Title 29, State Government

§ 7526. Use of appropriated funds for inspecting and auditing. (a) The local school district shall apply such portions of the total cost of any school construction improvement authorized by a school construction bond authorization act as shall be necessary to provide for the cost…

§ 7527. Expendable supplies. Funds appropriated for school construction improvements by an authorization act shall not be expended for educational supplies of an expendable nature which are consumed or materially changed as they are used or which have a useful life of less than 4…

§ 7528. Minor capital improvements. (a) The proceeds of bonds and notes may be applied to the cost of minor capital improvements. Minor Capital Improvements shall mean, but shall not be limited to, capital expenditures for rebuilding or major repairs of roofs, floors, heating sys…

§ 7529. School building maintenance [Repealed]. Repealed by 74 Del. Laws, c. 308, § 63(b), effective July 1, 2004.

§ 7530. Guaranteed energy cost savings contracts. School districts, notwithstanding any other provision of this Code, are authorized to enter into long term contracts known as “guaranteed energy cost savings.” They are empowered to use their annual Division II energy appropriatio…

§ 7601. State Clearinghouse Committee. (a) There is established the Delaware State Clearinghouse Committee (“Committee”) for federal grant and nonfederal grant coordination. (b) The Committee consists of the following members, or designee of the member: (1) The Chairperson and th…

§ 7602. Powers, duties and functions of Committee. The Clearinghouse Committee shall: (1) Establish state goals and objectives for maximizing the utilization of federal aid and nonfederal aid programs. (2) Promulgate procedures and guidelines for all state departments, agencies, …

§ 7603. Submission of plans and applications. Prior to submitting state or local plan(s) or application(s) to federal or nonfederal authorities for the purpose of receiving funds such plan(s) or application(s) shall be submitted to the Director of the Office Management and Budget…

§ 7604. Required public hearing on applications for block grants. (a) The Delaware State Clearinghouse Committee shall be the designated Committee to hold any required public hearing on an application for a block grant from the federal government for the following purposes: (1) T…

§ 7701. Proclamation of emergency temporary location of the seat of government. (a) For purposes of this subchapter: (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…

§ 7702. Legality of acts. While the seat of government remains at the emergency temporary location established under § 7701(b) of this title, all official acts that are required by law to be performed in Dover by any officer, agency, department, or authority of this State, includ…

§ 7703. Conflict with other laws. Notwithstanding any other law to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this subchapter.29 Del. C. 1953, § 7703; 53 Del. Laws, c. 137; 81 Del. Laws, c. 449, § 25;

§ 7721. Purpose; establishment of new location. (a) For purposes of this subchapter: (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, radiologi…

§ 7722. Legality of acts. While the political subdivision’s public business is being conducted at the emergency temporary location established under § 7721(b) of this section, the governing body and other officers of the political subdivision shall have and possess and shall exer…

§ 7723. Conflict with other laws. Notwithstanding any law of this State, municipal charter, or ordinance of a political subdivision of this State to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this sub…

§ 7801. Short title. This chapter is known and may be cited as the “Emergency Interim Executive Succession Act.”29 Del. C. 1953, § 7801; 54 Del. Laws, c. 108; 81 Del. Laws, c. 449, § 29;

§ 7802. Statement of policy. The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for emergency interim succession to governmental offices of this State, and its political subdivisions, if the incumbents of these offices or t…

§ 7803. 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 us…

§ 7804. Emergency interim successors for state officers. (a) All state officers shall do all of the following: (1) Designate not less than 3 nor more than 7 emergency interim successors to the officer’s powers and duties. The emergency interim successors under this paragraph (a)(…

§ 7805. Enabling authority for emergency interim successors for certain political subdivision offices. (a) With respect to municipal and county offices for which the legislative bodies of municipalities and counties may enact resolutions or ordinances relative to the manner in wh…

§ 7806. Emergency interim successors for certain political subdivision officers. (a) This section applies to officers of political subdivisions not included in § 7805 of this title. (b) All officers governed by this section shall do all of the following: (1) Designate by title no…

§ 7807. Formalities of taking office. (a) At the time of an individual’s designation as an emergency interim successor, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual …

§ 7808. Period in which authority may be exercised. (a) An individual authorized to act as an emergency interim successor may exercise the powers and discharge the duties of an office as authorized by this chapter only after an emergency event has occurred. (b) The General Assemb…

