Chapter 87

§ 8701 Establishment of Department of State. A Department of State is established having, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and the responsibility for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to Chapter 23 of this title. 29 Del. C. 1953, §  8701; 57 Del. Laws, c. 570, §  1 ; § 8702 Secretary; division directors; Acting Secretary; appointment. (a) The administrator and head of the Department is the Secretary of State (“Secretary”). (1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution. (2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act. (3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution. (b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of assistant to the Secretary of State and division director as are vacant. Persons so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such persons may be removed by the Secretary with the written approval of the Governor. (c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the assistant to the Secretary of State or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until the successor is duly qualified and appointed. 29 Del. C. 1953, §  8702; 57 Del. Laws, c. 570, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 278, § 1 ; 84 Del. Laws, c. 455, § 13 ; 85 Del. Laws, c. 43, § 1 ; § 8703 Powers, duties and functions of the Secretary. The Secretary of State shall have, in addition to the other powers, duties and functions as provided by law, the following powers, duties and functions: (1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) To appoint and fix the salary of, with the written approval of the Governor, the following division directors, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary: a. A Director of the Division of Corporations, who shall be known as the Director of Corporations and who shall be qualified by training and experience to perform the duties of the office; b. A Director of the Division of Historical and Cultural Affairs, who shall be known as the Director of Historical and Cultural Affairs and who shall be qualified by training and experience to perform the duties of the office; c. A Director of the Division of Public Utility Control who shall be qualified by training and experience to perform the duties of the office; d. A Director of the Division of Professional Regulation who shall be qualified by training and experience to perform the duties of the office. (3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law; (4) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained; (5) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title; (6) To delegate any of the Secretary’s powers, duties or functions to a director of a division except the power to remove employees of the Department or to fix their compensation; (7) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State; (8) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department; (9) To adopt an official seal or seals for the Department. 29 Del. C. 1953, §  8703; 57 Del. Laws, c. 570, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  10 ; § 8704 Division of Corporations. The Division of Corporations is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Secretary of State pursuant to Subtitle I of Title 6 and Title 8. 29 Del. C. 1953, §  8704; 57 Del. Laws, c. 570, §  1 ; § 8705 Division of Historical and Cultural Affairs. (a) The Division of Historical and Cultural Affairs is established and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in: (1) The Department of State pursuant to subchapter II of Chapter 5 of this title relating to Historical Buildings, Sites, Objects and Archaeological Resources, and the State Museum pursuant to subchapter III of Chapter 5 of this title; and pursuant to Chapter 53 of Title 7, relating to archaeological resources and activities in the State; (2) The Lewes Memorial Commission; (3) The Delaware Day Commission; (4) The Portrait Commission; (5) The Delaware Archaeological Board; and (6) The Governor pursuant to Chapter 53 of Title 7 relating to granting permits to survey and excavate archaeological resources in the State. (b) The Division of Historical and Cultural Affairs is hereby authorized to retain revenue received from land and building rentals, including but not limited to Buena Vista, Belmont Hall, Dayett Mills, The Lindens, McCrone House, John Dickenson Plantation and the Meeting House Galleries, to support these operations. The Division is further authorized to use revenues derived from future property and building acquisitions for operational support of those facilities and properties as they are acquired. Spending authority shall be subject to the requirements of the annual appropriation act. 29 Del. C. 1953, §  8705; 57 Del. Laws, c. 570, §  1 ; 72 Del. Laws, c. 91, §  74 ; 73 Del. Laws, c. 310, §  12 ; 75 Del. Laws, c. 153, §  16 ; § 8706 Public Archives. The Delaware Public Archives is established as a Division and shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Public Records Law as described in subchapter 1 of Chapter 5 of this title. 72 Del. Laws, c. 91, §  75 ; § 8707 Delaware Government Information Center. (a) The Government Information Center shall have the following functions and duties: (1) To publish, maintain and continuously update content on the State’s Internet portal to facilitate convenient and comprehensive access to government information; (2) To provide convenient access to a complete collection of on-line information and resources published by state government and a comprehensive and current collection of online information and resources published by local, state and federal agencies of interest to the public; (3) To provide information and resource materials related to Internet content management and online publishing services to state agencies, state and local governmental units and their subdivisions and, at the Department’s discretion, to not-for-profit and other organizations to ensure every Delaware citizen easy access to online government information; (4) To promote increased usage of Delaware’s diverse collection of online resources and