Title 29 — State Government

§ 6062. Roth savings option. (a) The Board shall ensure that 26 U.S.C. §§ 403(b) and 457(b) retirement plans allow participants the option to designate their contributions into the plans as Roth contributions. (b) The Office of Management and Budget shall make all necessary chang…

§ 6071. Establishment. (a) The First State Quality Improvement Fund is hereby established within the Department of Human Resources. (b) Moneys provided to the Fund shall be subject to an annual appropriation by the General Assembly in the Annual Budget Act of the State of Delawar…

§ 6072. Legislative intent. The General Assembly finds that Delaware state agencies and employees can improve their performance and delivery of services to Delaware citizens by implementing a long-term commitment to continuous improvement, performance budgeting and other initiati…

§ 6073. Purposes. (a) The Fund shall be expended for long-term commitments to continuous quality improvement and other operational excellence initiatives, except as provided in § 6076. (b) Moneys appropriated to the Fund may be allocated for activities and programs based on commo…

§ 6074. Distribution and accountability of the First State Quality Improvement Fund. The Department of Human Resources Training and HR Solutions Division in partnership with the Government Efficiency and Accountability Review (GEAR) Program management team shall adopt rules and r…

§ 6075. Fund purpose [Repealed].70 Del. Laws, c. 338, § 1; 77 Del. Laws, c. 84, § 73; 77 Del. Laws, c. 327, § 66; 78 Del. Laws, c. 78, § 66; 78 Del. Laws, c. 290, § 62; 79 Del. Laws, c. 78, § 60; 79 Del. Laws, c. 290, § 63; 80 Del. Laws, c. 79, § 62; 80 Del. Laws, c. 298, § 66; 8…

§ 6076. Emergency and special appropriations. (a) In the event of an emergency involving the health, safety or welfare of the citizens of the State, any portion of the balance remaining in the Fund may be expended pursuant to an act of appropriation passed by 3/5 of all the membe…

§ 6077. Termination. The First State Quality Improvement Fund may be terminated by the General Assembly, upon the recommendation of the Joint Finance Committee when, in the opinion of the Joint Finance Committee, the program has not realized improvement in agency performance, mon…

§ 6078. Liberal construction of chapter. This chapter, being necessary for the prosperity and welfare of the State and its citizens, shall be construed liberally to effect the purposes of this chapter.70 Del. Laws, c. 338, § 1; 77 Del. Laws, c. 84, § 73; 77 Del. Laws, c. 327, § 6…

§ 6080. Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of …

§ 6081. Definitions. (a) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled …

§ 6082. Requirements. Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after July 20, 1999, shall do 1 of the following: (1) Become a participating man…

§ 6083. Findings and purpose. The General Assembly hereby finds that violations of Chapter 60C of this title, the Delaware Tobacco Settlement Act of 1999, threaten the integrity of the Tobacco Master Settlement Agreement, the fiscal soundness of the State, and the public health. …

§ 6084. Definitions. (a) “Affixing agent” means a person who is authorized to affix tax stamps to packages or other containers of cigarettes under Chapter 53 of Title 30 or any person that is required to pay the excise tax imposed pursuant to Chapter 53 of Title 30 on Cigarettes.…

§ 6085. Certifications; directory; tax stamps. (a) Certification. — Every tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver in the manner p…

§ 6086. Agent for service of process. (a) Requirement for agent for service of process. — Any nonresident or foreign Non-participating manufacturer that has not registered to do business in the State as a foreign corporation or business entity shall, as a condition precedent to h…

§ 6087. Reporting of information; escrow installments. (a) Reporting by affixing agents. — Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Department, each affixing agent shall submit such information as the Depart…

§ 6088. Penalties and other remedies; Class B misdemeanor. (a) License revocation and civil penalty. — In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that an affixing agent has violated § 6085(c) of this title or any regulati…

§ 6089. Miscellaneous provisions. (a) Notice and review of determination. — A determination of the Attorney General to not include or to remove from the Directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Chapter 101 of …

§ 6090. Establishment; statement of purpose. (a) There is established a Public Attorney Student Loan Repayment Program for attorneys employed by the State or 1 of Delaware’s civil legal aid organizations for the purpose of practicing law. The program allows qualified applicants t…

§ 6091. Definitions. As used in this subchapter: (1) “Award” means the Council’s decision to make a loan payment on an applicant’s behalf. (2) “Civil legal aid organization” means Community Legal Aid Society, Delaware Volunteer Legal Services, or Legal Services Corporation of Del…

§ 6092. Funding. (a) Appropriations for the program will be made to the Council through the annual Appropriations Act in a separate line item appropriation. The Council is authorized to accept private donations and federal funding to support the program. (b) The Council may use u…

§ 6093. Eligibility for the program. To qualify to participate in the program, all of the following must apply: (1) The applicant has secured a qualified educational loan prior to submitting an application. (2) The applicant is an active member in good standing of the Bar of the …

§ § 6094. Application. (a) The application to participate in the program shall require the applicant to certify that they meet the eligibility requirements of § 6093 of this title. The application shall otherwise be in the form prescribed by the Council. (b) The applicant must su…

