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Legislative Council,
General Assembly
State of Delaware
Title 29
State Government
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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:
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(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.)
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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
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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.)
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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.
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(34 Del. Laws, c. 253; Code 1935, § 2763; 29 Del. C. 1953, § 503; 61 Del. Laws, c. 45, § 1.)
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§ 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.)
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§ 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.)
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§ 330. State sea turtle.
The loggerhead turtle (Caretta caretta) is the official sea turtle of the State.
(83 Del. Laws, c. 382.)
§ 331. 9/11 Remembrance Flag.
(a) The 9/11 Remembrance Flag is designated as the symbol of our State’s concern and commitment to remembering all of the lives lost
as a result of the terrorist attacks of September 11, 2001. Among those lost were members of the military, police, fire, and other rescue and
first-response personnel acting in the line of duty. Each year on September 11, schools are encouraged to offer instruction on the events
of that day, and the role of the many military, police, fire, and other rescue and first-response personnel in responding to the attacks.
(b) The chief administrator of each governmental building or facility within this State, as defined in subsection (c) of this section, is
encouraged to display the 9/11 Remembrance Flag on September 11 of each year.
(c) For purposes of this section, “governmental building or facility within this State” means the following locations:
(1) The Delaware Legislative Hall, the Office of the Governor and each other Delaware constitutional office, the chambers of
the Delaware Senate and the Delaware House of Representatives, the Delaware Supreme Court Building and each Delaware trial
courthouse, as well as any official State of Delaware veterans’ memorial, Delaware veterans’ home, or Delaware veterans’ cemetery;
(2) To the extent authorized by federal law and regulation, any United States veterans’ cemetery, veterans’ memorial, post office,
or other federal building, as well as any United States Department of Veterans Affairs medical center, veterans service center, and
veterans’ community-based outreach center;
(3) Any appropriate local government building or facility, as determined by the governing body of that local government.
(d) This section may not be construed or interpreted to require any employee to report to work solely for the purpose of providing for
the display of the 9/11 Remembrance Flag or any other flag.
(e) If a governmental building or facility within this State opts to display the 9/11 Remembrance Flag, the chief administrator of that
facility shall prescribe procedures necessary for the display.
(f) The 9/11 Remembrance Flag is permitted to be flown beneath, and is not in place of, the American Flag.
(g) Any named public office or public official may accept a donation of 1 or more 9/11 Remembrance Flags for the purpose of this
section.
(83 Del. Laws, c. 423, § 1.)
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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.)
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§ 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.
A state agency, including a public school, shall cause a POW/MIA flag to be displayed out-of-doors on its installation, grounds, or
campus at each location on each day the flag of the United States is so displayed.
(78 Del. Laws, c. 408, § 1; 83 Del. Laws, c. 30, § 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.
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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.)
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§ 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.
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(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
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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.)
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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
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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.
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§ 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:
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(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.)
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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
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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.)
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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
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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 12,376.00
(5) Chairperson and Vice Chairperson of the Joint Finance Committee 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) Members of the Joint Finance Committee 9,626.00
(9) Chairperson and Vice Chairperson of the Capital Improvement Program Committee 4,578.00
(10) Members of the Capital Improvement Program Committee 3,852.00
(11) Chairperson and Vice Chairperson of the Joint Legislative Oversight and Sunset Committee 4,578.00
(12) Members of the Joint Legislative Oversight and Sunset 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.
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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.)
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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. Criteria for counting incarcerated individuals for redistricting purposes.
(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, may not count as part of the
population in a given district boundary an incarcerated individual who meets both of the following:
(1) Was incarcerated in a state correctional facility in this State or federal correctional facility, as determined by the decennial census.
(2) Was not a resident of the State before the individual’s incarceration.
(b) (1) 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 an individual incarcerated in a state correctional facility in this State or federal
correctional facility, as determined by the decennial census, if the individual was a resident of the State before incarceration.
(2) The General Assembly shall count the individual for reapportionment and redistricting purposes at the individual’s last known
residence before incarceration.
(c) This section does not apply to the redistricting of the State following the 2010 federal decennial census. This section applies to the
redistricting of the State following each federal decennial census thereafter.
(d) The Department of Elections shall geocode the last known residence of an incarcerated individual that is provided by the Department
of Correction or the Federal Bureau of Prisons and is required to be counted under section (b) of this section.
(1) On or before September 15 of the year of a federal decennial census, the Department of Correction shall provide to the Department
of Elections information in the Department of Correction’s possession regarding the last known residence of an incarcerated individual
required to be counted under subsection (b) of this section.
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(2) The Department of Elections shall make reasonable efforts to correct a last known residence of an incarcerated individual that
is not able to be geocoded, including by doing the following:
a. Verifying and correcting zip codes against the United States Postal Service zip code locator.
b. Correcting misspellings of city and street names.
c. Correcting or adding street suffixes against the United State Postal Service zip code locator.
d. Correcting street direction using the United States Postal Service zip code locator.
e. Removing extra information from the address field.
f. Removing an apartment number.
g. Removing a decimal point.
(3) The Department of Elections may request from a state or federal agency information necessary to geocode the last known residence
of an incarcerated individual required to be counted under section (b) of this section.
(4) If, after making reasonable efforts under paragraph (d)(2) of this section, the Department of Elections is not able to geocode
the last known residence of an incarcerated individual, the Department shall establish the last known residence of the incarcerated
individual as the state correctional facility where the individual is incarcerated.
(5) The Department of Elections shall provide to the General Assembly the geocoded last known residence data for incarcerated
individuals required to be counted under subsection (b) of this section on or before January 15 of the year following a federal decennial
census.
(6) The Department of Elections may adopt regulations to implement this section.
(77 Del. Laws, c. 472, § 1; 78 Del. Laws, c. 24, § 1; 83 Del. Laws, c. 128, § 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. Within 120 calendar days following the receipt, by the entity designated by the Governor, of the
federal decennial census data for redistricting pursuant to Public Law 94-171, the General Assembly shall reapportion and redistrict the
State, wherever necessary, for the general election of 2032 and thereafter in such a manner that the several representative and senatorial
districts shall comply, insofar as possible, with 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; 83 Del. Laws, c. 162,
§ 1; 83 Del. Laws, c. 258, § 1.)
§ 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 2022 and 2026 and for a 2-year term in 2030.
(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 2022 and for 4-year terms in 2024 and 2028.
(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; 83 Del. Laws, c. 258, § 1.)
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 First Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 000200, blocks 1000 through 1021, 2000 through 2031, 3000 through 3018, 4000 through 4012, 5000 through
5018, and 6000 through 6020.
b. In census tract 000300, blocks 1000 through 1010, 2000 through 2015, and 3000 through 3024.
c. In census tract 000400, blocks 1000 through 1018, 2000 through 2019, and 3000 through 3030.
d. In census tract 000500, blocks 1000 through 1012, 2000 through 2012, 3000 through 3011, and 4000 through 4012.
e. In census tract 000601, blocks 1000 through 1018, 1020, and 1021.
f. In census tract 000602, blocks 1001, 1006 through 1008, 1012, 1014 through 1016, 3000 through 3003, and 3009 through 3011.
g. In census tract 001100, blocks 1000, 1001, 1003 through 1014, 2000 through 2003, 2008 through 2010, and 3000 through 3014.
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h. In census tract 001200, blocks 2008 through 2014, 2017 through 2021, 2023, and 2024.
i. In census tract 001300, block 1013.
j. In census tract 001400, blocks 1002 through 1006.
k. In census tract 002800, blocks 1000 through 1002.
l. In census tract 010704, blocks 1002 through 1016, 1022 through 1026, 1028, and 3000 through 3008.
m. In census tract 010800, blocks 3006, 3014, 3021, and 3022.
(2) Second Representative District. —
The Second Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 00500, blocks 4006 and 4008.
b. In census tract 000601, census blocks 1019, 2000 through 2014, and 3000 through 3016.
c. In census tract 000602, blocks 1000, 1002 through 1005, 1009 through 1011, 1013, 1017 through 1019, 2000 through 2022,
3004 through 3008, and 3012 through 3016.
d. In census tract 000900, blocks 1000 through 1015, 2000 through 2008, and 3000 through 3019.
e. In census tract 001100, blocks 2004 through 2007.
f. In census tract 001400, blocks 1000, 1001, 1016 through 1019.
g. In census tract 001500, blocks 1000 through 1004, 1008, and 1009.
h. In census tract 001600, blocks 1000 through 1017, and 2000 through 2002.
i. In census tract 002100, blocks 2023 through 2026.
j. In census tract 002700, blocks 1000 through 1049, and 2000 through 2020.
k. In census tract 002800, blocks 1003 through 1071, 2000 through 2006, and 2009 through 2047.
l. In census tract 002900, blocks 1000 through 1023, 2000 through 2013, and 3000 through 3009, and 4000 through 4011.
m. In census tract 003002, blocks 1000 through 1038, and 2000 through 2032.
n. [Repealed.]
o. In census tract 012500, block 2004.
p. In census tract 012900, blocks 1000 through 1019, 2000 through 2014, 3000 through 3018, 3023, and 3030 through 3033.
q. In census tract 980100, blocks 1000 through 1015.
r. In census tract 990100, blocks 0006 and 0007.
(3) Third Representative District. —
The Third Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 001300, blocks 3022 through 3026.
b. In census tract 001400, blocks 1007 through 1015, 1020, 1021, and 2000 through 2023.
c. In census tract 001500, blocks 1005 through 1007, 1010, 1011, and 2000 through 2016.
d. In census tract 001600, blocks 2003 through 2013, and 3000 through 3013.
e. In census tract 002100, blocks 1000 through 1016, and 2000 through 2022.
f. In census tract 002200, blocks 1000 through 1015, 2000 through 2009, and 3000 through 3007.
g. In census tract 002300, blocks 1000 through 1010, 2000 through 2010, and 3000 through 3017.
h. In census tract 002400, blocks 1000 through 1018, 2000 through 2024, 3000 through 3037, 4000 through 4006, 4008 through
4020, and 4022.
i. In census tract 002500, blocks 1000 through 1017, 2000 through 2002, 2005 through 2008, and 3000 through 3017.
j. In census tract 002600, blocks 1000 through 1008, 2000 through 2021, 3000 through 3014, and 4000 through 4011.
k. In census tract 002800, blocks 2007 and 2008.
(4) Fourth Representative District. —
The Fourth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050701, blocks 1000 through 1005, 1011 through 1024, 2000, and 2011 through 2040.
b. In census tract 050703, blocks 1002, 1004, 1006 through 1009, 1012 through 1014, 1016, 1018 through 1032, 2000 through
2016, 2018, and 2019.
c. In census tract 050706, blocks 1000 through 1054, 2000 through 2054, and 3000 through 3025.
d. In census tract 050707, blocks 1000 through 1030, and 2000 through 2031.
e. In census tract 050708, blocks 1000 through 1039.
f. In census tract 050709, blocks 1000 through 1035, and 2000 through 2023.
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g. In census tract 050710, blocks 1000 through 1053, and 2000 through 2021.
h. In census tract 050711, blocks 1000 through 1030, and 2000 through 2021.
i. In census tract 051010, blocks 1006 through 1008, and 1010 through 1013.
j. In census tract 051012, blocks 1000 through 1023, and 2000 through 2012.
k. In census tract 051013, blocks 1000 through 1030, and 2016 through 2018.
l. In census tract 051014, blocks 1000 through 1018, and 2000 through 2019.
m. In census tract 051015, blocks 2000 through 2004.
(5) Fifth Representative District. —
The Fifth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 014903, blocks 4000 through 4008, 4012, 6000 through 6004, and 6009.
b. In census tract 014906, blocks 2000 through 2017, 3000 through 3007, and 3009 through 3015.
c. In census tract 014907, blocks 3000 through 3006.
d. In census tract 014908, blocks 1000 through 1003, and 2000 through 2002.
e. In census tract 014909, blocks 1000 through 1004, 2000 through 2007, 3000 through 3013, and 4000 through 4012.
f. In census tract 016301, blocks 1000 through 1017, 2000, and 2001.
g. In census tract 016306, blocks 1000 through 1002, 1014, 2000 through 2016, and 3000 through 3011.
h. In census tract 016307, blocks 1000 through 1021, 1024, and 1026 through 1028.
(6) Sixth Representative District. —
The Sixth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 010502, blocks 1002 through 1023, 2000 through 2047, 3000 through 3022, and 4001 through 4023.
b. In census tract 010703, blocks 1000 through 1017, and 2000 through 2015.
c. In census tract 010704, blocks 1000, 1001, 1017 through 1021, 1027, and 2000 through 2036.
d. In census tract 010800, blocks 1000 through 1025, 2000 through 2031, 3000 through 3005, 3007 through 3013, and 3015
through 3020.
e. In census tract 010900, blocks 1000 through 1015, 2000 through 2016, and 3000 through 3021.
f. In census tract 011000, blocks 1000 through 1030, 2000 through 2015, and 3000 through 3025.
g. In census tract 011400, blocks 1000 through 1009, 2000 through 2019, and 3000 through 3019.
h. In census tract 011600, blocks 1000, 1001, 1006 through 1011, 1016 through 1018, 2003 through 2006, 2032, 3018, 3019,
3027, 3037, and 3038.
i. In census tract 990100, blocks 0005 and 0008.
(7) Seventh Representative District. —
The Seventh Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 010104, blocks 1000 through 1052, and 2000 through 2012.
b. In census tract 010105, blocks 1000 through 1021, and 2000 through 2013.
c. In census tract 010106, blocks 1000 through 1009, 2000 through 2003, and 3000.
d. In census tract 010200, blocks 1000 through 1011, and 2000 through 2010.
e. In census tract 010300, blocks 1000 through 1022, 2000 through 2015, and 3000 through 3010.
f. In census tract 010400, blocks 1000 through 1021, 2000 through 2018, 3000 through 3026, and 4000 through 4021.
g. In census tract 010502, blocks 1000, 1001, 4000, and 5000 through 5027.
h. In census tract 011100, blocks 1000 through 1072.
i. In census tract 011204, block 2029.
j. In census tract 990100, blocks 0001 through 0004.
(8) Eighth Representative District. —
The Eighth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 016609, blocks 1000 through 1021.
b. In census tract 016610, blocks 1000 through 1042, 2000 through 2018, 3000 through 3051, and 4000 through 4030.
c. In census tract 016612, blocks 1000 through 1003, 1005 through 1016, 2000 through 2041, and 3037 through 3039.
d. In census tract 016613, blocks 1000 through 1009, 2000 through 2007, 3000 through 3018, and 4000 through 4021.
e. In census tract 016614, blocks 1000 through 1027, 2000 through 2038, and 2040 through 2046.
f. In census tract 016806, blocks 1000 through 1003, 1007 through 1011, 1029 through 1031, 2016, and 2017.
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g. In census tract 016808, blocks 2008, 2009, 2011 through 2014, and 2025.
(9) Ninth Representative District. —
The Ninth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 016608, blocks 1000 through 1049, and 2000 through 2073.
b. In census tract 016611, blocks 1000 through 1043, and 3000 through 3086.
c. In census tract 016612, blocks 1004, 3000 through 3036, 3040, and 3041.
d. In census tract 016614, blocks 2039, and 3000 through 3051.
e. In census tract 016807, blocks 1000 through 1017.
f. In census tract 016808, blocks 1000 through 1008, 2000 through 2007, 2010, 2015 through 2018, 2024, 2037, 3000 through
3007, 3022, 4000 through 4022, and 5000 through 5010.
g. In census tract 016904, blocks 1000 through 1009, 1013 through 1018, 1042 through 1044, and 1075.
h. In census tract 990100, blocks 0019 through 0024.
(10) Tenth Representative District. —
The Tenth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 011201, blocks 1000 through 1012, and 2000 through 2010.
b. In census tract 011202, blocks 1000 through 1033, and 2000 through 2034.
c. In census tract 011203, blocks 1000 through 1017, 2000 through 2009, and 3000 through 3016.
d. In census tract 011204, blocks 1000 through 1019, 2000 through 2028, and 2030.
e. In census tract 011205, blocks 1000 through 1016, and 2000 through 2008.
f. In census tract 011206, blocks 1000 through 1022, and 2000 through 2026.
g. In census tract 011300, blocks 1000 through 1017, and 2000 through 2012.
h. In census tract 011700, blocks 4000 through 4005, and 4009 through 4017.
(11) Eleventh Representative District. —
The Eleventh Representative District shall consist of all of the following:
a. That portion of Kent County contained in the following census blocks:
1. In census tract 040100, blocks 1000 through 1043, 2003 through 2039, 3000 through 3014, and 4000 through 4020.
2. In census tract 040201, blocks 1031 through 1040, 1042 through 1044, and 1079 through 1081.
3. In census tract 041802, blocks 3006 through 3011, 3017, and 3019 through 3021.
4. In census tract 041804, blocks 2010, 2011, 2013 through 2023, and 2031.
5. In census tract 041900, blocks 1000 through 1006, 1008, 1026 through 1029, 1032 through 1051, 2000 through 2015, and
3000 through 3021.
b. That portion of New Castle County contained in the following census blocks:
1. In census tract 016805, blocks 1000 through 1030.
2. In census tract 016806, blocks 1004 through 1006, 1012 through 1028, 1032 through 1034, 2000 through 2015, 2018 through
2038, and 3000 through 3048.
3. In census tract 016808, blocks 2019 through 2023, 2026 through 2036, 2038, and 3008 through 3021.
4. In census tract 016901, blocks 1000 through 1041, and 2000 through 2037.
5. In census tract 016904, blocks 1010 through 1012, 1019 through 1041, 1045, 1046, 1049 through 1055, and 1085.
(12) Twelfth Representative District. —
The Twelfth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. [Repealed.]
b. In census tract 001100, block 1002.
c. In census tract 001200, blocks 1000 through 1017, 2000 through 2007, 2015, 2016, and 2022.
d. In census tract 001300, blocks 1000 through 1012, 1014 through 1032, 2000 through 2025, 3000 through 3021, 3027, and
4000 through 4029.
e. In census tract 011500, blocks 1000 through 1011, 2000 through 2019, and 3000 through 3027.
f. In census tract 011600, blocks 1002 through 1005, 1012 through 1015, 2000 through 2002, 2007 through 2031, and 2033.
g. In census tract 011700, blocks 1000 through 1024, 2000 through 2027, 3000 through 3017, 3020 through 3026, 3028 through
3036, 4006 through 4008, and 4018 through 4036.
h. In census tract 011800, blocks 1000 through 1031, 2000 through 2026, 3000 through 3013, and 4000 through 4047.
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i. In census tract 011900, blocks 1000 through 1016, 1018 through 1029, 1032 through 1035, 1038 through 1042, 2000 through
2005, 3000 through 3011, 3014 through 3021, and 3023.
j. In census tract 013501, blocks 1000, 1001, 1004 through 1006, 1010 through 1012, 4000 through 4016, and 5000 through 5012.
(13) Thirteenth Representative District. —
The Thirteenth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 002400, blocks 4007 and 4021.
b. In census tract 002500, blocks 1018 through 1020, 2003, 2004, and 2009 through 2013.
c. In census tract 011900, blocks 1017, 1030, 1031, 1036, 1037, 3012, 3013, 3022, and 3024.
d. In census tract 012000, blocks 3013 through 3016, 3019, 3027, and 3028.
e. In census tract 012100, blocks 1000 through 1017, 2000 through 2015, and 3000 through 3023.
f. In census tract 012200, blocks 1000 through 1021, 2000 through 2016, 3000 through 3016, and 4000 through 4025.
g. In census tract 012300, blocks 1000 through 1028, and 2000 through 2016.
h. In census tract 012400, blocks 1000 through 1034, 2000 through 2014, 3000 through 3020, and 4000 through 4029.
i. In census tract 012500, blocks 1000 through 1023, 2000 through 2003, 2005 through 2016, 3000 through 3021, 4000 through
4011, 5000 through 5017, and 6000 through 6015.
j. In census tract 012600, blocks 1000 through 1013, 2000 through 2019, and 3000 through 3030.
k. In census tract 012700, blocks 1000, 1001, 1016, 1017, 5000, 5006, 5017, and 5018.
l. In census tract 012900, blocks 3026 through 3029, 3034 through 3049, and 3054.
(14) Fourteenth Representative District. —
The Fourteenth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050904, blocks 1012, 1015, 1017 through 1019, 1031 through 1044, 2013 through 2023, and 2026 through 2046.
b. In census tract 050905, blocks 1003, 1008, 1010, 1015, 1039, 1049, and 1051.
c. In census tract 051008, blocks 1000 through 1020, 2000 through 2018, and 3000 through 3040.
d. In census tract 051009, blocks 1000 through 1011, 2000 through 2025, and 3000 through 3022.
e. In census tract 051010, blocks 1000 through 1005, 1009, 2000 through 2013, and 3000 through 3009.
f. In census tract 051011, blocks 1000 through 1018, 2000 through 2014, and 3000 through 3012.
g. In census tract 051015, blocks 1000 through 1022.
h. In census tract 051016, blocks 1000 through 1019, and 2000 through 2033.
i. In census tract 051017, blocks 1000 through 1029, 2000 through 2047, and 3000 through 3014.
j. In census tract 051101, blocks 1000 through 1018, 2000 through 2022, and 3000 through 3035.
k. In census tract 051102, blocks 1000 through 1027, 2000 through 2037, and 3000 through 3031.
l. In census tract 051103, blocks 1000 through 1013, blocks 2000 through 2058, and 3000 through 3003.
m. In census tract 98000, blocks 1000 through 1016.
n. In census tract 99000, blocks 0007 through 0009.
(15) Fifteenth Representative District. —
The Fifteeth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 014808, blocks 1013 through 1019, 3000 through 3014, and 4002 through 4011.
b. In census tract 014809, blocks 1000 through 1005, 2000 through 2021, 3000 through 3011, 4000 through 4025, and 5000
through 5007.
c. In census tract 016301, blocks 2002 through 2017, 3000 through 3048, and 4000 through 4007.
d. In census tract 016307, blocks 1022, 1023, and 1025.
e. In census tract 016308, blocks 2021, 2023 through 2025.
f. In census tract 016401, 1000 through 1014, 2000 through 2029, 3000 through 3020, 4000 through 4004, 4006, 4007, and 4013.
g. In census tract 016404, blocks 1029, 1031 through 1037, 1041 through 1047, 1049 through 1070 and 1075.
(16) Sixteenth Representative District. —
The Sixteenth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 001902, blocks 1000 through 1044, 2000 through 2027, 3019 through 3022, 3024 and 3025.
b. In census tract 015100, blocks 1000 through 1002, 1017, 1045, and 2010 through 2012.
c. In census tract 015200, blocks 5000 through 5022.
d. In census tract 015400, blocks 1000 through 1033, and blocks 2000 through 2014.
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e. In census tract 015502, blocks 1000 through 1039, and 2000 through 2027.
f. In census tract 015600, blocks 1000 through 1026, and 2000 through 2023.
g. In census tract 015802, blocks 1000 through 1022, and 2000 through 2017.
h. In census tract 015900, blocks 1000 through 1020, 2000 through 2013, and 3000 through 3021.
i. In census tract 016000, blocks 1000 through 1011, and 2000 through 2011.
j. In census tract 016100, blocks 1000 through 1026, and 2000 through 2022.
k. In census tract 16200, blocks 1000 through 1002, 2000 through 2011, 3000 through 3007, and 3015.
l. In census tract 990100, blocks 0009 through 0013.
(17) Seventeenth Representative District. —
The Seventeenth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 012700, blocks 3023, 3024, 5028, and 5029.
b. In census tract 012900, blocks 3050 through 3053.
c. In census tract 013800, blocks 2002 through 2010, 2015 through 2019, 2022, 2038, 3000, 3001, 3006, 3007, 3009, 3011 through
3014, 3016, and 3017.
d. In census tract 015000, blocks 1000 through 1042, 2000 through 2007, 3000 through 3011, 3017, 3018, 3020, 4000 through
4004, and 5000 through 5010.
e. In census tract 015100, blocks 1003 through 1016, 1018 through 1044, and 2000 through 2009.
f. In census tract 015200, blocks 1000 through 1013, 2000 through 2013, 3000 through 3014, 4000 through 4012, and 5023
through 5030.
g. In census tract 016200, blocks 1003 through 1020, 3008 through 3014, 3016, and 3017.
h. In census tract 016308, blocks 1000 through 1021, 2000 through 2020, 2022, 2026, and 2027.
i. In census tract 016309, blocks 1000 through 1034, and 2000 through 2041.
j. In census tract 016404, blocks 1000 through 1028, 1030, 1038 through 1040, 1048, 1071 through 1074, 2000 through 2042,
and 3000 through 3014.
k. In census tract 990100, blocks 0014 through 0018.
