(a) The General Assembly finds and declares that the good order of the State depends upon the steady employment in useful occupations of the citizens of the State. Such steady and useful employment can be made available by encouraging the economic development of the State through the inducement of a full range of commercial, industrial, agricultural and other enterprises to locate, remain and expand in the State. Uncontrolled industrialization and expansion, however, may contribute to possible dangers to the public health and welfare through the pollution of the air, water and soil of the State. The reduction, abatement and prevention of the pollution of the State’s environment and the protection of its natural resources are important concerns to be considered in the process of encouraging the economic development of the State.

(b) The General Assembly further finds that promotion of the State as a destination for tourists and other travelers will help to enhance the State’s economy and provide employment and recreational opportunities for citizens of the State.

(c) The General Assembly further finds that promotion and assistance to small and minority-owned businesses is vital to the overall balance between large and small firms, and that it is in the State’s interest to insure a strong and diversified business community.

(d) The General Assembly further finds and declares that the creation of a Public/Private Partnership to attract large employers, innovative enterprises and international business opportunities while transferring duties formerly performed by the Delaware Economic Development Office to a division within the Department of State is in the best interest of the State to foster development in an increasingly competitive economy.

63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1; 

As used in this chapter:

(1) “Council” means the Council on Development Finance created by § 8707A of this title.

(2) “Director” means the Director of the Division of Small Business.

(3) “Division” means the Division of Small Business.

(4) “Plan” means the Comprehensive State Plan for Economic Development created by § 8705A of this title.

(5) “Public/Private Partnership” means a nonprofit corporation not established by the General Assembly consisting of business and community leaders and public officials formed to enhance the State’s ability to attract, grow and retain businesses; facilitate the development of a stronger entrepreneurial and innovative economic system within the State; coordinate with the Division of Small Business; and, support private employers within the State in identifying, recruiting and developing talent for the operation of their business within the State.

(6) “Secretary” means the Secretary of State.

(7) “State” means the State of Delaware.

63 Del. Laws, c. 189, §  2;  69 Del. Laws, c. 458, §  1;  80 Del. Laws, c. 93, §  1;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 1;  84 Del. Laws, c. 115, § 1; 

(a) There is hereby created a division of economic development which shall be known as the Division of Small Business within the Department of State.

(b) The Division shall be responsible to the Secretary.

(c) The Division shall serve the Secretary in all general and economic development matters, and it shall function, as required, as an advisory, coordinating and implementing agency:

(1) To harmonize its activities with similar activities of other departments, boards, commissions, agencies or instrumentalities of federal, state, county or municipal government;

(2) To render, as necessary, assistance to all units of government and to private enterprise;

(3) To stimulate public interest and participation in the orderly growth and development of the State; and

(4) To insure that all private and public development activities are carried out in conformity with state law.

63 Del. Laws, c. 189, §  2;  69 Del. Laws, c. 458, §  1;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 2; 

(a) The Division shall be headed by the Director. The Director shall be appointed by the Secretary, and shall serve at the pleasure of the Secretary. The Director shall be qualified by training and experience to perform the duties of the position, and preference shall be given to a resident of this State, provided the resident is acceptable and equally qualified. The Director shall be paid an annual salary established by the Secretary within the limitation of the funds appropriated therefor.

(b) In the event of the death, resignation, temporary incapacity or removal of the Director, and prior to the appointment of a successor, the Secretary may appoint any qualified employee of the Division or any of its subdivisions to serve as Acting Director. The Director may, during an absence from the State, appoint any qualified employee of the Division or any of its subdivisions to serve as Acting Director during such absence. In either case, the Acting Director shall have all the powers and shall perform all the duties and functions of the Director during the Director’s absence or incapacity or until a successor is duly appointed and qualified.

63 Del. Laws, c. 189, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 3; 

The Director shall have the following powers, duties, and functions:

(1) To supervise, direct and account for the administration and operation of the Division, its subdivisions, offices, functions and employees.

