There is hereby established, within the Department of Safety and Homeland Security, a Division of Communications with duties, powers and responsibilities as defined.

(1) The Division of Communications shall:

a. Possess the technical expertise to maintain the state radio communications equipment for the State;

b. Plan, coordinate and monitor the procurement of radio systems and associated equipment for the State;

c. Perform such other duties in connection with the radio communications activities of the state government as may be directed by the Governor, the General Assembly, or the Chief Justice or as may be required by existing or future state or federal statute; and

d. Cooperate with the Office of Management and Budget, Department of Technology and Information in the preparation of the statewide communications budget.

(2) Charges; Communications Revolving Fund. — a. Out-of-pocket expenses for parts, materials and other goods, used for installation, repair and maintenance of communications facilities, equipment and services, shall be charged to and paid by the using agency through the use of an intergovernmental voucher as described in the State’s Budget and Accounting Policy Manual. Moneys received by the Division of Communications under this chapter shall be deposited in a special fund, to be known as the “Communications Revolving Fund,” which shall not revert at the end of any fiscal year. The Communications Revolving Fund shall be for the purpose of buying parts, materials and other goods required for installation, repair and maintenance of communications facilities, equipment and services.

b. The size of the Communications Revolving Fund shall be reviewed annually by the Director of the Office of Management and Budget, and if deemed excessive to the needs of the Division of Communications, the excess shall be reverted to the General Fund of the State.

(3) Extension of service to others. — Pursuant to written agreements of terms and conditions and subject to payment of charges as determined in accordance with Chapter 65 of this title, the Division of Communications may, but is not required to, extend the services defined in paragraph (1) of this section, as applicable and reasonable to local municipalities, towns and the counties and any and all agencies thereof, and volunteer fire, rescue and ambulance companies operating and chartered in the State. Any such extension of services shall be subject to availability of resources and secondary to the needs of state government. So long as authorized general funded personnel do not depreciate below the Fiscal Year 2006 level, the Division of Communications may provide volunteer fire, rescue and ambulance companies operating and chartered in the State with the same level of 800 MHz service provided to state agencies. Moneys received as payment for these services shall be deposited in the Communications Revolving Fund.

(4) Restriction of use. — a. State communications activities shall not be used for any purposes other than the business of the State, nor in any manner not in accordance with this chapter, except in an emergency.

b. Communications transmitted or received by state communications activities shall be the privileged information of the sender and receiver and interception and use of such communications by an unauthorized third party is in violation of federal law, and shall be in violation of the purpose and intent of this chapter; provided, that this shall not prohibit the sender or receiver from releasing such communications to others or to the public if necessary or desirable; and provided, further that the Governor shall have the power to direct the release of such communications if the Governor deems such action to be in the best interest of the State.

76 Del. Laws, c. 391, § ?12; 78 Del. Laws, c. 78, § ?252;