(18) Eighteenth Representative District. —
The Eighteenth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 013615, blocks 1003 through 1014.
b. In census tract 013800, blocks 1000 through 1026, 2011 through 2014, 2020, 2021, 2023 through 2044, 3008, 3010, 3015,
and 3018 through 3030.
c. In census tract 013905, blocks 3000 and 3001.
d. In census tract 013906, blocks 1000 through 1002, 1014, and 1016.
e. In census tract 014000, blocks 1005 through 1007, 2000 through 2009, 3000 through 3006, and 4000 through 4016.
f. In census tract 014100, block 1000.
g. In census tract 014904, blocks 1000 through 1029, and 2000 through 2020.
h. In census tract 014906, blocks 1000 through 1015, and 3008.
i. In census tract 014907, blocks 1000 through 1013, and 2000 through 2014.
j. In census tract 015000, blocks 3012 through 3016, and 3019.
k. In census tract 016306, blocks 1003 through 1013.
(19) Nineteenth Representative District. —
The Nineteenth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 012000, blocks 1000 through 1014, 2000 through 2029, 3000 through 3012, 3017, 3018, 3020 through 3026,
and 3029 through 3039.
b. In census tract 012100, block 1006.
c. In census tract 012700, blocks 1002 through 1015, 1018 through 1028, 2000 through 2019, 3000 through 3022, 4000 through
4010, 5001 through 5005, 5007 through 5016, 5019 through 5027, 5030, and 5031.
d. In census tract 013000, blocks 1000 through 1017, and 2000 through 2018.
e. In census tract 013100, blocks 1000 through 1015, 2000 through 2010, and 3000 through 3009.
f. In census tract 013200, blocks 1000 through 1011, 2000 through 2008, and 3000 through 3004.
g. In census tract 013300, blocks 1000 through 1018, and 2000 through 2006.
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h. In census tract 013400, blocks 1000 through 1012, 2000 through 2011, and 3000 through 3005.
i. In census tract 013501, blocks 2000 through 2020.
j. In census tract 013614, blocks 2000 through 2002, and 2004 through 2026.
k. In census tract 013615, blocks 3000 through 3025.
l. In census tract 013800, blocks 2000, 2001, and 3002 through 3005.
(20) Twentieth Representative District. —
The Twentieth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050200, block 2018.
b. In census tract 050801, blocks 1018, 1020, 1021, 1028 through 1034, 2000 through 2033, and 3000 through 3038.
c. In census tract 050804, blocks 1000 through 1006, and 2000 through 2011.
d. In census tract 050805, blocks 1000 through 1025, and 2000 through 2075.
e. In census tract 050806, blocks 1000 through 1032, 2000 through 2021, 3000 through 3007, and 4000 through 4041.
f. In census tract 050807, blocks 1000 through 1013, and 2000 through 2037.
g. In census tract 050808, blocks 1000 through 1023, 2000 through 2038, and 3000 through 3015.
h. In census tract 050903, blocks 1000 through 1029, and 2000 through 2036.
i. In census tract 050904, blocks 1000 through 1011, 1013, 1014, 1016, 1020 through 1030, 2000 through 2012, 2024, and 2025.
j. In census tract 050905, blocks 1000 through 1007, 1009, 1011 through 1014, 1016 through 1038, 1040 through 1048, 1050,
2000 through 2024, 3001 through 3030, and 3032.
k. In census tract 051011, blocks 1019 through 1032.
l. In census tract 990000, blocks 0003 through 0006.
(21) Twenty-first Representative District. —
The Twenty-first Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 013300, blocks 2007 through 2017.
b. In census tract 013604, blocks 1000 through 1016, 2000 through 2025, and 3000 through 3008.
c. In census tract 013607, blocks 1008 through 1012, 1015, 2000 through 2004, 3000 through 3003, and 4000 through 4013.
d. In census tract 013608, blocks 1000 through 1021, and 2000 through 2011.
e. In census tract 013610, blocks 1010 and 1011.
f. In census tract 013611, blocks 1000 through 1021, 2001, 2002, 3000 through 3008, 4000, and 4001.
g. In census tract 013612, blocks 3016 through 3018.
h. In census tract 013613, blocks 2000 through 2018, and 3000 through 3015.
i. In census tract 013614, blocks 1000 through 1008, and 2003.
j. In census tract 013615, blocks 1000 through 1002, and 2000 through 2013.
k. In census tract 013700, blocks 1000 through 1006, 1021, 3000 through 3011, 3014, and 3015.
(22) Twenty-second Representative District. —
The Twenty-second Representative District shall consist of that portion of New Castle County contained in the following census
blocks:
a. In census tract 013501, blocks 1002, 1003, 1007 through 1009, and 3000 through 3022.
b. In census tract 013505, blocks 1000 through 1004, and 2000 through 2016.
c. In census tract 013506, blocks 1000 through 1009, 1011, 2000, 2001, and 3000 through 3010.
d. In census tract 013507, blocks 1000 through 1019.
e. In census tract 013508, blocks 1000 through 1019, 2000 through 2024, and 3000 through 3017.
f. In census tract 013607, blocks 1000 through 1007, 1013, and 1014.
g. In census tract 013612, blocks 1000 through 1011, 2000 through 2006, 3000 through 3015, 3019, and 3020.
h. In census tract 013613, blocks 1000 through 1011.
(23) Twenty-third Representative District. —
The Twenty-third Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 013506, blocks 1010, and 2002 through 2017.
b. In census tract 013610, blocks 1000 through 1009, 1012 through 1017, 2000 through 2012, 3000 through 3017, and 4000
through 4009.
c. In census tract 013611, block 2000.
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d. In census tract 013700, blocks 3012 and 3013.
e. In census tract 014200, blocks 1014, 1023 and 1033.
f. In census tract 014301, blocks 1000 through 1027.
g. In census tract 014302, blocks 1000 through 1007, 2000 through 2011, and 3000 through 3018.
h. In census tract 014403, blocks 1000 through 1021, 2000 through 2018, and 3000 through 3008.
i. In census tract 014404, blocks 1000 through 1053, 1055 through 1066, and 2000 through 2017.
j. In census tract 014501, blocks 1000 through 1023.
(24) Twenty-fourth Representative District. —
The Twenty-fourth Representative District shall consist of that portion of New Castle County contained in the following census
blocks:
a. In census tract 013700, blocks 1007 through 1020, 1022, and 2000 through 2011.
b. In census tract 013901, blocks 1000 through 1013, 2000 through 2010, and 3000 through 3012.
c. In census tract 014000, blocks 1000 through 1004.
d. In census tract 014100, blocks 1001 through 1018, 2000 through 2016, and 3000 through 3012.
e. In census tract 014200, blocks 1000 through 1022, 1024 through 1032, and 1034 through 1045.
f. In census tract 014502, blocks 1000 through 1008, 1012 through 1021, 1025, 1030, and 1035 through 1037.
g. In census tract 014702, blocks 1000 through 1009, and 1040.
h. In census tract 014703, blocks 1000 through 1015, 2000 through 2015, 3000 through 3015, and 4000 through 4009.
i. In census tract 014705, blocks 1000 through 1015, 2000 through 2021, and 3000 through 3026.
(25) Twenty-fifth Representative District. —
The Twenty-fifth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 014402, blocks 1000 through 1028, and 2000 through 2042.
b. In census tract 014404, blocks 1054, and 2018.
c. In census tract 014502, blocks 1009 through 1011, 1022 through 1024, 1026 through 1029, 1031 through 1034, 1038 through
1046, and 2000 through 2025.
d. In census tract 014702, blocks 1010 through 1039, 1041 through 1050.
e. In census tract 014706, blocks 2011, 2014, and 2015.
f. In census tract 014803, blocks 1000 through 1009, 2000 through 2021, and 3000 through 3019.
g. In census tract 014808, blocks 2000 through 2008, 2010 through 2012, 2014 through 2016, 2018 through 2021, and 2031.
h. In census tract 014813, blocks 1000 through 1023, 2000 through 2008, and 3000 through 3002.
i. In census tract 014814, blocks 1000 through 1012, 1018, and 2000 through 2011.
(26) Twenty-sixth Representative District. —
The Twenty-sixth Representative District shall consist of that portion of New Castle County contained in the following census blocks:
a. In census tract 013903, blocks 1000 through1010, 2000 through 2007, and 3000 through 3012.
b. In census tract 013905, blocks 1000 through 1005, 2000 through 2003, and 3002 through 3005.
c. In census tract 013906, blocks 1003 through 1013, 1015, 2000 through 2019, and 3000 through 3010.
d. In census tract 014706, blocks 1000 through 1007, 2000 through 2010, 2012, and 2013.
e. In census tract 014808, blocks 1000 through 1012, 2009, 4000, and 4001.
f. In census tract 014903, blocks 1000 through 1011, 2000 through 2015, 3000 through 3006, 4009 through 4011, 5000 through
5004, and 6005 through 6008.
(27) Twenty-seventh Representative District. —
The Twenty-seventh Representative District shall consist of that portion of New Castle County contained in the following census
blocks:
a. In census tract 014808, blocks 2013, 2017, and 2022 through 2030.
b. In census tract 014809, blocks 1006 through 1011.
c. In census tract 014810, blocks 1000 through 1036, 2000 through 2017, and 3000 through 3017.
d. In census tract 014811, blocks 1000 through 1027, 2000 through 2005, and 3000 through 3017.
e. In census tract 014812, blocks 1000 through 1012, 2000 through 2007, and 3000 through 3022.
f. In census tract 014814, blocks 1013 through 1017.
g. In census tract 016401, blocks 4005, 4008 through 4012, and 4014.
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h. In census tract 016609, blocks 2000 through 2015, 3000 through 3022.
i. In census tract 016611, blocks 2000 through 2010.
(28) Twenty-eighth Representative District. —
The Twenty-eighth Representative District shall consist of all of the following:
a. That portion of Kent County contained in the following census blocks:
1. In census tract 040201, blocks 1000 through 1030, 1045 through 1075, 2000 through 2031, 3000 through 3015.
2. In census tract 040203, blocks 1000 through 1045, 2000 through 2028, 3000 through 3047.
3. In census tract 040204, blocks 1000 through 1098, 3000 through 3002.
4. In census tract 040205, blocks 1000 through 1032, 2000 through 2023, 3000 through 3022.
5. In census tract 040501, blocks 1000 through 1030, 2009 through 2022, 2024 through 2031, 3000, 3004 through 3006.
6. In census tract 040502, blocks 1000 through 1042, 2000 through 2031.
7. In census tract 041000, blocks 1000 through 1008, 3000 through 3004, 3031, 3049.
8. In census tract 043202, blocks 1000 through 1061, 1063, 1087.
9. In census tract 990000, blocks 0001 through 0003.
b. That portion of New Castle County contained in the following census blocks:
1. In census tract 016904, blocks 1047, 1048, 1056 through 1074, and 1076 through 1084.
(29) Twenty-ninth Representative District. —
The Twenty-ninth Representative District shall consist of that portion of Kent County contained in the following census blocks:
a. In census tract 040100, blocks 2000 through 2002, 2006, and 2021 through 2025.
b. In census tract 040201, blocks 1041, 1076 through 1078.
c. In census tract 040204, blocks 2000 through 2034, 3003 through 3025.
d. In census tract 040206, blocks 1000 through 1163.
e. In census tract 040501, blocks 2000 through 2008, 2023, 3001 through 3003, 3007 through 3028.
f. In census tract 040700, blocks 1000, 1001, 1009, 1010.
g. In census tract 041802, blocks 1026 through 1036, 1042 through 1052, 3000 through 3005, 3012 through 3016, and 3018.
h. In census tract 041803, blocks 1000 through 1079, 2000 through 2062.
i. In census tract 041804, blocks 2000 through 2009, 2012, 2024 through 2030, 3005 through 3014.
j. In census tract 043300, blocks 1000, 1001, 1017 through 1024.
(30) Thirtieth Representative District. —
The Thirtieth Representative District shall consist of that portion of Kent County contained in the following census blocks:
a. In census tract 041802, blocks 1053 through 1056.
b. In census tract 041900, blocks 1007, 1009 through 1025, 1030, and 1031.
c. In census tract, 042000, blocks 1000 through 1030, and 2000 through 2047.
d. In census tract 042100, blocks 1000 through 1013, 1017 through 1020, 1026, 1027, 1033 through 1040, 1042 through 1050,
2001 through 2013, 2017, 2055, 2059, 2060, 2067, 2079, and 2080.
e. In census tract 042801, blocks 1000 through 1067.
f. In census tract 042802, blocks 1000 through 1064, 2000 through 2028, 2030, 2042 through 2044, 2052 through 2064, 2069
through 2072, 2076, and 3000 through 3025.
g. In census tract 042900, blocks 1000 through 1045, 2047 through 2049, and 2051 through 2059.
h. In census tract 043000, blocks 1000 through 1041, 2000 through 2085, 3000 through 3044.
i. In census tract 043100, blocks 1000 through 1064, 2000 through 2099, 2100 through 2119.
(31) Thirty-first Representative District. —
The Thirty-first Representative District shall consist of that portion of Kent County contained in the following census blocks:
a. In census tract 040700, blocks 1002 through 1008, 1011 through 1013, 2000 through 2003, and 3000 through 3020.
b. In census tract 040900, blocks 1000 through 1034, and 2000 through 2010.
c. In census tract 041300, blocks 1000 through 1003, 1005 through 1008, 2000 through 2012, 2019 through 2021, 2031 through
2047, 2060, and 2061.
d. In census tract 041400, blocks 1000 through 1086, 1089 through 1092, and 2000 through 2030.
e. In census tract 041500, blocks 1000 through 1011.
f. In census tract 041802, blocks 1000 through 1011, 1013, and 2000 through 2033.
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g. In census tract 041804, blocks 1000 through 1016, 3000 through 3004, and 3015 through 3019.
h. In census tract 043300, blocks 1002 through 1016, 1025 through 1032, 2000 through 2010, and 3000 through 3042.
(32) Thirty-second Representative District. —
The Thirty-second Representative District shall consist of that portion of Kent County contained in the following census blocks:
a. In census tract 041000, blocks 1009 through 1056, 2000 through 2028, 3005 through 3030, 3032 through 3048.
b. In census tract 041101, blocks 1000 through 1008, 2000 through 2008, 3000 through 3007.
c. In census tract 041200, blocks 1000 through 1032, 1046 through 1049, 2000 through 2031, 3000 through 3017.
d. In census tract 041300, blocks 1004, 1009 through 1022, 2013 through 2018, 2022 through 2030, 2048 through 2059.
e. In census tract 041500, blocks 1012 through 1037, 2000 through 2023.
f. In census tract 041600, blocks 1000 through 1021, and 1055.
g. In census tract 042203, blocks 2000 through 2031, 3000 through 3024.
h. In census tract 043202, blocks 1062, 1064 through 1086.
i. In census tract 980000, blocks 1000 through 1024.
j. In census tract 990000, blocks 0004, 0005, and 0007.
(33) Thirty-third Representative District. —
The Thirty-third Representative District shall consist of that portion of Kent County contained in the following census blocks:
a. In census tract 042206, blocks 1000 through 1022, 2000 through 2016.
b. In census tract 042207, blocks 1000 through 1038.
c. In census tract 042208, blocks 1000 through 1022, 2000 through 2049.
d. In census tract 042500, blocks 1000 through 1070, 2000 through 2007, 3000 through 3031.
e. In census tract 042802, blocks 2029, 2031 through 2041, 2045 through 2051, 2065 through 2068, 2073 through 2075, 2077,
and 2078.
f. In census tract 042900, blocks 2000 through 2046, 2050.
g. In census tract 043202, blocks 2000 through 2036, 3000 through 3053, 4000 through 4033.
h. In census tract 043400, blocks 1000 through 1106, 2000 through 2029, 3000 through 3068.
i. In census tract 990000, block 0006.
(34) Thirty-fourth Representative District. —
The Thirty-fourth Representative District shall consist of that portion of Kent County contained in the following census blocks:
a. In census tract 041200, blocks 1033 through 1045, and 1050.
b. In census tract 041400, blocks 1087 and 1088.
c. In census tract 041500, blocks 2024 and 2025.
d. In census tract 041600, blocks 1022 through 1056.
e. In census tract 041701, blocks 1000 through 1048, 2000 through 2015, 3000 through 3024, and 4000 through 4026.
f. In census tract 041702, blocks 1000 through 1019, 2000 through 2026.
g. In census tract 041802, blocks 1012, 1014 through 1025, 1037 through 1041.
h. In census tract 042100, blocks 1014 through 1016, 1021 through 1025, 1028 through 1032, 1041, 2000, 2014 through 2016,
2018 through 2054, 2056 through 2058, 2061 through 2066, 2068 through 2078.
i. In census tract 042203, blocks 1000 through 1029.
j. In census tract 042204, blocks 1000 through 1017, 2000 through 2041.
k. In census tract 042205, blocks 1000 through 1034, 2000 through 2030.
(35) Thirty-fifth Representative District. —
The Thirty-fifth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050101, blocks 1005, 1006, 1013 through 1043, 2003 through 2015.
b. In census tract 050200, blocks 1001 through 1008, 1010 through 1054.
c. In census tract 050302, blocks 1000 through 1047, 2000 through 2045, 3000 through 3052.
d. In census tract 050303, blocks 1000 through 1044, 2000 through 2083.
e. In census tract 050304, blocks 1000 through 1078, 2000 through 2039, 3000 through 3081.
f. In census tract 050406, blocks 1000 through 1010.
g. In census tract 050407, blocks 1000 through 1020, 1032, 2000 through 2025, 3000, and 3001.
h. In census tract 050408, blocks 1000 through 1026, 2000 through 2002, 2029.
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i. In census tract 050501, blocks 1005 through 1009, 1017, 1042, 2000 through 2021, 3000 through 3017, 3030, 3050 through
3056, 3065 through 3067, 3069 through 3079.
(36) Thirty-sixth Representative District. —
The Thirty-sixth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050101, blocks 1000 through 1004, 1007 through 1012, 2000 through 2002, and 3000 through 3040.
b. In census tract 050103, blocks 1000 through 1042, 2000 through 2044, 3000 through 3037, and 4000 through 4066.
c. In census tract 050104, blocks 1000 through 1049, 2000 through 2052, and 3000 through 3029.
d. In census tract 050105, blocks 1000 through 1030, 2000 through 2038, 3000 through 3018, and 4000 through 4027.
e. In census tract 050200, blocks 1000, 1009, 2000 through 2017, 2019 through 2021, and 3000 through 3088.
f. In census tract 050503, blocks 2000 through 2008, 2010, and 2015.
g. In census tract 050801, blocks 1000 through 1017, 1019, and 1022 through 1027.
h. In census tract 050905, blocks 3000, 3031, 4000 through 4022.
i. In census tract 990000, blocks 0001 and 0002.
(37) Thirty-seventh Representative District. —
The Thirty-seventh Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050501, blocks 1000 through 1004, 1010 through 1016, 1018 through 1041, 1043, 1044, 3018 through 3029,
3031 through 3049, 3057 through 3064, 3068, 3080, and 3081.
b. In census tract 050503, blocks 1000 through 1061, 2009, 2011 through 2014, 2016 through 2034, and 3000 through 3041.
c. In census tract 050505, blocks 1000 through 1058.
d. In census tract 050506, blocks 1000 through 1052, and 2000 through 2039.
e. In census tract 050601, blocks 1000, 1002 through 1029, 1033 through 1076, 1079 through 1081, 1090, 1093 through 1096,
and 1098.
f. In census tract 050701, blocks 1006 through 1010, 2001 through 2010, and 3000 through 3039.
g. In census tract 050804, blocks 1004, 1007 through 1040, and 2012 through 2046.
h. In census tract 050805, block 1022.
i. In census tract 051013, blocks 2000 through 2015.
(38) Thirty-eighth Representative District. —
The Thirty-eighth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 051201, blocks 1000 through 1039, and 2000 through 2024.
b. In census tract 051202, blocks 1000 through 1028, and 2000 through 2037.
c. In census tract 051203, blocks 1000 through 1016, 2000 through 2007, 3000 through 3002, and 4000 through 4020.
d. In census tract 051204, blocks 1000 through 1027, 2000 through 2028, 3000 through 3008, and 4000 through 4027.
e. In census tract 051205, blocks 1000 through 1042, and 2000 through 2026.
f. In census tract 051302, blocks 1000, 1001, 1017 through 1023, 1031, 1033, 1057, 1058, 2000 through 2025, 2031, 2041 through
2043, and 3000 through 3079.
g. In census tract 051307, blocks 1000 through 1077.
h. In census tract 051308, blocks 1000 through 1046, and 3002.
i. In census tract 051309, blocks 1000 through 1016, and 2000 through 2019.
j. In census tract 051310, blocks 1000 through 1033.
k. In census tract 051311, blocks 1000 through 1041, and 2000 through 2008.
l. In census tract 051312, blocks 1000 through 1025, 2019 through 2021, 2035 through 2038, and 2041.
m. In census tract 051313, blocks 1000 through 1028, 2000 through 2044, and 3000 through 3040.
n. In census tract 051314, blocks 1000 through 1035, and 2000 through 2045.
o. In census tract 990000, block 0010.
(39) Thirty-ninth Representative District. —
The Thirty-ninth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050401, blocks 1000 through 1063, and 2000 through 2058.
b. In census tract 050403, blocks 1000 through 1021, and 2000 through 2070.
c. In census tract 050405, blocks 1000 through 1051, and 2000 through 2117.
d. In census tract 050406, blocks 1011 through 1051, 2000 through 2048, 3000 through 3035, and 4000 through 4042.
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e. In census tract 050407, blocks 1021 through 1031, 1033 through 1048, and 3002 through 3037.
f. In census tract 050408, blocks 1024, 2003 through 2028, 2030 through 2034, and 3000 through 3022.
g. In census tract 051701, blocks 2000 through 2018.
h. In census tract 051801, blocks 1000 through 1005, 1008 through 1011, and 2000 through 2007.
(40) Fortieth Representative District. —
The Fortieth Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050601, blocks 2004, 2005, 2011 through 2024, 2030, 3003 through 3007, 3013 through 3027, 3030, 3035,
3037 through 3039.
b. In census tract 051701, blocks 1000 through 1028, 1033 through 1043, 2016, 2019 through 2058, 3000 through 3045.
c. In census tract 051702, blocks 1011, 1012, 1020 through 1026, 1028 through 1035, 1113, 1116, 2000 through 2057, 3000
through 3077.
d. In census tract 051801, blocks 1006, 1007, 1012 through 1036, 2008 through 2032, 3000 through 3024, 4000 through 4041.
e. In census tract 051802, blocks 1000 through 1075, 2000 through 2028, 3000 through 3035.
f. In census tract 051900, blocks 1000 through 1060, 2000 through 2049, 3000 through 3061.
(41) Forty-first Representative District. —
The Forty-first Representative District shall consist of that portion of Sussex County contained in the following census blocks:
a. In census tract 050601, blocks 1001, 1030 through 1032, 1077, 1078, 1082 through 1089, 1091, 1092, 1097, 2000 through 2003,
2006 through 2010, 2025 through 2029, 2031, 3000 through 3002, 3008 through 3012, 3028, 3029, 3031 through 3034, 3036.
b. In census tract 050603, blocks 1000 through 1039, 2000 through 2047.
c. In census tract 050604, blocks 1000 through 1054, 2000 through 2024, 3000 through 3065.
d. In census tract 050703, blocks 1000, 1001, 1003, 1005, 1010, 1011, 1015, 1017, and 2017.
e. In census tract 051302, blocks 1002 through 1016, 1024 through 1030, 1032, 1034 through 1056, 2026 through 2030, 2032
through 2040.
f. In census tract 051308, blocks 2000 through 2021, 3000, 3001, 3003 through 3031.
g. In census tract 051312, blocks 2000 through 2018, 2022 through 2034, 2039, 2040, 2042.
h. In census tract 051400, blocks 1000 through 1039, 2000 through 2037, 3000 through 3049.
i. In census tract 051501, blocks 1000 through 1053, 2000 through 2030.
j. In census tract 051502, blocks 1000 through 1042, 2000 through 2048, 3000 through 3052.
k. In census tract 051701, blocks 1029 through 1032, and 1044.
l. In census tract 051702, blocks 1000 through 1010, 1013 through 1019, 1027, 1036 through 1112, 1114, and 1115.
(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; 83 Del. Laws, c. 258, § 1; 83 Del. Laws, c. 285, § 1.)
Subchapter III
General Assembly Senate Districts
§ 831. Boundaries of the General Assembly Senate Districts.