encourage community input in identifying and assessing areas for improvement; (5) To recommend statewide web publishing standards and projects consistent with information technology standards articulated by the Department of Technology and Information; (6) To promote adherence to statewide standards that improve citizen access to information and to institute and maintain a training and information program on Internet publishing and content management to bring approved and current practices, methods, procedures and devices for the efficient and economical management of Internet content to the attention of all agencies and political subdivisions; (7) To coordinate efforts to ensure that content on state websites is readily accessible to individuals with disabilities; (8) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for the purposes provided hereinafter; (9) To recommend legislation in concert with affected state agencies to ensure that citizens achieve convenient and meaningful access to statewide Internet content; (10) To enter into contracts or agreements to provide or to obtain services and materials; provided that such contracts or agreements relating to information technology will follow the business policies and procedures established by the Department of Technology and Information; (11) To perform all other activities pertinent to the organizational function of the Government Information Center; and (12) To set reasonable fees for and make available for all political subdivisions in this State either the “electronic procurement advertising system,” required by § 6902 of this title if practicable or in lieu thereof another website allowing for the public posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(5), 10115(b) and 10124(1) of this title. The fees establish pursuant to this paragraph shall approximately and reasonably reflect all costs necessary to defray the expenses of the Government Information Center’s activities required in providing such websites for political subdivisions in this State. (b) In lieu of the requirements of § 8731(b) of this title, state agencies that publish on-line copies of publications, reports, forms and other materials may provide the Department with electronic addresses to access such materials for the purpose of making accessible to Delaware and other citizens resource materials published electronically at the expense of the State. The Administrator of the Government Information Center shall disseminate policies and procedures for providing such access and shall publish a comprehensive online directory of all government forms, publications and other such information available to the public through the State’s websites. 75 Del. Laws, c. 89, §  131 ; 78 Del. Laws, c. 288, §  8 ; 82 Del. Laws, c. 36, § 1 ; 83 Del. Laws, c. 65, § 2 ; 84 Del. Laws, c. 124, § 1 ; 84 Del. Laws, c. 513, § 1 ; § 8708 Exemptions. The following positions set forth in this chapter shall be exempt from Chapter 59 of this title: (1) Secretary of State; (2) Assistant to the Secretary of State; (3) Director of Corporations; (4) State Bank Commissioner; (5) Director of Division of the Arts; (6) Director of Libraries; (7) Director of the Division of Human and Civil Rights. (8) Director of Historical and Cultural Affairs; (9) State Archivist and Records Administrator; (10) Executive Director of the Public Employment Relations Board; (11) Director of Professional Regulation; (12) Director of the Public Service Commission; and (13) Public Advocate. 29 Del. C. 1953, §  8708; 57 Del. Laws, c. 570, §  1 ; 63 Del. Laws, c. 195, §  1C ; 67 Del. Laws, c. 128, §  1 ; 68 Del. Laws, c. 149, §  27 ; 68 Del. Laws, c. 224, §  3 ; 69 Del. Laws, c. 257, §  1 ; 72 Del. Laws, c. 91, §  76 ; 75 Del. Laws, c. 88, §  18 ; 83 Del. Laws, c. 305, § 8 ; § 8709 Assumption of powers. The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the Secretary of State, the Public Archives Commission and the State Archivist, the Lewes Memorial Commission, the Delaware Day Commission, the Portrait Commission and the Delaware Archaeological Board immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter. 29 Del. C. 1953, §  8709; 57 Del. Laws, c. 570, §  1 ; § 8710 Appeals. Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law. 29 Del. C. 1953, §  8710; 57 Del. Laws, c. 570, §  1 ; § 8711 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 Department shall on the effective date of this chapter be delivered into the custody of the Department. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred and governing such functions and which are in effect upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Department and, being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department. (b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter. (c) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of State as created and established in this chapter. (d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created in this chapter. 29 Del. C. 1953, §  8711; 57 Del. Laws, c. 570, §  1 ; § 8712 Annual report. The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operation and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law. 29 Del. C. 1953, §  8712; 57 Del. Laws, c. 570, §  1 ; § 8713 Misnomer of Department in donation. Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described. 29 Del. C. 1953, §  8713; 57 Del. Laws, c. 570, §  1 ; § 8714 Budgeting and financing. (a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. (b) Special funds may be used in accordance with approved programs, grants and appropriations. 