§ 7809. Removal of designees. Until an individual who is designated as an emergency interim successor is authorized to exercise the powers and discharge the duties of an office, the individual serves at the pleasure of the designating authority and may be removed or replaced by t…

§ 7810. Disputes. The Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor shall settle any dispute concerning a question of fact arising under this chapter with respect to an office in the…

§ 7901. Establishment of Department of Health and Social Services. A Department of Health and Social Services is established.29 Del. C. 1953, § 7901; 57 Del. Laws, c. 301, § 1;

§ 7901A. Objectives. The primary objective of this chapter is to provide for the registration of cemeteries in Delaware. The secondary objectives are to appropriately refer complaints from the public relating to cemeteries and to create a fund that can be used to ameliorate the c…

§ 7902. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment. (a) The administrator and head of the Department is the Secretary of the Department of Health and Social Services (“Secretary”), who must be a person qualified by training and experience to pe…

§ 7902A. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16]. As used in this chapter unless otherwise stated: (1) “Abandoned cemetery” means a cemetery where there is no owner of record in the respective county’s recorder of deeds records. (2) “Board” m…

§ 7903. Powers, duties and functions of the Secretary [Effective until July 17, 2028]. The Secretary may: (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) Appoint and fix t…

§ 7903A. Cemetery Board. (a) There is established a Cemetery Board that shall consist of 5 members appointed by the Secretary of the Department of Health and Social Services including 3 who are owners or operators of cemeteries and 2 who are public members. Each member shall serv…

§ 7904. Division of Public Health; Department of Health and Social Services. (a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services for the purpose of protecting and promoting …

§ 7904A. Powers and duties. The Cemetery Board shall have authority to: (1) Promulgate rules and regulations necessary to implement this chapter; (2) Designate the registration form to be used by all registrants; (3) Administer the Distressed Cemetery Fund; (4) Designate the form…

§ 7905. Office of Women’s Health. (a) The Office of Women’s Health is hereby established within the Division of Public Health, in the Department of Health and Social Services. (b) For purposes of this section: (1) “Department” means the Department of Health and Social Services. (…

§ 7905A. Records. The Department shall keep a register of cemeteries in this State and records relating to meetings of the Board.76 Del. Laws, c. 317, § 1;

§ 7906. Community services. There are established within the Department of Health and Social Services the programs and functions of community services involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant…

§ 7906A. Registration required. All cemetery companies and cemetery owners in this State shall register every 5 years or upon change of ownership with the Cemetery Board and pay the registration fee determined by Department of Health and Social Services in an amount that approxim…

§ 7907. Delaware Residents’ Protection Commission. (a) (1) There is established a Delaware Residents’ Protection Commission. The Commission’s purpose is to monitor the quality of care, quality of life, and safety provided to Delaware’s residents of monitored facilities in both pr…

§ 7907A. Distressed Cemetery Fund. (a) The Distressed Cemetery Fund is funded by adding $2.00 to the fee established in § 3132 of Title 16 for each copy of a certificate of death. Individuals and organizations may also make contributions or bequests to the Fund. (b) Administrativ…

§ 7908. Division of Substance Abuse and Mental Health. (a) As used in this section: (1) “Behavioral health condition” means as defined in § 5601 of Title 16. (2) “Behavioral health treatment program” or “program” means as defined in § 5601 of Title 16. (3) “Behavioral health trea…

§ 7908B. Division of Substance Abuse and Mental Health. When a law-enforcement officer contacts Crisis Intervention Services or suspects an individual is experiencing an overdose or a suicide attempt, the law-enforcement officer may disclose the individual’s identifying informati…

§ 7909. Behavioral Health Planning and Advisory Council. (a) The Advisory Council to the Division of Substance Abuse and Mental Health is hereby dissolved and reestablished as the Behavioral Health Planning and Advisory Council (“Council”) to assume the functions of the Advisory …

§ 7909A. Division of Developmental Disabilities Services. (a) There is hereby established the Division of Developmental Disabilities Services under the direction and control of the Secretary of the Department of Health and Social Services. (b) The mission of the Division of Devel…

§ 7910. Advisory Council to the Division of Developmental Disabilities Services. (a) There is established the Advisory Council to the Division of Developmental Disabilities Services. (b) The Advisory Council to the Division of Developmental Disabilities Services serves in an advi…

§ 7911. Division of Social Services. The Division of Social Services is established having the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pur…

§ 7912. Council on Family Services. (a) There is established the Council on Family Services. (b) [Repealed.] (c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor. (d) At least 3, but no more than 4, members of t…