The boundaries of the General Assembly Senate Districts shall be as set forth in the Final Senate Maps and the Census Block Breakdown
by Senate District with the census tracts and census blocks descriptions published on the General Assembly’s website, and include, by
district, the following census tracts and blocks:
(1) District 01. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 101.04
BlockGroup: 100030101041
1051
BlockGroup: 100030101042
2006 2007 2008 2009 2010
Tract 104
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Title 29 - State Government
BlockGroup: 100030104001
1009 1010 1011 1019 1020 1021
BlockGroup: 100030104002
BlockGroup: 100030104003
3001 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014
3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026
BlockGroup: 100030104004
4003 4004 4005 4006 4007 4008 4019 4020 4021
Tract 105.02
BlockGroup: 100030105021
BlockGroup: 100030105022
BlockGroup: 100030105023
BlockGroup: 100030105024
4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011
4016 4017 4018 4019 4020
BlockGroup: 100030105025
Tract 107.03
Tract 107.04
BlockGroup: 100030107041
1000 1001 1002 1003 1013 1014
BlockGroup: 100030107042
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
2022 2023 2024 2025 2026 2027 2028 2029
BlockGroup: 100030107043
3000 3001 3002 3003 3004 3005 3006 3007
Tract 108
BlockGroup: 100030108001
BlockGroup: 100030108002
BlockGroup: 100030108003
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3015 3016 3017 3018 3019 3020 3021 3022
Tract 109
Tract 11
Tract 110
Tract 111
BlockGroup: 100030111001
1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1065 1066
1067 1068 1069 1070
Tract 117
BlockGroup: 100030117002
2015 2016
BlockGroup: 100030117003
3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018
3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030
3031 3032 3033 3034 3035 3037 3038
Tract 118
BlockGroup: 100030118002
2017 2018 2019
Tract 119
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Title 29 - State Government
BlockGroup: 100030119001
1000 1001 1002 1027
Tract 12
Tract 13
Tract 14
BlockGroup: 100030014001
1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013
1014
Tract 2
BlockGroup: 100030002001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
BlockGroup: 100030002003
3000 3001 3002 3003 3004 3010 3011
BlockGroup: 100030002004
4000
BlockGroup: 100030002006
6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6015
Tract 24
BlockGroup: 100030024001
1002
Tract 28
BlockGroup: 100030028001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1026 1027 1028 1029
1030 1035 1036 1037 1038 1039 1040 1041 1042 1043
Tract 3
BlockGroup: 100030003003
Tract 4
Tract 5
BlockGroup: 100030005003
3001 3002 3003 3009 3010 3011
Tract 111
BlockGroup: 100030111001
1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1065 1066
1067 1068 1069 1070
Tract 117
BlockGroup: 100030117002
2015 2016
BlockGroup: 100030117003
3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018
3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030
3031 3032 3033 3034 3035 3037 3038
Tract 118
BlockGroup: 100030118002
2017 2018 2019
Tract 119
BlockGroup: 100030119001
1000 1001 1002 1027
Tract 12
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Title 29 - State Government
Tract 13
Tract 14
BlockGroup: 100030014001
1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013
1014
Tract 2
BlockGroup: 100030002001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
BlockGroup: 100030002003
3000 3001 3002 3003 3004 3010 3011
BlockGroup: 100030002004
4000
BlockGroup: 100030002006
6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6015
Tract 24
BlockGroup: 100030024001
1002
Tract 28
BlockGroup: 100030028001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1026 1027 1028 1029
1030 1035 1036 1037 1038 1039 1040 1041 1042 1043
Tract 3
BlockGroup: 100030003003
Tract 4
Tract 5
BlockGroup: 100030005003
3001 3002 3003 3009 3010 3011
Tract 5
BlockGroup: 100030005004
Tract 9901
BlockGroup: 100039901000
0004 0005 0006.
(2) District 02. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 105.02
BlockGroup: 100030105024
4012 4013 4014 4015 4021 4022 4023
Tract 107.04
BlockGroup: 100030107041
1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1017
1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028
BlockGroup: 100030107042
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2030 2031
2032 2033 2034 2035 2036
BlockGroup: 100030107043
3008
Tract 108
BlockGroup: 100030108003
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Title 29 - State Government
3014
Tract 151
Tract 152
BlockGroup: 100030152001
1007 1008 1009 1012 1013
BlockGroup: 100030152002
2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
BlockGroup: 100030152003
BlockGroup: 100030152005
5000 5001 5004 5017
Tract 154
Tract 155.02
Tract 156
Tract 158.02
Tract 159
Tract 160
Tract 161
BlockGroup: 100030161001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024
BlockGroup: 100030161002
2000 2009
Tract 163.09
BlockGroup: 100030163092
Tract 163.09
BlockGroup: 100030163092
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2041
Tract 19.02
Tract 2
BlockGroup: 100030002001
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021
BlockGroup: 100030002002
BlockGroup: 100030002003
3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3017 3018
BlockGroup: 100030002004
4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012
BlockGroup: 100030002005
BlockGroup: 100030002006
6011 6012 6013 6014 6016 6017 6018 6019 6020
Tract 29
BlockGroup: 100030029001
1000 1001 1002 1003 1004 1005 1006 1011 1012 1013 1014 1021
BlockGroup: 100030029002
2000 2001 2006 2007 2008 2009 2010 2011 2012 2013
Tract 3
BlockGroup: 100030003001
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Title 29 - State Government
BlockGroup: 100030003002
Tract 30.02
Tract 5
BlockGroup: 100030005001
BlockGroup: 100030005002
BlockGroup: 100030005003
3000 3004 3005 3006 3007 3008
Tract 6.01
Tract 6.02
Tract 9
BlockGroup: 100030009001
1000 1001 1002 1003 1004 1007 1008 1009 1010 1011
BlockGroup: 100030009002
2000 2001
Tract 9801
Tract 9901
BlockGroup: 100039901000
0007 0008 0009 0010 0011 0012 0013.
(3) District 03. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 119
BlockGroup: 100030119001
1017 1030 1031 1036
Tract 122
BlockGroup: 100030122001
BlockGroup: 100030122002
2000 2001 2002 2003 2004 2005 2006
BlockGroup: 100030122003
3000 3001 3008 3009 3010 3011 3012
Tract 123
BlockGroup: 100030123001
1007
BlockGroup: 100030123002
2008 2009 2010 2011 2012 2013 2014 2016
Tract 124
BlockGroup: 100030124001
1000 1001 1002 1003 1004 1007 1008 1009 1010 1011 1012 1013
1014 1015 1016 1034
Tract 125
BlockGroup: 100030125001
BlockGroup: 100030125002
2000 2001 2002 2004
BlockGroup: 100030125003
3000
Tract 129
BlockGroup: 100030129001
BlockGroup: 100030129002
BlockGroup: 100030129003
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
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Title 29 - State Government
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3024 3025 3030 3031 3032 3033
Tract 14
BlockGroup: 100030014001
1000 1001 1015 1016 1017 1018 1019 1020 1021
BlockGroup: 100030014002
Tract 15
Tract 152
BlockGroup: 100030152005
5002 5003 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014
5015 5016 5018 5019 5020 5021 5022
Tract 16
Tract 21
Tract 22
Tract 23
Tract 24
BlockGroup: 100030024001
1000 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012
1013 1014 1015 1016 1017 1018
BlockGroup: 100030024002
BlockGroup: 100030024003
BlockGroup: 100030024004
Tract 25
Tract 26
Tract 27
Tract 28
BlockGroup: 100030028001
1020 1021 1022 1023 1024 1025 1031 1032 1033 1034 1044 1045
1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057
1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069
1070 1071
BlockGroup: 100030028002
Tract 29
BlockGroup: 100030029001
1007 1008 1009 1010 1015 1016 1017 1018 1019 1020 1022 1023
BlockGroup: 100030029002
2002 2003 2004 2005
BlockGroup: 100030029003
BlockGroup: 100030029004
Tract 9
BlockGroup: 100030009001
1005 1006 1012 1013 1014 1015
BlockGroup: 100030009002
2002 2003 2004 2005 2006 2007 2008
BlockGroup: 100030009003.
(4) District 04. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 112.01
BlockGroup: 100030112011
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Title 29 - State Government
1000 1001 1002 1010 1011
BlockGroup: 100030112012
Tract 112.02
BlockGroup: 100030112022
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2026
2027 2028 2029 2030 2031 2032 2033 2034
Tract 116
BlockGroup: 100030116001
BlockGroup: 100030116002
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
2020 2021 2022 2023 2024 2025 2026 2029 2030 2031 2033
Tract 117
BlockGroup: 100030117001
BlockGroup: 100030117002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025
2026 2027
BlockGroup: 100030117003
3000 3001 3002 3003 3004 3015 3016 3036
BlockGroup: 100030117004
Tract 118
BlockGroup: 100030118001
BlockGroup: 100030118002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026
BlockGroup: 100030118003
BlockGroup: 100030118004
Tract 119
BlockGroup: 100030119001
1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014
1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028
1029 1032 1033 1034 1035 1038 1039 1040 1041 1042
BlockGroup: 100030119002
BlockGroup: 100030119003
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3014 3015 3016 3017 3018 3019 3020 3021 3023
Tract 135.01
BlockGroup: 100030135011
BlockGroup: 100030135014
4000 4001 4002 4003 4005 4009 4010 4011 4012 4013 4014 4015
4016
BlockGroup: 100030135015
Tract 135.05
Tract 135.07
Tract 135.08
Tract 136.07
Tract 136.12
BlockGroup: 100030136121
BlockGroup: 100030136122
Page 45
Title 29 - State Government
2000 2001 2003 2004 2005 2006
BlockGroup: 100030136123
Tract 136.13
BlockGroup: 100030136132.
(5) District 05. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 101.04
BlockGroup: 100030101041
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047
1048 1049 1050 1052
BlockGroup: 100030101042
2000 2001 2002 2003 2004 2005 2011 2012
Tract 101.05
Tract 101.06
Tract 102
Tract 103
Tract 104
BlockGroup: 100030104001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 1014
1015 1016 1017 1018
BlockGroup: 100030104003
3000 3002 3003
BlockGroup: 100030104004
4000 4001 4002 4009 4010 4011 4012 4013 4014 4015 4016 4017
4018
Tract 111
BlockGroup: 100030111001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047
1048 1049 1050 1061 1062 1063 1064 1071 1072
Tract 112.01
BlockGroup: 100030112011
1003 1004 1005 1006 1007 1008 1009 1012
Tract 112.02
BlockGroup: 100030112021
BlockGroup: 100030112022
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2023 2024 2025
Tract 112.03
Tract 112.04
Tract 112.05
Tract 112.06
Tract 113
Tract 114
Page 46
Title 29 - State Government
Tract 115
Tract 116
BlockGroup: 100030116002
2000 2001 2002 2003 2004 2005 2006 2007 2027 2028 2032
Tract 9901
BlockGroup: 100039901000
0001 0002 0003.
(6) District 06. —
All that portion of Sussex County described in the following census tracts and blocks:
Tract 501.03
BlockGroup: 100050501031
1005 1006 1007 1008 1009 1010 1011 1020 1021 1022 1023 1024
1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037
1038 1039 1040 1041 1042
Tract 508.01
Tract 508.04
BlockGroup: 100050508041
1000 1001 1002 1003 1005 1006
BlockGroup: 100050508042
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Tract 508.05
BlockGroup: 100050508052
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047
2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2063 2064
2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075
Tract 508.06
Tract 508.07
Tract 508.08
Tract 509.03
Tract 509.04
Tract 509.05
Tract 510.08
Tract 510.09
Tract 510.10
Tract 510.11
Tract 510.12
BlockGroup: 100050510121
1000 1001 1002 1003 1004 1006
Tract 510.13
BlockGroup: 100050510132
2000
Tract 510.15
Tract 510.16
Tract 510.17
Tract 511.01
Tract 511.02
Page 47
Title 29 - State Government
Tract 511.03
Tract 9800
Tract 9900
BlockGroup: 100059900000
0002 0003 0004 0005 0006 0007 0008 0009.
(7) District 7. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 119
BlockGroup: 100030119001
1037
BlockGroup: 100030119003
3012 3013 3022 3024
Tract 120
Tract 121
Tract 122
BlockGroup: 100030122002
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
BlockGroup: 100030122003
3002 3003 3004 3005 3006 3007 3013 3014 3015 3016
BlockGroup: 100030122004
Tract 123
BlockGroup: 100030123001
1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012
1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024
1025 1026 1027 1028
BlockGroup: 100030123002
2000 2001 2002 2003 2004 2005 2006 2007 2015
Tract 124
BlockGroup: 100030124001
1005 1006 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026
1027 1028 1029 1030 1031 1032 1033
BlockGroup: 100030124002
BlockGroup: 100030124003
BlockGroup: 100030124004
Tract 125
BlockGroup: 100030125002
2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
2016
BlockGroup: 100030125003
3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012
3013 3014 3015 3016 3017 3018 3019 3020 3021
BlockGroup: 100030125004
BlockGroup: 100030125005
BlockGroup: 100030125006
Tract 126
Tract 127
BlockGroup: 100030127001
1000 1001 1002 1016 1017
BlockGroup: 100030127003
Page 48
Title 29 - State Government
3003 3007 3008 3009 3010 3011 3012 3013 3014
BlockGroup: 100030127004
4003 4004
BlockGroup: 100030127005
5000 5006 5017 5018
Tract 129
BlockGroup: 100030129003
3026 3027 3028 3029 3034 3035 3036 3037 3038 3039 3040 3041
3042 3043 3044 3045 3046 3047 3048 3049 3054
Tract 130
Tract 131
Tract 132
Tract 133
BlockGroup: 100030133001
BlockGroup: 100030133002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2014 2015 2016
Tract 134
Tract 135.01
BlockGroup: 100030135012
BlockGroup: 100030135013
BlockGroup: 100030135014
4004 4006 4007 4008
Tract 136.12
BlockGroup: 100030136122
2002
Tract 136.13
BlockGroup: 100030136131
BlockGroup: 100030136133
Tract 136.14
BlockGroup: 100030136142
Tract 138
BlockGroup: 100030138003
3002 3003 3004 3005.
(8) District 08. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 135.06
Tract 136.10
Tract 136.11
BlockGroup: 100030136111
BlockGroup: 100030136112
Tract 137
BlockGroup: 100030137003
3012 3013
Tract 142
BlockGroup: 100030142001
1014 1023 1033
Tract 143.01
Tract 143.02
Page 49
Title 29 - State Government
Tract 144.02
Tract 144.03
Tract 144.04
Tract 145.01
Tract 145.02
BlockGroup: 100030145021
1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013
1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029
1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041
1042 1043 1044 1045 1046
BlockGroup: 100030145022
Tract 147.02
BlockGroup: 100030147021
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048
1049
Tract 148.03.
(9) District 09. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 127
BlockGroup: 100030127001
1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014
1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028
BlockGroup: 100030127002
BlockGroup: 100030127003
3000 3001 3002 3004 3005 3006 3015 3016 3017 3018 3019 3020
3021 3022 3023 3024
BlockGroup: 100030127004
4000 4001 4002 4005 4006 4007 4008 4009 4010
BlockGroup: 100030127005
5001 5002 5003 5004 5005 5007 5008 5009 5010 5011 5012 5013
5014 5015 5016 5019 5020 5021 5022 5023 5024 5025 5026 5027
5028 5029 5030 5031
Tract 129
BlockGroup: 100030129003
3050 3051 3052 3053
Tract 133
BlockGroup: 100030133002
2013 2017
Tract 136.04
Tract 136.08
Tract 136.11
BlockGroup: 100030136113
BlockGroup: 100030136114
Tract 136.14
BlockGroup: 100030136141
Tract 136.15
Page 50
Title 29 - State Government
Tract 137
BlockGroup: 100030137001
BlockGroup: 100030137002
BlockGroup: 100030137003
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3014 3015
Tract 138
BlockGroup: 100030138001
BlockGroup: 100030138002
BlockGroup: 100030138003
3000 3001 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015
3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027
3028 3029 3030
Tract 139.01
BlockGroup: 100030139011
1001
Tract 139.05
BlockGroup: 100030139053
3000 3001
Tract 139.06
BlockGroup: 100030139061
1000 1001 1002 1014 1016
Tract 140
Tract 141
Tract 142
BlockGroup: 100030142001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025
1026 1027 1028 1029 1030 1031 1032 1034 1035 1036 1037 1038
1039 1040 1041 1042 1043 1044 1045
Tract 145.02
BlockGroup: 100030145021
1000 1001 1014 1015 1017 1018
Tract 147.03
Tract 147.05
BlockGroup: 100030147051
1000 1001 002a 1003 1007 1009 1010 1013 1014 1015
BlockGroup: 100030147052
2012 2013 2014
BlockGroup: 100030147053
3000 3013 3014 3016 3017 3024 3026
Tract 149.07
BlockGroup: 100030149071
1000 1001 1002
Tract 150
BlockGroup: 100030150003
3015 3016.
(10) District 10. —
All that portion of New Castle County described in the following census tracts and blocks:
Page 51
Title 29 - State Government
Tract 148.11
Tract 148.12
Tract 166.09
BlockGroup: 100030166091
BlockGroup: 100030166092
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
2013 2014 2015
BlockGroup: 100030166093
Tract 166.10
Tract 166.11
BlockGroup: 100030166112
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Tract 166.12
Tract 166.13
Tract 166.14
BlockGroup: 100030166141
BlockGroup: 100030166142
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
2036 2037 2038 2040 2041 2042 2043 2044 2045 2046
BlockGroup: 100030166143
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3021 3022 3023 3024 3025
3026 3027 3031 3032 3033 3034 3035 3036 3037 3038 3039 3044
3045 3046 3047 3048 3051
Tract 168.06
BlockGroup: 100030168061
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1017 1029 1030 1031
BlockGroup: 100030168062
Tract 168.06
BlockGroup: 100030168062
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2025 2026 2027 2030 2032
Tract 168.08
BlockGroup: 100030168082
2008 2009 2011 2012 2013 2014 2023 2025 2026 2027 2028.
(11) District 11. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 139.01
BlockGroup: 100030139011
1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012
1013
BlockGroup: 100030139012
BlockGroup: 100030139013
Tract 139.03
Tract 139.05
Page 52
Title 29 - State Government
BlockGroup: 100030139051
BlockGroup: 100030139052
BlockGroup: 100030139053
3002 3003 3004 3005
Tract 139.06
BlockGroup: 100030139061
1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015
BlockGroup: 100030139062
BlockGroup: 100030139063
Tract 147.02
BlockGroup: 100030147021
1039 1050
Tract 147.05
BlockGroup: 100030147051
002B 1004 1005 1006 1008 1011 1012
BlockGroup: 100030147052
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2015 2016 2017 2018 2019 2020 2021
BlockGroup: 100030147053
3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012
3015 3018 3019 3020 3021 3022 3023 3025
Tract 147.06
Tract 148.08
Tract 148.09
BlockGroup: 100030148094
4000 4005 4006 4023
Tract 148.13
Tract 148.14
Tract 149.03.
(12) District 12. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 148.09
BlockGroup: 100030148091
BlockGroup: 100030148092
BlockGroup: 100030148093
BlockGroup: 100030148095
Tract 148.10
Tract 161
BlockGroup: 100030161001
1025 1026
BlockGroup: 100030161002
2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013
2014 2015 2016 2017 2018 2019 2020 2021 2022
Tract 162
Tract 163.01
BlockGroup: 100030163013
3029 3030 3031 3032 3033 3034
BlockGroup: 100030163014
4007
Page 53
Title 29 - State Government
Tract 163.07
BlockGroup: 100030163071
1022 1023 1025
Tract 163.08
Tract 163.09
BlockGroup: 100030163091
BlockGroup: 100030163092
2035 2036 2037 2038 2039 2040
Tract 164.01
Tract 164.04
Tract 166.08
Tract 166.09
BlockGroup: 100030166092
2000
Tract 166.11
BlockGroup: 100030166111
BlockGroup: 100030166112
2000
BlockGroup: 100030166113
Tract 9901
BlockGroup: 100039901000
0014 0015 0016 0017 0018 0019 0020 0021 0022.
(13) District 13. —
All that portion of New Castle County described in the following census tracts and blocks:
Tract 148.09
BlockGroup: 100030148094
4001 4002 4003 4004 4007 4008 4009 4010 4011 4012 4013 4014
4015 4016 4017 4018 4019 4020 4021 4022 4024 4025
Tract 149.04
Tract 149.06
Tract 149.07
BlockGroup: 100030149071
1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013
BlockGroup: 100030149072
BlockGroup: 100030149073
Tract 149.08
Tract 149.09
Tract 150
BlockGroup: 100030150001
BlockGroup: 100030150002
BlockGroup: 100030150003
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3017 3018 3019 3020
BlockGroup: 100030150004
BlockGroup: 100030150005
Tract 152
BlockGroup: 100030152001
1000 1001 1002 1003 1004 1005 1006 1010 1011
BlockGroup: 100030152002
Page 54
Title 29 - State Government
2000 2001 2003
BlockGroup: 100030152004
BlockGroup: 100030152005
5023 5024 5025 5026 5027 5028 5029 5030
Tract 163.01
BlockGroup: 100030163011
BlockGroup: 100030163012
BlockGroup: 100030163013
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3024 3025 3026 3027 3028 3035 3036 3037 3038 3039 3040 3041
3042 3043 3044 3045 3046 3047 3048
BlockGroup: 100030163014
4000 4001 4002 4003 4004 4005 4006
Tract 163.06
Tract 163.07
BlockGroup: 100030163071
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1026
1027 1028.
(14) District 14. —
All those portions of Kent and New Castle Counties described in the following census tracts and blocks:
Tract 402.01
Tract 402.03
Tract 402.04
Tract 402.05
Tract 402.06
BlockGroup: 100010402061
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047
1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068
1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080
1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1100
1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112
1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1149
1151 1152 1153 1154 1155 1156 1157 1158 1161 1163
Tract 405.01
BlockGroup: 100010405013
3000 3004 3005 3006
Tract 405.02
BlockGroup: 100010405021
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1032 1042
Tract 418.03
BlockGroup: 100010418031
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
Page 55
Title 29 - State Government
1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024
1025 1026 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048
1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1066
1073 1074 1075 1076 1077 1078 1079
Tract 432.02
BlockGroup: 100010432021
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047
1048 1049 1087
Tract 9900
BlockGroup: 100019900000
0001 0002
Tract 166.14
BlockGroup: 100030166142
2039
BlockGroup: 100030166143
Tract 166.14
BlockGroup: 100030166143
3019 3020 3028 3029 3030 3040 3041 3042 3043 3049 3050
Tract 168.05
Tract 168.06
BlockGroup: 100030168061
1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024
1025 1026 1027 1028 1032 1033 1034
BlockGroup: 100030168062
2024 2028 2029 2031 2033 2034 2035 2036 2037 2038
BlockGroup: 100030168063
Tract 168.07
Tract 168.08
BlockGroup: 100030168081
BlockGroup: 100030168082
2000 2001 2002 2003 2004 2005 2006 2007 2010 2015 2016 2017
2018 2019 2020 2021 2022 2024 2029 2030 2031 2032 2033 2034
2035 2036 2037 2038
BlockGroup: 100030168083
BlockGroup: 100030168084
BlockGroup: 100030168085
Tract 169.01
Tract 169.04
Tract 9901
BlockGroup: 100039901000
0023 0024.
(15) District 15. —
All that portion of Kent County described in the following census tracts and blocks:
Tract 401
Tract 402.06
BlockGroup: 100010402061
Page 56
Title 29 - State Government
1048 1049 1050 1051 1052 1053 1054 1055 1056 1081 1082 1083
1084 1085 1086 1098 1099 1124 1125 1126 1127 1128 1129 1130
1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142
1143 1144 1145 1146 1147 1148 1150 1159 1160 1162
Tract 417.01
BlockGroup: 100010417011
1034 1035 1036 1045 1046 1047 1048
BlockGroup: 100010417014
4010 4011 4019 4020 4021 4022 4023 4024
Tract 418.02
BlockGroup: 100010418021
1012 1022 1023 1025 1026 1027 1028 1030 1031 1032 1033 1034
1035 1036 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051
1052 1053 1054 1055 1056
BlockGroup: 100010418023
Tract 418.02
BlockGroup: 100010418023
3004 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016
3017 3018 3019 3020 3021
Tract 418.03
BlockGroup: 100010418031
1012 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037
1038 1072
BlockGroup: 100010418032
Tract 418.04
BlockGroup: 100010418042
Tract 419
Tract 420
Tract 421
BlockGroup: 100010421001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1037 1038 1039 1042 1043 1044 1045 1046 1047
BlockGroup: 100010421002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2028 2029 2030 2031 2032 2048 2049 2050
2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062
2063 2067 2068 2070 2071 2072 2073 2077 2079 2080
Tract 422.05
BlockGroup: 100010422051
1033
Tract 428.01
Tract 428.02
BlockGroup: 100010428021
BlockGroup: 100010428022
2003 2004 2027 2028 2029 2031 2032 2033 2034 2035 2036 2037
2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049
Page 57
Title 29 - State Government
2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061
2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073
2074 2075 2077 2078
BlockGroup: 100010428023
Tract 429
BlockGroup: 100010429001
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1033 1034 1035 1036
1037 1038 1039 1040 1041 1042 1043 1044 1045
BlockGroup: 100010429002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Tract 429
BlockGroup: 100010429002
2012 2013 2014 2015 2017 2018 2019 2020 2021
Tract 430
Tract 431
Tract 434
BlockGroup: 100010434003
3032 3033 3034 3065 3068.
