Creek Br, and proceeding southerly along Mill Creek Br to nonvisible boundary (TLID:628692791), and proceeding southerly along nonvisible boundary (TLID:628692791) to Mill Creek Br, and proceeding southerly along Mill Creek Br to Mill Crk, and proceeding southerly along Mill Crk to Valley Rd, and proceeding southerly along Valley Rd to Little Baltimore Rd, and proceeding easterly along Little Baltimore Rd to Brackenville Rd, and proceeding easterly along Brackenville Rd to Limestone Rd, and proceeding southerly along Limestone Rd to Paper Mill Rd, and proceeding westerly along Paper Mill Rd to the Pike Creek/North Star census designated place line, and proceeding westerly along the Pike Creek/North Star census designated place line to the Pike Creek census designated place line, and proceeding easterly along the Pike Creek census designated place line to the place line, and proceeding southerly along the place line to Fox Den Rd, and proceeding westerly along Fox Den Rd to Middle Run Strm, and proceeding southerly along Middle Run Strm to Middle Run, and proceeding southerly along Middle Run to Possum Park Rd, and proceeding southerly along Possum Park Rd to Capitol Trl, and proceeding westerly along Capitol Trl to Ogletown Rd, and proceeding westerly along Ogletown Rd to Library Ave, and proceeding southerly along Library Ave to S Chapel St, and proceeding southerly along S Chapel St to the Newark city line, and proceeding southerly along the Newark city line to the Brookside census designated place line, and proceeding southerly along the Brookside census designated place line to E Chestnut Hill Rd, and proceeding westerly along E Chestnut Hill Rd to S College Ave, and proceeding southerly along S College Ave to E Chestnut Hill Rd, and proceeding westerly along E Chestnut Hill Rd to S College Ave, and proceeding northerly along S College Ave to Christina Pkwy W, and proceeding westerly along Christina Pkwy W to Amtrak RR, and proceeding westerly along Amtrak RR to the point of beginning. Ninth Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of Library Ave and White Clay Cr Br, and proceeding northerly along Library Ave to Ogletown Rd, and proceeding easterly along Ogletown Rd to Capitol Trl, and proceeding northerly along Capitol Trl to Possum Park Rd, and proceeding northerly along Possum Park Rd to Middle Run, and proceeding northerly along Middle Run to Middle Run Strm, and proceeding northerly along Middle Run Strm to Fox Den Rd, and proceeding easterly along Fox Den Rd to the place line, and proceeding southerly along the place line to New Linden Hill Rd, and proceeding easterly along New Linden Hill Rd to the place line, and proceeding easterly along the place line to New Linden Hill Rd, and proceeding easterly along New Linden Hill Rd to the place line, and proceeding northerly along the place line to Old Linden Hill Rd, and proceeding easterly along Old Linden Hill Rd to Limestone Rd, and proceeding easterly along Limestone Rd to Main St, and proceeding easterly along Main St to Red Clay Crk, and proceeding northerly along Red Clay Crk to Kiamensi Rd, and proceeding easterly along Kiamensi Rd to unnamed Local road (TLID:187295950), and proceeding easterly along unnamed Local road (TLID:187295950) to Kiamensi Rd, and proceeding easterly along Kiamensi Rd to unnamed Local road (TLID:187295951), and proceeding easterly along unnamed Local road (TLID:187295951) to Kiamensi Rd, and proceeding easterly along Kiamensi Rd to nonvisible boundary (TLID:187300482), and proceeding northerly along nonvisible boundary (TLID:187300482) to unnamed Ramp (TLID:187300481), and proceeding southerly along unnamed Ramp (TLID:187300481) to State Rd 141, and proceeding southerly along State Rd 141 to unnamed Ramp (TLID:187297638), and proceeding southerly along unnamed Ramp (TLID:187297638) to nonvisible boundary (TLID:187296732), and proceeding southerly along nonvisible boundary (TLID:187296732) to N James St, and proceeding southerly along N James St to S James St, and proceeding southerly along S James St to the Newport town line, and proceeding westerly along the Newport town line to nonvisible boundary (TLID:616922805), and proceeding southerly along nonvisible boundary (TLID:616922805) to nonvisible boundary (TLID:630742162), and proceeding southerly along nonvisible boundary (TLID:630742162) to nonvisible boundary (TLID:630742161), and proceeding southerly along nonvisible boundary (TLID:630742161) to nonvisible boundary (TLID:630742152), and proceeding westerly along nonvisible boundary (TLID:630742152) to Christina River, and proceeding southerly along Christina River to E Main St, and proceeding westerly along E Main St to W Main St, and proceeding westerly along W Main St to Christiana Rd, and proceeding westerly along Christiana Rd to I-95, and proceeding westerly along I-95 to Christina Cr Br, and proceeding northerly along Christina Cr Br to Stature Dr, and proceeding westerly along Stature Dr to Sonant Dr, and proceeding northerly along Sonant Dr to S Brownleaf Rd, and proceeding westerly along S Brownleaf Rd to W Regal Blvd, and proceeding northerly along W Regal Blvd to Robert Oakes Dr, and proceeding northerly along Robert Oakes Dr to Elm Dr, and proceeding westerly along Elm Dr to the Brookside census designated place line, and proceeding northerly along the Brookside census designated place line to nonvisible boundary (TLID:605449618), and proceeding northerly along nonvisible boundary (TLID:605449618) to Ogletown Rd, and proceeding westerly along Ogletown Rd to Augusta Dr, and proceeding southerly along Augusta Dr to Old Ogletown Rd, and proceeding westerly along Old Ogletown Rd to Ogletown Rd, and proceeding westerly along Ogletown Rd to the center line of a tributary of White Clay Creek known as Cool Run, and proceeding westerly along the center line of the said White Clay Creek tributary to Hobart Dr, and proceeding southerly along Hobart Dr to Old Newark Rd, and proceeding westerly along Old Newark Rd to the Brookside/Newark census Page 51 Title 29 - State Government designated place/city line, and proceeding westerly along the Brookside/Newark census designated place/city line to White Clay Cr Br, and proceeding westerly along White Clay Cr Br to the point of beginning. Tenth Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of Amtrak RR and the New Castle county line, and proceeding northerly along Amtrak RR to Christina Pkwy W, and proceeding easterly along Christina Pkwy W to S College Ave, and proceeding southerly along S College Ave to E Chestnut Hill Rd, and proceeding easterly along E Chestnut Hill Rd to S College Ave, and proceeding northerly along S College Ave to E Chestnut Hill Rd, and proceeding easterly along E Chestnut Hill Rd to the Brookside census designated place line, and proceeding southerly along the Brookside census designated place line to the Newark city line, and proceeding westerly along the Newark city line to S Chapel St, and proceeding southerly along S Chapel St to Chapel St Exd, and proceeding southerly along Chapel St Exd to Sunset Lake Rd, and proceeding southerly along Sunset Lake Rd to Wrangle Hill Rd, and proceeding southerly along Wrangle Hill Rd to Pulaski Hwy, and proceeding westerly along Pulaski Hwy to Wrangle Hill Rd, and proceeding northerly along Wrangle Hill Rd to the eastbound lane of Pulaski Hwy, and proceeding westerly along Pulaski Hwy to Glasgow Ave, and proceeding southerly along Glasgow Ave to the Glasgow census designated place line, and proceeding southerly along the Glasgow census designated place line to Summit Bridge Rd, and proceeding southerly along Summit Bridge Rd to Red Lion Rd, and proceeding easterly along Red Lion Rd to Summit Bridge Rd, and proceeding southerly along Summit Bridge Rd to Red Lion Rd, and proceeding westerly along Red Lion Rd to Summit Bridge Rd, and proceeding southerly along Summit Bridge Rd to shoreline (TLID:187297121), and proceeding easterly along shoreline (TLID:187297121) to Summit Bridge Rd, and proceeding northerly along Summit Bridge Rd to nonvisible boundary (TLID:187251073), and proceeding easterly along nonvisible boundary (TLID:187251073) to nonvisible boundary (TLID:187288635), and proceeding easterly along nonvisible boundary (TLID:187288635) to nonvisible boundary (TLID:187288636), and proceeding easterly along nonvisible boundary (TLID:187288636) to nonvisible boundary (TLID:614584977), and proceeding easterly along nonvisible boundary (TLID:614584977) to nonvisible boundary (TLID:614584978), and proceeding easterly along nonvisible boundary (TLID:614584978) to Conrail RR, and proceeding southerly along Conrail RR to shoreline (TLID:187250938), and proceeding easterly along shoreline (TLID:187250938) to shoreline (TLID:187250890), and proceeding easterly along shoreline (TLID:187250890) to Joy Run, and proceeding southerly along Joy Run to Lorewood Grove Rd, and proceeding easterly along Lorewood Grove Rd to Ratledge Rd, and proceeding southerly along Ratledge Rd to Boyds Corner Rd, and proceeding easterly along Boyds Corner Rd to Cedar Lane Rd, and proceeding southerly along Cedar Lane Rd to stream/river (TLID:614584086), and proceeding easterly along stream/river (TLID:614584086) to stream/river (TLID:614584085), and proceeding southerly along stream/river (TLID:614584085) to stream/river (TLID:614584082), and proceeding southerly along stream/ river (TLID:614584082) to shoreline (TLID:187248888), and proceeding easterly along shoreline (TLID:187248888) to Drawyer Crk, and proceeding southerly along Drawyer Crk to the northbound lane of State Rd 1, and proceeding southwesterly to Middletown Odessa Rd, and proceeding westerly along Middletown Odessa Rd to the Middletown town line, and proceeding westerly along the Middletown town line to Middletown Odessa Rd, and proceeding westerly along Middletown Odessa Rd to the Middletown town line, and proceeding westerly along the Middletown town line to Middletown Odessa Rd, and proceeding westerly along Middletown Odessa Rd to E Main St, and proceeding westerly along E Main St to Silver Lake Rd, and proceeding southerly along Silver Lake Rd to the Middletown town line, and proceeding southerly along the Middletown town line to Silver Lake Rd, and proceeding southerly along Silver Lake Rd to stream/ river (TLID:187248950), and proceeding westerly along stream/river (TLID:187248950) to nonvisible boundary (TLID:187249448), and proceeding westerly along nonvisible boundary (TLID:187249448) to the Middletown town line, and proceeding westerly along the Middletown town line to nonvisible boundary (TLID:187288728), and proceeding westerly along nonvisible boundary (TLID:187288728) to the Middletown town line, and proceeding westerly along the Middletown town line to St Annes Church Rd, and proceeding westerly along St Annes Church Rd to Conrail RR, and proceeding northerly along Conrail RR to W Main St, and proceeding westerly along W Main St to Summit Bridge Rd, and proceeding northerly along Summit Bridge Rd to the Middletown town line, and proceeding northerly along the Middletown town line to Summit Bridge Rd, and proceeding northerly along Summit Bridge Rd to the Middletown town line, and proceeding northerly along the Middletown town line to Summit Bridge Rd, and proceeding northerly along Summit Bridge Rd to Armstrong Corner Rd, and proceeding westerly along Armstrong Corner Rd to nonvisible boundary (TLID:606158998), and proceeding westerly along nonvisible boundary (TLID:606158998) to unnamed Local road (TLID:187249074), and proceeding westerly along unnamed Local road (TLID:187249074) to Bohemia Mill Rd, and proceeding westerly along Bohemia Mill Rd to the New Castle county line, and proceeding northerly along the New Castle county line to the point of beginning. Eleventh Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of White Clay Cr Br and Library Ave, and proceeding easterly along White Clay Cr Br to the Newark/Brookside city/census designated place line, and proceeding easterly along the Newark/Brookside city/census designated place line to Old Newark Rd, and proceeding easterly along Old Newark Rd to Hobart Dr, and proceeding northerly along Hobart Dr to the center line of a tributary of White Clay Creek known as Cool Run, and proceeding easterly along the center line of the said tributary of White Clay Creek to Ogletown Rd, and proceeding easterly along Ogletown Rd to Old Ogletown Rd, and proceeding easterly along Old Ogletown Rd to Augusta Dr, and proceeding northerly along Augusta Dr to Ogletown Rd, and proceeding easterly along Ogletown Rd to nonvisible boundary (TLID:605449618), and proceeding southerly along nonvisible boundary (TLID:605449618) to the Brookside census designated place line, and proceeding southerly along the Brookside census designated place line to Elm Dr, and proceeding easterly along Elm Dr to Robert Oakes Dr, and proceeding southerly along Robert Oakes Dr to W Regal Blvd, and proceeding southerly along W Regal Blvd to S Brownleaf Rd, and proceeding easterly along S Brownleaf Rd to Sonant Dr, and proceeding easterly along Sonant Dr to Stature Dr, Page 52 Title 29 - State Government and proceeding easterly along Stature Dr to Christina Cr Br, and proceeding southerly along Christina Cr Br to I-95, and proceeding easterly along I-95 to Christiana Rd, and proceeding southerly along Christiana Rd to W Main St, and proceeding easterly along W Main St to E Main St, and proceeding easterly along E Main St to nonvisible boundary (TLID:614584312), and proceeding westerly along nonvisible boundary (TLID:614584312) to nonvisible boundary (TLID:614584311), and proceeding westerly along nonvisible boundary (TLID:614584311) to nonvisible boundary (TLID:614584305), and proceeding westerly along nonvisible boundary (TLID:614584305) to nonvisible boundary (TLID:187303830), and proceeding northerly along nonvisible boundary (TLID:187303830) to nonvisible boundary (TLID:187303825), and proceeding westerly along nonvisible boundary (TLID:187303825) to Nanticoke Pl, and proceeding westerly along Nanticoke Pl to nonvisible boundary (TLID:632927209), and proceeding southerly along nonvisible boundary (TLID:632927209) to nonvisible boundary (TLID:632927210), and proceeding southerly along nonvisible boundary (TLID:632927210) to Smalleys Dam Rd, and proceeding southerly along Smalleys Dam Rd to Newtown Rd, and proceeding westerly along Newtown Rd to Troubador Way, and proceeding westerly along Troubador Way to nonvisible boundary (TLID:187274837), and proceeding southerly along nonvisible boundary (TLID:187274837) to Christina Creek Br, and proceeding northerly along Christina Creek Br to Christina Crk, and proceeding westerly along Christina Crk to the Bear census designated place line, and proceeding southerly along the Bear census designated place line to Walther Rd, and proceeding easterly along Walther Rd to Pulaski Hwy, and proceeding westerly along Pulaski Hwy to Porter Rd, and proceeding northerly along Porter Rd to Pulaski Hwy, and proceeding westerly along Pulaski Hwy to nonvisible boundary (TLID:632927178), and proceeding northerly along nonvisible boundary (TLID:632927178) to powerline (TLID:632927175), and proceeding southerly along powerline (TLID:632927175) to the Bear census designated place line, and proceeding westerly along the Bear census designated place line to Belltown Run, and proceeding westerly along Belltown Run to Sunset Lake Rd, and proceeding northerly along Sunset Lake Rd to Chapel St Exd, and proceeding northerly along Chapel St Exd to S Chapel St, and proceeding northerly along S Chapel St to the Newark city line, and proceeding easterly along the Newark city line to the Brookside census designated place line, and proceeding northerly along the Brookside census designated place line to the Newark city line, and proceeding northerly along the Newark city line to S Chapel St, and proceeding northerly along S Chapel St to Library Ave, and proceeding northerly along Library Ave to the point of beginning. Twelfth Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of the eastbound lane of Pulaski Hwy and Glasgow Ave, and proceeding easterly along Pulaski Hwy to Wrangle Hill Rd, and proceeding southerly along Wrangle Hill Rd to Pulaski Hwy, and proceeding easterly along Pulaski Hwy to Wrangle Hill Rd, and proceeding northerly along Wrangle Hill Rd to Sunset Lake Rd, and proceeding northerly along Sunset Lake Rd to Belltown Run, and proceeding easterly along Belltown Run to the Bear census designated place line, and proceeding northerly along the Bear census designated place line to powerline (TLID:632927175), and proceeding northerly along powerline (TLID:632927175) to nonvisible boundary (TLID:632927178), and proceeding southerly along nonvisible boundary (TLID:632927178) to Pulaski Hwy, and proceeding easterly along Pulaski Hwy to Porter Rd, and proceeding southerly along Porter Rd to Carson Dr, and proceeding easterly along Carson Dr to nonvisible boundary (TLID:614584241), and proceeding easterly along nonvisible boundary (TLID:614584241) to Conrail RR, and proceeding northerly along Conrail RR to Church Rd, and proceeding southerly along Church Rd to nonvisible boundary (TLID:606160037), and proceeding easterly along nonvisible boundary (TLID:606160037) to Church Rd, and proceeding easterly along Church Rd to the Bear census designated place line, and proceeding northerly along the Bear census designated place line to Red Lion Rd, and proceeding easterly along Red Lion Rd to S Dupont Pkwy, and proceeding northerly along S Dupont Pkwy to unnamed Local road (TLID:187296096), and proceeding northerly along unnamed Local road (TLID:187296096) to S Dupont Hwy, and proceeding northerly along S Dupont Hwy to Bear Rd, and proceeding westerly along Bear Rd to S Dupont Hwy, and proceeding northerly along S Dupont Hwy to Conrail RR, and proceeding easterly along Conrail RR to S Dupont Pkwy, and proceeding northerly along S Dupont Pkwy to the New Castle city line, and proceeding westerly along the New Castle city line to S Dupont Hwy, and proceeding northerly along S Dupont Hwy to N Dupont Hwy, and proceeding northerly along N Dupont Hwy to Bacon Ave, and proceeding easterly along Bacon Ave to Boulden Blvd, and proceeding easterly along Boulden Blvd to the Wilmington Manor census designated place line, and proceeding southerly along the Wilmington Manor census designated place line to the New Castle city line, and proceeding southerly along the New Castle city line to Conrail RR, and proceeding southerly along Conrail RR to the New Castle city line, and proceeding southerly along the New Castle city line to Conrail RR, and proceeding southerly along Conrail RR to Delaware St, and proceeding easterly along Delaware St to Conrail RR, and proceeding northerly along Conrail RR to Broad Dyke Ditch, and proceeding westerly along Broad Dyke Ditch to nonvisible boundary (TLID:187291356), and proceeding northerly along nonvisible boundary (TLID:187291356) to Van Dyke Dr, and proceeding easterly along Van Dyke Dr to New Amstel Ave, and proceeding northerly along New Amstel Ave to 14th St, and proceeding easterly along 14th St to Moore Ave, and proceeding southerly along Moore Ave to nonvisible boundary (TLID:187295535), and proceeding easterly along nonvisible boundary (TLID:187295535) to Wilmington Rd, and proceeding southerly along Wilmington Rd to E 6th St, and proceeding southerly along E 6th St to Wilmington Rd, and proceeding easterly along Wilmington Rd to Broad Dyke Ditch, and proceeding easterly along Broad Dyke Ditch to the New Castle city line, and proceeding southerly along the New Castle city line to nonvisible boundary (TLID:187270735), and proceeding northerly along nonvisible boundary (TLID:187270735) to nonvisible boundary (TLID:187291271), and proceeding southerly along nonvisible boundary (TLID:187291271) to nonvisible boundary (TLID:630667156), and proceeding southerly along nonvisible boundary (TLID:630667156) to nonvisible boundary (TLID:630667157), and proceeding southerly along nonvisible boundary (TLID:630667157) to the New Castle county line, and proceeding southerly along the New Castle county line to nonvisible boundary (TLID:630667135), and proceeding westerly along nonvisible boundary (TLID:630667135) to nonvisible boundary Page 53 Title 29 - State Government (TLID:630667227), and proceeding southerly along nonvisible boundary (TLID:630667227) to nonvisible boundary (TLID:630667131), and proceeding westerly along nonvisible boundary (TLID:630667131) to nonvisible boundary (TLID:187279807), and proceeding westerly along nonvisible boundary (TLID:187279807) to nonvisible boundary (TLID:187275631), and proceeding westerly along nonvisible boundary (TLID:187275631) to nonvisible boundary (TLID:629894783), and proceeding westerly along nonvisible boundary (TLID:629894783) to nonvisible boundary (TLID:629894782), and proceeding westerly along nonvisible boundary (TLID:629894782) to nonvisible boundary (TLID:187251372), and proceeding westerly along nonvisible boundary (TLID:187251372) to nonvisible boundary (TLID:187301753), and proceeding westerly along nonvisible boundary (TLID:187301753) to nonvisible boundary (TLID:187291236), and proceeding southerly along nonvisible boundary (TLID:187291236) to shoreline (TLID:614584177), and proceeding westerly along shoreline (TLID:614584177) to shoreline (TLID:614584176), and proceeding westerly along shoreline (TLID:614584176) to shoreline (TLID:187297219), and proceeding southerly along shoreline (TLID:187297219) to S Dupont Pkwy, and proceeding southerly along S Dupont Pkwy to Drawyer Crk, and proceeding westerly along Drawyer Crk to shoreline (TLID:187248888), and proceeding westerly along shoreline (TLID:187248888) to stream/river (TLID:614584082), and proceeding northerly along stream/river (TLID:614584082) to stream/river (TLID:614584085), and proceeding northerly along stream/river (TLID:614584085) to stream/river (TLID:614584086), and proceeding westerly along stream/river (TLID:614584086) to Cedar Lane Rd, and proceeding northerly along Cedar Lane Rd to Boyds Corner Rd, and proceeding westerly along Boyds Corner Rd to Ratledge Rd, and proceeding northerly along Ratledge Rd to Lorewood Grove Rd, and proceeding westerly along Lorewood Grove Rd to Joy Run, and proceeding northerly along Joy Run to shoreline (TLID:187250890), and proceeding westerly along shoreline (TLID:187250890) to shoreline (TLID:187250938), and proceeding westerly along shoreline (TLID:187250938) to Conrail RR, and proceeding northerly along Conrail RR to nonvisible boundary (TLID:614584978), and proceeding westerly along nonvisible boundary (TLID:614584978) to nonvisible boundary (TLID:614584977), and proceeding westerly along nonvisible boundary (TLID:614584977) to nonvisible boundary (TLID:187288636), and proceeding westerly along nonvisible boundary (TLID:187288636) to nonvisible boundary (TLID:187288635), and proceeding westerly along nonvisible boundary (TLID:187288635) to nonvisible boundary (TLID:187251073), and proceeding westerly along nonvisible boundary (TLID:187251073) to Summit Bridge Rd, and proceeding southerly along Summit Bridge Rd to shoreline (TLID:187297121), and proceeding westerly along shoreline (TLID:187297121) to Summit Bridge Rd, and proceeding northerly along Summit Bridge Rd to Red Lion Rd, and proceeding easterly along Red Lion Rd to Summit Bridge Rd, and proceeding northerly along Summit Bridge Rd to Red Lion Rd, and proceeding westerly along Red Lion Rd to Summit Bridge Rd, and proceeding northerly along Summit Bridge Rd to the Glasgow census designated place line, and proceeding northerly along the Glasgow census designated place line to Glasgow Ave, and proceeding northerly along Glasgow Ave to the point of beginning. Thirteenth Senate District. — All of that portion of New Castle County bounded and described as follows: Beginning at the point of intersection of Pulaski Hwy and Porter Rd, and proceeding easterly along Pulaski Hwy to Walther Rd, and proceeding westerly along Walther Rd to the Bear census designated place line, and proceeding northerly along the Bear census designated place line to Christina Crk, and proceeding northerly along Christina Crk to Christina Creek Br, and proceeding southerly along Christina Creek Br to nonvisible boundary (TLID:187274837), and proceeding northerly along nonvisible boundary (TLID:187274837) to Troubador Way, and proceeding easterly along Troubador Way to Newtown Rd, and proceeding easterly along Newtown Rd to Smalleys Dam Rd, and proceeding northerly along Smalleys Dam Rd to nonvisible boundary (TLID:632927210), and proceeding northerly along nonvisible boundary (TLID:632927210) to nonvisible boundary (TLID:632927209), and proceeding northerly along nonvisible boundary (TLID:632927209) to Nanticoke Pl, and proceeding easterly along Nanticoke Pl to nonvisible boundary (TLID:187303825), and proceeding easterly along nonvisible boundary (TLID:187303825) to nonvisible boundary (TLID:187303830), and proceeding southerly along nonvisible boundary (TLID:187303830) to nonvisible boundary (TLID:614584305), and proceeding easterly along nonvisible boundary (TLID:614584305) to nonvisible boundary (TLID:614584311), and proceeding easterly along nonvisible boundary (TLID:614584311) to nonvisible boundary (TLID:614584312), and proceeding easterly along nonvisible boundary (TLID:614584312) to E Main St, and proceeding northerly along E Main St to Christina Riv, and proceeding northerly along Christina Riv to nonvisible boundary (TLID:630742152), and proceeding easterly along nonvisible boundary (TLID:630742152) to nonvisible boundary (TLID:630742161), and proceeding northerly along nonvisible boundary (TLID:630742161) to nonvisible boundary (TLID:630742162), and proceeding northerly along nonvisible boundary (TLID:630742162) to nonvisible boundary (TLID:616922805), and proceeding northerly along nonvisible boundary (TLID:616922805) to the Newport town line, and proceeding easterly along the Newport town line to nonvisible boundary (TLID:187291296), and proceeding northerly along nonvisible boundary (TLID:187291296) to shoreline (TLID:187291292), and proceeding easterly along shoreline (TLID:187291292) to the Newport town line, and proceeding southerly along the Newport town line to nonvisible boundary (TLID:614583824), and proceeding easterly along nonvisible boundary (TLID:614583824) to nonvisible boundary (TLID:614583825), and proceeding easterly along nonvisible boundary (TLID:614583825) to nonvisible boundary (TLID:629548620), and proceeding easterly along nonvisible boundary (TLID:629548620) to nonvisible boundary (TLID:616923614), and proceeding easterly along nonvisible boundary (TLID:616923614) to nonvisible boundary (TLID:616923646), and proceeding northerly along nonvisible boundary (TLID:616923646) to nonvisible boundary (TLID:616923905), and proceeding easterly along nonvisible boundary (TLID:616923905) to nonvisible boundary (TLID:616923907), and proceeding easterly along nonvisible boundary (TLID:616923907) to I-95, and proceeding northerly along I-95 to nonvisible boundary (TLID:187298238), and proceeding easterly along nonvisible boundary (TLID:187298238) to nonvisible boundary (TLID:187298239), and proceeding easterly along nonvisible boundary (TLID:187298239) to Conrail RR, and proceeding southerly along Conrail RR to nonvisible boundary (TLID:616923889), and proceeding easterly along nonvisible boundary Page 54 Title 29 - State Government (TLID:616923889) to nonvisible boundary (TLID:616923864), and proceeding easterly along nonvisible boundary (TLID:616923864) to nonvisible boundary (TLID:616923851), and proceeding easterly along nonvisible boundary (TLID:616923851) to nonvisible boundary (TLID:616923836), and proceeding northerly along nonvisible boundary (TLID:616923836) to nonvisible boundary (TLID:616923835), and proceeding northerly along nonvisible boundary (TLID:616923835) to nonvisible boundary (TLID:616923829), and proceeding northerly along nonvisible boundary (TLID:616923829) to nonvisible boundary (TLID:616924016), and proceeding northerly along nonvisible boundary (TLID:616924016) to nonvisible boundary (TLID:616924019), and proceeding northerly along nonvisible boundary (TLID:616924019) to the Wilmington city line, and proceeding northerly along the Wilmington city line to S Market St, and proceeding southerly along S Market St to Rogers Rd, and proceeding southerly along Rogers Rd to nonvisible boundary (TLID:606256931), and proceeding southerly along nonvisible boundary (TLID:606256931) to nonvisible boundary (TLID:606256930), and proceeding southerly along nonvisible boundary (TLID:606256930) to nonvisible boundary (TLID:187297888), and proceeding southerly along nonvisible boundary (TLID:187297888) to N Dupont Hwy, and proceeding southerly along N Dupont Hwy to property line (TLID:628692275), and proceeding southerly along property line (TLID:628692275) to N Dupont Hwy, and proceeding southerly along N Dupont Hwy to a point directly opposite the intersection of N Dupont Hwy and W Hazeldell Ave, the said point being the northwestern terminus of an imaginary line running midway between E. Hazeldell Ave and Karlyn Drive, and proceeding southeasterly along the said imaginary line for a distance of approximately 4,950 feet to its intersection with the westbound land of I-295, and proceeding westerly along I-295 to the Wilmington Manor census designated place line, and proceeding southerly along the Wilmington Manor census designated place line to N Dupont Hwy, and proceeding southerly along N Dupont Hwy to S Dupont Hwy, and proceeding southerly along S Dupont Hwy to the New Castle city line, and proceeding easterly along the New Castle city line to S Dupont Pkwy, and proceeding southerly along S Dupont Pkwy to Conrail RR, and proceeding westerly along Conrail RR to S Dupont Hwy, and proceeding southerly along S Dupont Hwy to Bear Rd, and proceeding easterly along Bear Rd to S Dupont Hwy, and proceeding southerly along S Dupont Hwy to unnamed Local road (TLID:187296096), and proceeding southerly along unnamed Local road (TLID:187296096) to S Dupont Pkwy, and proceeding southerly along S Dupont Pkwy to Red Lion Rd, and proceeding westerly along Red Lion Rd to the Bear census designated place line, and proceeding westerly along the Bear census designated place line to Church Rd, and proceeding westerly along Church Rd to nonvisible boundary (TLID:606160037), and proceeding westerly along nonvisible boundary (TLID:606160037) to Church Rd, and proceeding northerly along Church Rd to Conrail RR, and proceeding westerly along Conrail RR to nonvisible boundary (TLID:614584241), and proceeding westerly along nonvisible boundary (TLID:614584241) to Carson Dr, and proceeding southerly along Carson Dr to Porter Rd, and proceeding northerly along Porter Rd to the point of beginning. Fourteenth Senate District. — All of that portion of Kent and New Castle Counties bounded and described as follows: Beginning at the point of intersection of Bohemia Mill Road (County Road 436) and the Delaware-Maryland state line, and proceeding easterly along Bohemia Mill Road to an unnamed local road bearing the Tiger Line identification number TLID:187249074, and proceeding easterly along the said unnamed local road to a nonvisible census block boundary bearing the Tiger Line identification number TLID:606158998, and proceeding easterly along the said census block boundary to Armstrong Corner Road (County Road 429), and proceeding easterly along Armstrong Corner Road to U.S. Route 301 (also known as Delaware Route 71 and Summit Bridge Road), and proceeding southerly along Delaware Route Delaware Route 299 (known at that point in its course as West Main Street), and proceeding easterly along Delaware Route 299 to the Conrail Railroad, and proceeding southerly along the Conrail Railroad to St. Anne’s Church Road, and proceeding easterly along St. Anne’s Church Road to U.S. Route 301 (also known at that point in its course as Summit Bridge Road, Delaware Route 71 and South Broad Street), and proceeding northerly along U.S. Route 301 to the center line of Deep Creek, and proceeding easterly along the center line of Deep Creek to the center line of Silver Lake, and proceeding easterly along the center line of Silver Lake to Silver Lake Road, and proceeding northerly along Silver Lake Road to Delaware Route 299 (known at that point in its course as the Middletown-Odessa Road), and proceeding easterly along Delaware Route 299 to Delaware Route 1, and proceeding northerly along Delaware Route 1 to the center line of Drawyer Creek, and proceeding westerly along the center line of Drawyer Creek to U.S. Route 13 (known at that point in its course as South DuPont Parkway), and proceeding northerly along U.S. Route 13 to the center line of the Chesapeake and Delaware Canal, and proceeding easterly along the center line of the Chesapeake and Delaware Canal to the waters of the Delaware River and Bay, and proceeding due east across the waters of the Delaware River and Bay to the Delaware-New Jersey state line, and proceeding southerly along the Delaware-New Jersey state line to a point due east of the point where the center line of the Simons River meets the waters of the Delaware Bay, and proceeding westerly across the waters of the Delaware Bay to the center line of the Simons River, and proceeding westerly along the center line of the Simons River to its point of intersection with the center lines of Green Creek and Herring Branch, and proceeding westerly along the center line of Herring Branch to Delaware Route 9 (known at that point in its course as Bayside Drive), and proceeding westerly along Delaware Route 9 to Persimmon Tree Lane (County Road 337), and proceeding southwesterly along Persimmon Tree Lane to Pit Stop Lane, and proceeding westerly along Pit Stop Lane to Delaware Route 1 (known at that point in its course as Korean War Veterans Memorial Highway), and proceeding northwesterly along Delaware Route 1 to a tributary of Dyke Branch identified by the Tiger Line identification number TLID:68101547, and proceeding northerly along the said tributary to East Denney’s Road (County Road 330), and proceeding northeasterly along East Denney’s Road to Fast Landing Road (Delaware Route 42), and proceeding westerly along Fast Landing Road to an unnamed tributary of the Leipsic River identified by the Tiger Line identification number TLID:68089732, and proceeding northerly along the said unnamed tributary to the center line of the Leipsic River, and proceeding northerly and then westerly along the center line of the Leipsic River to U.S. Route 13 (known at that point in its course as North DuPont Highway), and proceeding northerly along U.S. Route 13 to County Road 84 (Twin Page 55 Title 29 - State Government Willows Road), and proceeding easterly along County Road 84 to Delaware Route 1 (known at that point in its course as Korean Veterans Memorial Highway), and proceeding northerly along Delaware Route 1 to County Road 325 (Big Oak Road), and proceeding westerly along County Road 325 to U.S. Route 13 (known at that point in its course as South DuPont Boulevard), and proceeding northerly along U.S. Route 13 to South Carter Road, and proceeding northwesterly along South Carter Road to Sunnyside Road (County Road 90) and proceeding southwesterly along Sunnyside Road to Cedar Brook Drive, and proceeding westerly along Cedar Brook Drive to the Smyrna town line, and proceeding westerly along the Smyrna town line to the center line of Mill Creek, and proceeding westerly along the center line of Mill Creek to the first in a series of nonvisible census block boundary lines, identified by the Tiger Line identification number TLID:617128091, and proceeding northerly along the said census block boundary line to a second nonvisible census block boundary line (TLID:617128097), and proceeding northerly along the said second census block boundary line to a third nonvisible census block boundary line (TLID:617128144), and proceeding northerly along the said third census block boundary line to a fourth nonvisible census block boundary line (TLID:617128145), and proceeding northerly along the said fourth census block boundary line to a fifth nonvisible census block boundary line (TLID:617128117), and proceeding northerly along the said fifth census block boundary line to a sixth nonvisible census block boundary line, and proceeding northerly along the said sixth census block boundary line to a seventh nonvisible census block boundary line (TLID:617128059), and proceeding northerly along the said seventh census block boundary line to an eighth nonvisible census block boundary line (TLID:68114315), and proceeding northerly along the said eighth census block boundary line to the Clayton town line, and proceeding southerly along the Clayton town line to Wheatley’s Pond Road (Delaware Route 300), and proceeding southwesterly along Wheatley’s Pond Road to School Lane (County Road 40), and proceeding northwesterly along School Lane to Millington Road (County Road 39 and Delaware Route 15), and proceeding westerly along Millington Road to Duck Creek Road, and proceeding northeasterly along Duck Creek Road to the Clayton town line, and proceeding northwesterly along the Clayton town line to the Kent-New Castle county line, and proceeding westerly along the Kent-New Castle county line to the Delaware-Maryland state line, and proceeding northerly along the Delaware-Maryland state line to the point of beginning. Fifteenth Senate District. — All of that portion of Kent County bounded and described as follows: Beginning at the point of intersection of the New Castle/Kent county line and the Delaware-Maryland state line, and proceeding easterly along the New Castle/Kent county line to the Clayton town line, and proceeding southeasterly along the Clayton town line to Duck Creek Road, and proceeding southwesterly along Duck Creek Road to Millington Road (County Road 39 and Delaware Route 15), and proceeding easterly along Millington Road to School Lane (County Road 40), and proceeding southeasterly along School Lane to Wheatley’s Pond Road (Delaware Route 300), and proceeding northeasterly along Wheatley’s Pond Road to the Clayton town line, and proceeding southerly along the Clayton town line to the first of a series of nonvisible census block boundary lines, bearing the Tiger Line identification number: TLID:68114315, and proceeding southerly along the said nonvisible boundary line (TLID:68114315) to nonvisible boundary line (TLID:617128059), and proceeding southerly along nonvisible boundary line (TLID:617128059) to nonvisible boundary line (TLID:617128118), and proceeding southerly along nonvisible boundary line (TLID:617128118) to nonvisible boundary line (TLID:617128117), and proceeding southerly along nonvisible boundary line (TLID:617128117) to nonvisible boundary line (TLID:617128145), and proceeding southerly along nonvisible boundary line (TLID:617128145) to nonvisible boundary line (TLID:617128144), and proceeding southerly along nonvisible boundary line (TLID:617128144) to nonvisible boundary line (TLID:617128097), and proceeding southerly along nonvisible boundary line (TLID:617128097) to nonvisible boundary line (TLID:617128091), and proceeding southerly along nonvisible boundary line (TLID:617128091) to the center line of Mill Creek, and proceeding northeasterly along the center line of Mill Creek to the Smyrna town line, and proceeding easterly along the Smyrna town line to Cedar Brook Drive, and proceeding easterly along Cedar Brook Drive to Sunnyside Road (County Road 90), and proceeding northeasterly along Sunnyside Road to South Carter Road, and proceeding easterly along South Carter Road to U.S. Route 13 (known at that point in its course as South DuPont Boulevard), and proceeding southerly along U.S. Route 13 to County Road 325 (Big Oak Road), and proceeding easterly along County Road 325 to Delaware Route 1 (known at that point in its course as Korean Veterans Memorial Highway), and proceeding southerly along Delaware Route 1 to County Road 84 (Twin Willows Road), and proceeding westerly along County Road 84 to U.S. Route 13 (known at that point in its course as South DuPont Boulevard), and proceeding southerly along U.S. Route 13 to the center line of the Leipsic River, and proceeding easterly along the center line of the Leipsic River to an unnamed tributary of the Leipsic River, and proceeding southerly along the said tributary to Fast Landing Road (Delaware Route 42), and proceeding easterly along Fast Landing Road to East Denney’s Road (County Road 330), and proceeding southerly along East Denney’s Road to a tributary of Dyke Branch identified by the Tiger Line identification number TLID:68101547, and proceeding southerly along the said tributary to Delaware Route 1 (known at that point in its course as Korean Veterans Memorial Highway), and proceeding northwesterly along Delaware Route 1 to Fast Landing Road (Delaware Route 42), and proceeding southerly along Fast Landing Road to U. S. Route 13 (known at that point in its course as North DuPont Highway), and proceeding southerly along U.S. Route 13 to West Denney’s Road, and proceeding westerly along West Denney’s Road to Kenton Road (Delaware Route 15), and proceeding easterly along Kenton Road to County Road 158 (Chestnut Grove Road), and proceeding westerly along County Road 158 to County Road 162 (Sharon Hill Road), and proceeding easterly along County Road 158 to County Road 198 (known variously in its course as Cahoon Branch Road and then Rose Valley School Road), and proceeding southerly along County Road 198 to Hazlettville Road (County Road 73), and proceeding easterly along Hazlettville Road to Todd’s Mill Road (County Road 203), and proceeding southerly along Todd’s Mill Road to the center line of Isaac Branch, and proceeding easterly along the center line of Isaac Branch to the center line of Almshouse Branch, and proceeding southerly along the center line of Almshouse Branch to Westville Road (Delaware Route 15), and proceeding westerly along Westville Road to Almshouse Road, and proceeding southerly along Almshouse Road (County Road Page 56 Title 29 - State Government 232) to Thicket Road (County Road 231), and proceeding easterly along Thicket Road to Willow Grove Road (Delaware Route 10), and proceeding westerly along Willow Grove Road to Farm Lane (County Road 235), and proceeding easterly and then southerly Farm Lane to County Road 77 (Friedel Road), and proceeding easterly along County Road 77 to a powerline (TLID:68092916) just west of the Viola town boundary line,, and proceeding southerly along the said powerline to County Road 4 (a continuation of Evans Road), and proceeding easterly along County Road 4 to County Road 32 (Evans Road), and proceeding easterly along County Road 32 to Canterbury Road (Delaware Route 15), and proceeding southerly along Canterbury Road to County Road 35 (Carpenter Bridge Road), and proceeding westerly along County Road 35 to County Road 428 (Winkler Road), and proceeding westerly along County Road 428 to County Road 289, and proceeding westerly along County Road 289 to County Road 78, and proceeding westerly along County Road 78 to County Road 279 (Pinepitch Road), and proceeding southerly along County Road 279 to Whiteleysburg Road (County Road 59), and proceeding easterly along Whiteleysburg Road to Delaware Route 14 (known at that point in its course as Vernon Road), and proceeding southerly along Delaware Route 14 to the Delaware-Maryland state line, and proceeding northerly along the Delaware-Maryland state line to the point of beginning. Sixteenth Senate District. — All of that portion of Kent County bounded and described as follows: Beginning at the point of intersection of Almshouse Road (County Road 232) and Thicket Road (County Road 231), and proceeding northerly along Almshouse Road to Westville Road (Delaware Route 15), and proceeding easterly along Westville Road to the center line of Almshouse Branch, and proceeding northerly along the center line of Almshouse Branch to the center line of Isaac Branch, and proceeding easterly along the center line of Isaac Branch the southwestern shoreline of Wyoming Lake and proceeding easterly along the said shoreline (TLID:68092883) to the Wyoming town line, and proceeding southwesterly along the Wyoming town line to Westville Road, and proceeding westerly along Westville Road to the Wyoming town line, and proceeding southerly along the Wyoming town line to an unnamed local road (TLID:68103676), and proceeding southerly along the said unnamed local road (TLID:68103676) to a second unnamed local road (TLID:68091853), and proceeding southerly along the said unnamed local road (TLID:68091853) to a third unnamed local road (TLID:68091854), and proceeding easterly along the said unnamed local road (TLID:68091854) to powerline (TLID:68092892), and proceeding southerly along powerline (TLID:68092892) to a second powerline segment (TLID:68092894), and proceeding southerly along the said second powerline segment (TLID:68092894) to the Wyoming/Camden town line, and proceeding easterly along the Wyoming/Camden town line to the Camden town line, and proceeding southerly along the Camden town line to the Conrail Railroad line, and proceeding southerly along Conrail Railroad to a nonvisible census block boundary (TLID:614393561), and proceeding easterly along the said census block boundary (TLID:614393561) to Cochran Road, and proceeding easterly along Cochran Road to Willow Grove Road (Delaware Route 10), and proceeding southerly along Willow Grove Road to the Camden town line, and proceeding easterly along the Camden town line to the Conrail Railroad line, and proceeding southerly along Conrail Railroad to the Camden town line, and proceeding southerly along the Camden town line to Bison Road, and proceeding easterly along Bison Road to Upper King Road (Alternate U.S. Route 13), and proceeding northerly along Upper King Road to Lochmeath Way, and proceeding easterly along Lochmeath Way to U.S. Route 13 (known at that point in its course as South DuPont Highway), and proceeding northerly along U.S. Route 13 to the Camden/Highland Acres town/census designated place line, and proceeding northerly along the Camden/Highland Acres town/ census designated place line to U.S. Route 13, and proceeding northerly along U.S. Route 13 to the Camden/Highland Acres town/census designated place line, and proceeding northerly along the Camden/Highland Acres town/census designated place line to the Rodney Village/Kent Acres census designated place line, and proceeding northerly along the Rodney Village/Kent Acres census designated place line to Charles Polk Road, and proceeding westerly along Charles Polk Road to John Clark Road, and proceeding northerly along John Clark Road to the Dover/Rodney Village city/census designated place line, and proceeding easterly along the Dover/Rodney Village city/census designated place line to Webb’s Lane, and proceeding easterly along Webb’s Lane to U.S. Route 13 (known at that point in its course as South DuPont Highway), and proceeding northerly along U.S. Route 13 to the center line of the St. Jones River, and proceeding easterly along the center line of the St. Jones River to the Dover city line at Transit Road, and proceeding easterly along the Dover city line to U.S. Route 113 (known at that point in its course as South Bay Road), and proceeding southerly along U.S. Route 113 to the first of a series of nonvisible property line segments and census block boundaries as follows: proceeding easterly along the first property line segment (TLID:630760996) to a second property line segment (TLID:630760997), and proceeding easterly along the said second property line segment (TLID:630760997) to a third property line segment (TLID:630761000), and proceeding southerly along the said third property line (TLID:630761000) to a fourth property line (TLID:630761001), and proceeding easterly along the said fourth property line (TLID:630761001) to a fifth property line (TLID:606827701), and proceeding easterly along the said fifth property line (TLID:606827701) to a sixth property line (TLID:68090762), and proceeding northerly along the said sixth property line (TLID:68090762) to Charger Way, and proceeding easterly along Charger Way to the southeastern corner of the property line of the Kent County Aeropark, and proceeding northerly along the said property line (TLID:606855098) to Horsepond Road (County Road 348), and proceeding westerly along Horsepond Road to South Little Creek Road (County Road 67), and proceeding westerly along South Little Creek Road to Fox Road (County Road 344), and proceeding northerly along Fox Road North Little Creek Road (Delaware Route 8), and proceeding westerly along North Little Creek Road to Delaware Route 1 (known at that point in its course as Korean Veterans Memorial Highway), and proceeding northerly along Delaware Route 1 to White Oak Road (County Road 66), and proceeding easterly along White Oak Road to the Dover city line, and proceeding northerly along the Dover city line the first of two nonvisible census block boundary lines (TLID:68113514), and proceeding northerly along the said first census block boundary line (TLID:68113514) to a second nonvisible census block boundary line (TLID:68104024) on the east side of a development known as Persimmon Park Place, and Page 57 Title 29 - State Government proceeding northwesterly along the said second census block boundary line (TLID:68104024) to Persimmon Tree Lane (County Road 337), and proceeding easterly along Persimmon Tree Lane to Delaware Route 9 (known at that point in its course as Bayside Drive), and proceeding easterly along Delaware Route 9 to the center line of Herring Branch, and proceeding easterly along the center line of Herring Branch to its point of intersection with the center lines of Green Creek and Simons River, and proceeding easterly along the center line of Simons River to the waters of the Delaware Bay, and proceeding easterly across the waters of the Delaware Bay to the Delaware-New Jersey State Line, and proceeding southeasterly along the Delaware-New Jersey State Line to a point due east of the mouth of Mispillion Inlet, and proceeding westerly across the waters of the Delaware Bay to the mouth of the Mispillion Inlet, which at that point in its course marks the Kent-Sussex county line, and proceeding in a generally westerly direction along the Kent-Sussex county line, to the center line of Fishing Branch, and proceeding westerly along the center line of Fishing Branch to the center line of Baptist Church Branch, and proceeding westerly along the center line of Baptist Church Branch to County Road 423 (Reynolds Road), and proceeding northerly along County Road 423 to County Road 424 (Spring Hill Drive), and proceeding southerly along County Road 424 to Delaware Route 1 (known at that point in its course as U. S. Route 113 and as Bay Road), and proceeding northerly along Delaware Route 1 to County Road 402 (Old Cemetery Road) and proceeding westerly along County Road 402 to County Road 119 (Tub Mill Pond Road), and proceeding southerly along County Road 119 to County Road 401 (Bowman Road), and proceeding southerly along County Road 401 to County Road 392 (Blue Jay Lane), and proceeding westerly along County Road 392 to an unnamed tributary emanating from the south side of the Murderkill River east of Brown’s Branch, bearing the Tiger Line identification number: TLID:68097082, and proceeding northerly along the center line of the said unnamed tributary to County Road 390 (Fork Landing Road), and proceeding westerly along County Road 390 to County Road 35 (Carpenter Bridge Road), and proceeding southerly along County Road 35 to Canterbury Road (Delaware Route 15), and proceeding northerly along Canterbury Road to County Road 32 (Evans Road), and proceeding westerly along County Road 32 to County Road 4 (a continuation of Evans Road), and proceeding westerly along County Road 4 to a powerline (TLID:68092916) just west of the Viola town boundary line, and proceeding northerly along the said powerline (TLID:68092916) to County Road 77 (Friedel Road), and proceeding westerly along County Road 77 to Farm Lane (County Road 235), and proceeding northerly along Farm Lane to Willow Grove Road (Delaware Route 10), and proceeding easterly along Willow Grove Road to County Road 232 (known at that point in its course as Steele’s Ridge Road), and proceeding northerly along County Road 232 to Thicket Road, a continuation of County Road 232, and proceeding northerly along Thicket Road to the point of beginning. Seventeenth Senate District. — All of that portion of Kent County bounded and described as follows: Beginning at the point of intersection of County Road 158 (Chestnut Grove Road) and County Road 162 (Sharon Hill Road), and proceeding northerly along County Road 158 to Kenton Road (also known as Delaware Route 15), and proceeding westerly along Kenton Road to West Denney’s Road, and proceeding easterly along West Denney’s Road to U.S. Route 13 (also known at that point in its course as North DuPont Highway), and proceeding westerly along U.S. Route 13 to Fast Landing Road (also known as Delaware Route 42), and proceeding easterly along Fast Landing Road to Delaware Route 1 (also known at that point in its course as Korean Veterans Memorial Highway), and proceeding southerly along Delaware Route 1 to Pt Stop Lane and proceeding easterly along Pit Stop Lane to Persimmon Tree Lane (County Road 337), and proceeding easterly along Persimmon Tree Lane to a nonvisible visible census block boundary (TLID:68104024) on the east side of a development known as Persimmon Park Place, and proceeding southeasterly along the said census block boundary, to a second nonvisible census block boundary (TLID:68113514), and proceeding southerly along the said second nonvisible census block boundary to the Dover city line, and proceeding southerly along the Dover city line to White Oak Road (also known as County Road 66), and proceeding southeasterly along White Oak Road to Delaware Route 1 (also known at that point in its course as Korean Veterans Memorial Highway), and proceeding southerly along Delaware Route 1 to North Little Creek Road (Delaware Route 8), and proceeding easterly along North Little Creek Road to Fox Road (County Road 344), and proceeding southerly along Fox Road to South Little Creek Road (County Road 67), and proceeding easterly along South Little Creek Road to Horsepond Road (County Road 348), and proceeding southerly along Horsepond Road to the northern boundary line of Kent County Aeropark, and proceeding easterly and then southerly to Charger Way, and proceeding westerly along Charger Way to a series of nonvisible property lines and census block boundaries as follows, proceeding southerly along property line (TLID:68090762) to property line (TLID:606827701), and proceeding westerly along property line (TLID:606827701) to property line (TLID:630761001), and proceeding westerly along property line (TLID:630761001) to property line (TLID:630761000), and proceeding northerly along property line (TLID:630761000) to property line (TLID:630760997), and proceeding westerly along property line (TLID:630760997) to property line (TLID:630760996), and proceeding westerly along property line (TLID:630760996) to nonvisible census block boundary (TLID:68090754), and proceeding southerly along nonvisible boundary (TLID:68090754) to nonvisible boundary (TLID:606855458), and proceeding southerly along nonvisible boundary (TLID:606855458) to nonvisible boundary (TLID:606855462), and proceeding southerly along nonvisible boundary (TLID:606855462) to U.S. Route 113 (known at that point in its course as South Bay Road), and proceeding northerly along U.S. Route 113 to the Dover city line at Transit Road, and proceeding westerly along the Dover city line to the center line of the St. Jones River, and proceeding northwesterly along the center line of the St. Jones River to U.S. Route 13 (known at that point in its course as South DuPont Highway), and proceeding southerly along U.S. 13 to Webb’s Lane, and proceeding westerly along Webb’s Lane to the Rodney Village/Dover census designated place/city line, and proceeding westerly along the Rodney Village/Dover census designated place/city line to John Clark Road, and proceeding southerly along John Clark Road to Charles Polk Road, and proceeding easterly along Charles Polk Road to the Kent Acres/Rodney Village census designated place line, and proceeding southerly along the Kent Acres/Rodney Village census designated place line to the Highland Acres/ Camden census designated place/town line, and proceeding southerly along the Highland Acres/Camden census designated place/town Page 58 Title 29 - State Government line to U.S. Route 13 (South DuPont Highway), and proceeding southerly along U.S. Route 13 to Lochmeath Way, and proceeding westerly along Lochmeath Way to Upper King Road (Alternate U.S. Route 13), and proceeding southerly along Upper King Road to Bison Road, and proceeding westerly along Bison Road to the Camden town line, and proceeding northerly along the Camden town line to Conrail Railroad, and proceeding northerly along Conrail Railroad to the Camden town line, and proceeding northerly along the Camden town line to Willow Grove Road (Delaware Route 10), and proceeding northerly along Willow Grove Road to Cochran Road, and proceeding westerly along Cochran Road to a nonvisible census block boundary (TLID:614393561), and proceeding westerly along the said census block boundary to Conrail Railroad, and proceeding northerly along Conrail Railroad to the Camden town line, and proceeding northerly along the Camden town line to the Camden/Wyoming town line, and proceeding westerly along the Camden/Wyoming town line to powerline (TLID:68092894), and proceeding northerly along powerline (TLID:68092894) to powerline (TLID:68092892), and proceeding northerly along powerline (TLID:68092892) to an unnamed local road (TLID:68091854), and proceeding westerly along the said unnamed local road (TLID:68091854) to a second unnamed local road (TLID:68091853), and proceeding northerly along the said unnamed local road (TLID:68091853) to a third unnamed Local road (TLID:68103676), and proceeding northerly along the said third local road (TLID:68103676) to the Wyoming town line, and proceeding northerly along the Wyoming town line to Westville Road (Delaware Route 15), and proceeding easterly along Westville Road to the Wyoming town line and proceeding northeasterly along the Wyoming town line to the center line of Wyoming Lake, and proceeding westerly along the center line of Wyoming Lake to the center line of Isaac Branch, and proceeding westerly along the center line of Isaac Branch to Todd’s Mill Road (County Road 203), and proceeding northerly along Todd’s Mill Road to Hazlettville Road (Delaware Route 15), and proceeding westerly along Hazlettville Road to Rose Valley School Road (County Road 198), and proceeding northerly along Rose Valley School Road, which becomes Cahoon Branch Road, to Sharon Hill Road, and proceeding westerly along Sharon Hill Road to the point of beginning. Eighteenth Senate District. — All of that portion of Kent and Sussex Counties bounded and described as follows: Beginning at the point of intersection of Delaware Route 14 (known at that point in its course as Vernon Road) and the Delaware-Maryland State Line, and proceeding easterly along Delaware Route 14 to County Road 59 (Whiteleysburg Road), and proceeding westerly along County Road 59 to County Road 279 (Pinepitch Road), and proceeding northerly along County Road 279 to County Road 78 (known at that point in its course as Cemetery Road), and proceeding easterly along County Road 78 to County Road 289, and proceeding easterly along County Road 289 to County Road 428 (Winkler Road), and proceeding easterly along County Road 428 to County Road 35 (Carpenter Bridge Road), and proceeding easterly along County Road 35 to County Road 390 (Fork Landing Road), and proceeding easterly along County Road 390 to an unnamed tributary emanating from the south side of the Murderkill River east of Brown’s Branch bearing the Tiger Line identification number: TLID:68097081, and proceeding southerly along the said unnamed tributary in its further courses to County Road 392 (Bluejay Lane), and proceeding easterly along County Road 392 to County Road 401 (Bowman Road), and proceeding northerly along County Road 401 to County Road 119 (Tub Mill Pond Road), and proceeding northerly along County Road 119 to County Road 402 (Old Cemetery Road), and proceeding easterly along County Road 402 to Delaware Route 1 (known at that point in its course as U.S. Route 113 and as Bay Road), and proceeding southerly along Delaware Route One to County Road 424 (Spring Hill Drive), and proceeding northerly along County Road 424 to County Road 423 (Reynolds Road), and proceeding southerly along County Road 423 to the center line of Baptist Church Branch, and proceeding easterly along the center line of Baptist Church Branch to the center line of Fishing Branch, and proceeding easterly along the center line of Fishing Branch to the center line of the Mispillion River, which at that point in its course serves as the Sussex-Kent county line, and proceeding in a generally easterly direction along the Sussex-Kent county line to the point where it meets the waters of the Delaware Bay at Mispillion Inlet and thence due east across the waters of the Delaware Bay to Delaware’s eastern territorial boundary, and proceeding in a generally southerly direction along Delaware’s eastern territorial boundary to a point due east of the northeastern corner of the Lewes city boundary line at the northern end of the Beach Plum Island Nature Preserve, and thence across the said Lewes city boundary line to the center line of the Broadkill River, and proceeding in a generally westerly direction along the center line of the Broadkill River to Delaware Route 1 (known at that point in its course as Coastal Highway), and proceeding northwesterly along Delaware Route 1 to Delaware Route 16 (known at that point in its course as Broadkill Highway), and proceeding westerly along Delaware Route 16 to County Road 235 (Zion Church Road), and proceeding northwesterly along County Road 235 to County Road 233 (Reynolds Road), and proceeding southerly along County Road 233 to County Road 235A (Williams Farm Road), and proceeding westerly along County Road 235A to Delaware Route 5 (known at that point in its course as Union Street Extended), and proceeding northerly on Delaware Route 5 to County Road 231 (Reynolds Pond Road) to the center line of Ingram Branch, and proceeding southwesterly along the center line of Ingram Branch to Delaware Route 30 (known at that point in its course as Isaacs Road), and proceeding southerly along Delaware Route 30 to Delaware Route 16 (known at that point in its course as Milton-Ellendale Highway), and proceeding westerly along Delaware Route 16 to County Road 238 (Saw Mill Road), and proceeding southwesterly along County Road 238 to County Road 579 (West Robbins Road), and proceeding westerly along County Road 579 to County Road 606 (Marsh Road), and proceeding westerly along County Road 606 to County Road 595 (Beaver Dam Road), and proceeding westerly along County Road 595 to County Road 42 (Union Church Road), and proceeding southerly along County Road 42 to County Road 596 (Haven Road), and proceeding westerly along County Road 596 to County Road 594 (Oak Road), and proceeding northerly along County Road 594 to County Road 597 (Tucker’s Road), and proceeding westerly along County Road 597 to County Road 598 (Saint Johnstown Road), and proceeding southerly along County Road 598 to County Road 600 (Fawn Road), and proceeding westerly along County Road 600 to East Newton Road (also known as County Road 584), and proceeding westerly along East Newton Road to Adams Road (also known as County Road 583), and proceeding northerly along Adams Road to West Newton Road (also known Page 59 Title 29 - State Government as County Road 582), and proceeding westerly along West Newton Road to Delaware Route 404 (known at that point in its course as Seashore Highway), and proceeding westerly along Delaware Route 404 to its point of intersection with the Delaware-Maryland State Line, and proceeding northerly along the Delaware-Maryland State Line to the point of beginning. Nineteenth Senate District. — All of that portion of Sussex County bounded and described as follows: Beginning at the point of intersection of Delaware Route 404 (Seashore Highway) and the Delaware-Maryland State Line, and proceeding easterly along Delaware Route 404 to West Newton Road (also known as County Road 582), and proceeding easterly along West Newton Road to Adams Road (also known as County Road 583), and proceeding southerly along Adams Road to East Newton Road (also known as County Road 584), and proceeding easterly along East Newton Road to County Road 600 (Fawn Road), and proceeding easterly along County Road 600 to County Road 598 (Saint Johnstown Road), and proceeding northerly along County Road 598 to County Road 597 (Tucker’s Road), and proceeding easterly along County Road 597 to County Road 594 (Oak Road), and proceeding southerly along County Road 594 to County Road 596 (Haven Road), and proceeding easterly along County Road 596 to County Road 42 (Union Church Road), and proceeding northerly along County Road 42 to County Road 595 (Beaver Dam Road), and proceeding easterly along County Road 595 to County Road 606 (Marsh Road), and proceeding easterly along County Road 606 to County Road 579 (West Robbins Road), and proceeding easterly along County Road 579 to County Road 238 (Saw Mill Road), and proceeding northerly along County Road 238 to Delaware Route 16 (known at that point in its course as Milton—Ellendale Highway), and proceeding easterly along Delaware Route 16 to Delaware Route 30 (known at that point in its course as Gravel Hill Road), and proceeding southerly along Delaware Route 30 to County Road 319 (Sand Hill Road), and proceeding westerly and then southerly along Sand Hill Road to U.S. Route 9 (also known as Delaware Route 404 and known at that point in its course as Lewes-Georgetown Highway), and proceeding easterly along U.S. Route 9 to Delaware Route 5 (known at that point in its course as Harbeson Road and later in its course as Indian Mission Road), and proceeding southerly along Delaware Route 5 to the center line of Unity Branch, and proceeding easterly along the center line of Unity Branch to its intersection with the center line of Hopkins Prong of Herring Creek, and proceeding southeasterly along the center line of Hopkins Prong to the center line of Herring Creek, and proceeding in a southeasterly direction along the center line of Herring Creek to its intersection with the center line of Rehoboth Bay, and proceeding southerly along the center line of Rehoboth Bay to the center line of the channel connecting Rehoboth Bay with Indian River Bay, and proceeding southerly along the center line of the said channel, between the eastern end of Long Neck, known as Massey’s Landing, to the west and Burton’s Island (a part of Delaware Seashore State Park) to the east, across the center line of a small island known as Middle Island, to its intersection with the center line of Indian River Bay, and proceeding along the center line of Indian River Bay to its intersection with the center line of Lingo Creek, and proceeding in a northwesterly direction along the center line of Lingo Creek to its intersection with the Long Neck census designated place line to Spring Water Drive, and proceeding southerly along Spring Water Drive to Vista Drive, and proceeding northerly along Vista Drive to Shoreview Boulevard, and proceeding southerly along Shoreview Boulevard to Bay Farm Road (County Road 299) and proceeding westerly along Bay Farm Road to Delaware Route 24 (known as John J. Williams Highway at that point in its course), and proceeding southwesterly along Delaware Route 24 to County Road 297 (Mount Joy Road), and proceeding westerly along County Road 297 to Delaware Route 30 (known at that point in its course as Gravel Hill Road), and proceeding northerly along Delaware Route 30 to County Road 48 (Zoar Road), and proceeding westerly along County Road 48 to County Road 317, and proceeding southerly along County Road 317 to County Road 318 (Patriot Way), and proceeding southerly along County Road 318 to Avenue of Honor (County Road 86), and proceeding westerly along Avenue of Honor to U.S. Route 113 (known at that point in its course as DuPont Boulevard, and proceeding northeasterly along U.S. Route 113 to County Road 328 (Sheep Pen Road), and proceeding southwesterly along County Road 328 to County Road 410 (Godwin School Road), and proceeding northwesterly along County Road 410 to Country Living Drive (also known as County Road 433), and proceeding southerly along Country Living Drive to Cross Keys Road (also known as County Road 432) and proceeding southerly along Cross Keys Road to the center line of Shoals Branch, and proceeding westerly along the center line of Shoals Branch to Shortly Road (also known as County Road 431), and proceeding northerly along Shortly Road to County Road 329 (known variously in its course as Piney Grove Road and then Whaley’s Corner Road), and proceeding westerly along County Road 329 to County Road 46 (Old Furnace Road), and proceeding westerly along County Road 46 to County Road 444A (Conaway Road), and proceeding southerly along County Road 444A to an unnamed tax ditch bearing the Tiger Line identification number 106086375, and proceeding westerly along the said tax ditch to a second unnamed tax ditch (TLID:106086373), and proceeding westerly along the said tax ditch (TLID:106086373) to a third unnamed tax ditch (TLID:106086391), and proceeding southerly along the said tax ditch (TLID:106086391) to a fourth unnamed tax ditch (TLID:106086390), and proceeding westerly along the said tax ditch (TLID:106086390) to the center line of Tyndall Branch, and proceeding northerly along the center line of Tyndall Branch to the center line of Fleetwood’s Pond, and proceeding northwesterly along the center line of Fleetwood’s Pond to the center line of Tyndall Branch, and proceeding westerly along the center line of Tyndall Branch to the center line of Deep Creek, and proceeding southerly along the center line of Deep Creek to the center line of Concord Pond, and proceeding westerly along the center line of Concord Pond to the center line of Deep Creek, and proceeding along the center line of Deep Creek to County Road 516, and proceeding southerly along County Road 516 to a nonvisible census block boundary (TLID:605910835), and proceeding westerly along the said census block boundary (TLID:605910835) to County Road 20A, and proceeding westerly along Road 20A to Delaware Route 20 (known at that point in its course as Concord Road), and proceeding westerly along Delaware Route 20 to U.S. Route 13 (known at that point in its course as Sussex Highway), and proceeding northerly along U.S. Route 13 to the center line of Williams Pond, and proceeding in a northeasterly direction along the center line of Williams Pond to County Road 534, and proceeding northwesterly along County Road 534 to U.S. Route 13, and proceeding northerly along U.S. Route 13 to County Road 544 Page 60 Title 29 - State Government (Hearn’s Pond Road), and proceeding westerly along County Road 544 to an unnamed stream, being a headwater emanating from the south side of Hearn’s Mill Pond (TLID:106084719), and proceeding westerly along the said stream to a nonvisible census block boundary (TLID:106108679), and proceeding westerly along the said census block boundary to an unnamed local road (TLID:106102770), and proceeding southerly along the said road to County Road 543 (Ross Station Road), and proceeding southerly along County Road 543 to the center line of Herring Run, and proceeding westerly along the center line of Herring Run to County Road 30 (Atlanta Road), and proceeding southerly along County Road 30 to the Seaford city line, and proceeding southerly along the Seaford city line to Stein Highway, and proceeding westerly along Stein Highway to its intersection with the Delaware-Maryland State Line, and proceeding northerly along the Delaware-Maryland State Line to the point of beginning. Twentieth Senate District. — All of that portion of Sussex County bounded and described as follows: Beginning at the point of intersection of Delaware Route 26 (known at that point in its course at Nine Foot Road) and County Road 410 (Revel Road), and proceeding northerly along County Road 410 to Delaware Route 24 (known at that point in its course as Sussex Highway), and proceeding northerly along Delaware Route 24 to County Road 409 (Lewis Parker Road), and proceeding northwesterly along County Road 409 to County Road 410 (known variously at that point in its course as Revel Road and then Godwin School Road), and proceeding northerly along Road 410 to County Road 328 (Sheep Pen Road), and proceeding northerly along County Road 328 to DuPont Boulevard (U.S. 113), and proceeding northerly along DuPont Highway to Avenue of Honor (County Road 86), and proceeding easterly along Avenue of Honor to Patriot Way (County Road 318), and proceeding northerly along Patriot Way to County Road 317, and proceeding northerly along Road 317 to County Road 48 (known at that point in its course as Zoar Road), and proceeding easterly along County Road 48 to Delaware Route 30 (known at that point in its course as Gravel Hill Road), and proceeding southerly along Delaware Route 30 to County Road 297 (Mount Joy Road), and proceeding easterly along County Road 297 to Delaware Route 24 (known at that point in its course as John J. Williams Highway), and proceeding northeasterly along Delaware Route 24 to Bay Farm Road (County Road 299), and proceeding easterly along Bay Farm Road to Shoreview Boulevard, and proceeding northerly along Shoreview Boulevard to Vista Drive, and proceeding southerly along Vista Drive to Spring Water Drive, and proceeding northerly along Spring Water Drive to the Long Neck census designated place line, and proceeding southerly along the Long Neck census designated place line to the center line of Lingo Creek (TLID:630159296), and proceeding southeasterly along the center line of Lingo Creek to the center line of Indian River Bay, and proceeding along the center line of Indian River Bay, through the Indian River Inlet to its intersection with the Atlantic Ocean and extending outward into the Atlantic Ocean to Delaware’s eastern territorial boundary, and proceeding southward along Delaware’s eastern territorial boundary to its intersection with the Delaware-Maryland State Line due east of Fenwick Island, and proceeding westward along the Delaware-Maryland State Line to its intersection with a nonvisible boundary (TLID:106115650), and proceeding northwesterly along the said nonvisible boundary (TLID:106115650) to Delaware Route 54 (known at that point in its course as Cypress Road), and proceeding westerly along Delaware Route 24 to a nonvisible boundary (TLID:106134669), and proceeding northerly along the said nonvisible boundary (TLID:106134669) to a second nonvisible boundary (TLID:106124691), and proceeding northeasterly along the said second nonvisible boundary (TLID:106124691) to County Road 403 (Raspberry Road), and proceeding northerly along Raspberry Road to Delaware Route 26 (known at that point in its course as Nine Foot Road), and proceeding westerly along Delaware Route 26 to County Road 410 (known at that point in its course as Revel Road), the point of beginning. Twenty-first Senate District. — All of that portion of Sussex County bounded and described as follows: Beginning at the point of intersection of Stein Highway and the Delaware-Maryland State Line, and proceeding easterly along Stein Highway to the Seaford city line, and proceeding along the Seaford city line to its intersection with to County Road 30 (Atlanta Road), and proceeding northerly along County Road 30 to Herring Run, and proceeding easterly along Herring Run to County Road 543 (Ross Station Road), and proceeding northerly along County Road 543 to an unnamed local road (TLID:106102770), and proceeding northerly along the said unnamed local road (TLID:106102770) to a nonvisible census block boundary (TLID:106108679), and proceeding easterly along the said census block boundary to an unnamed stream, being a headwater emanating from the south side of Hearn’s Mill Pond (TLID:106100638), and proceeding easterly along the said unnamed stream (TLID:106100638) to County Road 544, and proceeding easterly along County Road 544 (Hearn’s Pond Road), to U.S. Route 13 (known at that point in its course as Sussex Highway), and proceeding southerly along U.S. Route 13 to County Road 534, and proceeding southeasterly along County Road 534 to the center line of Williams Pond and proceeding southwesterly along the center line of Williams Pond to its intersection with U. S. Route 13, and proceeding southerly along U.S. Route 13 to Concord Road (Delaware Route 20), and proceeding easterly along Concord Road to County Road 20A, and proceeding northerly along County Road 20A to a nonvisible census block boundary (TLID:605910835), and proceeding easterly along nonvisible boundary (TLID:605910835) to County Road 516, and proceeding northerly along County Road 516 to the center line of Deep Creek, and proceeding southeasterly along the center line of Deep Creek to the center line of Concord Pond, and proceeding easterly along the center line of Concord Pond to the center line of Deep Creek, and proceeding easterly along the center line of Deep Creek to the center line of Tyndall Branch, and proceeding easterly along the center line of Tyndall Branch to the center line of Fleetwood Pond, and proceeding southeasterly along the center line of Fleetwood Pond to Tyndall Branch and proceeding southeasterly along Tyndall Branch to an unnamed tax ditch (TLID:106086390), and proceeding easterly along the said unnamed tax ditch (TLID:106086390) to another unnamed tax ditch (TLID:106086391), and proceeding northerly along the said unnamed tax ditch (TLID:106086391) to a third unnamed tax ditch (TLID:106086373), and proceeding easterly along the said third unnamed tax ditch (TLID:106086373) to a fourth unnamed tax ditch (TLID:106086375), and proceeding easterly along the said fourth unnamed tax ditch (TLID:106086375) to County Road 444A (Conaway Road), and proceeding northerly along Road 444A to County Road 46 (Old Furnace Road), and proceeding easterly along Page 61 Title 29 - State Government County Road 46 to County Road 329 (known variously in its course as Whaley’s Corner Road and then Piney Grove road), and proceeding easterly along County Road 329 to County Road 431 (Shortly Road), and proceeding southerly along County Road 431 to the center line of Shoals Branch, and proceeding easterly along the center line of Shoals Branch to County Road 432 (Cross Keys Road), and proceeding northerly along County Road 432 to County Road 433 (Country Living Road), and proceeding northeasterly along County Road 433 to County Road 410 (Godwin School Road), and proceeding southeasterly along County Road 410 to Revel Road (a continuation of County Road 410), and proceeding southwesterly along Revel Road to County Road 409 (Lewis Parker Road), and proceeding southeasterly along County Road 409 to Delaware Route 24 (known at that point in its course as Millsboro Highway), and proceeding southwesterly along Delaware Route 24 to its intersection with County Road 410 (Revel Road), and proceeding along County Road 410 to Delaware Route 26 (known at that point in its course as Nine Foot Road), and proceeding easterly along Delaware Route 24 to County Road 403 (Raspberry Road), and proceeding southerly along Raspberry Road to a nonvisible boundary (TLID:106124691) at the northwestern corner of the Cypress Swamp, and proceeding southerly along the said nonvisible boundary (TLID:106124691) to a second nonvisible boundary (TLID:106134669), and proceeding southerly along the said nonvisible boundary (TLID:106134669) to the intersection of County Road 417 (Daisy Road) and Delaware Route 54 (known at that point in its course as Cypress Road), and proceeding easterly along Delaware Route 54 to a nonvisible boundary (TLID:106115650), and proceeding southerly along the said nonvisible boundary (TLID:106115650) to Delaware’s southern boundary with the State of Maryland, and proceeding westerly and then turning northerly at Delaware’s southwestern corner and proceeding north along the Delaware-Maryland State Line to the point of beginning. (29 Del. C. 1953, §§ 622, 632, 642, 652; 54 Del. Laws, c. 361; 56 Del. Laws, c. 243; 56 Del. Laws, c. 259, § 1; 56 Del. Laws, c. 280, § 6; 57 Del. Laws, c. 555, §§ 1, 2; 58 Del. Laws, c. 280, §§ 2, 4, 8; 58 Del. Laws, c. 310, §§ 2, 4, 5; 58 Del. Laws, c. 350; 58 Del. Laws, c. 399, §§ 1-14; 63 Del. Laws, c. 183, § 1; 63 Del. Laws, c. 187, §§ 4-6, 26-37, 44-48, 53-57; 63 Del. Laws, c. 228, §§ 1, 2, 7(a)-(c), 8, 9(a)-(c), 10(a), (b), 11-13, 14(a)-(c), 20, 21; 65 Del. Laws, c. 84, §§ 1, 2; 65 Del. Laws, c. 252, §§ 1, 2; 68 Del. Laws, c. 188, § 1; 68 Del. Laws, c. 190, § 1; 68 Del. Laws, c. 439, §§ 20-43; 73 Del. Laws, c. 274, § 2; 73 Del. Laws, c. 290, § 2; 78 Del. Laws, c. 105, § 4; 78 Del. Laws, c. 210, § 2.) Subchapter IV Effectuation § 841 Filing of maps. Maps of the several representative and senatorial districts shall be prepared by the respective departments of elections of each county. The maps shall be certified as to correctness by the president and director of the respective departments of elections and recorded in the offices of the recorder of deeds for the respective counties. Two true and correct copies of these maps shall also be filed, not later than January 1, 2012, in the respective county departments of elections, with the State Election Commissioner, the respective state chairpersons of the 2 major political parties and the State Archivist and Records Administrator. (29 Del. C. 1953, § 661; 54 Del. Laws, c. 361; 56 Del. Laws, c. 243; 58 Del. Laws, c. 280, § 20; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 382, § 3; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 5.) § 842 Evidence. When the maps referred to in this chapter are so recorded in the respective recorder of deeds’ offices, they shall be prima facie evidence in all judicial proceedings as to the correctness of the boundaries shown thereon. (29 Del. C. 1953, § 662; 56 Del. Laws, c. 243; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 5.) § 843 Copies of maps. The State Election Commissioner and the separate departments of elections shall cause such additional copies of the maps to be prepared and distributed as they deem necessary to properly advise the public. (29 Del. C. 1953, § 663; 56 Del. Laws, c. 243; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 5.) § 844 Designation of roadways. The term “avenue,” “boulevard,” “drive,” “highway,” “lane,” “parkway,” “place,” “road,” “route,” “street,” “turnpike” or any abbreviations thereof shall be used interchangeably so as to make the descriptions used in this chapter conform to maps currently in existence. (29 Del. C. 1953, § 664; 56 Del. Laws, c. 259, § 2; 63 Del. Laws, c. 183, § 1; 68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 5.) § 845 House district descriptions. In the descriptions of the various House of Representatives districts, all references to a road, highway, street, drive, place, parkway, lane, avenue, boulevard, route, turnpike, river, stream, branch, gut, boundary line or other physical feature shall refer to the center line thereof unless otherwise specified. (68 Del. Laws, c. 188, § 1; 73 Del. Laws, c. 243, § 1; 78 Del. Laws, c. 105, § 5.) Page 62 Title 29 - State Government § 846 Senate district descriptions. In the descriptions of the various Senate districts, all references to a road, highway, street, drive, place, parkway, lane, avenue, boulevard, route, turnpike, river, stream, branch, gut, boundary line or other physical feature shall refer to the center line thereof unless otherwise specified. (78 Del. Laws, c. 105, § 6.) Page 63 Title 29 - State Government Part II The General Assembly Chapter 9 Legislative Bills, Laws, Journals and Committees § 901 Altering, defacing, concealing, etc., bills or acts; penalties. (a) Whoever wilfully adds to, alters, defaces, erases, obliterates, mutilates, blots, blurs, steals, hides, conceals, destroys or misplaces, with intent to conceal, any act passed by the General Assembly of this State or any bill pending before either branch of the General Assembly or any committee thereof or any joint committee of the 2 Houses is guilty of a felony and shall be fined not less than $100 nor more than $5,000 and costs of prosecution and shall also be imprisoned not less than 1 year nor more than 10 years. (b) A bill within the meaning of this section shall be taken as pending from the time of its introduction until signed by the Speakers of both Houses. The bill shall then be taken for an act. (c) Alterations or amendments made in the regular course of proceedings shall not be construed as a violation of this section. (d) Nothing contained in this section shall prevent or limit either House from punishing for contempts according to parliamentary usage, nor shall any such punishment for contempts prevent or limit prosecutions under this section. (19 Del. Laws, c. 276, §§ 1-4; Code 1915, § 363; Code 1935, § 4; 29 Del. C. 1953, § 901; 65 Del. Laws, c. 425, § 1.) § 902 Preservation of bills and resolutions passed. All bills and resolutions passed by the General Assembly which are published in the Session Laws shall be preserved by being printed or stenciled or typewritten and not copied or transcribed with the pen. The original of all bills and resolutions shall be produced in such a manner as approved by the State Archivist and Records Administrator and the Director of Research of the Legislative Council or the Director’s designee for permanency and legibility. (27 Del. Laws, c. 12, § 1; Code 1915, § 366; Code 1935, § 337; 29 Del. C. 1953, § 902; 53 Del. Laws, c. 7, §§ 2, 3; 59 Del. Laws, c. 253, § 7; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 382, § 4.) § 903 Appointment and duties of Bill Clerks. (a) A Bill Clerk for the House of Representatives and 1 for the Senate shall be appointed by joint resolution at each session of the General Assembly. (b) The Bill Clerks shall have general supervision over all bills and resolutions introduced at any session of the General Assembly. When any bill or resolution has passed both Houses, the Bill Clerks shall attach a parchment backing to the bill or resolution, initial, seal or stamp each and every page of each and every bill or resolution so passed and present them to the presiding officers of the 2 Houses for their signatures. The Bill Clerks shall then certify with the Secretary of the Senate and Clerk of the House, on the backing of each bill or resolution, that the bill or resolution is the same as that which passed both Houses, and they shall then deliver the bill or resolution to the Chairpersons of the Passed Bill Committees of their respective Houses. The Bill Clerks, in addition to the duties prescribed in this section, shall be Clerks of the