29 Del. C. 1953, §  8714; 57 Del. Laws, c. 570, §  1 ; § 8715 Supremacy. All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter. 29 Del. C. 1953, §  8716; 57 Del. Laws, c. 608, §  7 ; § 8716 Division of the Public Advocate. (a) There is established within the Department of State the Division of the Public Advocate. The Public Advocate shall be a person qualified by training and/or experience to perform the duties of the office. Beginning in the 149th General Assembly, the Public Advocate shall be appointed by the Governor with the advice and consent of the majority of the Senate to serve a term of 4 years at the pleasure of the Governor. The Public Advocate shall be a full-time employee of the State. (b) No person shall be eligible for appointment to be Public Advocate who owns or controls, in that person’s own name or as a fiduciary, or whose spouse or minor child residing in that person’s household owns or controls any stock, note or debenture in any public utility, or who holds any office or position with any public utility or whose employment or vocation depends directly upon or is under the control of a public utility. (c) In the event of death, resignation, temporary incapacity or removal of the Public Advocate and prior to the appointment of a successor, the Governor may appoint an Acting Public Advocate. The Acting Public Advocate shall have all the powers and shall perform all the duties and functions of the Public Advocate during such absence or incapacity or until a successor is duly qualified and appointed. (d) The Public Advocate shall comply with and be held strictly accountable for compliance with the highest standards of Chapter 58 of this title and § 22, Article II of the Delaware Constitution. The Division of the Public Advocate is an agency subject to Chapters 64 and 100 of this title. (e) The Public Advocate shall have the following powers and duties: (1) To appear before the Public Service Commission on behalf of the interest of consumers in any matter or proceeding over which the Commission has jurisdiction and in which the Public Advocate deems the interest of consumers requires such participation. (2) To advocate the lowest reasonable rates for consumers consistent with the maintenance of adequate utility service and consistent with an equitable distribution of rates among all classes of consumers; provided, however that the Public Advocate shall principally advocate on behalf of residential and small commercial consumers and shall not be required to advocate for any class of commercial or industrial consumers that the Public Advocate determines in the Public Advocate’s sole discretion on a case by case basis has the ability to advocate on its own behalf before the Public Service Commission. (3) a. To appear on behalf of the interest of consumers in the courts of this State, the federal courts and federal administrative and regulatory agencies and commissions in matters involving rates, services, and practices of public utilities. b. To appear before state regulatory agencies or commissions for the limited purpose of offering public comment when public comment is being received in matters involving rates, services, and practices of public utilities. (4) To hire, as needed, experts in the utility regulation field, including economists, cost of capital experts, rate design experts, accountants, engineers, attorneys, and other specialists. A budget for compensation and expenses of these experts must be provided annually through the Delaware Public Utility Regulatory Revolving Fund. Nothing in this section may be construed to preclude the Public Advocate from applying to the General Assembly for additional funds in specific instances, including emergencies, and from receiving such additional amounts as the General Assembly determines. (5) To have the same access to and the same right to inspect any and all books, accounts, records, memoranda, property, plant facilities and equipment of the public utilities as is afforded by law or by rule of the Public Service Commission to any other party in interest. (6) To have full access to the records of the Public Service Commission. (7) To call upon the assistance of the staff and experts of the Public Service Commission in the performance of duties. (8) To appoint, fix the compensations and terms of service and prescribe the duties and powers of such staff as may be necessary for the proper conduct of the work of the Division of the Public Advocate, within the conditions and limitations imposed by the merit system of personnel administration. (9) Upon request of the Governor, the Secretary of the Department, or the General Assembly, the Public Advocate shall provide guidance on matters relating to energy policy and utility consumers, and shall consider such other matters as may be referred to the Public Advocate or the Division by the Governor, the Secretary of the Department, or the General Assembly. The Public Advocate may study, research, plan and make advisory recommendations to the Governor, the Secretary of the Department, or the General Assembly on matters it deems appropriate to advocate on behalf of public utility consumers. (f) The Public Service Commission shall notify the Public Advocate of all hearings and meetings of the Commission and shall forward to the Public Advocate copies of all applications submitted by public utilities and all formal complaints and petitions filed with the Commission. No formal action taken by the Commission without proof of the receipt of notice by the Public Advocate shall have any legal effect. (g) The Public Advocate shall be entitled to be present and be heard at any public meeting of the Public Service Commission. (h) When the Public Advocate shall determine to intervene in a matter before the Public Service Commission, the Public Advocate shall file a statement to that effect with the Public Service Commission. Thereupon, the Public Advocate shall be deemed a party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs, appeal and do any other act appropriate for a party to the Commission. (i) The Public Advocate shall make an annual report to the Governor and the General Assembly of the Division’s activities, and shall render such other reports as the Governor or General Assembly may from time to time request or as may be required by law. 71 Del. Laws, c. 138, §  17 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §§  7, 17(3) ; 79 Del. Laws, c. 139, §  1 ; 84 Del. Laws, c. 42, § 1 ; 82 Del. Laws, c. 144, § 1 ; § 8717 Division of Public Utility Control. The Division of Public Utility Control is established within the Department of State having powers, duties and functions as follows: (1) The administrative, ministerial, budgetary and clerical functions, including but not limited to appointment, removal, compensation and duties of employees as provided by law, of the public service commission, except to the extent such powers, duties and functions are vested in the Public Service Commission under Chapter 1 of Title 26. (2) Such other powers and functions as the Secretary of State may assign which are not otherwise inconsistent with Title 26 or the other laws of the State. 