(16) District 16. —
All that portion of Kent County described in the following census tracts and blocks:
Tract 405.02
BlockGroup: 100010405022
2000 2001 2002 2003
Tract 410
BlockGroup: 100010410001
1000 1001 1002 1003 1004 1005 1006 1007 1008
BlockGroup: 100010410003
3000 3001 3002 3003 3004 3005 3006 3016 3017 3018 3019 3020
3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032
3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044
3045 3046 3047 3049
Tract 411.01
Tract 412
Tract 416
Tract 417.02
Tract 421
BlockGroup: 100010421001
1040 1041 1048 1049 1050
BlockGroup: 100010421002
2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
2045 2046 2047 2064 2065 2066 2069 2074 2075 2076 2078
Tract 422.03
Tract 422.04
Tract 422.05
BlockGroup: 100010422051
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
Page 58
Title 29 - State Government
1024 1025 1026 1027 1028 1029 1030 1031 1032 1034
BlockGroup: 100010422052
Tract 422.06
Tract 422.07
Tract 422.08
Tract 428.02
BlockGroup: 100010428022
2000 2001 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
Tract 428.02
BlockGroup: 100010428022
2026 2030 2076
Tract 432.02
BlockGroup: 100010432021
1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061
1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073
1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085
1086
BlockGroup: 100010432022
BlockGroup: 100010432023
BlockGroup: 100010432024
4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011
4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 4024
4025 4026 4027 4031 4032
Tract 434
BlockGroup: 100010434001
BlockGroup: 100010434003
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3026 3027 3028 3029 3030 3031 3035 3066
Tract 9800
Tract 9900
BlockGroup: 100019900000
0003 0004 0005 0006 0007.
(17) District 17. —
All that portion of Kent County described in the following census tracts and blocks:
Tract 405.01
BlockGroup: 100010405011
BlockGroup: 100010405012
BlockGroup: 100010405013
3001 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015
3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027
3028
Tract 405.02
BlockGroup: 100010405021
1028 1029 1030 1031 1033 1034 1035 1036 1037 1038 1039 1040
1041
BlockGroup: 100010405022
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
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Title 29 - State Government
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027
2028 2029 2030 2031
Tract 407
Tract 409
Tract 410
BlockGroup: 100010410001
Tract 410
BlockGroup: 100010410001
1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020
1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032
1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044
1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056
BlockGroup: 100010410002
BlockGroup: 100010410003
3007 3008 3009 3010 3011 3012 3013 3014 3015 3048
Tract 413
Tract 414
Tract 415
Tract 417.01
BlockGroup: 100010417011
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1037 1038
1039 1040 1041 1042 1043 1044
BlockGroup: 100010417012
BlockGroup: 100010417013
BlockGroup: 100010417014
4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4012 4013
4014 4015 4016 4017 4018 4025 4026
Tract 418.02
BlockGroup: 100010418021
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1029 1037
1038 1039 1040 1041
BlockGroup: 100010418022
BlockGroup: 100010418023
3000 3001 3002 3003 3012
Tract 418.03
BlockGroup: 100010418031
1060 1061 1062 1063 1064 1065 1067 1068 1069 1070 1071
Tract 418.04
BlockGroup: 100010418041
BlockGroup: 100010418043
Tract 433.
(18) District 18. —
All those portions of Kent and Sussex Counties described in the following census tracts and blocks:
Tract 425
Tract 429
BlockGroup: 100010429001
Page 60
Title 29 - State Government
1032
BlockGroup: 100010429002
2016 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Tract 429
BlockGroup: 100010429002
2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056
2057 2058 2059
Tract 432.02
BlockGroup: 100010432024
4022 4028 4029 4030 4033
Tract 434
BlockGroup: 100010434002
BlockGroup: 100010434003
3024 3025 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045
3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057
3058 3059 3060 3061 3062 3063 3064 3067
Tract 501.01
Tract 501.03
BlockGroup: 100050501031
1000 1001 1002 1003 1004 1012 1013 1014 1015 1016 1017 1018
1019 1026
BlockGroup: 100050501032
BlockGroup: 100050501033
BlockGroup: 100050501034
Tract 501.04
Tract 501.05
Tract 502
Tract 503.02
Tract 503.03
Tract 503.04
Tract 504.06
BlockGroup: 100050504061
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010
Tract 504.07
BlockGroup: 100050504071
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1032
BlockGroup: 100050504072
2000 2001 2002 2003 2004 2005 2006 2011 2012 2013 2014 2020
2021 2022 2023
Tract 505.01
BlockGroup: 100050505012
BlockGroup: 100050505013
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3014 3015 3016 3017
Tract 505.03
BlockGroup: 100050505032
2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2015
Tract 508.05
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Title 29 - State Government
BlockGroup: 100050508051
1000 1001 1002 1003 1004 1005 1008 1009
Tract 9900
BlockGroup: 100059900000
0001.
(19) District 19. —
All that portion of Sussex County described in the following census tracts and blocks:
Tract 504.07
BlockGroup: 100050504072
2007 2008 2009 2010 2015 2016 2017 2018 2019 2024 2025
BlockGroup: 100050504073
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3024 3025 3026 3030 3031 3032 3033 3034 3035 3036 3037
Tract 504.08
BlockGroup: 100050504081
BlockGroup: 100050504082
2000 2001 2002 2003 2004 2005 2006 2007 2009 2020 2021 2022
2023 2024 2025 2026 2027 2028 2029 2034
BlockGroup: 100050504083
3000
Tract 505.01
BlockGroup: 100050505011
BlockGroup: 100050505013
3012 3013 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027
3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039
3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051
3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063
3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075
3076 3077 3078 3079 3080 3081
Tract 505.03
BlockGroup: 100050505031
BlockGroup: 100050505032
2009 2011 2012 2013 2014 2016 2017 2018 2019 2020 2021 2022
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034
BlockGroup: 100050505033
Tract 505.05
Tract 505.06
Tract 506.01
BlockGroup: 100050506011
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047
1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059
1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071
1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083
1084 1085 1086 1088 1090 1091 1092 1093 1094 1095 1096 1097
1098
BlockGroup: 100050506013
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Title 29 - State Government
3000 3001 3002 3008 3009 3012 3028
Tract 506.03
BlockGroup: 100050506032
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036
2037 2039 2040 2043 2044 2045 2047
Tract 507.01
BlockGroup: 100050507011
1006 1007 1008 1009 1010
BlockGroup: 100050507012
BlockGroup: 100050507013
Tract 507.06
BlockGroup: 100050507061
BlockGroup: 100050507062
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2028 2029 2030 2031 2033 2034 2035 2036
2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048
2049 2050 2051 2052 2053 2054
BlockGroup: 100050507063
Tract 507.07
BlockGroup: 100050507071
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1021 1022 1023 1024 1025 1030
BlockGroup: 100050507072
Tract 507.08
BlockGroup: 100050507081
1000
Tract 507.09
Tract 507.10
Tract 507.11
Tract 508.04
BlockGroup: 100050508041
1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017
1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029
Tract 508.04
BlockGroup: 100050508041
1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040
BlockGroup: 100050508042
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046
Tract 508.05
BlockGroup: 100050508051
1006 1007 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019
1020 1021 1022 1023 1024 1025
BlockGroup: 100050508052
2058 2059 2060 2061 2062
Tract 510.12
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Title 29 - State Government
BlockGroup: 100050510121
1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017
1018 1019 1020 1021 1022 1023
BlockGroup: 100050510122
Tract 510.13
BlockGroup: 100050510131
BlockGroup: 100050510132
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
2013 2014 2015 2016 2017 2018
Tract 510.14.
(20) District 20. —
All that portion of Sussex County described in the following census tracts and blocks:
Tract 506.01
BlockGroup: 100050506011
1087 1089
Tract 506.03
BlockGroup: 100050506031
BlockGroup: 100050506032
2010 2038 2041 2042
Tract 506.04
BlockGroup: 100050506041
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1030 1032 1034 1035 1036 1037 1038 1043 1044
BlockGroup: 100050506042
BlockGroup: 100050506043
Tract 507.01
BlockGroup: 100050507011
1000 1001 1002 1003 1004 1005 1011 1012 1013 1014 1015 1016
1017 1018 1019 1020 1021 1022 1023 1024
Tract 507.03
Tract 507.06
BlockGroup: 100050507062
2032
Tract 507.07
BlockGroup: 100050507071
1017 1018 1019 1020 1026 1027 1028 1029
Tract 507.08
BlockGroup: 100050507081
1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012
1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024
1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036
1037 1038 1039
Tract 512.01
Tract 512.02
Tract 512.03
Tract 512.04
Tract 512.05
Tract 513.02
Tract 513.07
Tract 513.08
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Title 29 - State Government
Tract 513.09
Tract 513.10
Tract 513.11
Tract 513.12
Tract 513.13
Tract 513.14
Tract 514
BlockGroup: 100050514001
1000 1001 1002 1003 1004 1005 1006 1009 1011 1012 1013 1014
1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026
1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038
1039
BlockGroup: 100050514002
BlockGroup: 100050514003
3000 3001 3002 3003 3004 3006 3007 3008 3009 3010 3011 3012
3013 3014 3015 3016 3017 3018 3022 3023 3024 3025 3026 3027
3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039
3040 3041 3042 3043 3044 3045 3046 3047 3048 3049
Tract 515.01
Tract 515.02
BlockGroup: 100050515021
BlockGroup: 100050515022
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
2036 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048
Tract 515.02
BlockGroup: 100050515023
3000 3001 3012 3013
Tract 9900
BlockGroup: 100059900000
0010.
(21) District 21. —
All that portion of Sussex County described in the following census tracts and blocks:
Tract 504.01
Tract 504.03
Tract 504.05
Tract 504.06
BlockGroup: 100050504061
1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022
1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034
1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046
1047 1048 1049 1050 1051
BlockGroup: 100050504062
BlockGroup: 100050504063
BlockGroup: 100050504064
Tract 504.07
BlockGroup: 100050504071
1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1033
1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045
Page 65
Title 29 - State Government
1046 1047 1048
BlockGroup: 100050504073
3027 3028 3029
Tract 504.08
BlockGroup: 100050504082
2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2030
2031 2032 2033
BlockGroup: 100050504083
3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012
3013 3014 3015 3016 3017 3018 3019 3020 3021 3022
Tract 506.01
BlockGroup: 100050506012
BlockGroup: 100050506013
3003 3004 3005 3006 3007 3010 3011 3013 3014 3015 3016 3017
3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3029 3030
3031 3032 3033 3034 3035 3036 3037 3038 3039
Tract 506.03
BlockGroup: 100050506032
2046
Tract 506.04
BlockGroup: 100050506041
Tract 515.02
BlockGroup: 100050515023
3000 3001 3012 3013
Tract 9900
BlockGroup: 100059900000
0010
Tract 504.01
Tract 504.03
Tract 504.05
Tract 504.06
BlockGroup: 100050504061
1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022
1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034
1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046
1047 1048 1049 1050 1051
BlockGroup: 100050504062
BlockGroup: 100050504063
BlockGroup: 100050504064
Tract 504.07
BlockGroup: 100050504071
1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1033
1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045
1046 1047 1048
BlockGroup: 100050504073
3027 3028 3029
Tract 504.08
BlockGroup: 100050504082
2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2030
2031 2032 2033
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Title 29 - State Government
BlockGroup: 100050504083
3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012
3013 3014 3015 3016 3017 3018 3019 3020 3021 3022
Tract 506.01
BlockGroup: 100050506012
BlockGroup: 100050506013
3003 3004 3005 3006 3007 3010 3011 3013 3014 3015 3016 3017
3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3029 3030
3031 3032 3033 3034 3035 3036 3037 3038 3039
Tract 506.03
BlockGroup: 100050506032
2046
Tract 506.04
BlockGroup: 100050506041
1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024
Tract 506.04
BlockGroup: 100050506041
1025 1026 1027 1028 1029 1031 1033 1039 1040 1041 1042 1045
1046 1047 1048 1049 1050 1051 1052 1053 1054
Tract 514
BlockGroup: 100050514001
1007 1008 1010
BlockGroup: 100050514003
3005 3019 3020 3021
Tract 515.02
BlockGroup: 100050515022
2037
BlockGroup: 100050515023
3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015
3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027
3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039
3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051
3052
Tract 517.01
Tract 517.02
Tract 518.01
Tract 518.02
Tract 519.
(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; 83 Del. Laws, c. 258, § 1; 83 Del. Laws, c. 285, § 2.)
Subchapter IV
Effectuation
§ 841. Filing of maps.
Maps of the several representative and senatorial districts shall be prepared by the Department of Elections. The maps shall be certified
as to correctness by the President of the State Board of Elections and the State Election Commissioner and recorded in the offices of
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Title 29 - State Government
the recorder of deeds for the respective counties. Two true and correct copies of these maps shall also be filed, within 10 business days
of becoming final, in the offices of the State Department of Elections and provided to 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; 83
Del. Laws, c. 258, § 1; 83 Del. Laws, c. 285, § 3.)
§ 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.)
§ 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.)
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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.
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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.)
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§ 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.)
§ 914. Procedure for notice to the public of a proposed amendment to the Delaware Constitution
[Contingent upon fulfillment of 83 Del. Laws, c. 217, § 2].
(a) For purposes of this section:
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(1) “Newspaper of general circulation” means a newspaper that meets all of the following:
a. Is published at least on a weekly basis.
b. Is distributed throughout a county.
c. Is published in the language most commonly spoken in the area in which it circulates.
(2) “Newspaper of general circulation” does not include any of the following:
a. A newspaper intended primarily for members of a particular professional or occupational group.
b. A newspaper whose primary function is to carry legal notices.
(3) “Proposed amendment” means the full text of the legislation proposing an amendment to the Delaware Constitution.
(b) The notice required for a proposed amendment under § 1 of Article XVI of the Delaware Constitution must occur as follows:
(1) The proposed amendment must be published not more than 120 days before the next general election and not less than 90 days
before the next general election in at least 1 newspaper of general circulation in each county.
(2) The proposed amendment must be posted for at least the 90 days before the next general election prominently on the Department
of Election’s and General Assembly’s websites.
(c) The individual responsible for ensuring dissemination of the proposed amendment under subsection (b) of this section is as follows:
(1) The Secretary of the Senate, for an amendment proposed by a Senate bill.
(2) The Chief Clerk of the House of Representatives, for an amendment proposed by a House bill.
(d) The Secretary of the Senate, Chief Clerk of the House of Representatives, State Election Commissioner, and Director of the Division
of Research shall review and approve the notice to be disseminated under subsection (b) of this section.
(e) (1) The individual responsible for dissemination under subsection (c) of this section shall provide immediate notice of doing so
to all of the following:
a. The Governor.
b. The members of the General Assembly.
c. The Director and Legislative Librarian of the Division of Research of Legislative Council.
d. The State Archivist and Records Administrator.
(2) The notice provided under paragraph (e)(1) of this section must include all of the following:
a. A list of the newspapers in which the publication of the proposed amendment required under paragraph (b)(1) of this section
occurred and the date of publication in those newspapers.
b. The place within the websites in which the posting required under paragraph (b)(2) of this section is to be found and the date
of the posting.
(83 Del. Laws, c. 217, § 1.)
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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 any of the following apply:
(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.
(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.
(3) A person required to register as a lobbyist under Chapter 58 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; 83 Del. Laws, c. 283, § 41.)
§ 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
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.)
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§ 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.)
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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;
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(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) (1) The Council shall appoint a Controller General who, primarily, shall work with and assist the General Assembly’s Joint Finance
Committee and Joint Committee on Capital Improvement.
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(2) The Council shall provide for additional employees, including a Deputy Controller General, as may be necessary to enable the
Controller General to perform the functions assigned under this section or other law of this State.
(b) (1) If the Controller General dies, resigns, or is removed, the Deputy Controller General serves as Acting Controller General until
the Council appoints a Controller General.
(2) The Controller General may, during an absence from the State, appoint the Deputy Controller General to serve as Acting Controller
General during the Controller General’s absence.
(3) The Controller General or Council may appoint the Deputy Controller General to serve as Acting Controller General when the
Controller General is temporarily incapacitated.
(c) (1) The Controller General shall do all of the following:
a. Participate in any or all hearings held by the Joint Finance Committee the Joint Committee on Capital Improvement, 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.
b. Prepare fiscal projections under Chapter 19 of this title.
c. Prepare fee impact statements under § 913 of this title.
d. Perform other duties as may be assigned or delegated by the Council.
(2) The Controller General may do all of the following:
a. Access records of all state agencies. A state agency shall provide the access requested by the Controller General.
b. Request from a state agency all reasonable information and data as directed by the Joint Finance Committee or Joint Committee
on Capital Improvement to assist the General Assembly in the effective discharge of its state financial responsibilities. A state agency
shall provide information and data requested by the Controller General.
(d) The Controller General may perform management and program reviews. Management and program reviews include any analyses
necessary to determine operational efficiency and effectiveness, compliance with the laws of this State, and legislative intent.
(e) The Controller General, Deputy Controller General, and any other individuals employed to assist the Controller General shall
receive compensation, including salaries and other necessary expenses, as 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); 83 Del. Laws, c. 274, § 1.)
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
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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
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:
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(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:
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.)
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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.)
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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.
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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.)
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§ 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.)
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§ 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.
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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.)
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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
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Title 29 - State Government
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.)
§ 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.)
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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.)
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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.)
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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.)
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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.)
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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
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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.)
§ 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.)
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Title 29 - State Government
§ 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 [Repealed].
(70 Del. Laws, c. 587, § 42; repealed by 83 Del. Laws, c. 377, § 20, effective Aug. 1, 2022.)
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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
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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
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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. The Attorney General shall not have this right of
access for purposes of discovery in any civil actions brought by or on the relation of the Attorney General other than for the books, papers,
records, and documents of the Department of Justice.
(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; 83 Del. Laws, c. 424, §
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;
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(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;
(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.
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(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.)
§ 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.)
§ 2512A. False Claims and Affirmative Litigation Fund.
(a) All money received by the State as a result of civil actions brought by the Attorney General (or in the name of the State) pursuant
to Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, or pursuant to a written agreement by the Attorney General
in settlement of the State’s claims under Chapter 12 of Title 6, Chapter 71 of Title 10, and Chapter 15 of Title 11, shall be credited by the
State Treasurer to a fund to be known as the “False Claims and Affirmative Litigation Fund.”
(b) Money in the False Claims and Affirmative Litigation Fund shall be used for the payment of expenses incurred by the Department of
Justice in connection with activities under Chapter 12 of Title 6, Chapter 71 of Title 10, § 1505 of Title 11 or, if approved by the Director
of the Office of Management and Budget and the Controller General, for other Department of Justice expenses resulting from General
Fund deficits. At the end of any fiscal year, if the balance in the False Claims Fund exceeds $3,000,000, the excess shall be withdrawn
from the False Claims and Affirmative Litigation Fund and deposited in the General Fund.
(c) The Attorney General is authorized to expend from the False Claims and Affirmative Litigation Fund such moneys as are necessary
for the payment of salaries, costs, expenses, and charges incurred in the investigation, preparation, institution, and maintenance of false
claims and other affirmative civil actions brought on behalf of the State, and the maintaining of electronic discovery resources for the
Department of Justice or other state agencies. The State Solicitor shall have the authority, under the direction of the Attorney General, to
maintain and supervise the deposits and expenditures into and out of the False Claims and Affirmative Litigation Fund.
(d) When the State or agencies thereof, public bodies or subdivisions of the State, or qui tam plaintiffs are due a portion of the funds in
the False Claims and Affirmative Litigation Fund as a result of a right to restitution, a right to reimbursement, or the operation of § 1205
of Title 6, the Attorney General is authorized to approve release of such funds to the appropriate fund, entity, or recipient.
(83 Del. Laws, c. 54, § 99.)
§ 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.
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(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.
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
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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;
(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.
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(b) The scope of 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 the State, except for matters covered
by § 1014 of Title 26, but only as they relate to community-owned energy generating facilities.
(77 Del. Laws, c. 282, § 2; 83 Del. Laws, c. 178, § 6.)
§ 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
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.
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(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.
(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.
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(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;
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.
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(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
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
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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:
(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.
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(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
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.
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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
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:
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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.
(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.
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(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
(82 Del. Laws, c. 239, § 2.)
§ 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.)
§ 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) a. Investigate all use of deadly force incidents by law enforcement and use of force incidents by law enforcement that result
in serious physical injury, as defined in § 222 of Title 11, for the purpose of determining whether such use of force was justified as
a matter of law.
b. For informational purposes and to facilitate data-tracking, if a public report is issued by the Division on law enforcement’s
use of deadly force or use of force which results in serious physical injury, as defined in § 222 of Title 11, the public report must
include all of the following:
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1. The race of the law-enforcement officer who used force.
2. The race of the individual on whom force was used.
3. Whether race was found to be a relevant or motivating factor in the use of force.
(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; 83 Del. Laws, c. 264, § 1.)
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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.)
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§ 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
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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;
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(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:
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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.
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(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 [Effective until fulfillment of 83 Del. Laws, c. 405, § 4].
(a) Establishment; purposes. — There is hereby established the Plans Management Board (the “Board” ). The Board’s purpose shall be
to administer the DE529 Education Savings 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:
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a. The State Treasurer.
b. The Secretary of Finance.
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 DE529 Education Savings 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
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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.
(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; 83 Del. Laws, c. 413, § 9.)
§ 2722. Plans Management Board [Effective upon fulfillment of 83 Del. Laws, c. 405, § 4].
(a) Establishment; purposes. #
The Plans Management Board is established. The Board’s purpose is to administer the Delaware DE529 Education Savings 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, the Deferred Compensation Program established pursuant to Chapter 60A of this title, and the
Expanding Access for Retirement and Necessary Saving Program (EARNS) established pursuant to Chapter 38 of Title 19 (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.
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, and the EARNS Program, (Programs) the Board,
its subcommittees, and each of their members shall discharge their duties with respect to the Programs solely in the interest of the
participants and beneficiaries of the Programs and for the exclusive purpose of providing Programs’ benefits to the participants and their
beneficiaries, including defraying reasonable expenses of administering the Programs, 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 Programs.
(2) With respect to the DE529 Education Savings 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
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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.
(9) Assume the powers and duties of the Delaware EARNS Program Board established under Chapter 38 of Title 19.
(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.
(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; 83 Del. Laws, c. 413, § 9; 83 Del. Laws, c. 405, §
2.)
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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
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(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.)
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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.
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(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.)
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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:
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(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.)
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Part IV
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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.)
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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.
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Part IV
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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.)
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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.
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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.)
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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.)
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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
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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.)
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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.)
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Part IV
State Agencies and Offices Not Created by Constitution
Chapter 41
Racial Equity Consortium [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, § 2]
(83 Del. Laws, c. 419, § 1.)
§ 4101. Racial Equity Consortium; establishment and purpose [Expires August 30, 2027, pursuant to 83 Del.
Laws, c. 419, § 2].
The Racial Equity Consortium (“Consortium”) is created. The Consortium shall coordinate efforts to identify and remove systemic
inequities that impact people of color in this State.
(83 Del. Laws, c. 419, § 1.)
§ 4102. Consortium’s duties [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, § 2].
The Consortium shall do all of the following:
(1) Consider and work to implement the recommendations contained in the final report of the African American Task Force, which
was created by 82 Del. Laws, c. 243, § 39.
(2) Provide advice and support to state agencies regarding the state agencies’ role in identifying and eliminating disparities and
inequities experienced by persons of color in this State.
(3) Facilitate collaborative partnerships between government agencies, nonprofit agencies, private sector agencies, and all other
interested parties and organizations to eliminate racial inequities and disparities in this State.
(4) Recommend legislation and regulations to address inequities and disparities experienced by persons of color in this State.
(83 Del. Laws, c. 419, § 1.)
§ 4103. Consortium membership; term of office [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419,
§ 2].
(a) The Consortium is composed of the following members, or a designee selected by a member serving by virtue of position:
(1) The following members, who are voting members of the Consortium:
a. Two members, appointed by the Speaker of the House of Representatives.
b. Two members, appointed by the President Pro Tempore of the Senate.
c. The President of Delaware State University.
d. The President of the NAACP of Delaware.
e. The President of the Delaware chapter of the National Coalition of 100 Black Women.
f. The President of the Metropolitan Wilmington Urban League.
g. Five members of the public with relevant knowledge and experience in racial equity issues, appointed by the Governor.
(2) The following ex-officio members, who are nonvoting members of the Consortium:
a. The Director of Statewide Equity Initiatives.
b. One representative of the Office of Supplier Diversity, appointed by the Secretary of the Department of State.
c. One representative of the Bureau of Health Equity, appointed by the Secretary of the Department of Health and Social Services.
d. The Secretary of the Department of Labor.
e. The Commissioner of the Department of Correction.
f. The Secretary of the Department of Education.
g. The Secretary of the Department of Services for Children, Youth and Their Families.
h. The Director of the Delaware State Housing Authority.
i. The Attorney General.
j. The Chief Diversity Officer of the Division of Human Resources.
(b) A member appointed to the Consortium serves at the pleasure of the individual or entity that appointed the member.
