Delaware General Assembly

Lieu/Substituted 6/15/20

The General Assembly has ended, the current status is the final status.

SS 1 for SB 243

6/10/20

Hansen

Sen. Poore, Delcollo
Reps. Brady, Baumbach

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.

Since 2009, when video-conferencing was first permitted under the Freedom of Information Act (“FOIA”) by Senate Bill No. 104 (145th General Assembly), technology has continued to evolve and the need to provide more mechanisms for participation by members of public bodies and the public has grown. In addition, under the Governor's March 12, 2020, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat and House Concurrent Resolution No. 85 (“HCR 85”), public bodies in Delaware have been successfully holding virtual public meetings. This Act amends FOIA to allow a public body to hold a public meeting electronically if specific notice and public access requirements are met. The notice and access requirements follow the guidelines established under HCR 85. Specifically, this Act permits all of the following: 1. An advisory body that makes reports or recommendations may hold a virtual meeting at any time, if there is an anchor location that is open to the public and at which 1 or more members of the public body attend the meeting. 2. During a state of emergency, any public body may hold a virtual meeting. If all members of a public body are elected by the public to serve on the public body, there are requirements to ensure that members have contemporaneous access to documents. This Act also clarifies that if its members are not all elected by the public to serve on the public body, a public body must allow a member with a disability to attend a meeting electronically as a reasonable accommodation under § 4504 of Title 6. Finally, this Act permits the Governor to allow public bodies to hold virtual meetings if necessary to prevent a public health emergency, through June 30, 2021. This Act does not revise § 10006 of Title 29, the existing video-conferencing section, because § 10006 permits more types of public bodies to conduct a meeting through video-conferencing than are permitted to conduct a virtual meeting under this Act in the absence of a state of emergency.

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Takes effect upon being signed into law

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