(2) To serve as Chairperson of the Delaware Economic Development Authority and to supervise the administration of the Authority and to perform all duties heretofore vested in the Director of the Delaware Economic Development Office and the Secretary of the Department of Community Affairs and Economic Development as shall be related to the Authority.

(3) To appoint and remove the staff of the Division in accordance with this chapter and such other limitations as may be imposed by law.

(4) To advise the Secretary and other officials of the state government on all matters of economic development and to consult with them on matters of economic development affecting the duties and responsibilities of their offices.

(5) To have access (or to designate staff members who shall have access) to information, reports and data which relate to economic development which are in the possession of departments, boards, commissions, agencies or instrumentalities of the State or in the possession of county, municipal or other local agencies and instrumentalities.

(6) To hold hearings on matters of general economic development or such other matters as may be required by law after notice thereof to interested parties.

(7) To attend and participate in meetings of federal, county or municipal economic development bodies, interstate agencies and other entities, whether public or private. The Director may cooperate with such instrumentalities in matters affecting the duties and responsibilities of the Division.

(8) To establish, consolidate or abolish such subdivisions within the Division or transfer or combine the powers, duties and functions of the subdivisions within the Division as the Director may deem necessary, and subject to the approval of the Secretary, provided that all powers, duties and functions required by law shall be provided for and maintained.

(9) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services of private and public consultants, professional, research and technical personnel, including the temporary exchange of personnel from all public or private entities, and to procure by contract consulting, research, professional, technical and other services, whenever they shall be deemed by the Director, subject to the approval of the Secretary, necessary or desirable in the performance of the functions of the Division and whenever funds shall be available for such purpose. Legal services shall be procured pursuant to Chapter 25 of this title.

(10) To delegate any of the Director’s powers, duties or functions to a member of the staff authorized by this subchapter, except the power to remove employees of the Division or to fix their compensation.

(11) To establish and promulgate such rules and regulations governing the administration and operation of the Division as may be deemed necessary by the Director and which are not inconsistent with the laws of this State.

(12) To occupy and/or maintain such facilities as may be required for the effective and efficient operation of the Division.

(13) To adopt an official seal or seals for the Division, subject to the approval of the Secretary.

(14) To exercise all other powers necessary and proper for the discharge of the Director’s duties and such other powers as may be delegated by the Secretary, not inconsistent with state law.

(15) [Repealed.]

(16) To develop a 5-year Comprehensive State Plan for Economic Development.

a. The Plan shall include all of the following:

1. Description of the Division’s vision, goals, objectives, and strategies.

2. Identification of business sectors, including those sectors which have potential growth in this State’s economy and global business image.

3. Strategies to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State.

4. Potential partners for the implementation of the strategy required in paragraph (16)a.3. of this section, including federal and local governments, local and regional organizations for economic development growth, chambers of commerce, private businesses and investors, and nonprofit entities.

5. Strategies for talent development necessary to encourage economic development growth in this State, taking into consideration factors such as this State’s education and training opportunities and available workforce.

6. Strategies to engage women, veterans, and minorities in developing businesses.

7. Strategies to improve and develop tourism.

8. An analysis of current and projected economic indicators, which shall be completed through the Division’s coordination with the appropriate state agencies and shall include:

A. Unemployment rate.

B. Average annual wage.

C. Gross domestic product.

D. Number of jobs created.

E. Number of jobs retained.

9. An analysis of the return on investment produced through the Strategic Fund.

b. At least 2 months prior to submitting the Plan as required in this chapter, the Division shall hold a public meeting to allow public input regarding the Plan. The meeting shall be held in all 3 counties in this State. The Division may hold separate meetings in each county or hold 1 meeting and, through the use of technology, provide the public with access to attend and participate in the meeting simultaneously from each of the 3 counties.

c. The Plan shall be submitted every 5 years to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, the Secretary, and, for public distribution, to the Director and the Librarian of the Division of Legislative Services, and the Director of Public Archives. The Division shall also publish the Plan on the Division’s public website. The initial Plan is due December 1, 2020.