(c) A member of the Consortium with the ability to designate another individual to attend a Consortium meeting shall provide the
designation in writing to the chair and vice chair. An individual attending a meeting for a member as a designee has the same duties
and rights as the member.
(83 Del. Laws, c. 419, § 1.)
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§ 4104. Consortium chair and vice chair; appointment and duties [Expires August 30, 2027, pursuant to 83
Del. Laws, c. 419, § 2].
(a) The Governor shall appoint from among the voting members of the Consortium a chair and vice chair, to serve at the pleasure
of the Governor.
(b) The chair and vice chair of the Consortium shall guide the administration of the Consortium by doing, at a minimum, all of the
following:
(1) Set the date, time, and place for meetings of the Consortium.
(2) Supervise the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Consortium.
(3) Preside over meetings of the Consortium.
(4) Maintain order during a meeting of the Consortium and decide all questions of order.
(83 Del. Laws, c. 419, § 1.)
§ 4105. Quorum; vote required for action; rulemaking authority [Expires August 30, 2027, pursuant to 83
Del. Laws, c. 419, § 2].
(a) A quorum of the Consortium is a majority of the voting members of the Consortium.
(b) The Consortium acts by a vote of the majority of the voting members of the Consortium.
(c) The Consortium may adopt rules to carry out the purpose and duties of the Consortium, including to do all of the following:
(1) Establish committees for the Consortium.
(2) Provide for the election of officers of the Consortium, other than the chair and vice chair appointed under § 4104 of this title.
(83 Del. Laws, c. 419, § 1.)
§ 4106. Consortium staffing and funding [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, § 2].
(a) Delaware State University shall provide staff support for the Consortium. The staff is to be managed by the Director of the Racial
Equity Consortium from Delaware State University’s Global Institute for Equity, Inclusion, and Civil Rights, who must be approved by
the chair and vice chair of the Consortium.
(b) The General Assembly shall include in the annual appropriations act a line item allocation of funding to the Consortium to support
the operational services, research, and analysis carried out by Delaware State University.
(83 Del. Laws, c. 419, § 1.)
§ 4107. Consortium report [Expires August 30, 2027, pursuant to 83 Del. Laws, c. 419, § 2].
(a) The Consortium shall, at least biennially, issue a report to the Governor and the General Assembly on the status of persons of color
in this State and progress in eliminating inequities and disparities experienced by persons of color.
(b) The Consortium shall deliver a copy of the report required under subsection (a) of this section to all of the following:
(1) The Governor.
(2) The President Pro Tempore of the Senate, for distribution to all members of the Senate.
(3) The Speaker of the House of Representatives, for distribution to all members of the House of Representatives.
(4) The Director and the Librarian of the Division of Research of Legislative Council.
(5) The Director of the Public Archives.
(83 Del. Laws, c. 419, § 1.)
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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 [Effective until Aug. 1, 2023].
(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.)
§ 4301. Commission as a notary public; qualifications; oath; denial of, refusal to renew, revocation of,
suspension of, or condition on commission; no immunity or benefit [Effective Aug. 1, 2023].
(a) In addition to an individual authorized to be appointed under §§ 4303 through 4306 of this title, an individual qualified under
subsection (b) of this section may apply to the Governor for a commission as a notary public. The individual applying for the commission
shall comply with and provide the information required by regulations adopted by the Governor and pay the fee required under § 4307(a)
of this title. The Governor may delegate the Governor’s duties under this chapter to the Secretary of State.
(b) An individual applying for a commission as a notary public must meet all of the following:
(1) Be at least 18 years of age.
(2) Be a citizen or permanent legal resident of the United States.
(3) Be a resident of or have a place of employment or practice in this State.
(4) Be able to read and write English.
(5) Not be disqualified to receive a commission under § 4334 of this title.
(6) Comply with other requirements established by the Secretary of State by regulation as necessary to ensure the competence,
integrity, and qualifications of a notary public and the proper performance of notarial acts.
(c) (1) A nonresident individual who seeks a commission as a notary public shall include in the individual’s application a residential
address and the address of the individual’s place of employment or practice in this State.
(2) Service of process, subpoenas, and other documents on a nonresident individual who is a notary public may be made personally
or by leaving them with any person of suitable age and discretion at the individual’s place of employment or practice in this State.
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Substituted service is effectual if served on the Secretary of State, under § 376(b) of Title 8 if the place of employment or practice has
been closed or the individual ceases to be regularly employed or regularly practice at the filed place of employment or practice address.
The Secretary of State shall forward documents received under this paragraph (c)(2) to the individual at the filed residential address.
(3) An individual appointed under this section shall notify the Secretary of State of a change of address within 30 days of the change.
An address required under this subsection must include a street address.
(d) (1) Before issuance of a commission as a notary public, an individual applying for a commission shall execute an oath of office
and submit it to the Secretary of State as required under § 4308 of this title.
(2) On compliance with this section, the Governor shall issue a commission as a notary public to an individual for the term under
§ 4307(a) of this title.
(3) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide
the notary public any immunity or benefit conferred by law of this State on public officials or employees.
(4) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for cause,
including under § 4334 of this title.
(e) The Secretary of State may promulgate regulations or establish additional standards and guidelines governing applications,
registrations, appointments, and the conduct of notaries public.
(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; 83 Del. Laws, c. 425, § 1.)
§ 4302. Appointment of electronic notaries; term [Repealed effective Aug. 1, 2023].
(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
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
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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.)
§ 4302. Appointment of electronic notaries; term [Repealed effective Aug. 1, 2023].
(76 Del. Laws, c. 253, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 165, § 3; repealed by 83 Del. Laws, c. 425, § 2, effective
Aug. 1, 2023.)
§ 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
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.)
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§ 4306. Appointment of notaries for certain service organizations; limited governmental notaries;
limitations [Effective until Aug. 1, 2023].
(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.)
§ 4306. Appointment of notaries for certain service organizations; limited governmental notaries;
limitations [Effective Aug. 1, 2023].
(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) On the request of the administrative head of a qualified police agency, the Governor shall appoint a sufficient number of limited
governmental notaries public as may be requested by the administrative head to facilitate the law-enforcement responsibilities of the
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qualified police agency. The appointment is to be for a term of 2 years, without charge to the appointee, administrative head, or police
agency. For purposes of this section, a “qualified police agency” means a state, county, municipal, or local governmental agency or unit
of this State whose personnel includes 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.
(d) (1) The Governor may appoint as a limited governmental notary public an individual who otherwise meets the requirements of §
4301(b) of this title if all of the following apply:
a. The individual is an employee of a state governmental agency or unit or an employee of a qualified police agency.
b. The individual submits all of the following forms to be established by the Secretary:
1. An application form completed by the individual.
2. An employer request and approval form.
(2) a. An appointment under paragraph (d)(1) of this section expires on the end of the individual’s employment with a state
governmental agency or unit or qualified police agency and is to be made without charge to the appointee or the agency or unit or
qualified police agency.
b. An individual appointed under paragraph (d)(1) of this section may not do any of the following:
1. Perform a notarial act other than a notarial act authorized by the individual’s state governmental agency or unit or qualified
police agency.
2. Charge for a service rendered.
c. Except for the expiration date statement, which must state “My Commission expires upon office” , the individual’s official
stamp must comply with § 4330 of this title.
d. If the individual transfers employment to another state governmental agency or unit or qualified police agency, the individual
shall notify the Secretary of State of the transfer within 30 days. The individual may retain the appointment only if the individual
provides to the Secretary of State an employer request and approval form from the agency or unit or qualified police agency to which
the individual 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; 83 Del. Laws, c. 425, § 3.)
§ 4307. Term of office; fees; resignation [Effective until Aug. 1, 2023].
(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.)
§ 4307. Term of office; fees; resignation [Effective Aug. 1, 2023].
(a) An individual is to be initially commissioned as a notary public for a term of 2 years. A notary public who wishes to renew the notary
public’s commission may request a 2-year reappointment or a 4-year reappointment. An individual must pay a nonrefundable application
fee of $60 for a 2-year term or $90 for a 4-year term.
(b), (c) [Repealed.]
(d) A notary public who wishes to resign from office or who no longer meets the qualifications for a commission during the notary’s
term of office shall immediately mail or deliver the official commission to the Secretary of State, who shall cancel the same.
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(e) [Repealed.]
(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, the person is 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; 83 Del. Laws, c. 425, § 4.)
§ 4308. Oath [Effective until Aug. 1, 2023].
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.)
§ 4308. Oath of office [Effective Aug. 1, 2023].
A notary public shall take and subscribe the oath or affirmation prescribed by Article XIV of the Constitution of this State. A notary
public is exempt from the recordation of the oath of office prescribed by § 9605(a) of Title 9. A notary public may not perform notarial acts
until a copy of the fully executed oath is received by the Secretary of State in an electronic or paper document format deemed acceptable
by the Secretary of State.
(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; 83 Del. Laws, c. 425, § 5.)
§ 4309. Seal and powers [Repealed effective Aug. 1, 2023].
(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.)
§ 4309. Seal and powers [Repealed effective Aug. 1, 2023].
(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; repealed by 83 Del. Laws, c. 425, § 6, effective Aug. 1, 2023.)
§ 4310. Engraving of seal; effect of use of nonconforming seal; electronic notarial seal; notary’s official
signature; electronic signature [Repealed effective Aug. 1, 2023].
(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.”
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(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.)
§ 4310. Engraving of seal; effect of use of nonconforming seal; electronic notarial seal; notary’s official
signature; electronic signature [Repealed effective Aug. 1, 2023].
(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; repealed by 83 Del. Laws, c. 425, § 7, effective Aug. 1, 2023.)
§ 4311. Fees for services [Effective until Aug. 1, 2023].
(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.)
§ 4311. Fees for services [Effective Aug. 1, 2023].
(a) The maximum fee a notary public may charge for a notarial act performed with respect to a tangible record is $5.00.
(b) The maximum fee a notary public may charge for a notarial act performed with respect to an electronic record is $25.
(c) The fees prescribed in this section are the maximum fees to be charged by a notary public and, on violation of this section, the
Secretary of State may revoke the commission of the notary public and the notary public may not be reappointed within a period of 2 years.
(d) A notary public may choose to waive any fee for any notarial act.
(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; 83 Del. Laws, c. 425, § 8.)
§ 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
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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 [Effective until Aug. 1, 2023].
(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.)
§ 4313. Commission; signature of Governor; seal [Effective Aug. 1, 2023].
(a) The commission appointing a notary public must be in a form as the Secretary of State designates and must be executed by the
Governor and the Secretary of State. The signatures required by this subsection may be satisfied by an electronic or a facsimile signature
which may be engraved, printed, or stamped on the commission.
(b) The impression of the Great Seal of the State, or a facsimile of the Great Seal, must be engraved or printed on the commission.
(29 Del. C. 1953, § 4312; 55 Del. Laws, c. 66; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 8; 83 Del. Laws, c. 425, § 9.)
§ 4314. Official electronic journal of notarial acts [Repealed effective Aug. 1, 2023].
(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.)
§ 4314. Official electronic journal of notarial acts [Repealed effective Aug. 1, 2023].
(76 Del. Laws, c. 253, § 1; repealed by 83 Del. Laws, c. 425, § 10, effective Aug. 1, 2023.)
Subchapter II
Notarial Acts [Effective until Aug. 1, 2023].
§ 4321. Definitions [Effective until Aug. 1, 2023].
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.
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(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.
(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.
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(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 [Effective until Aug. 1, 2023].
(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;
(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 [Effective until Aug. 1, 2023].
(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 [Effective until Aug. 1, 2023].
(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.
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(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 [Effective until Aug. 1, 2023].
(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.)
§ 4326. Foreign notarial acts [Effective until Aug. 1, 2023].
(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 [Effective until Aug. 1, 2023].
(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
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(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 [Effective until Aug. 1, 2023].
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 ....................................
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)
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(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 [Effective until Aug. 1, 2023].
(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.)
Subchapter II
Revised Uniform Law on Notarial Acts [Effective Aug. 1, 2023].
(83 Del. Laws, c. 425, § 11.)
§ 4315. Short title [Effective Aug. 1, 2023].
This subchapter may be cited as the “Revised Uniform Law on Notarial Acts.”
(83 Del. Laws, c. 425, § 11.)
§ 4316. Definitions [Effective Aug. 1, 2023].
For purposes of this chapter:
(1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the
purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper
authority and signed it as the act of the individual or entity identified in the record.
(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
(3) “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and
executed or adopted by an individual with the intent to sign the record.
(4) “In a representative capacity” means acting as 1 of the following:
a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
c. An agent or attorney-in-fact for a principal.
d. An authorized representative of another in any other capacity.
(5) a. “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may
perform under the law of this State.
b. “Notarial act” includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or
affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
(6) “Notarial officer” means a notary public or other individual authorized to perform a notarial act.
(7) “Notary public” means an individual commissioned to perform a notarial act under subchapter I of Chapter 43 of this title.
(8) “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or
logically associated with an electronic record.
(9) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal
or commercial entity.
(10) “Record” 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.
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(11) “Sign” means, with present intent to authenticate or adopt a record, to do any of the following:
a. Execute or adopt a tangible symbol.
b. Attach to or logically associate with the record an electronic symbol, sound, or process.
(12) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
(13) “Stamping device” means any of the following:
a. A physical device capable of affixing to or embossing on a tangible record an official stamp.
b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory
or insular possession subject to the jurisdiction of the United States.
(15) “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notarial officer,
that a statement in a record is true.
(63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 72 Del. Laws, c. 65, § 8; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, §
11.)
§ 4317. Authority to perform notarial act [Effective Aug. 1, 2023].
(a) A notarial officer may perform a notarial act authorized by this subchapter or by law of this State other than this subchapter.
(b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party or in
which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(c) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
(83 Del. Laws, c. 425, § 11.)
§ 4318. Requirements for certain notarial acts [Effective Aug. 1, 2023].
(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of
the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed
and that the signature on the record is the signature of the individual.
(b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or
satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the
identity claimed and that the signature on the statement verified is the signature of the individual.
(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the
identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true,
and accurate transcription or reproduction of the record or item. A notarial officer may not attest to a copy of an official or public record
that must be certified by a public official.
(e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in § 3-505 of Title 6.
(63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 72 Del. Laws, c. 65, § 9; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, §
11.)
§ 4319. Personal appearance required [Effective Aug. 1, 2023].
Except as provided under § 4320 of this title, if a notarial act relates to a statement made in or a signature executed on a record, the
individual making the statement or executing the signature shall appear personally before the notarial officer.
(83 Del. Laws, c. 425, § 11.)
§ 4320. Notarial act performed for remotely located individual [Effective Aug. 1, 2023].
(a) For purposes of this section:
(1) “Communication technology” means an electronic device or process that does both of the following:
a. Allows a notarial officer and a remotely located individual to communicate with each other simultaneously by sight and sound.
b. When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who
has a vision, hearing, or speech impairment.
(2) “Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
(3) “Identity proofing” means a process or service by which a third person provides a notarial officer with a means to verify the
identity of a remotely located individual by a review of personal information from public or private data sources.
(4) “Outside the United States” means a location outside the geographic boundaries of the United States, Puerto Rico, the United
States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.
(5) “Remotely located individual” means an individual who is not in the physical presence of the notarial officer who performs a
notarial act under subsection (c) of this section.
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(b) A remotely located individual may comply with § 4319 of this title by using communication technology to appear before a notarial
officer.
(c) A notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual
if all of the following apply:
(1) The notarial officer has 1 or more of the following:
a. Personal knowledge under § 4321(a) of this title of the identity of the remotely located individual.
b. Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing
before the notarial officer under § 4321(b) of this title or this section.
c. Obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity
proofing.
(2) The notarial officer is able reasonably to confirm that a record before the notarial officer is the same record in which the remotely
located individual made a statement or on which the individual executed a signature.
(3) The notarial officer, or a person acting on behalf of the notarial officer, creates an audio-visual recording of the performance
of the notarial act.
(4) For a remotely located individual located outside the United States, all of the following apply:
a. Any of the following apply:
1. The record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity
subject to the jurisdiction of the United States.
2. The record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially
connected with the United States.
b. The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located
individual is located.
(d) A notarial officer located in this State may use communication technology under subsection (c) of this section to take an
acknowledgment of a signature on a tangible record physically present before the notarial officer if the record is displayed to and identified
by the remotely located individual during the audio-visual recording under paragraph (c)(3) of this section.
(e) The requirement under paragraph (c)(2) of this section for the performance of a notarial act with respect to a tangible record not
physically present before the notarial officer is satisfied if all of the following apply:
(1) The remotely located individual does all of the following:
a. During the audio-visual recording under paragraph (c)(3) of this section, signs all of the following:
1. The record.
2. A declaration, in substantially the following form, that is part of or securely attached to the record:
I declare under penalty of perjury that the record of which this declaration is a part or to which it is attached is the same
record on which (name of notarial officer), a notarial officer, performed a notarial act and before whom I appeared by means
of communication technology on (date).
-----------------------------------------Signature of remotely located individual
--------------------------------------------Printed name of remotely located individual
b. Sends the record and declaration to the notarial officer not later than 3 days after the notarial act was performed.
(2) The notarial officer does all of the following:
a. In the audio-visual recording under paragraph (c)(3) of this section, records the individual signing the record and declaration.
b. After receipt of the record and declaration from the individual, executes a certificate of notarial act under § 4328 of this title,
which must include a statement in substantially the following form:
I (name of notarial officer) witnessed, by means of communication technology, (name of remotely located individual) sign the
attached record and declaration on (date).
(f) A notarial act performed in compliance with subsection (e) of this section complies with § 4328(a)(1) of this title and is effective
on the date the remotely located individual signed the declaration under paragraph (e)(1)a.2. of this section.
(g) Subsection (e) of this section does not preclude use of another procedure to satisfy paragraph (c)(2) of this section for a notarial
act performed with respect to a tangible record.
(h) A notarial officer located in this State may use communication technology under subsection (c) of this section to administer an oath
to a remotely located individual if, except as otherwise provided by other law of this State, the notarial officer does all of the following:
(1) Identifies the individual under paragraph (c)(1) of this section.
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(2) Creates or causes the creation under paragraph (c)(3) of this section of an audio-visual recording of the individual taking the oath.
(3) Retains or causes the retention under subsection (k) of this section of the recording.
(i) If a notarial act is performed under this section, the certificate of notarial act under § 4328 of this title and the short-form certificate
under § 4329 of this title must indicate that the notarial act was performed using communication technology.
(j) A short-form certificate under § 4329 of this title for a notarial act subject to this section is sufficient if it does any of the following:
(1) Complies with regulations adopted under paragraph (m)(1) of this section.
(2) Is in the form under § 4329 of this title and contains a statement in substantially the following form:
This notarial act involved the use of communication technology.
(k) A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer
shall retain the audio-visual recording created under paragraph (c)(3) of this section or cause the recording to be retained by a repository
designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under
paragraph (m)(4) of this section, the recording must be retained for a period of at least 10 years.
(l) (1) Before a notarial officer performs the notarial officer’s initial notarial act under this section, the notarial officer shall do all of
the following:
a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to remotely located individuals.
b. Identify for the Secretary of State the technologies the notarial officer intends to use.
(2) If the Secretary of State has established standards under subsection (m) of this section and § 4338 of this title for approval of
communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.
(m) In addition to adopting regulations under § 4338 of this title, the Secretary of State may adopt regulations under this section
regarding performance of a notarial act. The regulations may do any of the following:
(1) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology.
(2) Establish standards for communication technology and identity proofing.
(3) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing.
(4) Establish standards and a period for the retention of an audio-visual recording created under paragraph (c)(3) of this section.
(5) Prescribe methods for a notarial officer to confirm under subsections (d) and (e) of this section the identity of a tangible record.
(n) Before adopting, amending, or repealing a regulation governing performance of a notarial act with respect to a remotely located
individual, the Secretary of State must consider all of the following:
(1) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated
by national standard-setting organizations and the recommendations of the National Association of Secretaries of State.
(2) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section.
(3) The views of governmental officials and entities and other interested persons.
(o) By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by
providing storage of the audio-visual recording under paragraph (c)(3) of this section, the provider of the communication technology,
identity proofing, or storage appoints the Secretary of State as the provider’s agent for service of process in any civil action in this State
related to the notarial act.
(76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 11.)
§ 4321. Identification of individual [Effective Aug. 1, 2023].
(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally
known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify
the individual by any of the following:
(1) By means of any of the following:
a. A passport, driver’s license, or government issued nondriver identification card, which is current and not expired before
performance of the notarial act.
b. Another form of government identification issued to an individual, which is current and not expired before performance of the
notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.
(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer
or whom the officer can identify on the basis of a passport, driver’s license, or government issued nondriver identification card, which
is current and not expired before performance of the notarial act.
(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the
officer of the identity of the individual.
(83 Del. Laws, c. 425, § 11.)
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§ 4322. Authority to refuse to perform notarial act [Effective Aug. 1, 2023].
(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that all of the following apply:
(1) The individual executing the record is competent or has the capacity to execute the record.
(2) The individual’s signature is knowingly and voluntarily made.
(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this subchapter.
(83 Del. Laws, c. 425, § 11.)
§ 4322A. Signature if individual unable to sign [Effective Aug. 1, 2023].
If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign
the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of
(name of individual)” or words of similar import.
(83 Del. Laws, c. 425, § 11.)
§ 4323. Notarial act in this State [Effective Aug. 1, 2023].
(a) A notarial act may be performed in this State by any of the following:
(1) A notary public of this State.
(2) A judge, clerk, or deputy clerk of a court of this State.
(3) An individual licensed to practice law in this State.
(4) An individual authorized by law of this State to administer oaths.
(5) Any other individual authorized to perform the specific act by the law of this State.
(b) The signature and title of an individual performing a notarial act in this State are prima facie evidence that the signature is genuine
and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the
authority of the officer to perform the notarial act.
(64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 11.)
§ 4324. Notarial act in another state [Effective Aug. 1, 2023].
(a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notarial officer of this
State, if the act performed in that state is performed by any of the following:
(1) A notary public of that state.
(2) A judge, clerk, or deputy clerk of a court of that state.
(3) Any other individual authorized by the law of that state to perform the notarial act.
(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is
genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority
of the officer to perform the notarial act.
(64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 11.)
§ 4325. Notarial act under authority of federally recognized Indian tribe [Effective Aug. 1, 2023].
(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if
performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by any of the following:
(1) A notary public of the tribe.
(2) A judge, clerk, or deputy clerk of a court of the tribe.
(3) Any other individual authorized by the law of the tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized
Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority
of the officer to perform the notarial act.
(83 Del. Laws, c. 425, § 11.)
§ 4326. Notarial act under federal authority [Effective Aug. 1, 2023].
(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of
this State, if the act performed under federal law is performed by any of the following:
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(1) A judge, clerk, or deputy clerk of a federal court.
(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial
acts under federal law.
(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas.
(4) Any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that
the signature is genuine and that the individual holds the designated title.
(c) The signature and title of an officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority
of the officer to perform the notarial act.
(63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 11.)
§ 4327. Foreign notarial act [Effective Aug. 1, 2023].
(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is
performed under the authority of a multinational or international governmental organization, the act has the same effect under the law
of this State as if performed by a notarial officer of this State.
(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in
a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively
established.
(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence
that the signature is genuine and the individual holds the designated title.
(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention
conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for
performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes
that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 11.)
§ 4328. Certificate of notarial act [Effective Aug. 1, 2023].
(a) A notarial act must be evidenced by a certificate. The certificate must meet all of the following:
(1) Be executed contemporaneously with the performance of the notarial act.
(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on
file with the Secretary of State.
(3) Identify the jurisdiction in which the notarial act is performed.
(4) Contain the title of office of the notarial officer.
(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission.
(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on
the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate
contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to or embossed on
the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information
specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the
certificate.
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and any of the
following:
(1) Is in a short form set forth in § 4329 of this title.
(2) Is in a form otherwise permitted by the law of this State.
(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.
(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided
in §§ 4318, 4319, and 4321 of this title or law of this State other than this subchapter.
(d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made
the determinations specified in §§ 4317, 4318, and 4319 of this title.
(e) A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been
performed.
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(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial
act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If
the Secretary of State has established standards under § 4338 of this title for attaching, affixing, or logically associating the certificate,
the process must conform to the standards.
(63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 11.)
§ 4329. Short form certificates [Effective Aug. 1, 2023].
The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required
by § 4328(a) and (b) of this title:
(1) For an acknowledgment in an individual capacity:
State of
County of
This record was acknowledged before me on
Date by
Name(s) of
individual(s)
Signature of notarial officer Stamp [
Title of office] [My commission
expires:
]
(2) For an acknowledgment in a representative capacity:
State of
County of
This record was acknowledged before me on
Date by
Name(s) of
individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).
