1. (a) The maximum amount of credit awards under this chapter in any fiscal year may not exceed $10,000,000. The Secretary of State, with the input of the Delaware Motion Picture and Television Development Commission and the Division of Small Business, shall determine how that maximum is to be administered such as pro rata or first-come-first-served.

2. (b) The Secretary of State, with input from the Delaware Motion Picture and Television Development Commission and the Division of Small Business, must prioritize applicants based on the applicant’s expected benefit to this State as detailed in the applicant’s Delaware Impact Plan. The following applicants must be a priority:

   1. (1) Applicants that employ a significant amount of Delaware residents.
   2. (2) Applicants that use Delaware based vendors and facilities.
   3. (3) Repeat applicants or applicants that have multiple project commitments in this State.
   4. (4) Applicants that expect to permanently expand their presence in this State.

85 Del. Laws, c. 334, § 1