63 Del. Laws, c. 195, §  2c ; 71 Del. Laws, c. 138, §  18 ; 75 Del. Laws, c. 88, §§  8, 9, 17(3) ; § 8718 State Bank Commissioner. (a) The Office of State Bank Commissioner established by Chapter 1 of Title 5 is continued. (b) The Commissioner shall be appointed by the Governor for a term of 4 years and shall hold office until a successor shall be duly appointed. The Commissioner shall be a person qualified by training and experience to perform the duties of the office. (c) The Commissioner shall receive, in full compensation for the Commissioner’s services, such salary as shall be fixed by the Governor within such limitations as may be prescribed by law. (d) The Governor, upon due notice and hearing, may remove the Commissioner from office for cause. (e) Upon the resignation, death, disability or removal of the Commissioner, the vacancy shall be filled by appointment of the Governor for the unexpired term. In the event of the death, resignation, disability or removal of the Commissioner, all the powers necessary to perform all the duties and functions of the Commissioner during such incapacity or until a successor is duly appointed and qualified shall be conferred upon the senior Deputy Commissioner appointed by the Commissioner pursuant to § 103 of Title 5. The senior Deputy Commissioner shall be the Deputy Commissioner who has served the longest as a Deputy Commissioner. (f) In addition to the powers, duties and functions heretofore vested in the State Bank Commissioner by law, the Commissioner shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Board of Bank Incorporation pursuant to Title 5. (g) [Repealed.] 29 Del. C. 1953, §  8809; 57 Del. Laws, c. 581, §  1 ; 63 Del. Laws, c. 195, §  1A ; 66 Del. Laws, c. 203, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 24, §  19 ; § 8719 Council on Banking. (a) The Council on Banking is established, and shall serve in an advisory capacity to the State Bank Commissioner and shall consider matters relating to the administration of the banking laws and the strengthening and improving of banking in this State and such other matters as may be referred to it by the Governor, the Secretary of the Department or the State Bank Commissioner. The Council may study, research, plan and advise the Commissioner, the Secretary and the Governor on matters it deems appropriate to enable the office of State Bank Commissioner to function in the best possible manner. (b) The Council on Banking, upon the effective date of this chapter, shall be composed of the members of the Bank Advisory Board whose terms, as of the effective date of this chapter, have not expired, with the exception of the State Banking Commissioner whose term as a member of the Bank Advisory Board shall end as of the effective date of this chapter. Each member of the Bank Advisory Board shall serve as a member of the Council for the period of the member’s unexpired term unless the member vacates the position by resignation, death or incapacity. The Council shall be composed of 7 members. The Governor shall appoint new members. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 3 appointees shall serve for a term of 3 years. Thereafter all new appointees shall serve for a term of 3 years. (c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly 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 Council. (d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection. (f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term. 29 Del. C. 1953, §  8810; 57 Del. Laws, c. 581, §  1 ; 63 Del. Laws, c. 195, §  1A ; 70 Del. Laws, c. 186, §  1 ; § 8720 Delaware Commission of Veterans’ Affairs — Established; composition; powers [For application of the transfer of this section, see 85 Del. Laws, c. 137, § 12] [Transferred]. Transferred to § 8811 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025. § 8721 Delaware Commission of Veterans’ Affairs — Duties and responsibilities [For application of the transfer of this section, see 85 Del. Laws, c. 137, § 12] [Transferred]. Transferred to § 8812 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025. § 8722 Delaware Commission of Veterans’ Affairs — Authority [For application of the transfer of this section, see 85 Del. Laws, c. 137, § 12] [Transferred]. Transferred to § 8813 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025. § 8723 Delaware Commission of Veterans’ Affairs — Organization and operation [For application of the transfer of this section, see 85 Del. Laws, c. 137, § 12] [Transferred]. Transferred to § 8814 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025. § 8724 Delaware Commission of Veterans’ Affairs — Funding [For application of the transfer of this section, see 85 Del. Laws, c. 137, § 12] [Transferred]. Transferred to § 8815 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025. § 8725 Delaware Commission of Veterans’ Affairs — Relationship to other state agencies [For application of the transfer of this section, see 85 Del. Laws, c. 137, § 12] [Transferred]. Transferred to § 8816 of this title by 85 Del. Laws, c. 137, § 2, effective Aug. 13, 2025. § 8726 Division of the Arts; definitions. As used in §§ 8727, 8728, 8729, and 8730 of this title: (1) “Council” means the Delaware State Arts Council created by this chapter. (2) “Director” means the Director of the Division of the Arts. (3) “Division” means the Division of the Arts. (4) “State” means the State of Delaware. 