Signature of notarial officer Stamp [
Title of office] [My commission expires:
]
(3) For a verification on oath or affirmation:
State of
County of
Signed and sworn to (or affirmed) before me on Date by Name(s) of individual(s)
making statement
Signature of notarial officer Stamp [
Title of office] [My commission
expires:
]
(4) For witnessing or attesting a signature:
State of
County of
Signed (or attested) before me on Date by
Name(s) of individual(s)
Signature of notarial officer Stamp [
Title of office] [My commission expires:
]
(5) For certifying a copy of a record:
State of
County of
I certify that this is a true and correct copy of a record in the possession of
. Dated
Signature of notarial officer Stamp [
Title
of office] [My commission expires:
]
(63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 11; 83 Del. Laws, c. 425, §
11.)
§ 4330. Official stamp of a notary public [Effective Aug. 1, 2023].
The official stamp of a notary public must meet all of the following:
(1) Include all of the following:
a. The notary public’s name as it appears on file with the Secretary of State.
b. “State of Delaware”.
c. “My Commission expires on” and the commission expiration date.
d. Other information required by the Secretary of State.
(2) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
(83 Del. Laws, c. 425, § 11.)
§ 4331. Stamping device of a notary public [Effective Aug. 1, 2023].
(a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use
the device to perform a notarial act.
(b) On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in
the stamping device the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against
use in a manner that renders it unusable.
(c) On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other
person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing
it against use in a manner that renders it unusable.
(d) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian
shall promptly notify the Secretary of State on discovering that the device is lost or stolen.
(83 Del. Laws, c. 425, § 11.)
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§ 4332. Journal of a notary public [Effective Aug. 1, 2023].
(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The
notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.
(b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only 1 journal at a time to
chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is maintained
on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format,
it must be in a permanent, tamper-evident electronic format complying with regulations adopted by the Secretary of State.
(c) An entry in a journal must be made contemporaneously with performance of the notarial act and contain all of the following
information:
(1) The date and time of the notarial act.
(2) A description of the record, if any, and type of notarial act.
(3) The full name and address of each individual for whom the notarial act is performed.
(4) If identity of the individual is based on personal knowledge, a statement to that effect.
(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the
identification credential presented, if any, including the date of issuance and expiration of any identification credential.
(6) The fee, if any, charged by the notary public.
(d) If a notary public’s journal is lost or stolen, the notary public shall promptly notify the Secretary of State on discovering that the
journal is lost or stolen.
(e) On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary
public’s journal in accordance with subsection (a) of this section and inform the Secretary of State where the journal is located.
(f) Instead of retaining a journal as provided in subsections (a) and (e) of this section, a current or former notary public may transmit
the journal to the Secretary of State or a repository approved by the Secretary of State.
(g) On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or
guardian or any other person knowingly in possession of the journal shall transmit it to the Secretary of State or a repository approved
by the Secretary of State.
(83 Del. Laws, c. 425, § 11.)
§ 4333. Notification regarding performance of notarial act on electronic record; selection of technology;
acceptance of tangible copy of electronic record [Effective Aug. 1, 2023].
(a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A
person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial
officer has not selected.
(b) (1) Before a notarial officer performs the notarial officer’s initial notarial act with respect to an electronic record, a notarial officer
shall do all of the following:
a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records.
b. Identify for the Secretary of State the technology the notarial officer intends to use.
(2) If the Secretary of State has established standards for approval of technology under § 4338 of this title, the technology must
conform to the standards.
(3) If the technology conforms to the standards, the Secretary of State shall approve the use of the technology.
(c) A Recorder of Deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying
any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that
the tangible copy is an accurate copy of the electronic record.
(83 Del. Laws, c. 425, § 11.)
§ 4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary
public [Effective Aug. 1, 2023].
(a) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act
or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including
any of the following:
(1) Failure to comply with this chapter.
(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted
to the Secretary of State.
(3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit.
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(4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based
on the applicant’s or notary public’s fraud, dishonesty, or deceit.
(5) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, regulations adopted by
the Secretary of State, or any federal or state law.
(6) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right,
or privilege that the notary public does not have.
(7) Violation by the notary public of a regulation adopted by the Secretary of State regarding a notary public.
(8) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state.
(9) A violation under § 4311(c) of this title.
(b) If the Governor denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant
or notary public is entitled to timely notice and hearing in accordance with Chapter 101 of this title.
(c) The authority of the Governor to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public
does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
(83 Del. Laws, c. 425, § 11.)
§ 4335. Database of notaries public [Effective Aug. 1, 2023].
The Secretary of State shall maintain an electronic database of notaries public that does all of the following:
(1) Permits a person to verify the authority of a notary public to perform notarial acts.
(2) Indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on
electronic records or notarial acts for remotely located individuals under § 4320 of this title.
(83 Del. Laws, c. 425, § 11.)
§ 4336. Prohibited acts of a notary public [Effective Aug. 1, 2023].
(a) A commission as a notary public does not authorize an individual to do any of the following:
(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law.
(2) Act as an immigration consultant or an expert on immigration matters.
(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States
citizenship, or related matters.
(4) Receive compensation for performing any of the activities listed in this subsection.
(b) A notary public may not engage in false or deceptive advertising.
(c) A notary public, other than an attorney licensed to practice law in this State, may not use the term “notario” or “notario publico” .
(d) (1) A notary public, other than an attorney licensed to practice law in this State, may not advertise or represent that the notary public
may assist persons in drafting legal records, give legal advice, or otherwise practice law.
(2) If a notary public who is not an attorney licensed to practice law in this State in any manner advertises or represents that the notary
public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public
shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement
or representation, prominently and in each language used in the advertisement or representation:
“I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters,
including immigration, or charge a fee for those activities.”
(3) If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion
of the statement required by paragraph (d)(2) of this section because of size, it must be displayed prominently or provided at the place
of performance of the notarial act before the notarial act is performed.
(e) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a
person that seeks performance of a notarial act by the notary public.
(83 Del. Laws, c. 425, § 11.)
§ 4337. Validity of notarial acts [Effective Aug. 1, 2023].
Except as otherwise provided in § 4317(b) of this title, the failure of a notarial officer to perform a duty or meet a requirement specified
in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does
not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking
other remedies based on law of this State other than this chapter or law of the United States. This section does not validate a purported
notarial act performed by an individual who does not have the authority to perform notarial acts.
(83 Del. Laws, c. 425, § 11.)
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§ 4338. Regulatory authority [Effective Aug. 1, 2023].
(a) The Secretary of State may adopt rules to implement this chapter. Regulations adopted regarding the performance of notarial acts
with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific
technology or technical specification. Regulations may do all of the following:
(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records.
(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.
(3) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.
(4) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and
assuring the trustworthiness of an individual holding a commission as notary public.
(5) Include provisions to prevent fraud or mistake in the performance of notarial acts.
(b) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider,
so far as is consistent with this subchapter, all of the following:
(1) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of
Secretaries of State.
(2) Standards, practices, and customs of other jurisdictions that substantially enact this subchapter.
(3) The views of governmental officials and entities and other interested persons.
(83 Del. Laws, c. 425, § 11.)
§ 4339. Notary public commission in effect [Effective Aug. 1, 2023].
A commission as a notary public in effect on August 1, 2023, continues until its date of expiration. A notary public who applies to
renew a commission as a notary public on or after August 1, 2023, is subject to and shall comply with this chapter. A notary public, in
performing notarial acts after August 1, 2023, shall comply with this chapter.
(83 Del. Laws, c. 425, § 11.)
§ 4340. Applicability; savings clause [Effective Aug. 1, 2023].
(a) This subchapter applies to a notarial act performed on or after August 1, 2023.
(b) This subchapter does not affect the validity or effect of a notarial act performed before August 1, 2023.
(83 Del. Laws, c. 425, § 11.)
§ 4341. Uniformity of application and construction [Effective Aug. 1, 2023].
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
(83 Del. Laws, c. 425, § 11.)
§ 4342. Relation to Electronic Signatures in Global and National Commerce Act [Effective Aug. 1, 2023].
This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001
et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described
in 15 U.S.C. § 7003(b).
(83 Del. Laws, c. 425, § 11.)
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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.)
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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.)
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§ 4607. Administrative fee assessment [Repealed effective Apr. 3, 2023].
(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.)
§ 4607. Administrative fee assessment [Repealed effective Apr. 3, 2023].
(69 Del. Laws, c. 286, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 342, § 1; 80 Del. Laws, c. 26, § 1; repealed by 83 Del.
Laws, c. 441, § 13, effective Apr. 3, 2023.)
§ 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.)
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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
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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
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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:
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(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
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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 Maternal and
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; 83 Del. Laws, c. 364, § 2.)
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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
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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.
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(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.)
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§ 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, 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.
(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
application for registration as an employee organization. However, an employee organization shall be required to file such registration
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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 Division of Gaming Enforcement 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. The entity or individual filing a registration 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
relevant information in order to obtain the individual’s entire federal and state criminal history record. Upon the Director’s request, the
Division of Gaming Enforcement 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;
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(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;
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
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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;
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;
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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) (1) 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.
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.
(2) Within 30 days after an adverse determination by the Director, the licensee seeking to appeal the revocation or suspension for
cause 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 paragraph precludes the person from having an administrative hearing, but in no
way affects his or her right to petition for judicial review.
(3) Upon receipt of a licensee’s demand for a hearing under this subsection, 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 licensee. At the hearing, the licensee shall have the
affirmative obligation to demonstrate by clear and convincing evidence that the Director’s determination was in error under the criteria
for cause established by this subsection and any regulations hereunder.
(4) If, upon completion of the hearing, the Lottery Commission determines that the licensee has met its burden of proof, an order to
that effect shall be entered and the license shall be reinstated. If, upon completion of the hearing, the Lottery Commission finds that the
licensee has not met its 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).
(5) 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 (Chapter 101 of this title) in the manner of
a case decision.
(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;
83 Del. Laws, c. 70, § 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
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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.)
§ 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 Division of Gaming Enforcement 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 Division of Gaming Enforcement,
which shall access the information and make a recommendation to the Director 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 Division of Gaming Enforcement.
(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; 83 Del. Laws, c. 70, § 2.)
§ 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 for any type of lottery game at a price greater than that fixed by rule or regulation of the Director. No
person other than a licensed lottery sales agent or a licensed sports lottery 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.
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(b) Any person convicted of violating this section shall pay a fine not exceeding $500.
(59 Del. Laws, c. 348, § 1; 83 Del. Laws, c. 70, § 3.)
§ 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.
(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 over offenses under this subchapter, except for offenses under §§ 4810(a) and 4836(a)
and (b) 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; 83 Del. Laws, c. 47, § 1.)
§ 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
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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)
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 Division of Gaming Enforcement, 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
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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 Breeders’ 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 Breeders’ Program pursuant to this subsection shall be $1,250,000, 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 $500,000, and said amount shall be allocated as of January 1 of each calendar year to the existing licensee which conducts
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. Seven hundred fifty 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.
Two million dollars of those proceeds, which would otherwise fund purses, on an annual basis ($1,000,000 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 Breeders’ 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.
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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
Breeders’ 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 Breeders’ 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 Breeders’
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
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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.
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, and the
Division of Gaming Enforcement; 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)(3) and (b)(4)b.1 (b)(4)b.4 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.
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Title 29 - State Government
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; 83 Del. Laws, c. 70, § 4; 83 Del. Laws,
c. 88, § 1.)
§ 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.
§ 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.)
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§ 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,
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.
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(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
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
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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.)
§ 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 Division of Gaming Enforcement, 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; 83 Del. Laws, c. 70, § 5.)
§ 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
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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.)
§ 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.
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(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
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.
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(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
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) [Repealed.]
(77 Del. Laws, c. 219, § 20; 83 Del. Laws, c. 70, § 6.)
§ 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
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(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
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) [Repealed.]
(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; 83 Del. Laws, c. 70, § 7.)
§ 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:
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(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
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
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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:
(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 Director 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; 83 Del. Laws, c. 70, § 8.)
§ 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
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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.
(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
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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.
(d) In considering placement on the exclusion list, it shall be improper to discriminate on any basis prohibited by § 711(b) 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 and the person demanding the hearing. At the hearing, the Division of Gaming
Enforcement, the Director, 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; 83 Del. Laws, c.
421, § 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.
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(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.)
§ 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.)
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§ 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.
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;
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(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.)
§ 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.
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(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
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.
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(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.
(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.
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(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.)
§ 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
(82 Del. Laws, c. 69, § 1.)
§ 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.
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(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.
(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:
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(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.
(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-today 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.
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(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.
(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.
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(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.
(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
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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.
(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.)
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§ 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.
(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.)
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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.)
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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.
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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
§§ 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.
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§ 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.
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§ 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.)
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§ 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.
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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
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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.
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§ 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.
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(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.
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(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
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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.)
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Part V
Public Officers and Employees
Chapter 52
Health Care Insurance
§ 5201. Definitions.
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; 83 Del. Laws, c. 237, § 8.)
§ 5202. Payment of premium or subscription charge [Effective until Jan. 1, 2023].
(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:
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(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.
(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.
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(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.
(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.)
§ 5202. Payment of premium or subscription charge [Effective Jan. 1, 2023].
(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;
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(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.
(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.
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(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 Advantage Plan.
(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 Advantage 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 Advantage Plan 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 Advantage 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 Advantage 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; 83 Del. Laws, c. 325, § 116.)
§ 5203. Specifications of the coverage.
(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.
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(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; 83 Del. Laws, c. 237, § 8.)
§ 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 the coverage, except that reasonable medical management techniques may be
applied to coverage within a method category, as defined by the FDA, but not across types of methods.
(2) Coverage provided to a regular officer or employee or eligible pensioner under this section shall be the same for the covered
individual’s covered spouse and covered dependents.
(c) This section does not preclude coverage for contraceptive drugs, devices, products, and procedures as prescribed by a provider
for reasons other than contraceptive purposes, including decreasing the risk of ovarian cancer, eliminating symptoms of menopause, or
providing contraception that is necessary to preserve the life or health of the covered individual.
(d) The plan is not required under this section to cover experimental or investigational treatments.
(81 Del. Laws, c. 323, § 3; 70 Del. Laws, c. 186, § 1.)
§ 5204. Selection of the group insurance carrier.
(a) The health-care insurance coverage shall be provided through a carrier incorporated under the laws of this State or legally authorized
to transact business within this State, having adequate servicing facilities to carry out the terms of the contract.
(b) The health-care insurance coverage shall be provided by a carrier offering, at the employee’s or pensioner’s own expense, optional
supplemental or extended benefits coverage to each regular employee or eligible pensioner and similar hospital, surgical/medical and
supplemental or extended coverage for such employee’s or pensioner’s spouse and dependents.
(29 Del. C. 1953, § 5204; 57 Del. Laws, c. 319; 68 Del. Laws, c. 84, § 24; 69 Del. Laws, c. 64, § 67; 72 Del. Laws, c. 204, § 5.)
§ 5205. Duties of State Insurance Commissioner [Repealed].
Repealed by 69 Del. Laws, c. 64, § 68, effective July 1, 1993.
§ 5206. Duties of State Treasurer.
Upon written authorization the State Treasurer shall withhold from the employee’s salary or eligible pensioner’s benefits such sums
as are necessary for the payment of premium or subscription charges for the optional supplemental or extended benefits coverage and
for spouse or dependent coverage.
(29 Del. C. 1953, § 5206; 57 Del. Laws, c. 319; 62 Del. Laws, c. 158, § 2; 72 Del. Laws, c. 94, § 76; 72 Del. Laws, c. 204, § 6.)
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§ 5207. Temporary employees.
Any person not a “regular officer or employee” but employed by a state agency 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) shall be eligible for
the health care insurance established under this chapter provided such person authorize in writing a payroll deduction from such person’s
salary of the amount of the premium for said insurance.
(64 Del. Laws, c. 145, § 1; 70 Del. Laws, c. 186, § 1.)
§ 5208. Employees of labor organizations.
Any labor organization representing the state employees may elect to participate in the health-care insurance plans provided by the
provisions of this chapter for their regularly scheduled full-time regular employees who work in the State. The full cost of such coverages
shall be remitted to the State by the labor organization no later than the first day of each calendar month for which coverage is being
provided. The benefits provided to such employees and the cost of coverage shall be the same as provided to state employees covered
by this chapter. Any labor organization wanting to participate in the state Group Health Insurance Program shall be governed by all
provisions, rules and regulations of this chapter.
(69 Del. Laws, c. 291, § 36.)
§ 5209. Employees of Delaware authorities or commissions.
(a) Any Delaware authority or commission may elect to participate in the health-care insurance plans provided by the provisions of
this chapter for regularly scheduled full-time employees. The full cost of such coverage shall be remitted to the State by the authority
or commission no later than the first day of each calendar month for which coverage is being provided. the benefits provided to such
employees and the cost of coverage shall be the same as provided to state employees covered by this chapter. Any Delaware authority
or commission participating in the State Group Health Insurance program shall be governed by all provisions, rules and regulations of
this chapter and the State Employee Benefits Committee.
(b) Any regularly scheduled full-time employee of the Delaware Stadium Corporation, the Delaware Riverfront Corporation, a Public/
Private Partnership as defined in § 8702A of this title, or the Fort DuPont Redevelopment and Preservation Corporation may elect to
participate in the health insurance plans provided by the State Group Health Insurance Program. The full cost of such coverage shall be
remitted to the State no later than the first day of each calendar month for which coverage is being provided. The benefits provided to
such employees and the cost of coverage shall be the same as provided to state employees covered by this chapter. Any Delaware Stadium
Corporation, Public/Private Partnership as defined in § 8702A of this title, or Fort DuPont Redevelopment and Preservation Corporation
employee participating in the State Group Health Insurance Program shall be governed by all provisions, rules and regulations of this
chapter and the State Employee Benefits Committee.
(c) All per diem and contractual employees of the Delaware General Assembly who have been continuously employed for 5 or more
years may elect to participate in the health-insurance plans provided by the State Group Health Insurance Program. The full cost of such
coverage shall be remitted to the State by such employees no later than the first of each calendar month for which coverage is being
provided. The benefits provided to such employees and the cost of coverage shall be the same as provided to state employees covered by
this chapter. Any such employees participating in the State Group Health Insurance Program shall be governed by all provisions, rules
and regulations of this chapter and the State Employee Benefits Committee.
(d) Any volunteer fire or volunteer ambulance company in Delaware may elect to participate in the health-care insurance plans provided
by the provisions of this chapter for paid employees. The full cost of such coverage shall be remitted to the State by the volunteer fire
or volunteer ambulance company participating no later than the first day of each calendar month for which coverage is being provided.
The benefits provided to such paid employees and the cost of coverage shall be the same as provided to state employees covered by this
chapter. Any volunteer fire or volunteer ambulance company in Delaware participating in the State Group Health Insurance Program shall
be governed by all provisions, rules and regulations of this chapter and the State Employee Benefits Committee.
(e) Any county, soil and water conservation districts or municipality and the Municipal Services Commission for the City of New
Castle may elect to participate in the health-care insurance plans provided by this chapter for any of the following:
(1) Regularly scheduled full-time employees;
(2) Anyone receiving or who is eligible to receive retirement benefits in accordance with the Delaware County and Municipal Police/
Firefighter Pension Plan with Chapter 88 of Title 11 or the county and municipal pension plan under Chapter 55A of this title.
The full cost of such coverage shall be remitted to the State by the county, soil and water conservation districts or municipality and the
Municipal Services Commission for the City of New Castle no later than the first day of each calendar month for which coverage is being
provided. The benefits provided to such employees and the cost of coverage shall be the same as provided to the state employees covered
by this chapter. Any employee participating in the State Group Health Insurance Program through this subsection shall be governed by all
provisions, rules and regulations of this chapter and the State Employee Benefits Committee. For the purposes of this subsection, a “fulltime employee” is an employee who works at least 30 hours or more per week or 130 hours per month (with allowable interruptions).
Retirees receiving benefits may authorize the State Pension Office to deduct their share of cost from their monthly pension. Participation
by any county, soil and water conservation districts or municipality and the Municipal Services Commission for the City of New Castle
shall be subject to approval of the State Employee Benefits Committee.
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(f) Anyone receiving retirement benefits in accordance with the Delaware and Municipal Police/Firefighter Pension Plan under Chapter
88 of Title 11 or the county and municipal pension plan under Chapter 55A of this title, may elect to participate in the health insurance
plans provided by the State Group Health Insurance Program. The retiree shall authorize the State Pension Office to deduct the full cost
of coverage from the retiree’s monthly pension.
(g) The State Employee Benefits Committee shall be authorized to recover costs from any Delaware authority or commission, the
Delaware Stadium Corporation, the Delaware Riverfront Corporation, the Fort DuPont Redevelopment and Preservation Corporation, any
volunteer fire company, any county soil and water conservation district, and any municipality which elects for its employees to participate
in the health-care insurance plans provided by this chapter, based on the number of participating employees. Further, the State Employee
Benefits Committee shall be authorized to recover costs from any nonstate organization which is permitted to and elects to participate in
the health-care insurance plans provided by this chapter, based on the number of participating employees. The revenue derived from such
cost recovery shall be used exclusively to support the administration of the State Group Health Insurance Program.
(70 Del. Laws, c. 118, § 33; 70 Del. Laws, c. 425, §§ 35, 36; 71 Del. Laws, c. 132, § 39; 71 Del. Laws, c. 354, § 41; 71 Del. Laws,
c. 372, § 1; 72 Del. Laws, c. 94, § 40; 72 Del. Laws, c. 204, § 15; 72 Del. Laws, c. 258, § 30; 73 Del. Laws, c. 74, § 81; 73 Del.
Laws, c. 233, § 1; 74 Del. Laws, c. 226, § 1; 80 Del. Laws, c. 298, § 22; 81 Del. Laws, c. 49, § 3.)
§ 5210. Authority and duties of the State Employee Benefits Committee.
The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under
this chapter:
(1) Control and management of the State employees group health insurance program provided for in this chapter.
(2) Authority to establish the State employees group health insurance program on an insured or self-insured basis.
(3) Selection of the carriers or third-party administrators deemed to offer the best plan to satisfy the interests of the State and its
employees and pensioners in carrying out the intent of this chapter.
(4) Authority to adopt rules and regulations for the general administration of the State employees group health insurance program.
(5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of
assisting in the general administration of this chapter.
(6) Whenever the balance of the fund equity of the Employees’ Health Insurance Fund exceeds the amount determined by the
State Employee Benefits Committee to be sufficient to meet anticipated claims plus a reasonable reserve, the State Employee Benefits
Committee, in its sole discretion, may transfer the excess balance or any part of it to the OPEB Fund, established pursuant to Chapter
52B of this title, to provide a source for the future payment of retiree health benefits or the Disability Insurance Program, pursuant
to Chapter 52A of this title.
(72 Del. Laws, c. 204, § 7; 76 Del. Laws, c. 70, § 10.)
§ 5211. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with
streptococcal infections and pediatric acute onset neuropsychiatric syndrome.
The plan shall provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal
infections and pediatric acute onset neuropsychiatric syndrome, including the use of intravenous immunoglobulin therapy.
(81 Del. Laws, c. 400, § 3.)
§ 5212. Cost sharing in prescription insulin drugs.
(a) For purposes of this section, “prescription insulin drug” means a drug containing insulin that is dispensed under Chapter 47 of Title
16 for the treatment of diabetes.
(b) The plan must provide coverage for prescription insulin drugs that does all of the following:
(1) Caps the total amount that a covered individual is required to pay for covered prescription insulin drugs at no more than $100 per
month for each enrolled individual, regardless of the amount or types of insulin needed to fill the covered individual’s prescriptions.
The $100 per month cap includes deductible payments and cost-sharing amounts charged once a deductible is met.
(2) Includes at least 1 formulation of each of the following types of prescription insulin drugs on the lowest tier of the drug formulary
developed and maintained by the carrier:
a. Rapid-acting.
b. Short-acting.
c. Intermediate-acting.
d. Long-acting.
(3) For purposes of paragraph (b)(2) of this section, the “lowest tier of the drug formulary” means either of the following:
a. If the prescription insulin drug is a generic drug, the lowest tier for generic drugs.
b. If the prescription insulin drug is a brand-name drug, the lowest tier for brand-name drugs.
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(c) The cap on the amount a covered individual is required to pay under paragraph (b)(1) of this section applies to an enrolled individual
who is in compliance with all coordination of benefits policies of the plan, including spousal coordination of benefits.
(82 Del. Laws, c. 250, § 3.)
§ 5213. Coverage for epinephrine autoinjectors.
(a) For purposes of this section, “epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured
dose of epinephrine into the human body.
(b) The plan shall provide coverage for medically-necessary epinephrine autoinjectors for individuals who are 18 years of age or under
by including at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by
the carrier.
(83 Del. Laws, c. 42, § 3.)
§ 5214. Coverage for insulin pumps.
(a) For purposes of this section, “insulin pump” means a small, portable medical device that is approved by the U.S. Food and Drug
Administration to provide continuous subcutaneous insulin infusion.
