State Government

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, §  470 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, §  2460 Del. Laws, c. 588, §  163 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 Notification to Governor and General Assembly of rules and regulations promulgated by state agencies [Repealed].

Repealed by 69 Del.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 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

§ 610. Prohibiting the denial of an application for a license solely on immigration or citizenship status.

(a) The General Assembly hereby finds and declares all of the following:

(1) It is in the best interests of this State to make full use of the skills and talents of every resident of this State.

(2) It is the public policy of this State that each resident of this State, regardless of immigration or citizenship status, is eligible to receive the benefit of applying for a license, certificate, or permit pursuant to 8 U.S.C. § 1621(d).

(b) For purposes of this section,

(1) “Application” means an application for issuance or renewal of any license, permit, certificate, approval, registration, or other similar form of permission or authorization to practice or engage in any profession, occupation, or business of any commission, board, or agency.

(2) “Social Security number exemption attestation” means a signed statement from the applicant stating that if the applicant obtains a Social Security number in the future, the applicant will update their application with that Social Security number.

(3) “State” means any agency, authority, department, instrumentality, commission, office, board, or other unit of this State’s government authorized by law to issue a professional license, permit, certification, approval, or registration necessary to engage in any profession, occupation, or business of any commission, board, or agency.

(c) Notwithstanding any other law or regulation, the State may not deny an application because of the applicant’s immigration or citizenship status.

(d) (1) Notwithstanding any other law or regulation, if an applicant for a license does not have a Social Security number, the applicant must do 1 or more of the following when completing an application for a license:

a. Provide an alternative personally-identifying number, such as the applicant’s individual taxpayer identification number,

b. Complete a Social Security number exemption attestation.

(2) A Social Security number or alternative personally-identifying number provided in an application is confidential and is not a public record for the purposes of Chapter 100 of this title. The State may not disclose that Social Security number or alternative personally-identifying number, except for the following purposes:

a. Tax purposes.

b. Licensing purposes.

c. Enforcement of an order for the payment of child support.

84 Del. Laws, c. 193, § 1