67 Del. Laws, c. 128, §  2 ; 84 Del. Laws, c. 114, § 1 ; § 8727 Division of the Arts — Establishment; powers and duties. The Division of the Arts is established and it shall function, as required, as an advisory, coordinating or implementing agency: (1) To promote and encourage public interest in the cultural heritage of our State and to expand the State’s cultural resources, and to promote public education in all fields of artistic and cultural activities, including but not limited to, music, theater, dance, painting, sculpture, architecture and allied arts and crafts; (2) To encourage and assist freedom of artistic expression; (3) To encourage, promote and provide technical and professional assistance to arts programs of individuals, organizations and institutions in the State; (4) To make such surveys as may be deemed advisable of public and private institutions engaged in artistic and cultural activities, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the needs and aspirations of persons in all parts of the State; and (5) To cooperate with and assist public and private institutions and organizations with a view toward mutual promotion and improvement of the performing and fine arts. 67 Del. Laws, c. 128, §  2 ; § 8728 Division of the Arts — The Delaware State Arts Council [Effective until fulfillment of the contingency in 84 Del. Laws, c. 114, § 3]. (a) Establishment and purpose. — The Delaware State Arts Council is established to promote and encourage the arts in this State. The Council shall provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it by the Governor, the Secretary of the Department of State, or the Director. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner. (b) Members. — The Council is composed of 15 members, who the Governor appoints. Membership must meet all of the following qualifications: (1) Each member is a Delaware citizen. (2) Membership broadly represents all fields of the performing and fine arts. (3) Each member is known for the member’s interest in a field of the performing or fine arts. (c) Term of office. — Each member serves for a term of 3 years and may not serve more than 2 consecutive terms. Each term of office expires on the date specified in the appointment, but a member remains eligible to participate in Council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that no more than ⅓ of membership expires annually. (d) Compensation. — A member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties. (e) A Chairperson of the Council shall be designated in addition to the members of the Council by the Governor and shall serve in that capacity at the pleasure of the Governor. (f) Removal. — The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or 4 out of 12 regular meetings. The Governor may consider the member to have resigned and may accept the member’s resignation. (g) Quorum. — A majority of members must be present at a council meeting in order to have quorum and conduct official business. A vacancy on the Council is not counted for quorum. (h) Staffing. — The Division shall provide reasonable staff support to assist the Council in performing its duties under this section. (i) Subcommittees. — The Council may form subcommittees to assist the Council in performing its duties under this section. (j) A Council member may participate in the Division’s grant review process, as requested by the Division. 67 Del. Laws, c. 128, §  2 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 258, §§  1, 2 ; 84 Del. Laws, c. 114, § 2 ; § 8728 Division of the Arts — The Delaware State Arts Council [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 114, § 3]. (a) Establishment and purpose. — The Delaware State Arts Council is established to promote and encourage the arts in this State. The Council shall provide guidance to the Director on matters of arts policy and shall consider such other matters as may be referred to it by the Governor, the Secretary of the Department of State, or the Director. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner. (b) Members. — The Council is composed of 15 members, who the Governor appoints. Membership must meet all of the following qualifications: (1) Each member is a Delaware citizen. (2) Membership broadly represents all fields of the performing and fine arts. (3) Each member is known for the member’s interest in a field of the performing or fine arts. (c) Term of office. — Each member serves for a term of 3 years and may not serve more than 2 consecutive terms. Each term of office expires on the date specified in the appointment, but a member remains eligible to participate in Council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that no more than ⅓ of membership expires annually. (d) Compensation. — A member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties. (e) The Council shall elect a chair from among its members every 3 years. A member may not serve more than 2 consecutive terms as a chair. (f) Removal. — The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or 4 out of 12 regular meetings. The Governor may consider the member to have resigned and may accept the member’s resignation. (g) Quorum. — A majority of members must be present at a council meeting in order to have quorum and conduct official business. A vacancy on the Council is not counted for quorum. (h) Staffing. — The Division shall provide reasonable staff support to assist the Council in performing its duties under this section. (i) Subcommittees. — The Council may form subcommittees to assist the Council in performing its duties under this section. (j) A Council member may participate in the Division’s grant review process, as requested by the Division. 