(b) The plan shall provide coverage for a medically-necessary insulin pump at no cost to a covered individual, including deductible
payments and cost-sharing amounts charged once a deductible is met.
(83 Del. Laws, c. 241, § 3.)
§ 5215. Annual behavioral health well check [Effective Jan. 1, 2024].
(a) As used in this section “Behavioral health well check” means a predeductible annual visit with a licensed mental health clinician
with at minimum a masters level degree. The well check must include but is not limited to a review of medical history, evaluation of
adverse childhood experiences, use of a group of developmentally-appropriate mental health screening tools, and may include anticipatory
behavioral health guidance congruent with stage of life using the diagnosis of “annual behavioral health well check.”
(b) The plan shall provide coverage of an annual behavioral health well check, which, except as provided in subsection (d) of this
section, shall be reimbursed through the following common procedural terminology (CPT) codes at the same rate that such CPT codes
are reimbursed for the provision of other medical care, provided that reimbursement may be adjusted for payment of claims that are billed
by a nonphysician clinician so long as the methodology to determine such adjustments is comparable to and applied no more stringently
than the methodology for adjustments made for reimbursement of claims billed by nonphysician clinicians for other medical care, in
accordance with 45 CFR § 146.136(c)(4):
(1) 99381.
(2) 99382.
(3) 99383.
(4) 99384.
(5) 99385.
(6) 99386.
(7) 99387.
(8) 99391.
(9) 99392.
(10) 99393.
(11) 99394.
(12) 99395.
(13) 99396.
(14) 99397.
(c) (1) The State Employee Benefits Committee shall administratively update this list of codes if the CPT codes listed in subsection
(b) of this section are altered, amended, changed, deleted, or supplemented.
(2) Reimbursement of any of the CPT codes listed in subsection (b) of this section or updated under paragraph (c)(1) of this section
for the purpose of covering an annual behavioral health well check may not be denied because such CPT code was already reimbursed
for the purpose of covering a service other than an annual behavioral health well check.
(3) Reimbursement of any of the CPT codes listed in subsection (b) of this section or updated under paragraph (c)(1) of this section
for the purpose of covering a service other than an annual behavioral health well check may not be denied because such CPT code was
already reimbursed for the purpose of covering an annual behavioral health well check.
(d) An annual behavioral health well check may be reimbursed through a value-based arrangement, a capitated arrangement, a bundled
payment arrangement, or any other alternative payment arrangement that is not a traditional fee-for-service arrangement, provided that a
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carrier must have documentation demonstrating that within such payment arrangement the annual behavioral health well check is valued
commensurate to the value established under subsection (b) of this section.
(e) An annual behavioral health well check may be incorporated into and reimbursed within any type of integrated primary care service
delivery method including, but not limited to, the psychiatric collaborative care model, the primary care behavioral health model or
behavioral health consultant model, any model that involves co-location of mental health professionals within general medical settings,
or any other integrated care model that focuses on the delivery of primary care.
(f) Nothing in this section prevents the operation of policy provisions such as copayments, coinsurance, allowable charge limitations,
coordination of benefits, or provisions restricting coverage to services rendered by licensed, certified, or carrier-approved providers or
facilities.
(83 Del. Laws, c. 388, § 4.)
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Part V
Public Officers and Employees
Chapter 52A
Disability Insurance Program
§ 5251. Definitions.
(a) “Carrier” shall mean the disability insurance company selected pursuant to § 5254 of this title.
(b) “Committee” shall mean the State Employee Benefits Committee as established by § 9602 of this title.
(c) “Creditable compensation” shall mean the base rate of compensation that the employee received on the last day of employment
before the employee developed a disability as determined by the Committee.
(d) “Disability benefit” shall mean income replacement payments payable to a participating employee under a short-term or long-term
disability benefit program pursuant to this chapter.
(e) “Employee” shall mean an eligible “employee” as defined in § 5501(f) of this title who elects to participates in the Program as
specified in § 5519 of this title. This shall include any employee who is collecting benefits pursuant to § 8352(4) of Title 11.
(f) “Employment” shall mean any occupation for which the employee is reasonably suited by training or experience.
(g) “Program” means the Disability Insurance Program created pursuant to this chapter providing short-term and long-term disability
benefits for eligible employees electing to participate in the Program.
(75 Del. Laws, c. 191, § 1; 76 Del. Laws, c. 321, § 1; 78 Del. Laws, c. 179, § 276; 79 Del. Laws, c. 174, § 1.)
§ 5252. Payment of premium or subscription charges.
The State shall pay all premium or subscription charges for the full cost of providing coverage for the Disability Insurance Program.
(75 Del. Laws, c. 191, § 1.)
§ 5253. Specifications of the coverage.
(a) Participating employees shall be eligible to utilize earned sick leave for absences due to accident, illness, or injury, or parental
leave, if eligible upon the birth of a child, for periods before disability benefits commence under this chapter, such that the participating
employee receives 100% of creditable compensation for such periods, not to exceed the employee’s sick leave balance.
(b) Short-term disability benefit. — (1) An employee who is determined by the Committee, in its sole discretion, to be mentally
or physically unable to perform the essential functions of the employee’s position as defined in rules and regulations adopted by the
Committee, with reasonable accommodation as required by federal law, shall be entitled to receive short-term or long-term benefits
pursuant to this chapter. An employee who receives short-term or long-term disability benefits pursuant to this chapter may be required,
in the sole discretion of the Committee, to participate in rehabilitation or retraining services, or a combination thereof, under a program
established by the Committee. Short-term disability benefits for participating employees shall commence upon the expiration of a 30calendar-day elimination period. Such elimination period shall begin on the first day following the onset of physical or mental incapacity
as determined by the Committee, in its sole discretion. If an employee returns to work for 1 day or less during the 30-calendar-day
elimination period but cannot continue to work thereafter, the period worked shall not be considered to have interrupted the 30-calendarday elimination period. The elimination period must commence and conclude within normal working periods for employees who work
less than 12 months per calendar year.
(2) Except as provided in paragraph (b)(4) of this section, short-term disability benefits pursuant to this chapter shall be payable at
the rate of 75% of the participating employee’s creditable compensation prior to the onset of the disability during the period that an
employee has a disability, as determined by the Committee.
(3) Creditable compensation during periods an employee receives short-term disability benefits shall include general salary increases
awarded or reductions in salary instituted during the period of short-term disability coverage.
(4) An employee may utilize annual, sick, parental, compensatory, or donated leave to supplement short-term disability benefits to
equal 100% of pre-disability creditable compensation for the maximum period of 182 calendar days.
(5) If a participating employee returns to the employee’s position on a full-time basis, as defined by the Committee, for 15 consecutive
calendar days or longer, any succeeding period of disability for which the employee shall become eligible shall constitute a new period
of short-term disability with a corresponding 30-calendar-day elimination period.
(6) Employees enrolled in and receiving short-term disability (STD) compensation shall receive a maximum of 100% of base pay. If
the employee is otherwise eligible for holiday pay or a paid leave other than identified in paragraph (b)(4) of this section, the employee
will be granted 100% pay on the day in question without a residual. All leave supplements will be calculated on a pay period basis.
(7) Except those who qualify for parental leave upon the birth of a child, once an employee exhausts their elimination period, the
employee will be deemed to have applied for benefits under this section and shall not be eligible to utilize paid leave in lieu of application
for short-term disability.
(8) When an employee is on approved STD per subsection (b) of this section and does not supplement the 75% STD payment with
25% leave for a period of greater than 30 calendar days, the employee will accrue leave on a pro-rata basis.
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(c) Long-term disability benefit. — (1) Long-term disability benefits for participating employees shall commence upon the expiration of
a 182-calendar-day waiting period. The waiting period shall commence on the first day following the onset of the disability as determined
by the Committee, in its sole discretion. If an employee returns to work for 14 or fewer consecutive calendar days during such 182calendar-day waiting period and cannot thereafter continue to work, the periods worked shall not be deemed to have interrupted the 182calendar-day waiting period.
(2) Long-term disability benefits for an eligible employee shall be paid in an amount equal to 60% of the participating employee’s
creditable compensation prior to the onset of the disability. In no event shall the employee be entitled to utilize earned sick leave to
supplement long-term disability benefits.
(3) Long-term disability benefits shall not include general salary increases during the period of long-term disability. Long-term
disability benefits may be increased annually by an amount approved by the Committee.
(4) Any employee who applies for long-term benefits pursuant to this chapter must apply to the Social Security Administration for
disability benefits. Long-term disability benefits provided under this chapter shall be reduced by any disability benefits received from
the Social Security Administration.
(5) Upon the exhaustion of the maximum short-term disability benefit period, any employee, except those entitled to hazardous duty
pay as defined in § 5933(c) of this title, shall no longer be an employee of the State or any of its political subdivisions provided the
employee has exhausted their Family Medical Leave Act of 1993 (FMLA) [29 U.S.C. § 2601 et seq.] entitlement and/or is not FMLA
eligible. Employees entitled to hazardous duty pay as defined in § 5933(c) of this title who exhaust the maximum short-term disability
benefit period shall no longer be an employee of the State or any of its political subdivisions at the end of their entitlement to hazardous
duty pay or parental leave provided the employee has exhausted their FMLA entitlement and/or is not FMLA eligible.
(6) Prior to the commencement of long-term disability benefits, the employee shall be eligible to make a written election to escrow
for a period of 6 months any unused annual and sick leave based on the rules in place by the employing organization. Any employee
who does not make a written election to escrow unused annual and sick leave will receive a payoff of unused annual and sick leave
under § 5253(c)(5) of this title. Any employee approved for long-term disability benefits and who made a written election to escrow
unused annual and sick leave who returns to state employment in a full-time benefit eligible position within the 6-month escrow period
and works on a full-time basis for at least 30 calendar days will retain their annual and sick leave balances. Any employee making a
written election to escrow unused annual and sick leave who does not return to state employment in a full-time benefit eligible position
for at least 30 calendar days within the 6-month escrow period will receive a payoff of unused annual and sick leave at the end of the
6-month escrow period based on the rules in place by the employing organization.
(d) Eligibility for participation in the program shall terminate upon the earliest to occur of an employee’s:
(1) Ability to return to employment;
(2) Death; or
(3) The date the employee is no longer covered by the Delaware State Employees’ Pension Plan pursuant to Chapter 55 of this title; or
(4) Normal service retirement at age 65.
If the employee develops a disability after age 60, the maximum duration of benefits will be subject to the following:
Age when disability developed or occurred
61
62
63
64
65
66
67
68
69+
Benefit duration
48
42
36
30
24
21
18
15
12
(75 Del. Laws, c. 191, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 227, §§ 5, 7, 9; 75 Del. Laws, c. 351, §§ 2-5, 7, 8; 76 Del.
Laws, c. 81, § 33; 76 Del. Laws, c. 324, §§ 1, 4; 77 Del. Laws, c. 84, §§ 57-59; 77 Del. Laws, c. 327, § 99; 77 Del. Laws, c. 328, §
30; 78 Del. Laws, c. 179, §§ 277-279; 81 Del. Laws, c. 285, § 4.)
§ 5254. Selection of the group disability insurance carrier.
Disability insurance coverage pursuant to this chapter may be provided and/or administered by an insurance carrier licensed under the
laws of this State. The carrier shall be selected by a vote of the Committee, and legally authorized to transact business within this State,
and having adequate servicing facilities to carry out the terms of the contract as awarded by Committee.
(75 Del. Laws, c. 191, § 1.)
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§ 5255. Disability program design and administration.
The carrier selected pursuant to § 5254 of this title may determine the eligibility of a participating employee to receive short-term
and/or long-term disability benefits. Such carrier shall also provide short-term and long-term disability benefits to eligible employees,
and shall administer both the short and long-term disability programs established pursuant to this chapter. The Committee may adopt
rules and regulations regarding proper administration of the disability program. Such rules shall include, but not be limited to, standards
relating to the determination of disability; appeal procedures, requirements for medical or psychological examinations; the adjustment
or termination of payments based on the mental or physical condition of the employee, and/or education, training, and experience of the
employee. The disability program administrator’s performance shall be evaluated on an annual basis by the Committee.
(75 Del. Laws, c. 191, § 1.)
§ 5256. Authority and duties of the State Employee Benefits Committee.
The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under
this chapter:
(1) Control and management of the State Employees’ Disability Insurance Program as provided by this chapter.
(2) Authority to establish the state employees’ short-term disability insurance program on a self-insured basis and a long-term
disability insurance program on an insured basis.
(3) Selection, in its sole discretion, of the carriers or third-party administrators deemed to offer the programs which will best satisfy
the interests of the State and its employees in carrying out the intent of this chapter.
(4) Authority to adopt rules and regulations for the general administration of the Disability Insurance Program established pursuant
to this chapter.
(5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of
assisting in the general administration of this chapter.
(6) The Committee may require any employee to furnish such information as may be required for the determination of benefits under
this chapter, or to authorize the Committee to procure such information. The Committee may withhold payment of any benefit under
this chapter whenever the determination of such benefit is dependent upon such information and the employee does not cooperate in
the furnishing or procuring thereof.
(75 Del. Laws, c. 191, § 1; 75 Del. Laws, c. 351, § 9.)
§ 5257. Return to work.
(a) Once an employee has been determined to have the ability to return to employment by the Committee, the employee will receive
the following assistance:
(1) Merit employees may be placed in any vacant merit position, for which they qualify, by the Secretary of the Department of
Human Resources.
(2) Nonmerit state employees, and employees from nonstate employers will be placed by that employer into a vacant position within
their respective agency for which the employee qualifies.
(b) Once an individual has been determined to have the ability to return to employment by the committee, the individual will receive
the following assistance:
(1) Former merit employees enrolled in and previously deemed eligible for the Long-Term Disability Program may, when available
and appropriate, be placed by the Department of Human Resources in any merit position, for which they qualify without a certification
list, as long as the paygrade does not exceed their paygrade at the time of their acceptance into and eligibility for the Short-Term
Disability Program. Exceptions to the paygrade limitation may be made for vacancies for which a documented shortage of qualified
applicants exists.
(2) Former nonmerit employees enrolled in and previously deemed eligible for the Long-Term Disability Program will be placed by
their previous employer into a vacant position within their respective agency for which they qualify.
(75 Del. Laws, c. 227, § 1; 75 Del. Laws, c. 351, § 10; 81 Del. Laws, c. 66, § 26.)
§ 5258. Appeals.
The carrier shall notify a participating employee of its determination of the employee’s eligibility for short-term disability benefits in
writing by certified mail, return receipt requested, within 10 days of the carrier’s determination. Within 90 days of the postmark date of
the carrier’s written notice of its determination, an aggrieved participating employee may appeal any denial of disability benefits by filing
a written petition setting forth with particularity the grounds for appeal with the carrier. The carrier shall have the authority to reverse all
or any part of its initial decision to deny benefits and shall notify the employee, the employing organization and Division of Statewide
Benefits in writing by certified mail, return receipt requested within 10 days of the carrier’s determination.
Within 20 days of the postmark date of the carrier’s determination of appeal an aggrieved participating employee may file a secondlevel appeal of denial of disability benefits by filing a written petition setting forth with particularity the grounds for second appeal,
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with the Appeals Administrator, who shall conduct an informal review, and who shall have the authority to reverse all or any part of the
decision of the carrier to deny benefits. The Appeals Administrator or designee, shall issue a final written decision and shall mail it to the
employee by certified mail, return receipt requested, within 30 days of speaking with the employee. The Committee shall designate an
officer of the Division of Statewide Benefits to act as the Appeals Administrator.
If the Appeals Administrator affirms the carrier’s decision to deny disability benefits or any part thereof, an aggrieved employee may
appeal to the Committee within 20 days of the postmark date of the notice of the determination from the Appeals Administrator by filing a
written petition with the Committee setting forth with particularity the grounds for appeal. The Committee may designate an appropriate
officer of the Department of Human Resources as a hearing officer to hear evidence presented by the participating employee or, in its
sole discretion, it may decide to hear the appeal directly. The Committee or hearing officer, as the case may be, shall determine whether
the determination to deny benefits complies with the applicable disability plan adopted by the Committee. The hearing officer and/or
Committee shall have all of the following powers in respect to the conduct at the hearing:
(1) To issue subpoenas and administer oaths in any preceding. Any subpoena process or order or any notice or paper requiring service
shall be sent by certified mail, return receipt requested;
(2) To examine persons as witnesses, take evidence, require the production of documents, and do all other things pursuant to law
which are necessary to determine the appeal. In proceedings before the Committee or its hearing officer, if any person neglects to
produce any pertinent document, neglects or refuses to appear after having been subpoenaed, refuses to testify or be examined, disobeys
or resists any lawful order or process, or intentionally obstructs the hearing, the Committee shall certify facts under the signature of
its chairperson or the hearing officer to any judge of the Superior Court, which judge shall there upon hear evidence as to the acts
complained of. The judge shall, if the judge deems the evidence so warrants, issue an order requiring such persons to testify or produce
documents or otherwise comply with the requirements of the Committee, as the case may require. Refusal to comply with the order
of the Court shall constitute contempt of Court;
(3) Where the Committee assigns the matter to the hearing officer, the hearing officer shall decide the matter and prepare a report
containing the findings of fact, and conclusions of law, within 60 days of the hearing, and shall transmit the report, with the full record
of the hearing, to the Committee.
(4) The Committee may accept or modify the hearing officer’s final report, and shall notify the parties of its action by certified mail,
return receipt requested within 60 days.
(5) If the Committee elects to hear the matter directly and not to assign it to the hearing officer, it shall issue its final decision
containing findings of fact and conclusions of law, within 60 days of the hearing, and shall notify the parties of its action by certified
mail, return receipt requested.
(6) The Committee’s final action may be appealed to the Superior Court within 30 days after it is mailed to the parties by the
Committee. The appeal shall be on the record.
(75 Del. Laws, c. 227, § 11; 75 Del. Laws, c. 351, § 6; 76 Del. Laws, c. 324, § 2; 77 Del. Laws, c. 84, § 60; 81 Del. Laws, c. 66, §
27.)
§ 5259. COVID-19 emergency provision [Repealed].
(82 Del. Laws, c. 266, § 1; repealed by 82 Del. Laws, c. 266, § 1, effective Dec. 30, 2020.)
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Part V
Public Officers and Employees
Chapter 52B
Other Post-Employment Benefits Fund
§ 5280. Definitions.
(a) “Board” means the Board of Pension Trustees established by § 8308 of this title.
(b) “OPEB Fund” means the Other Post-Employment Benefits Fund established by § 5281 of this title.
(76 Del. Laws, c. 70, § 1.)
§ 5281. Establishment of fund.
(a) There shall be established an OPEB Fund, a trust fund, separate and distinct from the funds established under §§ 5541 and 5601
of this title and § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposited, and to which
earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which the State’s premiums as defined
in § 5202(b) of this title shall be paid, and any fees and expenses authorized by the Board shall be paid. No money shall be disbursed
from this fund except for the purpose of payment of the State’s premiums for post-retirement health insurance for employees retired under
Chapters 55 and 56 of this title and Chapter 83 of Title 11.
(b) The amounts remaining in the trust, if any, after all premiums, fees, and expenses have been paid for any year shall be retained in
such trust for future payments until all state liabilities for post-retirement health insurance premium benefits have been satisfied.
(c) This chapter is replacing § 5550 of this title in its entirety.
(d) The trust shall be an irrevocable trust exempt from federal income tax under § 115 of the Internal Revenue Code [26 U.S.C. § 115]
and subject to the financial reporting, disclosure and actuarial requirements of Government Accounting Standards Board Statements 43
and 45 or any subsequent Government Accounting Standards Board updates or statements that may be applicable.
(76 Del. Laws, c. 70, § 1.)
§ 5282. Management of the OPEB Fund.
(a) The Board shall serve as the Board of Trustees for the OPEB Fund, shall adopt a trust agreement for the OPEB Fund (and may
amend the trust agreement from time to time), shall take all actions necessary and appropriate to establish and maintain the OPEB Fund,
and shall have control and management of the OPEB Fund and may utilize its powers pursuant to this chapter and § 8308 of this title
in the administration of the OPEB Fund.
(b) The Board shall take the actions necessary and appropriate to establish and maintain the OPEB Fund as a trust that is exempt from
taxation under Internal Revenue Code § 115 [26 U.S.C. § 115]. The trust shall be maintained and administered by the Board to provide
payments for retiree health insurance for medical care in compliance with Internal Revenue Code § 105 [26 U.S.C. § 105] and with
this chapter.
(c) The State shall indemnify a board member in the additional duties contained in this chapter pertaining to the administration and
management of the OPEB Fund or to sit on a committee of the Board 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 the board member is or was a board member against expenses (including attorneys’ fees if the Attorney General determines that the
Attorney General may not provide representation), judgments, fines and amounts paid in settlement actually and reasonably incurred by
that board member in connection with such action, suit or proceeding, if the board member acted in good faith and in a manner the board
member reasonably believed to be in the best interest of the State and with respect to any criminal action or proceeding had no reasonable
cause to believe that board member’s own 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:
(1) 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
(2) 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 (c)(1) of this section that such member is not entitled to indemnification under this section.
(76 Del. Laws, c. 70, § 1; 70 Del. Laws, c. 186, § 1.)
§ 5283. Actuarial valuations.
(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the OPEB Fund as of June 30, each year. On the basis
of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine:
(1) The State’s annual required contribution for payment of the State’s premiums for post retirement health insurance for employees
under Chapters 55 and 56 of this title and Chapter 83 of Title 11;
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(2) Any unfunded actuarial accrued liability.
(b) It is not anticipated that distributions will be made from this fund until the State’s annual required contribution, as determined in
subsection (a) of this section, has been appropriated in a given fiscal year.
(76 Del. Laws, c. 70, § 1.)
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Part V
Public Officers and Employees
Chapter 52C
Supplemental Insurance Program
§ 5290. Definitions.
“Carrier” shall mean the supplemental income benefits carrier selected pursuant to § 5292 of this title.
“Claims loss ratio” shall mean claims payable as a percentage of premium income, or ratio of incurred losses and loss adjustment
expenses to net premiums earned.
“Committee” shall mean the State Employee Benefits Committee as established by § 9602 of this title.
“Employee” shall mean an eligible employee as defined in §§ 5501(e) and 5201 of this title who elects to participate in the supplemental
insurance program as specified in § 5293 of this title.
“Income indemnity” shall mean restoration to the participating employee of a loss by payment.
“Premium” shall mean the price of insurance protection for a specified risk for a specified period of time.
“Supplemental insurance program” shall mean voluntary insurance benefits designed to supplement existing major medical coverage
where the payments are predetermined and paid regardless of other available coverage.
(79 Del. Laws, c. 391, § 1; 81 Del. Laws, c. 323, § 3.)
§ 5291. Payment of premium or subscription charges.
The participating employee shall pay all premium or subscription charges for the full cost of the supplemental insurance coverage
policy, with no premium cost to the State.
(79 Del. Laws, c. 391, § 1.)
§ 5292. Selection of the supplemental income benefits carrier.
The carrier shall be licensed in Delaware, selected by a proper vote of the Committee, and have adequate servicing facilities to carry
out the terms of the contract as awarded by the Committee. The selected carrier shall maintain a claims loss ratio of not less than 60%.
(79 Del. Laws, c. 391, § 1.)
§ 5293. Supplemental insurance program and design.
(a) The type of offered insurance shall be supplemental individual health insurance that is guaranteed renewable. This elective
supplemental insurance program will entitle participating employees to receive income indemnity. Accident, cancer, and critical care
and recovery, are to be required benefits of the offered supplemental policies. The Committee will determine whether premiums are to
be deducted pretax or after-tax. The group monthly electronic invoice file with payment deduction details, associated reconciliation of
premiums paid, and claims administration and payment due will be administered by the carrier and at their expense. The open enrollment
for supplemental benefits policies will coincide with the open enrollment for state employee benefits beginning in 2015.
(b) The Committee shall annually review the supplemental individual health insurance program participation. Should the Committee
determine that the volume of employee participation demonstrates a lack of interest or desire in accessing this program, the Committee
may on or after July 1, 2020, in its discretion vote to restructure, modify, or terminate the program.
(79 Del. Laws, c. 391, § 1.)
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Title 29 - State Government
Part V
Public Officers and Employees
Chapter 53
Early Retirement Option for State Employees
Subchapter I
General Provisions
§ 5301. Early retirement option.
(a) This chapter provides a 1-time early retirement option to state employees covered under Chapter 55 of this title who were employees
as defined in Chapter 55 of this title between December 1, 1990, and February 1, 1991.
(b) Elected officials shall not be eligible for this early retirement option for the pension they are entitled to receive under § 5527(d)
of this title.
(c) Except as provided hereinafter, employees who meet the eligibility requirements as contained in §§ 5306 and 5307 of this title
must make their election to retire under this option on the following schedule:
(1) Eligible employees of the State Department of Education, a school district which is part of the state school system, the University
of Delaware, Delaware State University or Delaware Technical and Community College must make their elections between March
15, 1991 and April 19, 1991.