63 Del. Laws, c. 189, §  2;  66 Del. Laws, c. 190, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 357, §  2;  80 Del. Laws, c. 93, §  2;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 4;  84 Del. Laws, c. 255, § 54; 

(a) The Public/Private Partnership shall be governed by a board of directors comprised of no less than 15 members, and shall to be composed of the following:

(1) The Governor, who shall serve as co-chair.

(2) One member of the majority party and 1 member of the minority party of the Senate appointed by the President Pro Tempore.

(3) One member of the majority party and 1 member of the minority party of the House of Representatives appointed by the Speaker of the House.

(4) At least 10 additional members appointed by the Governor. Such members shall collectively represent expertise on various economic development topics, including land use planning, finance, entrepreneurial investment and incubation, workforce development, labor, higher education, and regulatory compliance. Six of these 10 members shall be chosen from a list of recommended candidates provided by the Delaware State Chamber of Commerce and the Delaware Business Roundtable. One of the 6 individuals chosen from this list of recommendations shall be appointed by the Governor to serve as co-chair. The Governor may appoint additional members as necessary.

(b) No financial contribution to the Public/Private Partnership shall be required as a condition of or in connection with an appointment to the board of directors.

(c) The Public/Private Partnership formed pursuant to § 8702A(5) of this title shall have the following responsibilities:

(1) Work with the Division to assist early stage technology enterprises and entrepreneurs to apply for grants, loans, bonds or other financial incentives.

(2) Develop the workforce and establish recruiting processes to fill talent gaps in a changing market and continually supply trained workers for an innovative, technology-based economy.

(3) Recruit innovative and high-technology employers.

(4) Expand international business opportunities.

(5) Develop marketing strategies for long term growth.

(6) Provide guidance to start-up businesses and early stage ventures, focusing on high-growth firms and industries.

(7) Conduct research on trends in industry and opportunities that may impact Delaware’s economy.

(8) Coordinate such other activities to encourage the economic development of the State through commercial, industrial, agricultural and other enterprises to locate, remain and expand in the State.

(d) The Public/Private Partnership shall submit the following annual reports, which shall be subject to Chapter 100 of this title, to the Governor and the General Assembly on or before June 30 each year:

(1) Internal Revenue Service Form 990 tax returns.

(2) Audited financial reports.

(3) The organization’s conflict, audit and expense policies.

(e) The Public/Private Partnership shall make available for inspection corporate documents and meeting minutes upon request by the Governor or the General Assembly.

(f) Any director of the Public/Private Partnership who is not a “public officer” as defined by § 5812(n)(1) of this title shall submit, on or before June 30 each year, to the General Assembly and the Governor the financial information listed in 5813(a)(1)-(5) of this title in a form substantially similar to that used by public officers to disclose financial information to the Public Integrity Commission; provided however, that any financial information submitted by such directors shall not constitute public records subject to Chapter 100 of this title.

(g) The conflict of interest policy for the Public/Private Partnership shall include the following provisions:

(1) All members, directors, officers, or members of any committee with powers delegated to it by the board of directors of the Public/Private Partnership shall have a duty to disclose any actual or possible conflict of interest or financial interest related to any proposed transaction, contract, or arrangement under consideration by the Public/Private Partnership.

(2) Procedures for addressing a conflict of interest, including consideration of alternatives to the proposed transaction, contract, or arrangement that do not present a conflict of interest.

(3) Procedures to determine whether a violation of the conflict of interest policy has occurred.

(4) A clear statement that any person found to have violated the conflict of interest policy shall be removed from that person’s position.

(5) Provision for periodic review of the operations of the Public/Private Partnership to ensure compliance with the conflict of interest policy and that compensation arrangements and benefits are reasonable and the result of arm’s length bargaining.