67 Del. Laws, c. 128, §  2 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 258, §§  1, 2 ; 84 Del. Laws, c. 114, § 2 ; 84 Del. Laws, c. 114, § 3 ; § 8729 Division of the Arts — Assistance for the development of the Arts. (a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities, agencies and political subdivisions of the State and private and public nonprofit associations in the development of the arts in the State and to enhance the appreciation of artistic expressions by citizens of the State. (b) The Director may contract with any instrumentality, agency or political subdivision of the State, and with any private or public nonprofit association, to accomplish any work authorized by this chapter. (c) The Director and the Council shall establish such rules and regulations as are necessary to determine the eligibility of any instrumentality, or agency or political subdivision, private or public nonprofit association for participation in contracts authorized by this section. A private or public nonprofit association shall submit a letter of exemption from the Internal Revenue Service as proof of nonprofit status. (d) The Director shall be responsible for fiscal matters and auditing of funds appropriated under this section. Expenditures from this special fund shall be in accordance with state law and shall be limited to appropriations provided therefor. Moneys on deposit in this special fund which are unexpended or unencumbered shall not revert at the end of each fiscal year. (e) Arts Endowment Fund. — A special fund appropriation account is hereby established in the Office of State Treasurer, Operations and Fund Management, to be known as the “Arts Endowment Fund.” It is the intent of the General Assembly that the sum of funds received from the Department of State to support the arts in Delaware shall be known as the “principal” and shall remain intact. The Arts Endowment Fund shall be invested in a manner consistent with endowment investment guidelines as approved by the Cash Management Policy Board. The Division of the Arts, with the approval of the Delaware State Arts Council, may expend up to 5% annually, on a 5-year rolling average, of the value of the Arts Endowment Fund to support its grants, programs, and services in accordance with the Division’s mission. The Arts Endowment Fund may receive private gifts and donations. 67 Del. Laws, c. 128, §  2 ; 85 Del. Laws, c. 341, § 70 ; § 8730 Division of the Arts — Exemption from Bid Law. The Division shall be exempt from Chapter 69 of this title. 67 Del. Laws, c. 128, §  2 ; § 8731 Division of Libraries. (a) In addition to any other power granted or duties imposed under this title, the Division of Libraries shall exercise general direction and control over the furnishing of library services within this State. The Director of the Division shall be the State Librarian, who shall be a graduate of a school accredited by the American Library Association. The Division of Libraries shall have the following functions and duties: (1) To provide information, resource materials and library services to state agencies, state and local governmental units and their subdivisions and, in the Department’s discretion, to organizations in need of library services; (2) To coordinate library services statewide in order to assure to every Delaware citizen free and equal access to services, resources and guidance in the use of such for lifelong learning, continuing self-educational, political, cultural, economic, recreational and intellectual enrichment; (3) To receive, accept, administer and expend any money, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof, and for the purposes provided hereinafter; (4) To foster the recruitment, development and maximum utilization of library personnel throughout the State; (5) To encourage broad community participation in library development, program planning and the implementation of such plans; (6) To establish and promote cooperation among all types of libraries (including but not limited to public, academic, school, and special) at all service levels; (7) To ensure the State’s compatibility to and reciprocity within an international information resources network; (8) To administer the Statewide Delaware Library Network and the Statewide Delaware Library Consortium; (9) To provide online access at each public library in state government to local, state, and federal documents and resources; (10) To coordinate the provision of accessible library and information services for individuals with disabilities and to serve as the Delaware Regional Library for the Library of Congress Network of Libraries for the Blind and Physically Handicapped; (11) To stimulate every Delaware library patron to fully utilize the State’s cultural resource materials and technologies, and to maintain the individual’s privacy, acceptable use, and right of access to those materials, and technologies; (12) To offer resources which supplement and reinforce local libraries; (13) To collect, compile, research, publish and disseminate information, including statistics, affecting the efficient operation of the State’s library system; (14) To recommend legislation to achieve meaningful statewide library development and use; (15) To establish, interpret and administer standards of effective library services; (16) To enter into contracts and agreements to provide or to obtain library services and materials; and (17) To perform all other activities pertinent to the organizational function of library services. (18) To create a Delaware model public library collection development policy, in cooperation with the Library Consortium, as required by § 8734 of this title. (19) To create a Delaware model school library collection development policy, in cooperation with the Library Consortium, as required by § 7201 of Title 14. (b) Every state agency shall provide the Department with access to electronic copies of all publications issued by such agencies for the purpose of making accessible to Delaware and other citizens resource materials published at the expense of the State. 