Passed Bill Committees. (27 Del. Laws, c. 12, §§ 2, 3; Code 1935, § 337; 29 Del. C. 1953, § 903; 70 Del. Laws, c. 186, § 1.) § 904 Passed Bill Committees; duties of. (a) If a bill or resolution is amended before final passage, the Passed Bill Committees shall have prepared a corrected copy of the bill or resolution which may be typed, printed or stenciled. (b) The Chairpersons of the Passed Bill Committees shall deliver the bill or resolution to the Governor and take the Governor’s receipt therefor and report to their respective Houses the bills or resolutions so delivered. (c) The Chairpersons of the Passed Bill Committees shall report to their respective Houses any bill or resolution which may become law without the Governor’s signature, in accordance with § 18, article III of the Constitution of the State. The House in which such act or resolution originated shall file it, under the hands of the presiding officer and clerk, with the Secretary of State, who shall publish the same as a law in the same manner as if the Governor had signed it. (d) The Chairpersons of the Passed Bill Committees shall report at least weekly to their respective Houses the acts and joint resolutions that have been signed by the Governor. (27 Del. Laws, c. 12, §§ 3-7; Code 1935, § 337; 29 Del. C. 1953, § 904; 53 Del. Laws, c. 7, § 1; 70 Del. Laws, c. 186, § 1.) § 905 Legislative journal; compiling; printing; content; disposition of originals. (a) The legislative journals shall be published following each general election for the 2-year period immediately preceding such election and the pages shall be 6 inches by 9 inches. (b) The full title of any bill, joint resolution or concurrent resolution shall be printed not more than 3 times in either journal, once when introduced or presented in either House, once when voted upon in either House and once in the index. In the event, however, that a substitute bill should change the wording of the title of any bill, then the full title of the substitute bill shall be printed 3 times only in the same manner as an original bill. The full title of a resolution not hereinbefore mentioned shall be printed in its respective journal only twice, once when introduced and once in the index. Page 64 Title 29 - State Government All bills and resolutions shall elsewhere be designated by initial letters and number only. (c) The journal text of the House of Representatives shall be prepared by the Clerk of the House and the journal text of the Senate shall be prepared by the Secretary of the Senate. The index for the house journal shall be prepared by the Chief Clerk of the House of Representatives and the index for the senate journal shall be prepared by the Secretary of the Senate. (d) [Repealed.] (e) Committee action on bills and resolutions shall show the title to the bill or resolution by initial and number only and action taken without naming the members of the committee. (f) The rules of the Senate and of the House shall be printed in its respective journal in full. (g) The yeas and nays which are required to be published in the journal shall be line in compact form. The certificate of election of no more than 1 member from each county shall be printed in full. A brief record that certificates of election of all other members were duly received and found to be correct shall suffice. Not more than 1 member’s constitutional oath of office and not more than 1 attache’s or employee’s oath shall be printed in full. A brief record that all other oaths were administered shall suffice. (h) The printing shall be done in accordance with contract made by the Director of Research of the Legislative Council or the Director’s designee and under the superintendence of the Clerks of the respective Houses. The Secretary of the Senate and the Clerk of the House, as soon as their respective journals have been printed and published, shall deliver the originals together with all communications, petitions and other related papers not otherwise provided for to the State Archivist and Records Administrator for proper disposition thereof. (Code 1852, §§ 31, 32; 17 Del. Laws, c. 35, § 2; 23 Del. Laws, c. 82; Code 1915, § 375; 40 Del. Laws, c. 76; Code 1935, § 344; 47 Del. Laws, c. 181; 48 Del. Laws, c. 146; 29 Del. C. 1953, § 905; 55 Del. Laws, c. 384, § 5; 59 Del. Laws, c. 253, § 8; 61 Del. Laws, c. 46, §§ 1-3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 382, § 5.) § 906 Printing of Session Laws; typographical errors; Executive Register. (a) The Director of Research of the Legislative Council or the Director’s designee shall as soon as practicable after the adjournment of the General Assembly have printed accurately in volume form, with an index thereto, copies of all bills enacted, all resolutions enacted requiring the approval of the Governor, executive orders and proclamations of the Governor, other than proclamations directing the repeal of corporate charters which are promulgated pursuant to legislative enactment, municipal charters or amendments to municipal charters adopted pursuant to a referendum and filed with the Secretary of State pursuant to Chapter 8 of Title 22 and other legislative and executive papers as may be required by Legislative Council. The printing of the Session Laws shall be done under contract made by the Director of Research of the Legislative Council or the Director’s designee and in accordance with the specifications furnished by the Director. In the preparation of such Session Laws for printing, the Director of Research of the Legislative Council or the Director’s designee in conjunction with the Delaware Code Revisors may correct obvious typographical errors but if there is any doubt as to whether a typographical error exists, the Director of Research of the Legislative Council or the Director’s designee and the Delaware Code Revisors shall print the law as enacted without correction. (b) The Secretary of State shall maintain and annually promulgate in such manner as the Secretary of State shall determine an Executive Register containing copies or abstracts of all official acts of the Governor and an index thereto, excepting therefrom acts and resolutions of the General Assembly. (21 Del. Laws, c. 9, §§ 1, 2; 23 Del. Laws, c. 82, § 5; 24 Del. Laws, c. 14; Code 1915, § 368; 36 Del. Laws, c. 77, § 2; Code 1935, § 338; 46 Del. Laws, c. 4; 29 Del. C. 1953, § 907; 49 Del. Laws, c. 66; 50 Del. Laws, c. 453, § 1; 50 Del. Laws, c. 584, § 1; 51 Del. Laws, c. 134, § 4; 55 Del. Laws, c. 350, § 1; 55 Del. Laws, c. 384, §§ 1, 2; 56 Del. Laws, c. 89, § 1; 59 Del. Laws, c. 253, § 9; 61 Del. Laws, c. 257, §§ 1, 2; 70 Del. Laws, c. 186, § 1.) § 907 Publication of private acts. The Director of Research of the Legislative Council or the Director’s designee shall exclude from the publication of the Session Laws of this State all acts of a private nature, unless such acts contain a provision directing their publication. (13 Del. Laws, c. 1, § 1; Code 1915, § 371; Code 1935, § 340; 29 Del. C. 1953, § 908; 59 Del. Laws, c. 253, § 10; 70 Del. Laws, c. 186, § 1.) § 908 Recording of private acts. Private acts such as are not of a public nature, nor published as such, shall be recorded in the Recorder’s office in 1 of the counties of this State within 12 months after their passage or they shall be void. Any person may, within that time, cause a copy, attested by the Secretary of State under the Secretary’s seal of office, to be recorded, and the record thereof or an office copy of such record shall be evidence. (Code 1852, § 30; Code 1915, § 374; Code 1935, § 343; 29 Del. C. 1953, § 909; 70 Del. Laws, c. 186, § 1.) § 909 Fees for certified copies of private acts. The Secretary of State shall demand and receive for the use of the State, on certifying any act or resolution of a private nature, a fee of $10, except that on certifying all acts of a private character pertaining to the acknowledgment or recording of deeds or other papers or to titles or conveyance of real estate the Secretary shall demand and receive for the use of the State a fee of $20 in each case. (13 Del. Laws, c. 1, § 4; 18 Del. Laws, c. 9; 19 Del. Laws, c. 551; 20 Del. Laws, c. 180; Code 1915, § 373; Code 1935, § 342; 29 Del. C. 1953, § 910; 70 Del. Laws, c. 186, § 1.) Page 65 Title 29 - State Government § 910 Consideration of agency rules during legislative interim. (a) Where an agency adopts a new rule or regulation, or makes a substantive change or amendment to its rules or regulations at any time during the legislative interim between July 1 and the second Tuesday in January, and the chairperson of a standing committee of either house believes in good faith that such rule, regulation, amendment or change impacts upon or is within the subject-matter jurisdiction of such standing committee, the chairperson may schedule a meeting of the committee to consider such rule, regulation, amendment or change. (b) Where more than 1 committee wishes to hold a meeting to consider the same rule, regulation, amendment or change, all such standing committees shall become a joint committee and shall remain in being as a joint committee for that purpose until the 1st day of the next following General Assembly session, or until the adjournment of such joint committee. A standing committee may withdraw from the joint committee at any time. Each such joint committee shall be co-chaired by a House standing committee chairperson and a Senate standing committee chairperson. (c) Each such joint committee shall have the power, by a majority vote of its members, to draft a committee report setting forth its suggestions and recommendations, and to request the President pro tempore of the Senate or the Speaker of the House to call a special session to consider committee recommendations. Each committee report shall be forwarded to the Legislative Oversight and Sunset Committee. (68 Del. Laws, c. 159, § 4; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 260, § 3.) § 911 Deliberative process. (a) Each bill, resolution or other legislative matter assigned to a standing committee shall pass through a prescribed deliberative process before being brought to the floor of either House, unless it is sooner petitioned out of committee. Such deliberative process shall include regularly scheduled preannounced meetings whereby the committee receives testimony from the general public, including those affected by the proposed legislation; considers an analysis of the proposed legislation; and by notice to the sponsor, makes time available for each formal sponsor to explain the legislation and answer possible committee questions. (b) Each Thursday each standing committee shall release a committee agenda which shall include, among other things, all matters to be considered by the committee at its next meeting; a listing of all bills being held in committee; and any other announcements from the committee including the times, places and dates of future meetings. (c) Minutes shall be taken at each formal standing committee meeting, and the results of any committee votes shall be recorded. Committee members who dissent from any committee decision shall be permitted, in the minutes, to state such dissent and the reasons therefor. (61 Del. Laws, c. 420, § 1.) § 912 Vote requirement for ratification of amendments to United States Constitution. The General Assembly shall not take action on any proposed amendment to the Constitution of the United States unless approved by 2/3 of the members elected to each branch of the General Assembly in a roll call vote. Such proposal shall be entered on the journals of each branch with the “ayes” and “nays” taken thereon. However, should the 2/3-vote requirement that the United States Congress presently requires to initiate an amendment to the United States Constitution change, this section shall simultaneously change so as to be compatible with the vote requirements of the United States Congress. (62 Del. Laws, c. 110, § 1.) § 913 Legislation affecting fees charged by state agencies. (a) All legislation proposing new fees or increases in existing fees charged by any state agency shall include therewith an explanation of: (1) The purpose of the proposed new fee or fee increase; (2) A general identification of the persons, business entities or organizations affected by the legislation; (3) Impact of the proposed new fees or fee increases on these affected persons, business entities or organizations; (4) Intended use by the agency of the revenues generated by the new fees or fee increases. (b) (1) The Office of the Controller General shall conduct such review or audit of the information offered by the agency pursuant to subsection (a) of this section as is deemed necessary to evaluate the reasons presented for the new fees or fee increases, and shall issue a written report of its findings. (2) The written report of the Office of the Controller General’s findings shall be attached to the legislation by the sponsor of the legislation prior to the legislation’s initial committee consideration in the House of origin. (c) Each House may waive the requirements of this section as to any specific legislation pending before such House by a vote of the majority of all members elected to such House. (68 Del. Laws, c. 216, § 1.) Page 66 Title 29 - State Government Part II The General Assembly Chapter 10 Legislative Conflicts of Interest § 1001 Findings; purpose. (a) The General Assembly hereby declares that public office is a public trust and that any effort to realize personal financial gain through public office other than compensation provided by law is a violation of that trust. In serving the public interest, it is a legislator’s right and responsibility to vote upon all questions before the House of which he or she is a member and to participate in the business of the House and its committees, and in doing so, he or she is presumed to be acting in good faith and in the public interest. (b) The General Assembly also acknowledges that the exercise of legislative rights is subject to limitations provided in article II, § 20 of the Delaware Constitution when personal or private interests conflict with the public interest. (c) The purpose of this chapter is to define the limitations of article II, § 20 of the Delaware Constitution and to provide for its implementation and enforcement. (67 Del. Laws, c. 419, § 1; 70 Del. Laws, c. 186, § 1.) § 1002 Restrictions relating to personal or private interest. (a) A legislator who has a personal or private interest in any measure or bill pending in the General Assembly shall disclose the fact to the House of which he or she is a member and shall not participate in the debate nor vote thereon; provided, that upon the request of any other member of the House or Senate, as the case may be, a legislator who has such a personal or private interest may nevertheless respond to questions concerning any such measure or bill. A personal or private interest in a measure or bill is an interest which tends to impair a legislator’s independence of judgment in the performance of his or her legislative duties with respect to that measure or bill. (b) A legislator has an interest which tends to impair his or her independence of judgment in the performance of his or her legislative duties with regard to any bill or measure when: (1) The enactment or defeat of the measure or bill would result in a financial benefit or detriment to accrue to the legislator or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons; or (2) The legislator or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by a measure or bill to a lesser or greater extent than like enterprises or other interests in the same enterprise; or (3) A person required to register as a legislative agent pursuant to Chapter 16 of this title is a close relative of the legislator and that person acts to promote, advocate, influence or oppose the measure or bill. (c) Disclosure required under subsection (a) of this section shall be made in open session: (1) Prior to the vote on the measure or bill by any committee of which the legislator is a member; and (2) Prior to the vote on the measure or bill in the House of which the legislator is a member. (d) A legislator who violates the provisions of this section shall be subject to such sanction as shall be prescribed by the House of which he or she is a member pursuant to rules adopted under article II, § 9 of the Delaware Constitution. (67 Del. Laws, c. 419, § 1; 70 Del. Laws, c. 186, § 1.) § 1003 Legislative Ethics Committees. (a) The House and the Senate shall each establish an Ethics Committee which shall have the responsibilities assigned in this section with respect to the enforcement of this chapter and such other responsibilities as may be assigned by the House or the Senate as the case may be. Each Ethics Committee may, upon the request of a member, provide a written advisory opinion as to the application of this chapter to a particular situation. Any member who acts in good faith in reliance upon any such written advisory opinion shall not be subject to any disciplinary proceeding by the respective House with respect to the matters covered by the advisory opinion provided there was a full disclosure to the Ethics Committee of all facts necessary for the opinion. All proceedings before an Ethics Committee in connection with an advisory opinion shall be confidential, subject to the following: (1) The legislator involved may waive the privilege of confidentiality; (2) The proceedings shall no longer be confidential and may be made public in any subsequent disciplinary proceeding if the legislator acts in disregard of an advisory opinion; and (3) Each Ethics Committee shall maintain records of its proceedings and advisory opinions which shall be available for reference by the Committee, subsequent Committees and their staff. (b) Each Committee shall investigate allegations of violations of this chapter by the members of the respective House and shall make recommendations to the respective House with respect thereto. If in the course of any proceeding, advisory or investigative, the Committee Page 67 Title 29 - State Government shall become aware of any substantial evidence of a violation of any law involving legislative conduct subject to its jurisdiction it shall report the same to the appropriate federal or state authorities. (67 Del. Laws, c. 419, § 1.) § 1004 Definitions. For the purposes of this chapter: (1) A “close relative” means a person’s parents, spouse, children (natural or adopted) and siblings of the whole and half-blood. (2) A person has a “financial interest” in a private enterprise if he or she: a. Has a legal or equitable ownership interest in the enterprise of more than 10% (1% in the case of a corporation whose stock is regularly traded on an established securities market); or b. Is associated with the enterprise and received from the enterprise during the last calendar year or might reasonably be expected to receive from the enterprise during the current or the next calendar year income in excess of $5,000 for services as an employee, officer, director, trustee or independent contractor; or c. Is a creditor of a private enterprise in an amount equal to 10% or more of the debt of that enterprise (1% or more in the case of a corporation whose securities are regularly traded on an established securities market). (3) A “person” means an individual, partnership, corporation, trust, joint venture and any other association of individuals or entities. (4) A “private enterprise” means any activity whether conducted for profit or not for profit and includes the ownership of real or personal property; provided, that “private enterprise” does not include any activity of the State, any political subdivision or any agency, authority or instrumentality thereof. (67 Del. Laws, c. 419, § 1; 70 Del. Laws, c. 186, § 1.) Page 68 Title 29 - State Government Part II The General Assembly Chapter 11 Legislative Council Subchapter I General Provisions § 1101 Creation of Legislative Council; composition. There is created a Legislative Council which shall be composed of 10 members of the General Assembly as follows: (1) From the Senate: The President Pro Tem, the Majority Leader, the Minority Leader, 1 member appointed by the President Pro Tem and 1 member appointed by the Minority Leader. (2) From the House: The Speaker of the House, the Majority Leader, the Minority Leader, 1 member appointed by the Speaker and 1 member appointed by the Minority Leader. (29 Del. C. 1953, § 1101; 55 Del. Laws, c. 322; 59 Del. Laws, c. 253, § 14.) § 1102 Term of office; vacancy. (a) The members of the Council who are not appointed shall serve during their term of office in the General Assembly and until their successors are selected. The members of the Council who are appointed shall be appointed at the first annual session of every new General Assembly and shall serve during their term of office in the General Assembly and until their successors are selected. (b) In the case of a vacancy in the office of any member of the Council who is not appointed, a successor shall serve during such member’s term of office in the General Assembly and until a successor has been selected. In the case of a vacancy in the office of any member of the Council who is appointed, a successor shall be appointed by the member of the Council occupying, at the time of the vacancy, the office from which the appointment was made. (29 Del. C. 1953, § 1102; 55 Del. Laws, c. 322; 70 Del. Laws, c. 186, § 1.) § 1103 Chairperson and Vice-Chairperson of the Council. (a) The President Pro Tem shall be Chairperson of the Council during odd-numbered years and Vice-Chairperson during even-numbered years. (b) The Speaker shall be Chairperson of the Council during even-numbered years and Vice-Chairperson during odd-numbered years. (29 Del. C. 1953, § 1103; 55 Del. Laws, c. 322; 70 Del. Laws, c. 186, § 1.) § 1104 Duties of the Council. The Council shall: (1) Summarize and digest information on matters relating to the general welfare of the State; (2) On its own initiative or at the direction of the General Assembly or of the Senate or House, make studies on subjects of interest and concern and, based thereon, recommend such legislation as the welfare of the State may require; (3) Recommend such codification and general revision of the Constitution and the laws of the State as may from time to time be necessary; (4) Recommend such changes in the rules and procedures of the Senate and House as may advance the consideration of legislation by the General Assembly; (5) Cooperate with and assist the work of interim committees or of commissions appointed at the direction of the General Assembly or of the Senate or House; (6) Cooperate with the appropriate committees of the General Assembly or of the Senate or House to assure efficient utilization of its employees; (7) Arrange for the obtaining of the printing needs and supplies and equipment of the General Assembly, subject to the laws of the State relating to the purchasing of state supplies; (8) Employ such staff as it deems necessary to carry out this chapter; (9) Prepare or cause to be prepared and drafted such bills, amendments, joint and concurrent resolutions, resolutions, memorials and revisions and substitutes thereto which are proposed to be introduced into the General Assembly as may be requested by any member of the General Assembly and otherwise render assistance, aid, information, counsel and advice in the preparation and drafting of any such proposed legislation; (10) Collect or call to be collected all available information relating to any matter which is the subject of proposed legislation by the General Assembly, to examine acts of any other state and to investigate all available sources of information; Page 69 Title 29 - State Government (11) Answer any and all inquiries for bills, resolutions, committee reports and abstracts, excerpts or copies of Laws of Delaware within the limits of available time and moneys and charging out-of-pocket expenses where such is determined appropriate for such abstracts, excerpts or copies; (12) In general, act as a reference bureau for all matters relating or pertaining to legislative matters and subjects, whether enacted by this State or any other state or whether proposed by this or other states, at the request of any member of the General Assembly. (29 Del. C. 1953, § 1104; 55 Del. Laws, c. 322; 59 Del. Laws, c. 253, § 13.) § 1105 Powers of the Council. The Council shall: (1) Receive recommendations and suggestions for studies or legislation from all sources; (2) Appoint committees and subcommittees which shall include only members of the General Assembly and at least 1 Council member and which shall be subject to the authority of the Council; (3) Adopt such rules and procedures as may be necessary or appropriate to carry out its duties; (4) Request information from any officer or agency of the State or of its political subdivisions bearing on subjects under consideration by the Council or by any of its committees or subcommittees. (29 Del. C. 1953, § 1105; 55 Del. Laws, c. 322.) § 1106 Director of Research; qualifications; compensation; removal. (a) The Council shall appoint, with the consent of a majority of the members elected to each House of the General Assembly, a Director of Research who shall serve full time. The Director shall: (1) Be licensed to practice law before the Supreme Court of this State; or (2) Have been awarded a master of arts or master of science degree from an accredited college or university; or (3) Have been awarded a bachelor of arts or a bachelor of science degree from an accredited college or university and have had 3 years experience in governmental research. (b) The Director of Research shall receive such compensation as shall be determined by the Council, subject to the limitations contained in the annual appropriation act. (c) The Director of Research, upon appointment, shall serve for so long as the Director properly performs the duties of Director and shall not be removed except for cause and only then upon the affirmative vote of 8 members of the Council. (29 Del. C. 1953, § 1106; 55 Del. Laws, c. 322; 70 Del. Laws, c. 186, § 1.) § 1107 Duties of the Director of Research. (a) The Director of Research shall: (1) Organize and supervise the Research Division of the Council; (2) Submit and publish such reports as the Council directs; (3) Employ or engage assistants, stenographers and other persons or research agencies, subject to the approval of the Council; (4) Assist any member of the General Assembly with respect to present or prospective legislation within the limits of the Director’s staff and budget. (b) The Director of Research shall be the Secretary of the Council. The Director shall prepare the agenda for meetings pursuant to the direction of the Chairperson. The Director shall cause to be kept the minutes of the Council and shall submit a copy thereof to the members of the General Assembly within 15 days of each meeting of the Council. (29 Del. C. 1953, § 1107; 55 Del. Laws, c. 322; 70 Del. Laws, c. 186, § 1.) § 1108 Meetings; quorum. (a) The Council shall meet at the call of the Chairperson and at such place as the Chairperson shall designate. Meetings of the Council shall also be called by the Chairperson upon the written request of 6 members and upon 48 hours’ notice to the members of the Council. (b) No less than 6 members of the Council shall constitute a quorum, and no act of the Council shall be valid unless approved by at least 6 members. (29 Del. C. 1953, § 1108; 55 Del. Laws, c. 322; 66 Del. Laws, c. 54, § 1; 70 Del. Laws, c. 186, § 1.) § 1109 Annual report. The Council shall submit an annual report of its activities to the members of the General Assembly and to the Governor, which shall become a part of the journal of the Senate and House. (29 Del. C. 1953, § 1109; 55 Del. Laws, c. 322.) § 1110 Controller General; responsibility; duties; compensation. (a) The Council shall appoint a Controller General who, primarily, shall work with and assist the Joint Finance Committee of the General Assembly. Page 70 Title 29 - State Government (b) The Controller General shall: (1) At all times have full and complete access to all records of all agencies of the state government; (2) Participate in any or all hearings held by the Joint Finance Committee of the General Assembly, the Director of the Office of Management and Budget or other state agencies in connection with contemplated general fund budget appropriations, capital improvement programs or supplementary appropriations; (3) Request and obtain from any state agency all reasonable information and data as directed by the Joint Finance Committee to assist the General Assembly in the effective discharge of its state financial responsibilities; and (4) Perform such duties as may be assigned or delegated to the Controller General by the Legislative Council. (c) The Controller General has the authority to perform management and program reviews. Management and program reviews shall include, but are not limited to, any analyses necessary to determine operational efficiency and effectiveness, compliance with the laws of Delaware and legislative intent. (d) The Council shall provide a secretary and such other aides as may be necessary to enable the Controller General to perform such functions. (e) The Controller General, the secretary to the Controller General and such other aides as shall be employed to assist the Controller General shall receive such compensation, including salaries and other necessary expenses, as shall be determined by the Council, subject to the limitations imposed in the annual appropriation act. (29 Del. C. 1953, § 1110; 57 Del. Laws, c. 277; 62 Del. Laws, c. 277, § 18; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 21(13).) Subchapter II Session Laws and Legislative Journals § 1120 Custody. The Director of Research of the Legislative Council or the Director’s designee shall receive and exercise control over all inventory of Session Laws and legislative journals for sale and distribution as provided by law. (59 Del. Laws, c. 253, § 12; 64 Del. Laws, c. 329, § 1; 70 Del. Laws, c. 186, § 1.) § 1121 Sale. The Director of Research of the Legislative Council or the Director’s designee shall make available for sale all inventories of Session Laws and legislative journals in the State for such sum not less than the cost for preparation. All sums received from the sale of books shall become a part of the General Fund of this State. Sale of the Delaware Code and the Delaware Code pocket parts shall be in accordance with § 108 of Title 1. (59 Del. Laws, c. 253, § 12; 64 Del. Laws, c. 329, § 1; 70 Del. Laws, c. 186, § 1.) § 1122 Distribution to state agencies and legislators. The Director of Research of the Legislative Council or the Director’s designee shall distribute gratis copies of the Session Laws and legislative journals in the inventory to such agencies and public officials of the State as show a need for them. As soon as possible after publication, the Director of Research shall distribute gratis to each person who was a member of the General Assembly to which the books related a copy of the Session Laws enacted by that General Assembly and a copy of the journals of that session. (59 Del. Laws, c. 253, § 12; 64 Del. Laws, c. 329, § 1; 70 Del. Laws, c. 186, § 1.) § 1123 Free distribution with libraries. The Director of Research of the Legislative Council or the Director’s designee shall transmit a copy of the Session Laws and a copy of the journal of each House as soon after the books are published as practical to each of the following: The Library of Congress, the Delaware Historical Society, the Wilmington Institute Free Library and to public law libraries within the State, 2 copies each. No agency except a public law library shall be entitled to receive gratis more than 1 copy of each book from the State, from whatever source received. (59 Del. Laws, c. 253, § 12; 64 Del. Laws, c. 329, § 1; 70 Del. Laws, c. 186, § 1.) § 1124 Exchanging. The Director of Research of the Legislative Council or the Director’s designee in conjunction with the State Law Library in Kent County shall forward a copy of the Session Laws and the legislative journals published by or under the authority of the State to each state, territory or district of the United States which exchanges its books with the State Law Library in Kent County and may exchange books with any province of Canada and foreign country that exchanges its books with the State Law Library in Kent County. In the event that any state, territory, district, province or country does not exchange Session Laws and legislative journals published by it or under its Page 71 Title 29 - State Government authority or does not exchange a book or set of books equivalent to sets of books published by the State, then the Director of Research may refuse to transmit to such state, territory, district, province or country such books of the State. The Director of Research of the Legislative Council or the Director’s designee may also exchange books of the State for books of equal value received from other sources. (59 Del. Laws, c. 253, § 12; 64 Del. Laws, c. 329, § 1; 70 Del. Laws, c. 186, § 1.) Subchapter III Agency Regulations § 1131 Legislative findings. The General Assembly has conferred on boards, commissions, departments and other agencies of the Executive Branch of State Government the authority to adopt regulations. The General Assembly has found that this delegation of authority has resulted in regulations being promulgated without effective review or oversight and conformity to legislative intent. The General Assembly finds that they must provide a procedure of oversight and review of regulations pursuant to this delegation of legislative power to curtail excessive regulations and to establish a system of accountability. It is the intent of this subchapter to establish an effective method of ongoing review, accountability and oversight of regulations. It is further the intent of this subchapter to provide review by requiring a comment period following the proposal of regulations and requiring the agency to review any comments submitted. (69 Del. Laws, c. 107, § 4; 71 Del. Laws, c. 48, § 1.) § 1132 Definitions. (1) “Agency” means as defined in § 10102 of this title. (2) “Division” means the Division of Research of Legislative Council as established pursuant to this chapter. (3) “Official regulation” means a regulation in its final form as adopted by an order as defined in § 10118 of this title and filed with the Registrar of Regulations. (4) “Register of Regulations” means a publication authorized and recognized by law published for public information purposes, providing public notice of changes in agency regulations, whether new, modified or repealed, together with supplemental information as deemed appropriate by the Registrar. (5) “Registrar” means an employee of the Division charged with the responsibility of compiling, maintaining and publishing the Register of Regulations. (6) “Regulation” means as defined in § 10102 of this title. (69 Del. Laws, c. 107, § 4; 71 Del. Laws, c. 48, § 2; 72 Del. Laws, c. 88, § 1.) § 1133 Register of Regulations. The Division shall establish, maintain and publish an official Register of Regulations at the Division. The Register of Regulations shall provide public notice of all proposed regulation or regulations to be adopted, amended or repealed, indexed by agency and subject matter with: (1) Text or summary of the proposed regulation or regulations to be adopted, amended or repealed, nature of the proceedings including a synopsis of the subject, substance, issues and possible terms of the agency action and a reference to the legal authority of the agency to act; (2) A statement of the manner in which persons may present their views: a. If in writing, of the place to which and the final date by which such views may be submitted; b. If at a public hearing, the date, time and place of the hearing; (3) The place or places where the proposed regulations to be adopted, amended or repealed may be inspected or copied; (4) The fee or other requirements for obtaining copies of same. (69 Del. Laws, c. 107, § 4; 71 Del. Laws, c. 48, § 3; 72 Del. Laws, c. 88, § 2.) § 1134 Powers and duties of the Registrar in preparation and maintenance of the Register of Regulations. (a) The Registrar in the course of compiling and maintaining the Register of Regulations shall: (1) In writing, notify all agencies authorized to make regulations that they are to submit to the Division copies of all proposed regulations as well as all subsequent amendments, repeals, additions or new or proposed regulations as they are proposed and statements of purpose thereof; (2) Advise agencies as to the form and style of the regulations, as well as, to the extent practicable, the classification thereof into categories of substance, procedure and organization; (3) Have the authority to make revisions to both proposed and existing regulations that do not alter the sense, meaning or effect of such regulations, including, but not limited to: Page 72 Title 29 - State Government a. Renumbering and rearranging sections or parts of sections; b. Transferring of sections or dividing of sections so as to give to distinct subject matters a separate section number, but without changing the meaning; c. Inserting or changing the wording of headnotes; d. Change reference numbers to agree with renumbered regulations or sections thereof; e. Substituting the proper section or regulation number for the terms “this regulation”, “the preceding section” and the like; f. Striking out figures where they are merely a repetition of written words and vice versa; g. Changing capitalization for the purpose of uniformity; h. Correcting of manifest typographical and grammatical errors; and i. Making any other purely formal or clerical changes in keeping with the purpose of the revision. (4) Have the authority to promulgate rules and regulations; (5) Have authority to publish the full text or a summary of proposed, final or emergency regulations; and (6) Publish the following month all proposed regulations received by the 15th of the month preceding. (b) The Registrar may include in the Register of Regulations such other governmental information as the Registrar deems appropriate. (69 Del. Laws, c. 107, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 48, §§ 4, 12; 72 Del. Laws, c. 88, § 3.) § 1135 Duties of state agencies. Each agency shall submit to the Division a general description of its organization, its methods of operation, the name, address and telephone number of a contact person or persons that will be responsible for submitting proposed, adopted or regulations to be repealed to the Registrar, and a current copy of existing regulations. The contact person shall have a general working knowledge of the agency’s functions, responsibilities and internal procedures and familiarity with the Administrative Procedures Act. The submission shall include a brief statement of the nature and requirements of all rules of practice and the procedure used by the agency to exercise its statutory authority of promulgating regulations. (69 Del. Laws, c. 107, § 4; 69 Del. Laws, c. 181, § 2; 71 Del. Laws, c. 48, §§ 5, 6.) § 1136 Public distribution of the register. The Division shall cause the register to be published for public distribution on the first day of each calendar month. The register shall be made available to the public for inspection and copies provided to any person so requesting same for a nominal fee to be set by the Registrar. The amount to be charged for copies of the register shall approximate and reasonably reflect all costs necessary to defray the expenses of the register as well as the proportional expenses incurred by the Division in carrying out the responsibilities of this subchapter. In addition, copies of the register shall be provided gratis to the law libraries located within each county, to all public libraries in each county, to the 2 state daily newspapers and the Director of the Division of Libraries. Any additions and corrections to the register shall likewise be made available as soon as practicable. (69 Del. Laws, c. 107, § 4.) Page 73 Title 29 - State Government Part II The General Assembly Chapter 15 Commission on Uniform State Laws § 1501 Continuation; composition; qualifications of members. (a) The Commission on Modernization of State Laws referred to in this chapter as the “Commission” is continued and renamed the Commission on Uniform State Laws. (b) The Commission shall consist of 5 persons. Four Commissioners shall be appointed by the Governor, and shall serve at the Governor’s pleasure. No more than 2 appointed Commissioners shall reside in any county, and there shall be at least 1 Commissioner from each county. All Commissioners shall hold office until their successors are appointed. (c) The Director of Research of the Legislative Council of Delaware shall also be a Commissioner. If the Director is not eligible to be a Commissioner, or declines to serve, the Director may designate an employee of the Legislative Council, who is qualified to be a Commissioner, to serve as a Commissioner. (d) Any person who is elected to be a life member of the National Conference of Commissioners on Uniform State Laws shall also be a Commissioner. The Commissioner serving pursuant to this subsection shall not be counted as one of the Commissioners appointed pursuant to subsection (b) of this section. (e) Each of the Commissioners shall be a member of the Bar of this State in good standing. (29 Del. Laws, c. 60, § 1; 29 Del. C. 1953, § 1501; 53 Del. Laws, c. 191; 59 Del. Laws, c. 253, § 16; 61 Del. Laws, c. 483, § 1; 70 Del. Laws, c. 186, § 1.) § 1502 Powers and duties; reports. The Commissioners shall examine all subjects on which uniformity with the laws of other states is desirable, shall represent this State in the National Conference of Commissioners on Uniform State Laws and, in convention, conference or congress of like commissions of other states, shall consider and draft uniform or model laws to be submitted for the approval and adoption by the several states and this State and shall devise and recommend such courses of action as shall best accomplish the purpose of this chapter. The Commissioners shall report to the Governor, to the General Assembly and to the Legislative Council before the convening of each regular session of the General Assembly. (29 Del. Laws, c. 60, § 2; 29 Del. C. 1953, § 1502; 53 Del. Laws, c. 191; 59 Del. Laws, c. 253, § 17; 61 Del. Laws, c. 483, § 2.) § 1503 Expenses; contributions to the National Conference of Commissioners on Uniform State Laws. The Commissioners may hire personnel and shall be entitled to receive their actual disbursements for expenses in performing the duties of their office. The Commissioners may contribute a reasonable sum toward the expense of holding the National Conference of Commissioners on Uniform State Laws. The amounts needed by the Commission for its operations and its contribution to the National Conference of Commissioners on Uniform State Laws shall be appropriated annually or biennially by the General Assembly. (29 Del. Laws, c. 60, § 3; 29 Del. C. 1953, § 1503; 53 Del. Laws, c. 191.) Page 74 Title 29 - State Government Part II The General Assembly Chapter 16 Registration of Legislative Agents [Repealed]. §§ 1601-1607 Definitions; registration of legislative agents with Legislative Council; employer’s authorization to act; compensation of agent not to be substantially dependent on outcome of legislative action of General Assembly; reports by legislative agents; when registration, report or authorization is considered as filed; violation and penalties [Repealed]. Repealed by 69 Del. Laws, c. 467, § 28, eff. Jan. 15, 1996. Page 75 Title 29 - State Government Part II The General Assembly Chapter 17 Emergency Interim Legislative Succession § 1701 Short title. This chapter is known as and may be cited as the “Emergency Interim Legislative Succession Act.” (29 Del. C. 1953, § 1701; 53 Del. Laws, c. 140; 81 Del. Laws, c. 449, § 8.) § 1702 Declaration of policy. The General Assembly declares all of the following: (1) The possibility of an emergency event exists that may result in the death or inability to act of a large proportion of the membership of the General Assembly. (2) To comply with existing legal requirements pertaining to the General Assembly during an emergency event would be impracticable, would cause undue delay, and would jeopardize continuity of operation of a legally constituted General Assembly. (3) It is necessary to adopt special provisions as set out in this chapter for the effective operation of the General Assembly. (29 Del. C. 1953, § 1702; 53 Del. Laws, c. 140; 81 Del. Laws, c. 449, § 9.) § 1703 Definitions. As used in this chapter: (1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes. (2) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following: a. Threatens the life, health, or safety of the public. b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities. c. Makes the continuation of normal government operations difficult or impossible. (3) “Incumbent member” means the individual holding an office under this chapter before the emergency event. (4) “Member” means a member of the General Assembly under Article II of the Delaware Constitution. (5) “Unavailable” means absent from the place of session other than on official business of the General Assembly or unable, for physical, mental, or legal reasons, to exercise the powers and discharge the duties of a member of the General Assembly, whether or not such absence or inability would give rise to a vacancy under the Delaware Constitution or other law of this State. (29 Del. C. 1953, § 1703; 53 Del. Laws, c. 140; 81 Del. Laws, c. 449, § 10.) § 1704 Designation of emergency interim successors to members. Each member shall do all of the following: (1) Designate not fewer than 3 nor more than 7 emergency interim successors to the member’s powers and duties. (2) Specify the order of succession of the individuals selected under paragraph (1) of this section. (3) Review and revise the designations of emergency interim successors to the member’s powers and duties to ensure that at all times there are at least 3 qualified emergency interim successors. (29 Del. C. 1953, § 1704; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 11.) § 1705 Status, qualifications, and term of emergency interim successors. (a) An emergency interim successor is an individual who is designated for possible temporary succession to the powers and duties, but not the office, of a member. (b) An individual may not be designated or serve as an emergency interim successor unless the individual may, under the Delaware Constitution or other law of this State, hold the office of the member to whose powers and duties the individual is designated to succeed. However, no provision of the Delaware Constitution or other law of this State prohibiting a member from holding another office or prohibiting the holder of another office from being a member is applicable to an emergency interim successor. (c) An emergency interim successor serves at the pleasure of the member designating the individual or of any subsequent incumbent of the legislative office. (29 Del. C. 1953, § 1705; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 12.) Page 76 Title 29 - State Government § 1706 Contingent method of designating emergency interim successors. (a) Before an emergency event, if a member fails to designate the required minimum number of emergency interim successors within 30 days of the member’s taking of the oath of office, or, after such period, if for any reason the number of emergency interim successors for any member falls below the required minimum and remains below such minimum for a period of 30 days, then the required minimum number of emergency interim successors must be designated under the following procedures: (1) The President Pro Tempore of the Senate shall designate as many emergency interim successors for the members of the majority party in the Senate as are required to achieve such minimum number. (2) The Minority Leader of the Senate shall designate as many emergency interim successors for the members of the minority party in the Senate as are required to achieve such minimum number. (3) The Speaker of the House of Representatives shall designate as many emergency interim successors for the members of the majority party in the House of Representatives as are required to achieve such minimum number. (4) The Minority Leader of the House of Representatives shall designate as many emergency interim successors for the members of the minority party in the House of Representatives as are required to achieve such minimum number. (b) The President Pro Tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives may not assign to any of their designees a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a member for succession to the member’s own powers and duties. (c) (1) Each emergency interim successor designated under subsection (a) of this section serves at the pleasure of the individual designating the successor. (2) Notwithstanding paragraph (c)(1) of this section, the member for whom the emergency interim successor is designated may change the rank in order of succession, or replace at the member’s pleasure, any emergency interim successor designated under subsection (a) of this section. (29 Del. C. 1953, § 1706; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 13.) § 1707 Recording and publication. (a) Following a member’s election, the Secretary of the Senate or the Chief Clerk of the House of Representatives, whichever is appropriate, shall distribute to the member information regarding the member’s responsibilities under this chapter and a form to make the designation under § 1704 of this title. (b) The designation of an emergency interim successor becomes effective when the member making the designation under § 1704 or § 1706 of this title files with the Secretary of State and the Director of the General Assembly’s Division of Research all of the following information: (1) The successor’s name. (2) Contact information, including address, home and mobile phone number, and electronic mail address. (3) Rank in order of succession. (c) The removal of an emergency interim successor or change in order of succession becomes effective when the member so acting files this information with the Secretary of State and the Director of the General Assembly’s Division of Research. (d) The Secretary of State shall inform the Governor, the Delaware Emergency Management Agency, and all emergency interim successors of all such designations, removals, and changes in order of succession. (29 Del. C. 1953, § 1707; 53 Del. Laws, c. 140; 81 Del. Laws, c. 449, § 14.) § 1708 Oath of emergency interim successors. At the time of an individual’s designation as a member’s emergency interim successor, the individual shall take the oath required for the member to whose powers and duties the successor is designated to succeed. No other oath is required. (29 Del. C. 1953, § 1708; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 15.) § 1709 Duty of emergency interim successors and members. (a) Each emergency interim successor shall keep generally informed as to the duties, procedures, practices, and current business of the General Assembly. (b) Each member shall assist the member’s emergency interim successors to keep informed as required under subsection (a) of this section. (29 Del. C. 1953, § 1709; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 16.) § 1710 Place of meeting of the General Assembly. If in anticipation of, during, or after an emergency event, the Governor deems the place of session of the General Assembly then prescribed to be unsafe, the Governor may change it to any place within or without the State which the Governor deems safer and convenient. (29 Del. C. 1953, § 1710; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 17.) Page 77 Title 29 - State Government § 1711 Convening of General Assembly in event of an emergency event. (a) If an emergency event requiring action by the General Assembly occurs, the Governor shall call the General Assembly into session as soon as practicable or within 90 days following the inception of the emergency event, whichever occurs first. (b) If the Governor fails to issue the call under subsection (a) of this section, the General Assembly shall, on the ninetieth day from the date of inception of the emergency event, automatically convene at the place where the Governor then has an office. (c) Each member and each emergency interim successor, unless the emergency interim successor is certain that the member to whose powers and duties the emergency interim successor is designated to succeed or an emergency interim successor higher in order of succession is available, shall proceed to the place of holding the General Assembly as expeditiously as practicable. (d) Limitations on the length of legislative session and the subjects that may be acted upon during legislative session that are contained in the Delaware Constitution do not apply to any legislative session convened under this section, in session at the inception of the emergency event, or in session after the emergency event and during the application of this chapter. (29 Del. C. 1953, § 1711; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 18.) § 1712 Assumption of powers and duties of member of emergency interim successor. (a) If, in the event of an emergency event, a member is unavailable, the member’s emergency interim successor highest in order of succession who is not unavailable shall exercise the powers and assume the duties of the member, except for the power and duty to appoint emergency interim successors under this chapter. (b) An emergency interim successor shall exercise the powers and assume the duties under subsection (a) of this section until 1 of the following can act: (1) The incumbent member. (2) An emergency interim successor higher in order of succession. (3) A member appointed or elected and legally qualified. (c) Each House of the General Assembly shall, in accordance with its own rules, determine who is entitled under this chapter to exercise the powers and assume the duties of its members. (d) All provisions of the Delaware Constitution and other laws of this State pertaining to the ouster of a member are applicable to an emergency interim successor who is exercising the powers and assuming the duties of a member. (29 Del. C. 1953, § 1712; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 19.) § 1713 Privileges, immunities, and compensation of emergency interim successors. (a) If an emergency interim successor exercises the powers and assumes the duties of a member, the successor must be accorded the privileges and immunities, compensation, allowances, and other perquisites of office to which a member is entitled. (b) In the event of an emergency event, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a member, must be accorded the privileges and immunities of a member while traveling to and from a place of session and must be compensated for such travel in the same manner and amount as a member. (c) This section does not affect the privileges and immunities, compensation, allowances, or other perquisites of office of an incumbent member. (29 Del. C. 1953, § 1713; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 449, § 20.) § 1714 Quorum and vote requirements. In the event of an emergency event, all of the following apply: (1) Quorum requirements for the General Assembly are suspended. (2) If the affirmative vote of a specified proportion of members for approval of a bill, resolution, or other action would otherwise be required, the same proportion of those present to vote on the bill, resolution, or other action is sufficient. (29 Del. C. 1953, § 1714; 53 Del. Laws, c. 140; 81 Del. Laws, c. 449, § 21.) § 1715 Termination of operation of this chapter. (a) The following expires 2 years following the inception of an emergency event: (1) The authority of emergency interim successors to succeed to the powers and duties of members under § 1712 of this title. (2) The operation of this chapter relating to quorum and the number of affirmative votes required for General Assembly action under § 1714 of this title. (3) Limitations on the length of sessions and the subjects which may be acted upon under § 1711(d) of this title. (b) Notwithstanding subsection (a) of this section, nothing in this chapter prevents the resumption before the time limit under subsection (a) of this section of the filling of legislative vacancies in the General Assembly and the calling of elections for the General Assembly in accordance with applicable provisions of the Delaware Constitution or other law of this State. Page 78 Title 29 - State Government (c) The Governor, acting by proclamation, or the General Assembly, acting by concurrent resolution, may extend or restore the operation of this chapter upon a finding that the emergency event or its effects render the extension or restoration necessary. An extension or restoration under this subsection may not be established for a period of more than 1 year. (29 Del. C. 1953, § 1715; 53 Del. Laws, c. 140; 81 Del. Laws, c. 449, § 22.) Page 79 Title 29 - State Government Part II The General Assembly Chapter 19 Fiscal Projections § 1901 Bills and joint resolutions which appropriate or mandate or contemplate a subsequent appropriation. (a) Any bill or joint resolution in either House of the General Assembly which authorizes expenditures not previously authorized within the annual budget for the fiscal year in which the expenditure is to be incurred or which because of the provisions of the bill or joint resolution would authorize expenditures not specifically provided for in the bill or joint resolution shall include a 3-year fiscal projection. The 3-year fiscal projection shall be attached by the sponsor prior to its initial committee consideration in the House of origin. (b) Any bill or joint resolution in either House of the General Assembly which relates to any public pension or retirement plan applicable to any person including, but not limited to, any public employee, officer or appointee of the State that would authorize or necessarily involve expenditures not authorized within the annual budget for the fiscal year in which the expenditure is to be incurred or which, because of the provisions of the bill or joint resolution, would authorize or necessarily involve expenditures not specifically provided for in the bill or joint resolution, shall include a fiscal projection reflecting the estimated actuarial long-term cost of the proposed bill or resolution whether or not such pension or retirement plan is funded on an actuarial reserve basis. The long-term fiscal projection shall be attached by the sponsor prior to its initial committee consideration in the House of origin. (29 Del. C. 1953, § 1901; 59 Del. Laws, c. 41, § 1; 60 Del. Laws, c. 58, § 1; 62 Del. Laws, c. 178, § 1.) § 1902 Contents of fiscal projection. The 3-year projection shall be a statement describing, as accurately as can reasonably be ascertained, all requirements, obligations assumed by the State and other consequences of the bill or joint resolution having a fiscal impact on the State for each of the 3 fiscal years following the effective date of the bill or joint resolution. Such fiscal projection shall, where applicable, include full cost data including, but not limited to, salaries, operating costs, other employment costs (fringe benefits), capital outlay and debt service. Fiscal projections required in this chapter shall be prepared on forms prescribed by the Controller General. If the fiscal projection is not prepared by the Controller General, it shall contain a statement by the Controller General that the Controller General concurs in the sponsor’s projection of the fiscal impact of the bill or joint resolution as set forth in the fiscal projection or that the Controller General finds contrary or additional fiscal data which should be included in the fiscal projection. The Controller General shall point out particular ways in which the bill or joint resolution may escalate costs or reduce revenue to the State. The fiscal projection must also state how the estimates were calculated and from what facts or assumptions. In the case of a bill or joint resolution authorizing expenditures or relating to pension or retirement plan as defined by § 1901(b) of this title, such projection shall, in addition to the other requirements of this section, state the estimated actuarial long-term cost of the proposed bill or joint resolution as obtained by the Controller General from the Board of Pension Trustees or other qualified actuarial source. All fiscal projections shall be reviewed or prepared by the Controller General and the same shall be reported to the sponsor in writing. (29 Del. C. 1953, § 1902; 59 Del. Laws, c. 41, § 1; 62 Del. Laws, c. 178, § 2; 70 Del. Laws, c. 186, § 1.) § 1903 Fiscal projection when revenue reduced. Any bill or joint resolution which would have the effect of reducing state revenue must have a 1-year projection attached thereto, which projection shall describe, as accurately as can reasonably be ascertained, the loss of revenue to the State for the first full fiscal year after the effective date of the legislation and the rationale used in determining such fiscal impact. The Controller General’s responsibility herein shall be the same as in § 1902 of this title. (29 Del. C. 1953, § 1903; 59 Del. Laws, c. 41, § 1.) § 1904 Revision of fiscal projection. The Controller General shall revise the fiscal projection with each successive state of the legislative process in which any amendment or substitute bill is introduced which changes the fiscal effect of the bill or joint resolution. Such revised fiscal projections must be included with each such amendment or substitute bill at the time of introduction. Fiscal projections previously attached to the bill or joint resolution shall remain with the bill or joint resolution and shall not be removed. (29 Del. C. 1953, § 1904; 59 Del. Laws, c. 41, § 1.) § 1905 Federal matching funds. Any bill or joint resolution which provides for the expenditure of state funds not authorized in the annual budget bill for the fiscal year in which the expenditure is to be incurred, in order to qualify for or otherwise receive federal funds, shall include a 3-year fiscal projection. The fiscal projection shall describe, as accurately as can reasonably be ascertained, the total anticipated expenditures of such program or agency, the total amount to be expended or committed by the federal government for each of the 3 fiscal years, the total amount to be expended by the State for each of the 3 fiscal years and when the federal funding is likely to be concluded. (29 Del. C. 1953, § 1905; 59 Del. Laws, c. 41, § 1.) Page 80 Title 29 - State Government § 1906 Local school district funds. Any bill or resolution in either House of the General Assembly which provides for or requires the expenditure of any local school district current expense funds shall include a 3-year fiscal projection. The 3-year fiscal projection shall be attached by the sponsor prior to its initial committee consideration in the House of origin. (63 Del. Laws, c. 287, § 2.) § 1907 Effect on legislative analysis. No provision of this chapter shall be deemed to prevent or limit the preparation of any analysis of any bill or joint resolution by the staff of the Legislative Council or by attorneys of the Senate or House of Representatives when such analysis is requested by a member of the General Assembly. (29 Del. C. 1953, § 1906; 59 Del. Laws, c. 41, § 1; 63 Del. Laws, c. 287, § 1.) § 1908 Waiver by majority. Each House may waive the requirements of this chapter as to any specific legislation pending before such House by a vote of the majority of all members elected to such House. (29 Del. C. 1953, § 1907; 59 Del. Laws, c. 41, § 1; 63 Del. Laws, c. 287, § 1.) Page 81 Title 29 - State Government Part III State Offices Created by Constitution Chapter 21 Governor § 2101 Salary. The annual salary of the Governor shall be $107,000, commencing with the day of inauguration. (Code 1852, § 466; 21 Del. Laws, c. 51; 23 Del. Laws, c. 61; Code 1915, § 389; 34 Del. Laws, c. 53, § 1; Code 1935, §§ 363, 373A; 47 Del. Laws, c. 348, § 1; 48 Del. Laws, c. 150, § 1; 29 Del. C. 1953, § 2101; 51 Del. Laws, c. 1; 54 Del. Laws, c. 376; 56 Del. Laws, c. 411, § 1; 63 Del. Laws, c. 351, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 1, § 1.) § 2102 Request for judicial opinions. The Governor may, whenever the Governor requires it for public information or to enable the Governor to discharge the duties of office with fidelity, request the members of the Supreme Court to give their opinions in writing touching the proper construction of any provision in the Constitution of this State or of the United States or the constitutionality of any law enacted by the General Assembly of this State. (Code 1852, § 482; Code 1915, § 402; Code 1935, § 374; 29 Del. C. 1953, § 2102; 70 Del. Laws, c. 186, § 1.) § 2103 Suspension of execution of death sentence. The Governor, in every act suspending the execution of a sentence of death, shall appoint a day for doing such execution, and specify 2 hours between which it shall be done. (Code 1852, § 483; Code 1915, § 403; Code 1935, § 375; 29 Del. C. 1953, § 2103.) § 2104 Review of National Guard. The Governor may review the volunteer forces or the National Guard of the State at the Governor’s pleasure. (Code 1852, § 485; Code 1915, § 405; Code 1935, § 376; 29 Del. C. 1953, § 2104; 70 Del. Laws, c. 186, § 1.) § 2105 Rewards for arrest and conviction. The Governor may, whenever there are reasonable grounds for the belief that the laws of this State have been violated and it is necessary for the purpose of securing the arrest of the persons offending that a reward should be offered for the arrest and conviction of such persons, issue a proclamation offering such reward as in the opinion of the Governor and the Attorney General is proper for such arrest and conviction. Upon the arrest and conviction, the amount so offered shall be paid upon a warrant drawn by the Governor on the State Treasurer in favor of the persons, certified by the Attorney General to be entitled thereto, out of any money in the Treasury not otherwise appropriated. The reward shall not exceed the sum of $250 in cases of felonies not capital and shall not exceed the sum of $2,000 in capital felonies. No reward shall be paid to any officer who arrests such person in the regular discharge of the officer’s duty by virtue of process in the officer’s hands to be executed nor to any person who has arrested the offender previous to the publication of the reward. (15 Del. Laws, c. 345; 20 Del. Laws, c. 598; 26 Del. Laws, c. 280; Code 1915, § 406; Code 1935, § 377; 29 Del. C. 1953, § 2105; 70 Del. Laws, c. 186, § 1.) § 2106 Use of signature stamp. In the preparation of marriage licenses and other licenses, the Governor may stamp the same with an autograph signature stamp. (22 Del. Laws, c. 272, § 1; Code 1915, §§ 273, 427A; 28 Del. Laws, c. 40; Code 1935, §§ 245, 385; 29 Del. C. 1953, § 2106.) § 2107 Mother’s Day proclamation. The Governor may issue annually a proclamation calling upon the state officials to display the United States flag on all state and school buildings and the people of the State to display the flag at their homes, lodges, churches and places of business and other suitable places on the second Sunday in May, known as Mother’s Day, founded by Anna Jarvis, as a public expression of love and reverence for the mothers of our State and the women serving it and as an inspiration for better homes and closer ties between them and the State. (31 Del. Laws, c. 73; Code 1935, § 380; 29 Del. C. 1953, § 2107; 70 Del. Laws, c. 186, § 1.) § 2108 Arbor and Bird Day proclamation. The Governor may set apart each year by proclamation 1 day to be designated as Arbor and Bird Day and may request its observance by all public schools, private schools, colleges and other institutions by the planting of trees and the adornment of the school and public grounds and by suitable exercises, having for their object the advancement of the study of arbor culture and promotion of the spirit of protection to birds and trees and the cultivation of an appreciative sentiment concerning them. (22 Del. Laws, c. 216, § 8; Code 1915, § 2420; Code 1935, § 2895; 29 Del. C. 1953, § 2108.) Page 82 Title 29 - State Government § 2109 Observance of Delaware Swedish Colonial Day. (a) The Governor shall proclaim March 29 of each year as Delaware Swedish Colonial Day. (b) The Governor shall issue a proclamation calling upon officials of the government to display the flags of the United States and of the State on all governmental buildings on March 29 of each year to be known as Delaware Swedish Colonial Day and inviting the people of the State to observe Delaware Swedish Colonial Day in schools, churches, patriotic and historical societies and other organizations with appropriate ceremonies in commemoration of the landing of the Swedes upon the soil of Delaware. (42 Del. Laws, c. 207; 29 Del. C. 1953, § 2109.) § 2110 Observance of American Education Week. The Governor may issue a proclamation calling upon all teachers of schools to arrange special programs during American Education Week and calling upon the people of the entire State to observe it in some fitting manner. (42 Del. Laws, c. 127; 29 Del. C. 1953, § 2110.) § 2111 Observance of Delaware Head Start Week. (a) The Governor shall proclaim the last week of the month of March each year as Delaware Head Start Week. (b) The Governor shall issue annually a proclamation calling upon all administrators, staff and volunteers at all Head Start Programs and Early Childhood Assistance Programs in the State to arrange special programs during and in observance of Delaware Head Start Week and calling upon the people of the entire State to observe it in some fitting manner. (72 Del. Laws, c. 283, § 1.) § 2112 Special powers in case of extreme fire hazard; penalty. (a) The Governor may, by proclamation, upon the recommendation of the State Forester of the existence of extreme wild fire hazard under conditions of drought or other conditions or situations creating a fire hazard detrimental to the public interest, declare, designate and establish definite areas within which it shall be unlawful, during the period covered by the proclamation, to set fire to or in any manner cause to be set on fire any marsh, woods, cuttings of forest growth, leaves, grass or other material or to kindle a camp fire or have any out-of-door fire. The Governor may also, by proclamation, suspend any open hunting season of wildlife under the above conditions within any designated areas. (b) Any such proclamation shall be in full force and effect at the expiration of 24 hours after public notice is given in the manner the Governor shall determine and shall remain in full force until rescinded by the Governor. (c) Whoever violates this section shall be fined not less than $25 nor more than $100, or imprisoned not less than 30 days nor more than 90 days, or both. (29 Del. C. 1953, § 2111; 49 Del. Laws, c. 15; 72 Del. Laws, c. 283, § 1.) § 2113 Father’s Day proclamation. The Governor may issue annually a proclamation calling upon state officials to display the United States flag on all state and school buildings, and the people of this State to display the flag at their homes, lodges, churches and places of business and other suitable places, on the third Sunday in June, known as Father’s Day, as a public expression of love and reverence for the fathers of our State and as an inspiration for better homes and closer ties between fathers and the State. (70 Del. Laws, c. 352, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 283, § 1.) § 2114 Police Officers Appreciation Day. The Governor may issue annually a proclamation calling upon state officials to display the United States flag on all state and school buildings, and the people of this State to display the flag at their homes, lodges, churches and places of business and other suitable places, on the second Wednesday in June, known as Police Officers Appreciation Day, as a public expression of appreciation for those in our State who dedicate their lives to law enforcement. (72 Del. Laws, c. 40, § 1; 72 Del. Laws, c. 283, § 1.) § 2115 Correctional officers and Employees Recognition and Appreciation Week. The Governor may issue annually a proclamation designating the first week in May as Correctional Officers and Employees Recognition and Appreciation Week and calling upon State officials to display the United States flag on all State and school buildings, and the people of this State to display the flag at their homes, lodges, churches and places of business and other suitable places as a public expression of recognition and appreciation for those in our State who have dedicated their lives to protecting the rights of the public to be safeguarded from criminal activity and who are responsible for the care, custody and dignity of human beings in their charge. (72 Del. Laws, c. 76, § 1; 72 Del. Laws, c. 283, § 1.) Page 83 Title 29 - State Government Part III State Offices Created by Constitution Chapter 22 Governor-Elect Transitional Fund § 2201 Establishment of Governor-elect Transitional Fund. There is established in the General Fund a fund to be known and designated as the “Governor-elect Transitional Fund.” All moneys in the Governor-elect Transitional Fund are perpetually appropriated and dedicated for the purposes set forth in this chapter. (29 Del. C. 1953, § 2201; 57 Del. Laws, c. 488, § 1.) § 2202 Certification of election of Governor. As soon as possible after every general election at which a Governor has been elected, the Commissioner of Elections shall certify to the Director of the Office of Management and Budget and the State Auditor the fact and results of such election. (29 Del. C. 1953, § 2202; 57 Del. Laws, c. 488, § 1; 75 Del. Laws, c. 88, § 21(13).) § 2203 Facilities to be furnished to Governor-elect. The Director of the Office of Management and Budget, in cooperation with the Governor shall, upon request of the Governor-elect, furnish the following services and facilities to the Governor-elect from moneys set aside in the Governor-elect Transitional Fund: (1) Suitable office space, furniture, fixtures and equipment; (2) Payment of salaries and expenses of staff personnel designated by the Governor-elect; (3) Payment of travel expenses for the Governor-elect and staff personnel; (4) Payment of incidental office expenses, including postage, communications and supplies. (29 Del. C. 1953, § 2203; 57 Del. Laws, c. 488, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 21(13).) § 2204 Time during which available to Governor-elect. The moneys authorized for use of the Governor-elect, as provided in this chapter, shall be available from the date of certification as provided in § 2202 of this title until the Governor-elect officially assumes the office of Governor. (29 Del. C. 1953, § 2204; 57 Del. Laws, c. 488, § 1.) § 2205 When Fund not to be used. In the case where the Governor-elect is the incumbent Governor, there shall be no expenditures of funds for the provision of facilities to such incumbent pursuant to this chapter. (29 Del. C. 1953, § 2205; 57 Del. Laws, c. 488, § 1.) § 2206 Appropriation. The sum of $15,000 shall be paid by the State Treasurer out of the General Fund and out of funds not otherwise appropriated in any year in which the provisions of this chapter are operative. These funds shall be considered as an automatic appropriation. (29 Del. C. 1953, § 2206; 57 Del. Laws, c. 488, § 2.) Page 84 Title 29 - State Government Part III State Offices Created by Constitution Chapter 23 Secretary of State § 2301 Salary. The Secretary of State shall receive as full compensation for all services a salary of $15,000 per annum. (Code 1852, § 466; 23 Del. Laws, c. 62, § 2; Code 1915, § 391; 36 Del. Laws, c. 81, § 1; Code 1935, §§ 365, 373A; 45 Del. Laws, c. 76, § 1; 48 Del. Laws, c. 150, § 1; 29 Del. C. 1953, § 2301; 54 Del. Laws, c. 57, § 1; 55 Del. Laws, c. 404, § 1; 70 Del. Laws, c. 186, § 1.) § 2302 Bond [Repealed]. Repealed by 73 Del. Laws, c. 421, § 1, effective July 22, 2002. § 2303 Assistant to the Secretary of State; appointment; duties. The Secretary of State may appoint from among the employees of the Secretary’s office an Assistant to the Secretary of State who shall perform such duties as directed by law or by the Secretary of State to perform. (Code 1935, § 384B; 47 Del. Laws, c. 180, § 2; 29 Del. C. 1953, § 2303; 70 Del. Laws, c. 186, § 1.) § 2304 Keeper of Great Seal and records. The Secretary of State shall be keeper of the Great Seal of the State, and through the Delaware Public Archives of all acts and public resolutions of the General Assembly and of all archival records and public papers belonging to the Executive Department. (Code 1852, § 486; Code 1915, § 422; Code 1935, § 381; 29 Del. C. 1953, § 2304; 72 Del. Laws, c. 91, § 70.) § 2305 Seal of office; documents authenticated by Great Seal as evidence. (a) The Secretary of State shall have a seal of office. All marriage licenses shall be under the Secretary’s seal, shall be signed by the Governor and countersigned by the Secretary. Copies of records and other papers of the Secretary’s office authenticated by this seal or by the Great Seal shall be evidence. (b) The Secretary of State may from time to time replace the seal or seals of the Secretary’s office. When such replacement is made, the old seal or seals shall be destroyed in the Secretary’s presence. (Code 1852, § 488; Code 1915, §§ 226A, 427; 40 Del. Laws, c. 30, § 1; Code 1935, § 384; 29 Del. C. 1953, § 2305; 50 Del. Laws, c. 341, § 1; 70 Del. Laws, c. 186, § 1.) § 2306 Use of Great Seal and Privy Seal; restrictions; reproduction of seals and other insignia subject to approval; penalties. (a) The Secretary of State as the keeper of the Great Seal and the Privy Seal shall restrict the use of the Great Seal and the Privy Seal to documents, records, publications and other business transactions of the State. (b) The seals, coat of arms, state flag, emblems and other insignia of this State may be used, reproduced or published with the written consent of the Secretary of State, provided that use is restricted to educational uses such as encyclopedias, reference books, historical publications or similar uses which do not involve advertising or other means of personal gain or which abrogate the rights of the citizenry of the State. (c) Whoever violates or fails to comply with this section shall be fined not less than $100 nor more than $250. (d) Notwithstanding anything to the contrary contained in any act enacted prior to April 17, 1961, authorizing the Governor, the State Treasurer and the Secretary of State to act as issuing officers in issuing bonds of this State or in any other law, the Secretary of State may, in executing said bonds on behalf of the State, cause a facsimile of the Great Seal of the State to be engraved or printed thereon and, in any such case, it shall not be necessary to affix to or impress on said bonds the Great Seal of the State. (48 Del. Laws, c. 255, §§ 1-3; 29 Del. C. 1953, § 2306; 53 Del. Laws, c. 22.) § 2307 Preservation of legislative records. (a) The Delaware Public Archives shall sort, arrange, label and file, according to legislative session, all original bills, resolutions, committee reports and other legislative records, keeping the Senate records separate and distinct from those of the House. (b) The Secretary of the Senate and the Clerk of the House shall, at the end of each session of the General Assembly, deliver to the Delaware Public Archives all the original bills, resolutions, petitions and other legislative records of the session to be labeled and preserved by the Delaware Public Archives. (17 Del. Laws, c. 35, §§ 1-2; Code 1915, § 423; Code 1935, § 382; 29 Del. C. 1953, § 2307; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, §§ 68, 69.) Page 85 Title 29 - State Government § 2308 Commissions and other instruments under the Great Seal. The Secretary of State shall make and register commissions and affix the Great Seal to the commissions and to all other instruments and records required to be under the Great Seal or of which it is the proper authentication. (Code 1852, § 487; Code 1915, § 426; Code 1935, § 383; 29 Del. C. 1953, § 2308.) § 2309 Certification of records. Except when the Great Seal of the State is required to be affixed to a certification of a record, the certification of all records, licenses, registrations, papers or other documents required to be certified by the Secretary of State shall be made under the signature and seal of office of the Secretary of State. The signature may be a printed facsimile, except when the signature of the Secretary is requested or required by law, or when the Great Seal of the State is affixed thereto, or when the document is to be authenticated, in which case the signature may be a printed facsimile when attested by the Assistant to the Secretary of State. (Code 1935, § 384A; 47 Del. Laws, c. 180, § 1; 29 Del. C. 1953, § 2310; 62 Del. Laws, c. 47, § 1.) § 2310 Preparation, delivery and accounting of marriage licenses. The Department of Health and Social Services, pursuant to § 113 of Title 13, shall prepare and deliver to the clerks of the peace marriage licenses required by law, duly signed and sealed, and shall keep a correct account of the same. The death of any officer authorized to sign marriage licenses for the State shall not void marriage licenses then duly signed by such officer. (Code 1852, §§ 489, 490; Code 1915, § 428; Code 1935, § 386; 29 Del. C. 1953, § 2311; 57 Del. Laws, c. 560, § 1.) § 2311 Disposition of moneys received; Division of Corporations Corporate Revolving Fund; Secretary of State Special Operations Fund. (a) All fees which are by law taxable by and payable to the Secretary of State, except those fees collected pursuant to §§ 9-525(d) (3), 15-1207(b), 17-1107(b), and 18-1105(b) of Title 6, § 3813(b) of Title 12, § 391(h) of Title 8 and §§ 2318 and 4307 of this title, shall be collected by the Secretary of State and paid into the State Treasury, provided however that an amount equal to 23% of all fees assessed pursuant to § 9-525 of Title 6 (excluding any fees assessed pursuant to § 9-525(d)(3) of Title 6 and any fees assessed pursuant to § 9-525(a)(2) of Title 6 in excess of $15), and an annual amount not to exceed $1 million equal to the sum of: (1) All fees and taxes collected pursuant to Chapter 69 of Title 18 required by law to be transferred to the General Fund, and (2) Those fees collected pursuant to §§ 3813(a)(2) and 3862(1) of Title 12, shall be remitted monthly to the treasury of the City of Wilmington. To ensure implementation of this subsection, the Insurance Commissioner shall, transfer any amounts collected subsequent to June 30, 2007, pursuant to Chapter 69 of Title 18 and required by law to be transferred to the General Fund to the Secretary of State. (b) There is hereby created, within the Division of Corporations, a special fund to be designated as the Division of Corporations Corporate Revolving Fund which shall be used in the operation of the Division of Corporations in the performance of special requests for services and the funding of appropriated special funds positions. (c) All fees which are by law payable to the Secretary of State pursuant to §§ 9-525(d)(3), 15-1207(b), 17-1107(b), and 18-1105(b) of Title 6, § 3813(b) of Title 12 and § 391(h) of Title 8 and § 4307 of this title shall be deposited in the State Treasury to the credit of said Division of Corporations Corporate Revolving Fund. No other fees or taxes collected by the Secretary of State shall be deposited in said Fund. (d) Funds in the Division of Corporations Corporate Revolving Fund shall be used by the Division of Corporations in the performance of the functions and duties involved in creating and maintaining the capability to perform services in response to special requests for the same day service and 24-hour turnaround service. (e) The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2001 shall be $1,300,000 and any amount in excess thereof shall be transferred to the General Fund of the State. The maximum unencumbered balance which shall remain in the Division of Corporations, Corporate Revolving Fund at the end of Fiscal Year 2002 and any subsequent fiscal year thereafter shall be $1,000,000 and any amount in excess thereof shall be transferred to the General Fund of the State. (f) There is hereby created, within the office of the Secretary of State, a special fund to be designated as the Secretary of State Special Operations Fund. Funds deposited in said Special Operations Fund shall be used to maintain and improve the capability to perform the operations, functions and duties of the Secretary of State, including but not limited to maintaining and improving the statewide communications network maintained by the Secretary of State, creating, maintaining and improving electronic files, creating, maintaining and improving the ability to provide remote access to electronic files maintained by the Secretary of State and funding appropriated positions relating to such activities. (g) All fees which are by law payable to the Secretary of State pursuant to § 2318 of this title shall be deposited in the State Treasury to the credit of said Secretary of State Special Operations Fund. No other fees or taxes collected by the Secretary of State shall be deposited in said Fund. (Code 1852, § 493; 23 Del. Laws, c. 62, §§ 3-4; 24 Del. Laws, c. 91; Code 1915, § 431; Code 1935, § 389; 29 Del. C. 1953, § 2312; 65 Del. Laws, c. 234, § 1; 66 Del. Laws, c. 303, § 137; 66 Del. Laws, c. 352, §§ 15-17; 68 Del. Laws, c. 312, §§ 11, 12; 70 Page 86 Title 29 - State Government Del. Laws, c. 186, § 1; 71 Del. Laws, c. 354, § 111; 72 Del. Laws, c. 395, § 131; 73 Del. Laws, c. 74, § 120; 74 Del. Laws, c. 52, §§ 39, 40; 75 Del. Laws, c. 218, § 4(a); 76 Del. Laws, c. 285, § 1; 77 Del. Laws, c. 78, §§ 65, 66.) § 2312 Record of newspaper publications. The Secretary of State shall make an entry in the Executive Register of every publication made by the Secretary in a newspaper stating the name of the paper. (Code 1852, § 495; Code 1915, § 433; Code 1935, § 391; 29 Del. C. 1953, § 2313; 70 Del. Laws, c. 186, § 1.) § 2313 Books and accounts open to inspection of legislative committees. The books, papers and accounts of the Secretary of State shall be open to inspection of committees of the Senate and House of Representatives, and the Secretary shall furnish the committees with copies and extracts as required. (Code 1852, § 496; Code 1915, § 434; Code 1935, § 392; 29 Del. C. 1953, § 2314; 70 Del. Laws, c. 186, § 1.) § 2314 Printing and publication of laws; certification of costs. The Secretary of State shall publish and distribute the laws as required by §§ 902-910 of this title, and, the binding being done to the Secretary’s acceptance, shall certify the sum due therefor according to contract, stating the pages, price and all items of charge. (Code 1852, § 497; Code 1915, § 435; Code 1935, § 393; 29 Del. C. 1953, § 2315; 70 Del. Laws, c. 186, § 1.) § 2315 Fees. The fees to be charged by the Secretary of State for the use of the State are as follows: For issuing certificate in private case under the Great Seal......................................................................................................................................................................................................................... $ 3.00 For issuing certificate in private case under the seal of office......................................................................................................................................................................................................................... 