§ 6095. Decision and disbursement. (a) The ability to make awards each year is contingent upon the availability of funds. (b) Funds are to be distributed evenly amongst the qualified applicants per year, with the loan award committee meeting annually to oversee the allocation of …

§ 6096. Amount of award. An award shall be a minimum of $2,500 and shall not exceed $5,000.83 Del. Laws, c. 499, § 1;

§ 6097. Rules and regulations. The Council may adopt implementing rules and regulations. Rules and regulations shall be adopted in consultation with the loan award committee.83 Del. Laws, c. 499, § 1;

§ 6098. Penalties. If an applicant knowingly submits false information or commits fraud in connection with the application process, the Council may reevaluate the applicant’s eligibility for an award and may withdraw an award. Any award made as the result of deliberate fraud may …

§ 6099. Annual reporting. Each fiscal year, the Council shall report to the General Assembly, the Attorney General, Chief Defender, and the Chief Justice the following summary data, which shall be de-identified to the greatest extent possible: (1) The aggregate number of attorney…

§ 6101. Definition of agency. The term “agency,” as used in this chapter, shall include every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer …

§ 6102. Composition of General Fund; Delaware Higher Education Loan Program Fund. (a) Except as otherwise specifically provided by law, all receipts and moneys of this State shall be deposited by or to the credit of the State Treasurer in 1 General Fund. The General Fund shall in…

§ 6102A. Twenty-First Century Fund Investments Act. (a) This section shall be referred to as the “Twenty-First Century Fund Investments Act of 1995,” hereinafter referred to as “the Act.” (b) (1) A special fund of the State is created in the Department of Finance to be known as t…

§ 6103. Deposit of state money. (a) All moneys which belong to the State shall be deposited on day of receipt to the credit of the State Treasurer in the designated depository of the State’s funds, with the exception of moneys received after the close of normal banking hours or w…

§ 6104. Requirement of registration with Selective Service System. All males born after January 1, 1960, must have registered with the Selective Service System in order to be eligible for any scholarship, loan, grant or any program supported by the General Fund, or any subsequent…

§§ 6201-6205. Creation; administration generally; transfer of tax proceeds received from distribution of stock pursuant to a court order enforcing the antitrust laws; custodian and administrator of Fund; investment of moneys in the Fund; reports to General Assembly; expenditure o…

§§ 6210-6213. Created; initial funding; expenditures; withdrawals from the Fund; reversion of unused funds; idle moneys to be held in Capital Investment Fund [Repealed]. Repealed by 74 Del. Laws, c. 367, § 4, effective July 19, 2004.

§ 6301A. Establishment of Office of Management and Budget. An Office of Management and Budget, referred to in this chapter as “Office,” is hereby established.75 Del. Laws, c. 88, § 4;

§ 6302A. Director; appointment; salary; bond; employees and assistants. (a) The administrator and head of the Office is the Director of the Office of Management and Budget (“Director”). (1) The Director is appointed, confirmed, and holds office as provided in § 10 of Article III …

§ 6303A. General powers and duties. The Director of the Office of Management and Budget shall have the following powers, duties and functions: (1) To audit, inspect and examine the accounts and the affairs of and the records of any agency of this State at such times as deemed exp…

§ 6304A. Limitation on power to investigate. The Director shall not investigate or require reports from the judiciary or from the courts of this State, from any private hospital, from the General Assembly, from any local or special school district respecting locally raised (non-s…

§ 6305A. Exemptions. The following positions set forth in this section shall be exempt from Chapter 59 of this title: (1) Director of the Office of Management and Budget; (2) Management Services Administrator; (3) Facilities Management Administrator; (4) Government Support Servic…

§ 6306A. Management Services. (a) The Management Services Section of the Office of Management and Budget is hereby established, having the powers, duties and functions as follows: (1) Administer and coordinate the recordkeeping, fiscal affairs, information technology, statistics,…

§ 6307A. Facilities management [For applicability of this section, see 81 Del. Laws, c. 267, § 3]. (a) The Facilities Management Section of the Office of Management and Budget is hereby established having powers, duties and functions as follows: (1) Advise the Director of the Off…

§ 6308A. Government Support Services. (a) As used in this section: (1) “Duly authorized volunteer fire department” shall mean a volunteer fire department recognized as such by the State Fire Prevention Commission. (2) “Local government unit” shall mean any municipality incorporat…

§ 6309A. Human Resources Management [Repealed].75 Del. Laws, c. 88, § 4; repealed by 81 Del. Laws, c. 66, § 6, eff. July 1, 2017.;

§ 6310A. Benefits and Insurance Administration [Repealed].75 Del. Laws, c. 88, § 4; repealed by 81 Del. Laws, c. 66, § 7, eff. July 1, 2017.;

§ 6311A. Budget Development, Planning and Administration. (a) The Budget Development, Planning and Administration Section of the Office of Management and Budget is hereby established, having the powers, duties and functions as follows: (1) Oversees the preparation, presentation a…

§ 6312A. Functions prior to July 1, 2005. The Office of Management and Budget, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested in the Division of F…

§ 6313A. Appeals. Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Office of Management and Budget or to any division or subdivision thereof, shall continue …

§ 6314A. Transfers and continuity. (a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Office of …