(2) All other eligible employees must make their elections between February 1, 1991 and March 15, 1991; however, all members
of the Delaware National Guard or members of the U.S. Armed Forces Reserves who have been called to active duty must make their
elections within 45 days of the date they are no longer on active duty.
(3) These elections must be made in a form approved by the Board of Pension Trustees and shall be irrevocable.
(4) If it is determined by the State Pension Administrator that an employee is or was unable to make this election in a timely manner
due to circumstances beyond the employee’s control, the Administrator may extend the time period for making the election beyond
the periods specified in this subsection.
(5) In the event an eligible employee, prior to February 15, 1991, requests a computation of such employee’s prospective pension
benefit by the State Pension Administrator, the election required in paragraphs (d)(1) and (d)(2) of this section need not be made until
10 days after the State Pension Administrator has provided the employee, in writing, the amount of the pension benefit said employee
will be entitled to receive.
(d) Employees who elect the early retirement option must terminate their employment on the following schedule:
(1) Except as provided hereinafter, employees who elect the option under paragraph (c)(1) of this section must terminate their
employment on June 30, 1991 and their pensions will be effective July 1, 1991. Payment for unused sick and vacation pay for these
employees will not be disbursed until after June 30, 1991.
(2) Except as provided hereinafter, employees who elect the option under paragraph (c)(2) of this section must terminate their
employment on May 31, 1991 and their pensions will be effective June 1, 1991. Payment for unused sick and vacation pay for these
employees will not be disbursed until after June 30, 1991.
(3) Employees of the State Pension Office who meet the eligibility requirements under §§ 5306 and 5307 of this title and who elect
the early retirement option will be eligible to retire under the option not earlier than December 31, 1991 nor later than December 31,
1992 unless an earlier date is approved by the State Pension Administrator.
(4) Employees who elect the early retirement option and who are deemed to be essential to the normal operation of state government
shall have their termination date extended up to 12 months provided such extension is approved unanimously in writing, by a committee,
herein referred to as the “Early Retirement Option Delayed Retirement Committee,” comprised of the Director of State Personnel, the
Director of the Office of Management and Budget and the Controller General.
(e) Employees who elect the early retirement option under this chapter shall be considered to have also been eligible, for purposes of
computing their pensions under § 5527 of this title, to receive a service or disability pension under the provisions of Chapter 55 of this
title which were in effect immediately prior to the effective date of the 1976 Pension Act.
(f) No employee whose pension under Chapter 55 of this title is effective prior to January 1, 1991, shall be eligible for the early
retirement option contained in this chapter.
(g) Notwithstanding provisions of this chapter to the contrary, employees who retire under the early retirement option contained in this
chapter may contract with the State for personal services, as an independent contractor, for a period not to exceed 12 months provided
such contractual arrangement is approved unanimously, in writing, by the “Early Retirement Option Delayed Retirement Committee”
established by this chapter.
(h) The Director of State Personnel shall submit to the Controller General, Director of the Office of Management and Budget and the
Secretary of Finance by December 1, 1991, a report containing the specific disposition of each former employee electing retirement under
the provisions of this chapter and the disposition of each position so vacated.
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The content of said report shall be comprised of the state employment status of each individual electing retirement under the provisions
of this chapter, the position number of the position so vacated, the disposition of the position (deleted, transferred, reclassified, etc.),
the actual budgetary savings associated with the vacated position, the original funding source for the vacated position and the actual
budgetary savings net of the full retirement cost associated with the retired individual. The accounting period for the preceding actual
statistics will be the prior fiscal year.
Further, the report shall, for each affected position for the current fiscal year, estimate the budgetary savings net of the full retirement
cost regardless of funding source.
(68 Del. Laws, c. 8, § 1; 68 Del. Laws, c. 290, § 29; 69 Del. Laws, c. 67, § 2; 73 Del. Laws, c. 65, § 32; 75 Del. Laws, c. 88, §
21(13).)
§ 5302. Definitions.
(a) “Credited service” shall mean, for any individual, service as defined in § 5501(e) of this title, except that the provisions contained
in § 5501(e)(5), (8)-(11) of this title, requiring that the payment for service purchased under these subsections be made prior to the
issuance of his or her pension check, may be waived by the State Pension Administrator for any individual for a period not to exceed 2
months if such waiver is deemed by the Pension Administrator to be necessary to carry out the provisions of this chapter. This subsection
shall be in effect retroactively as of February 1, 1991.
(b) “Employee” shall mean an individual who meets the definition of an employee as defined in § 5501(f) of this title which is in
effect on February 1, 1991.
(c) For the purposes of this chapter, those individuals who must terminate employment on May 31, 1991, in accordance with § 5301(d)
(2) of this title, will receive credited service for the month of June 1991 in determining their eligibility for the early retirement option
provided by this chapter but that service will not be used in determining the amount of their pension benefits.
(d) The definitions contained in § 5501 (a)-(c), (f)-(i) of this title, which are in effect on February 1, 1991, shall apply to this chapter.
(68 Del. Laws, c. 8, § 1; 68 Del. Laws, c. 290, §§ 58, 59; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 174, § 1.)
§ 5303. Employment of pensioners.
(a) (1) An individual shall not receive a service or disability pension under this chapter for any month during which such individual is
an employee as defined in § 5302(b) of this title, nor may an individual receiving a service pension under this chapter be an employee as
defined in § 5302(b) of this title for a period of 5 years from the date of retirement under this chapter, unless such individual is:
a. An official elected by popular vote at a regular state election;
b. An official appointed by the Governor; or
c. A temporary, casual, seasonal or substitute employee as defined by the Board of Pension Trustees.
(2) An individual who has retired under this chapter or Chapter 55 of this title and who has been rehired by the Pension Office to
work on the implementation of the Early Retirement Program shall not be subject to the earnings limitation as contained in paragraph
(a)(1)c. of this section or § 5502(a)(3) of this title until December 31, 1992.
(b) An individual who has retired under this chapter shall not contract with the State for personal services, as an independent contractor,
for a period of 5 years from the effective date of retirement, unless such individual qualifies for 1 of the exceptions contained in paragraphs
(a)(1) and (a)(2) of this section.
(68 Del. Laws, c. 8, § 1; 68 Del. Laws, c. 431, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 119, § 2; 73 Del. Laws, c. 430, §
1.)
§ 5304. Attachment and assignment of benefits.
Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall
not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment
or transfer.
(68 Del. Laws, c. 8, § 1; 71 Del. Laws, c. 337, § 4.)
§ 5305. University of Delaware.
For persons employed by the University of Delaware, the provisions contained in § 5505 of this title, which are in effect on February
1, 1991, shall apply to this chapter.
(68 Del. Laws, c. 8, § 1.)
Subchapter II
Eligibility Provisions
§ 5306. Eligibility for service pension.
In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by
this chapter beginning with the month after the employee has terminated employment, if:
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(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under §
5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or
(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under §
5501(e)(4), (5) and (12) of this title, regardless of age.
(68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 174, § 1.)
§ 5307. Eligibility for disability pension.
In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by
this chapter beginning with the month after the employee has terminated employment, if:
(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under §
5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or
(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under §
5501(e)(4), (5) and (12) of this title, regardless of age.
(3) In addition to meeting the credited service and age requirements contained in paragraphs (1) and (2) of this section, an employee
must meet the requirements for a disability pension contained in § 5524 of this title, and the employee’s termination from employment
shall be governed by § 5524(b) of this title.
(68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 174, § 1.)
§ 5308. Payment of service pension.
Service pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee
becomes eligible to receive such pension and ending with the month in which the retired employee dies.
(68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.)
§ 5309. Payment of disability pension.
(a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired
employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases to be eligible or dies.
(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the
Board, the pensioner’s total earnings from any gainful occupation or business in the preceding calendar year. One twelfth of the excess of
such earnings over 1/2 of the annual rate of compensation received by the pensioner before he or she became disabled shall be deducted
from the pensioner’s disability pension during each of the 12 months beginning in July of the year following the calendar year for which
earnings are reported. If any person received a disability pension for less than 12 months in the calendar year for which earnings are
reported, the deduction, if any, shall be determined on a pro rata basis.
(c) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the pensioner to qualify
subsequently for a service pension or another disability pension.
(68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.)
§ 5310. Amount of service or disability pension.
(a) The amount of the monthly service or disability pension payable to a former employee shall be computed in accordance with the
provisions of § 5527(a)-(f) of this title except that 5 years shall be added to the former employee’s credited service for purposes of
calculating the amount of the monthly pension.
(b) The amount of monthly pension payable to a former employee for the first 3 months of retirement shall be double the amount
calculated in subsection (a) of this section, but in no case shall such amount exceed 100% of the former employee’s final compensation
in the last month of actual employment. Thereafter, the monthly pension payable shall be the amount calculated pursuant to subsection
(a) of this section.
(c) Individuals eligible for the early retirement option and whose pensions are effective prior to the dates specified in § 5301(d) of this
title shall have their pensions computed in accordance with the provisions of § 5527(a)-(f) of this title without taking into consideration
subsections (a) and (b) of this section until such time as they would have terminated in accordance with § 5301(d) of this title. Then,
beginning with the month that their pensions would have been effective had they terminated in accordance with § 5301(d) of this title,
their pensions shall be adjusted in accordance with subsections (a) and (b) of this section.
(68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.)
§ 5311. Survivor’s pension.
For persons eligible for a survivor’s pension, the provisions contained in § 5528 of this title, which are in effect on February 1, 1991,
shall apply to this chapter, except that an individual who has elected the early retirement option and whose death occurs prior to the
date specified in § 5301(d) of this title, shall have his or her pension computed in accordance with the provisions of § 5310(c) of this
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title, and the eligible survivor or survivors shall receive a survivor’s pension equal to 3/4 of the service pension for which the employee
would have been eligible.
(68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.)
§ 5312. Application for benefits.
The Board may require any employee, former employee or eligible survivor to furnish such information as may be required for the
determination of benefits under this chapter, or to authorize the Board to procure such information including, but not limited to, information
regarding benefits pursuant to the federal Social Security Act [42 U.S.C. § 301 et seq.]. The Board may withhold payment of any pension
under this chapter whenever the determination of such pension is dependent upon such information and the employee, former employee
or eligible survivor does not cooperate in the furnishing or procuring thereof.
(68 Del. Laws, c. 8, § 1.)
§ 5313. Adjustment of benefits.
Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be
adjusted as follows:
(1) If an individual’s pension is determined to be less than he or she is entitled to receive, it will be adjusted retroactively to the
effective date of the pension.
(2) If an individual’s pension is determined to be more than he or she is entitled to receive, it will be adjusted prospectively only.
(3) In no case shall a pension awarded under this chapter which has been in effect for 1 year be subject to reduction.
(68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.)
§ 5314. Board of Pension Trustees.
The Board of Pension Trustees, established by § 8308 of this title, shall be responsible for the general administration of this chapter
in accordance with Chapter 83 of this title.
(68 Del. Laws, c. 8, § 1.)
§ 5315. Actuarial valuations and appropriations.
(a) The state appropriations to fund the benefits provided by this chapter shall be deposited monthly into the State Employees’
Retirement Fund established by § 5541 of this title.
(b) The State’s appropriation to the Fund for the Fiscal Year 1991-92, and for each fiscal year thereafter, shall be the percentage of
covered payroll approved by the Board on the basis of the actuarial valuation as of June 30, 1991, and shall be the payment required to
amortize the added unfunded accrued liability over 24 years from July 1, 1991. The amortization payment shall be an amount computed
as a level percentage of the prospective total covered payroll to be determined on the basis of a growth rate of 4% per year, compounded
annually.
(68 Del. Laws, c. 8, § 1.)
§ 5316. Group life insurance.
(a) Upon the death of an individual receiving a pension under this chapter a benefit will be provided in the same manner as benefits
provided under § 5546 of this title to the designated beneficiary or in the absence of a designated beneficiary the amount of this benefit
shall be paid to the deceased pensioner’s estate.
(b) The benefit granted under this section shall not be construed as a contractual obligation of the State or of the Pension Fund and
may be revised or terminated by an act of the General Assembly.
(68 Del. Laws, c. 8, § 1; 68 Del. Laws, c. 290, § 60; 69 Del. Laws, c. 451, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 169, §
1; 73 Del. Laws, c. 146, § 4.)
§§ 5321, 5322. [Repealed].
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Title 29 - State Government
Part V
Public Officers and Employees
Chapter 54
Uniform Facsimile Signatures of Public Officials Act
§ 5401. Definitions.
As used in this chapter:
(1) “Authorized officer” means any official of this State or any of its departments, agencies or other instrumentalities or any of its
political subdivisions whose signature to a public security or instrument of payment is required or permitted.
(2) “Facsimile signature” means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an
authorized officer.
(3) “Instrument of payment” means a check, draft, warrant or order for the payment, delivery or transfer of funds.
(4) “Public security” means a bond, note, certificate of indebtedness or other obligation for the payment of money issued by this
State or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions.
(29 Del. C. 1953, § 5801; 58 Del. Laws, c. 57.)
§ 5402. Facsimile signature.
(a) Any authorized officer, after filing with the Secretary of State a manual signature certified by the authorized officer under oath,
may execute or cause to be executed with a facsimile signature in lieu of a manual signature:
(1) Any public security, provided that at least 1 signature required or permitted to be placed thereon shall be manually subscribed; and
(2) Any instrument of payment.
(b) Upon compliance with this chapter by the authorized officer, a facsimile signature has the same legal effect as a manual signature.
(29 Del. C. 1953, § 5802; 58 Del. Laws, c. 57; 70 Del. Laws, c. 186, § 1.)
§ 5403. Use of facsimile seal.
When the seal of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is required
in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped
or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
(29 Del. C. 1953, § 5803; 58 Del. Laws, c. 57.)
§ 5404. Violation and penalty.
Any person who with intent to defraud uses on a public security or an instrument of payment:
(1) A facsimile signature, or any reproduction of it, of any authorized officer; or
(2) Any facsimile seal, or any reproduction of it, of this State or any of its departments, agencies or other instrumentalities or of
any of its political subdivisions
is guilty of a felony and shall suffer such criminal sanctions and penalties as are appropriate in this State for conviction of the crime
of forgery.
(29 Del. C. 1953, § 5804; 58 Del. Laws, c. 57.)
§ 5405. Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(29 Del. C. 1953, § 5805; 58 Del. Laws, c. 57.)
§ 5406. Short title.
This chapter may be cited as the “Uniform Facsimile Signature of Public Officials Act.”
(29 Del. C. 1953, § 5806; 58 Del. Laws, c. 57.)
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Part V
Public Officers and Employees
Chapter 55
State Employees’ Pension Plan
Subchapter I
General Provisions
§ 5501. Definitions.
(a) “Approved medical leave” means a leave of absence from covered state employment, without pay, for a definite period of time,
authorized by the head of the employee’s department or agency, and necessitated by the employee’s mental and/or physical condition.
Approved medical leaves shall not exceed 1 year unless extended by the Board of Pension Trustees.
(b) “Board” means the Board of Pension Trustees established by § 8308 of this title.
(c) “Compensation” means for any individual all salary, wages and fees, including overtime payments and special payments for extra
duties, payable to such individual for service credited under paragraphs (e)(1), (2) and (3) of this section and the value of any maintenance
provided for the individual as part of such payments. For any post-2011 employee “compensation” means all salary, wages and fees,
including special payments for extra duties, excluding overtime payments payable to such individual for service credited under paragraphs
(e)(1), (2) and (3) of this section and the value of any maintenance provided for the individual as part of such payments. For those
individuals who purchase credited service under paragraph (e)(12) of this section “compensation” shall include the salary, wages and fees
that such individuals would have received had they remained in such employment for the term of the approved leave.
(d) “Correction officer” shall mean an employee employed by the Department of Correction in a position responsible for supervising
correctional officers in secured facilities and/or classified with a correctional officer job title.
(e) “Credited service” shall mean, for any individual:
(1) Service as an employee, excluding any period during which an employee is on an approved leave unless service credit for such
period or periods of leave is purchased pursuant to paragraphs (e)(9), (10), (11) and (12) of this section.
(2) Service before June, 1970, which was deemed to be “covered employment” as defined in this section as in effect on May 31, 1970.
(3) (i) Service for which credit was allowed pursuant to § 5522 of this title as in effect on May 31, 1970, and service before June,
1970, for which credit was allowed pursuant to § 5525(a) and (b) of this title as in effect on May 31, 1970; provided, however, that
the provisions of § 5525(c) of this title as in effect on May 31, 1970, shall remain in effect and (ii) service as a justice of the peace or
as a constable for Justices of the Peace Courts, regardless of whether such person was paid by salary or by fee; provided, however, that
if a justice of the peace or a constable for Justices of the Peace Courts is eligible for a pension under a county or municipal pension
system of this State, any such service used to establish eligibility under such county or municipal pension system shall only be used in
determining such an employee’s eligibility under this chapter and shall not be used to determine the pension to be paid under this chapter
to such an employee and (iii) service of any individual who became an employee under this chapter on July 1, 1969, in accordance with
Volume 57, Laws of Delaware, Chapter 228, provided that, notwithstanding any provision of this chapter to the contrary, the pension
of any such individual shall be the greater of the pension determined under this chapter or under the statutory pension system of the
county in which any such individual was employed on June 30, 1969, as such statutory pension system was in effect on June 30, 1969,
with the amount of any such pension to be determined by using any such individual’s total period of service up to retirement.
(4) Who first became an employee before July 1, 1976, full-time active duty, not in excess of 5 years, in the armed services of
the United States during time of war or national emergency, provided that the individual became an employee within 5 years after
completion of the individual’s tour of duty, or within 5 years after the completion of a course of professional or vocational training, if
such course was begun within 5 years after completion of the individual’s tour of duty, except that the aforesaid 5-year period within
which the individual must become an employee shall not apply to full-time officers and members of the National Guard of the State
who were active members of the State Employees’ Pension Plan on June 1, 1970.
(5) Who first became an employee before July 1, 1976, service in professional educational employment, not in excess of 4 years,
performed for another state, a municipality in another state, the federal government or an accredited private school or college anywhere
in the world, provided that the individual who rendered such service (i) subsequently becomes an employee as a schoolteacher,
professional administrative or supervisory employee or school nurse employed in a public school, the State Department of Education,
the University of Delaware, Delaware State University or Delaware Technical and Community College and (ii) on or before the date of
issuance of the first pension benefit check, pays into the fund an amount equal to 5% of the final average compensation for each month
so credited except that individuals who retire prior to December 31, 1981, and who elect not to buy-in under subsection (f) of this
section shall pay into the Fund an amount equal to 5% of the prior final average compensation for each month so credited; provided,
however, that an individual shall not be permitted to obtain credited service under this section for out-of-state professional educational
employment for any month during which such individual received a pension under this chapter.
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(6) If an individual ceases to be an employee before the individual has acquired 5 years of credited service, the individual’s service
credits to the date of termination shall be cancelled but shall be restored if: (i) The cessation of employment is due to absence on
account of military service, disability or approved leave, under such rules as the Board may adopt, and the individual again becomes an
employee within 4 months after such absence, or (ii) the individual again becomes an employee within 4 months after such cessation
of employment, or (iii) the individual subsequently acquires 5 years of credited service, or (iv) the individual has been involuntarily
terminated for reason other than cause and is rehired within 2 years of the involuntary termination, or (v) the individual has joined
another state pension plan which provides for a unified state service pension, or (vi) the individual is subsequently employed in the
rehabilitation aide program of the Division of Vocational Rehabilitation of the Department of Labor, provided that if the individual has
withdrawn such contributions the individual repays them with interest at a rate determined by the Board.
(7) Any former or present State Fire Marshal, Deputy State Fire Marshal or any successor or substitute therefor who shall have been
a volunteer and uncompensated State Fire Marshal or Deputy State Fire Marshal shall receive full credit for the time served as such
volunteer and uncompensated State Fire Marshal or Deputy State Fire Marshal in computing the number of years’ service required to
receive pension benefits provided in this chapter.
(8) Any employee may elect to purchase (i) up to 5 years of credited service for full-time active duty in the armed services of the
United States, and/or (ii) up to 5 years of credited service for full-time employment performed for another state, a political subdivision
of another state or other service with this State for which the employee will not receive pensionable credit in another Delaware state
pension plan, a county or municipality of this State, the federal government or an accredited private school or college anywhere in the
world, provided that the individual pays into the Fund, on or before the date of issuance of the individual’s first benefit check, a single
lump-sum payment equal to the actuarial value of the pension benefits to be derived from such service credits computed on the basis
of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation. An individual may
not accrue a total of more than 10 years of credited service under this paragraph and under paragraphs (e)(4) and (5) of this section,
and any credited service purchased under this paragraph shall not be used to determine eligibility for benefits under this chapter.
(9) Approved medical leave if the employee pays into the Fund prior to the issuance of his or her first pension check contributions
determined by multiplying the rates in effect at the time of payment for employee contributions and state appropriations times the
average of the 36 months of creditable compensation used to calculate the individual’s pension benefit times the months or fractions
thereof so credited. Any credited service purchased for medical leave shall not be used to determine eligibility for benefits under this
chapter. For an employee who first became employed before July 1, 1976, the maximum amount of employee contributions and state
appropriations used in this calculation will be 5% of the final average compensation.
(10) Approved sabbatical leave other than that provided by § 1325 of Title 14 if the employee pays into the Fund, prior to the
issuance of his or her first pension check, contributions equal to the sum of the employee contributions and state appropriations which
would have been made to the Fund during such periods of sabbatical leave, with the amount of such contributions to be determined
in accordance with rules and regulations adopted by the Board.
(11) Approved leave, other than approved medical and sabbatical leaves, provided that the employee pays into the Fund, prior to
the issuance of his or her first pension check, contributions determined by multiplying the rates in effect at the time of payment for
employee contributions and state appropriations times the average of the 36 months of creditable compensation used to calculate the
individual’s pension benefit times the months or fractions thereof so credited. Any credited service purchased under this paragraph
shall not be used to determine eligibility for benefits under this chapter.
(12) Approved leave granted to an employee without pay, for a definite period of time, inclusive of approved extensions, authorized
by the head of the employee’s department or agency to assume an elected position in an employee organization as defined in Chapter
40 of Title 14, Chapter 13 of Title 19 and Chapter 16 of Title 19; provided, that within 15 days following the end of each month that
such an employee is on such leave, the employee pays contributions equal to the sum of the employee contributions and employer
appropriations that would have been made to the Fund based on the salary that would have been paid to the employee had the employee
continued to be employed in the capacity in which such employee was employed immediately prior to such leave by an entity described
in paragraph (a)(1) of this section during such approved leave of absence.
(13) In determining an employee’s eligibility under this chapter, such an employee shall be considered to have been in covered
employment during a period of documented interruption not to exceed 2 months and not otherwise provided for in this chapter.
The term “documented interruption” shall be defined in the rules and regulations of the Board of Pension Trustees but shall not
include interruptions due to termination of employment. Time so credited under this subsection for eligibility shall not be used for the
computation of retirement benefits. This subsection shall apply to employees who retire on or after January 1, 1979.
(14) “Equalized state service” shall mean:
a. Years of service as an “employee” as defined in § 5551(5) of this title, multiplied by 30/30, provided that the individual is not
accruing nor collecting benefits under Chapter 55A of this title. It shall not include service for which the employee has received the
withdrawal benefit provided by § 5580 of this title, or the refund provided by § 5573(b) of this title, unless such benefit or refund
is first repaid with interest at a rate determined by the Board before such service may be equalized.
b. Years of service as an “employee” as defined in § 8351(5) of Title 11, multiplied by 30/25, provided that the individual is not
accruing or collecting benefits under subchapter III of Chapter 83 of Title 11. It shall not include service for which the employee
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has received the withdrawal benefit provided by § 8374 of Title 11, or the refund provided by § 8364(d) of Title 11, unless such
benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.
c. Years of service as an “employee” as defined in § 8801(5) of Title 11, multiplied by 30/25, provided that the individual is not
accruing or collecting benefits under Chapter 88 of Title 11. It shall not include service for which the employee has received the
withdrawal benefit provided by § 8824 of Title 11, or the refund provided by § 8814(d) of Title 11, unless such benefit or refund
is first repaid with interest at a rate determined by the Board before such service may be equalized.
d. Years of service as a “member” as defined § 5600(5) of this title, provided that the individual is not accruing nor collecting
benefits under Chapter 56 of this title. It shall not include service for which the employee has received the withdrawal benefit provided
by § 5612(b) of this title, or the refund provided by § 5608(b) of this title, unless such benefit or refund is first repaid with interest
at a rate determined by the Board before such service may be equalized.
(15) Service with the Delaware Solid Waste Authority as established by Chapter 64 of Title 7.
(16) Service prior to October 1, 1987, with the county Prothonotary offices provided that the individual was employed by that office
immediately prior to October 1, 1987, and further provided that the past service cost associated with such service is paid into the Fund,
by the respective counties, on a schedule approved by the Board of Pension Trustees.
(17) Service commencing July 1, 1995, with the Office of Disciplinary Counsel, which office