(h) The Division shall:

(1) Be responsible for attracting new investors and businesses to the State, promoting the expansion of existing industry, assisting small and minority-owned businesses, promoting and developing tourism and creating new and improved employment opportunities for all citizens of the State at every economic level, provided that such development is carried out with a view to preserving existing agriculture, commercial, industrial and recreational opportunities to be had within the State and conserving the natural resources and wildlife of the State.

(2) Act as the Governor’s principal staff agency in economic development matters; make studies and investigations, insofar as they may be relevant to the State’s economy, of the resources of the State and of existing and emerging problems of agriculture, industry, commerce, transportation and other matters affecting the development of the State and, in making such studies, seek the cooperation and collaboration of the appropriate departments, boards, commissions, agencies and instrumentalities of federal, state and local government, educational institutions and research organizations, whether public or private, and of civic groups and private persons and organizations; render advice and act as the Governor’s designated agency in the execution of such matters relating to its powers as the Governor may request.

(3) Provide information to, and cooperate with, the General Assembly or any of its committees in connection with studies relevant to the overall development of the State’s economy.

(4) Cooperate with, and within the limitations of its appropriations, provide requested assistance to county or local governments in the State, or any of their instrumentalities; and cooperate with and assist departments and other agencies or instrumentalities of federal, state and local government, as well as regional, metropolitan, county, municipal or other local or private agencies in the execution of their functions with a view to harmonizing their development activities with the overall development plans and policies of the State. Whenever cooperation or assistance under this subdivision includes the rendering of technical services, such services may be rendered free or in accordance with an agreement for reimbursement.

(5) Provide information to officials of departments, boards, commissions, agencies and instrumentalities of state and local government, to civic and other groups, and to the public at large in order to foster public awareness and understanding of the objectives of a strong state economy and to stimulate public interest and participation in the orderly and integrated development of the State.

(6) Accept and receive, in furtherance of its function, funds, grants and services from the federal government or its agencies, from departments, agencies and instrumentalities of state or local government or from private and civic sources.

(7) Collect, compile and audit the information and data necessary to discharge its principal functions. Where such data cannot be secured from federal, state or local agencies or private organizations, the Division may engage in the required research. Before publishing any historical information, the information shall be reviewed and approved by the Department of State of the State.

(8) Perform and be responsible for the performance of all powers, duties and functions heretofore vested in the Delaware Office of Economic Development immediately prior to July 1, 2017, and the powers, duties and functions heretofore vested in the Division of Economic Development of the Department of Community Affairs and Economic Development immediately prior to November 1, 1981.

(9) Exercise all other powers necessary and proper for the discharge of its duties.

(i) The Public/Private Partnership and the Division will coordinate on proposed economic development projects for consideration by the Council, as necessary.

63 Del. Laws, c. 189, §  2;  69 Del. Laws, c. 10, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;  84 Del. Laws, c. 115, § 1; 

(a) The Council on Development Finance is hereby established and shall serve in an advisory capacity to the Director and shall consider matters relating to the financing and modernization of agricultural, industrial, commercial, emerging technologies and other facilities in the State and such other matters as may be referred to it by the Governor, or by the Director. The Council may study research, plan and advise the Director and the Governor on matters relating to economic development and strategic opportunities. The Council may consider projects and initiatives proposed by a Public/Private Partnership and make recommendations to the Division.

(b) (1) The Office of Management and Budget and the Office of the Controller General shall appoint 1 designee from each of their respective offices to support the staff of the Council. Upon request of the Council, the designees shall assist the Council by providing relevant analysis and research. The designees must be available to attend all Council meetings.

(2) The Chair of the Council, with prior notice to the Controller General, may engage professional contractual services when necessary to provide analysis and research for specific applications recommended to the Council by the Division of Small Business. The Office of the Controller General shall administer contracts for such services.