29 Del. C. 1953, §  8610; 57 Del. Laws, c. 583, §  1 ; 59 Del. Laws, c. 480, §  4 ; 65 Del. Laws, c. 290, §  1 ; 68 Del. Laws, c. 149, §  6 ; 69 Del. Laws, c. 346, §  1 ; 81 Del. Laws, c. 81, §  1 ; 85 Del. Laws, c. 218, § 1 ; § 8732 Council on Libraries. (a) The Council on Libraries is established. (b) The Council on Libraries (“Council”) serves in an advisory capacity to the Department of State. The Council considers matters relating to libraries and library standards throughout the State and other matters as the Governor, the Secretary of the Department of State, or the General Assembly may refer to the Council. The Council may study, research, plan, or make advisory recommendations to the Governor, the Secretary of the Department of State, or the General Assembly on matters it deems appropriate to provide the best possible library service in Delaware. (c) The Council consists of 11 members. Membership is composed as follows: (1) The 3 county librarians of this State. (2) Each of the 3 county library advisory boards under § 802 of Title 9 shall appoint 1 member from among their respective county library advisory board. Each of these members serves at the pleasure of the member’s appointing authority. (3) a. The president of the Delaware Association of School Librarians. The president may appoint a designee to serve in the president’s stead and at the president’s pleasure. b. If the Department of Education re-establishes the Delaware education associate for libraries, media, and technology or a similar position, the associate shall replace the president of the Delaware Association of School Librarians as a member of the Council. The associate may appoint a designee to serve in the associate’s stead and at the associate’s pleasure. (4) The director of Adult and Prison Education Resources of the Department of Education. The Director may appoint a designee to serve in the director’s stead and at the director’s pleasure. (5) a. The Governor shall appoint 3 public members. b. If possible, the 3 public members must represent each county. c. Each member under this paragraph (c)(5) of this section is appointed for a term of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in the Council’s proceedings until the Governor replaces that member. The Governor may appoint a member for less than 3 years to ensure that members’ terms expire on a staggered basis. (d) A member does not receive compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties. (e) A vacancy prior to the expiration of the term of a member of the Council on Libraries may be filled only for the remainder of that term. (f) The Council shall annually elect a chair from among its members. A chair is eligible for reelection. (g) The number of members who must be present at a Council meeting in order to have quorum and conduct official business is a majority of members. Counting for quorum does not include member positions that are vacant. (h) A member’s appointing authority may remove the member for gross inefficiency, misfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council meetings or attends less than 50% of Council meetings in a calendar year. The member’s appointing authority may consider the member to have resigned and may accept the member’s resignation. (i) The Division of Libraries shall provide reasonable staff support to assist the Council in performing its duties under this section. 29 Del. C. 1953, §  8611; 57 Del. Laws, c. 583, §  1 ; 59 Del. Laws, c. 480, §  5 ; 68 Del. Laws, c. 149, §  6 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 55, § 1 ; § 8733 The Delaware Library Consortium. (a) There is hereby created the Delaware Library Consortium. The following entities are eligible to become members of the Delaware Library Consortium: (1) Any publicly-funded Delaware library (2) Libraries within school districts and charter schools (3) Publicly-funded institutions (4) Private and special libraries upon approval of the Consortium (b) The Delaware Library Consortium shall be supported by the Division of Libraries. (c) In order to enable public schools to share services including intra-library loans with Consortium member libraries, the Delaware Library Consortium shall do all of the following: (1) Facilitate the migration of the library catalog of each of the public schools in the State to the catalog used by Consortium member libraries. (2) Provide training in the use of the catalog used by Consortium member libraries to public school librarians. (3) Integrate public school libraries into the intra-library loan program including providing transit of books and media between libraries. (4) Provide guidance to public school libraries in removing from their shelves old and unnecessary books. (d) The Delaware Library Consortium shall develop and adopt common policies concerning collection, development, and other topics in order to ensure equitable access and the right to read for all Delawareans. 83 Del. Laws, c. 325, § 135 ; 84 Del. Laws, c. 385, § 2 ; § 8734 Public library collection development policy. (a) For purposes of this section: (1) “Public library” means any library in this State which is open to the public and receives funding from this State or from a county or municipality of this State. “Public library” includes privately incorporated public libraries and county libraries. “Public library” does not include public school libraries, libraries within institutions of higher education, or Department of Correction libraries. (2) “Library materials” or “material” includes books, periodicals and serials, audio materials, audiovisual materials, instructional materials, maps, databases, government documents, records, photographs, and other similar materials, whether in tangible or electronic form. (b) This State establishes the following public library collection development principles: (1) Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the public library serves. (2) A public library may not exclude or remove material from its catalog because of the origin, background, or views of a person who created the material. (3) A public library may not exclude or remove material from its catalog because of partisan, ideological, or religious disapproval. (4) Nothing in this section is intended to override or negate any provision of state law relating to material that is in violation of Title 11, Chapter 5, subchapter VII, Subpart C. (c) A public library must adopt and follow a written collection development policy for the operation of a library that is consistent with the public library collection development principles established under subsection (b) of this section. The collection development policy must include a procedure for requesting the removal of library material within a