Civil Division-New Castle County
E. Karen Whitaker
Office of Auditor of Accounts
Dover, DE 19903
RE: State Use Law 16 Del. C. § 9601 et seq.
Dear Ms. Whitaker:
You have asked two questions relating to the State Use Law, 16 Del. C. Ch. 96. First, "[w]hat was the intent of the General Assembly relative to interpreting 16 Del. C. § 9602(4), "buildings at residential institutions operated by the State?" Second, "[i]f an agency refuses to comply, what is the penalty?" Your inquiry relates to prison or correctional facilities, and whether such facilities are buildings at residential institutions. Under the State Use Law, a State agency that operates a food service in a public office building shall procure such food service from the Delaware Division for the Visually Impaired. Specifically excepted from the definition of public office building are "buildings at residential institutions operated by the State." 16 Del. C. § 9602(4). For the reasons set forth below, we conclude that correctional facilities are residential institutions operated by the State, and therefore buildings located at correctional