(c) The Council shall be composed of 9 members who are Delaware residents. The Governor shall appoint 7 members: 2 members from New Castle County, 1 member from Kent County, 1 member from Sussex County and 3 at-large members. The President Pro Tempore of the state Senate shall appoint 1 member of the Senate and the Speaker of the state House of Representatives shall appoint 1 member of the House of Representatives. Council members shall serve for 3-year terms and may be reappointed. Council members appointed after July 1, 2018, may be reappointed for only 1 additional 3-year term.

(d) At least 3, but no more than 4 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 members shall be affiliated with the other major political party; provided however, that there shall be 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.

(e) In making appointments to the Council, the Governor shall appoint professionals possessing 1 or more of the following designations: a member of the Bar of the Supreme Court of the State, an officer of a bank or trust company located in the State, an expert in private equity or a venture capital expert.

(f) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident of their duties as members in accordance with state law.

(g) Chairperson of the Council shall be appointed by the Governor. Such Chairperson shall serve at the pleasure of the Governor.

(h) 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. However, a person who is appointed to fill such a vacancy may be reappointed. Any person appointed to fill such a vacancy after July 1, 2018, may be reappointed for only 2, 3-year terms.

(i) The Council shall conduct its business only when a quorum is present. A quorum shall consist of 5 of the 9 members being present in person, by telephone, or by videoconference. The consent of a majority of the quorum is required for approval on any vote. Upon written request from the Council, the Governor may declare a vacancy for any member who is absent from 4 consecutive Council meetings. The Council Chair should schedule meetings so that they are centrally located and geographically balanced in number.

63 Del. Laws, c. 189, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 308, §  37;  76 Del. Laws, c. 79, §  56;  76 Del. Laws, c. 361, §§  1, 2;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 5; 

63 Del. Laws, c. 189, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;  repealed by 84 Del. Laws, c. 115, § 2, effective July 25, 2023.; 

The Director and all employees of the Division shall be exempt from Chapter 59 of this title.

63 Del. Laws, c. 189, §  2;  65 Del. Laws, c. 225, §  1;  69 Del. Laws, c. 458, §  1;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 6; 

(a) The Division may collect and disseminate any data or other information including, but not limited to, the population, demographics and economy of the State. The Division shall take such steps as the Director deems appropriate to emphasize the investment, business, employment and recreational opportunities and advantages of the State, and the potential for future development within the State.

(b) The Division may elect to publish any information on its own or to use any of the accepted advertising media to carry out the purposes of this chapter. The Division may also distribute information and materials donated to, or purchased by, the Division, from private or public agencies, organizations, corporations or individuals.

(c) The Director may offer such publications and other materials described in this chapter for sale if deemed by the Director to be in the best interests of the State, provided that the price so charged for the sale of said publications and materials shall not exceed their original cost with the addition of a charge for postage and handling, if applicable.

(d) Such moneys as received by the Division from the sale of publications and materials shall be deposited with the Treasurer of the State in a special fund of the State upon which the Director may draw to replace such publications and materials offered for sale. Unexpended funds remaining in the special fund at the close of the fiscal year, and not previously expended or encumbered, shall not revert but shall remain on deposit in such special fund for future use pursuant to this section.

63 Del. Laws, c. 189, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 7; 

(a) The Site Readiness Fund (“Fund”) is established to provide economic assistance for renovation, construction, or other improvements to infrastructure to attract new businesses to this State, or expand existing businesses in this State, when such an economic development opportunity would create a significant number of direct, quality, full-time jobs within the State.

(b) The purpose of the Fund is to cultivate a resource of commercial, industrial sites that are readily available to new businesses, established businesses that are considering moving to the State, or existing businesses within the State that need additional sites to remain or expand within the State. To expand and sustain economic growth within the State, it is critical to consistently maintain readily available commercial, industrial sites to attract new business, or expand existing businesses. Without a stable inventory of sites that are ready or able to be developed in a timely manner for business use, the delay in converting undeveloped sites capable of conducting business in compliance with applicable regulations and ordinances may cause the State to lose significant business opportunities that would benefit the economic well-being of its citizens.