2.00 For copying, per line......................................................................................................................................................................................................................... .05 For receiving, filing and indexing certificates, statements, affidavits, decrees, agreements, surveys, reports and any other papers pertaining to corporations, except as otherwise provided in Title 8......................................................................................................................................................................................................................... 10.00 For receiving, filing and indexing every paper now or hereafter provided by law to be filed with the Secretary of State, except as otherwise provided in Title 8......................................................................................................................................................................................................................... 10.00 For recording, filing and indexing certificates, articles of association and any other paper required by law to be recorded by the Secretary of State, the same fees as provided by law for the Recorder, except as otherwise provided in Title 8 For proceeding for reinstatement, including the receiving, filing and indexing and all necessary certificates.................................................................................................................................................................................................................... 15.00 For filing certificates of foreign corporations including the receiving, filing, indexing and issuing necessary certificates, $13 of which shall be paid to each Prothonotary for filing & c. ......................................................................................................................................................................................................................... 30.00 For certifying acts or resolutions of a private nature, acts of a private character pertaining to the acknowledgement or recording of deeds or other papers or to titles or conveyances of real estate, the fees prescribed in § 909 of this title For commission to Attorney General, coroners and notaries public, each......................................................................................................................................................................................................................... 15.00 For commission to justices of the peace......................................................................................................................................................................................................................... 10.00 For commission to constables, when appointed by the Governor...................................................................................................................................................................................................................... 10.00 (Code 1852, §§ 501-505; 13 Del. Laws, c. 117, § 16; 19 Del. Laws, c. 551; 20 Del. Laws, c. 180; 21 Del. Laws, c. 16, § 1; 21 Del. Laws, c. 59, § 2; 25 Del. Laws, c. 240, § 1; Code 1915, § 264; Code 1935, § 237; 29 Del. C. 1953, § 2315; 61 Del. Laws, c. 387, § 1; 62 Del. Laws, c. 40, §§ 1, 2; 64 Del. Laws, c. 317, § 5; 74 Del. Laws, c. 52, § 41.) Page 87 Title 29 - State Government § 2316 Collection of commission fees from gubernatorial appointees. Whenever the Governor commissions to office any person, whom the Governor is or may be authorized by the Constitution or by law to commission and whose appointment is required to be confirmed by the Senate, the Secretary of State shall collect from every such person as fee for the commission which the Secretary shall receive, the proportionate part of the fee which the Secretary is by law required to demand and receive for the full term to which the appointment to the office is limited in the ratio which the time from the date of the appointment to the last day of the next session of the Senate bears to the full term to which the appointment is limited. (21 Del. Laws, c. 46, § 1; Code 1915, § 265; Code 1935, § 238; 29 Del. C. 1953, § 2317; 70 Del. Laws, c. 186, § 1.) § 2317 Furnishing of copies of acts to state or county officers. (a) Upon request of any state or county officer, the Delaware Public Archives shall furnish to the officer, without cost, a certified copy of any act of the General Assembly pertaining to the duties of the official making the request. (b) The Secretary of State shall, at the end of each session of the General Assembly, send to the Auditor a certified copy of any act passed during the session granting a tax for the support of government or concerning any duty to be performed by the Secretary. (Code 1852, § 494; 27 Del. Laws, c. 77; Code 1915, §§ 432, 437; Code 1935, §§ 390, 395; 29 Del. C. 1953, § 2318; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 91, § 72.) § 2318 Remote access to electronic files, authentications and apostilles. (a) The Secretary of State may, in the Secretary’s discretion, permit persons remote access to electronic files maintained by the Secretary of State, and may from time to time make, amend, alter and rescind rules and regulations governing remote access to such electronic files. (b) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons permitted remote access to electronic files, such schedule not to exceed $30 for each fee or charge excepting persons permitted remote access to electronic files maintained by the Secretary of State pursuant to Title 6, Article IX of the Uniform Commercial Code, such schedule not to exceed $75 for each fee or charge. (c) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons requesting authentications and/or apostilles, such schedule not to exceed $40 for each fee or charge for regular service plus an additional sum of up to: (1) $40 for each service requested to be completed within a 24-hour period from the time of the request; (2) $50 for each service to be completed within the same day of the request; and (3) $500 for each service to be completed within a 2-hour period from the time of the request. Such schedule shall provide for a maximum fee of $30 to be charged in each instance where a natural person acting on that person’s own behalf requests more than 1 authentication and/or apostille for a noncommercial purpose, including but not limited to adoptions and custody cases. (66 Del. Laws, c. 352, § 18; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 52, § 42; 77 Del. Laws, c. 78, §§ 67, 68.) § 2319 Provision and installation of hardware and software; training; maintenance and support. The Secretary of State shall, at no expense to the counties, provide and install computer hardware and software in the offices of the recorder of deeds of each of the counties to access, search, view and print the complete Delaware Optical Disk Imaging System and the Delaware Corporation Information System of the Secretary of State. Such computer hardware and software shall be substantially equivalent to that utilized by other remote users of the Delaware Optical Disk Imaging System and the Delaware Corporation Information System. The Secretary of State shall also provide and install, at its own expense, in the office of each recorder any upgrade of either of such computer hardware or software, or both, which the Secretary of State installs from time to time in its own system, where such upgrade is necessary to maintain no less than the same capacity for accessing, searching, storing, viewing and printing Delaware Corporation Information System and Optical Disk Imaging System documents and information at each of the recorder’s offices as existed immediately prior to the installation of such upgrade by the Secretary of State in its own system. The Secretary of State shall provide appropriate training for the operation of the installed systems or any changes to the systems to 2 members of each Recorder’s office staff at no charge to the Recorders. Each recorder shall maintain at its own expense the computer hardware that has been installed by the Secretary of State in its offices. The Secretary of State shall provide each recorder the same level of maintenance and support for the system software as provided to other remote users and shall charge each recorder no more than other remote users are charged for similar services. Each recorder shall also pay for the initial installation and subsequent monthly charges for all required telephone lines or other electronic connections between the recorders’ offices and the Secretary of State. The State shall not charge any fees to the recorders for access and use through the recorders’ offices of the Delaware Corporation Information System and Optical Disk Imaging System of the Secretary of State. (70 Del. Laws, c. 587, § 42.) Page 88 Title 29 - State Government Part III State Offices Created by Constitution Chapter 25 State Department of Justice Subchapter I General Powers § 2501 Purpose. The purpose of this chapter is to accomplish efficiency by centralizing in 1 department the State’s facilities for the rendering of legal services to the Governor, General Assembly, officers, departments, boards, agencies, commissions and instrumentalities of the state government and to provide for the enforcement of the criminal law of this State. (29 Del. C. 1953, § 2501; 56 Del. Laws, c. 326, § 1.) § 2502 Department of Justice established. There is created a State Department of Justice under the supervision, direction and control of the Attorney General. (29 Del. C. 1953, § 2502; 56 Del. Laws, c. 326, § 1.) § 2503 Definition of Attorney General. Whenever “Attorney General” is referred to or designated in the Constitution, any statute, rules of any court, contract, document or usage, such reference or designation shall include any person duly appointed by the Attorney General pursuant to § 2505 of this title, except where the term “Attorney General” is immediately followed by “himself or herself” or “in person” or where the context otherwise indicates. (29 Del. C. 1953, § 2503; 56 Del. Laws, c. 326, § 1; 59 Del. Laws, c. 289, § 1; 70 Del. Laws, c. 186, § 1.) § 2504 Powers, duties and authority of the State Department of Justice. The State Department of Justice and the Attorney General shall have the following powers, duties and authority: (1) To continue to exercise the powers and perform the duties by the Constitution, statutes and common law vested in and imposed upon the Attorney General prior to January 1, 1969; (2) Notwithstanding any other laws, to provide legal advice, counsel and services for administrative offices, agencies, departments, boards, commissions and officers of the state government concerning any matter arising in connection with the exercising of their official powers or duties and to publish or cause to be published such opinions in book form every 2 years. The courts, counties and incorporated municipalities are excepted from this chapter; (3) Notwithstanding any other laws, to represent as counsel in all proceedings or actions which may be brought on behalf of or against them in their official capacity in any court, except in actions in which the State has a conflicting interest, all officers, agencies, departments, boards, commissions and instrumentalities of state government; (4) To investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith; provided, however, that nothing in this subdivision shall restrict the general powers of the General Assembly to investigate matters involving the public peace, safety and justice and to subpoena witnesses and evidence in connection therewith; (5) To direct the activities of state detectives; (6) To have charge of all criminal proceedings as prior to January 1, 1969; (7) To recommend revisions in the Constitution and statutes of this State with particular reference to law enforcement; (8) To draft or cause to be drafted such bills or amendments as may be requested by any state officer or any department, division, commission or other state agency and otherwise render assistance, aid, information, counsel and advice in the preparation and drafting of any such proposed legislation; and (9) To represent witnesses for the State or individuals who have cooperated with state investigative agencies when they are sued as a result of, or on account of, their cooperation with any agency of the State in any investigation or prosecution conducted by the State unless such representation creates a conflict with the interests of the State. (29 Del. C. 1953, § 2504; 56 Del. Laws, c. 326, § 1; 58 Del. Laws, c. 253, § 8; 59 Del. Laws, c. 253, §§ 18, 19; 64 Del. Laws, c. 418; 65 Del. Laws, c. 134, § 1.) § 2505 Chief Deputy, State Solicitor, State Prosecutor, assistants, special assistants and law clerks. (a) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be the Chief Deputy Attorney General and who shall have such powers, duties and responsibilities as designated by the Attorney General and shall serve on a full-time basis. In the event that the office of Attorney General becomes vacant, or should the Attorney General be unable to discharge the powers and duties of the office due to illness or incapacitation, the Chief Deputy Attorney General shall discharge Page 89 Title 29 - State Government the powers and duties of the Attorney General for a period not to exceed 90 days or until the Governor appoints a successor, whichever occurs first. (b) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Solicitor, who shall serve on a full-time basis under the direct control of the Attorney General. The State Solicitor shall be responsible for all civil actions and matters wherein the State or its agencies or subdivisions are involved and shall have such powers and duties as the Attorney General shall designate. (c) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the State Prosecutor and who shall serve on a full-time basis under the direct control of the Attorney General. The State Prosecutor shall be responsible for the prosecution of all criminal matters and shall have such powers and duties as the Attorney General shall designate. (d) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, persons, authorized by rule of the State Supreme Court to practice law in the courts of this State, to be assistants or special assistants, who shall have such powers, duties and responsibilities as designated by the Attorney General. (e) The Attorney General may appoint, within the limits of the appropriations made to the State Department of Justice, law clerks, who shall have such powers, duties and responsibilities as the Attorney General shall designate. (f) The Attorney General may assign an assistant or special assistant to serve in any legal capacity in or for any office, department, board, agency, commission or instrumentality of the state government on a part-time or full-time basis whenever, in the judgment of the Attorney General, such assignment will contribute to the efficiency of the operation of such office, department, board, agency, commission or instrumentality; but such assistant shall remain under the supervision and control of the Attorney General while so serving. (g) The powers of all assistants shall be statewide. (h) The Attorney General shall devote full time to the office and shall not practice law for the term to which the Attorney General is elected. The Attorney General shall determine whether any assistants other than those designated as full time in this section shall be excluded from the practice of law. The salaries of the Chief Deputy and assistants shall be as fixed by the Attorney General within the appropriations made to the State Department of Justice and the limitations of § 2506 of this title. (i) The Attorney General may appoint persons authorized by rule of the State Supreme Court to practice law in this State, in addition to those authorized by appropriations to the Department to be assistants and special assistants, to be compensated from federal funds and funds other than those funds appropriated to the State Department of Justice, to have such powers, duties and responsibilities as designated by the Attorney General. The tenure provisions of § 2511 of this title, however, shall not apply to such assistants and special assistants and the State shall not be obligated to continue their employment when or in the event such federal funds or such other funds are no longer available to pay their salaries. (j) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer resident in this State who shall be designated as the head or assistant head of any Division of the State Department of Justice, or the Chief Prosecutor of a particular county and who shall serve on a full-time basis under the direct control of the Attorney General. Such persons shall have such responsibilities, powers and duties as the Attorney General shall designate. (k) The Attorney General shall ensure that any assistant or special assistant regularly assigned to the prosecution of criminal or delinquency cases alleging a sexual offense as that term is defined in § 761 of Title 11, including all lawyers assigned to the Sex Crimes Unit, shall receive at least 4 hours every 3 years of specialized training in the prosecution of sexual assault. Such evidence-based training shall be victim-centered and trauma-informed, and shall include education on mandatory reporting requirements under state and federal law, and shall be provided by the National College of District Attorneys or any other appropriate organization approved by the Attorney General. (29 Del. C. 1953, § 2505; 56 Del. Laws, c. 326, § 1; 58 Del. Laws, c. 99, § 1; 59 Del. Laws, c. 222, § 9; 59 Del. Laws, c. 289, §§ 2-5; 61 Del. Laws, c. 409, § 112; 61 Del. Laws, c. 519, § 33; 62 Del. Laws, c. 68, § 79; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 340, §§ 1-3; 75 Del. Laws, c. 370, § 1; 80 Del. Laws, c. 55, § 2.) § 2506 Salaries. (a) The salary of the Attorney General shall be $30,000 per annum. The Attorney General shall fix the salaries of all of the members of the Department of Justice within the limits set forth in this section. (b) The salaries of all attorneys employed by the Attorney General in the Department of Justice shall be fixed by the Attorney General within the appropriations made to the Department of Justice pursuant to a salary plan established by the Attorney General. (29 Del. C. 1953, § 2506; 56 Del. Laws, c. 326, § 1; 57 Del. Laws, c. 763, §§ 1, 2; 58 Del. Laws, c. 99, § 2; 59 Del. Laws, c. 289, §§ 2, 6; 61 Del. Laws, c. 409, §§ 71, 113; 61 Del. Laws, c. 519, § 34; 62 Del. Laws, c. 68, § 80.) § 2507 Prohibition on employment of attorneys by state officers, departments, boards, agencies, commissions or instrumentalities. No officer, department, board, agency, commission or instrumentality of state government shall employ any person to act as attorney, counsel, solicitor, legal assistant or other legal advisor to such officer, department, board, agency, commission or instrumentality except Page 90 Title 29 - State Government as otherwise set forth in this chapter. However, such special counsel may be employed by such officer, department, board, agency, commission or instrumentality with the approval of the Attorney General and the Governor upon such terms and conditions as the Attorney General and the Governor may prescribe. The special counsel so appointed shall have such powers, duties and responsibilities as designated by the Attorney General in addition to those powers prescribed in § 2504(3) of this title. Expenses of such employment shall be paid by the State Treasurer out of general funds not otherwise appropriated upon the approval of the Attorney General and the Governor. (29 Del. C. 1953, § 2507; 56 Del. Laws, c. 326, § 1; 58 Del. Laws, c. 99, § 3.) § 2508 Power to administer oaths and affirmations; compelling attendance of persons and witnesses; delivery of witness lists. (a) The Attorney General or any assistant may administer oaths and affirmations to any person, including witnesses, at any time or in any place and may issue process to compel the attendance of persons, witnesses and evidence at the office of the Attorney General or at such other place as designated. (b) The Attorney General shall have the right of access at all times to the books, papers, records and other documents of any officer, department, board, agency, instrumentality or commission of the state government. (c) The Attorney General shall transmit to the Prothonotaries of the counties of this State a certified list giving the names and addresses of persons or witnesses subpoenaed under this section, the time occupied in attendance and the distance traveled by them respectively. The list shall be legal proof, and the same costs shall accrue and be paid in the same manner as is provided by law to be paid to witnesses for attendance at the courts of this State. (29 Del. C. 1953, § 2508; 56 Del. Laws, c. 326, § 1; 59 Del. Laws, c. 289, § 2; 67 Del. Laws, c. 260, § 1.) § 2508A Directing production of witnesses or evidence pursuant to process from without the State in criminal investigations and proceedings. (a) For the purpose of enforcing any subpoena, warrant or other process issued by a court from without this State in a criminal proceeding or investigation occurring in said foreign state, the United States or any territory or district thereof, the Attorney General or any assistant may issue process to compel any person to produce books, papers, documents or other objects designated therein at the office of the Attorney General or at such other place as designated. (b) A certified copy of the subpoena, warrant or other process issued by the court from without this State shall be attached to, and thereby incorporated in, any process issued by the Attorney General or any assistant pursuant to this section. (c) Any process issued pursuant to this section by the Attorney General or any assistant shall include a certification by the Attorney General or any assistant that the process is issued pursuant to a subpoena, warrant or other process issued by a court from without the State. (d) On an annual basis, the Attorney General shall transmit to the Prothonotaries of the counties of this State a certified list of and complete copies of all process which has been issued in the immediately preceding calendar year by the Attorney General or any assistant pursuant to this section. The date for filing such list shall be set by the Superior Court and may be enlarged by the Superior Court for good cause shown by the Attorney General. (73 Del. Laws, c. 70, § 1.) § 2509 Conflict of interest. No member of the Department of Justice shall act as attorney or counsel in any controversy in which the State, a county or a municipality has an interest except in the member’s official capacity. (29 Del. C. 1953, § 2509; 56 Del. Laws, c. 326, § 1; 70 Del. Laws, c. 186, § 1.) § 2509A Political activity of State Department of Justice employees. (a) Employment by the State Department of Justice does not affect any right or obligation of a citizen under the Constitution and laws of the United States or under the Constitution and laws of this State. (b) Except as otherwise provided in this section or by federal law, an individual employed by the State Department of Justice may freely participate in any political activity, may vote in an election, and may express opinions on political subjects and candidates. (c) With the exception of the Attorney General, no attorney or other employee regularly employed by the State Department of Justice may: (1) Use that attorney’s or other employee’s official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) Use that attorney’s or other employee’s official authority or influence for the purpose of directing or coercing another to contribute anything of value, including but not limited to money, services, or time, in support of a political party, political organization, or political candidate; (3) Engage in political activity while on duty in the employment of the State Department of Justice; (4) Directly or indirectly solicit, receive, collect, handle, disburse, or account for assessments, contributions, or other funds for a partisan political purpose during working hours; (5) Organize or reorganize a political party organization or political organization during working hours; Page 91 Title 29 - State Government (6) Organize, sell tickets to, or promote a fund-raising activity of a candidate in a partisan election or of a political party or political organization during working hours; or (7) Be a candidate for or hold any elected state or local office provided however, any attorney or other employee regularly employed by the State Department of Justice shall request a leave of absence in accordance with State Department of Justice personnel policies to be a candidate for any elected state or local office and such leave request shall not be denied, except that any such attorney or employee shall resign if that attorney or employee is a candidate for the office of Attorney General. (d) In addition to the provisions of subsection (c) of this section above, no individual employed as Chief Deputy Attorney General or division head shall directly or indirectly give, pay, lend, or contribute money or any other thing of value to or for the benefit of a candidate for any elected state or local office or to any political party or political organization in support of such candidate, or for any other political purpose intended to support such candidate. (e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection: (1) “Division head” means the State Prosecutor, State Solicitor, Director of the Fraud Division, Director of the Appeals Division, any assistant division head, chief county prosecutor, or division director created by statute or policy of the Attorney General. (2) “Local office” means local office as defined in § 101(13) of Title 15, school board elections, political party office, or other public elected office. (3) “Political activity” means participating in any activity in support of or in opposition to a political party or partisan candidate for public or political party office, including but not limited to writing or distributing statements in support of or in opposition to a candidate, initiating or circulating a partisan nominating petition, contributing money or anything of value to or for the benefit of a candidate, and soliciting votes of support for a candidate. “Political activity” does not include registering or voting in an election, or expressing opinions on political subjects or candidates. (f) In addition to any penalty contained in any other provision of law, any employee subject to the provisions of this section who knowingly violates a provision of this section may be subject to disciplinary proceedings by the State Department of Justice or as otherwise provided by law. (75 Del. Laws, c. 396, § 1; 70 Del. Laws, c. 186, § 1.) § 2510 Duty to appeal from an order of filiation. On appeal from an order of filiation, the Attorney General shall answer the appeal and conduct the case for the State. (29 Del. C. 1953, § 2510; 56 Del. Laws, c. 326, § 1.) § 2511 Tenure. (a) Any attorney or other employee regularly employed by the Department of Justice to render services shall be appointed by the Attorney General to serve at the Attorney General’s pleasure. After 3 years full-time service the employee shall have attained tenure and shall continue to be regularly employed during efficient and good behavior and shall not be removed because of religious or political opinions or affiliations or except for due cause, after a hearing before a court consisting of 3 judges of the Superior Court of the State. (1) As a condition of attaining tenure, every Deputy Attorney General within the Criminal Division shall be required to attend and complete, within the first 3 years of service, seminars conducted by the National College of District Attorneys or any other appropriate organization approved by the Attorney General on the subjects of child sexual and physical abuse, exploitation and domestic violence. (2) Any Deputy Attorney General in the Criminal Division who has received tenure prior to the effective date of this educational requirement shall be required to attend and complete said seminars within 3 years from the date hereof. (3) As a condition of retaining the tenure rights conferred by this section, every Deputy Attorney General within the Criminal and Family Divisions shall be required to attend and complete at least 4 hours every 3 years of training on the subjects of child sexual and physical abuse, exploitation and domestic violence. Such training shall be conducted by the National College of District Attorneys, coordinated with the training available pursuant to §§ 911 and 931(b)(4) of Title 16, or otherwise performed by any other appropriate organization approved by the Attorney General. Such training shall also include the mandatory reporting obligations imposed by Delaware law, including reporting under the Medical Practice Act [Chapter 17 of Title 24] and § 903 of Title 16, and federal law in the reporting of child sexual and physical abuse. The failure to complete such training shall be a forfeiture of the rights conferred by this section. (b) The term “full time,” when used in reference to attorneys in this section, prohibits such attorneys from engaging in the private practice of law. The term “regularly employed,” as used in this section, refers to those attorneys and other employees appointed or employed on a full-time basis by the Department of Justice. The Attorney General shall so designate such attorneys and other employees in writing at the time of their employment or at such other time at the Attorney General’s pleasure. (c) Nothing contained in this section shall limit the power of the Attorney General to assign attorneys or other employees to any of the various positions provided for in this chapter and to change said personnel in said positions from time to time at the Attorney General’s pleasure; provided, however, that any attorney or other employee who shall have been regularly employed in a certain position may not be deprived of regular employment or tenure by virtue of such change of position. (29 Del. C. 1953, § 2511; 56 Del. Laws, c. 326, § 1; 69 Del. Laws, c. 158, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 323, § 4; 80 Del. Laws, c. 187, § 8.) Page 92 Title 29 - State Government § 2512 Fees; collections and disposition. (a) All fees which are by law taxable and payable to the Attorney General shall be paid to and received by the respective Prothonotaries in the county where the fees are taxed, and the Prothonotaries shall pay over the same to the State Treasurer. (b) The Attorney General is authorized to collect and use revenues from the fees realized by subsection (a) of this section and Chapter 73 of Title 6 (Delaware Securities Act) to support the Department of Justice’s Securities Division. Balances at the end of any fiscal year in excess of $100,000 collected from these fees shall be deposited into the General Fund. (c) The Department of Justice is authorized to publish and sell the opinions of the Attorney General; to deposit the proceeds of any sales in a special fund to be established and designated the “Attorney General Opinion Fund;” and to expend all moneys deposited in such Fund for any expense connected with the publishing or sale of opinions of the Attorney General. Copies of the published opinions will be distributed at no cost to the General Assembly, the Governor and state agencies. If at the end of the fiscal year, the amount deposited in this Fund exceeds $15,000, the amount exceeding $15,000 shall be deposited into the General Fund. (d) Notwithstanding any other laws to the contrary, including, but not limited to, Part VI of this title, the Attorney General is authorized to enter into a contract for the production, distribution and marketing of educational videos on such terms and conditions as the Attorney General deems appropriate. All revenues received by the Attorney General from such contract shall be deposited in a nonappropriated special fund. Revenues received and deposited into said account shall be used for the purpose of reproducing, marketing and distributing copies of these videos. (29 Del. C. 1953, § 2512; 56 Del. Laws, c. 326, § 1; 73 Del. Laws, c. 310, § 11.) § 2513 Appointment of state detectives; terms; compensation. (a) The Attorney General may appoint 5 qualified persons to be state detectives who shall hold office at the pleasure of the Attorney General. The Attorney General may designate 1 of the appointees to be Chief State Detective, and each of the others shall be known as state detective. All of the state detectives shall perform duties anywhere, both within and without the State, under the direction of the Attorney General. (b) The salary of the Chief State Detective and the state detectives shall be fixed by the Attorney General within the appropriations made to the State Department of Justice. (29 Del. C. 1953, § 2513; 56 Del. Laws, c. 326, § 1; 58 Del. Laws, c. 568; 59 Del. Laws, c. 289, § 7.) § 2514 Powers and duties of state detectives. (a) State detectives may conduct such investigations as directed by the Attorney General. (b) Any state detective or any police officer of the State or of any subdivision thereof shall, when so requested by the Governor or the Attorney General, serve requisitions made by the Governor and for this shall not receive any compensation, but shall receive actual expenses. Such expenses shall be paid by the State Treasurer out of general funds not otherwise appropriated upon the production of vouchers approved by the Attorney General. (c) State detectives may make arrests and serve writs anywhere in this State. (d) The state detective shall serve and return summonses, subpoenas, warrants and commitments issued by presidents of court-martials. (29 Del. C. 1953, § 2514; 56 Del. Laws, c. 326, § 1.) § 2515 Exceptions. (a) The provisions of this chapter relating to the supplying of legal advice, counsel, services and representation in proceedings and actions shall not apply to the University of Delaware, Delaware State University, Delaware Technical and Community College or to any school district or special school district of this State, and these organizations may each employ their own attorney or attorneys, notwithstanding § 2507 of this title, except that legal services in connection with all bond issues in which the faith and credit of this State is pledged and all legal services for any school district or special school district bond issue which is for the purpose of providing funds for any project to which moneys or bond issue funds of this State are to be contributed on a matching or percentage basis shall be provided solely by the State Department of Justice and the Attorney General. (b) Notwithstanding § 2507 of this title, the provisions of this chapter relating to the supplying of legal advice, counsel, services and representation in proceedings shall not apply to the State Public Integrity Commission established pursuant to Chapter 58 of this title. (c) Notwithstanding any other provision of this title, a public school district or charter school that is a defendant in a legal action because of its adoption or use of the cyberbullying policy required under § 4164(d)(1) of Title 14 shall have the option of being represented by the Department of Justice if: (1) The State of Delaware or 1 of its agencies is a party to the same action based upon the State’s requirement that the district or school adopt the cyberbullying policy at issue; (2) The Department’s representation of both entities is permissible under the Rules of Professional Conduct; and (3) The Department determines that enforcement of the cyberbullying policy by the school or district was done in good faith and in the public interest. Page 93 Title 29 - State Government Communications and documents regarding the Department’s obligation to represent a school or district under this subsection and/or a school or district’s decision whether to accept representation by the Department are privileged and not subject to disclosure. (d) Notwithstanding § 2507 of this title, the Division of Labor Relations and Employment Practices established pursuant to Chapter 90D of this title shall each be permitted to employ 1 counsel experienced in the field of labor and employment law to advise on matters of labor and employment law and assist in developing standards, policies, programs and training materials that satisfy Delaware and federal law. (29 Del. C. 1953, § 2515; 56 Del. Laws, c. 326, § 1; 60 Del. Laws, c. 476, § 1; 69 Del. Laws, c. 67, § 2; 69 Del. Laws, c. 179, § 1; 69 Del. Laws, c. 467, § 29; 78 Del. Laws, c. 379, § 2; 81 Del. Laws, c. 66, § 2; 81 Del. Laws, c. 122, § 13.) § 2516 Authorization for local and out-of-state police officers. (a) The Attorney General may authorize such members of any county or municipal police departments as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. The Attorney General shall give such authorization by oath for such period of time as the Attorney General specifies. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. (b) Such local police officers who have received such authorization shall remain for all other purposes as members of their respective police departments. (c) The Attorney General may authorize such members of police forces of jurisdictions outside the State as the Attorney General deems necessary to have full statewide police, arrest and enforcement powers equivalent to those powers held by members of the Delaware State Police. Such authorization shall be given under the procedures and conditions prescribed in subsections (a) and (b) of this section. (d) The Attorney General may, as the Attorney General deems necessary, authorize railroad police officers employed by (i) either a railroad company classified as a Class 1 rail carrier pursuant to 49 U.S.C. § 10102 and the Interstate Commerce Commission or (ii) Amtrak to have police, arrest and enforcement powers for the purpose of investigating or preventing crimes which have occurred, are occurring or may occur on property that is owned, leased, operated or controlled by the railroad, or which involve the railroad’s employees, passengers or patrons while such persons are on such property, or which involve property that is consigned or entrusted to the railroad for transportation purposes. The Attorney General shall give such authorization by oath for such period of time and pursuant to such conditions as the Attorney General deems necessary. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. Notwithstanding any provision of this section to the contrary, no person shall be authorized pursuant to this subsection unless such person is first certified as appropriately qualified by the Council on Police Training and until memoranda of understanding are reached between the railroad and all appropriate law enforcement agencies. Nothing in this section shall limit the authority of a railroad police office employed by a rail carrier owning property in this State, and certified or commissioned under the laws of another state, to enforce the law and exercise the authority conveyed under 49 U.S.C. § 28101 or 49 C.F.R. 207. (29 Del. C. 1953, § 2516; 59 Del. Laws, c. 177, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 366, § 1.) Subchapter II Consumer Protection § 2517 Division of Consumer Protection. (a) There is established within the Department of Justice a Division of Consumer Protection. (b) The Division of Consumer Protection shall protect the public against consumer fraud and deceptive trade practices through enforcement of statutes, consumer education, consumer advocacy, and coordinated governmental action. (c) The Attorney General may appoint a Deputy Attorney General to be designated as the Director of Consumer Protection, who will be charged with the furtherance of the programs and functions thereof. (d) The term “Director” as used in this subchapter refers to the Director of the Division of Consumer Protection and includes any designee. (68 Del. Laws, c. 149, § 10; 68 Del. Laws, c. 314, § 1; 69 Del. Laws, c. 203, §§ 1-5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 6; 74 Del. Laws, c. 151, § 2; 76 Del. Laws, c. 419, § 2; 77 Del. Laws, c. 282, § 1; 82 Del. Laws, c. 239, § 1.) § 2518 Office of Foreclosure Prevention and Financial Education [Expires Jan. 1, 2025, under the terms of subsection (d) of this section]. (a) The Office of Foreclosure Prevention and Financial Education is hereby established within the Division of Consumer Protection under the direction and control of the Director. (b) The Office of Foreclosure Prevention and Financial Education is established for the following purposes: (1) To develop and implement programs to educate the public about foreclosure prevention and financial literacy; (2) To identify mortgage foreclosure fraud or other deceptive practices; (3) To provide for opportunities for borrowers to meet with lenders through outreach events or mediation programs; (4) To establish a toll-free telephone number to receive complaints from homeowners at risk of default for appropriate referral or intervention; Page 94 Title 29 - State Government (5) To serve as a liaison between borrowers and lenders when complex issues may be impeding loss mitigation efforts; and (6) To promote coordination among government and private programs and lenders including, but not limited to, HUD approved housing counseling agencies, legal aid providers, and other nonprofit consumer advocates. (c) The structure of the Office of Foreclosure Prevention and Financial Education will be determined by the Attorney General and include a Foreclosure Outreach Coordinator and 2 administrative specialists. (d) This section expires on January 1, 2025, unless terminated sooner or extended by the General Assembly. (78 Del. Laws, c. 198, § 1; 79 Del. Laws, c. 27, § 12; 82 Del. Laws, c. 30, §§ 2, 7.) § 2519 Consumer protection advisory councils [Repealed]. (29 Del. C. 1953, § 8614; 57 Del. Laws, c. 583, § 1; 64 Del. Laws, c. 2, § 4; 65 Del. Laws, c. 445, §§ 1-4; 68 Del. Laws, c. 149, § 9; 69 Del. Laws, c. 291, § 98(c); 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 25; 77 Del. Laws, c. 106, § 5; repealed by 80 Del. Laws, c. 53 § 2, eff. June 26, 2015.) § 2520 Enforcement authority. (a) Among other powers, the Director shall have the authority to: (1) Investigate matters that may reveal violations of Chapter 25 of Title 6 or other unlawful conduct; (2) Issue cease and desist orders, either summarily or after a hearing; (3) Seek administrative remedies for violations of the statutes the Division of Consumer Protection is charged to enforce; (4) Initiate and prosecute civil or criminal actions related to the purposes of this chapter in any court of competent jurisdiction; (5) Seek restitution, rescission, reformation of contract, recoupment, disgorgement of profits or any moneys improperly obtained, or otherwise prevent unjust enrichment against violators of this chapter and on behalf of consumers; (6) Promulgate rules and regulations; (7) Under the direction of the Attorney General, maintain and supervise the deposits and expenditures into and out of the Consumer Protection Fund; (8) Hold fact-finding, rulemaking or adjudicative hearings and issue opinions, orders or reports based thereon; and (9) Take any other lawful action to enforce the consumer protection statutes and to carry out their purposes. (b) The scope of the authority of the Director to initiate administrative proceedings or take civil enforcement action does not extend to matters within the jurisdiction of the Public Service Commission or of the Insurance Commissioner of this State. (77 Del. Laws, c. 282, § 2.) § 2521 Rules and regulations. (a) The Director shall have the authority to promulgate rules and regulations as deemed necessary or appropriate to implement or clarify the statutes that the Division of Consumer Protection is charged to enforce or otherwise to carry out the purposes of those statutes. (b) The rules and regulations of the Division of Consumer Protection shall be entitled to substantial deference in connection with any judicial review or case determination. (77 Del. Laws, c. 282, § 2.) § 2522 Proceedings; judicial remedies. (a) The Attorney General and the Director shall have standing to seek, on behalf of the State, any remedy in this chapter whenever it appears that a person has violated or is about to violate any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, §§ 841, 914, 915, and 915A of Title 11, or any other law or regulation that the Division of Consumer Protection is authorized to enforce. The Attorney General or the Director may initiate an investigation, administrative proceeding, or court proceeding to enjoin or sanction the unlawful conduct. (b) If, in any court proceeding brought under subsection (a) of this section above, any person is found to have committed a wilful violation, the court shall order the violator to pay to the State a civil penalty of not more than $10,000 for each violation. (c) Where a wilful violation is found, any court entertaining the action may additionally order the violator to cease and desist the unlawful conduct prospectively, return any moneys obtained unlawfully, and when appropriate freeze designated assets of the violator, order restitution, rescission, recoupment, or to seek other relief appropriate to prevent violators from being unjustly enriched. (d) In any action brought by the Director under the provisions of this chapter in which any person is found to have violated any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, §§ 841, 914, 915, and 915A of Title 11, or any other law or regulation that the Division of Consumer Protection is authorized to enforce, the Court may award attorneys’ fees and investigative costs to the State. (77 Del. Laws, c. 282, § 2.) § 2523 Administrative process and appeals. (a) The Director of Consumer Protection may initiate administrative charges against any person who appears to have violated or about to violate any provision of Chapter 25 of Title 6, any provision of Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 Page 95 Title 29 - State Government of Title 25, or any other law or regulation that the Division of Consumer Protection is authorized to enforce. Such charges shall provide notice as to the nature of the violation and state the remedies that are sought. (b) The Attorney General shall appoint a Deputy Attorney General to act as the administrative hearing officer to adjudicate charges brought by the Director of Consumer Protection against any person. Such hearing officer shall be a Deputy Attorney General who is not assigned to the Fraud and Consumer Protection Division. (c) Upon finding a violation, the hearing officer may order any of the administrative remedies authorized in § 2524 of this title below. Upon finding a violation or a threat of a violation, the hearing officer may issue or affirm the issuance of a cease and desist order authorized by § 2524(a) of this title below. (d) Any party, including the Director, who is aggrieved by the hearing officer’s final administrative order may appeal the order to Superior Court within 30 days after the date the final order is issued. The administrative record shall be filed with the Court in accordance with Superior Court Civil Rule 72. The final administrative order shall be affirmed by the Court if the findings in the order are supported by substantial evidence. (e) Any moneys that are received by the State after an administrative hearing and order, other than for consumer victims, shall be credited to the General Fund. Any moneys received pursuant to a written agreement in settlement of administrative charges, at any stage of the proceeding, shall be credited to the Consumer Protection Fund. (f) Personal jurisdiction by acts of nonresident respondents. — As to any administrative proceeding authorized by this section, personal jurisdiction may be exercised over any nonresident respondent who, in person or through an agent, commits any of the acts identified in § 3104(c) of Title 10 that would constitute legal presence in the State. (g) Service of process to obtain personal jurisdiction. — Any of the following methods of service of process shall be sufficient to obtain personal jurisdiction over a respondent in an administrative proceeding authorized by this section: (1) Personal hand delivery. (2) Any method of service of process effective under Rule 4(f) of the Superior Court Rules of Civil Procedure. (3) Any method of service of process that would be effective to obtain personal jurisdiction in the Superior Court under § 3104 of Title 10. (h) Administrative hearing evidence. — Upon the request of any party to an administrative proceeding authorized by this section, the administrative hearing officer is empowered to issue subpoenas to nonparties to allow for witnesses or other evidence to be presented at an administrative hearing. If the nonparty fails to comply with the subpoena, the party which requested the subpoena may seek an order from the Superior Court compelling the nonparty to comply with the subpoena. An order issued by the Superior Court pursuant to this subsection may be punished by the Superior Court as a contempt of Court. With respect to nonparties who are not subject to subpoena, the administrative hearing officer is empowered to issue commissions to allow for testimony or other evidence to be obtained for presentation at an administrative hearing. The administrative hearing officer shall, prior to issuing a subpoena or commission, ensure that the subpoena or commission does not impose undue burden or expense on the person subject to the subpoena or commission. (77 Del. Laws, c. 282, § 2; 81 Del. Laws, c. 175, § 1.) § 2524 Administrative remedies. (a) After notice and an administrative hearing, any violation or apparent threat of violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, may be sanctioned by the issuance of a cease and desist order. (b) After notice and an administrative hearing, any wilful violation of § 2513 or § 2532 of Title 6, or of a lawful cease and desist order of the Director or the hearing officer, may be sanctioned by an administrative penalty up to $5000 per violation, a cease and desist order, and an order of restitution, rescission, recoupment, or other relief appropriate to prevent violators from being unjustly enriched. (c) After the expiration of the 30-day appeal period in which no appeal has been filed, if the violator fails to pay all penalties and restitution or other amounts administratively determined, the Director may file a complaint in any court of competent jurisdiction and obtain a judgment for the amounts that have not been paid. The amounts shall be treated by the court as an unpaid debt, and the merits of the administrative findings may not be contested. (77 Del. Laws, c. 282, § 2.) § 2525 Cease and desist orders. (a) By agreement. — At any time after it appears to the Director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by Chapter 25 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other laws and regulations which the Division of Consumer Protection is authorized to enforce, the Director may issue a cease and desist order pursuant to an agreement with such person. Each such agreement may provide for: (1) The immediate discontinuance of each practice set forth in the agreement; (2) Any such relief, remedies, penalties, fines or recoveries authorized by this chapter; and (3) Any other action deemed by the Director to be necessary to remedy such practice or practices. Page 96 Title 29 - State Government (b) By administrative order. — Upon the finding of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, after notice and a hearing, the designated hearing officer may issue a cease and desist order against the violator. Such cease and desist order may provide for any relief as indicated in subsection (a) of this section above. (c) By summary administrative order. — (1) Where the Director in the Director’s discretion perceives an immediate threat to the public interest as a result of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, the Director may issue a summary cease and desist order ordering an immediate discontinuance of the unlawful practice identified in the order. A complaint detailing the specific allegations against the alleged violator shall accompany any summary cease and desist order served upon the alleged violator. Before issuing the summary order, the Director or the Director’s designee shall attempt to obtain voluntary compliance from the alleged violator by letter or telephone call. (2) The complaint and summary cease and desist order shall be served upon the alleged violator by first class and certified mail to the alleged violator’s last known address. Service shall be deemed effective upon mailing. Within 10 days after the mailing of the complaint and order, the alleged violator may request, in writing, a hearing on the charges. An order that was not the subject of a hearing may not be appealed to the Superior Court. (3) The Division of Consumer Protection shall provide a hearing on the charges in the complaint within 10 days after the issuance of the complaint and the cease and desist order. A written opinion and order, containing findings of fact and conclusions of law, shall issue within 10 days after the close of the hearing. (4) If the alleged violator makes a written request for a hearing but none is provided within 10 days after the issuance of the order, the order shall expire at the end of the tenth day after it was issued unless the alleged violator waives that alleged violator’s right to a prompt hearing. If the alleged violator makes a written request for a hearing and one is provided within 10 days, but no decision is issued within 10 days after the close of the hearing, the order shall expire at the end of the tenth day after the close of the hearing. An order that has expired in accordance with the restrictions of this paragraph may not be reissued as a summary order. (5) The order issued after the hearing may provide for any administrative remedy contained in § 2524 of this title. Any person aggrieved by the order issued after the hearing shall have 30 days to appeal the order to the Superior Court, as provided in § 2523(d) of this title. (6) Any person who wilfully violates a cease and desist order may be sanctioned as provided in § 2524(b) or § 2526 of this title. (77 Del. Laws, c. 282, § 2.) § 2526 Violation of order or injunction; penalty. (a) The Attorney General or the Director may petition any court of competent jurisdiction to obtain recovery of a civil penalty as provided pursuant to this section. Such petition may be made whenever it appears to the Attorney General or the Director that a person subject to any order or injunction, issued pursuant to any provision of this chapter or any other law or regulation which the Division of Consumer Protection is charged to enforce, has wilfully violated such order or injunction, or breached a material term of an agreement forming the basis for a cease and desist order. (b) A person who wilfully violates any such order or any such agreement shall forfeit and pay to the State an enhanced civil penalty of not more than $25,000 per violation. (c) Any court in which the petition is brought may order the offender, if a violation is found, to cease and desist the unlawful practice. Any subsequent violation of the court’s order may be sanctioned for contempt in addition to an enhanced civil penalty. (d) Nothing in this section shall prevent the Attorney General or the Director from initiating any additional or alternative enforcement action under their lawful powers. (77 Del. Laws, c. 282, § 2.) Subchapter III Not-for-profit Healthcare Conversions § 2530 Short title. This subchapter may be cited as “The Not-for-profit Healthcare Conversion Act.” (74 Del. Laws, c. 298, § 2; 77 Del. Laws, c. 282, § 2.) § 2531 Definitions. As used in this subchapter: (1) “Not-for-profit healthcare conversion transaction” includes: a. The sale, transfer, lease, exchange, optioning, conveyance, affiliation, merger, joint venture, or other disposition of a material amount of the assets or operations of a not-for-profit healthcare entity, made other than in the normal course of business, to an entity or person other than a charity or not-for-profit entity; b. The transfer of control or governance of a material amount of the assets or operations of a not-for-profit healthcare entity to an entity or person other than a charity or not-for-profit entity; Page 97 Title 29 - State Government c. A substantial change or amendment to a certificate of incorporation which materially affects a not-for-profit healthcare entity’s charitable or public benefit intent, or the disposition of reserves or control of a not-for-profit healthcare entity to an entity or a person other than a charity or not-for-profit entity; d. A change in the composition of the Board of Directors such that, upon the effective date of such change, a majority of directors of the not-for-profit healthcare entity are affiliated with (or have been elected by directors a majority of whom were or are affiliated with) any single entity or person other than a charity or not-for-profit entity. For purposes of this paragraph, a director shall be deemed to be affiliated with such entity or person if such director: 1. Receives or has received, directly or indirectly, compensation, including income, in any form from such person or entity (or parent, subsidiary or affiliate of such entity); 2. Serves or has served as a director, officer, employee, partner, member or agent of such entity (or of a parent, subsidiary or affiliate of such entity); 3. Is a close family member of such person or is a close family member of any person who serves as an officer or director of such entity (or parent, subsidiary or affiliate of such entity); or 4. Is, directly or indirectly, controlled by such person or entity. (2) “Not-for-profit healthcare entity” includes a not-for-profit hospital, including a corporation or a hospital created under a trust or will, a not for profit healthcare service provider, a not-for-profit nursing home or long term care facility, a not-for profit healthcare insurer, a mutual corporation holding assets in charitable trust for the public benefit, an entity maintaining plans to provide healthcare services or indemnity thereof, and an entity, other than a for-profit entity, affiliated with any of these through ownership, governance, or membership, such as a holding company or subsidiary. (3) “Not-for-profit healthcare insurer” includes a not-for-profit provider of healthcare insurance, including service associations, health service corporations, and physician service organizations or their affiliates. (4) “Person” means an individual, partnership, trust, estate, corporation, association, organization, joint venture, joint stock company, limited liability company, or other legal or commercial entity. (5) “Public benefit asset” means, as to a not-for-profit healthcare entity that is seeking to engage in a not-for-profit healthcare conversion transaction, that part of the fair market value of the converting entity impressed with a public trust for the public benefit as initially determined by the Attorney General and subject to the approval of the Court of Chancery. (74 Del. Laws, c. 298, § 2; 77 Del. Laws, c. 282, § 2; 78 Del. Laws, c. 109, § 1.) § 2532 Notice to the Attorney General. A not-for-profit health-care entity seeking to engage in a not-for-profit healthcare conversion transaction is required to provide written notice of its intent to enter into the transaction to the Attorney General of the State at least 180 days prior to the closing date of the proposed transaction. (74 Del. Laws, c. 298, § 2; 77 Del. Laws, c. 282, § 2; 81 Del. Laws, c. 412, § 1.) § 2533 Establishment of a foundation. (a) For proceeds or reserves of not-for-profit healthcare conversion transactions that constitute public benefit assets, there shall be created a new tax-exempt public benefit or charitable organization or foundation pursuant to 26 U.S.C. § 501(c)(3) or (c)(4) of the Federal Internal Revenue Code [26 U.S.C. § 501(c)(3) or (c)(4)] into which the proceeds or reserves shall be ultimately deposited. Whether or not the public benefit or charitable organization is classified as a private foundation under § 509 of the Internal Revenue Code [26 U.S.C. § 509], it shall be subject to the restrictions and limitations that apply to private foundations found in § 4941 through 4945 of the Internal Revenue Code [26 U.S.C. §§ 4941 through 4945]. (b) The mission of the public benefit or charitable organization or foundation receiving the public benefit assets shall be serving the State’s unmet health needs, particularly with regard to medically uninsured and underserved populations. (c) The board of directors of the foundation shall consist of 9 to 15 members who shall be broadly representative of the community’s diversity and shall include persons with knowledge, expertise and skills in investment and asset management, healthcare finance, notfor-profit administration, delivery of healthcare services, and of health care consumer issues. Each member of the board of directors shall be appointed by the Governor, by and with the consent of the Senate, from a list of qualified persons who have been nominated by the Community Advisory Committee established in subsection (d) of this section, below. The directors shall elect a chairperson. The directors shall have the authority to adopt bylaws for the foundation in consultation with the Community Advisory Committee. After the directors have finalized the formation of the foundation and the adoption of bylaws, the State shall transfer the public benefit assets to the foundation. (d) A Community Advisory Committee shall be formed to nominate candidates for the foundation’s board of directors. The initial Community Advisory Committee shall be comprised of 9 members, 1 selected by each of the following organizations: the Delaware State Chamber of Commerce, the Medical Society of Delaware, the Delaware Community Foundation, the Delaware Nurses’ Association, the Delaware AFL-CIO, the Delaware Healthcare Association, the United Way of Delaware, the Delaware State Senate, whose member shall be selected by the President Pro Tem of the Senate, and the Delaware House of Representatives, whose member shall be selected by the Speaker of the House. The Advisory Committee shall elect a chairperson. Members of the Community Advisory Committee shall be Page 98 Title 29 - State Government appointed within 60 days after the State receives public benefits assets from any not-for-profit health care conversion transaction. The foundation may expand the Community Advisory Committee and provide for additional appointments through its bylaws. The Community Advisory Committee’s criteria for nominating board members shall ensure an open recruitment process for the directors. The Community Advisory committee shall nominate at least 30 residents of Delaware for the initial board of directors. At no time shall the Community Advisory Committee nominate 1 of its own members for appointment to the board of directors of the foundation. In addition to nominating persons for consideration of appointment, the Community Advisory Committee shall also work with the foundation’s board of directors to develop and improve the foundation’s mission, certificate of incorporation and by-laws, and shall provide ongoing guidance to the board concerning community needs and other issues relating to the activities of the foundation. (e) The State Treasurer shall open and maintain an escrow account for the benefit of the foundation for the receipt of any public benefit assets. During the interim time period from when the State receives public benefit assets until they are transferred to the foundation, the State Treasurer shall invest any funds that are part of the public benefit amount in a manner that will protect the principal balance of the public benefit assets. (f) The certificate of incorporation of the foundation shall provide that the directors shall be appointed to the board for a term of 3 years except as provided herein. The term for each board position shall be staggered by thirds so that the first term for a board position may be 1, 2 or 3 years and shall be determined by lot. No individual may serve more than 2 terms consecutively, except for the initial members whose terms are 1 or 2 years who may serve 3 consecutive terms. Notwithstanding any other law to the contrary, directors of the foundation shall be prohibited from holding over their term once expired even if their successors have not been duly elected and qualified. The directors shall receive no compensation for their service on the board of the foundation other than reimbursement for reasonable expenses related to their service. No elected official may serve as a director of the foundation. (g) The not-for-profit public benefit or charitable organization or foundation receiving the public benefit assets, its directors, officers, and management shall be and remain independent of the for-profit company or mutual corporation and its affiliates. No person who is an officer, director, or member of management of the not-for-profit corporation submitting the plan for the proposed healthcare conversion transaction, at the time the plan is submitted, or at the time of the agreement or transaction, or thereafter, shall be qualified to be an officer, director or member of management of the not-for-profit public benefit or charitable organization or foundation receiving the charitable assets. (h) The not-for-profit public benefit or charitable organization or foundation receiving the public benefit assets shall establish formal mechanisms to avoid conflicts of interest and to prohibit grants benefiting the for-profit corporation, the board of directors and management of the for-profit corporation. (i) The foundation shall have the power to enter into any contract, acquire, lease, sell, hold or dispose of any assets in accordance with the purposes of this subchapter; to employ, retain or enter into contracts with persons in connection with the management and operation of the foundation; to bring or defend, pay, collect, compromise or arbitrate any legal action by or against the foundation; to deposit withdraw, invest, pay, retain and distribute the foundation’s funds in accordance with this subchapter; to purchase, hold, sell, lease, exchange, receive or otherwise acquire or dispose of securities in the name of the foundation; to open, maintain and close bank accounts, and draw checks or other orders for the payment of moneys; and to authorize any officer, director employee or other agent of the foundation to act for and on behalf of the foundation in all matters incidental to the forgoing. (j) The charitable organization or foundation receiving the public benefit assets shall provide the Attorney General, the Governor, and the General Assembly with an annual report of its charitable activities related to its use of the public benefit assets received. The annual report shall be a public document. (k) Nothing in this subchapter shall be construed to limit the common law authority of the Attorney General to protect the charitable trusts and assets held for the public benefit in this State. Nothing in this subchapter shall be construed as a replacement for any other civil or criminal actions, which the Attorney General may take either under the common law or statutory law, seeking injunctive relief, or other available remedies. (l) Nothing in this subchapter shall be construed to supersede, restrict or otherwise limit the powers, duties, and authority of the Insurance Commissioner pursuant to Title 18, or any other provisions relating to the regulation of insurers, hospitals, or other health care corporations. (74 Del. Laws, c. 298, § 2; 77 Del. Laws, c. 282, § 2.) Subchapter IV Common Interest Community Ombudsperson § 2540 Short title. This subchapter shall be known as the “Common Interest Community Ombudsperson Act.” (79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1.) § 2541 Definitions. For the purposes of this subchapter, the following definitions shall apply: Page 99 Title 29 - State Government (1) “Bylaws” shall have the meaning as used in § 81-103 of Title 25. (2) “Common interest community” shall have the meaning as used in § 81-103 of Title 25 and includes small preexisting cooperatives and planned communities as referenced in § 81-120 of Title 25. (3) “Common interest community association” shall have the meaning ascribed to “association” or “unit owners’ association” as used in § 81-103 of Title 25 and includes associations or unit owners’ associations for small preexisting cooperatives and planned communities as referenced in § 81-120 of Title 25. (4) “Declarant” shall have the meaning as used in § 81-103 of Title 25. (5) “Declaration” shall have the meaning as used in § 81-103 of Title 25. (6) “Department” means the Department of Justice. (7) “Executive board” shall have the meaning as used in § 81-103 of Title 25. (8) “Office” means the Office of the Common Interest Community Ombudsperson. (9) “Ombudsperson” means the Common Interest Community Ombudsperson. (10) “Rule” or “rules” shall have the meaning as used in § 81-103 of Title 25. (11) “Unit” shall have the meaning as used in § 81-103 of Title 25. (12) “Unit owners” shall have the meaning as used in § 81-103 of Title 25. (79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1.) § 2542 Common Interest Community Ombudsperson; creation, appointment, role, term of office, and vacancy. (a) There is established within the Department an Office of the Common Interest Community Ombudsperson. (b) The Attorney General shall appoint the Ombudsperson, consistent with the qualifications for the Ombudsperson set forth in § 2543 of this title. (c) The Ombudsperson shall be the head of the Office and is charged with managing the Office consistent with the powers and duties vested in the Ombudsperson by § 2544 of this title, within the limitations of the funds appropriated by the General Assembly. (d) The Ombudsperson shall serve at the pleasure of the Attorney General. (e) A vacancy in the Ombudsperson position shall be filled in the same manner as the original appointment. (79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1.) § 2543 Common Interest Community Ombudsperson; qualifications. The Ombudsperson must: (1) Be a member in good standing of the Bar of this State. (2) Have at least 5 years of experience in the practice of law in this State. (3) Have experience in real estate law, including common interest community law. (4) Have experience in conflict and alternative dispute resolution. (5) Not engage in any other business or profession that conflicts with the powers and duties of the position or the Office. (6) Comply with all restrictions on political activity applicable to Department employees pursuant to § 2509A of this title. (79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1.) § 2544 Common Interest Community Ombudsperson; powers and duties. The Ombudsperson shall have the following powers and duties: (1) To contact declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, and other interested parties to inform them of the services available through the Office. In addition to any other method used to publicize the Office’s services, the Ombudsperson shall maintain a website containing information about the Office, contact information, the services available through the Office, any information required to be placed on the website by other provisions of this chapter, and any other information deemed appropriate by the Ombudsperson. (2) To assist declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, and other interested parties in understanding their rights and responsibilities and the processes available to them according to the law, regulations, and documents governing their respective common interest community. The Ombudsperson is not the attorney for declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties; no attorney-client relationship shall be implied or established by the Ombudsperson’s communication with such persons, and the Ombudsperson may not act as or appear to act as an attorney in a legal action brought by such persons. (3) To organize and conduct meetings to educate declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, and other interested parties about their rights Page 100 Title 29 - State Government and responsibilities and the processes available to them according to the law, regulations, and documents governing their respective common interest community. (4) To prepare and publish educational and reference materials about common interest communities and to make these resources available in print and on the Office’s website. The materials about common interest communities shall include general information about the roles, rights, and responsibilities of the various parties, suggestions for the orderly operation of the common interest community association, mechanisms for internal dispute resolution, or any other information deemed appropriate by the Ombudsperson. (5) To develop and publicize procedures intended to result in fair elections for members and officers of a common interest community association. (6) To provide monitors and vote counting services to common interest community associations, intended to result in fair elections for members and officers of a common interest community association, when 15% of the total voting interests of a common interest community association, or 6 unit owners, whichever is greater, petition the Ombudsperson to do so. (7) To provide meetings, mediation, or other forms of alternative dispute resolution as may from time to time be requested by declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties. Nothing in this paragraph shall affect the right of a declarant, common interest community association, the executive board of a common interest community association, unit owners in common interest community, or other interested parties from proceeding pursuant to the procedure established by § 348 of Title 10. (8) To establish a template of reasonable written procedures for the executive board of a common interest community association to adopt to internally handle complaints from unit owners and other interested parties. Each common interest community association shall adhere to the established written procedures when resolving complaints from unit owners and other interested parties. The procedures established by the Ombudsperson and adhered to by the common interest community association may include the following, in addition to procedures outlined in the common interest community association’s declaration, bylaws, or other governing documents: a. That the complaint to the common interest community association must be in writing. b. That a sample complaint form, if any, on which the complaint must be filed shall be provided upon request. c. That the common interest community association’s complaint written procedure shall include the process by which the complaint shall be delivered to the common interest community association. d. That the common interest community association shall provide written acknowledgment of the receipt of the complaint to the complainant within 14 days of receipt. Such acknowledgment shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the complainant at the address provided or, if consistent with established procedure of the common interest community association, delivered by electronic means, provided the sender retains sufficient proof of the electronic delivery. e. That any specific documentation that must be provided with the complaint shall be described in the common interest community association’s complaint procedure. In addition, to the extent the complainant has knowledge of the law or regulation applicable to the complaint, the complainant shall provide that reference, as well as the requested action or resolution. f. That the common interest community association shall have a reasonable, efficient, and timely method for identifying and requesting additional information that is necessary for the complainant to provide in order to continue processing the complaint. The common interest community association shall establish a reasonable timeframe for responding to and disposing of the complaint if the request for information is not received within the required timeframe. g. That, within a reasonable time prior to the consideration of the complaint, the complainant shall be notified of the date, time, and location that the complaint will be considered. For purposes of this paragraph, “reasonable time” shall mean such time as established by the common interest community association’s complaint procedure, but shall not be less than 7 days prior to the date for consideration of the complaint. Notice of the date, time, and location for consideration of the complaint shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the complainant at the address provided or, if consistent with established procedure of the common interest community association, delivered by electronic means, provided the sender retains sufficient proof of the electronic delivery. h. That after the final determination is made, the written notice of the final determination shall within 14 days be hand-delivered or mailed by registered or certified mail, return receipt requested, to the complainant at the address provided or, if consistent with established procedure of the common interest community association, delivered by electronic means, provided the sender retains sufficient proof of the electronic delivery. i. That the notice of final determination shall be dated as of the date of issuance and include specific citations to the common interest community association’s declaration, bylaws, or other governing documents, or to an applicable law or regulation that led to the final determination, as well as the registration number for the common interest community association. If applicable, the name and license number of the common interest community manager shall also be provided. (9) To receive complaints from declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties regarding potential violations of the law, regulations, or documents governing their respective common interest community. Prior to submitting a complaint to the Ombudsperson, complainants must complete the process established by the Ombudsperson and adopted by the executive board of a Page 101 Title 29 - State Government common interest community association pursuant to paragraph (8) of this section and must include a copy of the final determination with the complaint filed to the Ombudsperson. (10) To investigate any complaint received and, if meritorious and appropriate, to provide meetings, mediation, or other forms of alternative dispute resolution to those parties involved in order to assist in the resolution of the complaint. (11) To refer meritorious violations of existing Delaware law to the Attorney General or other appropriate law-enforcement agency for prosecution. (12) To subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the exercise of the powers or the performance of the duties vested in the Ombudsperson by this section. The power contained in this paragraph may also be exercised by any other employee of the Office who is a member in good standing of the Bar of this State. (13) To establish and publish, in print and on the Office’s website, procedural rules for meetings, mediation, or other forms of alternative dispute resolution organized pursuant to this section. (14) To establish and publish, in print and on the Office’s website, procedures and forms for accepting complaints from declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties regarding potential violations of the law, regulations, or documents governing their respective common interest community. (15) To establish: fees for meetings, mediation, or other forms of alternative dispute resolution; election monitoring; vote counting; or other services as provided by the Ombudsperson pursuant to this section. The amount to be charged for each fee imposed under this paragraph shall approximate and reasonably reflect all costs necessary to defray the expenses related to providing these services. (16) To make an annual report of the Office’s activities to the Governor, the Attorney General, the General Assembly, and the Chief Justice of the Supreme Court on or before December 1 of each year. A copy of the report shall be provided to the Director of the Division of Research. Each such report shall contain: a. Statistics on the number of inquiries and complaints handled by the Office; b. Information on education and outreach efforts by the Office; c. Concerns expressed to the Office by declarants, common interest community associations, the executive board of a common interest community association, unit owners in common interest communities, or other interested parties; d. Legal developments impacting common interest communities; e. Recommendations for changes to Delaware law or rules of court procedure designed to improve the regulation and operation of common interest communities made by the Ombudsperson and the Common Interest Community Advisory Council; f. Any other information deemed appropriate by the Ombudsperson. (17) To organize and hold public meetings as necessary to gain a comprehensive sense of the issues facing common interest communities in this State. When such meetings are held, at least 1 meeting shall be held in each county at a convenient place within each county. When such meetings are held, the information obtained from these meetings shall be made part of the report issued pursuant to paragraph (15) of this section. (18) To perform any other function necessary to fulfill the powers and duties outlined in this section. (19) To direct the work of the Office consistent with the powers and duties established by this section. (20) To employ and supervise staff necessary to assist in carrying out the powers and duties established by this section, within the limitations of funds appropriated by the General Assembly. (79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1.) § 2545 Required information. (a) When a declarant, a common interest community association, the executive board of a common interest community association, a unit owner in a common interest community contacts the Office to make an inquiry, request services, or file a complaint, the declarant, a common interest community association, the executive board of a common interest community association, a unit owner in a common interest community shall provide the Office with at least the following information regarding the common interest community at issue: (1) The name, address, telephone number, and any other contact information for the common interest community association. (2) The name of the person engaged in property management for the common interest community association or the name of the person who manages the property at the site of the common interest community. (3) The name, mailing address, telephone number, and any other contact information for those on the executive board of the common interest community association. (4) The name, mailing address, telephone number, and any other contact information for the declarant. (5) The declaration, bylaws, and any rules for the common interest community association. (6) The annual budget adopted by the common interest community association. (7) The number of units in the common interest community. Page 102 Title 29 - State Government (8) The total annual assessment made by the common interest community association. (b) The Ombudsperson may waive the requirement created in subsection (a) of this section when it is deemed appropriate. (79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1.) § 2546 Common Interest Community Advisory Council. (a) The Common Interest Community Advisory Council, referred to as “the Council” throughout this section, consists of 18 members. A member who is on the Council by virtue position may appoint a designee to serve in their stead and at their pleasure. Membership is comprised as follows: (1) The Governor shall appoint 3 members of the public who are unit owners, as defined under § 81-103 of Title 25, of common interest communities in this State, 1 from each county. (2) The Mayor of the City of Wilmington. (3) The County Executive of New Castle County. (4) The President of the Kent County Levy Court. (5) The President of the Sussex County Council. (6) The Speaker of the House shall appoint 3 members. (7) The President Pro Tempore of the Senate shall appoint 3 members. (8) The Secretary of State. (9) The President of the Delaware Bar Association shall appoint 2 members from the Real Property Section of the Delaware State Bar Association whose practice involves the creation of, or the handling of disputes arising from, common interest communities. (10) The President of the Home Builders Association of Delaware. (11) The Chief Executive Officer of Community Associations Institute. (b) A member serves until a replacement is appointed under the same process as the member’s appointment. (c) Members serve without compensation, but may be reimbursed for reasonable necessary expenses incident to the member’s duties and in accordance with state law. (d) The Attorney General shall appoint the Council’s Chair from among the members of the Council. (e) The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is the majority of members. Counting for quorum does not include member positions that are vacant. (f) The Council shall do all of the following: (1) Advise the Ombudsperson regarding issues related to common interest communities, including any of the following: a. Mechanisms to increase the collection rate for common interest community assessments. b. The development of conflict resolution procedures within common interest communities. c. The feasibility of mandatory mediation, arbitration, or another form of alternative dispute resolution for disputes not able to be resolved within common interest communities and, if deemed feasible, how to implement such a process. d. The development of mechanisms for the registration of common interest communities with the State