public library. In addition, the collection development policy must include the following provisions: (1) Library materials under review due to an objection must remain available for use by public library patrons until the review process is concluded. (2) Only a resident, business owner, property owner of the area the public library serves, or a taxpayer of a library district financing a library, may submit an objection to material in that library. (3) An individual may only submit 1 objection to library material at a time. An individual may submit a second objection to library material after the previous objection has completed the review process, including any appeals. (d) The governing board or body of a public library may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee or contractor for acting in a manner consistent with the Delaware public library collection development principles under subsection (b) of this section or the collection development policy under subsection (c) of this section. (e) The Division of Libraries, in cooperation with the Library Consortium, shall develop model policies and procedures that public libraries may use to ensure compliance with this section. (f) The Division of Libraries may make rules and regulations governing an appeal from a final decision made by a public library regarding a request for removal of library material. The appeals process may include a review by the Delaware Library Consortium Public Libraries Policy Steering Committee or the Council on Libraries. The State Librarian must make the final decision regarding a request for removal of library material from a public library. (g) Notwithstanding any provision of § 10002 of this title to the contrary, all records relating to material objections, removals, the review process, appeals, and appeal decisions, including the reasons for material removal, if applicable, are considered public records under Chapter 100 of this title. 85 Del. Laws, c. 218, § 2 ; § 8735 Division of Professional Regulation. (a) The Division of Professional Regulation (Division) has the powers, duties, and functions set forth under this section. The Division shall be responsible for the administrative, ministerial, budgetary, clerical, and exclusive investigative functions, including the appointment, removal, compensation, and duties of employees, as provided by law of the following commissions, boards, and agencies, with the exception that the Secretary of State is not precluded from entering into a memorandum of understanding with the Secretary of the Department of Health and Social Services (DHSS) for the purpose of allowing employees of DHSS to function as inspectors, investigators, and administrative support for the Board of Pharmacy: (1) Board of Accountancy as set forth in Chapter 1 of Title 24; (2) Board of Landscape Architecture as set forth in Chapter 2 of Title 24; (3) Board of Architects as set forth in Chapter 3 of Title 24; (4) Board of Podiatry as set forth in Chapter 5 of Title 24; (5) Board of Chiropractic as set forth in Chapter 7 of Title 24; (6) Licensing of deadly weapons dealers as set forth in Chapter 9 of Title 24; (7) State Board of Dentistry and Dental Hygiene as set forth in Chapter 11 of Title 24; (8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24; (9) Commission on Adult Entertainment Establishments as set forth in Chapter 16 of Title 24; (10) Board of Medical Licensure and Discipline as set forth in Chapter 17 of Title 24; (11) Board of Nursing as set forth in Chapter 19 of Title 24; (12) Board of Occupational Therapy Practice as set forth in Chapter 20 of Title 24; (13) Board of Examiners in Optometry as set forth in Chapter 21 of Title 24; (14) Board of Pharmacy as set forth in Chapter 25 of Title 24; (15) Examining Board of Physical Therapists and Athletic Trainers as set forth in Chapter 26 of Title 24; (16) Board of Professional Land Surveyors as set forth in Chapter 27 of Title 24; (17) Real Estate Commission as set forth in Chapter 29 of Title 24; (18) Board of Mental Health and Chemical Dependency Professionals as set forth in Chapter 30 of Title 24; (19) Board of Funeral Services as set forth in Chapter 31 of Title 24; (20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24; (21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 24; (22) Board of Geologists as set forth in Chapter 36 of Title 24; (23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37 of Title 24; (24) Board of Clinical Social Work Examiners, as set forth in Chapter 39 of Title 24; (25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24; (26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24; (27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23; (28) Committee of Dietetics/Nutrition as set forth in Chapter 38 of Title 24; (29) Board of Massage and Bodywork, as set forth in Chapter 53 of Title 24; (30) Board of Charitable Gaming as set forth in Chapter 15 of Title 28; (31) Board of Plumbing Examiners, as set forth in Chapter 18 of Title 24; (32) Council on Real Estate Appraisers as set forth in Chapter 40 of Title 24; (33) Manufactured Home Installation Board as set forth in Chapter 44 of Title 24; (34) Board of Home Inspectors as set forth in Chapter 41 of Title 24; and (35) Board of Elevator Mechanics as set forth in Chapter 61 of Title 24. (b) The Division of Professional Regulation shall have the powers, duties and functions related to the regulation of amateur and professional boxing and combative sports entertainment as set forth in Chapter 1 of Title 28. (c) The Division of Professional Regulation, with the approval of the Secretary of State, shall establish, for all commissions, boards and agencies and activities administered pursuant to this section, such appropriate fees as shall approximate and reasonably reflect all costs necessary to defray the expenses of each such board or commission, or of the Division on behalf of such board or commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in the appropriate chapter of the Delaware Code. No application fee shall be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency actin