(c) The applicant must meet all of the following criteria for projects to be eligible for funding under this section:

(1) Be sponsored by at least 1 public entity. For purposes of this section, a public entity is ether a county or a municipality. The sponsoring public entity must identify any regulations, zoning requirements, or local ordinances that apply to the project.

(2) Establish that the proposed improvement will create a significant number of direct, quality, full-time jobs.

(3) Demonstrate financial stability.

(4) Serve a public purpose.

(d) In addition to the criteria established in subsection (c) of this section, an applicant to the Fund must establish all of the following business organizational requirements:

(1) Validly exist as a corporation, public entity, limited liability company, or other regulated entity.

(2) Be in good standing under the laws of this State, duly qualified to do business.

(3) Be in good standing in each other jurisdiction in which its conduct of business requires such qualification.

(4) Possess any business and professional licenses required under Titles 24 and 30.

(e) Applications to the Fund shall be administered by the Division of Small Business within the Department of State in accordance with 1 Del. Admin. Code § 402 that governs the administration of projects under the Delaware Strategic Fund.

(f) The Council on Development Finance shall review projects and make recommendations to the Director of the Division of Small Business, as chairperson of the Delaware Economic Development Authority, pursuant to § 8707A of this title.

(g) The Director may consider recommendations of the Council made under subsection (f) of this section. The Director is authorized to determine whether the applicant and the improvements are eligible under the requirements of this section.

(h) The Director is further authorized to approve projects and make grants, loans, or other economic assistance from the Fund to qualified applicants.

(i) The administration of funding approved under this section shall be administered pursuant to the requirements of this chapter and 1 Del. Admin. Code § 402.

(j) To ensure that Fund assets are expended in the public interest, the Director may require recapture provisions in any contract agreements for grants, loans, or other economic assistance from the Fund to recover for any substantial or complete cessation of operations by the applicant, or failure to reach any employment or other project benchmarks. The Director may impose the recapture provisions for the number of years necessary to realize the purpose of the Fund.

(k) The Director may require the applicant to report financial statements, progress reports on the status of the project, including, the number of direct, quality, full-time jobs created or saved as a result of the project, any economic impact of the funding, and any other information required to assess the project. The reporting period for each project is within the discretion of the Director to determine that the purpose of the Fund is realized.

83 Del. Laws, c. 86, § 1; 

(a) The Director is hereby authorized and directed to establish a special fund of the State to encourage instrumentalities and political subdivisions of the State and private and public nonprofit associations to attract new investors and businesses to the State, and to promote the State as a destination for tourists and other travelers.

(b) The Director may contract with any instrumentality or political subdivision of the State, and with any private or public nonprofit association, to accomplish any work authorized by this chapter, provided that the said instrumentality or political subdivision of the State, private or public nonprofit association, contributes an equal share to the cost of the project.

(c) The Director shall establish such rules and regulations as are necessary to determine the eligibility of any instrumentality 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 may, if the Director deems it necessary, limit the amount of money granted to any single project funded 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.

63 Del. Laws, c. 189, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  1; 

The Division shall have the power to perform and shall be responsible for the performance of all powers, duties and functions heretofore vested by law in the Division of Economic Development of the Department of Community Affairs and Economic Development immediately prior to November 1, 1981, and the Delaware Economic Development Office prior to July 1, 2017, and which are not otherwise specifically transferred by this chapter.

63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1; 

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 Division, to any subdivision thereof or to any council or board created by this chapter shall continue to exist with respect to such act or acts as hereafter performed by the Division, by the subdivision, by the council or by the board to which such function is transferred by this chapter, and each such appeal shall be perfected in the manner heretofore provided by law.