or other political subdivision. e. Any other topic the Council deems necessary to advise the Ombudsperson on related to common interest communities. (2) Advise the Ombudsperson in the operation of the Office. (3) Study and recommend to the Ombudsperson the adoption, amendment, or rescission of Delaware law or rule of court procedure designed to improve the regulation and operation of common interest communities. (4) Assist the Ombudsperson in the preparation of the annual report required of the Ombudsperson under § 2544(16) of this title. (g) The Ombudsperson shall provide support that the Council requests. At a minimum, the Ombudsperson shall prepare the agenda for and minutes of Council meetings and shall post the agenda and minutes as required by the Freedom of Information Act, Chapter 100 of this title. (h) The Council shall meet at least 4 times each year. The Chairperson, the Ombudsperson, or a majority of the members may call a special meeting of the Council. (79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1; 82 Del. Laws, c. 219, § 1.) Subchapter V Civil Rights and Public Trust § 2551 Definitions. For purposes of this subchapter, “Director” means the Director of the Division of Civil Rights and Public Trust and includes any designee. (82 Del. Laws, c. 239, § 2.) Page 103 Title 29 - State Government § 2552 Division of Civil Rights and Public Trust; establishment. (a) There is established within the Department of Justice a Division of Civil Rights and Public Trust which shall investigate and enforce laws protecting the public trust and ensuring the protection of civil rights. (b) The Attorney General may appoint, from the practicing members of the Bar of this State, a lawyer who shall serve on a full-time basis under the direct control of the Chief Deputy Attorney General as the Director of Division of Civil Rights and Public Trust. (c) The Director shall direct and supervise the work of Division of Civil Rights and Public Trust under § 2553 of this title. (82 Del. Laws, c. 239, § 2.) § 2553 Division of Civil Rights and Public Trust; powers and duties. (a) The Division of Civil Rights and Public Trust shall do all of the following: (1) Investigate and prosecute hate crimes under § 1304 of Title 11. (2) Investigate and prosecute civil or criminal misconduct committed under color of Delaware law or in the course of a public official’s or state employee’s duties. (3) Investigate all use of deadly force incidents by law enforcement for the purpose of determining whether such use of force was justified as a matter of law. (4) Enforce pattern and practice violations under Chapters 45 and 46 of Title 6. (b) The Division of Civil Rights and Public Trust may investigate, prosecute, and remediate a pattern or practice which violates any of the civil rights secured by the U.S. Constitution or Constitution of the State or Delaware law regarding any of the following: a. Public accommodations. b. Housing discrimination. c. Employment discrimination. d. Educational rights. e. Rights of individuals with disabilities. (82 Del. Laws, c. 239, § 2.) (82 Del. Laws, c. 239, § 2.) Page 104 Title 29 - State Government Part III State Offices Created by Constitution Chapter 27 State Treasurer § 2701 Bond [Repealed]. Repealed by 70 Del. Laws, c. 197, § 1, effective July 10, 1995. § 2702 Office and records. The State Treasurer shall occupy the office and space provided by the State and shall keep therein all books of all account records, vouchers, papers, magnetic data and things pertaining to the conduct of the office and shall take proper means to safeguard and preserve the same. (22 Del. Laws, c. 293, § 2; Code 1915, § 455; Code 1935, § 398; 29 Del. C. 1953, § 2703; 59 Del. Laws, c. 378, § 1; 70 Del. Laws, c. 197, § 2.) § 2703 Salary. The annual salary of the State Treasurer shall be set through the recommendation of the Delaware Compensation Commission (Chapter 33 of this title) and the line item appropriations of the General Assembly. (61 Del. Laws, c. 539, § 2; 70 Del. Laws, c. 197, § 3.) § 2704 Trustee of School Fund. The State Treasurer shall, by virtue of the office, be the Trustee of the School Fund. (Code 1852, § 510; Code 1915, § 457; Code 1935, § 400; 29 Del. C. 1953, § 2705; 57 Del. Laws, c. 741, § 34B; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 539, § 2; 70 Del. Laws, c. 186, § 1.) § 2705 Custody and investment of state funds. (a) The State Treasurer shall have custody of money belonging to the State, including, but not limited to, money in the School Fund. All money belonging to the State, except money deposited in any pension fund of the State, and received by the State Treasurer, shall be invested daily. (b) Money belonging to the State shall continue to be invested until required by the State Treasurer to make disbursements authorized by law. (Code 1852, § 511; 14 Del. Laws, c. 377, § 1; Code 1915, § 458; Code 1935, § 401; 29 Del. C. 1953, § 2706; 51 Del. Laws, c. 112; 57 Del. Laws, c. 741, § 34B; 59 Del. Laws, c. 378, § 1; 60 Del. Laws, c. 375, § 1; 61 Del. Laws, c. 539, § 2; 63 Del. Laws, c. 142, § 1.) § 2706 Checks and drafts; signatures; time limitation on honoring. (a) The signing of checks or drafts by the State Treasurer may either be by hand with a pen and ink signature or by a facsimile signature of a process approved by the State Treasurer. (b) No check or order issued by the State Treasurer shall be honored or paid by the depository upon which such check or order is drawn after the expiration of 180 days from the date of such check or order. (c) The State Treasurer shall establish and maintain a special fund appropriation to be credited with stale check write-off amounts. Use of this account is limited to the processing of stale-check reissues by the State Treasurer. On June 30 of each fiscal year, the unexpended stale check write-off balance in excess of $100,000 shall be credited to the General Fund. If during a fiscal year, there is an insufficient amount to process reissues, a revenue refund shall be made from the General Fund to the special appropriation. (Code 1852, § 511; Code 1915, § 458; 38 Del. Laws, c. 42; 40 Del. Laws, c. 85; Code 1935, § 401; 29 Del. C. 1953, § 2707; 57 Del. Laws, c. 741, §§ 34B, 34C; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 539, § 2; 70 Del. Laws, c. 197, § 4; 70 Del. Laws, c. 509, § 1; 73 Del. Laws, c. 310, § 9.) § 2707 Payment of vouchers upon approval; method of payment. All vouchers for the payment of money issued by any department, commission or board of the State, including those requiring the approval of the Governor, shall be paid by the State Treasurer upon the certification by the proper officers of the department, commission or board and the approval thereof by the Secretary of Finance. Methods of payments may include checks, drafts and electronic funds transfers. (37 Del. Laws, c. 45, § 1; Code 1935, § 403; 29 Del. C. 1953, § 2708; 54 Del. Laws, c. 39, § 5; 57 Del. Laws, c. 741, § 34B; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 468, § 6; 61 Del. Laws, c. 539, § 2; 63 Del. Laws, c. 142, § 43.) Page 105 Title 29 - State Government § 2708 Destruction of bonds and coupons. The State Treasurer may cause any registration, recording or cancellation agent of the State to destroy any paid, redeemed, called or cancelled bonds and coupons of the State. Such agent shall give the State Treasurer a certificate of destruction or cremation of such bonds and coupons which shall be retained by the State Treasurer. (37 Del. Laws, c. 46, § 1; Code 1935, § 404; 29 Del. C. 1953, § 2709; 57 Del. Laws, c. 741, § 34B; 58 Del. Laws, c. 315, § 5; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 539, § 2; 63 Del. Laws, c. 142, § 44.) § 2709 Receipt and accounting for stock dividends and interest; power to vote as stockholder. The State Treasurer may receive the dividends or interests on any stock, shares, loan or investment of money belonging to the State or the School Fund and shall apply and account for the same according to law. The State Treasurer may, in respect to any such stock or shares, except stock in the Farmers’ Bank, vote the same in person or by proxy, as other stockholders do. (Code 1852, § 528; Code 1915, § 471; Code 1935, § 408; 29 Del. C. 1953, § 2710; 57 Del. Laws, c. 741, § 34B; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 539, § 2; 70 Del. Laws, c. 186, § 1.) § 2710 Bond servicing procedure. The State Treasurer shall cause any agent so designated by the issuing officers to maintain reconciliation statements on all state bonds and coupons. Said reconciliation statements shall balance with bank statements on bond and coupon accounts. Any paid-off, matured, redeemed, called or cancelled bonds and coupons shall be held by any agent so designated by the issuing officers on behalf of the State Treasurer until a sufficient quantity has been collected by the office to be cancelled and destroyed according to this chapter. (Code 1935, § 403A; 48 Del. Laws, c. 252, § 1; 29 Del. C. 1953, § 2711; 50 Del. Laws, c. 321, § 1; 57 Del. Laws, c. 741, § 34B; 58 Del. Laws, c. 315, § 6; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 539, § 2; 63 Del. Laws, c. 142, § 45.) § 2711 Administration of moneys received from federal grants. (a) All federal financial assistance program money received by the State, whether directly or indirectly, in the form of cash, check or via an electronic funds transfer method, shall be reported to the Office of the State Treasurer by the receiving agency through the processing of the proper cash receipt transaction in the State’s financial management system. The amount received shall be credited to a special fund federal fund grant appropriation line. Such money is appropriated to the grant designated agency for the specific purposes for which the money was granted and shall be paid out of the special fund by the State Treasurer upon payment voucher executed by the designated agency. (b) Nothing contained in this section shall affect federal grants or federal aid to the University of Delaware, the Agricultural Experimental Station and the Division of Agricultural Extension of the University of Delaware. (c) Moneys received pursuant to 33 U.S.C § 701c-3 will be deposited into a special account and distributed annually by the State Treasurer to soil and water conservation districts within this state for the purpose of drainage and flood control. Distributions will be made to county soil and water conservation districts in which the subject leased lands are situated in proportional shares as required by 33 U.S.C § 701c-3. (41 Del. Laws, c. 77; 29 Del. C. 1953, § 2712; 57 Del. Laws, c. 741, § 34B; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 539, § 2; 70 Del. Laws, c. 197, § 5; 72 Del. Laws, c. 258, § 60.) § 2712 Method of payment of State officials and employees. (a) (1) Effective upon the implementation of the new payroll system, the salaries of all State officials and employees, including the Governor, shall be paid bi-weekly. The bi-weekly rate shall be determined by dividing the annual salary by 26. All state officials and employees who leave state service shall receive full payment for all days worked in their final lagged paycheck. Public and higher education employees, whether they elect payment over 10 or 12 months, shall receive their full contract amount. Public and higher education, 10-month contractual employees who elect payment over the contract period shall receive the exact annual salary stated in the contract, divided by 22. (2) The bi-weekly payment shall represent earnings for the period ending 14 days prior to the checkdate for all state officials and employees except the Governor. Effective upon the inauguration of the Governor in January 2001, the salary of the Governor shall also be lagged 1 pay cycle. (3) If any of the dates of payment specified herein should occur on a holiday, payment shall be made on the last working day prior to such holiday. The payment of wages, as outlined herein, shall be made from funds authorized for the period in which the payment is made. (b) Methods of payment may include checks, drafts, direct deposits and electronic funds transfers. (c) The Chief Justice and Justices of the Supreme Court, Chancellor and Vice Chancellors of the Court of Chancery, President Judge and Judges of the Superior Court, Chief Judge and Judges of the Court of Common Pleas and Chief Judge and Judges of the Family Court shall be paid a salary in accordance with the lag payroll set forth in paragraphs (a)(1) and (a)(2) of this section. (d) Those judicial officers, as set forth in subsection (c) of this section, who were employed in such positions on December 31, 1994, shall receive a lag pay adjustment on August 15, 1995, equal to 1/24 one twenty-fourth of the base pay in effect on July 15, 1995. This is Page 106 Title 29 - State Government a 1-time adjustment to enable implementation of the lag payroll system effective August 1, 1995, with respect to those judicial officers in office as of December 31, 1994, on the same basis afforded to the other state officials and employees except the Governor, employed by the State on that same date in positions set forth in 69 Del. Laws, c. 291, § 10(a). This lag pay adjustment is not a salary increase and is not available to judicial officers who were not employed in such positions on December 31, 1994. (e) Judicial officers, as set forth in subsection (c) of this section, whose service commenced after December 31, 1994, shall participate in the lag payroll on the same terms and conditions as other participating employees of the State hired after that same date. (f) (1) Notwithstanding any other provision of law, all state wage and salary payments shall be paid to employees who begin to receive such payments on or after January 1, 1996, and recipients of state retirement payments who begin to receive such retirement payments on or after January 1, 1996, by electronic funds transfer, unless another method has been determined by the Secretary of Finance to be appropriate. (2) Each recipient of state wage, salary or retirement payments shall designate 1 financial institution and associated account and provide the payment authorizing information necessary for the recipient to receive electronic funds transfer payments through each institution so designated. (3) The Secretary of Finance may waive the requirements of paragraph (f)(1) of this section for any state employee upon request by the head of an agency or school district under standards prescribed by the Secretary of Finance. (4) The Director of the Office of Management and Budget may waive the requirements of paragraph (f)(1) of this section for any state pensioner upon request by the pension administrator under standards prescribed by the Director of the Office of Management and Budget. (Code 1852, § 471; 21 Del. Laws, c. 47; Code 1915, § 398; 40 Del. Laws, c. 80; Code 1935, § 372; 29 Del. C. 1953, § 2713; 50 Del. Laws, c. 461, § 1; 59 Del. Laws, c. 119, § 1; 60 Del. Laws, c. 341, § 1; 61 Del. Laws, c. 539, § 2; 64 Del. Laws, c. 316, § 1; 69 Del. Laws, c. 291, § 40; 70 Del. Laws, c. 197, § 6; 70 Del. Laws, c. 425, §§ 27, 32; 71 Del. Laws, c. 132, §§ 26, 29; 71 Del. Laws, c. 354, § 33; 72 Del. Laws, c. 94, § 127; 72 Del. Laws, c. 258, § 31; 75 Del. Laws, c. 88, § 20(6); 76 Del. Laws, c. 213, §§ 41, 42.) § 2713 Refunding of improperly collected fees. In the event any agency of this State having the power to collect fees or other receipts that become revenue to the General Fund of the State shall improperly collect and deposit such fees or other receipts with the State Treasurer, the State Treasurer shall have the authority, except as otherwise provided specifically by law, upon certification by the collecting agency that a fee or other receipt was improperly collected and deposited, to make a refund from the General Fund of the State in the amount improperly collected and deposited to the person from whom the fee or receipt was improperly collected. (29 Del. C. 1953, § 2714; 56 Del. Laws, c. 144; 57 Del. Laws, c. 741, § 34B; 59 Del. Laws, c. 378, § 1; 61 Del. Laws, c. 539, § 2.) § 2714 Functions prior to January 7, 1975. The State Treasurer shall have the power to perform and shall be responsible for the powers, duties and functions vested by Chapter 62 [repealed] and Chapter 74 of this title in the Secretary of Finance immediately prior to January 7, 1975, and which are not otherwise hereinbefore specifically transferred to the State Treasurer. (59 Del. Laws, c. 378, § 8; 61 Del. Laws, c. 539, § 2.) § 2715 Certain powers and duties of the State Treasurer. The State Treasurer shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of the Treasury pursuant to § 8307(1)a. [repealed] and c. [repealed] and § 8307(2) [repealed] of this title. (59 Del. Laws, c. 378, § 12; 61 Del. Laws, c. 539, § 2.) § 2716 Cash Management Policy Board. (a) Establishment; purposes. — There is hereby established the Cash Management Policy Board (the “Board”). The Board’s purposes shall be to establish policies for the investment of all money belonging to the State or on deposit from its political subdivisions, except money deposited in any state pension fund or the State Deferred Compensation Program, and to determine the terms, conditions and other matters relating to those investments including the designation of permissible investments. In carrying out its purpose to designate permissible investments, the Board shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs with due regard to the probable income and level of risk from investments of money belonging to the State or its political subdivisions in accordance with the policies established by the Board. In carrying out its purpose to determine the terms, conditions and other matters relating to the investment of money belonging to the State or its political subdivisions, unless the Board shall find it not in the State’s best interest, the Board shall: (1) Require as a condition to any deposit of such funds in any state or national bank or savings and loan institution that such deposits be continuously and fully secured by direct general obligations of or obligations the payment of the principal and interest on which are unconditionally guaranteed by the United States of America or other suitable obligations as determined by the Board; Page 107 Title 29 - State Government (2) Require that the selection of financial institutions to provide banking and investment services pursuant to this section be conducted on an open and competitive basis as defined by the Board. It shall be the responsibility of the Board to approve the selection of each of the said financial institutions by a majority vote of the members of the Board. The Board, by a majority vote of its members, shall be responsible for setting the policy as to the allocation between short and long term investments and the allocation of funds to the respective financial institutions selected through the open and competitive process; and (3) Require that temporary clearing accounts as well as major disbursement accounts be established in a bank or banks whose principal office is located within the State. (b) Composition. — The Board shall be composed of 9 members. Each member of the Board shall have 1 vote. The State Treasurer, the Secretary of Finance, the Secretary of State and the Controller General shall be members of the Board and shall serve on the Board ex officio. Five members shall be appointed by the Governor and confirmed by the Senate. Of the 5 appointed members, at least 1 member shall be a resident of Sussex County, at least 1 member shall be a resident of Kent County, and at least 1 member shall be a resident of New Castle County; and at least 2, but no more than 3, appointed members of the Board shall be affiliated with 1 of the major political parties and at least 1, but no more than 2, of the appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Board. In considering the qualifications of persons who may be appointed to the Board, the Governor shall consider among other things the knowledge of such person in the fields of investment management and banking services. The Governor shall fill vacancies on the Board created by appointed members for their unexpired term and the appointments shall be confirmed by the Senate. (c) Term of appointed members; conduct of meetings. — (1) Each appointed member shall be appointed for a 3-year term beginning on the date of appointment; provided, however, that of the initial members, 1 shall be appointed for a 1-year term, 2 for 2-year terms and 2 for 3-year terms. Appointed members shall be eligible for reappointment. (2) Each member of the Board shall have 1 vote and the powers of the Board shall be exercised by a majority vote of all members present; provided that a quorum of 5 members shall be necessary to hold a meeting of the Board. (3) The Chairperson of the Board shall be designated by the Governor from among the appointed members. (4) The Board shall meet as often as shall be necessary to properly discharge its duties; provided, however, that the Board shall meet at least 4 times annually; and provided further, that the State Treasurer or the Chairperson of the Board shall be authorized to call special meetings of the Board and to set the agenda for these meetings. (5) Meetings and/or documents relating to investment strategy or negotiations concerning investment of money belonging to the State shall be exempt from Chapter 100 of this title. (d) Powers and duties of Board. — (1) The Board is authorized and empowered to adopt rules and regulations for the general administration of its duties. (2) The Board shall establish a policy with respect to the creation of all checking accounts by the State or any agency or department by the State or any agency or department of the State, and the State Treasurer shall enforce that policy. (3) The Board, by a majority vote of its members, shall be authorized to enter into agreements to employ or contract for the services of private and public consultants, for research, technical or other services and for facilities, whenever the same shall be deemed by the Board necessary or desirable in the performance of the functions of the Board. No such agreement shall be binding or enforceable unless the State shall have appropriated money to pay the obligations incurred by the Board hereunder. (4) The Board shall prepare and publish an annual report to the General Assembly concerning its activities. (5) The use of teleconferencing or videoconferencing is authorized for use in conducting meetings of the Cash Management Policy Board. (e) Powers and duties of State Treasurer. — (1) The investment of money belonging to the State shall be made by the State Treasurer in accordance with policies established by the Board and subject to the terms, conditions and other matters, including the designation of permissible investments relating to the investment of the money belonging to the State, except for money deposited in any state pension fund or funds of the State Deferred Compensation Program. (2) State agencies and departments, and school districts shall provide the State Treasurer with such reports and projections of receipts and expenditures as well as other data he or she may request to enable the Treasurer to provide the Board with accurate cash flow forecasts. (f) Compensation; indemnification. — (1) Members shall not receive compensation for serving on the Board, but shall be entitled to reimbursement by the State for travel and other expenses incurred in attending meetings of the Board. (2) The State shall indemnify an appointed Board member who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he or she is or was an appointed Board member, against expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding, if he or she acted in good faith and in a manner he or she reasonably believed to be in the best interests of the State and with respect to any criminal action or proceeding had no reasonable cause to believe his or her conduct was unlawful. Expenses incurred in defending a civil, administrative or investigative action, suit or proceeding shall be paid by the State in advance of final disposition of such action, suit or proceeding if: Page 108 Title 29 - State Government a. Initially authorized by a majority vote of the Board exclusive of the member or members to be indemnified unless more than a majority of the Board shall also be parties to the same action, suit or proceeding, in which instance, such authorization shall be by the Governor of the State; and b. Such Board member agrees to repay such amount if it is ultimately determined by the Board or the Governor, as the case may be, pursuant to paragraph (f)(2)a. of this section that such member is not entitled to be indemnified under this section. (g) Administrative support and budget. — The Board is an independent public instrumentality. For administrative and budgetary purposes only, the Board shall be placed within the Department of Finance, Office of the Secretary. Staff support shall be provided by the Department of Finance as determined by the Secretary of Finance. (63 Del. Laws, c. 142, § 2; 65 Del. Laws, c. 373; 68 Del. Laws, c. 278, §§ 1-3; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 290, § 101; 79 Del. Laws, c. 196, § 1; 79 Del. Laws, c. 356, § 1.) § 2717 Proceeds of sale of Farmers’ Bank stock [Repealed]. Repealed by 70 Del. Laws, c. 197, § 7, effective July 10, 1995. § 2718 Local Government Investment Pool. (a) The governing body or investing authority of a local government, meaning any city, town or county in Delaware, may pay moneys of the local government or organization into the Local Government Investment Pool which shall be in the custody of the State Treasurer. The State Treasurer shall invest the funds in the same manner and the same types of investments and subject to the same limitations provided for the deposit and investment of state funds. Funds of the local governments may be combined with funds of the State while invested in the Pool. (b) The State Treasurer shall adopt such rules as are necessary for the administration of this Investment Pool including specification of minimum amounts which may be paid into the Pool and minimum periods of time for which such payments shall be retained in the Pool. Administrative expenses shall be handled by the Office of the State Treasurer. Earnings shall be equitably prorated among the local governments in the Pool based upon the amount and length of time the moneys are on deposit in the Pool. (c) Local government accounts shall remain confidential while in the custody of the State Treasurer. Public records available through the local government will be sufficient public record of the funds on deposit with the Local Government Investment Pool. (68 Del. Laws, c. 278, § 4; 70 Del. Laws, c. 29, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 378, § 45; 76 Del. Laws, c. 280, § 129.) § 2719 Expense of issuing bonds. The annual operating budget shall authorize an appropriation for the Expense of Issuing Bonds in State Treasurer, Debt Management for payment of expenses relating to the issuance of state long-term debt. Disbursement from the Expense of Issuing Bonds appropriation shall not be made without the prior approval of the State Treasurer and the Secretary of Finance. (73 Del. Laws, c. 310, § 10.) § 2720 Delaware Council on Volunteer Fire Service. (a) There is hereby created a Delaware Council on Volunteer Fire Service, hereinafter referred to as the Council, to advise the Secretary of Finance on all matters relating to the administration, implementation and financing of the Volunteer Fire Service Revolving Loan Fund Program. The Council shall review and recommend to the Secretary of Finance for adoption, after a public hearing, criteria for administering and awarding loans from the Volunteer Fire Service Revolving Loan Fund, including but not limited to criteria for assessing recipient need. (b) The Council shall consist of: (1) The President of the Delaware Volunteer Firefighter’s Association or designee; (2) The Chairperson of the State Fire Prevention Commission or designee; and (3) Three members; 1 each appointed by the Presidents of the New Castle, Kent, and Sussex County Firemen’s Associations no later than September 1 for the initial appointment and January 15 of each calendar year thereafter. a. Initial appointments shall be for staggered terms. The member from Sussex County’s initial term shall be for 3 years, the member from Kent County’s initial term shall be for 2 years, and the member from New Castle County’s initial term shall be for 1 year. b. Upon expiration of the preceding terms, subsequent appointments shall be for a 3-year term. c. At the end of a member’s term, such member shall continue to serve until the member’s successor is duly appointed; (4) The State Treasurer or designee; and (5) The Secretary of Finance or designee. (c) The Secretary of Finance shall serve as the chair of the Council. (d) Members of the Council shall receive no compensation. The Council shall hold at least 1 regular meeting each calendar year and shall keep a record of its proceedings. All proceedings of the Council shall be conducted in accordance with Chapter 100 of this title. Page 109 Title 29 - State Government (e) For purposes of conducting business of the Council, 4 voting members shall constitute a quorum. A majority vote of Council members shall be required on any action or matter before the Council. (f) The Council shall adopt procedural rules and regulations to carry out the provisions of this chapter. (73 Del. Laws, c. 434, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 378, § 1.) § 2721 Delaware Volunteer Fire Service Revolving Loan Fund. (a) A special fund appropriation account is hereby created in the Department of Finance, to be known as the Delaware Volunteer Fire Service Revolving Loan Fund, hereinafter referred to as the Fund. Sums appropriated by the General Assembly to the Fund shall be used to create a loan program to be administered according to guidelines and procedures developed by the Delaware Council on Volunteer Fire Service to upgrade equipment and improve facilities that are essential to providing adequate fire, rescue, emergency medical and technical emergency response related service to Delaware communities. Loan funds shall not be made available for equipment that has already been ordered or the expansion of facilities or parking that has already begun, except where such expansion is deemed necessary to provide adequate fire, rescue and emergency medical and technical emergency response services to the surrounding community by the Delaware Council on Volunteer Fire Service. The Fund shall serve as a revolving loan account and shall be eligible to receive loan repayments. The Fund shall be deemed a special fund and shall be approved by the Governor for the following purposes: (1) To accept and retain the funds and revenues appropriated by the General Assembly; (2) To make loans to eligible volunteer fire, rescue and emergency medical service companies meeting the criteria established herein; (3) To buy or refinance debt obligations of eligible volunteer fire, rescue and emergency medical service companies; (4) To facilitate the pledging by an eligible fire, rescue and emergency medical service company of its state grant-in-aid and health insurance rebate funds as collateral for securing a loan from the Fund; (5) To earn interest on amounts on deposit in such Fund; (6) To establish all necessary interest bearing accounts for deposit of loan repayments; and (7) To finance the reasonable costs incurred by the State in the administration of the Fund. (b) The Council shall develop a competitive process to approve loan applications for improving fire, rescue, emergency medical and technical emergency response services throughout the State and, in connection therewith, shall develop criteria to assess the relative needs for fire service and loan assistance throughout the State. Such criteria shall include and shall give highest priority to, but shall not be limited to, consideration of the financial need of the fire, rescue, and emergency medical service companies and the surrounding community. In addition, the Council shall consider: (1) The financial assets of the volunteer fire, rescue, and emergency medical service company making the application, as well as its ability to obtain revenue, income and financial support and loans from outside sources; (2) The age and existing conditions of the volunteer fire, rescue and emergency medical service company’s apparatus, equipment, or facilities, including, but not limited to, whether such apparatus, equipment and facility are in compliance with National Fire Protection Association standards; and (3) The demographic, geographic and financial conditions of the community served by the volunteer fire, rescue and emergency medical service company making the application. (c) The Council shall be required to submit a strategic plan for accomplishing the goals to be met by the Fund and a procedure for the application process by January 31, 2003. Such plan shall contain the guidelines and procedures for the administration of the program and shall be presented to the cochairs of the Joint Legislative Committee on Capital Improvement Programs. No funds shall be loaned from the Delaware Volunteer Fire Service Revolving Loan Fund until the cochairs of the Joint Legislative Committee on Capital Improvement Programs have reviewed and approved the plan. (d) Upon the request of the Council, subsequent to approval of an application in accordance with this subsection, the State Treasurer is authorized to release funds appropriated to the Volunteer Fire Service Revolving Loan Fund sufficient to make such loans. (e) The Council shall submit an annual report to the Governor and cochairs of the Joint Legislative Committee on Capital Improvement programs by October 15 of each succeeding year. (73 Del. Laws, c. 434, § 2.) § 2722 Plans Management Board. (a) Establishment; purposes. — There is hereby established the Plans Management Board (the “Board”). The Board’s purpose shall be to administer the College Investment Plan established pursuant to subchapter XII, Chapter 34 of Title 14, the Delaware Achieving a Better Life Experience Program established pursuant to Chapter 96A of Title 16, and the Deferred Compensation Program established pursuant to Chapter 60A of this title (collectively, “the Plans”), in each case, in accordance with the individual purposes of each of the Plans. (b) Composition. — The Board shall be composed of 11 members as follows: (1) The following persons shall serve by virtue of their position and may appoint a person to serve in their stead and at their pleasure: a. The State Treasurer. b. The Secretary of Finance. Page 110 Title 29 - State Government c. The Director of the Office of Management and Budget. d. The Insurance Commissioner. e. The Secretary of Education. (2) Two state employees shall be appointed by the Governor, 1 of whom shall be eligible to participate in the deferred compensation program established in accordance with § 403(b) of the Internal Revenue Code [26 U.S.C. § 403(b)]. (3) Four public members, who by reason of education or experience are qualified to serve, shall be appointed by the Governor. (c) Term of appointed members; conduct of meetings. — (1) Each appointed member shall be appointed to serve a term of up to 3 years. Members shall be appointed for staggered terms, so that no more than 2 appointed members’ terms shall expire in any 1 calendar year. Appointed members shall be eligible for reappointment. (2) Each member of the Board shall have 1 vote and the powers of the Board shall be exercised by a majority vote of all members present; provided that a majority of current members shall constitute a quorum necessary to hold a meeting of the Board. (3) There shall be a Chairperson of the Board who shall be appointed by the Governor from among the public members appointed by the Governor, to serve at the pleasure of the Governor. (4) The Board shall meet as often as shall be necessary to properly discharge its duties; provided, however, that the Board shall meet at least 4 times annually; and provided further, that the State Treasurer or the Chairperson of the Board shall be authorized to call special meetings of the Board and to set the agenda for these meetings. (5) Meetings and/or documents relating to investment strategy or negotiations concerning investment of money belonging to the Plans shall be exempt from Chapter 100 of this title. (d) Standard of care. — (1) With respect to the Deferred Compensation Program, (“Program”) the Board, its subcommittees, and each of their members shall discharge their duties with respect to the Program solely in the interest of the participants and beneficiaries of the Program and for the exclusive purpose of providing Program benefits to participants and their beneficiaries, including defraying reasonable expenses of administering the Program, with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the Program. (2) With respect to the College Investment Plan (“Plan”) and Delaware Achieving a Better Life Experience Program (“Program”), the Board, its subcommittees, and each of their members shall discharge their duties with respect to the Plan and Program in accordance with the implementing Plan and Program trust documents and applicable law. When investing, managing, or using trust assets, the Board, its subcommittees, and each of their members shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the Plan and Program. The Board may authorize the use of administrative fees from the Plan and Program to defray reasonable expenses of administering each Plan and Program, including marketing expenses, and to fund scholarship, match, or promotional programs as the Board, in its discretion, may establish. (e) Powers and duties of Board. — (1) The Board is authorized and empowered to adopt rules and regulations for the general administration of its duties. (2) The Board is authorized and empowered to establish subcommittees. Subcommittees may include persons who are not members of the Board. (3) The Board is authorized and empowered to make and enter into any and all contracts, agreements, or arrangements for goods and services necessary or desirable for carrying out the purposes of any of the Plans. (4) The Board shall have the power and duty to maintain, invest, and reinvest the funds contributed into the Plans consistent with the standard of care set forth in subsection (d) of this section. (5) The Board shall approve the annual budget for each of the Plans and the collection of application, account, and administrative fees from the assets of each Plan in order to defray all costs of the Plans, to the extent permitted by law. (6) The Board in the exercise of its sole discretion and without liability is specifically authorized to remove any of the Plans’ funds from any financial institution and to reinvest the funds in a similar or different investment alternative at another financial institution at any time. (7) The Board shall arrange for an annual financial audit of each of the Plans, which shall be provided annually to the General Assembly. The Board shall enter into a memorandum of understanding with the Auditor of Accounts regarding each such audit, and payment for each such audit shall be approved by the Board. (8) The use of teleconferencing or videoconferencing is authorized for use in conducting meetings of the Board and its subcommittees, including in order to obtain a quorum and for voting purposes. (f) Compensation; indemnification. — (1) Members may not receive compensation for serving on the Board or its subcommittees. Except for ex officio members, all members are entitled to reimbursement by the State for travel and other expenses incurred in attending meetings of the Board or a subcommittee. A state employee appointed to the Board under paragraph (b)(2) of this section is permitted to count the time spent attending or traveling to and from Board meetings (as well as participation on subcommittees, selection committees, and their like) as part of the employee’s regular work day and may not be required to expend leave time. Page 111 Title 29 - State Government (2) The Board, its subcommittees, and each of their members is entitled to the immunities under Chapter 40 of Title 10, and in addition, a member of the Board or a subcommittee is not liable for any act or omission made during the member’s tenure on the Board or a subcommittee, or for any loss incurred by any person as a result of participation in any of the Plans. Further, the State shall indemnify each Board or subcommittee member who is a party to or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, arising by reason of such member’s participation on the Board or a subcommittee, against any expenses (including attorneys’ fees if the Attorney General determines that such Board or subcommittee member is not entitled to representation by the State), judgments, fines, and amounts paid in settlement actually and reasonably incurred by that member in connection with such action, suit, or proceeding, if that member acted in good faith and in a manner that member reasonably believed to be in the best interest of the State, and with respect to any criminal action or proceeding, so long as that member had no reasonable cause to believe that the member’s conduct was unlawful. Any expenses incurred by such Board or subcommittee member in defending a civil, administrative, or investigative action, suit, or proceeding may be paid by the State in advance of the final disposition of such action, suit, or proceeding on authorization by a majority of the members of the Board and by the Governor. (g) Administrative support. — The Board shall receive administrative support from the Office of the State Treasurer. (80 Del. Laws, c. 295, § 4; 70 Del. Laws, c. 186, § 1; 82 Del. Laws, c. 174, § 1.) Page 112 Title 29 - State Government Part III State Offices Created by Constitution Chapter 29 Auditor of Accounts § 2901 Definitions. As used in this chapter: (1) “Auditor” means the Auditor of Accounts. (2) “State agency” means every department, bureau, division, officer, board or commission of the State. (29 Del. C. 1953, § 2901.) § 2902 Salary. The annual salary of the Auditor shall be $24,000. (Code 1852, § 470; 24 Del. Laws, c. 92, § 1; Code 1915, § 393; 37 Del. Laws, c. 51, § 2; Code 1935, § 367; 45 Del. Laws, c. 76, § 3; 47 Del. Laws, c. 246, § 2; 29 Del. C. 1953, § 2902; 54 Del. Laws, c. 57, § 4; 55 Del. Laws, c. 404, § 4; 57 Del. Laws, c. 329, § 3; 61 Del. Laws, c. 539, § 3.) § 2903 Bond. (a) The Auditor, before entering upon office, shall with sufficient sureties become bound to the State by a joint and several obligation, to be with the sureties approved by the Governor in the penal sum of $2,000 with condition “that if the above named ...................... who has been (duly appointed or duly elected) to be ........................... shall do well and diligently execute the office of ...................... and duly and faithfully fulfill and perform all the trusts and duties to the office appertaining and truly and without delay deliver to the successor in office the seal and all the books, records and papers belonging to the office, safe and undefaced, then this obligation shall be void and of no effect or else shall remain in full force and virtue.” (b) The obligation shall be filed and recorded in the Recorder’s office of Kent County. (c) If any person elected or appointed Auditor shall not, within 7 days next after the day of taking office, become bound as required under this section, the appointment or election shall be void, and another person shall be appointed. (Code 1852, §§ 457-459; 11 Del. Laws, c. 17; 24 Del. Laws, c. 90; Code 1915, § 385; 32 Del. Laws, c. 25; Code 1935, § 359; 29 Del. C. 1953, § 2903; 70 Del. Laws, c. 186, § 1.) § 2904 Deputy; appointment, compensation and powers. The Auditor may appoint a Deputy at an annual salary of $11,000. The Deputy shall take the oath of office and shall act in the absence or disability of the Auditor when so designated by that official and may at all times countersign checks and drafts in the name of the Auditor if so authorized by the Auditor. The Deputy shall at all times be removable by the Auditor. (Code 1915, § 538A; 30 Del. Laws, c. 47; Code 1935, §§ 373A, 422; 41 Del. Laws, c. 78; 45 Del. Laws, c. 75, § 1; 48 Del. Laws, c. 150, § 1; 29 Del. C. 1953, § 2904; 49 Del. Laws, c. 216; 54 Del. Laws, c. 57, § 5; 55 Del. Laws, c. 404, § 5; 70 Del. Laws, c. 186, § 1.) § 2905 Certification of amounts due from justices of peace [Repealed]. Repealed by 65 Del. Laws, c. 259, § 1, effective Apr. 28, 1986. § 2906 Duties of the Auditor of Accounts. (a) The Auditor of Accounts shall conduct postaudits of all the financial transactions of all state agencies. Insofar as possible the audits shall be made no less frequently than biennially. (b) At least quarterly during each fiscal year, the Auditor of Accounts shall arrange for an audit to determine that the books and records maintained by the office of the Secretary of Finance are kept in accordance with generally accepted accounting principles and are reconciled with the various bank accounts. In conjunction therewith, the Auditor of Accounts shall reconcile the records maintained by the office of the Secretary of Finance with the fund balances maintained and reported by the Director of the Office of Management and Budget. (c) The Auditor of Accounts shall have sole responsibility for the arrangements under which the agency postaudits shall be conducted and for the selection of certified public accountants who shall make the postaudits. No other state agency or member, official or employee thereof shall have any part in, or responsibility for, the selection of the certified public accountants, nor shall they make any arrangements, agreements or contracts for the employment of the certified public accountants for the purpose of making agency postaudits. (d) The expenses incurred for the performance of such agency postaudits upon authorization of the Auditor of Accounts shall be charged: (1) To general fund appropriations of the General Assembly to the Office of Auditor of Accounts for Audits of general fund activity; (2) To capital appropriations of the General Assembly to the several agencies for audits of capital fund activity; and Page 113 Title 29 - State Government (3) To general fund appropriations and/or special fund accounts for audits of special fund activity. If there is any question as to the proper accounts to be charged, the question shall be resolved by agreement between the Auditor of Accounts and the Director of the Office of Management and Budget. (e) This section shall not affect § 5109 of Title 14 which shall remain in full force and effect; however, any other provision which stands in conflict with this section shall be null and void. (f) The Auditor of Accounts shall conduct postaudits of local school district tax funds budget and expenditures annually. The results of the audit shall be submitted to the local board, the State Board of Education, the office of Controller General and the local libraries within said school district. Expenses incurred for such postaudits herein authorized shall be borne by the local school districts. (g) The Auditor of Accounts shall conduct postaudits of all agencies, associations and funds created directly or indirectly by the provisions of Title 18 or by the Insurance Commissioner. (h) The Auditor of Accounts shall conduct audits of the State-funded portion of the finances of the University of Delaware as authorized by § 5109 of Title 14. The contractor conducting the audit shall be selected jointly by the University of Delaware and the Auditor of Accounts. (29 Del. C. 1953, § 2906; 54 Del. Laws, c. 39, § 9; 56 Del. Laws, c. 322, § 1; 57 Del. Laws, c. 45, § 1; 65 Del. Laws, c. 263, § 1; 68 Del. Laws, c. 317, § 1; 68 Del. Laws, c. 428, § 1; 69 Del. Laws, c. 64, § 79; 73 Del. Laws, c. 310, § 8; 75 Del. Laws, c. 88, § 21(13).) § 2907 Scope of audits. (a) The audits shall be sufficiently comprehensive to provide, but not limited to, assurance that reasonable efforts have been made to collect all moneys due the State, that all moneys collected or received by any employee or official have been deposited to the credit of the State and that all expenditures have been legal and proper and made only for the purposes contemplated in the funding acts or other pertinent regulations. (b) The audits shall be made in conformity with generally accepted auditing principles and practices. (29 Del. C. 1953, § 2907; 54 Del. Laws, c. 39, § 9; 57 Del. Laws, c. 45, § 2.) § 2908 Clerical and professional assistance. (a) Subject to appropriation limitations, the Auditor may: (1) Employ such qualified office personnel and trained and experienced field personnel as are required to carry out such duties; and (2) Engage the services of public accountants to make audits of selected agencies. (b) If public accountants are hired, the individual or firm hired must be licensed to practice as a certified public accountant within the State. (29 Del. C. 1953, § 2908; 54 Del. Laws, c. 39, § 9; 70 Del. Laws, c. 186, § 1.) § 2909 Audit reports. (a) The Auditor of Accounts shall file written reports covering the Auditor’s postaudits with the state agency concerned, the Governor, the General Assembly, the Attorney General and the Director of the Office of Management and Budget; and, if the Auditor deems necessary, the Auditor may present special reports to the General Assembly for consideration and action. (b) The audit reports shall set forth: (1) Whether all expenditures have been for the purpose authorized in the appropriations therefor; (2) Whether all receipts have been accounted for and paid into the State Treasury as required by law; (3) All illegal and unbusinesslike practices; (4) Recommendations for greater simplicity, accuracy, efficiency and economy; and (5) Such data, information and recommendations as the Auditor of Accounts may deem advisable and necessary. (29 Del. C. 1953, § 2909; 54 Del. Laws, c. 39, § 9; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 21(13).) § 2910 Subpoena power. (a) In connection with other powers of the Auditor of Accounts, the Auditor shall have the power to administer oaths and compel the attendance of witnesses and the production of documents by the filing of a praecipe for a subpoena with the Prothonotary of any county of this State. (b) A subpoena issued under this section shall be effective throughout this State. (c) Service of such a subpoena shall be made by any sheriff of this State by serving the person to whom it is addressed personally or by leaving it at such person’s usual place of abode with a person of suitable age and discretion residing therein. (d) Failure to obey a subpoena shall be punishable under the Rules of the Superior Court. (64 Del. Laws, c. 205, § 1; 70 Del. Laws, c. 186, § 1.) Page 114 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 31 Sustainable Delaware Commission § 3101 Creation and membership. (a) Recognizing that promoting global sustainability, which focuses on the long-term impacts of actions and policies on the environment, people, and communities, the General Assembly hereby establishes the Sustainable Delaware Commission. The Commission shall adopt a mission and goals to make the State sustainable in at least 2 respects: as an employer and entity, and in creating the infrastructure in Delaware to support voluntary sustainability among Delaware entities. The General Assembly further recognizes the role that sustainability initiatives can play in improving communities throughout Delaware in addition to serving as a tool for economic development. The Commission shall research opportunities for sustainable policies and practices that improve community services, including those that cross service areas (such as transportations, land use, education, health, labor force development, and environmental quality) and require coordination and collaboration across levels of government and across public, private and nonprofit institutions. (b) The Commission shall consist of the following members or their designees: (1) The Secretary of Transportation; (2) The Secretary of the Department of Natural Resources and Environmental Control; (3) The Secretary of Human Resources; (4) The Director of the Office of Management and Budget; (5) The Secretary of State; (6) The Controller General; (7) Two members of the Senate, 1 from each caucus, appointed by the President Pro Tempore; (8) Two members of the House, 1 from each caucus, appointed by the Speaker of the House; (9) The President of the University of Delaware; (10) The President of Delaware State University; (11) The President of Delaware Technical and Community College; (12) The Mayor of the City of Wilmington; and (13) Six business and community leaders appointed by the Governor. (c) The Commission shall have a Chair and Vice Chair appointed by the Governor from among the members of the Commission. The Commission may appoint subcommittees and work groups to address areas of focus that include experts and stakeholders who may not be members of the Commission. (81 Del. Laws, c. 280, § 82.) § 3102 Powers and duties. The powers and responsibilities of the Commission shall include: (1) Research, study, advise and recommend to the Governor and/or General Assembly on matters it deems appropriate relating to both sustainability and community engagement. (2) Recommend programs and policies to attract and retain the creative labor force needed for Delaware’s long-term development as a model of sustainable prosperity. (3) Recommend programs and policies to support sustainable practices in government at all levels, specifically those that enhance the use of data, analytics and technology to improve services. (4) Coordinate and advise all departments and agencies of the State on matters pertaining to sustainability and community engagement. (5) Provide government, business and community institutions with information and analysis on options for sustainable practices in all sectors. (6) Recommend changes in state law, regulations, policies and procedures that are desirable to achieve improvements in sustainable practices in all sectors. (7) Develop partnerships to further develop Delaware’s leadership role in sustainability and community engagement, within the State, nationally and internationally. (8) Advise Delaware local governments on the use of data, analytics and technology to improve community services and provide analysis on options for sustainable development. (9) Evaluate the local impacts of state policies and practices on sustainability practices. Page 115 Title 29 - State Government (10) Carry out demonstration projects that may be scaled to benefit other Delaware localities. (11) Initiate, review and/or sponsor legislation pertaining to or impacting sustainability and community engagement in Delaware. (12) Recommend changes in state regulations, policies, and procedures that are desirable to achieve community-based sustainability practices. (13) Seek funding and investment from all sectors to further its mission and goals. (14) Develop and administer a grant program to further its mission and goals. (15) Take all other actions the Commission deems in support of global sustainability and community efforts in Delaware. (81 Del. Laws, c. 280, § 82.) § 3103 The Sustainable Delaware Research Consortium. The Commission’s programs shall be carried out by a Sustainable Delaware Research Consortium which shall be established at the University of Delaware’s School of Public Policy and Administration. Funding shall support operations including research, policy analysis, and demonstration projects that promote the Commission’s Sustainable Delaware initiatives. Grants for demonstration projects shall be allocated to eligible partnerships that will include a Delaware public higher education institution. (81 Del. Laws, c. 280, § 82.) § 3104 Annual report. The Commission shall submit an annual report on its activities and recommendations to the Governor and the General Assembly. (81 Del. Laws, c. 280, § 82.) Page 116 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 32 Delaware Heritage Commission § 3201 Creation and membership; termination. (a) The Delaware Heritage Commission is established and shall be composed of 17 members, 15 of whom shall be citizens of the State appointed by the Governor and 2 of whom shall be ex officio. Appointed members shall serve terms of up to 3 years, excepting the Chairperson, who shall serve at the pleasure of the Governor. Members shall be appointed for staggered terms, so that no more than 5 members’ terms shall expire in any 1 calendar year. (b) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission. (c) The Director of the Division of Historical and Cultural Affairs and the Director of the Delaware Public Archives shall serve as ex officio voting members of the Commission. (1) The Director of the Delaware Public Archives shall be a voting member by virtue of his or her administrative duties overseeing the Delaware Heritage Office, as set forth in § 3202(b) of this title, and the responsibilities of his or her office under regulations established by the National Historical Publications and Records Commission of the National Archives and Records Administration. (2) The Commission may appoint such other representatives of government agencies and nonprofit organizations as it may deem appropriate to appoint and they shall be ex officio, nonvoting members. The Commission may create subcommittees, which may consist of nonmembers, to facilitate its work. (d) Members of the Commission shall be eligible for reappointment. (29 Del. C. 1953, § 9901; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 65 Del. Laws, c. 25, § 1; 67 Del. Laws, c. 323, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 364, §§ 1, 2; 73 Del. Laws, c. 65, § 31; 76 Del. Laws, c. 318, § 1; 78 Del. Laws, c. 328, § 2; 79 Del. Laws, c. 222, § 1.) § 3202 Delaware Heritage Office; personnel thereof. (a) There is hereby established the Delaware Heritage Office of the Delaware Public Archives. (b) The Delaware Heritage Office may employ such personnel as the Secretary of State, in consultation with the Director of the Public Archives and the Commission, shall determine to be necessary to perform the work of the said Office. Such personnel shall be State Merit System employees and shall be hired through the Merit System employment process. The Office shall be under the administrative authority of the Director of the Public Archives and shall assist the Commission in carrying out its duties and functions as set forth in § 3203 of this title. (29 Del. C. 1953, § 9902; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 2; 78 Del. Laws, c. 328, § 3.) § 3203 Powers and duties. (a) The Commission shall plan, encourage, develop, coordinate and implement observances and activities pertaining to the achievement in Delaware of liberty and independence through a constitutional government, and the significant historical events that occurred in Delaware or involved Delaware citizens during the years preceding and following the ratification and adoption of the Constitution of the United States. (b) In carrying out its duties, the Commission shall consider any related plans and programs developed by national organizations, the organizations of other states, local and private groups, and the Commission may designate representatives to serve on special committees, organizations, nonprofit organizations or other entities with representatives from such bodies to plan, develop and coordinate specific activities. (c) [Repealed.] (d) The Commission shall have the authority to organize a nonprofit corporation to assist the Commission in the formulation and execution of its plans; to solicit and receive subscriptions, donations and other funds from public and private sources for organizing and carrying on the undertaking; to negotiate with public or private organizations or persons on terms for approval or endorsement of Commission-related programs or projects; to acquire and hold by gift or otherwise real and other property with full right to convey or dispose of the same in such manner and upon such terms as the corporation may determine, either absolutely or upon condition; to contract with and employ consultants or other agents; to adopt or enforce such bylaws, rules and regulations as the corporation may, from time to time, deem advisable. (e) The Commission shall, no later than December 31 of each year, submit to the Governor and to the General Assembly an annual report of the Commission’s activities and recommendations. Such activities and recommendations may include but are not limited to: Page 117 Title 29 - State Government (1) The production, publication and distribution of books, pamphlets, films and other educational materials on the history, culture and political thought of this nation and State; (2) Bibliographical and documentary projects and publications; (3) Conferences, convocations, lectures, seminars and other programs; (4) The development of permanent memorials and exhibits, including mobile exhibits; (5) Ceremonies and celebrations commemorating specific events; (6) Programs and activities on the local, national and international significance of the American Democracy and its implications for present and future generations; (7) The issuance of commemorative medals, seals, automotive license plates and certificates of recognition; (8) The issuance of grants for projects related to Delaware heritage. (f) The report of the Commission shall include recommendations for the allocation of financial and administrative responsibility among the public and private authorities and organizations recommended for participation by the Commission. The report shall also include proposals for legislation and administrative action the Commission considers necessary to carry out its recommendations. (g) The Commission shall consider matters relating to archives and archival standards throughout the State, and such other matters as may be referred to it by the Governor, the Secretary of State or the General Assembly. The Commission may study, research, plan and make advisory recommendations to the Governor, the Secretary of State or the General Assembly on matters it deems appropriate to provide the best possible archive service in Delaware and to ensure the proper management, preservation, stewardship and use of public and private records of historical value. (h) The Commission shall serve as the state historical records advisory board for the purposes of satisfying regulations established by the National Historical Publications and Records Commission of the National Archives and Records Administration. The Commission will complete all activities required by the National Historical Publications and Records Commission for the State Historical Records Advisory Board. (29 Del. C. 1953, § 9903; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 3; 78 Del. Laws, c. 328, § 4.) § 3204 Cooperation. (a) In fulfilling its responsibilities, the Commission shall consult, cooperate with and seek advice from appropriate state departments and agencies, local public bodies, learned societies and historical, patriotic, philanthropic, civic, professional and related organizations. Heads of state departments and agencies shall cooperate with the Commission in planning, encouraging, developing and coordinating appropriate commemorative activities. (b) The Commission may identify sites within the State that are appropriate for preservation or restoration in order to assure that fitting observances and exhibits may be held. (c) The officials of each state-supported school, college or university shall cooperate with the Commission, especially in the encouragement and coordination of scholarly works and presentations on the history, culture and political thought of this Nation and State. (29 Del. C. 1953, § 9904; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 78 Del. Laws, c. 328, § 5.) § 3205 Donations; preservation of acquisitions; expenditures. (a) The Commission may accept donations of money, property or personal services. (b) Property, including money, acquired by the Commission or by its nonprofit corporation as provided for under the provisions of § 3203 of this title shall be deposited with the Secretary of State, for the sole and exclusive use of the Commission, for preservation and financial management. (c) [Repealed.] (29 Del. C. 1953, § 9905; 58 Del. Laws, c. 179; 61 Del. Laws, c. 319, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 318, § 4; 78 Del. Laws, c. 328, § 6.) Page 118 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 33 Delaware Compensation Commission § 3301 Established; composition; qualifications; terms of office. There is established a commission known as the “Delaware Compensation Commission,” hereinafter referred to as the “Commission,” consisting of 6 members, 2 of whom shall be appointed by the Governor, 1 by the President Pro Tempore of the Senate and 1 by the Speaker of the House of Representatives. The fifth member shall be the President of the Delaware Round Table. The Secretary of the Department of Human Resources of the State shall serve as an ex officio and nonvoting member of the Commission. The appointees shall be persons not holding any public office nor employed substantially full-time with compensation by this State while serving on this Commission. Those appointed shall serve for a 6-year term. Any member is eligible for reappointment. (64 Del. Laws, c. 449, § 1; 75 Del. Laws, c. 88, § 20(6); 81 Del. Laws, c. 66, § 22.) § 3302 Chairperson; expenses. The Commission shall elect 1 of its members chairperson. Members of the Commission shall be reimbursed for actual and necessary expenses, including mileage, incurred while performing the duties imposed by this chapter. The costs and expenses of the Commission shall be paid out of funds appropriated to the Governor’s office. (64 Del. Laws, c. 449, § 1; 70 Del. Laws, c. 186, § 1.) § 3303 Remuneration study; report. (a) The Commission shall make a study of the salaries, emoluments, mileage, per diem, travel and other expense allowances and reimbursements (hereinafter collectively referred to as “remuneration”) of the members of the General Assembly, the Governor, members of the Governor’s cabinet, the Lieutenant Governor, the State Auditor, the State Treasurer, the Attorney General, the Insurance Commissioner, the Justices of the Supreme Court, the Chancellor and Vice-Chancellors of the Court of Chancery and all judges and court commissioners of the Superior Court, the Court of Common Pleas and the Family Court, the Chief Magistrate, the justices of the peace and the Chief Defender. (b) On January 1, 1985, the Commission shall submit to the Governor, the Chief Justice, the President Pro Tempore of the Senate and the Speaker of the House of Representatives its first report establishing such remuneration. Thereafter, the Commission shall cause a report to be prepared every 4 years and submitted on the first day of the session of the General Assembly. The rate of remuneration established in the report for offices which salaries are more than $25,000, except for the Governor shall not exceed 120% of the remuneration received in the fiscal year in which the report is submitted. All departments and divisions of the State shall cooperate in furnishing to the Commission such information as the Commission may deem to be necessary to discharge its duties. With each report, the Commission shall include its recommendations to the Governor and General Assembly concerning pension benefits for members of the General Assembly, subject to the approval of the Board of Pension Trustees that such recommendations are based on reasonable actuarial assumptions and that such recommendations shall not require any additional state appropriation. (64 Del. Laws, c. 449, § 1; 66 Del. Laws, c. 185, § 17; 67 Del. Laws, c. 281, § 10(c)(iii); 72 Del. Laws, c. 395, §§ 40, 44; 76 Del. Laws, c. 213, § 43; 80 Del. Laws, c. 26, § 1.) § 3304 Effect of Commission report. The remuneration for all offices specified in § 3303 of this title established by the report shall take effect and have the force and effect of law as of July 1 following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session. (64 Del. Laws, c. 449, § 1; 66 Del. Laws, c. 303, § 33; 68 Del. Laws, c. 290, § 10(e); 76 Del. Laws, c. 280, § 35.) Page 119 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 34 Commission on Natural Areas and Open Spaces Acquisition [Repealed]. §§ 3401, 3402 Establishment and composition; powers and duties [Repealed]. Repealed by 67 Del. Laws, c. 352, § 2, effective July 13, 1990. Page 120 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 35 Delaware Commission on Italian Heritage and Culture § 3501 Delaware Commission on Italian Heritage and Culture. (a) There is hereby established a Delaware Commission on Italian Heritage and Culture hereinafter referred to as the Commission. The Commission shall consist of 9 members, all of whom shall be American citizens descended from Italian ancestry and residents of the State as follows: (1) Three members appointed by the Speaker of the House of Representatives, 1 each for a term of 1, 2 and 3 years; (2) Three members appointed by the President Pro Tempore of the Senate, 1 each for a term of 1, 2 and 3 years; and (3) Three members appointed by the Governor, 1 each for a term of 1, 2 and 3 years, 1 of whom shall be designated as Chair. After the initial appointments, all terms shall be for 3 years. (b) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incidental to their duties. (c) The Commission shall: establish, maintain and develop cultural ties between Italians and Italian-Americans; foster a special interest in the historical and cultural backgrounds of both groups, as well as in the economic, political, social, and artistic life of the countries involved; and help establish or promote Italian language programs in the schools of this State. (d) This Commission shall fall under the authority of the Secretary of State and shall have such powers, duties and functions as hereinabove set forth and as may subsequently be assigned by the Secretary, and such other matters as may be referred to it by the Governor, the Secretary of State or the General Assembly. (e) The Commission shall be given office space as established by the Secretary of State. (f) A vacancy prior to the expiration of the term of a member of the Commission shall be filled for the remainder of the term. (74 Del. Laws, c. 426, § 1; 78 Del. Laws, c. 43, §§ 1, 2.) Page 121 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 36 Abraham Lincoln Bicentennial Act §§ 3601-3605 Short title; legislative findings; establishment; duties; membership; number and appointment [Repealed]. Repealed by 75 Del. Laws, c. 422, § 6, effective Jan. 1. 2010. Page 122 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 37 Delaware Commission on Indian Heritage and Culture § 3701 Delaware Commission on Indian Heritage and Culture; creation and purpose. The Delaware Commission on Indian Heritage and Culture (“Commission”) is created to establish, maintain, and develop cultural ties between Indians and Indian-Americans; foster a special interest in the historical and cultural backgrounds of both groups, as well as in the economic, political, social, and artistic life of the countries involved; and help study, establish, or promote programs or events that will provide appropriate awareness of the culture, history, heritage, and language of Indians and Indian-Americans. (80 Del. Laws, c. 407, § 1.) § 3702 Membership; qualifications; terms. (a) The Commission shall consist of 9 members who are appointed as follows: (1) Two members, appointed by the Speaker of the House of Representatives. (2) Two members, appointed by the President Pro Tempore of the Senate. (3) One member, appointed by the Delaware Asian American Business Association. (4) One member, appointed by the Delaware Association of Physicians of Indian Origin. (5) One member, appointed by Gujarati Samaj of Delaware. (6) One member, appointed by the Indo-American Association of Delaware. (7) One member, appointed by the India U.S. Society of Delaware. (b) A member of the Commission must be a citizen of the United States descended from Indian ancestry and must hold a professional license in this State, own a business in this State, or reside in this State. (c) The members of the Commission serve at the pleasure of the appointing authority. (80 Del. Laws, c. 407, § 1.) § 3703 Organization; quorum. (a) The Commission shall elect a Chair at its first meeting in a calendar year and the Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Commission shall elect a new Chair at its next meeting. (b) The Chair of the Commission has all of the following duties: (1) Setting a date, time, and place for the meetings of the Commission. (2) Supervising the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission. (c) If the Chair becomes vacant, the Secretary of State, or the Secretary’s designee, shall fulfill the duties of the Chair contained in subsection (b) of this section until a replacement is elected by the Commission. (d) A majority of the membership of the Commission constitutes a quorum to conduct official business. (80 Del. Laws, c. 407, § 1.) § 3704 Authority. The Commission shall fall under the authority of the Secretary of State and shall have such powers, duties, and functions described in § 3701 of this title and such other duties and functions as may be referred to it by the Governor, the Secretary of State, or the General Assembly. (80 Del. Laws, c. 407, § 1.) § 3705 Compensation. The members of the Commission shall serve without compensation. (80 Del. Laws, c. 407, § 1.) Page 123 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 38 Delaware African and Caribbean Affairs Commission § 3801 The Delaware African and Caribbean Affairs Commission; creation and purpose. The Delaware African and Caribbean Affairs Commission is created for the following purpose and functions: (1) Provide the Governor, members of the General Assembly, and policy makers with recommendations required to promote the welfare and interests of all people of African descent who reside in the State. (2) To work with various governmental agencies, business communities, and nonprofit organizations to meet the needs of people of African and Caribbean descent, including seeking funding from foundations and other sources to promote workforce and economic development of the community. (3) To provide a platform for the promotion of cultural and historical heritage of any people of African descent. (4) To facilitate the socioeconomic relationship between the African and Caribbean countries, citizens, and residents, and this State. (81 Del. Laws, c. 21, § 1.) § 3802 Membership; qualifications; terms. (a) The Commission shall consist of 7 members who are appointed as follows: (1) Two members, appointed by the Speaker of the House of Representatives. (2) Two members, appointed by the President Pro Tempore of the Senate. (3) Two members, appointed by the Governor. (4) One member, appointed by the President of the Delaware Africa Caribbean Coalition, from Delaware Africa Caribbean Coalition (DACC) members. (b) The members of the Commission serve 3-year terms. (81 Del. Laws, c. 21, § 1.) § 3803 Organization; quorum. (a) The Commission shall elect a Chairperson at its first meeting in a calendar year and the Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Commission shall elect a new Chairperson at its next meeting. (b) The Chair of the Commission has all of the following duties: (1) Setting a date, time, and place for the meetings of the Commission. (2) Supervising the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission. (c) If the Chair becomes vacant, the Secretary of State, or the Secretary’s designee, shall fulfill the duties of the Chair until a replacement is elected by the Commission. (d) A majority of the membership of the Commission constitutes a quorum to conduct official business. (81 Del. Laws, c. 21, § 1.) § 3804 Authority. The Commission shall fall under the authority of the Secretary of State and shall have such powers, duties, and functions described in § 3801 of this title and such other duties and functions as may be referred to it by the Governor, the Secretary of State, or the General Assembly. (81 Del. Laws, c. 21, § 1.) § 3805 Subcommittees; creation and purpose. (a) The Commission may establish subcommittees to engage with other organizations in the State that share a similar mission to exchange ideas and information and provide those organizations the opportunity to serve the Commission. (b) Any member of the Commission can make nominations of prospective subcommittee members and the Commission shall consider the nominations and make appointments to any subcommittee by majority vote of the Commission. (81 Del. Laws, c. 21, § 1.) § 3806 Compensation. All members of the Commission and any subcommittees established under the Commission shall serve without compensation. (81 Del. Laws, c. 21, § 1.) Page 124 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 39 Delaware Commission on Interstate Cooperation § 3901 Committees of the Senate, the House and the Governor. (a) There shall be a standing committee of the Senate of the General Assembly to be known as the Senate Committee on Interstate Cooperation and to consist of 3 Senators. The members and the chairperson of this Committee shall be designated by the President Pro Tempore of the Senate. (b) There shall be a similar standing committee of the House of Representatives of the General Assembly to be known as the House Committee on Interstate Cooperation and to consist of 3 members of the House of Representatives. The members and the chairperson of this committee shall be appointed by the Speaker of the House of Representatives. (c) There shall be a committee of administrative officials and private citizens of Delaware to be known as the Governor’s Committee on Interstate Cooperation and to consist of 3 members. The Governor shall appoint 1 of the 3 members of this Committee as its Chairperson. In addition to the regular members, the Governor shall be ex officio an honorary nonvoting member of this Committee. (42 Del. Laws, c. 202, §§ 1-3; 29 Del. C. 1953, § 3901; 70 Del. Laws, c. 186, § 1.) § 3902 Function and term of legislative committees. The Committee of the Senate and the Committee of the House of Representatives shall function during the regular sessions of the General Assembly and also during the interim periods between such sessions. Their members shall serve until their successors are designated. The Senate and House Committees shall respectively constitute for this State the Senate Council and the House Council of the American Legislators’ Association. The term of each administrative member of this Commission shall extend until the 1st day of February of each year of the regular biennial session of the General Assembly and until such member’s successor is appointed. (42 Del. Laws, c. 202, § 5; 29 Del. C. 1953, § 3902; 70 Del. Laws, c. 186, § 1.) § 3903 Composition of Commission. There shall be a Delaware Commission on Interstate Cooperation. This Commission shall be composed of 9 regular members, namely: (1) The 3 members of the Senate Committee on Interstate Cooperation; (2) The 3 members of the House Committee on Interstate Cooperation; and (3) The 3 members of the Governor’s Committee on Interstate Cooperation. (42 Del. Laws, c. 202, § 4; 29 Del. C. 1953, § 3903.) § 3904 Functions of the Commission. It shall be the function of the Commission to: (1) Carry forward the participation of this State as a member of the Council of State Governments; (2) Encourage and assist the legislative, executive, administrative and judicial officials and employees of this State to develop and maintain friendly contact by correspondence, by conference and otherwise with officials and employees of the other states, of the federal government and of local units of government; (3) Endeavor to advance cooperation between this State and other units of government whenever it seems advisable to do so by formulating proposals for and by facilitating: a. The adoption of compacts; b. The enactment of uniform or reciprocal statutes; c. The adoption of uniform or reciprocal administrative rules and regulations; d. The informal cooperation of governmental offices with one another; e. The personal cooperation of governmental officials and employees with one another individually; f. The interchange and clearance of research and information; and g. Any other suitable process; (4) Do all such acts as will, in the opinion of this Commission, enable this State to do its part, or more than its part, in forming a more perfect union among the various governments in the United States and in developing the Council of State Governments for that purpose. (42 Del. Laws, c. 202, § 6; 29 Del. C. 1953, § 3904.) § 3905 Powers of the Commission. The Commission shall establish such delegations and committees as it deems advisable in order that they may confer and formulate proposals concerning effective means to secure intergovernmental harmony and may perform other functions for the Commission in Page 125 Title 29 - State Government obedience to its decisions. Subject to the approval of the Commission, the member or members of each such delegation or committee shall be appointed by the Chairperson of the Commission. The Commission may provide such other rules as it considers appropriate concerning the membership and the functioning of any such delegation or committee. The Commission may provide for advisory boards for itself and for its various delegations and committees. (42 Del. Laws, c. 202, § 7; 29 Del. C. 1953, § 3905; 70 Del. Laws, c. 186, § 1.) § 3906 Reports of Commission to the Governor. The Commission shall report to the Governor and to the General Assembly within 15 days after the convening of each regular legislative session and at such other times as it deems appropriate. (42 Del. Laws, c. 202, § 8; 29 Del. C. 1953, § 3906.) § 3907 Compensation of members; expenses; use of contributions. (a) The members of the Commission and the members of all delegations and committees which it establishes shall serve without compensation for such service but shall be paid their necessary expenses in carrying out their obligations under this chapter. (b) The Commission may: (1) Appoint 1 of its members its Secretary; (2) Employ a stenographer; (3) Incur such other expenses as may be necessary for the proper performance of its duties; and (4) By contributions to the Council of State Governments, participate with other states in maintaining the Council’s district and central secretariats and its other governmental services. (42 Del. Laws, c. 202, § 8; 29 Del. C. 1953, § 3907.) § 3908 Informal titles of Committees and Commission. The Committees and the Commission established by this chapter shall be informally known, respectively, as the Senate Cooperation Committee, the House Cooperation Committee, the Governor’s Cooperation Committee and the Delaware Cooperation Commission. (42 Del. Laws, c. 202, § 9; 29 Del. C. 1953, § 3908.) Page 126 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 40 Delaware Commission on Irish Heritage and Culture § 4001 Delaware Commission on Irish Heritage and Culture; creation and purpose. The Delaware Commission on Irish Heritage and Culture (“Commission”) is created to establish, maintain, and develop cultural ties between the Irish people and Irish-Americans; foster a special interest in the historical and cultural backgrounds of both groups, as well as in the economic, political, social, and artistic life of the countries involved; and help study, establish, or promote programs or events that will provide appropriate awareness of the culture, history, heritage, and language of the Irish people and Irish-Americans. (81 Del. Laws, c. 255, § 1.) § 4002 Membership; qualifications; terms. (a) The Commission shall consist of members who are appointed as follows: (1) Two members, appointed by the Speaker of the House of Representatives. (2) Two members, appointed by the President Pro Tempore of the Senate. (3) One member, appointed by the Irish American Chamber of Commerce and Trade Council of Delaware. (4) One member, appointed by the New Castle County Irish Society. (5) One member, appointed by the St. Patrick’s Day Society. (6) Two members, appointed by the Irish Culture Club of Delaware, 1 of whom shall be from Kent County and 1 of whom shall be from Sussex County. (7) One member, appointed by Governor. (8) One member, appointed by the Lieutenant Governor. (b) A member of the Commission may be a citizen of the United States or a person holding dual citizenship between the United States and the Nation of Ireland, the United Kingdom or any nation not hostile to the United States or the Nation of Ireland. (c) The members of the Commission serve at the pleasure of the appointing authority. (81 Del. Laws, c. 255, § 1.) § 4003 Organization; quorum. (a) The Commission shall elect a Chair at its first meeting, to serve a 2-year term and the Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Commission shall elect a new Chair at its next meeting. (b) The Chair of the Commission has all of the following duties: (1) Setting a date, time, and place for the meetings of the Commission. (2) Supervising the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission. (c) If the Chair becomes vacant, the Secretary of State, or the Secretary’s designee, shall fulfill the duties of the Chair contained in subsection (b) of this section until a replacement is elected by the Commission. (d) A majority of the membership of the Commission constitutes a quorum to conduct official business. (81 Del. Laws, c. 255, § 1.) § 4004 Authority. The Commission shall fall under the authority of the Secretary of State and shall have such powers, duties, and functions described in § 4001 of this title and such other duties and functions as may be referred to it by the Governor, the Secretary of State, or the General Assembly. (81 Del. Laws, c. 255, § 1.) § 4005 Compensation. The members of the Commission shall serve without compensation. (81 Del. Laws, c. 255, § 1.) Page 127 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 43 Notaries Public Subchapter I Office and Duties § 4301 Appointment of notaries in general; qualifications; revocation. (a) In addition to the notaries public authorized to be appointed under §§ 4302-4306 of this title, the Governor may appoint as many notaries public as the Governor may decide is necessary and proper in each county of the State. The Governor may delegate such duties relative to the appointment of notaries to the Secretary of State as the Governor may decide is necessary and proper. For purposes of this title, “Secretary” shall mean the Secretary of State. Any person who acts as a notary under Delaware law shall register and be commissioned and otherwise be in compliance with the provisions of this title. (b) Any person who desires to become a notary shall be at least 18 years of age and shall provide such evidence as the Secretary may require to show: (1) Good character and reputation; (2) A reasonable need for a notary commission; and (3) Legal residence including street address of the notary within the State. (c) The Governor may also appoint, as notaries public for notarial acts other than electronic notarial acts, nonresidents of this State who otherwise meet the requirements of paragraphs (b)(1) and (b)(2) of this section, provided that such individuals maintain an office or regular place of employment in Delaware. Nonresidents seeking appointments as notaries public shall include in their application a residential address and a Delaware employment address. Those appointed as notaries shall also notify the Secretary of each change of address within 30 days of such change. All addresses required by this subsection shall include a street address. Service of process, subpoenas and other documents upon nonresident notaries may be made personally or by leaving them with any person of suitable age and discretion at the Delaware place of employment. Substituted service shall be effectual if served upon the Secretary of State, under the guideline of § 376(b) of Title 8 in the event that the office has been closed or such individual ceases to be regularly employed at the filed Delaware employment address. The Secretary of State shall then forward such documents to the filed residential address. (d) The Governor, or as permitted, the Secretary may revoke any notary commission for cause. (e) The Secretary may promulgate regulations or establish such additional standards and guidelines governing applications, registrations, appointments, and the conduct of resident and nonresident notaries. (Code 1852, § 661; 23 Del. Laws, c. 69, § 3; Code 1915, § 1006; 36 Del. Laws, c. 107; Code 1935, § 1136; 41 Del. Laws, c. 100; 43 Del. Laws, c. 97; 48 Del. Laws, c. 138; 29 Del. C. 1953, § 4301; 50 Del. Laws, c. 43, § 1; 53 Del. Laws, c. 29; 53 Del. Laws, c. 350; 58 Del. Laws, c. 511, § 63; 69 Del. Laws, c. 123, §§ 1-3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, §§ 1, 2.) § 4302 Appointment of electronic notaries; term. (a) The Governor may appoint as many electronic notaries as the Governor may decide is necessary and proper. The Governor may delegate such duties relative to the appointment of electronic notaries to the Secretary of State as the Governor may decide is necessary and proper. Any person who acts as an electronic notary under Delaware law shall register and be commissioned and otherwise be in compliance with the provisions of this title. (b) Any person who desires to become an electronic notary shall be at least 18 years of age and shall provide such evidence as the Secretary may require to show: (1) Good character and reputation; (2) A reasonable need for an electronic notary commission; and (3) Legal residence including street address of the electronic notary within the State. (c) The Governor may also appoint, as notaries public for electronic notarial acts, nonresidents of this State who otherwise meet the requirements of paragraphs (b)(1) and (b)(2) of this section provided that such individual shall have demonstrated to the satisfaction of the Secretary that: (1) Such individual maintains an office or regular place of employment in Delaware; or (2) Such individual is an attorney-at-law in good standing licensed in any state, commonwealth, territory, district or possession of the United States or such individual is a legal assistant or paralegal working under the direct supervision of an attorney-at-law in good standing licensed in any state, commonwealth, territory, district or possession of the United States and such attorney-at-law is a Page 128 Title 29 - State Government Delaware electronic notary and has previously submitted to the Secretary and had approved by the Secretary an application containing such information as the Secretary shall deem necessary and proper and demonstrating such attorney-at-law has a reasonable need for permitting 1 or more legal assistants or paralegals under that attorney-at-law’s direct supervision to become an electronic notary under Delaware law; or (3) Such individual is a current employee of a banking, trust, or insurance company organized and regulated under the laws of the United States or any state, commonwealth, territory, district or possession of the United States, and such banking, trust, or insurance company shall have previously submitted to the Secretary and had approved by the Secretary an application containing such information as the Secretary shall deem necessary and proper and demonstrating that such banking, trust, or insurance company is in good standing and has a reasonable need for permitting 1 or more of its employees to become an electronic notary under Delaware law; or (4) Such individual is a current employee of a federal governmental agency or unit of the United States and such agency or unit shall have previously submitted to the Secretary and had approved by the Secretary an application containing such information as the Secretary shall deem necessary and proper and demonstrating that such agency or unit has a reasonable need for permitting 1 or more of its employees to become an electronic notary under Delaware law. Any such electronic notary, so appointed, shall only perform electronic notarial acts in the performance of their official duties. Nonresidents seeking appointment as a Delaware electronic notary public shall include in their application their primary residential address within any state, commonwealth, territory, district or possession of the United States and their employment address in Delaware or within any state, commonwealth, territory, district or possession of the United States. Those appointed as electronic notaries public shall also notify the Secretary of each change of address within 30 days of such change. Each nonresident electronic notary not having an employment address in Delaware shall also designate a registered agent in the State of Delaware to receive service of process, subpoenas and other documents. All addresses required by this subsection shall include a street address. Service of process, subpoenas and other documents upon nonresident electronic notaries may be made personally or by leaving them with any person of suitable age and discretion at the Delaware place of employment or the electronic notary’s registered agent, if applicable. Substituted service shall be effectual if served upon the Secretary of State, under the guideline of § 376(b) of Title 8 in the event that the office has been closed or such individual ceases to be regularly employed at the filed Delaware employment address or such registered agent has resigned. The Secretary of State shall then forward such documents to the electronic notary’s filed residential address or employment address outside of the State. (d) An applicant to become an electronic notary shall submit a registration form established by the Secretary for registering and being commissioned as an electronic notary, which shall include: (1) The applicant’s full legal name; (2) A description of the technology or technologies the registrant will use for electronic identification, electronic signatures and such other aspects involved in performing each electronic notarial transaction; (3) If the device used to create the registrant’s electronic signature is issued or registered through a licensed authority, the name of that authority, the source of the license, the starting and expiration dates of the device’s term of registration, and any revocations, annulments, or other premature terminations of any registered device of the registrant that were due to misuse or compromise of the device, with the date, cause, and nature of each termination explained in detail; (4) The electronic mail address of the registrant; (5) The electronic signature of the notary which shall be unique to the notary; (6) Evidence that the electronic notary has taken a course of instruction, whether in the classroom, distance learning or online, in accordance with standards established by the Secretary prior to being commissioned as an electronic notary, and continuing education, whether in the classroom, distance learning or online, in accordance with standards established by the Secretary, during the 2-year term as provided in § 4307 of this title; and (7) Such other information as the Secretary shall reasonably request. The registration form shall (i) be signed by the applicant using the electronic signature described in the form; (ii) include any decrypting instructions, codes, keys, or software that allow the registration to be read; and (iii) be transmitted electronically to the Secretary. Nothing herein shall be construed to prevent an electronic notary from using updated technology or technologies during the term of the commission; however, the electronic notary shall notify the Secretary electronically within 90 days of installation or use of such updated technology or technologies and provide a brief description thereof. (e) The Governor, or as permitted, the Secretary may revoke any electronic notary commission for cause. (f) The Secretary may promulgate regulations or establish such additional standards and guidelines governing applications, registrations, appointments, and the conduct of resident and nonresident electronic notaries. (76 Del. Laws, c. 253, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 165, § 3.) § 4303 Appointment of certain officers as notaries; term. The Governor shall appoint every person who is appointed to the office of justice of the peace and as Secretary of Finance also as a notary public. The Secretary of Finance shall only act as a notary public in connection with work performed in carrying out the duties Page 129 Title 29 - State Government of the office. The notary commission of any person appointed a notary public under this section shall terminate at the same time such person’s term of office terminates. (Code 1852, § 661; 23 Del. Laws, c. 69, §§ 1-3; Code 1915, § 1006; 32 Del. Laws, c. 61; 33 Del. Laws, c. 64, §§ 1-2; 36 Del. Laws, c. 107; Code 1935, § 1136; 29 Del. C. 1953, § 4302; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 91, § 14; 76 Del. Laws, c. 253, § 1.) § 4304 Appointment of notary for each bank or branch. The Governor shall appoint 1 notary public for each trust company, bank, banking association or branch or branches thereof in this State, whether state or national, chartered or organized under the laws of this State or of the United States. (Code 1852, § 661; 23 Del. Laws, c. 69, §§ 1-3; Code 1915, § 1006; 36 Del. Laws, c. 107; Code 1935, § 1136; 48 Del. Laws, c. 176; 29 Del. C. 1953, § 4303; 76 Del. Laws, c. 253, § 1.) § 4305 Appointment of court reporters as notaries public. The Governor may, upon the request of the Chief Justice of the Supreme Court, appoint any of the official court reporters as a notary public. (29 Del. C. 1953, § 4303A; 55 Del. Laws, c. 383; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 253, § 1.) § 4306 Appointment of notaries for certain service organizations; limited governmental notaries; limitations. (a) The Governor may, upon the request of the department commander of a State-recognized veterans’ organization, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, commander or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any veteran, their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered. (b) The Governor may, upon the request of any administrative head of any volunteer fire company or volunteer ambulance and rescue company, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, chief or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any members of the organizations listed herein to include their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered. (c) Upon the request of the administrative head of any state, county, municipal, or local governmental agency or unit of this State whose personnel include full-time police officers who are statutorily responsible for the prevention or investigation of crime involving injury to persons or property and who are authorized to execute search warrants and to make arrests (hereinafter called a “qualified police agency”), the Governor shall appoint a sufficient number of electronic notaries public as may be requested by the administrative head to facilitate the law-enforcement responsibilities of the agency or unit. The appointments shall be for a term of 2 years, without charge to the appointee, administrative head, or police agency, except for costs not waived by the Secretary which are established under § 4307(b) of this title for special identification cards, hardware, or other related materials and technologies or training. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with, and for the benefit of, their respective police agency. The notaries public so appointed shall make no charge for any service rendered and the Secretary may waive the fees established pursuant to the schedule authorized under § 4307(c) of this title for electronic notarial acts or services performed by such electronic notaries public. (d) The Governor may appoint as limited governmental notaries public who otherwise meet the requirements of § 4301(b) or (c) of this title provided: (1) The individual is an employee of a state governmental agency or unit; or (2) The individual is an employee of a qualified police agency as defined in subsection (c) of this section above; and (3) The individual submits the following forms to be established by the Secretary: a. An application form completed by the applicant; and b. An employer request and approval form. Such appointments shall expire upon the end of the notary’s employment with the State or qualified police agency and shall be made without charge to the appointee or the agency or unit. Any such notary, so appointed shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except for those duties established by their respective agency or unit. The notaries public so appointed shall make no charge for any service rendered. The engraving of the notary seal shall comply with § 4310(a) of this title except that the Commission expiration date statement required by such subsection shall be satisfied by the phrase “My Commission expires upon office.” A notary public appointed under this subsection that transfers employment to another state governmental agency or unit or qualified police agency shall notify the Secretary of such change within 30 days. The notary may only retain the appointment upon receipt of an employer request and approval form from the agency or unit to which the notary transferred. (Code 1935, § 1136; 41 Del. Laws, c. 99; 29 Del. C. 1953, § 4304; 50 Del. Laws, c. 37, § 1; 51 Del. Laws, c. 361; 56 Del. Laws, c. 174; 58 Del. Laws, c. 10; 66 Del. Laws, c. 139, § 2; 67 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 3, § 1; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 4.) Page 130 Title 29 - State Government § 4307 Term of office; fees; resignation. (a) Notaries public shall be initially commissioned for the term of 2 years. Any notary public who wishes to renew that notary public’s own commission may request a 2-year reappointment or a 4-year reappointment. A notary applicant must pay a nonrefundable application fee of $60 for a 2-year term or $90 for a 4-year term. (b) Electronic notaries public shall be commissioned for the term of 2 years. An electronic notary applicant must pay a nonrefundable application fee of $60. The Secretary may establish such other fees to cover the actual costs incurred by the State to issue or provide any special identification cards, hardware or other related materials, technologies or training to electronic notaries public. (c) The Secretary may establish a schedule of fees for each electronic notarial act or service, not to exceed $10 per notarial act or service. (d) Every notary who wishes to resign from office or who no longer meets the qualifications for a commission during their term of office shall immediately mail or deliver the official commission to the Secretary, who shall cancel the same. (e) Every notary who is registered to perform electronic notarizations who wishes to resign or who no longer meets the qualifications for a commission or whose term of office shall have expired shall immediately erase, delete or destroy the coding, disk, certificate, card, software or password that enables the electronic affixation of the notary’s official electronic signature or seal and shall so certify to the Secretary. The failure of an electronic notary to comply with this subsection may result in the Secretary imposing a civil penalty on the notary of $500. (f) If any person shall knowingly or wilfully make any false or fraudulent statement or misrepresentation in or with reference to any application for a notary commission or any other document required by this chapter, such person shall be guilty of perjury. (Code 1852, § 663; 21 Del. Laws, c. 59, § 1; 23 Del. Laws, c. 69, § 3; Code 1915, § 1008; 28 Del. Laws, c. 70; Code 1935, § 1139; 29 Del. C. 1953, § 4305; 59 Del. Laws, c. 440, § 1; 66 Del. Laws, c. 186, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 65, § 1; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, §§ 5, 6.) § 4308 Oath. The notaries and resident electronic notaries shall severally take and subscribe the oath or affirmation prescribed by article XIV of the Constitution of this State. The nonresident electronic notaries shall severally take and subscribe the oath or affirmation on a commission issued by the Secretary before a notary public or other officer authorized to administer oaths. Notaries and electronic notaries shall be exempt from the recordation of the oath of office prescribed by § 9605(a) of Title 9. Notaries and electronic notaries shall not be permitted to perform notarial acts until a copy of the fully executed oath is received by the Secretary in an electronic or paper document format deemed acceptable by the Secretary. (Code 1852, §§ 666, 667; 21 Del. Laws, c. 59, § 2; Code 1915, § 1011; 28 Del. Laws, c. 70; Code 1935, § 1142; 29 Del. C. 1953, § 4306; 50 Del. Laws, c. 43, § 2; 59 Del. Laws, c. 440, § 2; 66 Del. Laws, c. 186, § 3; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 7.) § 4309 Seal and powers. (a) The notary shall have a seal and shall exercise the powers and perform the duties belonging to that office. The notary shall also have power to take the acknowledgement of deeds and other instruments. The notary public must ensure, either from personal knowledge of identity or from satisfactory evidence of identity as defined in § 4321 of this title, that the individual whose presence and signature is being certified is in fact the person he or she claims to be. (b) A notary who has registered with the Secretary to perform electronic notarizations as required by § 4302 of this title shall have an electronic seal and may perform a notarial act by electronic means. The electronic notary must ensure, either from personal knowledge of identity or from satisfactory evidence of identity as defined in § 4321 of this title, that the individual whose presence and signature is being certified is in fact the person he or she claims to be. (c) A notary public or electronic notary public shall not notarize a document without the person signing the document being personally present. (Code 1852, § 662; Code 1915, § 1007; Code 1935, § 1138; 29 Del. C. 1953, § 4307; 63 Del. Laws, c. 85; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 253, § 1.) § 4310 Engraving of seal; effect of use of nonconforming seal; electronic notarial seal; notary’s official signature; electronic signature. (a) The seal required by § 4309 of this title shall be used in the transaction of official business by notaries public. Each notary public shall provide, keep and use a seal that is either an engraved embossed seal or a black-inked rubber stamp seal to be used on the paper document being notarized. The seal shall contain the notary’s name exactly as it appears on the commission, the words “My Commission expires on” and the commission expiration date and the words “Notary Public” and “State of Delaware.” (b) If the official seal of any notary public is not engraved in conformity with this section, it shall not invalidate an official act, but such act shall be as valid as though the seal had been engraved in conformity with the requirements of this section. (c) The electronic seal required by § 4309 of this title shall be used in the transaction of all official electronic notarial acts and shall contain the notary’s name exactly as it appears on the commission, the words “My Commission expires on” and the commission expiration date and the words “Notary Public” and “State of Delaware.” Page 131 Title 29 - State Government (d) In acting as a notary public, a notary shall sign the notary’s name exactly and only as it appears on the commission, or otherwise execute the notary’s electronic signature in a manner that attributes such signature to the notary public identified on the commission. (e) The notary’s official electronic seal and signature shall be attached to an electronic document in a manner that is capable of independent verification and prevents any subsequent changes or modifications to the electronic document. (f) A notary performing electronic notarial acts shall: (1) Use an electronic seal and signature that conform to generally accepted standards for secure electronic notarization; (2) Use the notary’s electronic seal and signature only for the purpose of performing electronic notarial acts; (3) Take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by its issuing or registering authority; (4) Keep the electronic seal and signature secure under the notary’s exclusive control and shall not allow them to be used by any other person; and (5) Take reasonable steps to ensure the integrity, security and authenticity of electronic notarizations. (g) Immediately upon discovering that the notary’s physical or electronic seal, electronic signature or official journal required under § 4314 of this title has been lost, stolen or may be otherwise used by a person other than the notary, the notary shall immediately notify the Secretary who shall disable use of the missing technology on any electronic system of the Secretary. Upon request of the electronic notary and completion of a new registration form: (1) Signed by the applicant using the electronic signature described in the form; and (2) Including any decrypting instructions, codes, keys, or software that allow the registration to be read; the Secretary may reinstate the electronic notary. The electronic notary may notify appropriate law-enforcement agency in the case of theft or vandalism. (h) Any notary public failing to comply with the requirements of this section may be removed by the Governor for neglect. (16 Del. Laws, c. 17; Code 1915, § 1012; Code 1935, § 1143; 29 Del. C. 1953, § 4308; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 65, § 2; 76 Del. Laws, c. 253, § 1.) § 4311 Fees for services. (a) The maximum fee a notary public can charge for any paper notarial act is $5.00. (b) The maximum fee a notary public can charge for any electronic notarial act is $25. (c) The fees prescribed in this section shall be the maximum fees to be charged by any notary public and, upon violation hereof, the Secretary may revoke the commission of such notary, and such notary shall not be reappointed within a period of 2 years. (d) A notary public may choose to waive any fee for any notarial act; provided, however, that a notary public may not waive any fee or fees for an electronic notarial act or service assessed pursuant to § 4307(c) of this title. (Code 1852, §§ 666, 667, 2830, 2833, 2834, 2836; Code 1915, §§ 1011, 4883, 4886, 4887, 4889; 28 Del. Laws, c. 70; 33 Del. Laws, c. 65; 34 Del. Laws, c. 91, § 4; Code 1935, §§ 1142, 1146, 5371, 5374, 5375, 5377; 29 Del. C. 1953, § 4309; 72 Del. Laws, c. 65, §§ 3-6; 76 Del. Laws, c. 253, § 1.) § 4312 Special fee provisions for certain services to members of the armed forces and to veterans; penalties; jurisdiction of justices of peace. (a) No notary public or other person who is authorized by law to take the acknowledgment of instruments or to administer oaths or affirmations shall charge any person serving in the armed forces of the United States, or a veteran of any war, or the widow or children of a soldier, or soldier’s parents, or widower or other relative of any person in the armed services the fee provided by law when an acknowledgment, oath or affirmation is taken in connection with any paper or papers required to be executed by the Veterans Administration or in support of any claim or other papers connected with or referring to the service of any male or female now serving or who hereafter may serve or who, in the past, has served in the armed forces of the United States. (b) Whoever violates subsection (a) of this section shall be fined not less than $10 nor more than $25 and, in default of the payment of such fine, shall be imprisoned for not more than 5 days. (c) Justices of the peace shall have jurisdiction of offenses under this section. (Code 1935, § 1138A; 45 Del. Laws, c. 259; 29 Del. C. 1953, § 4311; 76 Del. Laws, c. 253, § 1.) § 4313 Commission; signature of Governor; seal. (a) The commission appointing a notary public or electronic notary public shall be in such form as the Secretary of State shall designate and shall be executed by the Governor and the Secretary of State. The signatures required by this subsection shall be satisfied by an electronic or a facsimile signature which may be engraved, printed or stamped thereon. (b) The commission shall have placed thereon the impression of the Great Seal of the State, or a facsimile of the Great Seal shall be engraved or printed thereon. (29 Del. C. 1953, § 4312; 55 Del. Laws, c. 66; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 8.) Page 132 Title 29 - State Government § 4314 Official electronic journal of notarial acts. (a) A notary performing electronic notarial acts shall keep, maintain, protect and provide for lawful inspection an electronic journal of notarial acts. The Secretary shall establish standards for the maintenance of electronic journals. (b) For every electronic notarial act, the notary shall record in the journal at the time of notarization the following: (1) The date and time of day of the notarial act; (2) The type of notarial act; (3) The type, title or a description of the document or proceeding; (4) The printed name and address of each person whose signature is notarized or who requests a notarial act; (5) The evidence of identity of each principal, in the form of either: a statement that the person is “personally known” to the notary; a notation of the type of identification document and the identification number on such identification document; or the printed name and address of the credible witness swearing or affirming to the person’s identity; (6) The fee, if any, charged for the notarial act; and, (7) Such other information as the notary may deem to be necessary and appropriate. (c) A notary shall not record a Social Security or credit card number in the journal. (d) A notary shall keep the official journal secure under the notary’s exclusive control and shall not allow it to be used by any other person. (e) A notary shall maintain a backup record of an electronic journal and ensure protection of such backup record from unauthorized use. The Secretary shall establish standards for backup records. (76 Del. Laws, c. 253, § 1.) Subchapter II Notarial Acts § 4321 Definitions. As used in this chapter: (1) “Acknowledgment” shall mean a statement by a person that the person has executed an instrument for the purposes stated therein. If the instrument is executed in a representative capacity, an acknowledgement certifies that the person who signed the instrument did so with proper authority and executed the instrument as the act of the person or entity stated therein. (2) “Affirmation” shall mean a promise of truthfulness that is a solemn, spoken pledge on one’s own, personal honor without reference to a Supreme Being. (3) “Copy certification” means a notarial act in which a notary: a. Is presented with a document that is not a public record; b. Copies or supervises the copying of the document using a photographic or electronic copying process; c. Compares the document to the copy; and d. Determines that the copy is accurate and complete. (4) “Credible witness” means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual’s identity. (5) “Document” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including a record as defined in the Uniform Electronic Transactions Act (Chapter 12A of Title 6). (6) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (7) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means. (8) “Electronic notarial act” and “electronic notarization” mean an official act by a notary under this title or as otherwise authorized by law that involves electronic documents. (9) “Electronic notarial certificate” means the portion of a notarized electronic document that is completed by the notary public, bears the notary public’s signature, title, commission expiration date, and other required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular notarization. (10) “Electronic notary public” or “electronic notary” means a notary public who has been commissioned by the Secretary with the capability of performing electronic notarial acts under this chapter. (11) “Electronic notary seal” or “electronic seal” means information within a notarized electronic document that confirms the notary’s name, jurisdiction, and commission expiration date and generally corresponds to data in notary seals used on paper documents. (12) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. Page 133 Title 29 - State Government (13) “Notarial act” shall mean any act that a notary public of this State is authorized to perform and includes: a. Taking an acknowledgement; b. Administering an oath or affirmation; c. Taking a verification upon oath or affirmation; d. Witnessing or attesting a signature; e. Certifying or attesting a copy; f. Noting a protest of a negotiable instrument. (14) “Notarial officer” shall mean a notary public or any other officer authorized to perform notarial acts. (15) “Oath” shall mean a promise of truthfulness that is a solemn, spoken pledge to a Supreme Being. (16) “Personal knowledge of identity” or “personally knows” means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed. (17) “Prima-facie evidence” shall mean evidence that would, if uncontested, establish a fact or raise a presumption of a fact. (18) “Principal” means: a. A person whose signature is notarized; or b. A person, other than a credible witness, taking an oath or affirmation from the notary. (19) “Record of notarial acts” means a device for creating and preserving a chronological record of notarizations performed by a notary. (20) “Representative capacity” shall mean: a. For and on behalf of a corporation, partnership, trust or other entity as an authorized officer, agent, partner or other representative; b. As a public officer, personal representative, guardian or other representative in the capacity recited in the instrument; c. As an attorney in fact for a principal; or d. In any other capacity as an authorized representative of another. (21) “Satisfactory evidence of identity” means identification of an individual based on: a. Examination of 1 or more of the following documents bearing a photographic image of the individual’s face and signature: a United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state-issued driver’s license or a state-issued identification card or a United States military card; or b. The oath or affirmation of 1 credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual or of 2 credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in paragraph (21)a. of this section. (22) “Seal” means a device for affixing on a paper document an image containing the notary’s name and other information related to the notary’s commission. (23) “Secretary” means Secretary of State. (24) “Verification upon oath or affirmation” shall mean a statement by a person who asserts that the statement is true and makes the assertion upon oath or affirmation. (63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 72 Del. Laws, c. 65, § 8; 76 Del. Laws, c. 253, § 1.) § 4322 Notarial acts. (a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument. (b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified. (c) In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the signature is that of the person appearing before the officer and named therein. (d) In certifying or attesting a copy of a document the notary public must supervise the making of a photocopy of an original document and shall attest to the authenticity of such copy. Notaries public, however, shall not attest to copies of official or public records, only of documents that cannot be certified by a public official. (e) In making or noting a protest of a negotiable instrument, a notarial officer must determine the matters set forth in § 3-505 of Title 6. (f) An electronic notarial act performed by a notary public or other person authorized in this title shall constitute a notarial act under the laws of this State, provided that the official signature and seal of an electronic notary: (1) Shall be attached to or logically associated with the document; Page 134 Title 29 - State Government (2) Shall be independently verifiable; and (3) Will be invalidated if the underlying document is modified. (63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 72 Del. Laws, c. 65, § 9; 76 Del. Laws, c. 253, § 1.) § 4323 Notarial acts — Acts in this State. (a) A notarial act may be performed within this State by the following persons: (1) A notary public of this State; (2) A judge, clerk or deputy clerk of any court of this State; (3) A person licensed to practice law in this State; (4) A person authorized by the law of this State to administer oaths; and (5) Any other person authorized to perform the specific act by the law of this State. (b) Notarial acts performed within this State under federal authority as provided in § 4325 of this title have the same effect as if performed by a notarial officer of this State. (c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title. (d) An electronic notarial act performed by a person appointed by the Governor under this chapter shall be deemed to have been performed within this State. (e) A document notarized by a notary public or other person referenced in this section above, which appears on its face to be properly notarized, shall be presumed to have been notarized properly in accordance with the laws and regulations of this State. (64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1.) § 4324 Notarial acts — Acts in other jurisdictions of the United States. (a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons: (1) A notary public of that jurisdiction; (2) A judge, clerk or deputy clerk of a court of that jurisdiction; or (3) Any other person authorized by the law of that jurisdiction to perform notarial acts. (b) Notarial acts performed in other jurisdictions of the United States under federal authority as provided in § 4325 of this title have the same effect as if performed by a notarial officer of this State. (c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine, and that the person holds the designated title. (d) The signature and title of an officer listed in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of a holder of that title to perform a notarial act. (e) A document notarized by a notary public or other person referenced in this section above, which appears on its face to be properly notarized, shall be presumed to have been notarized properly in accordance with the laws and regulations of the jurisdiction within the United States in which the document was notarized. (64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1.) § 4325 Notarial acts — Acts under federal authority. (a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed anywhere by any of the following persons under authority granted by the law of the United States: (1) A judge, clerk or deputy clerk of a court; (2) A commissioned officer on active duty with the military services of the United States; (3) An officer of the foreign service or consular officer of the United States; or (4) Any other person authorized by federal law to perform notarial acts. (b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title. (c) The signature and title of an officer listed in paragraph (a)(1), (a)(2) or (a)(3) of this section conclusively establish the authority of a holder of that title to perform a notarial act. (d) A document notarized by a notary public or other person referenced in this section above, which appears on its face to be properly notarized, shall be presumed to have been notarized properly in accordance with the laws and regulations of the jurisdiction in which the document was notarized. (63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1.) Page 135 Title 29 - State Government § 4326 Foreign notarial acts. (a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons: (1) A notary public or notary; (2) A judge, clerk or deputy clerk of a court of record; or (3) Any other person authorized by the law of that jurisdiction to perform notarial acts. (b) An “apostille” in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the designated office. (c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate. (d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the designated title. (e) An official stamp or seal of an officer listed in paragraph (a)(1) or (a)(2) of this section is prima facie evidence that a person with that title has authority to perform notarial acts. (f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, it conclusively establishes the authority of an officer with that title to perform notarial acts. (63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1.) § 4327 Certificate of notarial acts. (a) A notarial act must be evidenced by a certificate physically or electronically signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office that the notarial officer holds and may include the official stamp or seal of office, or the electronic notary’s electronic seal. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty with the military services of the United States, it must also include the officer’s rank. (b) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) of this section and it: (1) Is in the short form set forth in § 4328 of this title; (2) Is in a form otherwise prescribed by the law of this State; (3) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or (4) Sets forth the actions of the notarial officer, and those are sufficient to meet the requirements of the designated notarial act. (5) Near the notary’s official signature on the notarial certificate of a paper document, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal, or, to an electronic document, the notary shall attach an official electronic seal. (c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by § 4322 of this title. (63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1.) § 4328 Short forms. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by § 4327(a) of this title: (1) For an acknowledgment in an individual capacity: State of .................................... County of .................................... This instrument was acknowledged before me on (date) by (name(s) of person(s)). ........................................................................ (signature of notarial officer) (Seal) ........................................................................ (title and rank) (my commission expires: .........) (2) For an acknowledgment in a representative capacity: State of .................................... County of .................................... Page 136 Title 29 - State Government This instrument was acknowledged before me on (date) by (name(s) of person(s)) as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed). ........................................................................ (signature of notarial officer) (Seal) ........................................................................ (title and rank) (my commission expires: .........) (3) For a verification upon oath or affirmation: State of .................................... County of .................................... Signed and sworn to (or affirmed) before me on (date) by (name(s) of person(s) making statement). ........................................................................ (signature of notarial officer) (Seal) ........................................................................ (title and rank) (my commission expires: .........) (4) For witnessing or attesting a signature: State of .................................... County of .................................... Signed and attested before me on (date) by (name(s) of person(s)). ........................................................................ (signature of notarial officer) (Seal) ........................................................................ (title and rank) (my commission expires: .........) (5) For attestation of a copy of a document: State of .................................... County of .................................... I certify that this is a true and correct copy of a document in the possession of (name(s) of person(s). ........................................................................ (signature of notarial officer) (Seal) ........................................................................ (title and rank) (my commission expires: .........) (63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1.) § 4329 Electronic certificate of authority. (a) Form of evidence of authority of electronic notarial act. — On a notarized electronic document transmitted to another state or country outside of the United States, electronic evidence of the authenticity of the official signature and seal of an electronic notary of the State of Delaware, shall be attached to or logically associated with the document and shall be in the form of an electronic certificate of authority signed by the Secretary that is independently verifiable and will be invalidated if the underlying document is modified. (b) Certificate of authority for electronic notarial act. — An electronic certificate of authority evidencing the authenticity of the official signature and seal of an electronic notary of the State of Delaware shall contain substantially the following words: Certificate of Authority for an Electronic Notarial Act I, (name and title), certify that (name of electronic notary), the person named as Electronic Notary Public in the attached or associated electronic document, was commissioned as an Electronic Notary Public for the State of Delaware and authorized to act as such at the time of the document’s electronic notarization. To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic signature this day of , 20 . (Electronic signature and seal of commissioning official) (76 Del. Laws, c. 253, § 1.) Page 137 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 44 Honorary Offices § 4401 Poet Laureate. The Governor may appoint a Poet Laureate for Delaware to serve at the pleasure of the Governor. The Poet Laureate shall perform such duties as may be requested by the Governor or the Secretary of State or their designees. (29 Del. C. 1953, § 4401; 54 Del. Laws, c. 267; 57 Del. Laws, c. 608, § 6; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 352, § 1.) Page 138 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 46 Office of Defense Services § 4601 Office of Defense Services. There is created the Office of Defense Services, comprised of 3 branches: Central Administration, the Public Defender’s Office and the Office of Conflicts Counsel. (29 Del. C. 1953, § 4601; 54 Del. Laws, c. 227, § 1; 80 Del. Laws, c. 26, § 1.) § 4602 Appointment; representation of defendants. (a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represent, without charge, each indigent person who is under arrest or charged with a crime, if: (1) The defendant requests it; or (2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject of record the opportunity to be so represented. (b) Before arraignment the determination of indigency may be made by the Office of Defense Services. At or after arraignment the determination shall be made by the court. (c) Any person under the age of 18 arrested or charged with a crime or act of delinquency shall be automatically eligible for representation by the Office of Defense Services. (29 Del. C. 1953, § 4602; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 26, § 1; 80 Del. Laws, c. 278, § 1.) § 4603 Term of office; compensation; assistants. (a) For appointments made after July 1, 2015, the Chief Defender shall serve for a term of 8 years from the date of appointment. (b) The Chief Defender may appoint as many assistant attorneys, clerks, investigators, stenographers and other employees as the Chief Defender considers necessary to enable the Office of Defense Services to carry out the responsibilities of the office. Assistant Public Defenders and attorneys contracting with the Office of Conflicts Counsel must be licensed to practice in this State. (c) The compensation of persons appointed under subsection (b) of this section shall be fixed by the Chief Defender. (d) Salaried attorneys employed by the Office of Defense Services are prohibited from engaging in the practice of law outside the duties of the Office of Defense Services. Salaried attorneys who have already established private practices as of January 1, 2015, are exempt from the prohibition until May 28, 2025. After May 28, 2025, all salaried attorneys employed by the Office of Defense Services are prohibited from engaging in private law practice. (29 Del. C. 1953, § 4603; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 110; 80 Del. Laws, c. 26, § 1.) § 4604 Representation of indigent persons. When representing an indigent person, the Office of Defense Services shall: (1) Counsel and defend the indigent person, whether held in custody without commitment or charged with a criminal offense, at every stage of the proceedings following arrest; and (2) Prosecute any appeals or other remedies before or after conviction that the Chief Defender considers to be in the interest of justice. (29 Del. C. 1953, § 4604; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 26, § 1.) § 4605 Appointment of additional counsel. For cause, the court may, on its own motion or upon the application of the Office of Defense Services or the indigent person, appoint the Office of Conflicts Counsel, or other qualified counsel, to represent the indigent person at any stage of the proceedings or on appeal. The attorneys contracting with the Office of Conflicts Counsel shall be awarded reasonable compensation and reimbursement for expenses necessarily incurred, to be fixed by the Chief Defender and paid through the Office of Conflicts Counsel. (29 Del. C. 1953, § 4605; 54 Del. Laws, c. 227, § 1; 64 Del. Laws, c. 90, § 67A; 64 Del. Laws, c. 130, § 9(a); 64 Del. Laws, c. 212, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 26, § 1.) § 4606 Annual reports. The Office of Defense Services shall make an annual report to the Governor and the General Assembly covering all cases handled by the Office of Defense Services during the preceding year. (29 Del. C. 1953, § 4606; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 26, § 1.) Page 139 Title 29 - State Government § 4607 Administrative fee assessment. (a) Each court of this State shall assess an administrative fee in the amount of $100 against any defendant on whose behalf an appearance is made by the Office of Defense Services, or any other attorney who has been appointed by a court to represent the defendant in a criminal proceeding. This fee shall be payable even though the criminal proceedings do not result in conviction but are instead terminated by a guilty plea, nolle prosequi or order of the court. (b) Upon assessment of any administrative fee under this section, each defendant shall be directed to pay such assessment forthwith to the clerk of the court in which an entry of appearance by the Office of Defense Services or any other attorney who has been appointed by a court was entered. (c) A defendant’s present inability, failure or refusal to pay an assessment made under this section shall not operate to disqualify a defendant from legal representation. (d) If a defendant is unable or fails to pay the administrative fee pursuant to this section, the court shall order the defendant to report to the Commissioner of the Department of Correction or a person designated by the Commissioner, for work for a number and schedule of hours necessary to discharge the fine, pursuant to § 4105(b) of Title 11. (e) In the event that any portion of an administrative fee assessed under this section shall remain unpaid at the time of sentencing, the sentencing judge shall make payment of the administrative fee an express condition of any sentence imposed. (f) All moneys received in satisfaction of assessments under this section shall revert to the General Fund and the clerk of each court shall regularly remit all moneys received to the State Treasurer. (g) On or before the first day of November of each year, the courts of this State in which assessments are regularly made under this section shall provide the State Auditor with a written report detailing the dollar value of assessments made in the previous fiscal year, the amount collected in the previous fiscal year as well as the balance of unpaid assessments at the open and close of the previous fiscal year. (69 Del. Laws, c. 286, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 342, § 1; 80 Del. Laws, c. 26, § 1.) § 4608 Short title. This chapter may be cited as the “Office of Defense Services Act.” (29 Del. C. 1953, § 4607; 54 Del. Laws, c. 227, § 1; 69 Del. Laws, c. 286, § 1; 80 Del. Laws, c. 26, § 1.) Page 140 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 47 Forensic Science § 4701 Division of Forensic Science established; purpose. The purpose of this chapter is to establish a Division of Forensic Science to provide leadership and coordination in the exercise of forensic sciences. In furtherance of that purpose, there is created the Division of Forensic Science under the supervision and control of the Director of the Division of Forensic Science. The Division of Forensic Science is established and operational within the Department of Safety and Homeland Security. The Division of Forensic Science shall have all the powers, duties, and functions heretofore vested in the Office of the Chief Medical Examiner, its personnel, and the Forensic Science Laboratory. The Office of the Chief Medical Examiner is hereby abolished. (29 Del. C. 1953, § 4705; 50 Del. Laws, c. 502, § 1; 53 Del. Laws, c. 175, § 2; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 54; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 265, § 1.) § 4701A Definitions. For purposes of this chapter, “next of kin” means 1 of the following: (1) A spouse. (2) If no spouse, the decedent’s adult children. (3) If no spouse or adult children, the decedent’s parents. (4) If no spouse, adult children, or parents of the decedent, the person who is legally entitled to claim the decedent’s remains for final disposition. (81 Del. Laws, c. 358, § 1.) § 4702 Rules and regulations. The Department of Safety and Homeland Security may adopt and promulgate rules and regulations to carry into effect this chapter. (29 Del. C. 1953, § 4706; 50 Del. Laws, c. 502, § 1; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 55; 79 Del. Laws, c. 265, § 1.) § 4703 Appointment of professional and other personnel. (a) The Director of the Division of Forensic Science shall appoint, with the approval of the Secretary of the Department of Safety and Homeland Security, a Chief Medical Examiner, who shall be a board-certified pathologist, with preference given to applicants with training and experience in the field of forensic pathology. The Chief Medical Examiner shall serve at the pleasure of the Director of the Division of Forensic Science and shall be subject to removal with or without cause by the Director of the Division of Forensic Science or the Secretary of the Department of Safety and Homeland Security. (b) The Director of the Division of Forensic Science may appoint, with the approval of the Department of Safety and Homeland Security Assistant Medical Examiners who shall be physicians with 2 years or more of training or experience in pathology, necessary numbers of Deputy Medical Examiners who shall be practicing physicians and a toxicologist who shall have a Ph.D. degree in toxicology or pharmacology or a master’s degree in toxicology or pharmacology with a minimum of 3 years of experience in analytical toxicology, at such compensation as shall be determined by the Department of Safety and Homeland Security. The Director of the Division of Forensic Science may also appoint, in accordance with the state merit system regulations, technical, clerical and other personnel, as may be necessary for proper administration of the Division. (c) The Director of the Division of Forensic Science may employ, with the approval of the Department of Safety and Homeland Security, physicians on a contract basis for part-time services, as may be required. Except as otherwise provided, all professional, technical and clerical personnel appointed in accordance with this section are directly responsible to the Director of the Division of Forensic Science and are subject to removal by the Director of the Division of Forensic Science or the Secretary of the Department of Safety and Homeland Security for cause, in accordance with any state merit system regulations applicable to the position. (d) The Director of the Division of Forensic Science or his or her designee may conduct pre-employment drug testing of any contractor or prospective employee accepting a position with the Division, random drug testing of employees, and testing upon reasonable suspicion that an employee is impaired by an illegal drug. The timing, procedures, and specific controlled substances of any drug testing shall be conducted in accordance with policies or regulations adopted by the Division. The Division is further authorized to conduct preemployment criminal background checks of any contractor or prospective employee accepting a position with the Division, and such persons are subject to criminal background checks from time to time while working in or for the Division. (e) The Director of the Division of Forensic Science and Chief Medical Examiner shall be subject to the same Department of Safety and Homeland Security policies and procedures with respect to overtime, vacation and leave time, and compensatory time as other Department Page 141 Title 29 - State Government of Safety and Homeland Security division directors. The Director of the Division of Forensic Science, Chief Medical Examiner, Assistant Medical Examiners, Deputy Medical Examiners, forensic toxicologists, and forensic chemists shall not be permitted to maintain or engage in employment, or to work as an independent contractor, outside of the Division of Forensic Science without prior written approval of the Secretary. Such prior written approval must be issued for each employer or contract for private outside employment. (29 Del. C. 1953, § 4707; 50 Del. Laws, c. 502, § 1; 53 Del. Laws, c. 175, § 3; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 55; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 265, § 1.) § 4704 Duties of Medical Examiners. (a) The Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners shall perform all the medical and other functions formerly devolving upon the coroners, deputy coroners and coroners’ physicians in the counties of this State and in the City of Wilmington and duties imposed upon them by this chapter. (b) The Chief Medical Examiner shall comply with the orders and directions of the Department of Safety and Homeland Security. (29 Del. C. 1953, § 4708; 50 Del. Laws, c. 502, § 1; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 56; 79 Del. Laws, c. 265, § 1.) § 4705 Office and equipment. The Division of Forensic Science shall be maintained in a suitable place or places which shall be designated by the Secretary of the Department of Safety and Homeland Security. The Department of Safety and Homeland Security shall provide or arrange for proper and necessary equipment for use of the staff of the Division of Forensic Science. (29 Del. C. 1953, § 4709; 50 Del. Laws, c. 502, § 1; 53 Del. Laws, c. 175, § 3; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 55; 79 Del. Laws, c. 265, § 1.) § 4706 Investigation of deaths. (a) When any person shall die in this State, as a result of violence, by suicide or by casualty if such occurred not longer than 1 year and 1 day prior to death, while under anesthesia, by abortion or suspected abortion, by poison or suspicion of poison, by overdose death as defined at § 4799A of Title 16 or suddenly when in apparent health or when unattended by a physician or in any prison or penal institution or when in police custody or from a disease resulting from employment including disease related to injury or from an undiagnosed cause which may be related to a disease constituting a threat to public health or in any suspicious or unusual manner or if there is any unclaimed body or if anybody is to be cremated, it shall be the duty of the person having knowledge of such death or of the person issuing a permit for cremation under § 3162 of Title 16 immediately to notify the Chief Medical Examiner, an Assistant Medical Examiner or a Deputy Medical Examiner, as the case may be, who in turn shall notify the Attorney General of the known facts concerning the time, place, manner and circumstances of such death. Any person who shall wilfully neglect or refuse to report such death or who shall refuse to make available prior medical or other information pertinent to the death investigation or who, without an order from the Division of Forensic Science, shall wilfully touch, remove or disturb the clothing or any article upon or near the body shall upon conviction be subject to imprisonment for not more than 1 year or pay a fine of not more than $1,000, or both. (b) Immediately upon receipt of such notification, the Medical Examiner shall take charge of the dead body if either the Medical Examiner or the Attorney General shall deem it necessary. The Division of Forensic Science shall promptly notify a relative or close acquaintance of the deceased, if known, of such action. (c) The Medical Examiner shall fully investigate the essential facts concerning the medical causes of death and may take the names and addresses of as many witnesses as may be practicable to obtain and shall reduce such facts as the Medical Examiner may deem necessary to writing and file the same in the Division of Forensic Science. The essential facts concerning the medical causes of death of any person who has died from an overdose death as defined at § 4799A of Title 16 shall be communicated to the Delaware Department of Justice. (d) The Medical Examiner or a duly authorized investigator, in the absence of the next of kin, shall take possession of the personal property found on the deceased and make an exact inventory thereof on the Medical Examiner’s report. If necessary an attending police officer may take temporary possession of such property in behalf of the Medical Examiner or an authorized investigator. (e) The Medical Examiner shall take possession of any object or articles which, in the Medical Examiner’s opinion, may be useful in establishing the identity of the deceased person or the cause of death and deliver them to the Attorney General. The balance of the personal property of the deceased remaining in the possession of the Medical Examiner shall be released to the next of kin of the deceased or the personal representative of the deceased. (29 Del. C. 1953, § 4710; 50 Del. Laws, c. 502, § 1; 53 Del. Laws, c. 175, §§ 5-7; 57 Del. Laws, c. 140, § 1; 58 Del. Laws, c. 58, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 265, § 1; 80 Del. Laws, c. 220, § 2.) § 4707 Postmortem examination; autopsy reports. (a) When the cause of death shall have been established within reasonable medical certainty by a Medical Examiner, the Medical Examiner shall prepare a written report and file it in the Division of Forensic Science within 90 days after an investigation of such death. (b) If, however, in the opinion of the Medical Examiner an autopsy is necessary in the public interest or as shall be requested by the Attorney General, the same shall be performed by the Chief Medical Examiner, an Assistant Medical Examiner or by such other competent Page 142 Title 29 - State Government pathologists as may be designated by the Chief Medical Examiner. No person who authorizes or performs an autopsy pursuant to this chapter shall be liable in any civil action for damages. (c) A detailed report of the findings written during the progress of the autopsy, related laboratory analysis and the conclusions drawn therefrom shall be filed in the Division of Forensic Science. (d) Promptly upon the conclusion of the postmortem examination, the body of the decedent shall be released to such person as shall be designated by a member of the decedent’s immediate family, preferably the next of kin or by an appropriate representative of the decedent’s estate. (e) Upon written request the next of kin of the deceased shall receive a copy of the postmortem examination report, the autopsy report and the laboratory reports, unless there shall be a criminal prosecution pending in which case no such reports shall be released until the criminal prosecution shall have been finally concluded. The charge for completion of an insurance form for proof of death shall be $5.00. (29 Del. C. 1953, § 4711; 50 Del. Laws, c. 502, § 1; 53 Del. Laws, c. 175, § 8; 57 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 591, § 55; 58 Del. Laws, c. 58, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 265, § 1; 81 Del. Laws, c. 358, § 2.) § 4708 Forensic Sciences Laboratory. The Forensic Sciences Laboratory is established and operational within the Division of Forensic Science. The Director of the Division of Forensic Science functions as the Director of the Forensic Sciences Laboratory. (66 Del. Laws, c. 209, § 4; 79 Del. Laws, c. 265, § 1.) § 4709 Power to administer oaths and issue subpoenas. The Director of the Division of Forensic Science, the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners, in the course of investigation of a death, may administer oaths and affirmations and take affidavits and make examinations as to any matter within the jurisdiction of their respective offices, but the Chief Medical Examiner, the Assistant Medical Examiners and the Deputy Medical Examiners may not summon a jury of inquisition. The Chief Medical Examiner, or in the Chief Medical Examiner’s absence, Assistant Medical Examiners or Deputy Medical Examiners, shall have the power to issue subpoenas. (29 Del. C. 1953, § 4712; 50 Del. Laws, c. 502, § 1; 57 Del. Laws, c. 140, § 1; 66 Del. Laws, c. 209, § 3; 79 Del. Laws, c. 265, § 1.) § 4710 Records and reports; evidence. (a) The Chief Medical Examiner is to keep full and complete records of the Division of Forensic Science pertaining to the investigation of deaths and postmortem examinations. Such records shall be properly indexed, giving the name, if known, of every deceased person investigated, the place where the body was found, the date and the cause of death and all other available information relating thereto. The original report of Medical Examiners and the detailed findings of the autopsy and subsequent laboratory examinations, if any, shall be attached to the record of each case. (b) The Chief Medical Examiner shall deliver to the Attorney General copies of all records relating to every death in which, in the judgment of the investigating Medical Examiner, further investigation may be deemed advisable. (c) The Attorney General may obtain from the Division of Forensic Science copies of all records or other information which the Attorney General may deem necessary. (d) The records of the Division of Forensic Science prepared by the Director of the Division of Forensic Science or by anyone under the Director’s direction or supervision or a true copy thereof certified by the Director or the Chief Medical Examiner shall be received as competent evidence in any court in this State of the matters and facts therein contained. (29 Del. C. 1953, § 4713; 50 Del. Laws, c. 502, § 1; 57 Del. Laws, c. 140, § 1; 66 Del. Laws, c. 209, § 3; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 265, § 1.) § 4711 Disposition of unclaimed body or remains of indigent person. (a) In any case where there is an unclaimed body or there are remains of indigent persons and it is incumbent on the State or any political subdivision thereof to bury such person found dead, the Chief Medical Examiner or a duly authorized representative shall notify the Division of Social Services of the Department of Health and Social Services to arrange for the burial unless the case falls within the category described in subsection (b) of this section. (b) When there is a written consent of the next of kin or other legally responsible party, the remains of an indigent person may be cremated or donated for scientific research. (29 Del. C. 1953, § 4714; 57 Del. Laws, c. 140, § 1; 59 Del. Laws, c. 111, §§ 1-3; 61 Del. Laws, c. 429, § 1; 66 Del. Laws, c. 209, § 3; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 190.) § 4712 Authority to provide corneas to eye banks. (a) Upon request of an approved eye bank on behalf of a patient in need of corneal tissue for a transplant, a Medical Examiner is authorized to provide the cornea under the following conditions: Page 143 Title 29 - State Government (1) A decedent who may provide a suitable cornea for transplant is under the jurisdiction of the Medical Examiner; (2) An autopsy will be required; (3) No objection by the decedent or next of kin is known by the Medical Examiner prior to the removal of the cornea by a representative of an approved eye bank; and (4) Removal of the cornea for transplant will not interfere with the subsequent course of a postmortem examination or alter the postmortem facial appearance. (b) For the purposes of this section, “approved eye bank” includes the Medical Eye Bank of Delaware and the Eye Foundation of Delaware Valley. (c) The Medical Examiner or an approved eye bank, while acting in compliance with this section, shall not be liable to the next of kin of a decedent, whose corneal tissue is removed and donated pursuant to this section, for any civil damages. (62 Del. Laws, c. 396, § 1; 65 Del. Laws, c. 43, § 1; 66 Del. Laws, c. 209, § 3; 81 Del. Laws, c. 358, § 3.) § 4713 DNA analysis and data bank. (a) In any criminal proceeding, DNA (deoxyribonucleic acid) testing shall be deemed to be a reliable scientific technique, and the evidence of a DNA profile comparison shall be admitted to prove or disprove the identity of any person. This section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court. The court shall, regardless of the results of the DNA analysis, if any, consider such other relevant evidence of the identity of the person as shall be admissible in evidence. (b) (1) Any person convicted on or after June 16, 1994, of any offense or attempted offense defined in subchapter II, subpart D or subchapter V of Chapter 5, Title 11 or who is in the custody of the Department of Correction after June 16, 1994, as a result of a conviction on one of the above offenses shall have a biological sample taken by the Department of Correction for DNA (deoxyribonucleic acid) lawenforcement identification purposes and inclusion in law-enforcement identification databases. Any person convicted on or after June 16, 1994, who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court. (2) Any person convicted after July 1, 2003, of any offense that is defined and classified as a felony under Title 11 shall have a biological sample taken by the Department of Correction for DNA (deoxyribonucleic acid) law-enforcement identification purposes and inclusion in law-enforcement identification databases. Any person convicted after July 1, 2003, of such felony offense and who is not sentenced to a term of confinement shall provide a biological sample as a condition of such sentence at a time and place specified by the sentencing court. (c) The biological samples shall be obtained in a medically approved manner by a physician, registered nurse, licensed practical nurse, phlebotomist, medical technologist or other qualified personnel approved by the Director of the Division of Forensic Science, and packaged and submitted in containers provided or approved by the Division of Forensic Science in accordance with administrative regulations promulgated by the Division of Forensic Science. No civil liability shall attach to any person authorized to obtain a biological sample as provided by this section as a result of obtaining a biological sample from any person, provided the biological sample was obtained according to generally accepted medical procedures. (d) Any person who tampers or attempts to tamper with any biological sample or the container collected pursuant to subsection (b) or (c) without lawful authority shall be guilty of a Class D felony. (e) A centralized database of DNA (deoxyribonucleic acid) identification records for convicted criminals shall be established in the Division of Forensic Science. The established system shall be compatible with the procedures set forth in a national DNA identification index to ensure data exchange on a national level. (f) The purpose of the centralized DNA database is to assist federal, state and local criminal justice and law enforcement agencies within and outside the State in the identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes or other crimes and the identification of missing and unidentified persons. (g) The Division of Forensic Science shall receive, analyze and classify biological samples in compliance with subsections (b) and (c) of this section, and shall record the DNA results in a centralized database for identification and statistical purposes. Except as specifically provided in this section, the results of the analysis shall be securely stored and shall remain confidential. (h) Records produced from the biological samples shall be used only for law enforcement purposes and shall be exempt from the provisions of the Freedom of Information Act [Chapter 100 of this title]. (i) A person whose DNA profile has been included in the data bank pursuant to this section may petition Superior Court for expungement on the grounds that the conviction on which the authority for including the DNA profile was based has been reversed or the case dismissed. The Division of Forensic Science, shall expunge all identifiable information in the data bank pertaining to the person and destroy all biological samples from the person upon receipt of a certified court order. (j) The Division of Forensic Science shall promulgate administrative regulations necessary to carry out the provisions of the DNA database identification system to include procedures for the collection of biological samples and the database system usage and integrity. (k) Upon completion of the analysis required by this section, the Division of Forensic Science, shall forward to the State Bureau of Identification the name and other identifying information required by the State Bureau of Identification of each individual for whom a Page 144 Title 29 - State Government DNA identification record is developed. Upon receipt of such information the State Bureau of Identification shall make a notation of the existence of such DNA identification record in the criminal history record information file for such individual maintained pursuant to Chapter 85 of Title 11. Such information shall be available to all requesting criminal justice agencies in the same manner and under the same conditions as all other criminal record information maintained by the State Bureau of Identification. (l) Any person who disseminates, receives or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt or use is for a purpose other than authorized by law, shall be guilty of a Class A misdemeanor. (m) For purposes of this section “biological sample” shall mean any evidence collected for the purpose of identifying DNA. (69 Del. Laws, c. 249, § 1; 73 Del. Laws, c. 387, § 1; 74 Del. Laws, c. 223, §§ 1-12; 74 Del. Laws, c. 344, § 1; 79 Del. Laws, c. 8, § 1; 79 Del. Laws, c. 265, § 1; 80 Del. Laws, c. 353, § 1.) § 4714 Commission on Forensic Science. (a) The Commission on Forensic Science, hereinafter in this chapter referred to as the “Commission”, is hereby established. The Commission shall provide oversight and guidance to foster professionalism within, and the development and growth of, the Division of Forensic Science. The Commission shall consist of 10 members. The Commissioners shall be the Secretary of the Department of Health and Social Service, the Secretary of the Department of Safety and Homeland Security, the Attorney General, or the Attorney General’s designee, the Chief Defender or the Chief Defender’s designee, a member of the Delaware State Senate appointed by the President Pro Tempore, a member of the Delaware House of Representatives appointed by the Speaker, a member appointed by the Delaware Police Chiefs Council, a member of the Delaware State Troopers Association or the Fraternal Order of Police with formal training in forensic science appointed by the Secretary of the Department of Safety and Homeland Security with the concurrence of the Governor, and 2 members, appointed by the Governor, who have expertise in forensic science. (b) For administrative and budgetary purposes, the Commission will be placed within the Department of Safety and Homeland Security, Office of the Secretary. (c) The Director of the Division of Forensic Science shall create an audit process to include evidence accountability, requisite certifications, and security. The Director of the Division of Forensic Science shall file a report on this audit to the Commission and Governor once a year. (d) The Commission shall undertake the following tasks: (1) Evaluate and monitor the needs of the Division to ensure that it is able to provide accurate, timely, and responsive forensic sciences services to all members of the criminal justice community; (2) Evaluate and monitor the needs of the Division as may help preserve the independence of judgment and the integrity of all scientific undertakings by the Division and its personnel; (3) Evaluate and monitor the human resources needs and the personnel and hiring practices of the Division; (4) Receive and consider input from all stakeholders in the criminal justice community, including, without limitation, prosecutors, defense attorneys, the courts, law enforcement, victims’ advocates, the Domestic Violence Coordinating Council, the Child Death Review Commission, the Child Protection Accountability Commission, and other interested persons or parties; (5) Evaluate and monitor the quality assurance structure and processes, including chain of custody practices for drug evidence; (6) Evaluate and monitor professional competency and accreditation requirements and staff management policies; (7) Review and comment upon all rules and regulations promulgated pursuant to § 4702 of this title; and (8) Suggest and support the implementation of improvements to the operations of the Division or its communications and cooperation with other agencies of state and local government. (79 Del. Laws, c. 265, § 1; 80 Del. Laws, c. 26, § 1; 80 Del. Laws, c. 187, § 14.) Page 145 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 48 Lotteries Subchapter I State Lottery § 4801 Statement of purpose. (a) It is the purpose of this subchapter to establish a state-operated lottery under the supervision of a Director who shall be appointed by the Secretary of Finance with the written approval of the Governor and hold broad authority to administer the system in a manner which will produce the greatest income for the State. (b) In authorizing a video lottery, it is the further purpose of the General Assembly to: (1) Provide nonstate supported assistance in the form of increased economic activity and vitality for Delaware’s harness and thoroughbred horse racing industries, which activity and vitality will enable the industry to improve its facilities and breeding stock, and cause increased employment; and (2) Restrict the location of such lottery to locations where wagering is already permitted and/or such immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee as defined in § 4805(b)(13) of this title, and where controls exist. (c) In authorizing the use of the Internet for certain lottery games, it is the further purpose of the General Assembly to: (1) Expand access to certain lottery games by offering them on the Internet in a well-regulated and secure system designed to create a positive customer experience that limits access to minors, those with gambling problems, and others who should not be gaming; (2) Improve the competitiveness of Delaware’s video lottery licensees by encouraging reinvestment in their facilities and promoting the utilization of lottery games on the Internet at websites branded and promoted by the video lottery licensees and Delaware Lottery Office; (3) Provide further support to Delaware’s harness and thoroughbred horse racing industries by expanding the gaming offerings benefitting video lottery licensees and the horsemen or horsewomen who race there; and (4) Enhance the offerings of the Delaware lottery by allowing it to develop keno and the sports lottery in a manner that promotes additional convenience and choices for Delawareans. (59 Del. Laws, c. 348, § 1; 60 Del. Laws, c. 539, § 1; 61 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 446, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 156, § 1; 78 Del. Laws, c. 285, § 2.) § 4802 State Lottery Office. A State Lottery Office shall exist as part of the Department of Finance and shall be administered by a Director responsible for the operation of a state lottery. The net proceeds of the state lottery shall be placed in the General Fund of the State. (59 Del. Laws, c. 348, § 1; 60 Del. Laws, c. 539, § 2.) § 4803 Definitions. (a) “Charitable gaming organization” shall mean an organization, in existence as of January 1, 2013, that is a fraternal or veterans organization with national affiliation or an organization, in existence as of January 1, 2013, whose membership consists primarily of veterans honorably discharged or active duty service members. (b) “Charitable video lottery machine” shall mean a video lottery machine that is under the control of the State Lottery Office and that has been authorized by the Director to be placed at a location operated by a charitable gaming organization. Authorized play on such device shall be restricted to members of the charitable gaming organization’s active members. The Director shall promulgate rules for authorized charitable gaming organizations to report monthly the amount of proceeds that should be returned to the State. (c) “Credit slip” shall mean the receipt generated by a video lottery terminal when a player is playing that particular video lottery terminal, or the ticket resulting from a sports lottery game. (d) “Director,” as used in this subchapter, shall mean the Director of the State Lottery Office. (e) “Employee organization” shall mean any organization that admits or seeks to admit to membership employees of a Delaware video lottery agent and that has as a purpose the representation of such employees in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment, or conditions of work. (f) “Gaming area” shall mean a location in a video lottery facility where gaming activity is conducted at video lottery machines or table games. (g) “Gaming employee” shall mean a person employed in the operation of a video lottery facility and determined by the Director to have employment duties and responsibilities involving the security, maintenance, servicing, repair, or operation of video lottery machines Page 146 Title 29 - State Government and table game equipment, or is employed in a position that allows direct access to the internal workings of video lottery machines or table game equipment. Such employees shall include, without limitation: dealers; floorpersons; video lottery machine personnel; video lottery machine technicians; count room and cage personnel; security and surveillance employees; employees responsible for handling assets and proceeds associated with the operation of gaming activity; and employees with responsibility for policies concerning complimentaries or allowed to grant variances to policies concerning complimentaries. (h) “Gaming excursion” shall mean an arrangement the purpose of which is to induce any person, selected or approved for participation therein on the basis of said person’s ability to satisfy a financial qualification obligation related to said person’s ability or willingness to gamble or on any other basis related to said person’s propensity to gamble, to come to a video lottery facility for the purpose of gaming and pursuant to which, and as consideration for which, any or all of the cost of transportation, food, lodging, and entertainment for said person is directly or indirectly paid by a video lottery agent or employee thereof. (i) “Gaming room service employee” shall mean a person employed to perform services or duties in a video lottery facility, who has access to the gaming area or restricted gaming area, but who is not included within the definition of “key employee” or “gaming employee.” (j) “Gross table game revenue” shall mean the total of all table game win or loss and poker revenue, including checks received whether collected or not, received by a video lottery agent from table game operations; provided that if the value of gross table game revenue at any video lottery facility in a given fiscal year is less than zero, any liabilities to winners in such year shall be the responsibility of the video lottery agent. Gross table game revenue shall include entry fees charged in a tournament in excess of cash prizes awarded. For purposes of this section, any check which is invalid and unenforceable shall be treated as cash and included within gross table game revenue. (k) “Internet lottery” shall mean all lottery games in which the player’s interaction with the game operated by the Office occurs over the Internet (which, for purposes of this chapter, shall include any public or private computer or terminal network, whether linked electronically, wirelessly, through optical networking technology or other means), including Internet ticket games, the Internet video lottery and Internet table games. (l) “Internet table games” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a table game in a video lottery facility, and in which the game is an Internet variation or compilation of a table game or table games, provided that the game is expressly authorized by rule of the Director. (m) “Internet ticket games” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of the Office, and in which the winner is decided by chance through mechanical or electronic means, and which shall include keno but which shall not include the video lottery, table games, and other forms of the Internet lottery. (n) “Internet video lottery” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a video lottery machine in a video lottery facility, and in which the game is an Internet variation of a video lottery game, and which shall not include keno, table games, and other forms of the Internet lottery. (o) “Key employee” shall mean a person employed in the operation of a video lottery facility and determined by the Director to be acting in a supervisory capacity or empowered to make discretionary decisions with respect to video lottery machine or table game operations, including, without limitation, the chief executive, financial and operation managers, video lottery department managers, cashier and cage supervisors, credit executives, pit bosses or managers, gaming employee shift managers or any other employee so designated by the Director for reasons consistent with the public policies of this subchapter, and shall include any officer or any employee of an employee organization who has direct involvement with or who exercises authority, discretion or influence in the representation of employees of a Delaware video lottery agent in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment or conditions of work. (p) “Lottery” or “state lottery” or “system” shall mean the public gaming systems or games established and operated pursuant to this subchapter and including all types of lotteries. (q) “Lottery agent” or “lottery ticket sales agent” means a person whom the Director has licensed to sell lottery tickets. (r) “Net moneys” shall mean all moneys received from the sale of lottery tickets after first deducting sales agent commissions and payment of prizes under $600. (s) “Office” shall mean the State Lottery Office established by this subchapter. (t) “Poker revenue” shall mean the total value of rake charged to players at all poker tables. The poker revenue is determined by adding the value of cash, coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and markers removed from a drop box, and subtracting the amount on the opener and the total of amounts recorded on fills removed from a drop box. (u) “Qualified child support obligation” shall mean any child support lien in excess of $150 as provided by § 2215 of Title 13. (v) “Qualified video lottery prize” shall mean any video lottery or charitable gaming organization prize paid by cash or check for which a W-2G is issued equal to or in excess of $1,200 (but less any amounts withheld for income taxes). (w) “Restricted gaming area” shall mean the cashier’s cage, the count room, the cage booths and runway areas, the interior of table game pits, the surveillance room and catwalk areas, the video lottery machine repair room and any other area designated by the Director as a restricted gaming area. Page 147 Title 29 - State Government (x) “Sports lottery” shall mean a lottery in which the winners are determined based on the outcome of any professional or collegiate sporting event, including racing, held within or without the State, but excluding collegiate sporting events that involve a Delaware college or university and amateur or professional sporting events that involve a Delaware team. (y) “Sports lottery agent” means a person whom the Director has licensed to conduct sports lottery games. (z) “Sports lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play a sports lottery game. A machine shall be considered a sports lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary. (aa) “Sports lottery operations employee” shall mean an individual employee, person or agent of an applicant or licensee who is responsible for the security of sports lottery operations or proceeds. (bb) “State Lottery Fund” shall mean those moneys derived from the sale of state lottery tickets and deposited in the state account of that name and those funds appropriated for the start-up costs of the system. (cc) “Table game” shall mean any game played in a video lottery facility with cards, dice or any mechanical, electromechanical or electronic device or machine (excluding keno, video lottery machines, and the Internet lottery) for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, twenty-one, poker, craps, roulette, bingo, wheel of fortune or any variation of these games, whether or not similar in design or operation, provided that the game is expressly authorized by rule of the Director. (dd) “Table game equipment” shall mean gaming tables, cards, dice, chips, tiles, shufflers, drop boxes or any other mechanical, electronic or other device, mechanism or equipment or related supplies used or consumed in the operation of any table games. (ee) “Table game win or loss” shall mean the value of gaming chips and cash won from patrons at gaming tables less the value of gaming chips and cash won by patrons at gaming tables other than poker tables. The table game win or loss is determined by adding the value of cash, total value of coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and the issuance copies of markers removed from a drop box, subtracting the amount recorded on the opener and the total of amounts recorded on fills removed from a drop box. Match play coupons shall not be included, subject to limitations imposed by the Director. (ff) “Video lottery” shall mean any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery). (gg) “Video lottery agent” means a person whom the Director has licensed to conduct table games, video lottery games, sports lottery games, and Internet lottery games and who possesses either a horse racing meet license pursuant to Title 3 or Title 28 of the Delaware Code, a harness racing meet license pursuant to Title 3 of the Delaware Code, or both. (hh) “Video lottery facility” shall mean a building containing a gaming area. (ii) “Video lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play in a game of chance in which the results, including options available to the player, are randomly determined by the machine. A machine may use spinning reels or video displays or both, and may or may not dispense coins or tokens directly to winning players. A machine shall be considered a video lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary. (59 Del. Laws, c. 348, § 1; 60 Del. Laws, c. 9, § 1; 61 Del. Laws, c. 169, § 1; 61 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 446, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 184, § 1; 71 Del. Laws, c. 253, §§ 1, 2; 75 Del. Laws, c. 89, § 154; 75 Del. Laws, c. 229, § 1; 77 Del. Laws, c. 28, § 2; 77 Del. Laws, c. 219, §§ 2-4; 77 Del. Laws, c. 329, § 65; 78 Del. Laws, c. 76, § 68; 78 Del. Laws, c. 245, § 1; 78 Del. Laws, c. 285, § 3; 79 Del. Laws, c. 1, §§ 1, 4; 79 Del. Laws, c. 77, §§ 1, 5; 80 Del. Laws, c. 78, § 73; 82 Del. Laws, c. 158, § 1.) § 4804 Director — Appointment; qualifications; salary. (a) The State Lottery Office shall be administered and supervised by a Director who shall be a person qualified by business experience and training to supervise the operation of a public gaming system in a manner which will produce the greatest income for the State. The Director shall be appointed by the Secretary of Finance with the written approval of the Governor. (b) The qualifications of the person appointed as Director shall be as follows: (1) Five or more years experience as the head of an autonomous business, division or independent segment of a large company or governmental agency having to do with public gaming. The position or positions held should have broad authority and carry major responsibility; except that experience in a public utility or other monopolistic enterprise does not meet this requirement. There shall be positive evidence that the company, division or independent segment of a large company or government agency was well managed during the tenure of the prospective Director; (2) Shall be in good health, shall have a good reputation, particularly as a person of honesty and integrity, and shall be able to pass a thorough background investigation prior to appointment; (3) Shall not hold political office in the government of the State either by election or appointment while serving as Director, nor shall anyone who holds elected or appointed office in the government of the State be appointed as Director until the person has completed serving the full term to which the person was elected or appointed. The Director shall be a citizen of the United States, and must become a resident of the State within 90 days of appointment. (c) The Director shall serve on a full-time basis and shall not be engaged in any other profession or occupation. The Director shall receive such salary as provided by law. (59 Del. Laws, c. 348, § 1; 60 Del. Laws, c. 93, § 1; 60 Del. Laws, c. 539, § 3; 70 Del. Laws, c. 186, § 1.) Page 148 Title 29 - State Government § 4805 Director — Powers and duties. (a) The Director shall have the power and the duty to operate and administer the state lottery and to promulgate such rules and regulations governing the establishment and operation of the lottery as the Director deems necessary and desirable in order that the lottery be initiated at the earliest feasible time and in order that the system shall produce the maximum amount of net revenues consonant with the dignity of the State and the general welfare of the people. The rules shall provide for all matters necessary or desirable for the efficient and economical operation and administration of the system and for the convenience of the purchasers of lottery tickets and the holders of winning tickets, and the players of all state lottery games including, but not limited to, the following: (1) Type and number of games to be conducted; (2) Price or prices of tickets for any game; (3) Numbers and sizes of the prizes on the winning tickets; (4) Manner of selecting the winning tickets; (5) Manner of payment of prizes to the holders of winning tickets; (6) Frequency of the drawings or selections of winning tickets; (7) Number and types of locations at which tickets may be sold and the sports lottery and keno may be conducted; (8) Method to be used in selling tickets; (9) Licensing of agents to sell tickets or host keno; provided, that, no person under the age of 18 shall be licensed as an agent; (10) Manner and amount of compensation, if any, to be paid to licensed agents, other than video lottery agents, necessary to provide for the adequate availability of games to prospective buyers and for the convenience of the public; (11) Apportionment of the total revenues accruing from the sale of tickets among: a. Payment of prizes to the holders of winning tickets; b. Payment of costs incurred in the operation and administration of the state lottery system, including the expenses of the office and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the purchase or lease of gaming equipment and materials; c. Repayment of the moneys appropriated to the State Lottery Fund pursuant to § 3 of 59 Del. Laws, c. 348; and d. Payment of earnings to the General Fund of the State; Provided, that no less than 30 percent of the total revenues accruing from the sale of tickets or shares shall be dedicated to paragraph (11)d. of this section; (12) Such other matters necessary or desirable for the efficient and economical operation and administration of the game and for the convenience of the purchasers of tickets and the holders of winning tickets and the players of the video lottery, the sports lottery, Internet lottery, keno, and table games; (13) Value of bills, coins or tokens needed to play the video lottery machines, sports lottery machines and table games; (14) Licensing of agents for video lotteries; (15) Payout from video lottery machines, provided that such payouts shall not be less than 87% on an average annual basis, and further provided that video lottery agents may return a payout greater than 87% but not greater than 95% upon 10 days written notice to the Director, and further provided that video lottery agents may, with the approval of the Lottery Director, return a greater payout percentage than 95%; (16) A licensure requirement and enforcement procedure for officers, directors, key employees, gaming employees, gaming room service employees, sports lottery operations employees, and persons who own directly or indirectly 10% or more of such agent, in accordance with § 4828 of this title; (17) A licensure requirement and enforcement procedure for service companies in accordance with § 4829 of this title; (18) Standards for advertising, marketing and promotional materials used by video lottery agents; (19) Regulations and procedures for the accounting and reporting of the payments required under §§ 4815 and 4819 of this title; (20) The registration, kind, type, number and location of video lottery machines, sports lottery machines and table games on the licensee’s premises, subject to the Director’s obligations set forth in § 4820(b) of this title; (21) The on-site security arrangements for video lottery agents and sports lottery agents; (22) Requiring the reporting of information about video lottery agents, sports lottery agents, their employees, vendors and finances necessary or desirable to ensure the security of the lottery system. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title; (23) The reporting and auditing of financial information of licensees including, but not limited to, the reporting of profits or losses incurred by licensees and the reporting by licensees of such employment and payroll information as is necessary for the Director to determine compliance with § 10148(1) of Title 3 or § 100048 of Title 3 as the case may be. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title; (24) a. A registration requirement and enforcement procedure for any employee organization representing or seeking to represent employees who are employed by a Delaware video lottery agent. Any employee organization may at any time file with the office an Page 149 Title 29 - State Government application for registration as an employee organization. However, an employee organization shall be required to file such registration application within 10 business days after it secures a signed authorization card from any employee who is employed by a Delaware video lottery agent. Any registration statement filed by an employee organization after the signature of an authorization card but prior to the employee organization’s petition for election shall not be subject to disclosure by the Lottery Office to any video lottery agent; b. Every key employee of an employee organization shall be required to register with the office at the same time as the application for registration is filed under paragraph (24)a. of this section or within 30 days after the date on which such individual is elected, appointed or hired, whichever is later; c. The application for registration by an employee organization or key employee of such employee organization may be denied or registration revoked under the following circumstances: 1. If such employee organization or key employee of such employee organization is in violation of standards established under the Labor-Management Reporting and Disclosure Procedure Prohibition Against Certain Persons Holding Office, 29 U.S.C § 504(a); 2. The applicant’s competence, honesty or integrity pose a threat to the public interest of the State or to the reputation of or effective regulation and control of the lottery based on the applicant’s associations or by virtue of the fact that the applicant has been convicted of a felony crime of moral turpitude or has been arrested for an act constituting racketeering under § 1502(9)a., b.2. or b.4. through 10. of Title 11 within 10 years prior to applying for registration hereunder or at any time thereafter. Any employee or employee organization denied registration based on an arrest for an act constituting racketeering under § 1502(9)a., b.2. or b.4. through 10. of Title 11 may apply for reconsideration of registration if subsequently acquitted or a nolle prosequi is entered or the charge is otherwise dismissed. In such instances, the Lottery Office shall reconsider the applicant’s registration based on the criteria previously set forth in this subsection; 3. The organization or individual has knowingly made or caused to be made any written statement to any representative of the office or the Delaware State Police or any oral response to an official inquiry by the office, its employees or agents which was at the time and in light of circumstances under which it was made false or misleading; 4. The organization or key employee thereof holds or obtains a direct financial interest in any video lottery agent, provided the employee organization is provided a 30-day period to divest of any such direct financial interest. The Delaware State Police shall conduct the background checks required by this paragraph. The failure of any key employee to satisfy the requirements of paragraphs (a)(24)c.1. through 4. of this section may constitute grounds for suspension of the registration of the employee organization if the organization does not remove the key employee from the key employee’s duties as defined in § 4803(o) of this title. The employee organization will be given a reasonable opportunity to remove or replace any key employee found to be in violation of paragraphs (a)(24)c.1. through 4. of this section; d. All registration statements filed under this paragraph shall be valid for a 1-year period and a renewed registration form or an updated supplemental registration form must be filed annually. The entity or individual filing such form is under a continuing duty to promptly notify the Director of any changes in disclosed information; e. The Secretary of Finance shall, within a reasonable time, if requested by the Director, appoint a hearing officer to determine whether the application for registration shall be denied or the registration suspended or revoked. The hearing officer shall be required to hold a hearing in conformance with the requirements of § 10131 of this title. In any hearing, the Delaware Uniform Rules of Evidence shall be in effect. The denial of an application of registration or the suspension or revocation of a registration shall be bound by the provisions of §§ 10133 and 10134 of this title. The hearing officer’s decision to deny an application of registration or to suspend or revoke a registration shall be appealable to the Superior Court under the Delaware Administrative Procedures Act (Chapter 101 of this title). All applications for registration shall be deemed approved unless the Director notifies the applicant within 60 days of his or her decision not to approve and to appoint a hearing officer under this paragraph, or unless extenuating circumstances require a longer period, in which case the Director shall act with all deliberate speed to complete the process. Any employee organization may continue to provide services to employees of a Delaware video lottery agent during the review of the application process and the appeal process, except where the employee organization is found in violation of paragraph (a)(24)c.4. of this section or there has been a previous violation of paragraphs (a)(24)c.1. through 3. of this section by the employee organization within the previous 10 years; f. Information requested in the application of registration provided for under this paragraph shall be adopted as part of the office’s official rules and regulations upon notice and opportunity for a hearing under the Delaware Administrative Procedures Act [Chapter 101 of this title]; (25) The Director shall adopt procedures under the Delaware Administrative Procedures Act [Chapter 101 of this title] for employment investigations of the honesty, integrity, reputation and associations of office employees in order to determine that the employee’s employment does not pose a threat to the public interest of the State or the integrity of the office. The procedures and any rules and regulations shall require any person seeking employment for compensation with the office for a position which has direct access to lottery ticket sales agents, video lottery agents, sports lottery agents, or vendors to submit his or her fingerprints and other Page 150 Title 29 - State Government relevant information in order to obtain the individual’s entire federal and state criminal history record. The Delaware State Police shall conduct the investigations required under such rules and regulations. The rules and regulations shall require new employees to submit fingerprints for purposes of the state and federal criminal history checks; (26) Type and number of sports lottery games to be conducted, the location and licensure of facilities where the sports lottery be conducted pursuant to § 4825 of this title, the price or prices for any sports lottery games, the rules for any sports lottery games, and the payout and manner of compensation to be paid to winners of sports lottery games; (27) Type and number of table games to be conducted, the price or prices for any table games, the rules for any table games, the payout and manner of compensation to be paid to winners of table games, and the minimum and maximum wagers for any table games; (28) The licensure and location of facilities where keno games may be conducted, the price or prices for any keno games, the rules for any keno games, and the payout and manner of compensation to be paid to winners of keno games; (29) The regulations and procedures for the display and presentation of messages concerning responsible gaming and the regulations, procedures and training for identification of and assistance to compulsive gamblers; (30) The provision of complimentary services, gifts, transportation, cash, food, nonalcoholic beverages, entertainment or any other thing of value by a video lottery agent to a guest; (31) The procedures for the review and evaluation of licensing applications, including the forms of applications, procedures for fingerprinting and other means of identification, procedures for hearings, and grounds and procedures for the approval, denial, revocation or suspension of a license; (32) Procedures relating to internal management controls of video lottery agents, including accounting controls and employee and supervisory organizational charts and responsibilities; (33) Standards for the manufacture, sale, distribution, maintenance, repair, and servicing of video lottery machines and table game equipment; and (34) Standards for the conduct of the Internet lottery in accordance with this chapter. (b) The Director shall also have the power and it shall be the Director’s duty to: (1) Appoint such deputy directors as may be required to carry out the functions and duties of the office. Each deputy director shall have had 3 years’ management experience in areas pertinent to the prospective responsibilities and an additional 3 years of experience in the same field. (2) Within the limit of the funds made available in § 3 of 59 Del. Laws, c. 348, and proceeding from the sale of lottery tickets and generated by the operations of video lottery agents, appoint such professional, technical, and clerical assistants and employees as may be necessary to perform the duties imposed upon the office by this subchapter. (3) In accordance with this subchapter, license as agents to sell lottery tickets persons who will best serve, by location or accessibility, the public convenience and promote the sale of lottery tickets. The Director may require a bond from every agent so licensed in such amount as the Director deems necessary. Every licensed agent shall prominently display the agent’s license or a copy thereof. (4) Enter into contracts for the operation of any game or part thereof and into contracts for the promotion of the game or games. This authorization is to be construed to include, but not be limited to, contracting with any racing or other sporting association to conduct sporting events within any racetrack or sports field in the State, the outcome of which shall determine the winners of a state game or, as an alternative, to affiliate the determination of the winners of a game with any racing or sporting event held within or without the State, and, including agreements with other state, provincial or international lotteries for participation in lottery games. All contracts for other than professional services in an amount greater than $2,000 shall be awarded to the lowest responsible bidder in the manner prescribed by state bidding laws. No contract awarded or entered into by the Director may be assigned by the holder thereof except by specific approval of the Director. (5) Make arrangements for any person or organization, including banks, to perform such functions, activities or services in connection with the operation of the system as the Director may deem advisable. (6) Suspend or revoke any license issued pursuant to this subchapter or the rules and regulations promulgated hereunder. (7) Certify and report monthly to the State Treasurer the total lottery revenues, prize disbursements and other expenses for the preceding month, and to make an annual report to the Governor and the General Assembly, which report shall include a full and complete statement of revenues, prize disbursements and other expenses and recommendations for such changes in this subchapter as the Director deems necessary or desirable. (8) Report immediately to the Governor and members of the General Assembly any matters which shall require immediate changes in the laws of the State in order to prevent abuses and evasions of this subchapter or the rules and regulations promulgated hereunder or to rectify undesirable conditions in connection with the administration or operation of the gaming system. Such a report shall be disclosed to the public immediately upon issuance. (9) Carry on a continuous study and investigation of the system: a. For the purpose of ascertaining any defects in this subchapter or in the rules and regulations issued hereunder by reason whereof any abuses in the administration and operation of the lottery or any evasion of this subchapter or the rules and regulations may arise or be practiced; Page 151 Title 29 - State Government b. For the purpose of formulating recommendations for changes in this subchapter and the rules and regulations promulgated hereunder to prevent such abuses and evasions; c. To guard against the use of this subchapter to benefit organized gambling and crime or criminals in any manner whatsoever; and d. To insure that this law and the rules and regulations shall be in such form and be so administered as to serve the true purpose of this subchapter. (10) Make a continuous study and investigation of: a. The operation and administration of similar laws which may be in effect in other states and countries; b. Any literature on the subject which from time to time may be published or available; c. Any federal laws which may affect the operation of the lottery; and d. The reaction of Delaware citizens to existing and potential features of the games with a view to recommending or effecting changes that will tend to serve the purposes of this subchapter. (11) Make available to the State Auditor or the State Auditor’s representative such information as may be required to perform an annual audit as prescribed in Chapter 29 of this title. (12) Establish state-operated sales offices, without limit as to number or location, as the Director shall deem suitable and economical in order to make lottery tickets more available to the public, which offices shall be operated solely from funds generated by the lotteries permitted by this subchapter. (13) License as video lottery agents each person, corporation or association which, in 1993, held either a horse racing meet pursuant to Title 3 or Title 28 or a harness horse racing meet pursuant to Title 3 and who satisfies such fitness and background standards as the Director may promulgate pursuant to paragraph (a)(16) of this section. In the event that there shall have been or shall be a change of ownership or such person, corporation or association after the close of the 1993 racing meet then the issuance by the Director of a license to serve as a video lottery agent shall be conditioned upon the Director’s determination that such person, corporation or association shall have met the requirements of § 4806(a)(1)-(4) and (b) of this title and satisfies such fitness and background standards as the Director may promulgate pursuant to paragraph (a)(16) of this section. Change of ownership occurring after the Director has issued a license shall automatically terminate the license 90 days thereafter unless the Director has determined after application to issue a license to the new owner(s) because the new owner(s) have met the requirements of § 4806(a)(1)-(4) and (b) of this title and satisfied such fitness and background standards as the Director may promulgate pursuant to paragraph (a)(16) of this section. Any license granted pursuant to this subsection is a privilege personal to the video lottery agent and is not a legal right. A license granted or renewed pursuant to this subsection may not be transferred or assigned to another person, nor may a license be pledged as collateral. For purposes of this subsection, “a change of ownership” shall have occurred if more than 20 percent of the legal or beneficial interests in such person, corporation or association shall be transferred, whether by direct or indirect means. (14) Whenever the Director deems necessary, examine all accounts, bank accounts, financial statements and records of the licensee in a licensee’s possession or under its control in which it has an interest and the licensee must authorize all third parties, including parents, subsidiaries or related entities, in possession or control of the accounts or records of the licensee to allow examination of any of those accounts or records by the Director. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title. (15) Subpoena witnesses and compel the production of books, papers and documents of a licensee in connection with any hearings of the Director and may administer oaths or affirmations to the witnesses whenever, in the judgment of the Director, it may be necessary for the effectual discharge of duties. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then the Director may apply to the Superior Court of the county in which the Director may be sitting and, thereupon, the Court shall issue its subpoena requiring the person to appear and testify or to produce the books, papers and documents before the Director. Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such. (16) Bar, pursuant to §§ 4834 and 4835 of this title, any person from entering the premises of a video lottery agent or from participating in any capacity in the play of any table game, sports lottery game, video lottery game, or Internet lottery game, and, as applicable, procure such assistance from video lottery agents as is appropriate to enforce any such bar. (17) Impose reasonable fees, as set by the Director and payable to the Office, upon applicants for licenses pursuant to §§ 4828 and 4829 of this title for the conduct of the review and investigation of the applicant, such fees to approximate and reasonably reflect all costs necessary to defray the expenses of the lottery and Division of Gaming Enforcement. (18) Require video lottery agents to submit regular internal control submissions, which shall contain a narrative description of the internal control system to be utilized by the video lottery facility, including, but not limited to: a. Accounting controls, including the standardization of forms and definition of terms to be utilized in the gaming; b. Procedures, forms and, where appropriate, formulas covering the calculation of hold percentages; revenue drop; expense and overhead schedules; complimentary services; Page 152 Title 29 - State Government c. Job descriptions and the system of personnel and chain-of-command, establishing a diversity of responsibility among employees engaged in gaming operations and identifying primary and secondary supervisory oversight responsibilities; and personnel practices; d. Procedures within the cashier’s cage for the receipt, storage and disbursal of chips, cash, and other cash equivalents used in wagering; the cashing of checks; the redemption of chips and other cash equivalents used in gaming; e. Procedures for the collection and security of moneys at the gaming tables; f. Procedures for the transfer and recordation of chips between the gaming tables and the cashier’s cage and the transfer and recordation of moneys within the facility; g. Procedures for the transfer of moneys from the gaming tables to the counting process and the transfer of moneys within the facility for the counting process; h. Procedures and security for the counting and recordation of table game revenue; i. Procedures and security standards for the handling and storage of gaming apparatus, including cards, dice, machines, wheels and all other gaming equipment; j. Procedures and rules governing the conduct of particular games and the responsibility of casino personnel in respect thereto; k. Procedures for the security, storage and recording of cash, chips, and cash equivalents utilized in gaming operations. (19) Make Internet lottery games available at such websites and in such a manner as determined by the Office in accordance with this chapter, and utilizing technology to ensure that players are legally eligible to engage in such gaming. (c) The licenses granted pursuant to paragraph (b)(13) of this section or § 4825 of this title may be revoked or suspended for cause upon 30 days’ written notice to the licensee or due to a change in ownership as set forth in those provisions, but shall otherwise not be subject to expiration or termination. “Cause” shall by way of example and not by limitation include falsifying any application for license or report required by the rules and regulations, the failure to report any information required by the rules and regulations, the material violation of any rules and regulations promulgated by the Director or any conduct by the licensee which undermines the public confidence in the video lottery system or serves the interest of organized gambling or crime and criminals in any manner. A license may be revoked for an unintentional violation of any federal, state or local law, rule or regulation provided that the violation is not cured within a reasonable time as determined by the Director; or a longer period where the video lottery agent has made diligent efforts to cure. The Secretary of Finance shall within a reasonable time, if requested, appoint a hearing officer to hold a hearing to determine whether the license should be revoked or suspended. The hearing officer’s decision revoking or suspending the license shall be appealable to the Superior Court under the provisions of the Administrative Procedures Act [Chapter 101 of this title]. Any decision of the Director relating to the business plan or the number of video lottery machines to be awarded to licensees under § 4820(b) of this title shall be appealable under the Administrative Procedures Act in the manner of a case decision. Notwithstanding the foregoing, nothing in this subsection shall otherwise prohibit the termination or revocation of a license in accordance with the rules and regulations adopted hereunder. (59 Del. Laws, c. 348, § 1; 61 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 446, §§ 4-8, 10-13; 70 Del. Laws, c. 167, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 184, § 2; 71 Del. Laws, c. 253, §§ 3-5; 74 Del. Laws, c. 53, § 1; 77 Del. Laws, c. 28, §§ 3-9; 77 Del. Laws, c. 219, §§ 5-11; 78 Del. Laws, c. 285, § 4; 79 Del. Laws, c. 1, §§ 1, 4; 79 Del. Laws, c. 77, § 5; 82 Del. Laws, c. 158, § 1.) § 4806 Lottery sales agents — Qualifications; prohibitions. (a) No license as an agent to sell lottery tickets shall be issued to any person to engage in business exclusively as a lottery ticket sales agent except those persons hired to staff the State Lottery Office or a state-operated sales office. Before issuing a license to an agent, the Director shall consider such factors as: (1) Financial responsibility and security of the person and the person’s business or activity; (2) Accessibility of the person’s place of business or activity to the public; (3) Sufficiency of existing licenses to serve the public convenience; and (4) Volume of expected sales. (b) If the Director shall find that the experience, character and general fitness of the applicant are such that the participation of such a person as a lottery ticket sales agent will be consistent with the public interest, convenience and the purposes of this subchapter, the Director shall thereupon grant a license. For the purposes of this section, the term “person” shall be construed to mean and shall include an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. “Person” shall also be construed to mean and include all departments, commissions, agencies and instrumentalities of the State, including counties and municipalities and agencies and instrumentalities thereof. (59 Del. Laws, c. 348, § 1; 61 Del. Laws, c. 189, § 1; 70 Del. Laws, c. 186, § 1.) § 4807 Lottery sales agents — Authorization of agents. Notwithstanding any other provision of law, any person licensed as provided in this subchapter is hereby authorized and empowered to act as a lottery ticket sales agent, a video lottery agent, or a sports lottery agent, as the case may be. (59 Del. Laws, c. 348, § 1; 61 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 446, § 14; 78 Del. Laws, c. 285, § 5.) Page 153 Title 29 - State Government § 4807A Fingerprinting procedure required. (a) Any person seeking a license from the State Lottery Office shall be required to submit fingerprints and other necessary information in order to obtain the following: (1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person; and (2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The State Bureau of Identification shall be the intermediary for the purposes of this section and the State Lottery Office shall be the screening point for the receipt of said federal criminal history records. (b) All information obtained pursuant to subsection (a) of this section shall be forwarded to the State Lottery Office, which shall access the information and make a determination of suitability for licensure. The person seeking licensure shall be provided with a copy of all information forwarded to the State Lottery Office pursuant to this subsection. Information obtained under this subsection is confidential and may only be disclosed to the Director and Deputy Director of the State Lottery Office. The State Bureau of Identification may release any subsequent criminal history to the State Lottery Office. (c) Costs associated with obtaining criminal history information shall be paid by the person seeking licensure. (d) A person seeking licensure shall have an opportunity to respond to the State Lottery Office regarding any information obtained pursuant to subsection (b) of this section prior to a determination of suitability for licensure. The grounds upon which a person seeking licensure may be denied consideration for a license include, but are not limited to: (1) A conviction of a felony in this State or any other jurisdiction; or (2) A conviction of any crime involving gambling or a crime of moral turpitude within 10 years prior to applying for a license or at any time subsequent to the granting of a license. (e) Upon making its determination of suitability for licensure, the State Lottery Office shall forward the determination to the person seeking a license. (f) Any person seeking a license with the State Lottery Office who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check; provided, however, that the person submits: (1) the results of such previous criminal background check, including any previous federal criminal background check; and (2) a reference from the person’s most recent employer, if any, covering the previous 12 months. (g) The State Lottery Office shall, in the manner provided by law, promulgate regulations necessary to implement this subchapter. These regulations shall include, but are not limited to: (1) Establishment, in conjunction with the State Bureau of Identification, of a procedure for fingerprinting persons seeking licensure with the State Lottery Office and providing the reports obtained pursuant to subsection (a) of this section; (2) Establishment of a procedure to provide confidentiality of information obtained pursuant to subsection (a) of this section and of the determination of suitability for licensure. (70 Del. Laws, c. 167, § 2; 70 Del. Laws, c. 186, § 1.) § 4808 Nonassignability of prizes. No right of any person to a prize or a portion of a prize shall be assignable; except that payment of any prize shall be made to the estate of a deceased prize winner; and except that any person pursuant to an appropriate judicial order may be paid the prize, or portion thereof, to which the winner is entitled. The Director shall be discharged of all further liability upon payment of a prize pursuant to this section. (59 Del. Laws, c. 348, § 1; 64 Del. Laws, c. 383, § 1.) § 4809 Restrictions on ticket sales; penalties. (a) No person shall sell a ticket at a price greater than that fixed by rule or regulation of the Director. No person other than a licensed lottery sales agent shall sell lottery tickets or shares, except that nothing in this section shall be construed to prevent any person from giving lottery tickets to another as a gift or bonus. (b) Any person convicted of violating this section shall pay a fine not exceeding $500. (59 Del. Laws, c. 348, § 1.) § 4810 Sales to certain persons prohibited; penalties. (a) (1) It is unlawful for an individual who is under 18 years old to purchase a lottery ticket or participate in an internet ticket game. (2) It is unlawful for an individual who is under 21 years old to wager on the video lottery, sports lottery, table games, internet table games, or internet video lottery. (3) A violation of paragraph (a)(1) or (a)(2) of this section is an unclassified misdemeanor. Page 154 Title 29 - State Government (4) An individual convicted of, adjudicated delinquent of, or placed on probation before judgment under § 4218 of Title 11 for violating this subsection must complete 5 hours of counseling on problem gambling. (5) The Justice of the Peace Court has original jurisdiction over a violation of this subsection by an individual who is 18 years of age or older. The Family Court has original jurisdiction over a violation of this subsection by an individual 17 years of age or younger. (b) No ticket shall be sold to any person under the age of 18 years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age. (c) No licensed video lottery agent, sports lottery agent, or employee of such agents shall allow a person under the age of 21 to wager on the video lottery, table games, sports lottery, internet table games, or internet video lottery. (d) A violation of subsection (b) or (c) of this section shall be a misdemeanor, except that the establishment of the following facts shall constitute a defense to any prosecution therefor: (1) That the underage person presented proof of age or photographic identification that would lead a reasonable person to believe that the underage person was over the minimum age required in this section. (2) That the appearance of the underage person was such that an ordinary prudent person would believe that the person was over the minimum age required in this section. (e) No Delaware lottery games, including ticket games, video lottery, sports lottery, internet lottery, internet ticket games, keno, and table games, may be played by and no prizes received by or awarded to any officers or employees of the State Lottery Office or any member of their immediate households. Any person convicted of violating this section shall forfeit any prize money so obtained and shall be sentenced to not less than 1 year in jail and pay a fine of no less than $5,000. (59 Del. Laws, c. 348, § 1; 60 Del. Laws, c. 539, § 4; 66 Del. Laws, c. 367, § 2; 69 Del. Laws, c. 446, § 15; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 221, § 10; 78 Del. Laws, c. 285, § 6; 81 Del. Laws, c. 250, § 1.) § 4811 Jurisdiction in Superior Court. The Superior Court has exclusive jurisdiction of offenses under this subchapter, except for offenses under § 4810(a) of this title. (59 Del. Laws, c. 348, § 1; 61 Del. Laws, c. 189, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 221, § 11; 78 Del. Laws, c. 285, § 26; 81 Del. Laws, c. 250, § 2.) § 4812 Disposition of unclaimed prize money. Unclaimed prize money for the prize on a winning ticket shall be retained by the Director for the person entitled thereto for 1 year after the drawing or event in which the prize was won. If no claim is made for said money within such year, the prize money shall be reverted to the State Lottery Fund. (59 Del. Laws, c. 348, § 1; 60 Del. Laws, c. 539, § 5; 66 Del. Laws, c. 303, § 152.) § 4813 Prizes to minors. If the person entitled to a prize or any winning ticket is under the age of 14 years, the Director may direct payment of the prize by delivery to an adult member of the minor’s family or a guardian of the minor a check or a draft payable to the order of the minor. The Director shall be discharged of all liability upon payment of a prize to a minor pursuant to this section. (59 Del. Laws, c. 348, § 1.) § 4814 Transfer of funds and transaction records between agents and the State. The Director may, at the Director’s discretion, require any or all lottery ticket sales agents to deposit to the credit of the State Lottery Fund in banks designated by the Director all or part of the moneys received by such agents from the sale of lottery tickets and to file with the Director or the Director’s designated agents reports of their receipts and transactions in the sale of lottery tickets in such form and containing such information as the Director may require. The Director or a representative shall make such arrangements with any licensed sales agent. (59 Del. Laws, c. 348, § 1; 70 Del. Laws, c. 186, § 1.) § 4815 State Lottery Fund. (a) All moneys received from the sale of lottery tickets, keno, and from Internet ticket games, shall be accounted for to the State Treasurer and all net moneys shall be placed into a special account known as the State Lottery Fund. From the Fund, the Director shall first pay for the operation and administration of the lottery as authorized in this subchapter and thereafter shall pay as prizes not less than 45% on the average of the total amount of tickets which have been sold and are scheduled for sale throughout the games, which percentage shall include prizes already awarded or to be awarded. The total of payments for operations and administration of the lottery shall not exceed 20% of the gross amount received from the sales of such games. The remaining moneys shall accumulate in the State Lottery Fund for the payments of operations and administration costs and on a monthly basis, or more frequently if required by the Director, the lottery shall undertake to provide into the General Fund of the State a payment of earnings of 30% of the total revenues accruing from the sales of such games or shares shall be so dedicated. In the event that the percentage allocated for operations (including prize payments) Page 155 Title 29 - State Government generates a surplus, said surplus shall be allowed to accumulate to an amount not to exceed $1,000,000. On a quarterly basis, the Director shall report to the Secretary of Finance any surplus in excess of $1,000,000 and remit to the General Fund of the State the entire amount of those surplus funds in excess of $1,000,000. (b) All proceeds, net of proceeds returned to players pursuant to paragraph (b)(1) of this section, from the operation of the video lottery shall be electronically transferred daily or weekly at the discretion of the Lottery Director into a designated State Lottery account by the agent, and transferred to the State Lottery Fund by the Lottery on a daily or weekly basis and shall be applied as follows: (1) Proceeds returned to players. — A portion of such proceeds, but not less than 87% of the total proceeds on an average annual basis received from the operation of a video lottery, shall be retained by and returned to the players under rules prescribed by the Director. Proceeds returned to players in excess of the payout authorized pursuant to § 4805(a)(15) of this title shall be the sole responsibility of the video lottery agent and the State Lottery’s proceeds shall not be reduced on account of such excess payment. Subject to the recommendations of the Lottery Director, and approval of the Secretary of Finance, a video lottery agent may choose to offer free promotional play to players. The amount of free promotional play permitted shall be recommended by the Lottery Director and approved by the Secretary of Finance. The amount of money given away as free promotional play and used by players shall not be included in the amounts remaining after all payments to players. If the amount of money given away as free promotional play by a video lottery agent and used by players exceeds the amount authorized by the Lottery Director and the Secretary of Finance authorized during a fiscal year, the video lottery agent shall reimburse net proceeds the amount of the overage which will be distributed as outlined in paragraphs (b)(3) and (b)(4) of this section. (2) Certain administrative and vendor costs. — The State shall retain a portion of such proceeds in an amount equal to 75% of all costs of equipment (both video lottery machines and related equipment), including video lottery machine license and proprietary fees, whether leased or owned by the State, used or under the control of such agent, the cost of the central computer used to monitor the equipment used by the agent, and related vendor fees, and from these proceeds, and the proceeds provided pursuant to paragraph (b) (4)a. of this section, remit these amounts to vendors. (3) a. Proceeds returned to the State. — Except as otherwise provided by this paragraph, of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, there shall be returned to the State 42½%, less any qualified capital expenditure adjustment provided for in this paragraph. For licensees which conducted 40 or fewer (but at least 1) days of live harness horse races during 1992, should such licensees’ video lottery proceeds, net of proceeds returned to players, at the end of any fiscal year fall below $107,500,000, then, in the subsequent fiscal year, there shall be returned to the State 41½% of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, less any qualified capital expenditure adjustment provided for in this paragraph. 1. Beginning in fiscal year 2020, for each video lottery agent, the percentage of proceeds returned to the State shall be decreased by 2% if such video lottery agent’s qualified capital expenditures equal or exceed 3% of video lottery agent net proceeds remaining after payments made under paragraph (b)(1) of this section for the calendar year ending the immediately preceding December 31. Notwithstanding the first sentence of this paragraph (b)(3)a.1. of this section, for calendar year ending December 31, 2018, only, qualified capital expenditures must equal or exceed 2.8%. 2. For purposes of this paragraph (b)(3)a. of this section, “qualified capital expenditures” means amounts properly characterized as capital expenditures under generally accepted accounting principles during each calendar year ending December 31 and apply to any facilities used by the video lottery agent in connection with its operations. “Qualified capital expenditures” does not include payments made for debt service. 3. Any amounts incurred or paid in any single year which exceed the 3% required for the adjustment under paragraph (b)(3)a.1. of this section may be carried forward for no more than 2 years. b. The State shall also receive the funds on each credit slip that has not been presented for redemption within 1 year from the date the slip is issued. c. Application of funds retained by the state lottery. — The funds retained by the state lottery shall be applied as follows: first, to the administrative costs and expenses in respect of the video lottery including, but not limited to, administrative expenses including payroll and other employment costs attributable to the operation of the video lottery by the State Lottery Office, law-enforcement and security expenses, including payroll and other employment costs of the state lottery, the Office of the Attorney General and the Delaware State Police, attributable to the operation by the state lottery of a video lottery; second, $1,000,000 or 1%, whichever is greater, of the proceeds returned to the State under this paragraph (b)(3), to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services for funding programs for the treatment, education and assistance of compulsive gamblers and their families; third, costs of the Administrator of Racing and racing inspectors referenced in Chapters 100 and 101 of Title 3; fourth, the State’s contribution to the Delaware Standardbred Breeder’s Program and Delaware Certified Thoroughbred Program (DCTP); and fifth, the remainder shall be paid into the State’s General Fund. d. The State’s contribution to the Delaware Standardbred Breeder’s Program pursuant to this subsection shall be $750,000, and said amount is to be allocated equally as of January 1 of the calendar year among existing licensees which conduct live harness horse racing, but moneys shall not be expended for the program until such time as a plan has been approved pursuant to paragraph (b) (4)b.2. of this section. The State’s contribution to the Delaware Certified Thoroughbred Program (DCTP) pursuant to this subsection shall be $250,000, and said amount shall be allocated as of January 1 of each calendar year to the existing licensee which conducts Page 156 Title 29 - State Government live thoroughbred horse racing, but moneys shall not be expended for the program until such time as a plan has been approved pursuant to paragraph (b)(4)b.1. of this section. (4) Application of remaining proceeds. — The proceeds remaining after payments as set forth in paragraphs (b)(1), (2) and (3) of this section shall be applied as follows: a. Balance of administrative and vendor costs. — The State shall receive an amount equal to 25% of all costs of equipment (both video lottery machines and related equipment), including video lottery machine license and proprietary fees, whether leased or owned by the State, used or under the control of such agent, the cost of the central computer used to monitor the equipment used by the agent, and related vendor fees to be applied pursuant to paragraph (b)(2) of this section. b. Purses. — 1. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) to be applied under the direction of the Delaware Thoroughbred Racing Commission, for races conducted at such agent’s racetrack in accordance with § 10148 of Title 3 or § 427 of Title 28 as appropriate, in an amount calculated as follows: 9.6% of the proceeds remaining after payments made under paragraph (b)(1) of this section. Five hundred thousand dollars of those proceeds, which would otherwise fund purses, on an annual basis, shall fund a Delaware Certified Thoroughbred Program (DCTP) to enhance the quantity of thoroughbred foals and/or yearlings stabled within Delaware for a period meeting the Delaware minimum residency requirement. The DCTP shall be administered by a Board comprised of the following: A. Four members of the Delaware Thoroughbred Horseman’s Association; B. One member designated by the video lottery agent licensed to conduct live thoroughbred horse racing meets under Chapter 101 of Title 3; C. One member appointed by the Speaker of the House of the General Assembly; D. One member appointed by the President Pro Tempore of the Senate of the General Assembly; E. The Secretary of Agriculture or the Secretary’s designee; and F. The Secretary of Finance or the Secretary’s designee. Members shall be chosen by the organizations they represent, and shall serve 4-year terms, except the 4 initial Board members selected by the Delaware Thoroughbred Horseman’s Association shall serve an initial term of 2 years, and 4 years thereafter. The Board created hereunder must develop and present a plan for the administration of the DCTP no later than December 31, 2005. This plan and all subsequent plans amending the DCTP shall be subject to the written approval of the Secretary of Agriculture or the Secretary’s designee, the Secretary of Finance or the Secretary’s designee, and the Chairperson of the Thoroughbred Racing Commission or the Chairperson’s designee. The Board shall transmit minutes and actions from all meetings to the Chairperson of the Delaware Thoroughbred Racing Commission within 10 days of the meeting. The Board shall submit an annual report detailing the allocation of such funds of the DCTP to the Commission and make available to the State Auditor such information as may be required to perform an annual audit of funds allocated from the DCTP. The Board may also, at its discretion, use funds from the DCTP for advertising, promotion, education and administrative purposes directly related to the program, however, the total amount for these purposes cannot exceed 5% of the total allocation. Funds dedicated to the DCTP shall not be subject to a 1-year payout requirement, but payouts may be dispersed throughout the year. 2. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) to be applied under the direction of the Delaware Harness Racing Commission to purses for races conducted at such agent’s racetrack in accordance with § 10048 of Title 3, in an amount calculated as follows: 11.35% of the proceeds remaining after payments made under paragraph (b)(1) of this section. One million five hundred thousand dollars of those proceeds, which would otherwise fund purses, on an annual basis ($750,000 to come from each licensee which conducts live harness horse racing) to be set aside for purses under this paragraph (b)(4)b.2. shall be used to fund a Delaware Standardbred Breeder’s Program which shall be administered by a board comprised of 4 members from the Delaware Standardbred Owners Association, 1 member from the Standardbred Breeders and Owners of Delaware, Inc., 1 member from each video lottery agent licensed to conduct harness racing meets under Chapter 100 of Title 3, 1 member appointed by the Speaker of House of the General Assembly, 1 member appointed by the President Pro Tempore of the Senate of the General Assembly, the Secretary of Agriculture or the Secretary’s designee, and the Secretary of Finance or the Secretary’s designee. Members shall be chosen by the organizations they represent, and shall serve 4-year terms except that 4 of the initial board selected by the members of the Delaware Standardbred Owners Association shall serve an initial term of 2 years, and 4 years thereafter. The board created hereunder will present a plan for the administration of the Program to the General Assembly no later than May 15, 1999. This plan, and all subsequent amendments to the plan, shall be subject to the written approval of the Secretary of Agriculture or the Secretary’s designee, the Chairperson of the Delaware Harness Racing Commission or the Chairperson’s designee, and the Secretary of Finance or the Secretary’s designee. The board shall transmit minutes of all meetings and any proposed actions to the Delaware Harness Racing Commission within 10 days after each meeting. The board shall transmit an annual report detailing the allocation of proceeds from the fund and make available to the State Auditor or the State Auditor’s representative such information as may be required to perform an annual audit of funds allocated from the Delaware Standardbred Page 157 Title 29 - State Government Breeder’s Program. In addition to funding special purses for Delaware standardbred horses, the board created hereby may also use the funds dedicated to this Program for advertising, promotion, educational and administrative purposes. Funds dedicated to the Delaware Standardbred Breeder’s Program shall not be subject to the 1-year payout requirement of § 10048 of Title 3. 3. For video lottery agents licensed to conduct harness horse racing meets under Chapter 100 of Title 3 on January 1, 1993, such agents, which in the future also conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) administered by either the Delaware Thoroughbred Racing Commission or the Delaware Harness Racing Commission, as appropriate, in accordance with the formula set forth in paragraph (b)(4)b.2. of this section, for races conducted at such agent’s racetrack based on the ratio of live horse racing days to total live racing days and live harness horse racing days to total live racing days. 4. For video lottery agents licensed to conduct horse racing meets under Chapter 101 of Title 3 on January 1, 1993, such agents, which in the future also conduct harness horse racing meets under Chapter 100 of Title 3, shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) administered by either the Delaware Thoroughbred Racing Commission or the Delaware Harness Racing Commission, as appropriate, in accordance with the formula set forth in paragraph (b)(4)b.1. of this section, for races conducted at such agent’s racetrack based on the ratio of live horse racing days to total live racing days and live harness racing days to total live racing days. c. Jockey health and other welfare benefits. — For video lottery agents which are licensed only to conduct thoroughbred horse racing meetings under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents annually shall be paid and shall pay the sum of $175,000 plus an additional $175,000 (which shall be subtracted from the amount such agent is paid and shall pay as additional purses under paragraph (b)(4)b.1. of this section) for a total payment of $350,000 annually, adjusted for inflation by the Delaware Thoroughbred Racing Commission, which shall be payable to fund a Delaware Jockeys Health and Welfare Benefit Fund on July 20 of each year. The Fund shall be used to provide, for jockeys who regularly ride in Delaware, health and other welfare benefits for active, disabled and retired jockeys pursuant to reasonable criteria for benefit eligibility. The Jockeys Health and Welfare Benefit Fund shall be administered by a Board, known as the Jockeys Health and Welfare Benefit Board, comprised of 1 member of the Delaware Thoroughbred Racing Commission, 1 member from the licensed agent under Chapter 101 of Title 3 or Chapter 4 of Title 28, 1 member of the Delaware Horsemen’s Association, and 1 representative from the organization that represents the majority of the jockeys who are licensed and ride regularly in Delaware, 1 jockey who is licensed and rides regularly in Delaware, and 1 retired Delaware jockey who is participating in the benefit program. The Chairperson of the Commission shall serve as an ex officio member and vote on matters in the event of a tie vote on any issue. Members shall be appointed by the Commission and shall serve 2-year terms. In addition to providing funding for jockey health and other welfare benefits, the fund may expend reasonable expenses for administrative purposes. d. Commissions to agents. — The portion of such proceeds remaining after the payments required by paragraphs (b)(4)a., b. and c. of this section shall be paid to such video lottery agent as commission. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall pay $250,000 of the proceeds received under this section to fund the video lottery agent’s contribution to the Delaware Certified Thoroughbred Program (DCTP) annually. Said amount shall be allocated as of January 1 of each calendar year. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, each agent shall pay $375,000 of the proceeds received under this section to fund the video lottery agent’s contribution to the Delaware Standardbred Breeder’s Program annually. Said amount shall be allocated as of January 1 of each calendar year. (c) (1) All proceeds, net of proceeds returned to players, from the operation of the sports lottery at video lottery agents shall be electronically transferred daily or weekly at the discretion of the Lottery Director into a designated state lottery account by the agent, and transferred to the State Lottery Fund by the lottery on a daily or weekly basis. Proceeds from the sports lottery at video lottery agents, less the amounts returned to winning players and vendor fees, shall be returned to the State at a rate of 50% of the total win so experienced. Purses shall be paid from the proceeds from the sports lottery conducted at video lottery agents, less amounts returned to winning players and vendor fees, at the rate of 10.2% for video lottery agents licensed only to conduct harness racing meets and at the rate of 9.6% for video lottery agents licensed only to conduct thoroughbred racing meets. The Director, by regulation shall adopt accounting procedures for the sports lottery in order to accommodate the differences between the sports lottery and the video lottery. Administrative costs and expenses incurred by the video lottery agent for the initiation of the sports lottery and the costs of the equipment shall be solely the responsibility of the video lottery agent. The provisions of subsection (b) of this section shall not apply to the proceeds from the operation of the sports lottery. (2) All proceeds, net of proceeds returned to players, from the operation of the sports lottery at sports lottery agents other than video lottery agents shall be held by the State Lottery Fund and such sports lottery agents shall be compensated pursuant to rules adopted under § 4805(a) of this title. Purses shall be paid from the proceeds from the sports lottery conducted at such sports lottery agents, less amounts returned to winning players and fees for sports lottery agents and vendors, to video lottery agents as follows: a. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall be paid and shall pay additional purses at the rate of 9.6% of the proportion of all sports lottery proceeds in the prior fiscal year generated by video lottery agents that is generated by that video lottery agent. Page 158 Title 29 - State Government b. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses at the rate of 10.2% of the proportion of all sports lottery proceeds in the prior fiscal year generated by video lottery agents that is generated by that video lottery agent. c. For video lottery agents licensed to conduct both horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28 and Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses at a rate between 9.6% and 10.2% determined by the Office to reflect the ratio of live horse racing days to live harness racing days. (d) Gross table game revenue shall be electronically transferred daily or weekly at the direction of the Lottery Director into a designated state lottery account by the agent, and transferred to the State Lottery Fund by the lottery on a daily or weekly basis. Gross table game revenue shall be applied as follows: (1) Proceeds returned to the State. — a. Except as otherwise provided by this paragraph, of gross table game revenue, there shall be returned to the State 15.5%. b. The funds retained by the State shall be applied as follows: first, to the administrative costs and expenses of the Office, including, but not limited to, administrative expenses including payroll and other employment costs, and law-enforcement and security expenses, including payroll and other employment costs of the state lottery, the Office of the Attorney General, the Division of Gaming Enforcement, and the Delaware State Police; second, $250,000 or 1%, whichever is greater, of the proceeds returned to the State under this paragraph, to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services to be used exclusively for funding programs for the treatment, education and assistance of compulsive gamblers and their families; third, costs of the Administrator of Racing and racing inspectors referenced in Chapters 100 and 101 of Title 3; and fourth, the remainder shall be paid into the State’s General Fund. (2) Purses. — Of gross table game revenue, such agent shall be paid and shall pay additional purses in the amount of 4.5% of such proceeds. a. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such purses shall be applied under the direction of the Delaware Thoroughbred Racing Commission for races conducted at such agent’s racetrack in accordance with § 10148 of Title 3 or § 427 of Title 28, as appropriate. b. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such purses shall be applied under the direction of the Delaware Harness Racing Commission to races conducted at such agent’s racetrack in accordance with § 10048 of Title 3. c. For video lottery agents licensed to conduct both harness racing meets under Chapter 100 of Title 3 and horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such purses shall be applied pursuant to the formulae set forth in paragraphs (b)(3)b.3. and (b)(3)b.4. of this section. (3) The proceeds remaining after the payments in paragraphs (d)(1) and (2) of this section above shall be paid to video lottery agents as their commission. (4) The administrative costs incurred by the Office shall be an administrative cost of the State. (e) Gross revenue from the Internet video lottery and Internet table games shall be accounted for to the State Treasurer and all proceeds, net of moneys returned to players, shall be placed into a special account known as the State Internet Lottery Fund. From the Fund, the Director shall first pay for the operation and administration of the Internet video lottery and Internet table games. Thereafter, the first $3,750,000 of proceeds in each fiscal year shall be transferred to the State Lottery Fund for the benefit of the State. After $3,750,000 of proceeds has been transferred to the State each fiscal year, the remaining proceeds shall be distributed as follows: (1) The proceeds from the sales of Internet video lottery games shall be distributed pursuant to paragraphs (b)(2) and (b)(3) of this section, provided that the calculations for such distribution shall be done after netting out the proceeds returned to players and administrative and vendor costs; and (2) The proceeds from the sales of Internet table games shall be distributed pursuant to subsection (d) of this section, net of proceeds returned to players, provided that the calculations for such distribution shall be done after netting out the proceeds returned to players and administrative and vendor costs. (59 Del. Laws, c. 348, § 1; 60 Del. Laws, c. 9, §§ 2, 3; 60 Del. Laws, c. 91, § 1; 60 Del. Laws, c. 92, § 1; 60 Del. Laws, c. 539, § 6; 61 Del. Laws, c. 189, § 1; 66 Del. Laws, c. 367, § 1; 69 Del. Laws, c. 446, § 16; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 253, §§ 6-9; 71 Del. Laws, c. 414, § 8; 73 Del. Laws, c. 41, § 1; 74 Del. Laws, c. 53, §§ 2, 3; 74 Del. Laws, c. 222, §§ 1-3; 74 Del. Laws, c. 424, § 1; 75 Del. Laws, c. 98, §§ 131, 132; 75 Del. Laws, c. 229, §§ 2-4; 76 Del. Laws, c. 19, §§ 1, 2; 76 Del. Laws, c. 283, §§ 1-4, 6, 7; 77 Del. Laws, c. 28, §§ 10-15; 77 Del. Laws, c. 186, §§ 1, 2; 77 Del. Laws, c. 219, § 12; 78 Del. Laws, c. 285, §§ 7-9; 79 Del. Laws, c. 134, § 1; 79 Del. Laws, c. 311, § 1; 81 Del. Laws, c. 287, §§ 1-7.) § 4816 Post-audit of accounts and transactions of Office. The State Auditor shall conduct a yearly post-audit of all accounts and transactions of the State Lottery Office. The cost of the audit shall be paid out of the State Lottery Fund moneys designated for payment of operating expenses. (59 Del. Laws, c. 348, § 1.) § 4817 Exemption of lottery prizes from state and local taxation [Repealed]. Repealed by 77 Del Laws, c. 74, § 1, effective Jan. 1, 2010. Page 159 Title 29 - State Government § 4818 Disclosure of certain information regarding a prize winner. The name and address of any prize winner under this chapter shall not be disclosed to the public by the State Lottery Office unless permission is given by the prize winner. (66 Del. Laws, c. 367, § 3.) § 4819 Restrictions on location and use of video lottery and sports lottery machines; fees. (a) Video lottery machines and table game equipment shall only be located within the confines of an existing racetrack property in this State on which was conducted in 1993 either a horse racing meet pursuant to Title 3 or Title 28 or a harness horse racing meet pursuant to Title 3 and/or such immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing; and provided further, that video lottery machines, sports lottery machines and table game equipment shall not be located in a hotel, motel or other overnight sleeping facility. (b) In respect of any pari-mutuel harness racing or pari-mutuel horse racing property the racing operations on which were lawful under any county or municipal zoning ordinance as of January 1, 1993, the use of video lottery machines pursuant to the provisions of this act on such property and/or on any immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing shall not be deemed to change the character of such lawful land use and such use of video lottery machines shall not be prohibited by any such county or municipal zoning ordinance, including amendments thereto. (c) Video lottery machines and sports lottery machines shall be connected to the lottery’s central computer system, except when used for promotional tournaments in which players are not required to pay any fee to participate. The specific hours of operation for each video lottery agent are subject to the recommendation of the Lottery Director and the approval of the Secretary of Finance. (d) (1) For the privilege of hosting the operation of table games, the State shall collect from the video lottery agents for the benefit of the General Fund, for each fiscal year after June 30, 2018, license fees totaling $3,000,000, to be paid no later than June 1 of the preceding fiscal year, and to be allocated among the video lottery agents offering table games as follows: Each video lottery agent’s license fee shall be the portion of $3,000,000 that is equal to the percentage of gross table game revenue generated at that video lottery facility in the preceding fiscal year out of the total gross table game revenue generated at all video lottery facilities in the preceding fiscal year. (2) The license fee required under paragraph (d)(1) of this section is suspended for fiscal year 2020, and no payment is owed to the Delaware Lottery on June 1, 2019. For each fiscal year thereafter, each video lottery agent shall be permitted for purposes of this subsection to reduce the license fee it would otherwise owe for that year pursuant to paragraph (d)(1) of this section by the amount of qualified investments made in the 12-month period ending on June 30 by the video lottery agent in the competitiveness of its facilities and business, if such qualified investments are increased by the amount of such video lottery agent’s proportional share of the $3,000,000 license fee. The video lottery agents shall provide the Director annually an accounting of the qualified investments made pursuant to this paragraph. A qualified investment pursuant to this paragraph shall be determined by the Director to benefit the competitiveness or services of such video lottery agent and may include expenditures for all of the following: a. Marketing of lottery games promotional items provided to patrons, with complimentary items valued at their normal retail value. b. Wages and benefits, including health care and retiree benefits, of the video lottery facility’s operations, excluding executive compensation, all as determined by the Director to be in excess of the comparable amount of such expenditures made by the video lottery agent during the 12-month period ending December 31, 2017, measured as a percentage of the proceeds from the operation of the video lottery and table games. (3) Expenditures for marketing, wages, or benefits under paragraph (d)(2) of this section apply to any facilities used by the video lottery agent in direct connection with its operations, including its video lottery, sports lottery and table games facilities, horse racing facilities, food and beverage operations, entertainment venues, retail operations, parking facilities, and if applicable, hotel and golf course amenities. (69 Del. Laws, c. 446, § 18; 74 Del. Laws, c. 53, § 4; 75 Del. Laws, c. 229, § 5; 76 Del. Laws, c. 156, §§ 2, 3; 76 Del. Laws, c. 283, § 5; 77 Del. Laws, c. 28, §§ 16-18; 77 Del. Laws, c. 219, §§ 13, 14; 78 Del. Laws, c. 285, § 10; 81 Del. Laws, c. 287, § 8.) § 4819A Charitable video lottery machines use and restrictions. (a) An eligible charitable gaming organization must apply for and receive the approval of the Director to operate charitable video lottery machines. The application form which will be promulgated by the Director shall at a minimum include the name of the eligible organization, the location at which the organization is applying to have video lottery machines, the individual who will be the primary contact and the vendor who will supply the charitable video lottery machines. Such approval will take into consideration a recommendation from the Division of Gaming Enforcement before a license is approved by the Director. (b) Proceeds returned to players. — A portion of such proceeds, but not less than 60% or greater than 86% of the total proceeds on an average annual basis received from the operation of a charitable video lottery machine, shall be retained by and returned to the players under rules prescribed by the Director. (c) Proceeds returned to the State. Amounts remaining after all payments to players under subsection (b) of this section, there shall be returned to the State 40%. If the Director determines that a charitable video lottery machine at an authorized charitable gaming organization is connected to the lottery’s central computer system, then there shall be 35% returned to the State. From the amount returned to the State, Page 160 Title 29 - State Government the vendor who supplies the charitable video lottery machines shall be paid. In addition, 1% of the proceeds returned to the State from this section shall be sent to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services for funding programs for the treatment, education and assistance of compulsive gamblers and their families. (d) Application of remaining proceeds. — The proceeds remaining after payments as set forth in subsections (b) and (c) of this section shall be made to the respective charitable gaming organization. (e) The maximum number of charitable video lottery machines that a charitable gaming organization may apply to have and be approved by the Director is 25. Each eligible charitable gaming organization may have up to 10 charitable video lottery machines, plus 1 additional charitable video lottery machine for every 70 members of the charitable gaming organization over 500 members of said organization. Any change in the membership requirements of a charitable gaming organization that in effect would alter the number of charitable video lottery machines a charitable organization would be authorized to have must be approved by the Director of the Lottery. (f) The charitable gaming organization shall submit to the Director a report monthly regarding the amount played and amount returned to the players from the charitable video lottery machines in their respective locations. The form of the report shall be promulgated by the Director. (g) The Lottery Office or the Division of Gaming Enforcement shall have access to the charitable video lottery machines in order to make sure that the intent of 79 Del. Laws, c. 1 is being enforced. (h) The Department of Finance shall enact regulations on an emergency basis to implement the operation of the charitable video lottery machines for the approved charitable gaming organizations. (i) Any organization denied application of being a qualified charitable gaming organization as defined by § 4803(a) of this title may enter the appeal process outlined in § 4830(j) of this title. (j) Effective January 1, 2014, charitable gaming organizations will be required to donate at least 40% of the organization’s proceeds from charitable video lottery machine gaming annually to a charitable purpose, including donations to an organization’s national programs; DE-based 501(c) [26 U.S.C. § 501(c)] charities, local individuals in need, payment in the form of scholarships, sponsorships of local organizations and the use of supplies, equipment and facilities that benefit the communities within the State. For purposes of meeting the 40% threshold, charitable gaming organizations are prohibited of making donations to another qualified charitable gaming organization that has been approved by the Lottery Director and is operating. A report on this activity shall be submitted to State Lottery Office by March 31 of each year on a form promulgated by the Lottery Director. If a charitable organization does not meet the 40% threshold, then it may apply for a waiver from the Secretary of Finance citing the reasons for not obtaining the required level of donations. A decision will be made by the Secretary of Finance whether or not to grant the waiver for a particular year. (k) (1) An Advisory Council on Charitable Gaming Planning is established and shall serve in an advisory capacity to the Secretary of Finance. Its membership shall include: a. The Director of the State Lottery Office. b. One member appointed by the President Pro Tempore of the Senate who is a member of an eligible charitable gaming organization. c. One member appointed by the Speaker of the House who is a member of a eligible charitable gaming organization. d. Two members appointed by the Governor who are members of eligible charitable gaming organizations. (2) The Governor shall designate 1 member to serve as Chairperson of the Council, who shall serve in that capacity for 2 years and shall be eligible for reappointment. (3) The Council shall consider matters relating to the effectiveness of current operational procedures and recommendations for new operational procedures or regulations. (4) Members of the Council shall serve without compensation. (5) Any member of the Council other than the Director of the State Lottery Office shall be subject to removal and replacement, without cause, at any time by the person who appointed or designated the member. (6) The Council shall meet at least 1 time each calendar year, at the call of the Director, the Chairperson, or a majority of the members. (7) The Council shall submit a report on its activities to the Secretary of Finance by November 5 of each year, together with recommendations for legislative and/or administrative changes it deems desirable. (l) [Repealed.] (79 Del. Laws, c. 1, § 2; 79 Del. Laws, c. 77, §§ 2, 5; 79 Del. Laws, c. 292, § 70; 80 Del. Laws, c. 78, §§ 74, 75; 82 Del. Laws, c. 158, § 1.) § 4820 Rights and obligations of Director and video lottery agent relating to video lottery machines, sports lottery machines and table game equipment. (a) All video lottery machines, sports lottery machines and table game equipment shall be at all times subject to state control and the use of any such video lottery machines, sports lottery machines and table game equipment shall occur only with the approval of the Office. All video lottery machines and sports lottery machines shall be owned or leased by the State and shall be obtained from manufacturers licensed under § 4805(a)(17) of this title. All video lottery machines and sports lottery machines shall be leased or purchased under the Page 161 Title 29 - State Government procedures set forth in Chapter 69 of this title. All table game equipment shall be leased, purchased or used by a video lottery agent only upon the approval of the Office and from manufacturers licensed under § 4805(a)(17) of this title. Any video lottery agent must file with the Director a copy of any current or proposed agreement or disclose any other relationship between the agent, its parents, subsidiaries, related entities, directors, officers or key employees for the sale, lease, maintenance, repair or other assignment to the agent’s facility of video lottery machines, sports lottery machines and table game equipment, or any other relationship with any vendor, manufacturer or other party which stands to benefit financially from the possession or use of video lottery machines, sports lottery machines or table game equipment by such agent. Failure to file such information shall constitute grounds for the revocation or suspension of a license. The lottery may own or lease video lottery machines pursuant to this subsection that require the payment of an additional license or proprietary fees and the number of such license or proprietary fee machines at any licensed video lottery agent may not exceed more than 5% of the total number of video lottery machines at the licensed racetrack property unless the Director finds that an additional number of such machines are necessary to increase revenues, will not produce reductions in the overall net proceeds from the lottery, will protect the public welfare, and will ensure the security of the video lottery. (b) (1) Upon submission by a video lottery agent of a proposed plan for the lease or purchase of video lottery machines in accordance with procedures to be established by the Director, the Lottery Director shall lease or purchase the number, type and kind of video lottery machines necessary for the efficient and economical operation of the lottery, or the convenience of the players and in accordance with the plan of the licensee, provided that no more than 2,500 video lottery machines shall be located within the confines of a racetrack property unless the Director recommends up to an additional 1,500 for each racetrack property, and further provided that the Director may recommend the amendment of such plan where the Director finds that such amendments are necessary to increase revenues, provided such amendments do not produce reductions in the overall net proceeds from the video lottery, protect the public welfare or ensure the security of the video lottery, provided that the maximum number of video lottery machines under this subsection shall not include video lottery machines at each racetrack used exclusively for promotional tournaments in which players are not required to pay any fee to participate. Such recommendations by the Lottery Director are subject to the approval of the Secretary of Finance. No more than 30 promotional tournament machines are permissible at each racetrack. The Director’s lease or purchase of video lottery machines under this subsection shall be pursuant to the procedures used for procurement under §§ 6981 and 6982 of this title. (2) No refund of license fees shall be payable for any unexpired term of a license. (c) Upon submission by a video lottery agent of a proposed plan for the lease or purchase of sports lottery machines in accordance with procedures to be established by the Director, the Lottery Director shall lease or purchase the number, type and kind of sports lottery machines necessary for the efficient and economical operation of the lottery, or the convenience of the players, and in accordance with the plan of the licensee, provided that the Director may recommend the amendment of such plan where the Director finds that such amendments are necessary to increase revenues, protect the public welfare or ensure the security of the video lottery. The Director’s lease or purchase of sports lottery machines under this subsection shall be pursuant to the procedures used for procurement under Chapter 69 of this title. (d) Each video lottery agent shall be responsible for the security and safekeeping of the video lottery machines, sports lottery machines and table game equipment of which it has physical custody. (e) The Director shall contract with an independent laboratory, which shall be licensed as a service company, to test video lottery machines, sports lottery machines and table game equipment and related equipment on a periodic basis to ensure that the machines and equipment comply with the requirements of this chapter and any other applicable standards and regulations. The manufacturer, vendor or lessor of such machines and equipment shall pay all costs associated with such testing. (f) Each video lottery agent shall hold the Director and this State harmless from and defend and pay for the defense of any and all claims which may be asserted against the Director, the State or the employees thereof, arising from the participation in the games at a video lottery facility; specifically excluding, however, any claims arising from the negligence or wilful misconduct of the Director, the State or the employees thereof. (g) Each video lottery agent shall provide access to all records of the licensee and the physical premises of the business or businesses where the agent’s lottery activities occur for the purpose of monitoring or inspecting the agent’s activities and the lottery games, machines and associated equipment. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title. (h) Prior to commencing the operations of any table game in a gaming area, a video lottery agent shall submit to the Office for its approval a detailed floor plan depicting the location of the gaming area in which table game equipment will be located, the proposed arrangement of the table game equipment, and sufficient area to be used by the Office and Division of Gaming Enforcement for their operations at the video lottery facility. Within 30 days, the Office shall approve such plans that satisfy the rules and regulations promulgated by the Office and shall deny such other plans. Amendments to an approved floor plan shall be submitted to the Office for its approval, and the Office shall, within 15 days, approve such amendments that satisfy the rules and regulations promulgated by the Office and shall deny such other plans. (69 Del. Laws, c. 446, § 19; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 253, § 10; 73 Del. Laws, c. 139, § 1; 74 Del. Laws, c. 53, §§ 5, 6; 74 Del. Laws, c. 307, § 131; 75 Del. Laws, c. 229, § 6; 77 Del. Laws, c. 28, §§ 19, 20; 77 Del. Laws, c. 219, §§ 15- 18; 78 Del. Laws, c. 285, § 11.) Page 162 Title 29 - State Government § 4821 Decision to forego video lottery. Any person, corporation or association licensed under Chapter 100 of Title 3 to conduct a harness horse racing meet during 1993 which conducted live harness horse races on 30 days or less during 1993 may forego the opportunity to become a video lottery agent under this chapter. Any such person, corporation or association electing to forego such opportunity shall notify the Director and all other video lottery agents of such decision, and so long as such person, corporation or association conducts live harness horse races on at least 90% of the same number of racing days as were conducted by such person, corporation or association in 1992, and so long as such person, corporation or association maintains and awards an average purse per race which is not less than the average purse per race offered by such person, corporation or association during 1992, then such person, corporation or association shall receive an annual payment of $100,000 from all video lottery agents licensed under Chapter 101 of Title 3 and $75,000 from all video lottery agents licensed under Chapter 100 of Title 3 or Chapter 4 of Title 28, such payment to be made on an annual basis commencing 6 months after the first customer plays the video lottery and shall continue so long as the video lottery is in operation. Video lottery agents licensed under more than 1 chapter of Title 28 and Title 3 shall only make 1 payment as set forth in the preceding sentence. An election to forego the opportunity to become a video lottery agent shall be effective for 1 year from the date of such election, after which time the licensee making the election may apply for licensure to become a video lottery agent, or may elect to forego such opportunity for an additional 1 year. (69 Del. Laws, c. 446, § 27.) § 4822 Annual crime report. The State Lottery Office, with the assistance of the Attorney General’s Office and the State Bureau of Identification, shall annually provide to the General Assembly a report detailing the crimes that occur within the communities surrounding each racetrack property, including an analysis of crimes relating to table gaming, whether in or outside the property of a video lottery facility. (69 Del. Laws, c. 446, § 28; 77 Del. Laws, c. 219, § 19.) § 4823 Enforcement. (a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a license issued pursuant to § 4805 of this title, or any administrative order issued pursuant to this section, shall be punishable as follows: (1) If the violation has been completed, by a civil penalty imposed by Superior Court, which shall have jurisdiction of civil penalty actions brought pursuant to this section, of not less than $1,000 nor more than $10,000 for each completed violation. Each day of a continued violation shall be considered as a separate violation if, on each such day, the violator has knowledge of the facts constituting the violation and knows or should know that such facts constitute or may constitute a violation. Lack of knowledge regarding such facts or violation shall not be a defense to a continued violation with respect to the first day of its occurrence. (2) If the violation is continuing or there is a substantial likelihood that it will reoccur, the Director may also seek a temporary restraining order, preliminary injunction or permanent injunction in the Court of Chancery, which shall have jurisdiction of an action for such relief. (3) In the Director’s discretion, the Director may impose an administrative penalty of not more than $1,000 for each violation. Each day of continued violation shall be considered as a separate violation if the violator has knowledge of the facts constituting the violation and knows or should know that such facts constitute or may constitute a violation. Lack of knowledge regarding such facts or violation shall not be a defense to a continued violation with respect to the first day of its occurrence. Prior to the assessment of an administrative penalty, written notice of the Director’s proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of such notice to request a public hearing. Any public hearing, if requested, shall be held prior to the imposition of the penalty and shall be governed by § 10125 of this title. If no hearing is timely requested, the proposed penalty shall become final and shall be paid no later than 60 days from receipt of the notice of proposed penalty. Assessment of an administrative penalty shall take into account the circumstances, nature and gravity of the violation, as well as any prior history of violations, the degree of culpability, the economic benefit to the violator resulting from the violation, any economic loss to the State and such other matters as justice may require. In the event of nonpayment of an administrative penalty within 30 days after all legal appeal rights have been waived or otherwise exhausted, a civil action may be brought by the Director in Superior Court for the collection of the penalty, and for interest, from the date payment was due, attorneys’ fees and other legal costs and expenses. The validity or amount of such administrative penalty shall not be subject to review in an action to collect the penalty. Any penalty imposed after a public hearing is held pursuant to this subsection shall be appealable to Superior Court, and such appeal shall be governed by § 10142 of this title. (4) In the Director’s discretion, the Director may endeavor to obtain compliance with requirements of this chapter by written administrative order. Such order shall be provided to the responsible party, shall specify the complaint, and propose a time for correction of the violation. It may also provide an opportunity for a public hearing at which the Director shall hear and consider any submission relevant to the violation, corrective action or the deadline for correcting the violation. (b) The Director shall enforce this chapter. (c) Any interest, costs or expense collected under this section shall be appropriated to the State Lottery Office to carry out the purposes of this chapter. (71 Del. Laws, c. 253, § 11.) Page 163 Title 29 - State Government § 4824 Advisory Council on Video Lottery Planning. (a) An Advisory Council on Video Lottery Planning is established and shall serve in an advisory capacity to the Secretary of Finance. Its membership shall include: (1) The Director of the State Lottery Office. (2) One member from each licensed video lottery agent, to be designated by the respective agent. (3) Two members representing all of the licensed manufacturers of video lottery machines to be designated by the Director of the State Lottery Office, and/or the licensed manufacturer of the central computer systems to be designated by the Director of the State Lottery Office. (4) One sports lottery agent designated by the Director of the State Lottery Office. (b) The Governor shall designate one member to serve as Chairperson of the Council, who shall serve in that capacity for 2 years and shall be eligible for reappointment. (c) The Council shall consider matters relating to the growth and competitive vitality of the video lottery industry in the State, including but not limited to: (1) The status of video lottery game development issues in the State; (2) The status of known game problem resolution; (3) Personnel issues and concerns affecting the industry; (4) The effectiveness of current operational procedures and recommendations for new operational procedures or regulations; (5) The competitive vitality of the video lottery industry in the State, and recommendations for marketing and technological improvements; (6) Issues and concerns relating to the repair and maintenance of video lottery machines and related equipment, including preventive maintenance programs; (7) Video lottery agent or manufacturer specific projects that will impact the operation of the video lottery; and (8) Issues and concerns of the State Lottery Office relating to video lottery operations and the status of internal control approvals. (d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable necessary expenses incident to their duties as members in accordance with state law. (e) Any member of the Council other than the Director of the State Lottery Office shall be subject to removal and replacement, without cause, at any time by the person who appointed or designated the member. (f) The Council shall meet at least 1 time each calendar year, at the call of the Director, the Chairperson, or a majority of the members. (g) The Council shall submit a report on its activities to the Secretary of Finance by November 5 of each year, together with recommendations for legislative and/or administrative changes it deems desirable. (74 Del. Laws, c. 53, § 7; 78 Del. Laws, c. 285, § 12; 82 Del. Laws, c. 158, § 1.) § 4825 Sports lottery. (a) The Director shall, pursuant to the authority granted under § 4805(a)(1) and (b)(4) of this title, commence a sports lottery as soon as practicable. The Director shall, by rules and regulations, provide for the features and attributes of a sports lottery. The regulations must, in the Director’s judgment, administer the sports lottery in a manner which will produce the greatest income for the State while minimizing or eliminating the risk of financial loss to the State. (b) A person under the age of 21 may not purchase a sports lottery ticket, or wager on a sports lottery machine, or in any way participate in the sports lottery. (c) The Director may commence a sports lottery located at facilities operated by video lottery agents licensed by the State and such other sports lottery agents as shall be licensed pursuant to the terms of this chapter. Licenses awarded to video lottery agents relative to the video lottery shall automatically allow those agents to operate facilities at which the sports lottery can be conducted. (d) The Director may, in the Director’s discretion, grant licenses to operate the sports lottery to sports lottery agents, which shall be a qualified, person, business, organization or entity that owns or operates an appropriate property. Before issuing a license to a sports lottery agent, each person seeking a license shall comply with the criminal background check required by this chapter and at least 1 person shall receive a background check to the standard of a sports lottery operations employee. In granting licenses, the Director shall consider the factors in § 4806(a) of this title and, if the Director shall find that the experience, character and general fitness of the applicant are such that the participation of such a person as a sports lottery agent will be consistent with the public interest, convenience and purposes of this chapter, the Director shall thereupon grant a license. In prioritizing applications for a license under this section, the Director shall give preference to proposals likely to foster economic growth and maximize employment. Change of ownership of the licensed business, organization or entity occurring after the Director has issued a license shall automatically terminate the license 90 days thereafter unless the Director has determined after application to issue a license to the new owner or owners because the new owner or owners have met the requirements of this chapter. Any license granted pursuant to this subsection is a privilege personal to the sports lottery agent and is not a legal right. A license granted or renewed pursuant to this subsection may not be transferred or assigned to another person, nor may a license be pledged as collateral. Each sports lottery agent shall be responsible for the security and safekeeping of the sports lottery Page 164 Title 29 - State Government machines of which it has physical custody. Each sports lottery agent shall provide access to all records of the licensee and the physical premises of the business or businesses where the agent’s lottery activities occur for the purpose of monitoring or inspecting the agent’s activities and the lottery games, machines and associated equipment. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title. For purposes of this subsection, “a change of ownership” shall have occurred if more than 20% of the legal or beneficial interests in such person, corporation or association shall be transferred, whether by direct or indirect means. (77 Del. Laws, c. 28, § 1; 78 Del. Laws, c. 285, § 13.) § 4826 Internet lottery. (a) The Director is authorized to operate an Internet lottery in accordance with this chapter, other Delaware laws, and federal law. (b) No Internet lottery game shall be conducted unless the software, computer or other gaming equipment utilized can verify that the player engaged in such game is physically present in the State at the time they engage in such games. The Office shall confirm that players of the Internet lottery are, in fact, verified to be physically located in the State at the time they place a wager in such games. Notwithstanding the foregoing, persons who are not physically present in this State may engage in Internet lottery games only if the Office determines that such games are not inconsistent with federal law and the law of the jurisdiction in which the person is physically present, or if such games are conducted pursuant to an interstate compact to which the State is a party that is not inconsistent with federal law. (c) The Director shall have the duty to promulgate such rules and regulations governing the Internet lottery as the Director deems necessary and desirable in order that the Internet lottery be initiated at the earliest feasible time in a manner that provides for the security and effective administration of such games, including but not limited to: (1) The type, number, payout, wagering limits, and rules for Internet lottery games; (2) The creation, utilization, of Internet lottery accounts by players of the Internet lottery, provided that such accounts shall be possessed only by a natural person and not in the name of any beneficiary, custodian, joint trust, corporation, partnership or other organization or entity, and provided that such accounts shall not be assignable or otherwise transferable; (3) Procedures for logging in Internet lottery account holders, authenticating their identity, agreeing to the terms, conditions and rules applicable to such games, and logging out, including procedures for automatically logging off persons from the Internet lottery after a specified period of inactivity; (4) Procedures for acquiring funds in an Internet lottery account by cash, transfer or other means, the withdraw of such funds from such accounts, the suspension of Internet lottery account activity for security reasons, the termination of Internet lottery accounts and disposition of proceeds therein, and the disposition of unclaimed amounts in dormant Internet lottery accounts pursuant to Chapter 11 of Title 12; (5) Mechanisms by which the Office or persons playing Internet lottery games may place limits on the amount of money being wagered per game or during any specified time period, or the amount of losses incurred during any specified time period; (6) Mechanisms to exclude from the Internet lottery persons not eligible to play by reason of age, inclusion on a list of self-excluded persons in § 4834 of this title, or inclusion by the Director on a list for exclusion pursuant to § 4835 of this title; (7) Procedures for the security and reliability of Internet lottery games and Internet lottery accounts, protection of the software, computers and other equipment used in the Internet lottery, and mechanisms to prevent tampering or utilization by unauthorized persons; and (8) Mechanisms by which the Office shall require that accounts for Internet ticket game purchases be funded by purchase of a prepaid card or other mechanism obtained from a lottery agent through which players can transfer money or credits for Internet ticket game play. (d) The Director shall cause each Internet site on which the Internet lottery is conducted to include an advertisement for and link to additional information for services for the treatment, education and assistance of compulsive gamblers and their families. (78 Del. Laws, c. 285, § 14.) § 4827 Table gaming. (a) Legislative findings. — (1) The General Assembly finds that the video lottery operated by the Delaware Lottery plays a critical role in the economy of the State; that it has made significant revenue contributions to the State; that it has provided for significant employment opportunities in the State; that it has greatly benefited the horse breeding, horse racing and agricultural industries in the State; that it has contributed to the preservation of open space in the State; that it has enhanced tourism in the State; that it has provided many indirect benefits to various segments of the State’s economy; and that video lottery agents have made significant investments in their personnel and their facilities to host the video lottery. (2) The General Assembly finds that allowing the Delaware Lottery also to offer table gaming at the sites of video lottery agents could further the success of the Delaware lottery; foster additional revenue contributions to the State; promote Delaware as a leisure and tourism destination; create as many as 750 new jobs; and provide other indirect benefits throughout the State’s economy. (3) The General Assembly finds that table game wagers authorized under this article are lotteries under state control. Each game involves the 3 essential elements necessary for a lottery: consideration, chance and a prize. The General Assembly finds that where a table game wager has mixed elements of chance and skill, it will continue to qualify as a lottery as long as chance is the predominant Page 165 Title 29 - State Government factor. The General Assembly further finds that the outcome of the table games expressly enumerated under this subchapter is determined predominantly by chance. (4) The General Assembly finds that an essential element of the regulation and control of video lottery agents by the State rests in the public confidence and trust in the credibility and integrity of the regulatory process and gaming operations. The General Assembly further finds that the regulatory provisions of this act are designed to extend strict state control over all persons, locations, practices and associations related to the operation of licensed video lottery agents. (b) The Director shall, pursuant to the authority granted under § 4805 of this title, establish an initial regulatory framework for table games and commence table game operations as soon as reasonably possible. The Director shall, by rules and regulations, provide for the features and attributes of the table game operations. (c) The regulations must administer table game operations in a manner that minimizes or eliminates the risk of financial loss to the State. (d) Table game operations shall be conducted exclusively at video lottery facilities owned and operated by video lottery agents licensed in the State. Licenses awarded to video lottery agents relative to the video lottery shall allow those agents to act as agents for the State with respect to table game operations, and such licenses shall be subject to the same license requirements and procedures as video lottery licenses pursuant to this subchapter. (e) On March 15 of each year, each video lottery agent shall report to the Office, in a form and in a manner required by the Office, and to the General Assembly the number of full-time and part-time employees engaged in the conduct of table games and the number of full-time and part-time employees otherwise engaged. (77 Del. Laws, c. 28, § 1; 77 Del. Laws, c. 219, § 1.) § 4828 Licensing of video lottery agent directors, officers, and employees. (a) The Director shall have the power and duty to license those persons required by this chapter to be licensed and to promulgate rules and regulations for such purpose. The licensure procedure shall include the satisfaction of such security, fitness and background standards as determined necessary relating to competence, honesty and integrity, such that a person’s reputation, habits and associations do not pose a threat to the public interest of the State or to the reputation of or effective regulation and control of the lottery. (b) It shall be the obligation of the video lottery agent to notify the Director on a continuing basis of any change in officers, directors, key employees, gaming employees, gaming room service employees, sports lottery operations employees and persons who own, directly or indirectly, 10% or more of such entity. Persons holding key employee licenses on January 28, 2010, shall remain licensed as key employees and shall not be required to seek licensure under this section until the license is to be renewed. Persons holding video lottery operations employee licenses shall remain licensed as a gaming employee, but shall be required to seek renewal of their licenses no later than July 28, 2010. (c) The terms of licenses under this section shall be as follow: (1) Initial licenses of key employees, officers, directors, and persons who own directly or indirectly 10% or more of a video lottery agent shall have a term of 2 years, and renewals of licenses of key employees shall have a term of 3 years; (2) Initial licenses of gaming employees and sport lottery operations employees shall have a term of 3 years, and renewals of licenses of gaming employees shall have a term of 4 years; and (3) Initial licenses of gaming room service employees shall have a term of 5 years, and renewals of licenses of gaming room service employees shall have a term of 6 years. (77 Del. Laws, c. 219, § 20.) § 4829 Licensing of service companies. (a) “Service company” shall mean: (1) Any vendor offering goods or services relating to the manufacture, operation, maintenance, security, distribution, service or repair of video lottery machines, sports lottery machines or table game equipment directly to the State; (2) Any vendor offering goods or services to a video lottery agent on a regular and continuing basis, as defined in regulations promulgated hereunder; or (3) Any person providing gaming excursion services to a video lottery agent. (b) The Director shall have the power and duty to license those service companies meeting this definition as the Director determines to be necessary to the integrity of the operations of the lottery, and to promulgate rules and regulations for such purpose. The licensure procedure shall include the satisfaction of such security, fitness and background standards as determined necessary relating to competence, honesty and integrity, such that a service company’s reputation, habits and associations do not pose a threat to the public interest of the State or to the reputation of, or effective regulation and control of, the lottery. Vendors holding licenses as technology providers or other service provider shall remain licensed as a service company and shall not be required to seek licensure under this section until the license is to be renewed. Vendors licensed or approved by the Harness Racing Commission or the Thoroughbred Racing Commission to provide services to a video lottery agent need not secure a service company license pursuant to this section unless such vendor seeks to provide services other than those already authorized. (c) Each service company identified in this section shall be licensed in accordance with the standards of a key employee. The owners, management, and supervisory personnel of each such service company shall be qualified to the standards of and for the term of a key Page 166 Title 29 - State Government employee. The employees of each such service company whose duties and responsibilities involve the security, maintenance, servicing, repair, or operation of video lottery machines or table game equipment shall be licensed to the standards of and for the term of a gaming employee. (d) Each service company identified in paragraph (a)(2) of this section shall be licensed in accordance with the standards of a key employee except as to the requirement to establish financial stability, integrity and responsibility. The owners, management, and supervisory personnel of each such service company shall be qualified to the standards of a key employee, except as to the requirement to establish financial stability integrity and responsibility. (e) Each service company identified in paragraph (a)(3) of this section shall be licensed in accordance with the standards of a key employee except as to the requirement to establish financial stability, integrity and responsibility. The employees of each such service company whose duties and responsibilities include arranging, procuring or selecting participants in a gaming excursion shall be qualified to the standards of a key employee, except as to the requirement to establish financial stability integrity and responsibility. (f) For purposes of this section, an owner of a corporation shall be defined as “any person who owns directly or indirectly more than 10% of the equity securities of the corporation.” (g) (1) Each service company identified in paragraph (a)(1) of this section shall be licensed as a service company prior to conducting any business whatsoever, provided, however, that upon a finding of good cause by the Director for each business transaction, the Director may permit an applicant for such service company license to conduct business transactions prior to the licensure of that company. (2) Each service company identified in paragraph (a)(2) of this section, may transact business with a video lottery agent prior to obtaining a service company license upon the filing of a vendor registration form by a video lottery agent for such service company pursuant to regulations promulgated hereunder. (h) The terms of licenses under this section shall be as follows: (1) Service companies identified in paragraph (a)(1) of this section shall be licensed for an initial term of 2 years and succeeding renewal terms of 3 years from date of issuance; (2) Service companies identified in paragraphs (a)(2) and (a)(3) of this section shall be licensed for an initial term of 3 years and succeeding renewal terms of 4 years from date of issuance. (i) The risk manager of the sports lottery must be a bookmaker currently licensed to operate, and operating, sports books in the United States and the sports lottery technology system provider must be licensed to operate lotteries in the United States. The Director may determine whether the licensing standards of another state are comprehensive, thorough and provide similar adequate safeguards and, if so, may, in the Director’s discretion, license an application already licensed in such state without the necessity of a full application and background check. (77 Del. Laws, c. 219, § 20; 70 Del. Laws, c. 186, § 1.) § 4830 Standards of licensing. (a) All applicants, licensees, registrants, or any other person who must be qualified pursuant to this chapter shall have the continuing duty to provide any assistance or information required by the Director or the Division of Gaming Enforcement, and to cooperate in any background check or investigation conducted by the Division of Gaming Enforcement or in any hearing conducted by the Director. If an applicant, licensee, registrant or any other person who must be qualified pursuant to this act refuses to provide information, evidence or testimony upon formal request by the Director or the Division of Gaming Enforcement, the Director may deny or revoke the application, license, registration or qualification of such person. (b) An applicant for a key license or gaming employee license shall be required to establish that applicant’s qualifications for obtaining a license by clear and convincing evidence. The Director of the Delaware lottery shall deny a license to any applicant who fails to prove by clear and convincing evidence that the applicant is qualified under the provisions of this chapter. (1) An applicant for a key license or gaming employee license shall provide such information, documentation and assurances as may be required to establish by clear and convincing evidence that the applicant has good character, honesty and integrity. (2) An applicant for a key license or gaming employee license has the affirmative obligation to provide such information, documentation and assurances as may be required to establish by clear and convincing evidence that the applicant has financial stability, responsibility and integrity. (c) The Director shall deny a license to any applicant or revoke the license of any licensee based on the following criteria: (1) The conviction of a felony in any jurisdiction; (2) The conviction of a gambling offense or a crime of moral turpitude in any jurisdiction within 10 years prior to applying for a license or at any time subsequent to the granting of a license; (3) The commission of any act within 10 years prior to applying for a license or at any time subsequent to the granting of a license in any jurisdiction, which would constitute any offense enumerated in paragraphs (c)(1) and (2) of this section, even if such conduct has not been prosecuted, or if prosecuted, has not resulted in a conviction; (4) A conviction which has been the subject of a pardon or order of expungement shall not be grounds for automatic disqualification under paragraphs (c)(1) and (2) of this section, but may be grounds for disqualification under paragraph (c)(3) of this section. Such Page 167 Title 29 - State Government conviction also may be considered in evaluating an applicant’s ability to demonstrate his qualifications pertaining to good character, honesty and integrity; (5) Current prosecution for any offense listed in paragraphs (c)(1) and (2) of this section, provided that, at the request of the applicant, the Director shall defer its decision on the application during the pendency of the charge; (6) The failure to provide information, documentation and assurances required by the act or requested by the Director, or the supplying of information which is untrue or misleading as to a material fact pertaining to the criteria for obtaining a license; (7) Notorious or unsavory reputation that would adversely affect public confidence and trust that the Delaware Lottery is free from criminal or corruptive elements; or (8) Anything that, in the opinion of the Director, would denigrate or undermine the integrity or overall soundness of the lottery, including but not limited a person’s reputation, habits and associations that may pose a threat to the public interest of the State or to the reputation or effective control of the lottery. (d) Notwithstanding the provisions in paragraphs (c)(1), (2), and (3) of this section above for the denial or revocation of a license, no application should be denied and no license should be revoked if the applicant or licensee is able to demonstrate that applicant’s or licensee’s rehabilitation by clear and convincing evidence. In determining whether an applicant or licensee has affirmatively established that applicant’s or licensee’s rehabilitation, the Director shall consider the following factors: (1) The conviction occurred more than 5 years from the date of application; (2) The nature and duties of the position applied for; (3) The nature and seriousness of the offense or conduct; (4) The circumstance under which the offense or conduct occurred; (5) The age of the applicant or licensee when the offense or conduct was committed; (6) Whether the offense or conduct was an isolated or repeated incident; and (7) Any evidence of rehabilitation including, without limitation, good conduct in prison or in the community; successful completion of court-ordered probation; counseling or medical treatment received; and the recommendations of persons who have had the person under their supervision. (e) Participation in gaming operations as a licensed employee or service company under this chapter shall be deemed a revocable privilege conditioned upon the proper and continued qualification of the individual licensee and upon the discharge of the affirmative responsibility of each such licensee to provide to the regulatory and investigatory authorities established by this subchapter, any assistance and information necessary to assure that the policies declared by this subchapter are achieved. Consistent with this policy, it is the intent of this chapter to preclude the creation of any property right in any license permitted by this chapter, or the accrual of any value to the privilege of participation in gaming operations, and to require that participation in gaming be solely conditioned upon the individual qualifications of the person seeking such privilege. (f) (1) All information and data required by the Office to be furnished in the application or investigative process, or which otherwise may be obtained by the Office or Division of Gaming Enforcement, pertaining to an applicant’s criminal record, financial record, family and background, including, but not limited to, an application form, license investigation report, or request for placement on the selfexclusion list, shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the Attorney General, to a duly authorized law-enforcement agency. The Division of Gaming Enforcement may enter into agreements with other law-enforcement agencies or other gaming regulatory agencies that have law-enforcement status for the sharing of confidential information. Any person who violates this paragraph (f)(1) shall be guilty of a Class A misdemeanor. (2) All information and data required by the Office or the Division of Gaming Enforcement to be furnished, or which otherwise may be obtained by the Office or the Division of Gaming Enforcement, relative to internal controls of a video lottery agent shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the Attorney General, to a duly authorized law-enforcement agency. Any person who violates this paragraph (f)(2) shall be guilty of a Class A misdemeanor. (g) The licensure procedure shall take no more than 90 days to complete, unless extenuating circumstances require a longer period, in which case the Director and the State shall act with all deliberate speed to complete the process. The Division of Gaming Enforcement or persons acting at the direction of the Division of Gaming Enforcement shall conduct the security, fitness and background checks required by this chapter. (h) The Director may issue temporary licenses for good cause and upon a finding that the issuance of a temporary license is necessary to allow for the efficient operation of the video lottery facility. Temporary licenses shall remain in effect for no more than 6 months from the date of issuance. (i) The Director of the Delaware Lottery may issue an emergency order for the suspension of any license, other than a video lottery agent license, if the Director finds that: Page 168 Title 29 - State Government (1) A licensee has been charged with a violation of the criminal laws of Delaware or any jurisdiction; and (2) Such action is necessary to preserve the public policy of this subchapter. An emergency order shall set forth the grounds upon which it is issued and shall be effective immediately upon issuance, and remain in effect until further order of the Director. An emergency order for suspension shall be served upon the licensee within 5 days of issuance. The person or entity against whom the emergency order has been issued shall be entitled to a hearing on an appeal to the Lottery Commission for reconsideration in accordance with the provisions of this chapter and the regulations promulgated hereunder. (j) (1) Within 30 days after an adverse determination by the Director, the applicant or licensee seeking to appeal the denial of a permit application or revocation or suspension of a previously issued permit may demand a hearing before the Lottery Commission and show cause why the Director’s determination was in error. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects his right to petition for judicial review. (2) Upon receipt of a demand for hearing, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the Director and the person demanding the hearing. At the hearing, the person seeking the hearing shall have the affirmative obligation to demonstrate by clear and convincing evidence that the Director’s determination was in error under the criteria for licensing established by this chapter and any regulations hereunder. (3) If, upon completion of the hearing, the Lottery Commission determines that the person seeking the hearing has met that person’s own burden of proof, an order to that effect should be entered and the license issued. If, upon completion of the hearing, the Lottery Commission finds that the person seeking the hearing has not met that person’s own burden of proof, an order shall be entered to that effect. This order is subject to review in the Superior Court pursuant to the Administrative Procedures Act [Chapter 101 of this title]. (k) Any person whose license has been revoked or whose application for a license has been denied shall be prohibited from reapplying for any license for a period of 5 years from the date of the order denying or revoking the license. (77 Del. Laws, c. 219, § 20; 70 Del. Laws, c. 186, § 1.) § 4831 Prohibition on employment of persons or service companies without a license. (a) It shall be unlawful for any licensed agent to employ or continue to employ an individual or service company that is required to possess a license under the provisions of this chapter, but that is not licensed. A licensed agent who violates the provisions of this section shall pay a fine imposed by the Office of not less than $1,000 and not more than $5,000. A licensed person who knowingly violates the provisions of this section is guilty of a Class A misdemeanor. (b) Any individual or service company that works or is employed in a position whose duties require licensing under the provisions of this chapter, without holding the requisite license, is guilty of a Class A misdemeanor. (77 Del. Laws, c. 219, § 20.) § 4832 Prohibition on employee gaming. It shall be unlawful for any key employee or gaming employee who is required to hold a license under this chapter to wager on table games or the video lottery in a video lottery facility in which such employee is employed. Violation of this section shall subject the violator to the imposition of a fine. (77 Del. Laws, c. 219, § 20; 70 Del. Laws, c. 186, § 1.) § 4833 Exemption from federal law. Pursuant to § 2 of Chapter 1194, 64 Stat. § 1134, 15 U.S.C. § 1172, the State, acting by and through its duly elected and qualified members of the General Assembly, does declare and proclaim that the State is exempt from Chapter 1194, 64 Stat. § 1134, 15 U.S.C. § 1172, and that the shipment of table gaming equipment, sports lottery machines and video lottery machines to video lottery agents in Delaware, done in accordance with federal law, shall be a legal shipment of a gambling device within the State. (77 Del. Laws, c. 219, § 20.) § 4834 List of persons self-excluded from gaming activity. (a) The Director shall provide by regulation for the establishment of a list of persons self-excluded from gaming activity at video lottery facilities or through the Internet lottery. A person may request placement on the list of self-excluded persons by acknowledging in a manner to be established by the Director that the person is a problem gambler and by agreeing that, during the period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from any gaming activity at a video lottery facility or through the Internet lottery. (b) A person may request placement on the list of self-excluded persons for any of the following periods: (1) Lifetime; (2) Five years; (3) One year. Page 169 Title 29 - State Government (c) The Director shall establish procedures for placements on and removals from the list of self-excluded persons and procedures for the transmittal to operators of a video lottery facility of identifying information concerning self-excluded persons. (d) The Director shall require licensed agents of video lottery facilities to establish procedures designed to: (1) Prevent self-excluded persons from engaging in any gaming activity; (2) Remove them from any forms of advertising or promotions; and (3) Deny self-excluded persons access to credit, complimentaries, check cashing privileges, and similar benefits. (e) The list of self-excluded persons shall be confidential and not open to public inspection under Chapter 100 of this title. (f) A licensed video lottery agent and the directors, officers and employees of a video lottery agent shall not be liable to any selfexcluded person or any other party in any judicial proceeding for any harm, monetary or otherwise, that may arise as a result of the failure of the video lottery facility to withhold gaming privileges to a self-excluded person. (g) A licensed video lottery agent and the directors, officers and employees of a licensed video lottery agent shall not be liable to any self-excluded person or any other party in any judicial proceeding for any harm, monetary or otherwise, which may arise as a result of disclosure in any manner, other than a wilfully unlawful disclosure, of the identity of any self-excluded person. (77 Del. Laws, c. 219, § 20; 78 Del. Laws, c. 285, § 15.) § 4835 Exclusion or ejection of certain persons from video lottery facilities and Internet lottery games; exclusion of certain persons from participating in sports lottery games. (a) The Director shall by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any video lottery agent’s facility and excluded from participating in any capacity in the play of any table game, sports lottery game, video lottery game, or Internet lottery game. Persons shall be placed on the list by order of the Director, predicated upon the filing of a petition by the Division of Gaming Enforcement. Persons shall be placed on the list if a reasonable basis exists for believing that the person’s engagement in the games or presence in the facility is inimical to the interests of this State, or to the operation of a video lottery agent’s facilities, or both. Such provisions shall define the standards for exclusion and shall require the Director and the Division of Gaming Enforcement to consider any: (1) Prior conviction of a crime which is a felony in this State or under the laws of the United States; or a crime involving moral turpitude; or a violation of the gaming laws of any state; (2) Violation or conspiracy to violate any of the provisions of § 1471 of Title 11; (3) The failure to disclose an interest in a video lottery facility for which the person must obtain a license; (4) Wilful evasion of fees or taxes; (5) Notorious or unsavory reputation which would adversely affect public confidence and trust that the Delaware Lottery is free from criminal or corruptive elements; or (6) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted. (b) The Director also shall provide by regulation for the establishment of a list of persons who are to be excluded from participating in any capacity in the play of any sports lottery game, whether such sports lottery game is conducted at a video lottery agent’s facility or a sports lottery agent’s facility. The Director may place a person on the list of excluded sports lottery players by an order that shall be predicated upon the completion of an investigation conducted by the Division of Gaming Enforcement and its written report to the Director. Such regulatory provisions shall define the standards for exclusion from participation in any sports lottery games and shall require the Director to consider 1 or more of the following factors: (1) Prior conviction of a crime that is related to sports betting in any jurisdiction. (2) Anything that, in the opinion of the Director, would denigrate or undermine the integrity or overall soundness, financial stability, or reputation of the lottery, which may include a person’s reputation, habits, and associations that may pose a threat to the public interest of the State or the reputation or effective control of the lottery. (c) (1) The Director may issue an emergency order to exclude any person from participating in any capacity in the play of any sports lottery game if the Director finds that the person poses an immediate threat that would denigrate or undermine the integrity or overall soundness, financial stability, or reputation of the lottery, which may include a person’s reputation, habits, and associations that may pose a threat to the public interest of the State or the reputation or effective control of the lottery. (2) An emergency order shall set forth the grounds upon which it is issued and shall be effective immediately upon issuance and shall remain in effect until further order of the Director. In addition, an emergency order to exclude a person from participating in any capacity in the play of any sports lottery game shall be served upon the excluded sports lottery player within 7 calendar days of issuance. After the Division of Gaming Enforcement completes an investigation and report to the Director that confirms the excluded sports lottery player meets the criteria of this subsection or that the excluded sports lottery player does not meet the criteria of this subsection, the Director shall issue a further order regarding the excluded sports lottery player, which order may finalize the decision to exclude the sports lottery player or reverse the decision to exclude the sports lottery player. Page 170 Title 29 - State Government (d) In considering placement on the exclusion list, it shall be improper to discriminate on any basis prohibited by § 711(a) of Title 19. (e) Whenever the name and description of any person is placed on a list pursuant to this section, the Director shall serve notice of such fact to such person: (1) By personal service; (2) By certified mail to the last known address of such person; or (3) By publication daily for 1 week in 1 of the principal newspapers published in the city of Dover and in 1 of the principal newspapers published in the city of Wilmington, Delaware. (f) Within 30 days after service by mail or in person or 60 days after the last publication, the person named may demand a hearing before the Lottery Commission and show cause why that person’s name should be taken from such a list. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects that person’s right to petition for judicial review. (g) Upon receipt of a demand for hearing, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the Division of Gaming Enforcement, the Director, and the person demanding the hearing. At the hearing, the Division of Gaming Enforcement or the Director, whichever initiated the placement of the person on the exclusion list or the list of excluded sports lottery players, shall have the affirmative obligation to establish a reasonable basis that the person named for exclusion satisfies the criteria for exclusion established by this section and any regulations hereunder. (h) If, upon completion of the hearing, the Lottery Commission determines that: (1) The Division of Gaming Enforcement or the Director has not met the burden of proof, an order shall be entered requiring that the person’s name be removed from the list of excluded persons or the list of excluded sports lottery players and requiring the Director to so notify all video lottery agents of the person’s removal from the list. (2) Placing the person on the exclusion list or the excluded sports lottery players list was proper, an order shall be entered to that effect, and the Lottery Commission shall serve a copy of that order on the person so named pursuant to subsection (e) of this section, as well as all video lottery agents. This order is subject to review in the Superior Court, which shall have exclusive jurisdiction over appeals of exclusion listings from the Lottery Commission. (i) Nothing contained in this section shall: (1) Affect the common law right of a video lottery agent, as an owner or lessor of property, from excluding or ejecting any person from its property for any reason that is not unlawful or excluding any person from participation in Internet lottery games for any reason that is not unlawful; or (2) Be applicable to any action undertaken by a video lottery agent in the exercise of such right. (77 Del. Laws, c. 219, § 20; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 285, §§ 16, 17; 82 Del. Laws, c. 158, § 1.) § 4836 Penalties for wagering by excluded persons. (a) Any person whose name has been placed on the list of persons to be excluded from participating in any capacity in the play of any sports lottery game or Internet lottery game or excluded or ejected from a video lottery agent’s facility, except for persons whose name has been placed on the self-exclusion list, who thereafter knowingly participates in any capacity in the play of any sports lottery game or Internet lottery game or enters the premises of a video lottery facility, is guilty of a class A misdemeanor. (b) Any person whose name has been placed on the self-exclusion list, who thereafter knowingly enters a gaming area or engages in the Internet lottery, is guilty of a class A misdemeanor. (c) A video lottery agent shall have a duty to keep from its premises any person who is on the list of persons to be excluded from entering a video lottery facility and shall have a duty to keep from its gaming room any person who is on the self-exclusion list. The Director may revoke, limit, condition, or suspend the license of a video lottery agent, or impose a fine or other monetary penalty, if that video lottery agent knowingly fails to exclude or eject from its premises any person placed on the list of persons to be excluded or ejected, or knowingly fails to exclude or eject from its gaming room any person on the self-exclusion list. (d) A person who is prohibited from gaming activity by any order of the Director, or court of competent jurisdiction, or by any provision of this subchapter, including underage persons and any person on the exclusion or self-exclusion list, shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity. The Director shall provide by regulation for the procedures of handling the forfeiture of any winnings or the prohibition of recovering any losses by persons prohibited from gaming activity as set forth in this subsection. (e) In addition to any other penalty provided by law, any money or thing of value which has been obtained by any person prohibited from gaming activity in a video lottery facility shall be subject to an order of forfeiture by the Director, following notice to the prohibited person and an opportunity for the prohibited person to be heard as set forth by regulation. (f) The Director also shall establish regulations concerning the disposition of any forfeited funds received under this section. (77 Del. Laws, c. 219, § 20; 78 Del. Laws, c. 285, § 18; 82 Del. Laws, c. 158, § 1.) Page 171 Title 29 - State Government § 4837 Lottery Commission. (a) The Lottery Commission is created in the Department of Finance. The Lottery Commission shall be composed of 5 members who shall be citizens of the State, including at least 1 certified public accountant, 1 lawyer, 1 businessperson, 1 person with experience in law enforcement, and 1 public member, all of whom shall be appointed by the Governor and confirmed by the Senate, provided however, no member shall be a member of the Standardbred Owners Association, the Delaware Thoroughbred Horsemen’s Association, or an owner, employee or agent of a video lottery agent or sports lottery agent. The Governor shall name the Chairperson of the Commission from among its members and the Chairperson shall serve in that capacity at the Governor’s pleasure. Each of the members shall serve for a term of 5 years and until that member’s successor qualifies. No member shall serve for more than 1 full 5-year term. Not more than 3 members of the Commission shall be of the same political party. No member shall hold any elected or appointed office under the government of the United States or the State or be a candidate for such office. (b) A person appointed to fill a vacancy on the Lottery Commission holds office for the remainder of the unexpired term of the former member. Of the initial members, 1 must be appointed for a 1-year term, 1 must be appointed for a 2-year term, 1 must be appointed for a 3-year term, and 1 must be appointed for a 4-year term and the remainder must be appointed for a 5-year term. Thereafter, all members shall serve 5-year terms. (c) Prior to the nomination of a candidate to serve on the Lottery Commission, the Division of Gaming Enforcement shall review, in accordance with the standards of a key employee, the background, qualifications and suitability of each nominee and make an appropriate report to the Governor. The Governor may at any time, after notice and hearing, remove any Commission member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. (d) To serve on the Lottery Commission, a member may not be and may not ever have been an employee, officer, director, owner of securities of a video lottery agent or sports lottery agent, or owner of a licensed service company, nor a member of the immediate family of an employee, officer, director or owner of a video lottery agent or sports lottery agent; may not ever have had a material or financial interest in a video lottery agent, sports lottery agent, or a licensed service company; and may not ever have been engaged in any services on behalf of a video lottery agent, sports lottery agent, or a licensed service company related to the activities of the lottery. The provisions of Chapter 58 of Title 29 (State Employees’, Officers’ and Officials’ Code of Conduct) apply to all members of the Lottery Commission and to all agents appointed or otherwise employed by the Lottery Commission. No person convicted of a felony or crime involving moral turpitude shall be eligible for appointment nor appointed as a commissioner. (e) The Lottery Commission shall have powers, duties and responsibilities as specified in this title. Included among the powers, duties and responsibilities are those specified in this subsection. The Lottery Commission shall receive reasonable staff support in the performance of its duties from Department of Finance staff who do not report to the Office, and from a deputy attorney general assigned to the Commission. The Lottery Commission shall: (1) Provide the Secretary of Finance and Director with advice and guidance with respect to the development of policy in those areas where rule- and regulation-making authority is entrusted to the Director. (2) Provide guidance on new initiatives which may from time to time be proposed by the Director and recommend to the Director initiatives that the Commission believes would benefit the Lottery. (3) Conduct hearings relating to licensing disputes, exclusion list disputes, and other disputes as specified in this chapter or by rule and regulation. (4) As it deems necessary, subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the Commission finds appropriate to conduct investigations and hearings pursuant to this chapter. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then the Director may apply to the Superior Court of the county in which the Commission may be sitting and, thereupon, the Court shall issue its subpoena requiring the person to appear and testify or to produce the books, papers and documents before the Director. Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such. (5) Review and approve all regulations issued by the Director on or after July 1, 2010, pursuant to specific provisions of this title, before such regulations are implemented. (f) The members of the Board shall receive $250 for each day’s attendance at the meetings of the Commission, not to exceed 24 days’ attendance in any 1 calendar year; and they shall be reimbursed for their actual travel and other necessary expenses incurred in attending meetings and transacting the business of the Commission. (77 Del. Laws, c. 219, § 20; 78 Del. Laws, c. 285, §§ 19, 20.) § 4838 Delinquent child support. (a) The Director of the Division of Child Support Services, Department of Health and Social Services shall enter into a cooperative agreement with the Director and the operator of each video lottery or charitable gaming organization facility within this State whereby the Director of the Division of Child Support Services shall provide information regarding individuals with a qualified child support obligation for the purpose of satisfying such obligation in part or in whole with any qualified video lottery prizes won by such individuals. Page 172 Title 29 - State Government Prior to awarding any qualified video lottery prize, an operator of a video lottery facility shall determine if the winner of such prize owes a qualified child support obligation. In the event that a qualified child support obligation is owed, such prize shall be reduced by: (1) One hundred percent in the event that qualified video lottery prize is less than or equal to the qualified child support obligation; or (2) By the amount of the qualified child support obligation in the event that the qualified video lottery prize exceeds the qualified child support obligation. Any remaining amounts shall be awarded to the qualified video lottery prize winner. (b) The specific information and the manner and frequency with which it is made available or otherwise exchanged between the Division of Child Support Services, the Director and each operator of video lottery facility in this State shall be as determined by each cooperative agreement, but such cooperative agreement must specify: (1) That the Division of Child Support Services shall make available or otherwise provide or update information at least once each calendar month; (2) That the operator of a video lottery facility shall make use of automated data exchanges to the maximum extent feasible and will remit to the Division of Child Support Services those qualified video lottery prizes that offset qualified child support obligations as set forth in the written agreements; (3) The procedure by which the operator of a video lottery facility will remit to the Division of Child Support Services those qualified video lottery prizes that offset qualified child support obligations; (4) That the operator of the video lottery facility will provide the qualified prize winner written notice of the amount withheld from the qualified video lottery prize and instructions for contesting an intercept directly to the Division of Child Support Services; and (5) Any such other matters as the parties to such an agreement shall deem necessary to carry out the provisions of this section. (c) An operator of a video lottery facility shall not be liable under any state law to any person or government agency for: (1) Any disclosure of information to the Division of Child Support Services under this section; or (2) As provided in § 513(c)(4) of Title 13, with regard to any order of child support made payable to the Division, the Division’s records shall be presumptive of the payment or nonpayment of each installment payment; or (3) Any other action or omission taken in good faith to comply substantially with the requirements this section. (d) The Director shall promulgate such rules and regulations as is deemed necessary to carry out the provisions of this section. (78 Del. Laws, c. 245, § 1; 79 Del. Laws, c. 77, § 4; 80 Del. Laws, c. 234, § 23.) §§ 4839-4849 [Reserved.] Subchapter II Tri-State Lotto Compact § 4850 Short title. This compact shall be known and may be cited as the “Tri-State Lotto Compact.” (66 Del. Laws, c. 183, § 1; 69 Del. Laws, c. 446, § 17; 77 Del. Laws, c. 219, § 21.) § 4851 Compact. The State of Delaware is hereby authorized to enter into the following compact with the states of Vermont, Maine and New Hampshire subject to the terms and conditions stated in the Compact. (66 Del. Laws, c. 183, § 1; 69 Del. Laws, c. 446, § 17; 77 Del. Laws, c. 219, § 21.) § 4852 General provisions. (a) Statement of policy and purpose. — The State of Delaware enters this compact to implement the operation of Tri-State Lotto, for the purpose of raising additional revenue for each of the party states. Tri-State Lotto is not intended to replace any existing lottery game in the party states but, rather, to be run in addition to these games. Tri-State Lotto tickets will be sold in each area to be determined by the Commission. Fifty percent of the gross sales from each state will be aggregated in a common prize pool, and operating costs will be charged proportionally to the sales made by each of the party states. The remaining revenues generated within each state will remain in that particular state. (b) Definitions. — (1) “Commission” means the Tri-State Lotto Commission or its successor, created and established by this Compact; (2) “Concurrent legislation” means legislation enacted by one of the party states which is concurred in by the other party states in the form of enactments having like effect; (3) “Lotto” means a game of lotto as prescribed by the Commission; (4) “Party states” means the states of New Hampshire, Maine, Vermont, and Delaware; and (5) “Tri-State Lotto” means a combined lotto game for all member states, with common tickets, common advertising and a common prize pool. (66 Del. Laws, c. 183, § 1; 69 Del. Laws, c. 446, § 17; 77 Del. Laws, c. 219, § 21.) Page 173 Title 29 - State Government § 4853 Procedures and conditions governing the Tri-State Lottery. (a) Creation of the Tri-State Lotto Commission. — The party states, for the purpose of operating Tri-State Lotto, establish the TriState Lotto Commission. (b) Nature of the Commission. — The Commission shall be an interstate body, both corporate and politic, serving as a common agency of the party states and representing them both collectively and individually in the exercise of its powers and duties. (c) Organization of the Commission. — The Commission shall be composed of one member from each of the party states. Each party state Lottery Director, Sweepstakes Commission or State Lottery Commission shall appoint one of its members to serve the Tri-State Lotto Commission. Each member shall hold office at the pleasure of the appointing authority. The Commission shall elect a chairperson from among its members annually. (d) Functioning of the Commission. — (1) The Commission’s functions shall be performed and carried out by its members and by advisory committees or panels as the Commission may establish, and by officers, independent contractors, agents, employees and consultants as may be appointed by the Commission. All officers, independent contractors, agents, consultants and employees shall hold office at the pleasure of the Commission, unless the Commission otherwise decides, and the Commission shall prescribe their powers, duties and qualifications and fix their compensation and other terms of their employment. (2) No action of the Commission shall be effective or binding unless there is a unanimous decision by all of the representatives of the various party states. (3) The members of the Commission shall receive compensation for their services pursuant to this Compact and in accordance with the policies of the respective states, and they shall be reimbursed for the expenses they naturally and necessarily incur in the performance of their duties. (4) No member of the Commission who is otherwise a public officer or employee shall suffer a forfeiture of office or employment, or any loss or diminution in the rights and privileges pertaining to office or employment, by reason of membership on the Commission. (e) Powers and duties of the Commission. — (1) The Commission shall have the power and it shall be its duty to operate and administer Tri-State Lotto and to promulgate rules and regulations governing the establishment and operation of the lotto, including but not limited to the following topics: a. The design of the game; b. The price of the tickets; c. The number and size of the prizes on the winning tickets; d. The manner of selecting the winning tickets and paying the prizes; e. The frequency of the drawings; f. The type or types of locations at which tickets may be sold; g. The method to be used in selling tickets; h. The compensation required to be paid to Tri-State Lotto sales agents in order to assure adequate availability of tickets and public convenience in purchasing tickets; and i. The development of an internal security plan designed to prevent player fraud. (2) The Commission, or its designee, shall also have the power and it shall be its duty to license sales agents to sell Tri-State Lotto tickets, in accordance with subsection (g) of this section. The Commission may require a bond from any licensed agent, in an amount to be determined by the Commission. (3) The Commission shall make monthly and year-end reports to the state Lottery Director, Sweepstakes Commission or State Lottery Commission of the party states, which shall include a complete statement of Tri-State Lotto revenues, prize disbursements and other expenses, and any other information the party states may require. (4) All Tri-State Lotto accounts and transactions shall be subject to annual post-audits conducted by independent auditors retained by the Commission for this purpose. (5) In addition to the powers enumerated above, the Commission shall have the power to adopt a corporate seal and enter into contracts, including but not limited to contracts with other governments or agencies, to hire, lease, acquire and dispose of property to the extent necessary to carry out its functions, powers and duties as set forth in this section, and to expend or authorize expenditures of moneys for the purpose of operating Tri-State Lotto pursuant to this Compact. The party states each shall have the right to require an audit as a party state may from time to time consider proper. (6) The Commission shall also have additional powers, incidental to the express powers granted to it by this Compact, as may be necessary or proper for the effective performance of its functions. (f) Cooperation and assistance of other agencies. — To avoid duplication of effort and in the interest of economy, the Commission may make use of existing studies, plans, data and other materials in the possession of the governmental agencies of the party states and their respective political subdivisions. Each agency is authorized to make these materials available to the Commission and otherwise to assist it in the performance of its functions. The officers and personnel of these agencies, and of any other government or agency, may Page 174 Title 29 - State Government serve at the request of the Commission upon advisory committees and panels as the Commission creates; and the officers and personnel may serve upon the committees and panels without forfeiture of office or employment and with no loss or diminution in the status, rights and privileges which they otherwise enjoy. (g) Licensing of Tri-State Lotto sales agents. — (1) The Commission or its designee may license as agents to sell Tri-State Lotto tickets those persons as in its opinion will best serve the public convenience except that no license shall be issued to any person to engage in business exclusively as a sales agent. (2) For purposes of this section the term “person” shall be construed to mean and include an individual, partnership, association, organization, club, company, corporation, trust, estate, society, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. “Person” shall also be construed to mean and include agencies and instrumentalities of the State, and counties, cities, towns and villages. (3) Before issuing a license to any person, the Commission shall consider with respect to the person: a. Financial responsibility and the security of the business or activity in which the person is engaged; b. Accessibility of the place of business or activity to the public; c. Sufficiency of existing licenses to serve public convenience; d. Whether the place of business or activity is predominantly frequented by persons under the age of 18 years; e. Volumes of expected sales; and f. The possession of a valid party state lottery license. (h) Suspension and revocation of license. — (1) The Commission may suspend or revoke, after notice and hearing, any license issued pursuant to this Compact. The license may, however, be temporarily suspended by the Commission without prior notice, pending any prosecution, investigation or hearing. A license may be suspended or revoked by the Commission for just cause, including but not limited to 1 or more of the following reasons: a. Failure to account for tickets received or the proceeds of the sale of tickets or to file a bond if required by the Commission or to comply with instructions of the Commission concerning the licensed activity; b. Conviction of any criminal offense; c. Failure to file any return or report, to keep records, or to pay any tax; d. Engaging in fraud, deceit, misrepresentation or conduct prejudicial to public confidence; e. Insufficiency of the number of tickets sold by the sales agent; and f. A material change since issuance of the license with respect to any of the matters required to be considered by the Commission under paragraph (g)(3) of this section. (2) Any suspension or revocation of a state license to sell lottery tickets shall automatically result in suspension of the Tri-State Lotto license. (i) Inapplicability of conflicting statutes. — (1) Any law providing for any penalty or disability for the sale of lottery tickets or any acts done in conjunction with a lottery which conflicts with the provisions of the Compact shall not apply to the sale of tickets or acts performed pursuant to this Compact. (2) The provisions of this Compact shall apply and take precedence in the event of any conflict between the provisions contained in this Compact and the provisions of other laws of any of the party states. (j) Sale of tickets prohibited. — (1) No tickets shall be sold at a price greater than those fixed by the Commission; nor shall a sale be made to any person other than a licensed sales agent. Any person who violates any of these provisions shall be subject to the sanctions of each respective party state’s lottery statutes. (2) No ticket shall be sold to any person under the age of 18 years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age. Any licensee or the employee or agent of any licensee who sells or offers to sell a ticket to any person under the age of 18 shall be subject to the sanctions of each respective party state’s lottery statutes. (3) No ticket shall be sold to and no prize shall be paid to any of the following persons: a. Any member, officer or employee of the Commission; or b. Any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any of the foregoing persons. (k) Collection and disposition of revenue. — (1) All moneys received by any and all Tri-State Lotto sales agents from the sales of TriState Lotto tickets, less the amount, if any, retained pursuant to paragraphs (e)(1)g. and (e)(1)h. of this section shall be delivered weekly to the state Lottery Director, Sweepstakes Commission or State Lottery Commission of the party state in which sales were made. (2) Within 1 week after a Tri-State Lotto drawing has been held, the party states shall pay the Commission, who in turn shall promptly pay to an account known as the Tri-State Lotto Prize Account, moneys as are necessary for the payment of prizes, less actual prizes paid by the respective party state in the preceding week, but not to exceed 50 percent of the total amount for which tickets have been sold. Page 175 Title 29 - State Government (3) Interest earned by the Tri-State Lotto Prize Account shall accrue to the party states in direct proportion to their contribution to the account. Distribution shall be made at least semi-annually. (4) The withdrawals, pursuant to subsection (l) of this section, of moneys from the Tri-State Lotto Prize Account deposited by the Commission shall be subject to a check signed by a member of the Commission or such officer, employee or agent of the Commission as the Commission may designate. The moneys in the Prize Account shall be paid out of the account on vouchers certified or approved by the Commission or its designated officer, agent or employee. (5) The Commission shall receive from party states, within 1 week after a Tri-State Lotto drawing, an additional sum of moneys not to exceed 15 percent of the total amount for which tickets have been sold. The moneys shall be deposited in a bank, banking house or trust company selected by the Commission in an account to be named the Tri-State Lotto Operations Account. The operations account shall be used to pay Tri-State Lotto current operating costs which shall be charged proportionally to the sales made by each of the party states. If operating costs exceed or fall short of the amount obtained in the account, appropriate adjustments shall be made on a quarterly basis within 30 days at the end of each quarter. (6) Interest earned by the Tri-State Lotto Operations Account shall accrue to the party states in direct proportion to their contribution to the account. Distribution shall be made at least semi-annually. (l) Certification of prize winners and payment of prizes. — (1) All prizes over $5,000 shall be awarded to holders of winning tickets provided in this section. Within 1 week after any drawing selection of prize winning tickets, the Commission shall deliver to each of the party states a certified list of the tickets to which the prizes are awarded and amount of each prize. Upon delivery of the certified list and voucher of the Commission, moneys sufficient for the payment of the prizes may be withdrawn from the prize account established in paragraph (k)(2) of this section. The Commission shall each month provide each party state with a record of all withdrawals. Payment of prizes shall be made by the Commission, or its designee, to holders of the tickets to which prizes are awarded, except that a payment of any prize drawn may be paid to the estate of a deceased prize winner, and except that any person pursuant to an appropriate judicial order may be paid the prize to which the winner is entitled. The Commission, its officers, agents and employees shall be discharged of all further liability upon payment of a prize pursuant to this subsection. (2) If the person entitled to a prize on any winning ticket is under the age of 18 years, and the prize is less than $5,000, the Commission may make payment by delivery to an adult member of the minor’s family or a guardian of the minor of a check or draft payable to the order of the minor. If the person entitled to a prize of any winning ticket is under the age of 18 years and if the prize is $5,000 or more, the Commission may make payment to the minor by depositing the amount of the prize in any bank to the credit of an adult member of the minor’s family or a guardian of the minor as custodian for the minor. The Commission shall be discharged of all further liability upon payment of a prize to a minor pursuant to this subdivision. (3) Prizes may be paid in such manner as the Commission may direct in its rules and regulations as long as the rules and regulations are not inconsistent with this Compact. (m) Unclaimed prize money. — Unclaimed prize money for the prize on a winning ticket shall be retained by the Commission for payment of the person entitled for 1 year after the drawing in which the prize was won. If no claim is made for the prize within 1 year from the date of the drawing, the prize money shall be credited to the prize pool. Upon the expiration of 1 year from the drawing date, the ticket holder shall forfeit any claim or entitlement to the prize moneys. (n) Duration of Commission and Tri-State Lotto. — The Commission and Tri-State Lotto shall continue in existence until this Compact is revoked by all of the party states. The withdrawal of 1 party state shall not render the Compact invalid between the remaining states. (o) Interpretation. — This Compact shall be construed liberally to accomplish its purpose. (p) Amendments. — Amendments and supplements to this Compact may be adopted by concurrent legislation of the party states. (q) Immunity. — The Commission and the party states shall be immune from: (1) Any claim based upon an act or omission of an employee exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation is valid, or based upon the exercise or performance or failure to exercise or perform a discretionary function or duty on the party of the employee whether or not the discretion involved is abused; (2) Any claim arising in respect to the assessment or collection of any fee or commission or the levy upon or detention of any goods or merchandise by a law-enforcement officer; (3) Any claim for damages caused by the fiscal operations of the Commission; (4) Any claim arising out of alleged assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, fraud, interference with contractual rights or invasion of the right of privacy; or (5) Any other claim for which a remedy is provided or which is governed specifically by other statutory enactment. (r) Fiscal year. — The fiscal year of the Tri-State Lotto Commission shall be from July 1 of 1 calendar year to June 30 of the succeeding calendar year. (s) State tax exemption. — The prizes received pursuant to this Compact shall be exempt from all state, county, municipal and local taxes within the party states. (66 Del. Laws, c. 183, § 1; 69 Del. Laws, c. 446, § 17; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 219, § 21.) Page 176 Title 29 - State Government § 4854 Penalties. (a) No person shall sell a ticket or share in a ticket at a price greater than that fixed by the Commission. No person other than a lottery agent can sell lottery tickets. Nothing in this section shall be construed to prevent any individual purchaser from giving lottery tickets or shares to another as a gift. Any person convicted of violating this subchapter may be punished by imprisonment for 6 months and a fine of $1,000. (b) Any person who falsely or fraudulently makes, forges, alters or counterfeits, or causes or procures to be made, forged, altered or counterfeited, any Commission ticket or any part thereof, or any person who knowingly and wilfully utters, publishes, passes or tenders as true, any forged, altered or counterfeited Commission lottery tickets may be punished by imprisonment for 6 months and a fine of $5,000. (c) Any subsequent offense may be punished by imprisonment for 2 years and $20,000 fine for each offense. (66 Del. Laws, c. 183, § 1; 69 Del. Laws, c. 446, § 17; 77 Del. Laws, c. 219, § 21.) § 4855 Allocation of profits. The profits received by the State of Delaware through the sale of Tri-State Lotto tickets shall be deposited in the General Fund in accordance with § 4815 of this title. (66 Del. Laws, c. 183, § 1; 69 Del. Laws, c. 446, § 17; 77 Del. Laws, c. 219, § 21.) Subchapter III Interactive Fantasy Contests § 4860 Short title. This subchapter shall be known and may be cited as the “Delaware Interactive Fantasy Contests Act.” (81 Del. Laws, c. 105, § 1; 81 Del. Laws, c. 371, § 1; 82 Del. Laws, c. 69, § 1.) § 4861 Legislative findings and purpose. (a) The General Assembly hereby finds and declares that: (1) Interactive fantasy sports are not games of chance because they consist of fantasy sports games or contests in which the fantasy sports teams are selected based upon the skill and knowledge of the participants and not based on the current membership of an actual team that is a member of an amateur or professional sports organization; (2) Interactive fantasy sports contests are not wagers on future contingent events and are not under the contestants’ control or influence because contestants have control over which players they choose and the outcome of each contest is not dependent upon the performance of any 1 player or any 1 actual team. The outcome of any fantasy sports contest does not correspond to the outcome of any 1 sporting event. Instead, the outcome depends on how the performances of participants’ fantasy roster choices compare to the performance of others’ roster choices. (b) Based on the findings in subsection (a) of this section, the General Assembly declares that interactive fantasy sports do not constitute gambling in Delaware within the meaning of §§ 1401-1431 of Title 11. (c) The General Assembly further finds that as the Internet has become an integral part of society, and interactive fantasy sports a major form of entertainment for many consumers, any interactive fantasy sports enforcement and regulatory structure must begin from the bedrock premise that participation is lawful and licensed interactive fantasy sports industry is a privilege and not a right, and that regulatory oversight is intended to safeguard the integrity of the games and participants to ensure accountability and the public trust. Interactive fantasy sports should continue to be enjoyed broadly and offered by licensed interactive fantasy sports operators in the state and not exclusively by any single brick and mortar casino. (81 Del. Laws, c. 105, § 1; 81 Del. Laws, c. 425, § 20; 82 Del. Laws, c. 69, § 1.) § 4862 Definitions. As used in this subchapter the following terms shall have the following meanings: (1) “Authorized Delaware player” means an authorized player located in Delaware. (2) “Authorized player” means an individual, who is not prohibited by this subchapter, that participates in an interactive fantasy sports contest offered by a registrant. (3) “Director” means the Director of the Delaware Division of Gaming Enforcement. (4) “Division” means the Delaware Division of Gaming Enforcement. (5) “Entry fee” means cash or cash equivalent that is paid by an authorized player or an authorized Delaware player to a registrant to participate in an interactive fantasy sports contest offered by such registrant. (6) “Highly experienced player” means an authorized player who has done 1 of the following: a. Entered more than 1,000 contests offered by a single operator or registrant. b. Won more than 3 prizes valued at $1,000 each or more from a single operator or registrant. Page 177 Title 29 - State Government (7) “High school sport or athletic event” means a sport or athletic event offered or sponsored by or played in connection with a public or private institution that offers education services at the secondary level. (8) “Horse racing event” means any sport or athletic event conducted in Delaware that is subject to the provisions of Chapters 100 and 101 of Title 3, or any sport or athletic event conducted outside of Delaware, which if conducted in Delaware would be subject to the provisions of Chapters 100 and 101 of Title 3. (9) “Interactive fantasy sports contest” or “contest” meansan online simulated game of skill wherein 1 or more contestants compete against each other by using their knowledge and understanding of athletic events and athletes to select and manage rosters of players whose performance directly corresponds with the actual performance of competitors on sports teams and in sports contests. It does not include contests that are free to all participants or contests that encompass an entire season of the activity in which the underlying competition is being conducted, consists of at least 150 underlying competitions, and the prize or prizes awarded, if any, are determined by agreement of the participants only in order to distribute fully the participants’ contributions to a fund established to award a prize or prizes for the contest. (10) “Interactive fantasy sports operator” or “operator” means any person or entity that offers any interactive fantasy sports contest to any player through any interactive fantasy sports platform. (11) “Interactive fantasy sports platform” or “platform” means any online method by which access to an interactive fantasy sports contest is provided. (12) “Interactive fantasy sports registrant” or “registrant” means an operator that is registered by the Director. A registrant may utilize multiple interactive fantasy sports platforms and offer multiple contests. (13) “Minor” means any person under the age of 18 years. (14) “Prohibited sports event” means any collegiate sporting event that involves a Delaware college or university, or any high school sport or athletic event, or any horse racing event. (15) “Resident percentage” means, for each interactive fantasy sports contest, the percentage, rounded to the nearest tenth of a percent, of the entry fees collected from authorized Delaware players, divided by the entry fees collected from all authorized players in interactive fantasy sports contests. (16) “Sports event” shall mean any amateur or professional sport or athletic event, except a prohibited sports event. (17) “Ultimate equitable owner” shall mean a person who owns or controls any ownership interest of 10% or more in a person or entity either directly or indirectly, regardless of whether the person or entity owns or controls the ownership interest through 1 or more other persons or proxies, powers of attorney, or other variances. (81 Del. Laws, c. 105, § 1; 81 Del. Laws, c. 371, § 1; 82 Del. Laws, c. 69, § 1.) § 4863 Registration. (a) (1) No operator shall administer, manage, or otherwise make available an interactive fantasy sports platform to persons located in Delaware unless registered with the Director pursuant to § 4864 of this title. A registrant may use multiple interactive fantasy sports platforms and offer multiples types of contests. This subchapter, and any and all rules and regulations adopted under the authority of this subchapter, shall apply only to interactive fantasy sports contests for which an authorized player pays an entry fee. (2) [Repealed.] (b) Registration issued by the Director shall remain in effect for 3 years. The Director shall establish a process for renewal. (c) The Director shall publish a list of all operators registered in Delaware pursuant to this subchapter on a state website for public use. (d) Interactive fantasy sports contests offered by a registrant in accordance with the provisions of this subchapter shall not constitute gambling as defined in §§ 1401-1431 of Title 11. (e) The Director shall promulgate regulations to implement the provisions of this subchapter, including the development of the initial form of the application for registration. Such regulations shall provide for the registration and operation of contests in Delaware and shall include responsible protections with regard to compulsive play and safeguards for fair play. (f) Registration as an Interactive Fantasy Sports Operator only grants the registrant the privilege to operate interactive fantasy sports contests in the State in accordance with the rules and limitations of this chapter. (81 Del. Laws, c. 105, § 1; 82 Del. Laws, c. 69, § 1.) § 4864 Scope of registration review. (a) The Director shall prescribe the initial form of the application for registration which shall include the following requirements: (1) The full name and principal address of the operator (2) If a corporation, the name of the state in which incorporated and the full names and addresses of any partner, officer, director, shareholders holding 10% or more equity, and ultimate equitable owners. (3) If a business entity other than a corporation, the full names and addresses of the principals, partners, members, and other types of equity holders holding 5% or more equity, and ultimate equitable owners. Page 178 Title 29 - State Government (4) Whether such corporation or entity files information and reports with the United States Securities and Exchange Commission as required by § 13 of the Securities Exchange Act of 1934 (15 U.S.C. § 78m); or whether the securities of the corporation or entity are regularly traded on an established securities market in the United States. (5) The type and estimated number of contests to be conducted annually. (6) A statement of the assets and liabilities of the operator. (7) Criminal record. — a. Information regarding the criminal record, if any, of the following individuals, if those individuals are involved in the day-to-day management of interactive fantasy sports contests or operations, and as applicable to the entity’s business structure: 1. Each partner of a partnership holding 10% or more of the partnership; 2. Each member of a limited liability company holding 10% or more of the LLC; 3. Each director and officer of a nonpublicly held corporation; 4. Each director and officer of a publicly held corporation; 5. Each stockholder holding 10% or more of a corporation; and 6. Ultimate equitable owners. b. Individuals identified in paragraph (a)(7)a. of this section shall have a duty to disclose on the application for registration whether they have been convicted of a crime, other than traffic violations and convictions that have been expunged, and provide the nature of the crime, the date and place of the conviction, and the legal disposition of the case. c. Fingerprinting procedure required. — 1. Individuals identified in paragraph (a)(7)a. of this section shall be required to submit fingerprints and other necessary information in order to obtain the following: A. A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that individual; and B. A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The State Bureau of Identification shall be the intermediary for the purposes of this section and the Division shall be the screening point for the receipt of said federal criminal history records. 