29 Del. C. § 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.