63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1; 

(a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in the possession of any agency of the State and used in connection with a function transferred by law to the Delaware Economic Development Office on November 1, 1981, and all property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Division on July 1, 2017, shall be delivered into the custody of the Division. All investigations, petitions, hearings and legal proceedings pending before, or instituted by, any agency from which functions are transferred by this chapter and which are not concluded prior to June 30, 2017, 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 Division. All orders, rules and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and which are in effect upon June 30, 2017, shall remain in full force and effect until revoked or modified in accordance with law by the Division. All contracts and obligations of any agency made or undertaken in the performance of a function transferred by law to the Delaware Economic Development Office and being in force on November 1, 1981, and all contracts and obligations of any agency made or undertaken in the performance of a function transferred by this chapter to the Division, and being in force on June 30, 2017, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Division. All real estate owned by any agency from whom functions are transferred by this chapter to the Division, shall become property of the Division as of July 1, 2017.

(b) 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 by this chapter to the Division or to any subdivision thereof or to any council or board created by this chapter, be construed as referring and relating to the Division, to the appropriate subdivision thereof or to the council or board as created and established by this chapter.

(c) 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 they are consistent with this chapter and in connection with a function transferred by this chapter to the Division or to any subdivision thereof or to any council or board created by this chapter, be construed as referring to or relating to the equivalent person or persons and their powers, duties and functions as established and created in this chapter.

63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1; 

(a) The Division shall submit 1 annual report on or before December 1 of each year that includes all of the following information:

(1) The status of the Division’s efforts to meet the vision, goals, objectives, strategies, and economic indicators included in its comprehensive economic development planning.

(2) A summary of the work of the Council on Development Finance.

(3) The uses of the Delaware Strategic Fund for the previous year. The Director shall notify the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program on the remaining Strategic Fund balance available for commitment.

(4) The status of assistance for small business, including the Small Business Technology Transfer Program and the Small Business Innovative Research Program.

(5) The programs and funding under the Delaware Economic Development Training Act authorized by subchapter VIII of this chapter, including an evaluation of the performance of each program, a summary of the public moneys expended and an analysis of the participants in the programs, a report on the number of minority and economically disadvantaged individuals included in the programs.

(6) The names of all certified sponsor and new business firms, the total amount of tax credits awarded, and the number of jobs created under the new business certification tax program.

(b) The Division shall notify the Co-Chairs of the Joint Legislative Committee on the Capital Improvement Program of its intention to make a commitment of funds from the Strategic Fund before the commitment being made to the intended recipient of the funds.

(c) The Division shall also submit special reports upon the request of the Governor, the General Assembly, the Secretary, the Council on Development Finance, or at the discretion of the Director of those aspects of the Division’s work which may be deemed of current interest. Copies of all reports shall be made available for general distribution or sale and published on the Division’s public website.

(d) In preparing any reports on its operations, the Division may seek the advice of outside experts in the fields of tourist and travel promotion or general economic development.

(e) The Division shall submit all reports, when due, to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, the Secretary, and, for public distribution, to the Director and the Librarian of the Division of Legislative Services, and the Director of Public Archives. The Division shall also publish the reports on the Division’s public website.

63 Del. Laws, c. 189, §  2;  80 Del. Laws, c. 93, §  2;  81 Del. Laws, c. 49, §  1;  81 Del. Laws, c. 374, § 8;  84 Del. Laws, c. 115, § 3;  84 Del. Laws, c. 255, § 55; 

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Division 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 Division, the estate or interest therein expressed or described.

63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1; 

The Director shall prepare a proposed budget for the operation of the Division to be submitted along with the proposal for the Department of State for the consideration of the Secretary, Governor and the General Assembly. The budget may be presented in any manner consistent with guidelines provided by the Director of the Office of Management and Budget; provided, however, that at least 1 budget unit, or successor budgetary component, shall detail the proposed budget for the support of tourism. The Division shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants or appropriations.

63 Del. Laws, c. 189, §  2;  75 Del. Laws, c. 88, §  21(13);  81 Del. Laws, c. 49, §  1; 

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.

63 Del. Laws, c. 189, §  2;  81 Del. Laws, c. 49, §  1;