2. All information obtained pursuant to this subsection shall be forwarded to the Division, which shall access the information and make a determination to approve or deny an application for registration. A copy of all information forwarded to the Division shall be provided to the individual. The individual shall have an opportunity to respond in writing to the Division regarding any information obtained pursuant to paragraph (a)(7)a. of this section prior to a determination of suitability for registration. Information obtained under this subsection is confidential and may only be disclosed to the Director and designated personnel of the Division. The State Bureau of Identification may release any subsequent criminal history to the Division. 3. An individual whose criminal record is required pursuant to paragraph (a)(7)a. of this section who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check if the individual submits: A. The results of such previous criminal background check, including any previous federal criminal background check; and B. A reference from the individual’s most recent employer, if any, covering the previous 12 months. 4. Individuals identified in paragraph (a)(7)a. of this section of those operators who received a conditional registration or registration to administer, manage or otherwise make available an interactive fantasy sports platform to offer interactive fantasy sports contests to persons located in Delaware on or before August 25, 2017, shall submit by January 1, 2019, at the registrant’s expense, fingerprints and other necessary information in order to obtain a criminal background pursuant to this paragraph (a)(7). (b) The Director may require the full names and addresses of the officers and directors of any creditor of the operator, and of those stockholders, members, partners, or other equity holders who hold more than 10% of the stock, interests, or equity of the creditor. (c) The Director may impose a monetary penalty, not to exceed $1,000 per violation, deny any application for registration, or suspend, refuse to renew, or revoke any existing registration issued pursuant to this subchapter, upon the finding that the operator or registrant, or any individual identified in paragraph (a)(7)a. of this section has done any of the following: (1) Knowingly made a false statement of material fact or has deliberately failed to disclose any information required by the Director. (2) Had a registration or license to offer or conduct contests denied, suspended, or revoked in any other state or country for just cause. (3) Legally defaulted in the payment of any obligation or debt due to the federal government, or any state or political subdivision. (4) Within 10 years of the date of the application for registration, has been: a. Found guilty of any illegal, corrupt, or fraudulent act, practice, or conduct in connection with any interactive fantasy sport contest in this or any other state; or b. Convicted of a felony, or any criminal offense involving dishonesty or breach of trust; (5) At any time, knowingly failed to comply with any requirement of this chapter, any regulations promulgated by the Director, or any other additional requirements of the Director. Page 179 Title 29 - State Government (d) The Director may revoke a registration if the Director finds that facts not known at the time the Director considered the application that if know, would have justified the denial of the application. (e) When the Director denies, revokes or fails to renew an application, the operator shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the Director. (f) All information and data required by the Director to be furnished in the application or investigative process, or which otherwise may be obtained by the Division, pertaining to an applicant’s criminal record, financial record, and background, including an application form and registration investigation report, shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the Attorney General, to a duly authorized law-enforcement agency. The Director may enter agreements with other law-enforcement agencies or other interactive fantasy sports contest regulatory agencies for the sharing of confidential information. Any person who violates this subsection (f) shall be guilty of a class A misdemeanor. (g) All information and data required by the Director to be furnished, or which otherwise may be obtained by the Division, relative to internal controls of an operator or registrant shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the Attorney General, to a duly authorized law-enforcement agency. Any person who violates this subsection (g) shall be guilty of a class A misdemeanor. (h) The Director may issue a temporary registration for good cause and upon a finding that the issuance of a temporary registration is necessary to allow for the efficient operation of daily interactive fantasy sports. Temporary registration shall remain in effect for no more than 12 months from the date of issuance. (81 Del. Laws, c. 105, § 1; 81 Del. Laws, c. 371, § 1; 82 Del. Laws, c. 69, § 1.) § 4865 Required safeguards; minimum standards. (a) As a condition of registration, each operator and registrant shall implement commercially reasonable measures to: (1) Limit each authorized player to 1 active and continuously used account. (2) Prohibit minors from participating in any contest, which includes: a. If a registrant becomes or is made aware that a minor has participated in 1 of its contests, such registrant shall promptly, within no more than 2 business days, refund any deposit received from the minor, whether or not the minor has engaged in or attempted to engage in a contest; provided, however, that any refund may be offset by any prizes already awarded; b. Each registrant shall publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any contest or platform; and c. Each registrant shall take appropriate steps to confirm that an individual opening an account is not a minor. (3) When referencing the chances or likelihood of winning in advertisements or upon contest entry, make clear and conspicuous statements that are not inaccurate or misleading concerning the chances of winning and the number of winners. (4) Enable authorized players to exclude themselves from contests and take reasonable steps to prevent such players from entering a contest from which they have excluded themselves. (5) Permit any authorized player to permanently close an account registered to such player, on any or all platforms supported by such operator or registrant, at any time and for any reason. (6) Offer introductory procedures for authorized players that explain contest play and how to identify a highly experienced player. (7) Identify all highly experienced players in any contest by a symbol attached to such players’ usernames, or by other easily visible means, on all platforms supported by such operator or registrant. (8) Disclose the number of entries that a single authorized player may submit to each contest. (9) Disclose the maximum number of total entries allowed for each contest. (10) Implement measures to protect the privacy and online security of authorized players and their accounts. (11) Offer all authorized players information regarding his or her account history and account details; (12) Ensure authorized players’ funds are protected upon deposit and segregated from the operating funds of such operator or registrant and otherwise protected from corporate insolvency, financial risk, or criminal or civil actions against such operator or registrant. (13) List on each website, in a prominent place, information concerning assistance for compulsive play, including a toll-free number directing callers to reputable resources containing further information, which shall be free of charge. (14) Ensure the value of any prizes and awards offered to authorized players shall be established and made known to such players in advance of the contest. (15) Ensure all winning outcomes reflect the relative knowledge and skill of the authorized players and shall be determined predominantly by accumulated statistical results of the performances of individuals in sports events. (16) Ensure no winning outcome shall be based on the score, point spread, or performance of a single actual sports team, or any combination of such teams. Page 180 Title 29 - State Government (17) Ensure no winning outcome shall be based solely on any single performance of an individual athlete in a single sport or athletic event. (18) Ensure no game or contest shall be based on a prohibited sports event. (19) Prevent the sharing of confidential information that could affect interactive fantasy sports contest play with third parties until such information is made publicly available. (20) Prohibit employees of the registrant and any family members living in the same household as those employees from competing in a public interactive sports contest. (21) Prohibit individuals who participate or officiate in a sports event that is the subject of a fantasy contest from entering an interactive fantasy sports contest that is determined, in whole or in part, on the accumulated statistical results of the sports event in which the individual is participating or officiating. (b) Each registrant shall restrict the number of entries submitted to 1 entry by a single authorized player for a contest involving 12 entries or fewer. Each registrant shall restrict the number of entries submitted by a single authorized player to 2 entries for a contest involving 13-36 entries. Each registrant shall restrict the number of entries submitted by a single authorized player to 3 entries for a contest involving 37-100 entries. In any contest involving more than 100 entries, registrants shall restrict the number of entries submitted by a single authorized player to 3% of all entries or 150 entries, whichever is smaller. (c) For all advertised contests, the registrant shall prominently include information about the maximum number of entries that may be submitted by a single authorized player for that contest. (d) Registrants may establish contests, representing less than 2% of the total number of contests it offers, in which there is no restriction on the number of entries by a single authorized player, provided that: (1) The registrant clearly discloses that there are no limits on the number of entries by a single authorized player; and (2) That the cost of participating in a contest with no restriction on the number of entries by a single authorized player is $50 or more per entry. (e) Operators shall not directly or indirectly operate, promote or advertise any platform or contest to persons located in this State, unless such operation, promotion or advertising is pursuant to this subchapter. (f) Registrants shall not offer any contest based on any prohibited sports event. (g) Registrants shall not permit any minor to enter any contest. (h) Advertisements for contests and prizes offered by a registrant shall not target minors, or self-excluded persons. Representations or implications about average winnings from contests shall not be unfair or misleading. Such representations shall include, at a minimum: (1) The median and mean net winnings of all authorized players participating in contests offered by such registrant; and (2) The percentage of winnings awarded by the registrant to highly experienced players participating in contests offered by such registrant within the preceding calendar year. (i) Registrants shall prohibit the use of third-party scripts or scripting programs for any contest and ensure that measures are in place to deter, detect and, to the extent reasonably possible, prevent cheating, including collusion, and use of cheating devices, including use of third party software programs that submit entry fees or adjust the athletes selected by an authorized player. (j) Operators and registrants shall develop and prominently display procedures for the filing of a complaint by the authorized player against such registrant. An initial response shall be given by such registrant to such player filing the complaint within 48 hours. A complete response shall be given by such registrant to such player filing the complaint within 10 business days. An authorized player may file a complaint alleging a violation of the provisions of this subchapter with the Director. (k) Registrants shall maintain records of all accounts belonging to authorized players and retain such records for 5 years. (81 Del. Laws, c. 105, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 371, § 1; 82 Del. Laws, c. 69, § 1.) § 4866 Powers and duties of the Director. (a) The Director shall promulgate regulations to implement the provisions of and effectuate the policy and objectives of this subchapter as the Director may deem necessary or advisable, including the development of the initial form of the application for registration. Such regulations shall provide for the registration and operation of contests in Delaware and shall include, without limitation, responsible protections with regard to compulsive play and safeguards for fair play. Such regulations may regulate the conduct and operation of contests and platforms, protect contestants and promote the fairness, honesty and integrity of contests. Provided, however, the Director shall not promulgate resolutions or limitations addressing any of the following: (1) Rules or the administration of an individual game or contest. (2) The statistical makeup of a game or contest. (3) The digital platform of a platform operator. (b) The Director shall have the following powers and duties for purposes of administrating, regulating, and enforcing the provisions of this subchapter: (1) All powers and duties assigned by this subchapter, as well as all powers necessary and properly to fully and effectively execute this subchapter. Page 181 Title 29 - State Government (2) To approve and deny applications for registration to conduct contests in Delaware state, and to suspend, refuse to renew, or revoke any registration issued to a registrant under this subchapter. (3) To review each platform and contest offered by an operator or registrant. (4) To accept and investigate complaints of any kind from an authorized player and attempt to mediate such complaints where appropriate. (5) To investigate alleged violations of this subchapter. (6) To initiate proper enforcement proceedings where such action is deemed by the Director to be necessary or appropriate. (7) All powers and duties assigned by this subchapter. (81 Del. Laws, c. 105, § 1; 82 Del. Laws, c. 69, § 1.) § 4867 Annual report. (a) Each registrant shall annually submit a report to the Director no later than June 30 of each year, which shall include all of the following information as it shall apply to accounts held by authorized players located in Delaware: (1) The number of accounts held by authorized players on all platforms offered by the registrant, and the number of accounts held by highly experienced players on all platforms offered by the registrant. (2) The total number of new accounts established in the preceding year, as well as the total number of accounts permanently closed in the preceding year. (3) The total number of entry fees received from authorized players. (4) The total number of prizes awarded to authorized players. (5) The total amount of interactive fantasy sports revenue received by the registrant. (6) The total amount of authorized players that requested to exclude themselves from contests. (7) Any additional information that the Director deems necessary to carry out the provisions of this subchapter. (b) Upon the submission of such annual report, to such extent that the Director deems it to be in the public interest, the Director shall be authorized to conduct a financial audit of any registrant, at any time, to ensure compliance with this subchapter. (c) The Director shall annually publish a report based on the aggregate information provided by all registrants pursuant to subsection (a) of this section, which shall be published on a state website no later than 180 days after the deadline for the submission of individual reports as specified in subsection (a) of this section. (81 Del. Laws, c. 105, § 1; 82 Del. Laws, c. 69, § 1.) § 4868 Fees. [Transferred to § 2301(d)(3) of Title 30 by 81 Del. Laws, c. 371, § 1, effective August 10, 2018.] (81 Del. Laws, c. 105, § 1.) § 4869 Disposition of fees. [Transferred to § 2301(d)(3) of Title 30 by 81 Del. Laws, c. 371, § 1, effective August 10, 2018.] (81 Del. Laws, c. 105, § 1.) § 4870 Determination of fee liability [Repealed]. (81 Del. Laws, c. 105, § 1; repealed by 81 Del. Laws, c. 371, § 1, effective Aug. 10, 2018.) § 4871 Contests authorized. Interactive fantasy sports contests registered and conducted pursuant to the provisions of this subchapter are hereby authorized. (81 Del. Laws, c. 105, § 1; 82 Del. Laws, c. 69, § 1.) § 4872 Contests prohibited. The conduct of unregistered interactive fantasy sports contests is prohibited. (81 Del. Laws, c. 105, § 1; 82 Del. Laws, c. 69, § 1.) § 4873 Unregistered practice. (a) Where the Director has determined, upon notice and hearing pursuant to Chapter 101 of this title, that an operator has administered, managed or otherwise made available an interactive fantasy sports platform to persons located in Delaware regulated by this subchapter without having lawfully registered or that an operator or registrant previously registered under this subchapter is engaged in a practice regulated by this subchapter notwithstanding that the operator’s registration has been suspended or revoked, the Director may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Director may seek a injunctive relief prohibiting such unlawful practice and seek the imposition of other civil penalties defined by this subchapter. Page 182 Title 29 - State Government (b) Upon notice and hearing pursuant to Chapter 101 of this title, the Director may fine any operator or registrant who violates such cease and desist order not less than $1,000 or more than $5,000 for each offense. Each day a violation continues may be deemed a separate offense in the Director’s discretion. (81 Del. Laws, c. 371, § 1; 82 Del. Laws, c. 69, § 1.) (82 Del. Laws, c. 69, § 1.) Page 183 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 49 Office of Highway Safety § 4901 Office of Highway Safety established. There is established the Office of Highway Safety, which Office shall be under the direction and supervision of the Department of Safety and Homeland Security pursuant to Chapter 82 of this title. (60 Del. Laws, c. 631, § 1; 76 Del. Laws, c. 391, § 2.) § 4902 Coordinator; personnel; merit system. (a) The Office of Highway Safety shall be administered by a Coordinator. The Office shall employ such personnel as required to meet the federal guidelines for a state agency responsible for highway safety in accordance with the Highway Safety Act of 1966, as amended [23 U.S.C. § 401 et seq.]. (b) All employees of the Federal-State Highway Safety Coordinator’s Office, heretofore established pursuant to executive order, including the Coordinator and Deputy Coordinator, shall be transferred to the Office of Highway Safety, and shall be deemed to be employees of such Office and employees of the State in classified service with all the benefits accrued as merit employees as of July 22, 1976. (60 Del. Laws, c. 631, § 1; 68 Del. Laws, c. 84, § 157.) § 4903 Powers, duties and functions. The Office of Highway Safety shall have all the powers, duties and functions heretofore vested in the Federal-State Highway Safety Coordinator’s Office established by executive order and such other powers, duties and functions conferred and mandated by the Highway Safety Act of 1966, as amended [23 U.S.C. § 401 et seq.]. (60 Del. Laws, c. 631, § 1.) § 4904 Federal merit system standards. Notwithstanding any other provisions of this chapter, the Office is authorized and directed to take such action with respect to matters involving personnel as may be necessary to insure the continued eligibility of this State for grants-in-aid under any federal law or program. (60 Del. Laws, c. 631, § 1.) Page 184 Title 29 - State Government Part IV State Agencies and Offices Not Created by Constitution Chapter 50 State Economic Development Subchapter I General Provisions § 5001 Legislative findings [Transferred]. Transferred to § 8701A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5002 Definitions [Transferred]. Transferred to § 8702A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5003 Delaware Economic Development Office — Created; purposes [Transferred]. Transferred to § 8703A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5004 Delaware Economic Development Office — Appointment, qualifications and compensation of Director; Acting Director [Transferred]. Transferred to § 8704A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5005 Delaware Economic Development Office — Powers, duties, and functions of Director [Transferred]. Transferred to § 8705A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5006 Delaware Economic Development Office — Powers and duties [Transferred]. Transferred to § 8706A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5007 Council on Development Finance [Transferred]. Transferred to § 8707A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5008 Tourism Advisory Board [Transferred]. Transferred to § 8708A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5009 Delaware Economic Development Office — Staff [Transferred]. Transferred to § 8709A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5010 Delaware Economic Development Office — Collection and distribution of information; sale of publications [Transferred]. Transferred to § 8710A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5011 Delaware Economic Development Office — Preparation of annual capital budget [Transferred]. Transferred. § 5012 Assistance for tourism and business promotion [Transferred]. Transferred to § 8712A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5013 Assumption of powers of Office [Transferred]. Transferred to § 8713A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5014 Rights of appeals continued [Transferred]. Transferred to § 8714A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5015 Transition provisions [Transferred]. Transferred to § 8715A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5016 Reports [Transferred]. Transferred to § 8716A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5017 Misnomer of Office in donation [Transferred]. Transferred to § 8717A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Page 185 Title 29 - State Government § 5018 Budget [Transferred]. Transferred to § 8718A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5019 Supremacy [Transferred]. Transferred to § 8719A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter I-A Delaware State Housing Authority [Repealed]. §§ 5020-5026 Findings and purpose; definitions; transfer and establishment; powers and duties; housing director; division of housing; council on housing; transition provisions [Repealed]. Repealed by 71 Del. Laws, c. 357, § 3, effective July 2, 1998. Subchapter I-B Delaware Strategic Fund § 5027 Findings and purpose; creation of the Fund [Transferred]. Transferred to § 8727A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5028 Fund purposes [Transferred]. Transferred to § 8728A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5029 Findings and determinations for assistance [Transferred]. Transferred to § 8729A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter II Business Development Corridor and Economic Support Program §§ 5030-5032 Legislative intent; qualifying businesses; evaluation preferences; development corridor; and the Business Development Corridor and Economic Support Program [Repealed]. Repealed by 75 Del. Laws, c. 98, § 47, effective July 1, 2005. Subchapter II-A Delaware Technical Innovation Program § 5035 Creation; definitions [Transferred]. Transferred to § 8735A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5036 Duties [Transferred]. Transferred to § 8736A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5037 Matching funds for federal Small Business Innovation Research Program [Transferred]. Transferred to § 8737A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5038 Reporting [Transferred]. Transferred to § 8738A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter II-B Human Investment and Partnership Program § 5039 Declaration of policy [Transferred]. Transferred to § 8739A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5040 Establishment of the Human Investment and Partnership Program [Transferred]. Transferred to § 8740A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5041 Responsibilities and functions of the Human Investment and Partnership Program [Transferred]. Transferred to § 8741A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5042 Human Investment and Partnership Council [Repealed]. Repealed by 77 Del. Laws, c. 106, § 6, effective July 6, 2009. Page 186 Title 29 - State Government § 5043 Reporting to the Governor and the General Assembly [Transferred]. Transferred to § 8743A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter III Advanced Real Property Acquisition Fund §§ 5044, 5045 Idle moneys to be held in Capital Investment Fund; authorization for sale of school district bonds [Transferred]. Transferred. Subchapter III-A The Small Business Revolving Loan and Credit Enhancement Fund § 5046 Legislative intent [Transferred]. Transferred to § 8746A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5047 Creation of the Fund [Transferred]. Transferred to § 8747A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5048 Fund purposes [Transferred]. Transferred to § 8748A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5049 Fund eligibility [Transferred]. Transferred to § 8749A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter IV Delaware Economic Development Authority § 5051 Findings; declaration of policy [Transferred]. Transferred to § 8751A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5052 Definitions [Transferred]. Transferred to § 8752A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5053 Established; organization [Transferred]. Transferred to § 8753A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5054 Deauthorization of state-guaranteed bonds [Transferred]. Transferred to § 8754A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5055 Application for assistance; findings and determinations [Transferred]. Transferred to § 8755A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5056 Bonds [Transferred]. Transferred to § 8756A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5057 Covenants with bondholders [Transferred]. Transferred to § 8757A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5058 Pledge of revenues or other property [Transferred]. Transferred to § 8758A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5059 Limitation on liability of State [Transferred]. Transferred to § 8759A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5060 Negotiability of bonds [Transferred]. Transferred to § 8760A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5061 Default in payment of state-guaranteed bonds; insufficient revenues to make payment [Transferred]. Transferred to § 8761A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5062 Limitation of powers of State [Transferred]. Transferred to § 8762A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Page 187 Title 29 - State Government § 5063 Delaware Development Corporation [Repealed]. (63 Del. Laws, c. 387, § 13(a); 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 229, § 3, eff. Apr. 19, 2012.) § 5064 Bonds as legal investments for institutions and fiduciaries [Transferred]. Transferred to § 8764A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5065 Exemption from taxation [Transferred]. Transferred to § 8765A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5066 Property of Authority exempt from judicial process [Transferred]. Transferred to § 8766A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5067 Liberal construction of subchapter [Transferred]. Transferred to § 8767A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5068 Inconsistent laws inapplicable; facsimile signatures [Transferred]. Transferred to § 8768A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter V Delaware Economic Development Training Act § 5070 Definitions [Transferred]. Transferred to § 8770A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5071 Economic Development Training Board [Repealed]. Repealed by 71 Del. Laws, c. 163, § 1, effective July 9, 1997. § 5072 Powers and duties [Transferred]. Transferred to § 8772A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5073 Annual report [Transferred]. Transferred to § 8773A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter V-A Development Incentive Fund §§ 5074-5079 Legislative intent; creation of Fund; Fund purposes; Fund eligibility; findings and determinations for assistance; report to General Assembly [Repealed]. Repealed by 69 Del. Laws, c. 77, § 23(e), effective July 1, 1993. Subchapter VI First State Improvement Fund [Repealed]. § 5080 Created; appropriation [Repealed]. (65 Del. Laws, c. 197, § 1; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) § 5081 Purposes [Repealed]. (65 Del. Laws, c. 197, § 1; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) § 5082 Investment, accounting and disbursement; use of Capital Improvement Fund [Repealed]. (65 Del. Laws, c. 197, § 1; 65 Del. Laws, c. 212, § 19; 66 Del. Laws, c. 206, § 11; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) § 5083 Expenditures [Repealed]. (65 Del. Laws, c. 197, § 1; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) § 5084 Funding of bicentennial community improvement projects; Bicentennial Community Improvement Committee [Repealed]. (65 Del. Laws, c. 197, § 1; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 16(5); repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) Page 188 Title 29 - State Government § 5085 Emergency and special expenditures [Repealed]. (65 Del. Laws, c. 197, § 1; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) § 5086 Termination [Repealed]. (65 Del. Laws, c. 197, § 1; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) § 5087 Liberal construction of subchapter [Repealed]. (65 Del. Laws, c. 197, § 1; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) § 5088 Inconsistent laws superseded [Repealed]. (65 Del. Laws, c. 197, § 1; repealed by 81 Del. Laws, c. 49, § 1, eff. July 1, 2017.) Subchapter VII Allocation of State Private Activity Bond Ceiling to Governmental Units, Establishment of Industrial Revenue Bond Committee and Reporting Requirements § 5090 Definitions [Transferred]. Transferred to § 8790A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5091 Allocation of state ceiling [Transferred]. Transferred to § 8791A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5092 Industrial Revenue Bond Committee [Transferred]. Transferred to § 8792A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5093 Reports to Secretary of Finance [Transferred]. Transferred to § 8793A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Subchapter VIII Delaware Investment Tax Credit Program § 5095 Legislative findings; authorization [Transferred]. Transferred to § 8795A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5096 Eligibility for tax credits [Transferred]. Transferred to § 8796A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5097 Qualification of businesses seeking investment under Program [Transferred]. Transferred to § 8797A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5098 Certification of individuals for tax credits [Transferred]. Transferred to § 8798A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. § 5099 Revocation of qualification or certification [Transferred]. Transferred to § 8799A of this title by 81 Del. Laws, c. 49, § 1, effective July 1, 2017, by virtue of § 23 of the act. Page 189 Title 29 - State Government Part V Public Officers and Employees Chapter 51 General Provisions § 5101 Oath of office; fee. Every person elected or appointed to any public office of trust or profit in this State, before entering upon the duties of such office, shall take and subscribe the oaths or affirmations set forth in article XIV of the Delaware Constitution. Such oaths, reduced to writing, duly signed and certified, shall be recorded in the office of the recorder of the county of the official’s residence. No fee shall be required by the recorder of any person appointed by the Governor to serve as a volunteer member of an advisory council. (Code 1852, §§ 435, 440; Code 1915, § 377; Code 1935, § 346; 29 Del. C. 1953, § 5101; 61 Del. Laws, c. 387, § 2.) § 5102 Oath to support Constitution. Every officer and employee of the State or any political subdivision thereof shall take an oath to support and defend the Constitution of the United States and the Constitution of the State before commencing duties as such officer or employee. (48 Del. Laws, c. 264, § 1; 29 Del. C. 1953, § 5102; 70 Del. Laws, c. 186, § 1.) § 5103 Payment of debts as condition of employment. No agency of the State shall employ or retain upon its payroll any person who refuses or neglects to make an effort to pay, by making regular partial payments on any unsecured debt, duly contracted for by such person while in the employ of the State. Whoever refuses or neglects to comply with or violates this section shall thereafter be disqualified for membership or employment on any such agency. (40 Del. Laws, c. 79, §§ 1, 2; Code 1935, § 444; 29 Del. C. 1953, § 5103.) § 5104 Saturday as holiday. Saturday shall be a legal holiday throughout each year for all elective and appointive officials, deputies, clerks and other employees of the State, except members of the State Police, employees of the Department of Safety and employees assigned to rotating and shift work. Saturday shall be a holiday for employees of the Department of Safety throughout the year excepting the last 2 Saturdays of each quarter. During the periods stated, state offices affected hereby shall not be open for business on Saturdays. (Code 1935, § 3321; 47 Del. Laws, c. 247; 48 Del. Laws, c. 197; 48 Del. Laws, c. 297, §§ 1, 2; 29 Del. C. 1953, § 5104.) § 5105 Leave of absence for military service; pension rights; term of successor appointees. (a) In the case of any employee of this State who is called to the service of or voluntarily enters the armed forces of the United States or the National Guard of the State, when in continuous active service, the state agency, board, department or other employing officer or agency of this State employing such employee shall grant to such employee a leave of absence which shall cover the entire period of such employee’s service, not exceeding 5 years or until the term of service to which such employee has been called or volunteered has been terminated. Upon the completion of such leave of absence and service, such employee shall be reinstated in the position held at the time that such leave of absence was granted, and such employee shall be continued in employment under the same terms and conditions as if such employee had been in the continuous service of such employing agency during the period of the leave of absence. (b) Any employee of the State taking a leave of absence authorized by subsection (a) of this section who, as a member of the Delaware National Guard or a United States military reserve organization, has been ordered to active duty to augment active forces for any operational mission, shall continue to receive that employee’s own state compensation during the initial period of active duty prescribed by the military, to be reduced by any military compensation received. While on such leave of absence, for a period not to exceed 2 years, the employee and the employee’s dependents shall continue to receive benefits provided under the State’s group health insurance plan, provided that the employee continues to pay any employee-share premium for such plan. The Department of Human Resources shall develop any rules and regulations necessary to implement the provisions of this subsection. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The State shall be responsible for collecting information relating to State compensation. Claims shall be filed within 90 days of release from active duty or passage of this legislation, whichever is later. (c) For the purpose of subsection (b) of this section state compensation shall be limited to base salary. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation. (d) In the event that any state employee who shall have entered the armed services under a leave authorized by subsection (a) of this section shall have been employed in any agency of the state government having a pension plan for employees or which shall come under any pension plan enacted or to be enacted by the General Assembly of the State, the time spent by such employee in the armed services shall accrue to such employee’s benefit in establishing such employee’s right to a pension. If during the time any such employee shall Page 190 Title 29 - State Government be in the armed services the total time spent actually as an employee plus the time spent in the armed services shall equal that period of time necessary to establish the right to retirement and to a pension, such employee shall upon application to the proper agency having jurisdiction be entitled to retirement and the pension prescribed by the rules of that agency in the same manner and with the same effect as if such employee had spent all of the required time in the actual employment of that agency. (e) This section shall be retroactive to protect the rights of any employee who shall have qualified as provided in this section prior to April 24, 1945, and such employee shall be entitled to all such pension money as shall have accrued since the time of having so qualified. Any person who may be appointed to replace any employee referred to in subsections (a)-(e) of this section shall be appointed only for the period covered by the leave of absence granted pursuant to subsection (a) of this section. (43 Del. Laws, c. 84; 45 Del. Laws, c. 105; 29 Del. C. 1953, § 5105; 68 Del. Laws, c. 21, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 429, § 2; 74 Del. Laws, c. 190, § 2; 74 Del. Laws, c. 421, § 2; 75 Del. Laws, c. 88, § 20(6); 75 Del. Laws, c. 234, § 2; 75 Del. Laws, c. 429, § 1; 81 Del. Laws, c. 66, § 23.) § 5106 Employee salary deductions. (a) Upon receipt of written authorization from any state employee, the Secretary of Finance shall deduct from the employee’s salary such sum as the employee shall direct for state provided employee benefits. Effective upon the implementation of the new payroll system, deductions shall be in equal amounts and withheld from all paychecks received by the employee, with the exception of deductions for employee health, life and dental insurance premiums which shall be withheld from the first 2 paychecks received during any month. The Secretary of Finance will set forth rules of practice and procedure with regard to employee deductions. (b) For employee salary deductions excluding state provided employee benefits: upon receipt of written authorization from any state employee, the Secretary of Finance shall deduct from the employee’s salary such sum as the employee shall in writing direct for deductions. Deductions shall be withheld from all paychecks received by the employee, with the exception of dues paid to the American Federation of State, County and Municipal Employees, which shall be withheld from the first 2 paychecks received during any month. The Secretary of Finance will set forth rules of practice and procedure with regard to deductions for employees. (c) Subsection (b) of this section shall not be effective until implementation has been approved by the State Treasurer, Secretary of Finance, Director of the Office of Management and Budget and Controller General. (d) Salary reductions voluntarily taken pursuant to subsection (b) of this section shall not affect the compensation used in the calculation of pension benefits under any state pension plan. (42 Del. Laws, c. 75, §§ 1, 2; 29 Del. C. 1953, § 5106; 54 Del. Laws, c. 190; 56 Del. Laws, c. 53, § 1; 68 Del. Laws, c. 84, § 63; 69 Del. Laws, c. 64, § 114; 71 Del. Laws, c. 354, §§ 34-36; 72 Del. Laws, c. 94, § 128; 72 Del. Laws, c. 258, § 32; 75 Del. Laws, c. 88, §§ 21(13), 26(2).) § 5107 Cancellation of bond on expiration of term; petition; notice; order of Court. (a) At any time after the expiration of the term of office of any state or county officer in this State who is required to give bond or other obligation with surety for the faithful performance of duties as such officer, such officer may present a petition to the Superior Court of the particular county in which the bond or other obligation is filed or recorded in such form as shall be prescribed by the Court, stating all of the facts proper and necessary to lay before the Court and the reasons for asking that the bond or other obligation theretofore entered into by such officer should be cancelled and satisfied of record. (b) Before any hearing shall be had upon the petition, the petitioner shall cause a copy of the petition to be published in 1 or more newspapers published in the county at least once a week for 3 successive weeks, and in addition thereto the Court may require such additional notice of the filing of the petition as it deems advisable. (c) Upon the presentation of any such petition, by such officer, as stated in subsection (a) of this section, to the Superior Court of the particular county in which the bond or obligation is filed or recorded, the Court shall inquire into all the facts and circumstances of the particular case, and, if satisfied from the evidence presented that the officer has performed all of the duties lawfully required of the officer and has properly accounted for all moneys or other property or things of value coming into the officer’s hands as such officer and there are no reasons why the bond or other official obligation of such officer should not be cancelled and satisfied of record, then the Court may make an order that the bond or other official obligations of such officer be cancelled and that the recorder of deeds of the county where the bond or other official obligation is recorded shall mark the same satisfied of record. (36 Del. Laws, c. 111, §§ 1, 2; Code 1935, §§ 351, 352; 46 Del. Laws, c. 55; 29 Del. C. 1953, § 5107; 70 Del. Laws, c. 186, § 1.) § 5108 Action against officer for state moneys. Action may be brought in the name of the State against any officer for money received by or legally chargeable to the officer for fines, forfeitures or fees appertaining to the funds of the State. (Code 1852, § 2244; Code 1915, § 4095; Code 1935, § 4586; 29 Del. C. 1953, § 5108; 70 Del. Laws, c. 186, § 1.) § 5109 Meetings of state boards and commissions; executive sessions [Repealed]. Repealed by 60 Del. Laws, c. 641, § 4, effective Jan. 1, 1977. Page 191 Title 29 - State Government § 5110 Election of employee to public office; leave. In the event any employee of this State, including any employee of the public schools, is elected to any public office provided for by the Constitution of the State or the Delaware Code, such employee shall be granted such leave of absence without pay as is reasonable and necessary to perform the duties in such office. Upon the completion of such leave, the employee shall be reinstated in the position which the employee held at the time such leave of absence was granted. (29 Del. C. 1953, § 5110; 52 Del. Laws, c. 93; 70 Del. Laws, c. 186, § 1.) § 5111 Benefits to surviving spouse of persons elected to state or county office. Whenever a person who has been elected to any office of the State or the counties by the qualified voters of the State shall die while in office and shall leave a spouse surviving, an amount equal to one half of the salary which would have been paid to such person for the unexpired term of such office shall be paid to the surviving spouse from the state or county general fund, as the case may be, in the same manner as previously paid to the person in office. (29 Del. C. 1953, § 5111; 53 Del. Laws, c. 407; 54 Del. Laws, c. 33, §§ 1, 2.) § 5112 Employees not to be supplied with, nor reimbursed for, food consumed during working hours; exceptions. (a) No full-time employee of the State whose salary is paid by the State shall receive any additional stipend for the purchase of food, be supplied with food or be reimbursed for food that was consumed during normal working hours within the State. (b) Subsection (a) of this section shall not apply to: (1) Employees of state agencies who regularly receive wages in kind in addition to their salaries; (2) Employees of the Division of Small Business; (3) The expenditures of funds for food supplies as part of employee recognition activities established pursuant to § 5950 of this title; (4) The expenditures of funds for food supplied as part of an agency training function, such as a retreat or workshop, held away from the agency’s home location. (5) State Police recruits during the period of their training; or (6) Circumstances where approval has been granted by the Director of the Office of Management and Budget and the Controller General. (29 Del. C. 1953, § 5112; 53 Del. Laws, c. 401, § 9; 62 Del. Laws, c. 393, § 1; 67 Del. Laws, c. 444, § 2; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 118, § 29; 73 Del. Laws, c. 310, § 4; 75 Del. Laws, c. 88, § 21(13); 81 Del. Laws, c. 49, § 3; 81 Del. Laws, c. 374, § 17.) § 5113 Leave for Olympic competition. (a) The State shall grant to any employee leave from employment to participate as a member of the United States Team in any competition sanctioned by the United States Olympic Committee. Any leave so granted shall not exceed the time required for actual participation in the competition, plus a reasonable time for travel and return from the site of the competition and a reasonable time for precompetition training with the team at the site, or 90 working days, whichever is less. The State shall compensate the employee at the employee’s regular rate of pay during any leave granted for participation in such Olympic competition. Pay for each day of leave shall not exceed the amount the employee would receive for a standard workday and the employee shall not be paid for any day spent on such leave for which the employee would not ordinarily receive pay as part of the employee’s regular employment. (b) For purposes of subsection (a) of this section the term “employee” includes all those individuals who are employed by the State and receive a paycheck from the State for such work as they normally do for the State. (c) For the purposes of subsection (a) of this section the term “United States Team” includes any group leader, coach, official, trainer or athlete who is a member of the official delegation of the United States in competition sanctioned by the United States Olympic Committee. (d) The Department of Human Resources shall implement this section by the adoption of appropriate rules and regulations. (61 Del. Laws, c. 538, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 66, § 24.) § 5114 Membership in Blood Bank of Delaware. (a) The State shall pay the annual dues for membership in Blood Bank of Delaware for each officer, employee and retiree of the State not otherwise covered under an individual or group program of Blood Bank of Delaware. Officers, employees and retirees otherwise covered by an individual or group plan may elect the benefits provided by this section. (b) For the purpose of this section, an employee is one who works at least 30 hours per week, 130 hours per month or the regularly scheduled fulltime hours of the employing agency. (c) Membership in Blood Bank of Delaware provides dependent coverage; therefore, where spouses are employees or retirees of the State, either may choose membership and no monetary benefit shall accrue to the other spouse. Page 192 Title 29 - State Government (d) All persons receiving the benefits of this section must comply with Blood Bank of Delaware membership obligations. (e) The Secretary of the Department of Human Resources shall be responsible for the administration of this section. (63 Del. Laws, c. 80, § 41; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 77; 72 Del. Laws, c. 204, § 2; 75 Del. Laws, c. 88, § 20(6); 81 Del. Laws, c. 66, § 25.) § 5115 Protection of public employees reporting suspected violation of law. (a) For purposes of this section, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Elected official” shall mean the Auditor of Accounts, a state, school district, county or municipal official elected by popular vote of same and employees of said offices. (2) “Public employee” shall mean any full-time or part-time employee of the State, its school districts, or a county or municipal government. (b) No public employee shall be discharged, threatened or otherwise discriminated against with respect to the terms or conditions of employment because that public employee reported, in a written or oral communication to an elected official, a violation or suspected violation of a law or regulation promulgated under the law of the United States, this State, its school districts, or a county or municipality of this State unless the employee knows that the report is false. (c) An employee who alleges a violation of this section may bring a civil action for appropriate injunctive relief, actual damages, or both, within 90 days after the occurrence of the alleged violation of this section. (64 Del. Laws, c. 97, § 1; 69 Del. Laws, c. 230, § 1; 70 Del. Laws, c. 186, § 1.) § 5116 Leave of absence upon adoption of child. (a) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section is entitled to 6 weeks unpaid leave upon the adoption of a minor child who is over 6 years of age. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation leave nor sick leave shall be accumulated during such leave of absence without pay under this section. (b) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section shall be entitled to utilize accumulated sick leave to travel out of the United States for the purpose of adopting a child from a foreign country. Before leave shall be granted the employee must provide documentation that they have applied for the adoption and that the travel is required for the adoption to be approved. Once the adoption has been approved the employee’s leave will be pursuant to the Family and Medical Leave Act, [29 U.S.C. § 2601 et seq.]. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation nor sick leave shall be accumulated during such leave of absence, either with or without pay, under this subsection. (c) The State Personnel Commission is empowered to adopt appropriate rules and regulations to implement this section. (64 Del. Laws, c. 419, § 1; 75 Del. Laws, c. 115, §§ 1, 2; 81 Del. Laws, c. 285, § 2.) § 5117 Employees neither supplied with, nor reimbursed for, parking expenses associated with commutation to work; exceptions. (a) No state agency may rent parking spaces for employees’ or state officials’ private vehicles. It is the intent of this section to clearly establish that state employees are liable for the full cost of commuting to and from work, including the cost of parking, and that the State will not participate in the payment of any of that commuting cost, including parking costs. (b) This section does not alter the existing policy of reimbursing employees for expenses incurred while traveling on state business. (c) Subsection (a) of this section shall not apply to the use of rented parking spaces, as part of an approved employee recognition program established pursuant to § 5950 of this title. (d) Subsection (a) of this section shall not apply to any commuter benefit approved by the Department of Transportation pursuant to subchapter V of Chapter 20 of Title 30. (65 Del. Laws, c. 87, § 25; 67 Del. Laws, c. 444, § 3; 68 Del. Laws, c. 426, § 1.) § 5118 Unauthorized use of state mail services and/or state-paid-for postage. (a) Any person who uses state mail services and/or state-paid-for postage for such person’s own personal use or for the benefit or use of any person, committee, organization or association not entitled thereto is guilty of a class C misdemeanor and shall be fined not more than $300 per each occurrence. (b) (1) Except as otherwise provided in this subsection all envelopes, wrappers, labels or cards used to transmit state-paid-for mail shall bear in a conspicuous manner the words “OFFICIAL BUSINESS, PENALTY FOR PRIVATE USE $300” and an endorsement above the warning showing the name of the agency, authority, board, bureau, commission or office from which, or officer from whom, it is transmitted. Page 193 Title 29 - State Government (2) The Executive Office of the Governor (DDB-10-01-01) may exempt themselves from the requirements of paragraph (b)(1) of this section. (c) Each House of the General Assembly shall prescribe for itself such rules and regulations which shall govern the use of state mail services and state-paid-for postage and it shall take such other action as it considers necessary and proper for the members and memberselect to conform to its rules. (66 Del. Laws, c. 55, § 1; 70 Del. Laws, c. 186, § 1.) § 5119 Leave for volunteer emergency duty. Any state employee, who is an active volunteer firefighter or active auxiliary member may, with the approval of the agency which employs such person, be permitted to respond to fire, rescue, ambulance or other emergency calls during regular hours of employment without loss of pay, vacation, sick leave or personal leave credit. (69 Del. Laws, c. 38, § 1; 70 Del. Laws, c. 186, § 1.) § 5120 Paid leave for birth of a child or adoption of a child. (a) Any full-time employee, who has been employed by the State for at least 1 year, shall be entitled to 12 weeks of paid leave upon the birth of a child of the employee, or upon the adoption by the employee of a child who is 6 years of age or younger. (b) Notwithstanding the exhaustion of any benefits provided under the Family and Medical Leave Act (29 U.S.C. § 2601 et. seq.), in the event a mother who is a full-time employee has a pregnancy complication that warrants a prolonged or extended hospitalization of the mother or the infant in the antepartum or immediate postpartum period, including giving birth to monoamniotic twins, or multiples of 3 or more, the mother shall be entitled to unpaid leave for at least 6 weeks following the discharge of the newborn or newborns from the hospital or other medical facility. (c) The entitlement to leave under subsection (a) of this section shall expire at the end of the 12-month period beginning on the date of such birth or adoption. (d) Without regard to length of employment, a full-time or part-time employee of the State shall be entitled to use accumulated sick leave upon the birth of a child of the employee, or upon the adoption of a child who is 6 years of age or younger pursuant to the rules adopted by the Merit Employee Relations Board or State Personnel Office. (e) The rights and benefits described in this section shall run concurrently with any rights and benefits available under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. and short-term disability benefit pursuant to § 5253 of Title 29 for the birth of a child. (f) No state agency, board, department or other employing officer or agency of this State may alter or terminate the benefits of or terminate the employment of any full-time employee as a result of taking parental leave pursuant to this section. (72 Del. Laws, c. 174, § 2; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 166, § 1; 81 Del. Laws, c. 285, § 3.) § 5121 Leave for serving on veteran funeral detail. Any state employee who is a veteran or a member of the National Guard Reserve may serve on 1 veteran funeral detail per calendar year without loss of pay, vacation, sick leave or personal leave credit. (73 Del. Laws, c. 76, § 1.) § 5122 Leave for bone marrow or organ donation. (a) Definitions. — (1) “Bone marrow” means the soft material that fills human bone cavities. (2) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person. (3) “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person. (4) “Organ donor” means a person from whose body an organ is taken to be transferred to the body of another person. (b) In any calendar year, a state employee is entitled to the following leave in order to serve as a bone-marrow donor or organ donor: (1) No more than 7 days of leave to serve as a bone marrow donor; (2) No more than 30 days of leave to serve as an organ donor. (c) A state employee may use the leave provided by this section without loss or reduction of pay, leave to which the employee is otherwise entitled, credit for time or service, or performance or efficiency rating. (d) This section applies to employees who are included in a collective bargaining unit, unless a collective bargaining agreement contains provisions dealing with leave for bone marrow and organ donation. (73 Del. Laws, c. 76, § 1.) § 5123 Employee housing. An agency may provide housing for an employee without reduction in salary provided such housing is on the site of the principal location of employment and further provided that the head of the department or agency has determined that such location of the employee Page 194 Title 29 - State Government is necessary to the operation of the agency and that the employee has no other employment. No agency shall provide an employee with a housing allowance or compensation for housing. (73 Del. Laws, c. 310, § 5.) § 5124 Unpaid leaves of absence. (a) An unpaid leave of absence may not be granted to a state employee for the purpose of serving a term of incarceration imposed upon the employee after a conviction as defined in § 222(3) of Title 11. (b) The term “state employee” means an employee in any position of state employment, except a constitutionally created position or an elected position. State employees include, but are not limited to: classified service positions; merit comparable positions; school district employees; and employees of the Delaware State Police. (77 Del. Laws, c. 11, § 1.) Page 195 Title 29 - State Government Part V Public Officers and Employees Chapter 52 Health Care Insurance § 5201 Definitions [Effective until Jan. 1, 2022]. For purposes of this chapter: (1) “Chronic care management” means the services in the Chronic Care Management Services Program, as administered by the Centers for Medicare and Medicaid Services, and includes Current Procedural Terminology (“CPT”) codes 99487, 99489, and 99490. (2) An “eligible child dependent” is one who is: a. The child of a regular officer, employee or eligible pensioner or spouse of a regular officer, employee or eligible pensioner, either by birth or adoption, who is under the age of 26 or is unmarried, regardless of age, and incapable of self support because of an intellectual, mental or physical disability which existed before age 21; or b. An unmarried child under the age of 19 years or the age of 24 if a full time student who depends for support upon and resides with a regular officer, employee or eligible pensioner in a regular parent-child relationship and qualifies as a dependent of the regular officer, employee or eligible pensioner under Internal Revenue Code § 105 (26 U.S.C. § 105). (3) An “eligible pensioner” is one who is receiving or is eligible to receive retirement benefits in accordance with the state employees' pension plan under Chapters 53 and 55 of this title, the State Police pension plan under subchapter II and subchapter III of Chapter 83 of Title 11, the pension plan for state judiciary under Chapter 56 of this title or one who is receiving retirement or disability benefits under the teachers' retirement and disability plan (Chapter 39 of Title 14). This paragraph shall not apply to members of boards or commissions. An “eligible pensioner” shall include those individuals who were employed by the county prothonotary offices immediately prior to October 1, 1987, and who chose to remain in their respective county pension plans and who would otherwise be eligible to receive retirement benefits in accordance with the state employees’ pension plan under Chapters 53 and 55 of this title. An “eligible pensioner” shall include those employees who are receiving disability benefits pursuant to § 5253(c) of this title. (4) “FDA” means the Food and Drug Administration. (5) “Medicare” means the federal Medicare Program (U.S. Public Law 89-87, as amended) (42 U.S.C. § 1395 et seq.). (6) “Plan” means the basic health-care insurance plan for state employees provided under this chapter. (7) “Primary care” means health care provided by a physician or an individual licensed under Title 24 to provide health care, with whom the patient has initial contact and by whom the patient may be referred to a specialist and includes family practice, pediatrics, internal medicine, and geriatrics. (8) A “regular officer or employee” shall be one who has been continuously employed by this State in each calendar month during 3-month period immediately preceding the first day of any given month (exclusive of legal holidays and allowable leave) and who works the regularly scheduled full-time hours of the employing agency, or at least 30 or more hours per week or 130 hours per month (with allowable interruptions) in a position of a continuing nature on a regular schedule expected to last at least 1 year from the date of initial appointment. The appointing authority shall determine at the time of appointment the qualifications of an appointee regarding the continuing nature and appointment duration criteria of this paragraph. An employee appointed to temporary or seasonal positions and members of boards and commissions who were not receiving coverage under the State group health insurance contract on January 1, 1993, shall not be considered a “regular officer or employee” for the purposes of this chapter. A “regular officer or employee” called to active duty with Guard or Reserve for other than training purposes shall continue to receive state contributions toward health insurance coverage for a period of up to 2 years. A “regular officer or employee” shall also include an employee who is receiving disability benefits pursuant to § 5253(b) of this title. (9) “Therapeutic equivalent” means a contraceptive drug, device, or product that is all of the following: a. Approved as safe and effective. b. Pharmaceutically equivalent to another contraceptive drug, device, or product in that it contains an identical amount of the same active drug ingredient in the same dosage form and route of administration and meets compendial or other applicable standards of strength, quality, purity, and identity. c. Assigned, by the FDA the same therapeutic equivalence code as another contraceptive drug, device or product. (29 Del. C. 1953, § 5201; 57 Del. Laws, c. 319; 58 Del. Laws, c. 27; 62 Del. Laws, c. 158, § 1; 63 Del. Laws, c. 408, § 1; 64 Del. Laws, c. 297, § 1; 65 Del. Laws, c. 449, §§ 1, 2; 67 Del. Laws, c. 47, § 61; 68 Del. Laws, c. 8, § 2; 69 Del. Laws, c. 64, §§ 27, 65; 70 Del. Laws, c. 118, § 30; 71 Del. Laws, c. 132, § 35; 71 Del. Laws, c. 354, § 40; 72 Del. Laws, c. 94, §§ 37, 41; 72 Del. Laws, c. 204, § 3; 74 Del. Laws, c. 421, § 3; 75 Del. Laws, c. 191, § 4; 75 Del. Laws, c. 227, §§ 2, 3; 76 Del. Laws, c. 280, § 34; 78 Del. Laws, c. 18, § 1; 78 Del. Laws, c. 78, § 24; 78 Del. Laws, c. 179, § 275; 81 Del. Laws, c. 323, § 3; 81 Del. Laws, c. 392, §§ 7, 10; 82 Del. Laws, c. 141, § 24.) § 5201 Definitions [Effective Jan. 1, 2022]. For purposes of this chapter: Page 196 Title 29 - State Government (1) An “eligible child dependent” is one who is: a. The child of a regular officer, employee or eligible pensioner or spouse of a regular officer, employee or eligible pensioner, either by birth or adoption, who is under the age of 26 or is unmarried, regardless of age, and incapable of self support because of an intellectual, mental or physical disability which existed before age 21; or b. An unmarried child under the age of 19 years or the age of 24 if a full time student who depends for support upon and resides with a regular officer, employee or eligible pensioner in a regular parent-child relationship and qualifies as a dependent of the regular officer, employee or eligible pensioner under Internal Revenue Code § 105 (26 U.S.C. § 105). (2) An “eligible pensioner” is one who is receiving or is eligible to receive retirement benefits in accordance with the state employees’ pension plan under Chapters 53 and 55 of this title, the State Police pension plan under subchapter II and subchapter III of Chapter 83 of Title 11, the pension plan for state judiciary under Chapter 56 of this title or one who is receiving retirement or disability benefits under the teachers’ retirement and disability plan (Chapter 39 of Title 14). This paragraph shall not apply to members of boards or commissions. An “eligible pensioner” shall include those individuals who were employed by the county prothonotary offices immediately prior to October 1, 1987, and who chose to remain in their respective county pension plans and who would otherwise be eligible to receive retirement benefits in accordance with the state employees’ pension plan under Chapters 53 and 55 of this title. An “eligible pensioner” shall include those employees who are receiving disability benefits pursuant to § 5253(c) of this title. (3) “FDA” means the Food and Drug Administration. (4) “Plan” means the basic health care insurance plan for state employees provided under this chapter. (5) A “regular officer or employee” shall be one who has been continuously employed by this State in each calendar month during 3-month period immediately preceding the first day of any given month (exclusive of legal holidays and allowable leave) and who works the regularly scheduled full-time hours of the employing agency, or at least 30 or more hours per week or 130 hours per month (with allowable interruptions) in a position of a continuing nature on a regular schedule expected to last at least 1 year from the date of initial appointment. The appointing authority shall determine at the time of appointment the qualifications of an appointee regarding the continuing nature and appointment duration criteria of this paragraph. An employee appointed to temporary or seasonal positions and members of boards and commissions who were not receiving coverage under the State group health insurance contract on January 1, 1993, shall not be considered a “regular officer or employee” for the purposes of this chapter. A “regular officer or employee” called to active duty with Guard or Reserve for other than training purposes shall continue to receive state contributions toward health insurance coverage for a period of up to 2 years. A “regular officer or employee” shall also include an employee who is receiving disability benefits pursuant to § 5253(b) of this title. (6) “Therapeutic equivalent” means a contraceptive drug, device, or product that is all of the following: a. Approved as safe and effective. b. Pharmaceutically equivalent to another contraceptive drug, device, or product in that it contains an identical amount of the same active drug ingredient in the same dosage form and route of administration and meets compendial or other applicable standards of strength, quality, purity, and identity. c. Assigned, by the FDA the same therapeutic equivalence code as another contraceptive drug, device or product. (29 Del. C. 1953, § 5201; 57 Del. Laws, c. 319; 58 Del. Laws, c. 27; 62 Del. Laws, c. 158, § 1; 63 Del. Laws, c. 408, § 1; 64 Del. Laws, c. 297, § 1; 65 Del. Laws, c. 449, §§ 1, 2; 67 Del. Laws, c. 47, § 61; 68 Del. Laws, c. 8, § 2; 69 Del. Laws, c. 64, §§ 27, 65; 70 Del. Laws, c. 118, § 30; 71 Del. Laws, c. 132, § 35; 71 Del. Laws, c. 354, § 40; 72 Del. Laws, c. 94, §§ 37, 41; 72 Del. Laws, c. 204, § 3; 74 Del. Laws, c. 421, § 3; 75 Del. Laws, c. 191, § 4; 75 Del. Laws, c. 227, §§ 2, 3; 76 Del. Laws, c. 280, § 34; 78 Del. Laws, c. 18, § 1; 78 Del. Laws, c. 78, § 24; 78 Del. Laws, c. 179, § 275; 81 Del. Laws, c. 323, § 3; 81 Del. Laws, c. 392, §§ 7, 10; 82 Del. Laws, c. 141, § 24.) § 5202 Payment of premium or subscription charge. (a) The State shall pay premium or subscription charges for a regular officer or employee and eligible spouse and child dependents not eligible for federal Medicare as follows: (1) Ninety-six percent of the total cost of the basic individual, individual and spouse, individual and child, or family health care insurance plan as set forth in § 5203 of this title; (2) Ninety-five percent of the total cost of a consumer-directed health plan for individual, individual and spouse, individual and child, or family; (3) Ninety-three and one-half percent of the total cost of an HMO plan for individual, individual and spouse, individual and child, or family; (4) Eighty-six and three-quarter percent of the total cost of a comprehensive PPO plan for individual, individual and spouse, individual and child, or family; or (5) Beginning January 1, 2006, employees identified under Title 14 who are receiving a short-term disability benefit for a period greater than 90 days pursuant to § 5253(b) of this title and have exhausted all of their paid leave, an amount equivalent to that provided under paragraph (a)(1), (2), (3) or (4) of this section. Page 197 Title 29 - State Government (b) (1) For eligible pensioners not eligible for federal Medicare and their eligible dependents who were first employed by the State on or before June 30, 1991, or who are receiving a disability pension or primary survivors receiving a survivor’s pension under § 8372(a) of Title 11, due to death in the line of duty of the employee, the State shall pay premium or subscription charges for the following, whichever is applicable: a. Ninety-six percent of the total cost of the basic individual, individual and spouse, individual and child, or family health-care insurance plan as set forth in § 5203 of this title; b. Ninety-five percent of the total cost of a consumer-directed health plan for individual, individual and spouse, individual and child, or family; c. Ninety-three and one-half percent of the total cost of an HMO plan for individual, individual and spouse, individual and child, or family; or d. Eighty-six and three-quarter percent of the total cost of a comprehensive PPO plan for individual, individual and spouse, individual and child, or family. (2) For eligible pensioners who are eligible for federal Medicare and their eligible dependents: a. Who retire before July 1, 2012, or who are receiving a disability pension or primary survivors receiving a survivor’s pension under § 8372(a) of Title 11, due to death in the line of duty of the employee, the State shall pay 100% of the premium or subscription charges for the coverage provided, unless they are subject to the schedule based on years of service, as set forth in paragraph (b) (3) of this section. b. Who retire after July 1, 2012, the State shall pay 95% of the premium or subscription charges for the coverage provided, unless they are subject to the schedules based on years of service, as set forth in paragraph (b)(3) or (b)(4) of this section. (3) For eligible pensioners who were first employed by the State on or after July 1, 1991, and before January 1, 2007, except those receiving a disability pension or primary survivors receiving a survivor’s pension under § 8372(a) of Title 11, due to death in the line of duty of the employee, the State shall pay premium and subscription charges as follows: a. For eligible pensioners employed by the State for at least 10 but less than 15 years at the time of retirement, 50 percent of premium or subscription charges as set forth in paragraphs (b)(1) and (b)(2) of this section; or b. For eligible pensioners employed by the State for at least 15 but less than 20 years at the time of retirement, 75 percent of the premium or subscription charges as set forth in paragraphs (b)(1) and (b)(2) of this section; or c. For eligible pensioners employed by the State for 20 or more years at the time of retirement, 100 percent of the premium or subscription charges as set forth in paragraphs (b)(1) and (b)(2) of this section. (4) For eligible pensioners who were first employed by the State on or after January 1, 2007, the State shall pay premium and subscription charges as follows: a. For eligible pensioners employed by the State for at least 15 but less than 17.5 years at the time of retirement, 50 percent of premium or subscription charges paid for by the State as set forth in paragraphs (b)(1) and (b)(3) of this section; b. For eligible pensioners employed by the State for at least 17.5 but less than 20 years at the time of retirement, 75 percent of the premium or subscription charges as set forth in paragraphs (b)(1) and (b)(3) of this section; or c. For eligible pensioners employed by the State for 20 or more years at the time of retirement, 100 percent of the premium or subscription charges as set forth in paragraphs (b)(1) and (b)(3) of this section. (c) If the employee or pensioner is covered in any way by a group insurance program issued by the same insurer, duplicate coverage shall not be procured by the State; however, it shall be at the employee’s or pensioner’s option as to whether to be covered by the state group insurance plan or by a program of the spouse. If covered by a program of the spouse, the employee or pensioner shall obtain no monetary credit or rebate from the State. (d) For the purposes of this chapter, eligible employees who were each first employed as a regular officer or employee by the State on or before December 31, 2011, a husband and wife legally married on or before December 31, 2011, may each qualify as a regular officer, employee or eligible pensioner of the State. In the case where 2 members of a family qualify, the following options are set forth: (1) The 2 employees, or each eligible pensioner, and all eligible dependents may elect to enroll under 1 family contract. (2) Each employee, or each eligible pensioner, may elect to enroll under a separate contract. Eligible dependents may be enrolled under either contract, but no dependent shall be enrolled more than once under the state health insurance program. (3) The provisions of this paragraph shall continue to apply to a surviving spouse for employee only or employee and children contracts after the death of 1 of the spouses covered pursuant to this paragraph has occurred, as long as the surviving spouse is entitled to a survivor’s pension pursuant to § 5528 of this title. (4) Effective July 1, 2012, to December 31, 2017, if the 2 employees enroll under an employee and spouse or family contract, there shall be a $25 per month charge to the employee who enrolls for the coverage. If the employees choose to enroll in separate plans, employee only and employee and children contracts, either the employee cost share premium or a $25 per month charge shall apply to both contracts, whichever is less. If employee and spouse are eligible pensioners where 1 or both retire on or after July 1, 2012, and before July 1, 2017, only 1 $25 per month charge shall apply when separate contracts are required for a Medicare Supplement plan. Page 198 Title 29 - State Government (5) Effective January 1, 2018, if the 2 employees or non-Medicare pensioners enroll under an employee and spouse or family contract, the employee or non-Medicare pensioner who enrolls for the coverage shall be charged 50 percent of the employee or non-Medicare pensioner cost share premium per month, or $25 per month, whichever is greater. If the employees or non-Medicare pensioners choose to enroll in separate plans, employee only and employee and children contracts, each employee or non-Medicare pensioner shall be charged 50 percent of the employee or non-Medicare cost share premium per month, or $25 per month, whichever is greater for the plans chosen. If both spouses are eligible pensioners and 1 is not yet Medicare eligible, the non-Medicare pensioner will enroll under a pensioner only or pensioner and children contract and the Medicare pensioner will enroll in the Medicare Supplement plan. The non-Medicare pensioner shall be charged 50 percent of the cost share premium, or $25 per month, whichever is greater. If 1 spouse is a regular officer or employee and 1 spouse is a Medicare eligible pensioner, the regular officer or employee who enrolls for employee and spouse or family coverage shall be charged 50 percent of the employee cost share premium If the employee and Medicare eligible spouse choose to enroll in separate plans, each employee and Medicare eligible pensioner shall be charged 50 percent of the employee and Medicare supplement cost share premium per month, or $25 per month, whichever is greater for the plans chosen. If both spouses are Medicare eligible and 1 or both retired on or after July 1, 2017, only 1 50 percent pensioner only, or $25 per month premium, whichever is greater, shall apply when separate contracts are required for a Medicare Supplement Plan. If both spouses are Medicare eligible and both retired after July 1, 2012, and before July 1, 2017, each Medicare eligible pensioner shall be charged $25 per month premium when separate contracts are required for a Medicare Supplement plan. (6) In no case shall there be a monetary credit or return to the spouse for that spouse’s basic credits. (e) If a regular officer or employee is required to pay any portion of the cost of the health-care insurance for himself/herself, his/her spouse or his/her dependents, the regular officer or employee may enter into a written agreement with the State whereby he/she agrees to reduce his/her salary in an amount equal to the portion of the health-care insurance that the regular officer or employee is required to pay. (f) Subsection (e) of this section shall not be effective until implementation has been approved by the State Treasurer, Secretary of Finance, Director of the Office of Management and Budget and Controller General. (g) Salary reductions voluntarily taken pursuant to subsection (e) of this section shall not affect the compensation used in the calculation of pension benefits under any state pension plan and shall be made on a pretax basis, provided that employees who had designated employee deductions on a posttax basis as of July 1, 2000, shall continue to have the right to make those deductions on a posttax basis as long as the employee remains in a benefit program or the employee makes a change to pretax employee benefit deductions. (h) A survivor who is receiving a deceased pensioner's retirement benefits in accordance with the State Employees’ Pension Plan under Chapters 53 and 55 of this title, the State Police Pension Plan under subchapter II and subchapter III of Chapter 83 of Title 11, the Pension Plan for State Judiciary under Chapter 56 of this title shall only be entitled to coverage for the survivor and any "eligible child dependent" as defined in § 5201 of this title. (29 Del. C. 1953, § 5202; 57 Del. Laws, c. 319; 62 Del. Laws, c. 158, §§ 3, 4; 62 Del. Laws, c. 294, § 1; 63 Del. Laws, c. 79, § 1; 63 Del. Laws, c. 155, § 1; 65 Del. Laws, c. 87, § 80; 66 Del. Laws, c. 85, § 93; 67 Del. Laws, c. 324, § 1; 68 Del. Laws, c. 84, §§ 65, 66; 68 Del. Laws, c. 178, §§ 1-3; 69 Del. Laws, c. 291, § 34; 70 Del. Laws, c. 61, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 75; 75 Del. Laws, c. 88, §§ 20(6), 21(13), 26(2); 75 Del. Laws, c. 114, §§ 1, 2; 75 Del. Laws, c. 227, § 4; 76 Del. Laws, c. 280, § 22; 78 Del. Laws, c. 14, §§ 1-5; 78 Del. Laws, c. 78, § 25; 78 Del. Laws, c. 254, § 1; 81 Del. Laws, c. 58, § 24; 81 Del. Laws, c. 323, § 3.) § 5203 Specifications of the coverage [Effective until Jan. 1, 2022]. (a) The basic health care insurance plan for state employees shall be equivalent to the “minimum creditable coverage” as defined by applicable federal law and include coverage for contraceptive methods under § 5203A of this title. (b) The plan shall be for regular employees and eligible pensioners under 65 years of age and for employees and eligible pensioners over 65 years of age who are not entitled to services, rights or benefits under the federal Medicare Program (U.S. Public Law 89-97, as amended) [42 U.S.C. § 1395 et seq.]; and a plan which is supplemental to Medicare parts A and B, or constructed as a plan under Medicare part C, for eligible pensioners entitled to services, rights or benefits under the federal Medicare Program. (c) (1) The basic plan must provide coverage for chronic care management and primary care and coverage at a reimbursement rate that is not less than the Medicare reimbursement for comparable physician services. (2) Coverage for chronic care management must not be subject to patient deductibles, copayments, or fees. (3) If a comparable Medicare reimbursement rate is not available, a plan shall reimburse for services at the rates generally available under Medicare for services such as office visits and prolonged preventive services, which may be further delineated by regulation. (d) The plan may not place any annual or lifetime numerical limitations on physical therapy or chiropractic care visits for the purpose of treating back pain. (29 Del. C. 1953, § 5203; 57 Del. Laws, c. 319; 57 Del. Laws, c. 350; 69 Del. Laws, c. 64, § 66; 72 Del. Laws, c. 204, § 4; 78 Del. Laws, c. 14, §§ 6, 7; 81 Del. Laws, c. 323, § 3; 81 Del. Laws, c. 392, §§ 8, 10; 81 Del. Laws, c. 430, §§ 4, 7; 82 Del. Laws, c. 141, § 24.) Page 199 Title 29 - State Government § 5203 Specifications of the coverage [Effective Jan. 1, 2022]. (a) The basic health care insurance plan for state employees shall be equivalent to the “minimum creditable coverage” as defined by applicable federal law and include coverage for contraceptive methods under § 5203A of this title. (b) The plan shall be for regular employees and eligible pensioners under 65 years of age and for employees and eligible pensioners over 65 years of age who are not entitled to services, rights or benefits under the federal Medicare Program (U.S. Public Law 89-97, as amended) [42 U.S.C. § 1395 et seq.]; and a plan which is supplemental to Medicare parts A and B, or constructed as a plan under Medicare part C, for eligible pensioners entitled to services, rights or benefits under the federal Medicare Program. (c) [Repealed.] (d) The plan may not place any annual or lifetime numerical limitations on physical therapy or chiropractic care visits for the purpose of treating back pain. (29 Del. C. 1953, § 5203; 57 Del. Laws, c. 319; 57 Del. Laws, c. 350; 69 Del. Laws, c. 64, § 66; 72 Del. Laws, c. 204, § 4; 78 Del. Laws, c. 14, §§ 6, 7; 81 Del. Laws, c. 323, § 3; 81 Del. Laws, c. 392, §§ 8, 10; 81 Del. Laws, c. 430, §§ 4, 7; 82 Del. Laws, c. 141, § 24.) § 5203A Insurance coverage for contraceptive methods. (a) The plan shall provide coverage for contraceptive methods that includes all of the following: (1) All FDA-approved contraceptive drugs, devices, and other products as follows: a. If the FDA has approved 1 or more therapeutic equivalents of a contraceptive drug, device, or product, the plan is not required to include all such therapeutically equivalent versions in its formulary as long as at least 1 is included and covered without costsharing and in accordance with this section. b. If there is a therapeutic equivalent of a drug, device, or other product for an FDA-approved contraceptive method, the plan may provide coverage for more than 1 drug, device, or other product and may impose cost-sharing requirements as long as at least 1 drug, device, or other product for that method is available without cost-sharing. If, however, an individual’s attending provider recommends a particular FDA-approved contraceptive based on a medical determination with respect to that individual, regardless of whether the contraceptive has a therapeutic equivalent, the plan shall provide coverage for the prescribed contraceptive drug, device, or product without cost-sharing. c. The plan is not required to provide coverage for male condoms. (2) FDA-approved emergency contraception available over-the-counter, whether with a prescription or dispensed consistent with the requirements of Chapter 25 of Title 24. (3) A prescription for contraceptives intended to last for no more than a 12-month period which may be dispensed all at once or over the course of the 12-month period, regardless of whether the covered individual was enrolled in the plan or policy under this chapter at the time the prescription contraceptive was first dispensed. (4) Voluntary female sterilization procedures. (5) Patient education and counseling on contraception. (6) Follow-up services related to the drugs, devices, products, and procedures covered under this subsection, including management of side effects, counseling for continued adherence, and device insertion and removal. (7) Immediate postpartum insertion of long-acting reversible contraception. (b) (1) Coverage provided under this section is not subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement, except under paragraph (a)(1) of this section or as otherwise required under federal law. Coverage offered under this section may not impose unreasonable restrictions or delays in